Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1986, 1st Special Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1986, First Special Session
CHAPTER 3-S.F.No. 1
An act relating to Minnesota Statutes; correcting
erroneous, ambiguous, omitted, and obsolete references
and text; eliminating certain redundant, conflicting,
and superseded provisions; providing instructions to
the revisor; correcting various legislative enactments;
providing for the exclusion of the homestead from the
augmented estate; providing for the inclusion of
certain insurance and other items in the augmented
estate; establishing a standard for best interests of
wards or conservatees; requiring findings regarding
best interests; exempting stairways in certain
buildings from certain provisions of the uniform fire
code; defining the duties and terms of office of the
members of the world trade center board; classifying
data held by the board; permitting the equipping of
school buses with driver-activated student control
warning system; creating the labor interpretative
center; establishing an advisory council governing
policies and program purposes; specifying the
crediting of certain investment earnings; clarifying
certain appropriations; amending Minnesota Statutes
1984, sections 8.32, subdivision 2; 10A.01,
subdivision 11; 10A.04, subdivision 4a; 16A.631;
16A.72; 44A.01, subdivision 1; 44A.02; 44A.07,
subdivision 1; 46.044, as amended; 47.58, subdivision
5; 62D.22, subdivision 8; 116J.70, subdivision 2a;
116M.08, subdivision 17; 121.15, subdivision 2;
124A.02, subdivision 14; 136D.74, subdivision 2;
144.224; 169.44, by adding a subdivision; 169.045,
subdivision 7, as amended; 176A.01, subdivision 1;
179A.10, subdivision 3; 253B.02, subdivision 4a;
260.015, subdivision 24; 260.245; 275.125, subdivision
9, as amended; 298.22, subdivision 3; 299F.011, by
adding a subdivision; 327C.07, subdivision 3a; 349.15,
as amended; 349.212, subdivision 4, as amended;
383A.23, subdivision 5; 385.24; 403.12, subdivision 1;
414.061, subdivisions 4 and 4a; 424A.001, subdivision
7, as added; 462A.21, subdivision 8a; 471.992, as
amended; 487.191; 494.03; 518B.01, subdivision 2;
525.539, by adding a subdivision; 525.544; 525.551,
subdivision 5; 525.61; 571.495, subdivision 2; 590.01,
subdivision 1; 609.346, subdivision 3; 609.347,
subdivision 3; 609.348; 609.35; 611A.03, subdivision
3; 628.26; Minnesota Statutes 1985 Supplement,
sections 16B.61, subdivision 3; 47.20, subdivision 6c;
64B.05, subdivision 1; 64B.37, subdivision 2; 69.011,
subdivision 1; 116M.03, subdivision 28; 124.32,
subdivision 1d; 145.917, subdivision 4; 147.01,
subdivision 4; 147.073, subdivision 1; 168.013,
subdivision 1e, as amended; 168.27, subdivision 11;
248.07, subdivision 7; 256.969, subdivision 2, as
amended; 256B.091, subdivision 4; 256D.37, subdivision
1; 256F.05, subdivision 4; 256F.06, subdivision 1;
273.124, subdivision 5; 297C.03, subdivision 1;
298.02, subdivision 1; 298.225, subdivision 1, as
amended; 298.28, subdivision 1, as amended; 340A.404,
subdivision 5; 340A.409, subdivision 1; 340A.410, by
adding a subdivision; 340A.412, subdivisions 1 and 9;
340A.415; 340A.702; 340A.802, subdivision 1; 349.212,
subdivision 1, as amended; 356.216; 358.44; 414.061,
subdivision 5; 458.16, subdivision 6; 473.831,
subdivision 1; 524.2-109; 524.2-202; 524.2-205;
525.145; 527.41; 527.42; 527.43; 528.15; 609.344,
subdivision 1; 609.345, subdivision 1; 609.346,
subdivision 2; 609.3471; 626.556, subdivision 2;
631.045; 1986 Regular Session H.F. No. 1886, section
21; Laws 1986, chapters 339, sections 6, subdivision
1; 8; 15, subdivision 1; 16; and 17; 358, section 12;
359, section 27; 365, section 22; 372, section 1,
subdivision 1; 383, section 17, subdivision 5; 391,
section 7; 398, article 1, section 11, subdivision 5;
article 2, section 3, subdivision 2; article 6,
section 2, subdivision 2; article 29, section 1,
subdivision 7; 416, section 4; 417, section 1; 441,
section 15; 455, section 21, subdivision 1; 456,
section 1, subdivision 2; 460, sections 7,
subdivisions 1 and 2; 48; 49; 50; and 59; 465, article
1, sections 11; 20, subdivision 9; article 2, section
25; 467, section 24, subdivision 3; proposing coding
for new law in Minnesota Statutes, chapters 44A, 138,
206 and 340A; repealing Minnesota Statutes 1984,
section 35.067; 383A.23, subdivisions 2, 3, and 4;
403.12, subdivisions 2 and 3; repealing Laws 1984,
chapter 560, section 24; Laws 1985, chapters 248,
sections 28 and 29; 252, section 24; Laws 1985, First
Special Session chapters 9, article 2, section 89; 14,
article 3, section 13; 14, article 4, sections 37 and
91; Laws 1986, chapters 399, article 2; and 452,
section 20.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1984, section 8.32,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The attorney general shall:
(a) enforce the provisions of law relating to consumer
fraud and unlawful practices in connection therewith as set
forth in sections 325F.68 and 325F.69;
(b) enforce the provisions of law set forth in sections
80D.19 and 80D.20 and Laws 1984, chapter 641, sections 2 to 4
section 9;
(c) make recommendations to the governor and the
legislature for statutory needs that exist in adequately
protecting the consumer.
Sec. 2. Minnesota Statutes 1984, section 10A.01,
subdivision 11, is amended to read:
Subd. 11. "Lobbyist" means any individual:
(a) Engaged for pay or other consideration, or authorized
by another individual or association to spend money, who spends
more than five hours in any month or more than $250, not
including his own travel expenses and membership dues, in any
year, for the purpose of attempting to influence legislative or
administrative action by communicating or urging others to
communicate with public officials; or
(b) Who spends more than $250, not including his own
traveling expenses and membership dues, in any year for the
purpose of attempting to influence legislative or administrative
action by communicating or urging others to communicate with
public officials.
"Lobbyist" does not include any:
(a) Public official or employee of the state or any of its
political subdivisions or public bodies acting in his official
capacity;
(b) Party or his representative appearing in a proceeding
before a state board, commission or agency of the executive
branch unless the board, commission or agency is taking
administrative action;
(c) Individual while engaged in selling goods or services
to be paid for by public funds;
(d) News media or their employees or agents while engaged
in the publishing or broadcasting of news items, editorial
comments or paid advertisements which directly or indirectly
urge official action;
(e) Paid expert witness whose testimony is requested by the
body before which he is appearing, but only to the extent of
preparing or delivering testimony;
(f) Stockholder of a family farm corporation as defined in
section 500.24, subdivision 1 2, who does not spend over $250,
excluding his own travel expenses, in any year in communicating
with public officials; or
(g) Party or his representative appearing to present a
claim to the legislature and communicating to legislators only
by the filing of a claim form and supporting documents and by
appearing at public hearings on the claim.
Sec. 3. Minnesota Statutes 1984, section 10A.04,
subdivision 4a, is amended to read:
Subd. 4a. If in any reporting period the lobbyist's
reportable disbursements total not over $100 and no honorarium,
gift, loan, item or benefit equal in value to $20 $50 or more
was given or paid to any public official, a statement to that
effect in lieu of the report may be filed for that period. The
unreported disbursements shall be included in the report for the
following period, unless the total for that period, including
the carryover, is not over $100. The October 15 report shall
include all previously unreported disbursements, even though the
total for the year is not over $100.
Sec. 4. Minnesota Statutes 1984, section 16A.631, is
amended to read:
16A.631 [STATE BUILDING FUND.]
The state building fund is established to receive state
bond proceeds appropriated to agencies to acquire and to better
public lands land and buildings and other public improvements of
a capital nature, as authorized by the Constitution, article XI,
section 5, clause (a).
Sec. 5. Minnesota Statutes 1984, section 35.067, is
repealed.
Sec. 6. Minnesota Statutes 1985 Supplement, section 47.20,
subdivision 6c, is amended to read:
Subd. 6c. [EXTENSION OF CERTAIN LOAN ASSUMPTIONS.]
Conventional loans made on or after June 1, 1979, and before May
9, 1981, continue to be assumable under the provisions of
Minnesota Statutes 1984, section 47.20, subdivision 6, until
September 31 October 1, 1990.
Sec. 7. Minnesota Statutes 1984, section 47.58,
subdivision 5, is amended to read:
Subd. 5. [INTEREST.] Notwithstanding the provisions of
section 334.01, subdivision 1, lenders may make reverse mortgage
loans and purchases of obligations representing reverse mortgage
loans, at an interest rate or loan yield not in excess of the
maximum lawful interest rate prescribed for conventional loans
by section 47.20, subdivision 4 4a. If section 47.20,
subdivision 4 4a expires, the interest rate last published
pursuant to the provisions of section 47.20, subdivision 4 4a
shall be the maximum lawful interest rate for reverse mortgage
loans. A contract rate within the maximum lawful interest rate
applicable to a reverse mortgage loan at the time the loan is
made shall be the maximum lawful interest rate for the term of
the reverse mortgage loan.
Notwithstanding the provisions of section 334.01,
subdivision 1, a reverse mortgage loan agreement may provide
that interest will be added to the outstanding loan balance
monthly as it accrues, with interest accruing on the outstanding
loan balance at a rate not to exceed the rate of interest
permitted under this subdivision at the time of the signing of
the original loan agreement or any subsequent extension
agreement.
Sec. 8. Minnesota Statutes 1984, section 62D.22,
subdivision 8, is amended to read:
Subd. 8. All agents, solicitors, and brokers engaged in
soliciting or dealing with enrollees or prospective enrollees of
a health maintenance organization, whether employees or under
contract to the health maintenance organization, shall be
subject to the provisions of section 60A.17, concerning the
licensure of health insurance agents, solicitors, and brokers,
and lawful regulations thereunder. Medical doctors and others
who merely explain the operation of health maintenance
organizations shall be exempt from the provisions of section
60A.17. Section 60A.17, subdivision 2, clause (2) 1a, paragraph
(b) shall not apply except as to provide for an examination of
an applicant in his knowledge concerning the operations and
benefits of health maintenance organizations and related
insurance matters.
Sec. 9. Minnesota Statutes 1985 Supplement, section
64B.05, subdivision 1, is amended to read:
Subdivision 1. [PURPOSES.] A society shall operate for the
benefit of members and their beneficiaries by:
(1) providing benefits as specified in section 64B.16; and
(2) operating for one or more social, intellectual,
educational, charitable, benevolent, moral, fraternal,
patriotic, or religious purposes for the benefit of its members,
which may also be extended to others.
The purposes provided for in this subdivision may be
carried out directly by the society, or indirectly through
subsidiary corporations or affiliated organizations which are to
be operated primarily for member service. The subsidiaries
authorized under section 64B.21 64B.12 are to be operated
primarily for investment purposes.
Sec. 10. Minnesota Statutes 1985 Supplement, section
64B.37, subdivision 2, is amended to read:
Subd. 2. [FALSE OR FRAUDULENT STATEMENTS OR
REPRESENTATIONS.] Any person, officer, member, or examining
physician, who shall knowingly or willfully make any false or
fraudulent statement or representation in, or with reference to,
any application for membership for the purpose of obtaining
money from or benefit in any society transacting business under
this chapter shall be guilty of a misdemeanor:
(1) any person who shall willfully make a false statement
of any material fact or thing in a sworn statement as to the
death or disability of a certificate holder in any such society,
for the purpose of procuring payment of a benefit named in the
certificate of such holder, and any person who shall willfully
make any false statement and any verified report or declaration
under oath, required or authorized under this article chapter,
shall be guilty of perjury and shall be proceeded against and
punished as provided by the statutes of this state in relation
to the crime of perjury;
(2) any person who shall solicit membership for, or in any
manner assist in procuring membership in, any society not
licensed to do business in this state, or who shall solicit
membership for or in any manner assist in procuring membership
in, any such society not authorized to do business in this
state, shall be guilty of a misdemeanor; and, upon conviction
thereof, punished by fine of not more than $100;
(3) any society, or any officer, agent, or employee
thereof, neglecting, refusing to comply with, or violating, any
of the provisions of this chapter, the penalty for which
neglect, refusal, or violation is not specified in this section,
shall be fined not exceeding $100 upon conviction thereof.
Sec. 11. Minnesota Statutes 1985 Supplement, section
69.011, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] Unless the language or
context clearly indicates that a different meaning is intended,
the following words and terms shall for the purposes of this
chapter and chapters 423, 424 and 424A have the meanings
ascribed to them:
(a) "Commissioner" means the commissioner of revenue.
(b) "Municipality" means any home rule charter or statutory
city, organized town or park district subject to chapter 398,
and the University of Minnesota.
(c) "Minnesota Firetown Premium Report" means a form
prescribed by the commissioner containing space for reporting by
insurers of fire, lightning, sprinkler leakage and extended
coverage premiums received upon risks located or to be performed
in this state less return premiums and dividends.
(d) "Firetown" means the area serviced by any municipality
having a qualified fire department or a qualified incorporated
fire department having a subsidiary volunteer firefighters
relief association.
(e) "Assessed property valuation" means latest available
assessed value of all property in a taxing jurisdiction, whether
the property is subject to taxation, or exempt from ad valorem
taxation obtained from information which appears on abstracts
filed with the commissioner of revenue or equalized by the state
board of equalization.
(f) "Minnesota Aid to Police Premium Report" means a form
prescribed by the commissioner for reporting by each fire and
casualty insurer of all premiums received upon direct business
received by it in this state, or by its agents for it, in cash
or otherwise, during the preceding calendar year, with reference
to insurance written for insuring against the perils contained
in auto liability-bodily injury, auto liability-property damage,
and auto physical damage as reported in the Minnesota business
schedule of the fire and casualty insurance companies annual
financial statement which each insurer is required to file with
the commissioner in accordance with the governing laws or
regulations less return premiums and dividends.
(g) "Peace officer" means any person:
(1) whose primary source of income derived from wages is
from direct employment by a municipality or county as a law
enforcement officer on a full-time basis of not less than 30
hours per week;
(2) who has been employed for a minimum of six months prior
to December 31 preceding the date of the current year's
certification pursuant to subdivision 2, clause (b);
(3) who is sworn to enforce the general criminal laws of
the state and local ordinances;
(4) who is licensed by the peace officers standards and
training board and is authorized to arrest with a warrant; and
(5) who is a member of a local police relief association to
which section 69.77 applies or the public employees police and
fire fund.
(h) "Full-time equivalent number of peace officers
providing contract service" means the integral or fractional
number of peace officers which would be necessary to provide the
contract service if all peace officers providing service were
employed on a full-time basis as defined by the employing unit
and the municipality receiving the contract service.
(i) "Retirement benefits other than a service pension"
means any disbursement authorized pursuant to section 424.05
424A.05, subdivision 3, clauses (2), (3) and (4).
(j) "Municipal clerk, municipal clerk-treasurer or county
auditor" means the person who was elected or appointed to the
specified position or, in the absence of the person, another
person who is designated by the applicable governing body. In a
park district the clerk is the secretary of the board of park
district commissioners. In the case of the University of
Minnesota, the clerk is that official designated by the board of
regents.
Sec. 12. Minnesota Statutes 1984, section 116J.70,
subdivision 2a, is amended to read:
Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or
"license" does not include the following:
(1) Any occupational license or registration issued by a
licensing board listed in section 214.01 or any occupational
registration issued by the commissioner of health pursuant to
section 214.13;
(2) Any license issued by a county, home rule charter city,
statutory city, township or other political subdivision;
(3) Any license required to practice the following
occupation regulated by the following sections:
(a) Abstracters regulated pursuant to chapter 386;
(b) Accountants regulated pursuant to chapter 326;
(c) Adjusters regulated pursuant to chapter 72B;
(d) Architects regulated pursuant to chapter 326;
(e) Assessors regulated pursuant to chapter 270;
(f) Attorneys regulated pursuant to chapter 481;
(g) Auctioneers regulated pursuant to chapter 330;
(h) Barbers regulated pursuant to chapter 154;
(i) Beauticians regulated pursuant to chapter 155 155A;
(j) Boiler operators regulated pursuant to chapter 183;
(k) Chiropractors regulated pursuant to chapter 148;
(l) Collection agencies regulated pursuant to chapter 332;
(m) Cosmetologists regulated pursuant to chapter 155 155A;
(n) Dentists, registered dental assistants, and dental
hygienists regulated pursuant to chapter 150A;
(o) Detectives regulated pursuant to chapter 326;
(p) Electricians regulated pursuant to chapter 326;
(q) Embalmers regulated pursuant to chapter 149;
(r) Engineers regulated pursuant to chapter 326;
(s) Insurance brokers and salespersons regulated pursuant
to chapter 60A;
(t) Midwives regulated pursuant to chapter 148;
(u) Morticians regulated pursuant to chapter 149;
(v) Nursing home administrators regulated pursuant to
chapter 144A;
(w) Optometrists regulated pursuant to chapter 148;
(x) Osteopathic physicians regulated pursuant to chapter
147;
(y) Pharmacists regulated pursuant to chapter 151;
(z) Physical therapists regulated pursuant to chapter 148;
(aa) Physicians and surgeons regulated pursuant to chapter
147;
(bb) Plumbers regulated pursuant to chapter 326;
(cc) Podiatrists regulated pursuant to chapter 153;
(dd) Practical nurses regulated pursuant to chapter 148;
(ee) Professional fundraisers regulated pursuant to chapter
309;
(ff) Psychologists regulated pursuant to chapter 148;
(gg) Real estate brokers, salespersons and others regulated
pursuant to chapters 82 and 83;
(hh) Registered nurses regulated pursuant to chapter 148;
(ii) Securities brokers, dealers, agents and investment
advisers regulated pursuant to chapter 80A;
(jj) Steamfitters regulated pursuant to chapter 326;
(kk) Teachers and supervisory and support personnel
regulated pursuant to chapter 125;
(ll) Veterinarians regulated pursuant to chapter 156;
(mm) Watchmakers regulated pursuant to chapter 326;
(nn) Water conditioning contractors and installers
regulated pursuant to chapter 326;
(oo) Water well contractors regulated pursuant to chapter
156A;
(pp) Water and waste treatment operators regulated pursuant
to chapter 115;
(qq) Motor carriers regulated pursuant to chapter 221;
(rr) Professional corporations regulated pursuant to
chapter 319A;
(4) Any driver's license required pursuant to chapter 171;
(5) Any aircraft license required pursuant to chapter 360;
(6) Any watercraft license required pursuant to chapter 361;
(7) Any license, permit, registration, certification, or
other approval pertaining to a regulatory or management program
related to the protection, conservation, or use of or
interference with the resources of land, air or water, which is
required to be obtained from a state agency or instrumentality;
and
(8) Any pollution control rule or standard established by
the pollution control agency or any health rule or standard
established by the commissioner of health or any licensing rule
or standard established by the commissioner of human services.
Sec. 13. In Minnesota Statutes, chapters 116K and 462, the
revisor shall change all references to "sections 116K.01 to
116K.07" to "sections 116K.01 to 116K.13."
Sec. 14. Minnesota Statutes 1985 Supplement, section
116M.03, subdivision 28, is amended to read:
Subd. 28. [QUALIFIED DIVERSIFICATION PROJECT.] A qualified
economic diversification project means the provision of special
assistance under section 116M.07, subdivision 11, paragraph (d)
to a business, if the following criteria are satisfied.
(1) If the business is located outside of a distressed
county, the following conditions must be satisfied:
(a) the business is principally engaged in manufacturing;
(b) the primary market for the product of the business is
national or international in scope;
(c) the business would not locate or expand or continue to
expand in Minnesota if special assistance were not provided;
(d) the project will result in the addition of at least 50
permanent employees;
(e) the total capital investment for the project exceeds
$3,000,000;
(f) the provision of special assistance to the business
will result in diversification of the state's economy by
expanding the types of products produced or technologies by
establishing new markets for Minnesota products or technologies;
and
(g) the project will not directly result in a reduction in
the employment of other Minnesota businesses.
(2) If the business is located in a distressed county, the
following conditions must be satisfied:
(a) The business is principally engaged in manufacturing or
in selling of tangible personal property or services in response
to orders received by mail or telephone or in providing business
services by mail or electronic data transmission.
(b) The business would not locate in the distressed county
or an adjacent Minnesota county if special assistance were not
provided;
(c) The total capital investment for the project exceeds
$3,000,000 and the business will increase employment by at least
25 permanent positions or the total capital investment for the
project exceeds $1,000,000 and the business will increase
employment by at least 50 additional positions.
(d) For purposes of this subdivision, "manufacturing" has
the meaning given in section 474.16, subdivision 6, except that
the provisions of clause (b) do not apply.
Sec. 15. Minnesota Statutes 1984, section 116M.08,
subdivision 17, is amended to read:
Subd. 17. Financial information, including, but not
limited to, credit reports, financial statements and net worth
calculations, received or prepared by the authority regarding
any authority loan, financial assistance, or insurance is
private data with regard to data on individuals as defined in
section 13.02, subdivision 9 12 and nonpublic data with regard
to data not on individuals as defined in section 13.02,
subdivision 12 9.
Sec. 16. Minnesota Statutes 1984, section 121.15,
subdivision 2, is amended to read:
Subd. 2. [PLAN SUBMITTAL.] The department of education,
after the consultation required in subdivision 1, may require a
school district engaging in a construction, remodeling, or site
improvement project to submit for approval:
(a) two sets of preliminary plans for each new building or
addition, and
(b) one set of final plans for each construction,
remodeling, or site improvement project. The department of
education shall approve or disapprove the plans within 60 days
after submission. A school district shall not award contracts
before the department approves the plans.
Final plans shall meet all applicable state laws, rules,
and codes concerning public buildings, including sections 16.83
to 16.87 16B.59 to 16B.73. The department of education's
approval shall be limited to compliance with applicable state
laws, rules, and codes and shall reasonably conform to the
recommended educational standards established by the department
of education. The department may furnish to a school district
plans and specifications for temporary school buildings
containing two classrooms or less.
Sec. 17. Minnesota Statutes 1985 Supplement, section
124.32, subdivision 1d, is amended to read:
Subd. 1d. [CONTRACT SERVICES.] (1) For special instruction
and services provided during the regular school year to any
pupil pursuant to section 120.17, subdivision 2, clause (h) (i),
by contract with public, private or voluntary agencies other
than school districts, the state shall pay each district 55
percent of the difference between the amount of the contract and
the foundation aid formula allowance of the district for that
pupil or a pro rata portion of the foundation aid formula
allowance for pupils who receive services by contract on less
than a full-time basis.
(2) For special instruction and services provided for a
pupil by such a contract as part of a summer school program, the
state shall pay each district 55 percent of the difference
between the amount of the contract and the summer school revenue
allowance of the district attributable to that pupil.
Sec. 18. Minnesota Statutes 1984, section 124A.02,
subdivision 14, is amended to read:
Subd. 14. [PERMITTED LEVY.] "Permitted levy" means the
amount a district is permitted to levy for each tier, as
determined by the department of education according to section
275.125, subdivisions 7d and 7e law.
Sec. 19. Minnesota Statutes 1984, section 136D.74,
subdivision 2, is amended to read:
Subd. 2. [TAX LEVY.] The intermediate school board may in
each year for the purpose of paying any administrative,
planning, operating, or capital expenses incurred or to be
incurred certify to each county auditor of each county in which
said intermediate school district shall lie, as a single taxing
district, the tax levy specified in section 275.125, subdivision
13, clause (2). Additional tax levies may be certified which
shall not in any year exceed .6 mills on each dollar of adjusted
assessed valuation for expenses for special education and .5
mills on each dollar of adjusted assessed valuation for expenses
for secondary vocational education. Said annual tax levies
shall be certified pursuant to section 124.02 275.07. Upon such
certification the county auditor or auditors and other
appropriate county officials shall levy and collect such levies
and remit the proceeds of collection thereof to the intermediate
school district as in the case with independent school
districts. Such levies shall not be included in computing the
limitations, if any, upon the levy of the intermediate district
or any of the participating districts under sections 124A.03,
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision
5a, and 275.125.
Sec. 20. Minnesota Statutes 1984, section 144.224, is
amended to read:
144.224 [REPORTS OF DISSOLUTION AND ANNULMENT OF MARRIAGE.]
Each month the clerk of court shall forward to the
commissioner of health the statistical report forms collected
pursuant to section 144.695 518.147 during the preceding month.
The report form shall include only the following information:
(a) name, date of birth, birthplace, residence, race, and
educational attainment of the husband and wife;
(b) county of decree;
(c) date and type of decree;
(d) place and date of marriage;
(e) date of separation;
(f) number and ages of children of marriage;
(g) amount and status of maintenance and child support;
(h) custody of children;
(i) income of the parties;
(j) length of separation and length of marriage; and
(k) number of previous marriages and reasons for ending the
previous marriages (death, dissolution, or annulment).
The commissioner may publish data collected under this
section in summary form only. The statistical report form shall
contain a statement that neither the report form, nor
information contained in the form, shall be admissible in
evidence in this or any subsequent proceeding.
Sec. 21. Minnesota Statutes 1985 Supplement, section
145.917, subdivision 4, is amended to read:
Subd. 4. [WITHDRAWAL.] Any participating county or city
may by resolution of its governing body indicate its intention
to withdraw from the subsidy program established by sections
145.911 to 145.921.
(a) Notification shall be given to the state commissioner
of health and to each county or city in any multicounty or
multicity combination, at least one year before the beginning of
the fiscal year in which it takes effect.
(b) When two or more counties or cities have combined for
the purposes of sections 145.911 to 145.921, the withdrawal
provision shall not be applicable during the first two years
following the adoption of the initial agreement to combine.
(c) The withdrawal of a county or city from a group of two
or more counties or cities combined for the purposes of sections
145.911 to 145.921 shall not affect the eligibility for the
community health services subsidy of the remaining counties or
cities for at least one year following the withdrawal.
(d) The amount of any additional annual payment for
calendar year 1985 made pursuant to Laws 1976, section 11
Minnesota Statutes 1984, section 145.921, subdivision 4, shall
be subtracted from the subsidy for a county that, due to
withdrawal from a multicounty combination, ceases to meet the
terms and conditions under which that additional annual payment
was made.
Sec. 22. Minnesota Statutes 1985 Supplement, section
147.01, subdivision 4, is amended to read:
Subd. 4. [DISCLOSURE.] Subject to the exceptions listed in
this subdivision, all communications or information received by
or disclosed to the board relating to any person or matter
subject to its regulatory jurisdiction, and all records of any
action or proceedings thereon, except a final decision of the
board, are confidential and privileged and any disciplinary
hearing shall be closed to the public.
(a) Upon application of a party in a proceeding before the
board under section 147.021, the board shall produce and permit
the inspection and copying, by or on behalf of the moving party,
of any designated documents or papers relevant to the
proceedings, in accordance with the provisions of rule 34,
Minnesota rules of civil procedure.
(b) If the board imposes disciplinary measures of any kind,
the name and business address of the licensee, the nature of the
misconduct, and the action taken by the board are public data.
(c) The board shall exchange information with other
licensing boards, agencies, or departments within the state, as
required under section 214.10, subdivision 8, paragraph (e) (d),
and may release information in the reports required under
sections 147.02, subdivision 6, and 214.10, subdivision 8,
paragraph (c) (b).
Sec. 23. Minnesota Statutes 1985 Supplement, section
147.073, subdivision 1, is amended to read:
Subdivision 1. [INVESTIGATION.] The board shall maintain
and keep current a file containing the reports and complaints
filed against physicians in the state. Each complaint filed
with the board pursuant to section 214.10, subdivision 1, shall
be investigated according to section 214.10, subdivision 2.
Whenever the files maintained by the board show that a
medical malpractice settlement or award to the plaintiff has
been made against a physician as reported by insurers pursuant
to section 147.037 147.111, the executive director of the board
shall notify the board and the board may authorize a review of
the physician's practice.
Sec. 24. Minnesota Statutes 1985 Supplement, section
168.27, subdivision 11, is amended to read:
Subd. 11. [LICENSES.] Upon the filing of an application
for a license and the proper fee, the registrar is authorized,
unless the application on its face appears to be invalid, to
grant a 90-day temporary license and during said 90-day period
shall investigate the fitness of the applicant, inspect the site
and make such other investigation as is necessary to insure
compliance with the licensing law. The registrar may extend the
temporary license 30 days. At the end of the period of
investigation the license shall either be granted or denied.
The license must be denied if within the previous five years the
applicant was enjoined due to a violation of section 325F.69 or
convicted of violating section 325E.14, 325E.15, 325E.16, or
325F.69, or convicted under section 609.53 of receiving or
selling stolen vehicles, or convicted of violating United States
Code, title 15, sections 1981 to 1991, as amended through
December 31, 1984. If the application is approved, the
registrar shall license the applicant as a motor vehicle dealer
for the remainder of the calendar year, and issue a certificate
of license therefor as the registrar may provide upon which
shall be placed a distinguishing number of identification of
such dealer. Each initial application for a license shall be
accompanied by a fee of $50 in addition to the annual fee. The
annual fee shall be $100. All initial fees and annual
fees which shall be paid into the state treasury and credited to
the general fund. If the initial application is received by the
registrar after July 1 of any year, the first annual fee shall
be reduced by one-half.
Sec. 25. Minnesota Statutes 1984, section 176A.01,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] For the purposes of Laws
1983, chapter 287, article 2, sections 1 to 13 sections 176A.01
to 176A.11, the terms defined in this section have the meanings
given them.
Sec. 26. Minnesota Statutes 1984, section 179A.10,
subdivision 3, is amended to read:
Subd. 3. [STATE EMPLOYEE SEVERANCE.] Each of the following
groups of employees has the right, as specified in this
subdivision, to separate from the general professional, health
treatment, or general supervisory units provided for in
subdivision 1 2: attorneys, physicians, professional employees
of the higher education coordinating board who are compensated
pursuant to section 43A.18, subdivision 4, state
patrol-supervisors, and criminal apprehension
investigative-supervisors. This right shall be exercised by
petition during the 60-day period commencing 270 days prior to
the termination of a contract covering the units. If one of
these groups of employees exercises the right to separate from
the units they shall have no right to meet and negotiate, but
shall retain the right to meet and confer with the commissioner
of employee relations and with the appropriate appointing
authority on any matter of concern to them. The manner of
exercise of the right to separate shall be as follows: An
employee organization or group of employees claiming that a
majority of any one of these groups of employees on a statewide
basis wish to separate from their units may petition the
director for an election during the petitioning period. If the
petition is supported by a showing of at least 30 percent
support for the petitioner from the employees, the director
shall hold an election to ascertain the wishes of the majority
with respect to the issue of remaining within or severing from
the units provided in subdivision 1 2. This election shall be
conducted within 30 days of the close of the petition period.
If a majority of votes cast endorse severance from the unit in
favor of separate meet and confer status for any one of these
groups of employees, the director shall certify that result.
This election shall, where not inconsistent with other
provisions of this section, be governed by section 179A.16. If
a group of employees elects to sever they may rejoin that unit
by following the same procedures specified above for severance,
but may only do so during the periods provided for severance.
Sec. 27. Minnesota Statutes 1985 Supplement, section
248.07, subdivision 7, is amended to read:
Subd. 7. [BLIND, VENDING STANDS AND MACHINES ON
GOVERNMENTAL PROPERTY.] Notwithstanding any other law, for the
rehabilitation of blind persons the commissioner shall have
exclusive authority to establish and to operate vending stands
and vending machines in all buildings and properties owned or
rented exclusively by any department of the state of Minnesota
except the department of natural resources properties operated
directly by the Division of State Parks and not subject to
private leasing. The merchandise to be dispensed by such
vending stands and machines may include soft drinks, (except 3.2
beer), milk, food, candies, tobacco, souvenirs, notions and
related items. Such vending stands and vending machines herein
authorized shall be operated on the same basis as other vending
stands for the blind established and supervised by the
commissioner of human services. The commissioner may waive this
authority to displace any present private individual
concessionaire in any state-owned or rented building or
property. With the consent of the governing body of a
governmental subdivision of the state, the commissioner may
establish and supervise vending stands and vending machines for
the blind in any building or property exclusively owned or
rented by the governmental subdivision.
Sec. 28. Minnesota Statutes 1985 Supplement, section
256B.091, subdivision 4, is amended to read:
Subd. 4. [SCREENING OF PERSONS.] Prior to nursing home or
boarding care home admission, screening teams shall assess the
needs of all applicants, except (1) patients transferred from
other nursing homes; (2) patients who, having entered acute care
facilities from nursing homes, are returning to nursing home
care; (3) persons entering a facility described in section
256B.431, subdivision 4, paragraph (b) (c); or (4) persons
entering a facility conducted by and for the adherents of a
recognized church or religious denomination for the purpose of
providing care and services for those who depend upon spiritual
means, through prayer alone, for healing. The cost for
screening persons who are receiving medical assistance or who
would be eligible for medical assistance within 180 days of
nursing home or boarding care home admission, must be paid by
state, federal, and county money. Other persons shall be
assessed by a screening team upon payment of a fee approved by
the commissioner.
Sec. 29. Minnesota Statutes 1985 Supplement, section
256D.37, subdivision 1, is amended to read:
Subdivision 1. (a) For all individuals who apply to the
appropriate local agency for supplemental aid, the local agency
shall determine whether the individual meets the eligibility
criteria prescribed in subdivision 2. For each individual who
meets the relevant eligibility criteria prescribed in
subdivision 2, the local agency shall certify to the
commissioner the amount of supplemental aid to which the
individual is entitled in accordance with all of the standards
in effect December 31, 1973, for the appropriate categorical aid
program.
(b) When a recipient is a resident of a state hospital or a
dwelling with a negotiated rate, the recipient is not eligible
for a shelter standard, a basic needs standard, or for special
needs payments. The state standard of assistance for those
recipients is the clothing and personal needs allowance for
medical assistance recipients under section 256B.35. Minnesota
supplemental aid may be paid to negotiated rate facilities at
the rates in effect on March 1, 1985, for services provided
under the supplemental aid program to residents of the facility,
up to the maximum negotiated rate specified in this section.
The rate for room and board or for a licensed facility must not
exceed $800. The maximum negotiated rate does not apply to a
facility that, on August 1, 1984, was licensed by the
commissioner of health only as a boarding care home, certified
by the commissioner of health as an intermediate care facility,
and licensed by the commissioner of human services under
Minnesota Rules, parts 9520.0500 to 9520.0690. The following
facilities are exempt from the limit on negotiated rates and
must be reimbursed for documented actual costs, until June 30,
1987:
(1) a facility that only provides services to persons with
mental retardation; and
(2) a facility not certified to participate in the medical
assistance program that is licensed as a boarding care facility
as of March 1, 1985, and only provides care to persons aged 65
or older. Beginning July 1, 1987, these facilities are subject
to applicable supplemental aid limits, and mental retardation
facilities must meet all applicable licensing and reimbursement
requirements for programs for persons with mental retardation.
The negotiated rates may be paid for persons who are placed by
the local agency or who elect to reside in a room and board
facility or a licensed facility for the purpose of receiving
physical, mental health, or rehabilitative care, provided the
local agency agrees that this care is needed by the person.
When Minnesota supplemental aid is used to pay a negotiated
rate, the rate payable to the facility must not exceed the rate
paid by an individual not receiving Minnesota supplemental aid.
To receive payment for a negotiated rate, the dwelling must
comply with applicable laws and rules establishing standards
necessary for health, safety, and licensure. The negotiated
rate must be adjusted by the annual percentage change in the
urban consumer price index (CPI-U) for Minneapolis-St. Paul as
published by the Bureau of Labor Statistics between the previous
two Octobers, new series index (1967-100). In computing the
amount of supplemental aid under this section, the local agency
shall deduct from the gross amount of the individual's
determined needs all income, subject to the criteria for income
disregards in effect December 31, 1973, for the appropriate
categorical aid program, except that the earned income disregard
for disabled persons who are not residents of long-term care
facilities shall be the same as the earned income disregard
available to disabled persons in the supplemental security
income program and all actual work expenses shall be deducted
when determining the amount of income for the individual. From
and after the first of the month in which an effective
application is filed, the state and the county shall share
responsibility for the payment of the supplemental aid to which
the individual is entitled under this section as provided in
section 256D.36.
Sec. 30. Minnesota Statutes 1985 Supplement, section
256F.05, subdivision 4, is amended to read:
Subd. 4. [PAYMENTS.] The commissioner shall make grant
payments to each county whose biennial community social services
plan includes a permanency plan under section 256B.503 256F.04,
subdivision 2. The payment must be made in four installments
per year. The commissioner may certify the payments for the
first three months of a calendar year. Subsequent payments must
be made on April 1, July 1, and October 1, of each calendar year.
Sec. 31. Minnesota Statutes 1985 Supplement, section
256F.06, subdivision 1, is amended to read:
Subdivision 1. [RESPONSIBILITIES.] A county board may,
alone or in combination with other county boards, apply for a
permanency planning grant as provided in section 256B.503
256F.04, subdivision 2. Upon approval of the permanency
planning grant, the county board may contract for or directly
provide placement prevention and family reunification services.
Sec. 32. Minnesota Statutes 1984, section 260.245, is
amended to read:
260.245 [CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.]
Upon its own motion or upon petition of an interested
party, the juvenile court having jurisdiction of the child may,
after notice to the parties and a hearing, remove the guardian
appointed by the juvenile court and appoint a new guardian in
accordance with the provisions of section 260.241, subdivision
1(a), (b), or (c) 260.242, subdivision 1, clause (a), (b), or
(c). Upon a showing that the child is emancipated, the court
may discharge the guardianship. Any child 14 years of age or
older who is not adopted but who is placed in a satisfactory
foster home, may, with the consent of the foster parents, join
with the guardian appointed by the juvenile court in a petition
to the court having jurisdiction of the child to discharge the
existing guardian and appoint the foster parents as guardians of
the child. The authority of a guardian appointed by the
juvenile court terminates when the individual under guardianship
is no longer a minor or when guardianship is otherwise
discharged.
Sec. 33. Minnesota Statutes 1985 Supplement, section
273.124, subdivision 5, is amended to read:
Subd. 5. [CONTINUING CARE FACILITIES.] When a building
containing several dwelling units is owned by an entity which is
regulated under the provisions of chapter 80D and operating as a
continuing care facility enters into residency agreements with
persons who occupy a unit in the building and the residency
agreement entitles the resident to occupancy in the building
after personal assets are exhausted and regardless of ability to
pay the monthly maintenance fee, homestead classification shall
be given to each unit so occupied and the entire building shall
be assessed in the manner provided in subdivision 1 3 for
cooperatives and charitable corporations.
Sec. 34. Minnesota Statutes 1985 Supplement, section
297C.03, subdivision 1, is amended to read:
Subdivision 1. [MANNER AND TIME OF PAYMENT; PENALTIES;
DEPOSIT OF TAX PROCEEDS.] The tax on wines and distilled spirits
on which the excise tax has not been previously paid must be
paid to the commissioner by persons having on file with the
commissioner a sufficient bond as provided in subdivision 2 4 on
or before the tenth day of the month following the month in
which the first sale is made in this state by a licensed
manufacturer or wholesaler. Every person liable for the tax on
wines or distilled spirits imposed by section 297C.02 must file
with the commissioner on or before the tenth day of the month
following first sale in this state by a licensed manufacturer or
wholesaler a return in the form prescribed by rule of the
commissioner, and must keep records and render reports required
by rule of the commissioner. A person liable for any tax on
wines or distilled spirits not having on file a sufficient bond
must pay the tax within 24 hours after first sale in this
state. The commissioner may certify to the commissioner of
public safety any failure to pay taxes when due as a violation
of a statute relating to the sale of intoxicating liquor for
possible revocation or suspension of license.
If a person fails to pay the tax within the time specified
or within 30 days after final determination of an appeal to the
Minnesota tax court relating thereto, there is added a penalty
equal to ten percent of the remaining unpaid amount. The
penalty must be collected as part of the tax. The amount of tax
not timely paid, together with the penalty, must bear interest
at the rate specified in section 270.75 from the time the tax
should have been paid until it is paid.
Sec. 35. Minnesota Statutes 1985 Supplement, section
298.02, subdivision 1, is amended to read:
Subdivision 1. [CREDIT.] For the purpose of increasing
employment and the utilization of low-grade, underground, and
high labor cost ores any taxpayer on whom a tax is imposed by
reason of the provisions of section 298.01, subdivisions
subdivision 1 and 2, shall be allowed a credit against the
occupation tax as computed in that section because of the mining
or production of ore from any mine, in an amount calculated as
follows:
In the case of all mines, ten percent of that part of the
cost of labor employed by the mine or in the beneficiation of
all ore mined or produced in the calendar year in excess of 70
cents and not in excess of 90 cents per ton of the merchantable
ore produced during the year at that mine, and 15 percent of
that part of the cost of such labor in excess of 90 cents per
ton; provided, however, that in no event shall the credit
allowed hereunder be in excess of three-fourths of 11 percent of
the valuation of the ore used in computing the tax under the
provisions of section 298.01. The term "merchantable ore
produced" as used herein means ores which as mined or as mined
and beneficiated, are ready for shipment as a merchantable
product.
Sec. 36. Minnesota Statutes 1984, section 327C.07,
subdivision 3a, is amended to read:
Subd. 3a. [SAFETY FEATURE DISCLOSURE FORM.] A resident or
a resident's agent shall disclose information about safety
features of the home to the prospective buyer. The information
must be given to the buyer before the sale, in writing, in the
following form:
MANUFACTURED (MOBILE) HOME SAFETY FEATURE DISCLOSURE FORM
This form is required by law to be filled out and given to
the prospective buyer of any used manufactured home by all
private parties, dealers, and brokers.
EXITS AND EGRESS WINDOWS
This home has at least one egress window in each bedroom,
or a window in each bedroom that meets the specifications of the
American National Standard Institute 1972 Standard A119.1
covering manufactured homes made in Minnesota. This standard
requires that the window be at least 22 inches in least
dimension, and at least five square feet in area, and that the
window be not more than four feet off the floor. Egress windows
installed in compliance with the U.S. Department of Housing and
Urban Development Manufactured Home Standards or the State
Building Code are deemed to meet the requirements of this
section.
Yes ..... No .....
This home has ...... (number) of exits. They are located
................................... .
SMOKE DETECTORS AND FIRE EXTINGUISHERS
This home is equipped with fire extinguishers as required
by the Minnesota state health department.
Yes ..... No .....
They are located ......................................
.......................................................
This home is equipped with at least one listed automatic
smoke detector outside each sleeping area as required in homes
built in accordance with the state building code.
Yes ..... No .....
ALUMINUM ELECTRICAL WIRING
This home has aluminum electrical wiring.
Yes ..... No .....
Aluminum electrical wiring can present a fire hazard in
homes. The special hazards presented by aluminum electrical
wiring can be eliminated by certain repairs, as recommended by
the U.S. Consumer Product Safety Commission.
A. The wiring connections to the outlets in this home have
been crimped, and the connection point is now copper.
Yes ..... No .....
B. This home has electrical outlets and switches
compatible with aluminum electrical wiring.
Yes ..... No .....
C. Other action has been taken to eliminate or reduce the
danger caused by aluminum electrical wiring in this home.
(Describe)
..........................................................
.......................................................... (The
buyer may check the effectiveness of these methods by contacting
the U.S. Consumer Product Safety Commission.)
FURNACE AND WATER HEATER
The furnace compartment in this home is lined with gypsum
board, as specified in the 1976 U.S. Department of Housing and
Urban Development codes governing manufactured housing
construction.
Yes ..... No .....
The water heater enclosure in this home is lined with
gypsum board, as specified in the 1976 U.S. Department of
Housing and Urban Development codes governing manufactured
housing construction.
Yes ..... No .....
SOLID FUEL BURNING STOVE AND FIREPLACE
This home contains a solid fuel burning stove. This stove
was installed by the manufacturer of the home after June 15,
1976, and was inspected for compliance with the U.S. Department
of Housing and Urban Development Manufactured Home Standards.
Yes ..... No .....
This home contains a solid fuel burning stove. This stove
unit is approved for installation in manufactured homes. It was
installed by ......................... in accordance with the
manufacturer's guidelines. A building permit for this stove was
issued by the city of ...................., and this stove
installation has been approved by the building official.
Yes ..... No .....
This home contains a solid fuel burning fireplace. The
fireplace was installed by the manufacturer of the home after
June 15, 1976, and was inspected for compliance with the U.S.
Department of Housing and Urban Development Manufactured Home
Standards.
Yes...... No......
This home contains a solid fuel burning fireplace. This
fireplace unit is approved for installation in manufactured
homes. It was installed by ......................... in
accordance with the manufacturer's guidelines. A building
permit for this fireplace was issued by the city of
...................., and this fireplace installation has been
approved by the building official.
Yes...... No......
SUPPORT SYSTEM
This home is supported by a support system, as required by
state code since September 1, 1974.
Yes...... No......
RECOMMENDATIONS TO PROSPECTIVE BUYERS: HEAT TAPE
It is also recommended that the buyer check the home's heat
tape. Old and worn heat tape, and improper installation of heat
tape, can cause a fire hazard.
FURNACE AND WATER HEATER
It is recommended that the buyer have a qualified utility
representative check the furnace and water heater to see that
they are both in good working order. If this home was converted
from oil to natural gas heat, there could be safety problems if
the conversion was not done correctly. A utility representative
or building official can inspect the condition and installation
of this equipment. They may charge a reasonable fee to do so.
It is also recommended that the buyer check the floor area
around the water heater and furnace compartments. A weakened
floor can create a fire hazard.
ENERGY AUDIT
It is also recommended that the buyer have a utility
approved energy audit of the home.
COMPLIANCE WITH SAFETY FEATURES
If you purchase the home, you will be required to install
egress windows and smoke detectors and fire extinguishers within
one year 30 days. You will be required to comply with all of
the safety features contained in this form within three years.
I, .........................., the undersigned, hereby
declare that the above information is true and correct to the
best of my knowledge.
..........................
Signature
..........................
Date"
A park owner shall provide a resident or a resident's agent
with a copy of the safety feature disclosure form upon request.
Sec. 37. Minnesota Statutes 1985 Supplement, section
340A.404, subdivision 5, is amended to read:
Subd. 5. [WINE LICENSES.] A municipality may issue an
on-sale wine license with the approval of the commissioner to a
restaurant having facilities for seating at least 25 guests at
one time. A wine license permits the sale of wine of up to 14
percent alcohol by volume for consumption with the sale of
food. A wine license authorizes the sale of wine on all days of
the week unless the issuing authority restricts the license's
authorization to the sale of wine on all days except Sundays.
Sec. 38. Minnesota Statutes 1985 Supplement, section
340A.409, subdivision 1, is amended to read:
Subdivision 1. [INSURANCE REQUIRED.] No retail license may
be issued, maintained or renewed unless the applicant
demonstrates proof of financial responsibility with regard to
liability imposed by section 340A.801. The issuing authority
must submit to the commissioner the applicant's proof of
financial responsibility. This subdivision does not prohibit a
local unit of government from requiring higher insurance or bond
coverages, or a larger deposit of cash or securities. The
minimum requirement for proof of financial responsibility may be
given by filing:
(1) a certificate that there is in effect for the license
period an insurance policy or pool providing at least $50,000 of
coverage because of bodily injury to any one person in any one
occurrence, $100,000 because of bodily injury to two or more
persons in any one occurrence, $10,000 because of injury to or
destruction of property of others in any one occurrence, $50,000
for loss of means of support of any one person in any one
occurrence, and $100,000 for loss of means of support of two or
more persons in any one occurrence. An annual aggregate policy
limit for dramshop liability of not less than $300,000 per
policy year may be included in the policy provisions;
(2) a bond of a surety company with minimum coverages as
provided in clause (1); or
(3) a certificate of the state treasurer that the licensee
has deposited with the state treasurer $100,000 in cash or
securities which may legally be purchased by savings banks or
for trust funds having a market value of $100,000;.
(4) This subdivision does not prohibit an insurer from
providing the coverage required by this subdivision in
combination with other insurance coverage.
An annual aggregate policy limit for dram shop insurance of
not less than $300,000 per policy year may be included in the
policy provisions.
A liability insurance policy required by this section must
provide that it may not be canceled for any cause by either the
insured or the insuror unless the canceling party has first
given ten days' notice in writing to the issuing authority of
intent to cancel the policy.
Sec. 39. Minnesota Statutes 1985 Supplement, section
340A.410, is amended by adding a subdivision to read:
Subd. 8. [COPY OF SUMMONS.] Every application for the
issuance or renewal of intoxicating or nonintoxicating liquor
licenses must include a copy of each summons received by the
applicant under section 340A.802 during the preceding year.
Sec. 40. Minnesota Statutes 1985 Supplement, section
340A.412, subdivision 1, is amended to read:
Subdivision 1. [BOND REQUIRED.] A local unit of government
shall not grant a retail license to sell intoxicating liquor
until the applicant has filed a bond with corporate surety, or
cash, or United States government bonds in the amount of not
less than $3,000 nor more than $5,000 for on-sale licenses, and
not less than $1,000 nor more than $3,000 for off-sale
licenses. A common carrier who applies for a license to sell
intoxicating liquor under section 340A.407, must file with the
commissioner a bond with corporate surety, or cash, or
government bonds in the sum of $1,000. A bond filed under this
subdivision must be conditional on the licensee obeying all laws
governing the business and paying all taxes, fees, penalties,
and other charges, and must provide that the bond is forfeited
to the unit of government issuing the license on a violation of
law. The commissioner must approve all bonds filed by
applicants for an off-sale license.
Every application for the issuance or renewal of a license
for the sale of intoxicating or nonintoxicating liquor must
include a copy of each summons received by the applicant under
section 340A.802 during the preceding year.
Sec. 41. Minnesota Statutes 1985 Supplement, section
340A.412, subdivision 9, is amended to read:
Subd. 9. [LICENSE TRANSFER.] A license may be transferred
with the consent of the issuing authority, provided that a
license is issued to a location at a racetrack licensed under
chapter 240 may not be transferred. Where a license is held by
a corporation, a change in ownership of ten percent or more of
the stock of the corporation must be reported in writing to the
authority who issued the license within ten days of the transfer.
Sec. 42. Minnesota Statutes 1985 Supplement, section
340A.415, is amended to read:
340A.415 [LICENSE REVOCATION OR SUSPENSION.]
The authority issuing or approving any retail license or
permit under this chapter shall either suspend for up to 60 days
or revoke the license or permit or impose a civil fine not to
exceed $2,000 for each violation on a finding that the license
or permit holder has failed to comply with an applicable
statute, regulation, or ordinance relating to alcoholic
beverages. No suspension or revocation takes effect until the
license or permit holder has been afforded an opportunity for a
hearing under chapter 14 sections 14.57 to 14.70 of the
administrative procedure act.
Sec. 43. [340A.510] [WINE SAMPLES.]
Off-sale licenses and municipal liquor stores may provide
samples of wine, liqueurs, and cordials which the licensee or
municipal liquor store currently has in stock and is offering
for sale to the general public without obtaining an additional
license, provided the wine, liqueur, and cordial samples are
dispensed at no charge and consumed on the licensed premises
during the permitted hours of off-sale in a quantity less than
50 milliliters of wine per variety per customer and 25
milliliters of liqueur or cordial per variety per customer.
Sec. 44. Minnesota Statutes 1985 Supplement, section
340A.802, subdivision 1, is amended to read:
Subdivision 1. [NOTICE OF INJURY.] A person who claims
damages and a person or insurer who claims contribution or
indemnity from a licensed retailer of alcoholic beverages or
municipal liquor store for or because of an injury within the
scope of section 340A.801 must give a written notice to the
licensee or municipality stating:
(1) the time and date when and person to whom the liquor
was alcoholic beverages were sold or bartered;
(2) the name and address of the person or persons who were
injured or whose property was damaged; and
(3) the approximate time and date, and the place where the
injury to person or property occurred.
A licensee or municipality who claims contribution or
indemnification from another licensee or municipality must give
a written notice to the other licensee or municipality in the
form and manner specified in this section.
An error or omission in the notice does not void the
notice's effect if the notice is otherwise valid unless the
error or omission is of a substantially material nature.
Sec. 45. Minnesota Statutes 1985 Supplement, section
340A.702, is amended to read:
340A.702 [GROSS MISDEMEANORS.]
It is a gross misdemeanor:
(1) to sell an alcoholic beverage without a license
authorizing the sale;
(2) for a licensee to refuse or neglect to obey a lawful
direction or order of the commissioner or the commissioner's
agent, withhold information or a document the commissioner calls
for examination, obstruct or mislead the commissioner in the
execution of the commissioner's duties or swear falsely under
oath;
(3) to violate the provisions of sections 340A.301 to
340A.313;
(4) to violate the provisions of section 340A.508;
(5) for any person, partnership, or corporation to
knowingly have or possess direct or indirect interest in more
than one off-sale intoxicating liquor license in a municipality
in violation of section 340A.412, subdivision 2 3;
(6) to sell or otherwise dispose of intoxicating liquor
within 1,000 feet of a state hospital, training school,
reformatory, prison, or other institution under the supervision
and control, in whole or in part, of the commissioner of human
services or the commissioner of corrections;
(7) to violate the provisions of section 340A.502;
(8) to violate the provisions of section 340A.503,
subdivision 2, clause (1) or (3);
(9) to withhold any information, book, paper, or other
thing called for by the commissioner for the purpose of an
examination;
(10) to obstruct or mislead the commissioner in the
execution of the commissioner's duties; or
(11) to swear falsely concerning any matter stated under
oath.
Sec. 46. Minnesota Statutes 1985 Supplement, section
356.216, is amended to read:
356.216 [CONTENTS OF ACTUARIAL VALUATIONS FOR LOCAL POLICE
AND FIRE FUNDS.]
The provisions of section 356.215, governing the contents
of actuarial valuations and experience studies shall apply to
any local police or fire pension fund or relief association
required to make an actuarial report under this section except
as follows:
(1) in calculating normal cost and other requirements
expressed as a level percentage of covered payroll, the salaries
used in computing covered payroll shall be the maximum rate of
salary from which retirement and survivorship credits and
amounts of benefits are determined and from which member
contributions are calculated and deducted;
(2) in lieu of the amortization date specified in section
356.215, subdivision 4, clause (7) 4g, the appropriate
amortization target date specified in section 69.77, subdivision
2, clause (2), or 69.773, subdivision 4, clause (b), shall be
used in calculating the required amortization contribution;
(3) in addition to the tabulation of active members and
annuitants provided for in section 356.215, subdivision 4,
clause (10) 4i, the member contributions for active members for
the calendar year and the prospective annual retirement
annuities under the benefit plan for active members shall be
reported;
(4) actuarial valuations required pursuant to section
69.773, subdivision 2 shall be made at least every four years
and actuarial valuations required pursuant to section 69.77
shall be made annually; and
(5) the actuarial balance sheet showing accrued assets,
accrued liabilities, and the deficit from full funding of
liabilities (unfunded accrued liability) shall include the
following required reserves:
(a) For active members
1. Retirement benefits
2. Disability benefits
3. Refund liability due to death or withdrawal
4. Survivors' benefits
(b) For deferred annuitants' benefits
(c) For former members without vested rights
(d) For annuitants
1. Retirement annuities
2. Disability annuities
3. Surviving spouses' annuities
4. Surviving children's annuities
In addition to the above required reserves, separate items
shall be shown for additional benefits, if any, which may not be
appropriately included in the reserves listed above.
Sec. 47. Minnesota Statutes 1985 Supplement, section
358.44, is amended to read:
358.44 [NOTARIAL ACTS IN OTHER JURISDICTIONS OF THE UNITED
STATES.]
(a) A notarial act has the same effect under the law of
this state as if performed by a notarial officer of this state,
if performed in another state, commonwealth, territory,
district, or possession of the United States by any of the
following persons:
(1) a notary public of that jurisdiction;
(2) a judge, clerk, or deputy clerk of a court of that
jurisdiction; or
(3) any other person authorized by the law of that
jurisdiction to perform notarial acts.
(b) Notarial acts performed in other jurisdictions of the
United States under federal authority as provided in this
section 358.45 have the same effect as if performed by a
notarial officer of this state.
(c) The signature and title of a person performing a
notarial act are prima facie evidence that the signature is
genuine and that the person holds the designated title.
(d) The signature and indicated title of an officer listed
in subsection (a)(1) or (a)(2) conclusively establish the
authority of a holder of that title to perform a notarial act.
Sec. 48. Minnesota Statutes 1984, section 383A.23,
subdivisions 2, 3, and 4, are repealed.
Sec. 49. Minnesota Statutes 1984, section 383A.23,
subdivision 5, is amended to read:
Subd. 5. [FUTURE REDISTRICTING.] Beginning with the 1980
federal census, The redistricting of Ramsey county is governed
by Minnesota Statutes, section 375.025.
Sec. 50. Minnesota Statutes 1984, section 385.24, is
amended to read:
385.24 [REFUSAL TO EXECUTE PROCESS.]
If any sheriff or other officer to whom an execution
against a delinquent treasurer and his sureties is delivered
neglects or refuses to execute the same, or neglects or refuses
to pay over any money collected thereon, as required in section
385.23, he and his sureties shall be liable to the same
penalties and proceeded against in the same manner as provided
by law in the case of delinquent treasurers.
Sec. 51. Minnesota Statutes 1984, section 403.12,
subdivisions 2 and 3, are repealed.
Sec. 52. Minnesota Statutes 1984, section 403.12,
subdivision 1, is amended to read:
Subdivision 1. By January 1 of each year, the department
of administration shall report to the legislature the progress
that has been made in the implementation of sections 403.01 to
403.12. There is also created a commission to study and
consider alternates for continuing financing of the statewide
911 telephone emergency system.
Sec. 53. Minnesota Statutes 1984, section 414.061,
subdivision 4, is amended to read:
Subd. 4. [BOARD INITIATION.] The board may initiate
proceedings for the concurrent detachment and annexation of
portions of one municipality completely surrounded by another
municipality, on its own motion or upon the petition of all of
the owners of property in the completely surrounded area. In
such cases the board shall conduct hearings and issue its order
as in the case of consolidations of two or more municipalities
under sections 414.041, subdivisions 3 and subdivision 5, and
414.09.
Sec. 54. Minnesota Statutes 1984, section 414.061,
subdivision 4a, is amended to read:
Subd. 4a. [PROPERTY NOT JOINING MAJOR PORTION OF
MUNICIPALITY.] Upon the petition of all of the owners of
property of a portion of a municipality which at no point joins
the major portion of the municipality but which at some point
joins another municipality the board may initiate proceedings
for the concurrent detachment and annexation of said portion.
In such cases the board shall conduct hearings and issue its
order as in the case of consolidations of two or more
municipalities under sections 414.041, subdivisions 3 and
subdivision 5, and 414.09.
Sec. 55. Minnesota Statutes 1985 Supplement, section
414.061, subdivision 5, is amended to read:
Subd. 5. [PROPERTY OWNER INITIATION.] Property owners may
initiate proceedings for the concurrent detachment of their
property from one municipality and its annexation to an adjacent
municipality by a petition signed by all of them. The board
shall conduct hearings and issue its order as in the case of
consolidations of two or more municipalities under sections
414.041, subdivisions 3 and subdivision 5 and 414.09.
Sec. 56. Minnesota Statutes 1985 Supplement, section
458.16, subdivision 6, is amended to read:
Subd. 6. Upon delegation by a municipality as provided in
section 472B.08 472B.06, a port authority may exercise any of
the delegated powers in connection with mined underground space
development pursuant to sections 472B.03 to 472B.07.
Sec. 57. In Minnesota Statutes, chapter 462, the revisor
shall change all references to "sections 462.381 to 462.396" to
"sections 462.381 to 462.398."
Sec. 58. Minnesota Statutes 1984, section 462A.21,
subdivision 8a, is amended to read:
Subd. 8a. It may establish a multifamily development
assistance fund, on terms and conditions it deems advisable, to
be used in connection with the financing of multifamily
developments (a) to make loans, with or without interest,
pursuant to section 462A.05, subdivisions 1 2 and 3, or (b) to
make payments into accounts of the agency for the purpose of
making payments required by a resolution for the issuance of its
notes or bonds, as permitted by section 462A.10, subdivision 4.
Sec. 59. Minnesota Statutes 1985 Supplement, section
473.831, subdivision 1, is amended to read:
Subdivision 1. [GENERAL OBLIGATION BONDS.] The council may
by resolution authorize the issuance of general obligation bonds
of the council to provide funds for the purposes specified in
subdivision 2 and for refunding obligations issued under this
section. The bonds shall be sold, issued, and secured in the
manner provided in chapter 475 for general obligation bonds, and
the council shall have the same power and duties as a
municipality and its governing body in issuing bonds under
chapter 475, except as otherwise provided in this chapter. No
election shall be required, and the net debt limitations in
chapter 475 shall not apply. The council shall have the power
to levy ad valorem taxes for debt service of the council's solid
waste bonds upon all taxable property within the metropolitan
area, without limitation of rate or amount and without affecting
the amount or rate of taxes which may be levied by the council
for other purposes or by any local government unit in the area.
Each of the county auditors shall annually assess and extend
upon the tax rolls in his county the portion of the taxes levied
by the council in each year which is certified to him by the
council. The principal amount of bonds issued pursuant to this
section shall not exceed $15,000,000.
Sec. 60. Minnesota Statutes 1985 Supplement, section
527.41, is amended to read:
527.41 [APPLICABILITY.]
Sections 527.21 to 527.40 apply to a transfer within the
scope of section 527.22 made after January 1, 1986, if:
(1) the transfer purports to have been made under Minnesota
Statutes 1984, sections 527.01 to 527.11; or
(2) the instrument by which the transfer purports to have
been made uses in substance the designation "as custodian under
the uniform gifts to minors act" or "as custodian under the
uniform transfers to minors act" of any other state, and the
application of sections 527.21 to 527.40 is necessary to
validate the transfer.
Sec. 61. Minnesota Statutes 1985 Supplement, section
527.42, is amended to read:
527.42 [EFFECT ON EXISTING CUSTODIANSHIPS.]
(a) Any transfer of custodial property as now defined in
sections 527.21 to 527.40 made before January 1, 1986, is
validated notwithstanding that there was no specific authority
in Minnesota Statutes 1984, sections 527.01 to 527.11 for the
coverage of custodial property of that kind or for a transfer
from that source at the time the transfer was made.
(b) Sections 527.21 to 527.40 apply to all transfers made
before January 1, 1986, in a manner and form prescribed in
Minnesota Statutes 1984, sections 527.01 to 527.11, except
insofar as the application impairs constitutionally vested
rights or extends the duration of custodianships in existence
before January 1, 1986.
(c) Sections 527.21 and 527.40 with respect to the age of a
minor for whom custodial property is held under those sections
do not apply to custodial property held in a custodianship that
terminated because of the minor's attainment of the age of 18
after May 31, 1973, and before January 1, 1986.
Sec. 62. Minnesota Statutes 1985 Supplement, section
527.43, is amended to read:
527.43 [SAVINGS PROVISION.]
To the extent that sections 527.21 to 527.40, by virtue of
section 527.42, paragraph (b), do not apply to transfers made in
a manner prescribed in Minnesota Statutes 1984, sections 527.01
to 527.11 or to the powers, duties, and immunities conferred by
transfers in that manner upon custodians and persons dealing
with custodians, the repeal of Minnesota Statutes 1984, sections
527.01 to 527.11 does not affect those transfers or those
powers, duties, and immunities.
Sec. 63. Minnesota Statutes 1985 Supplement, section
528.15, is amended to read:
528.15 [FORMS.]
Subdivision 1. [SURVIVORSHIP ACCOUNT.] Deposits made using
a form of account containing the following language signed by
the depositor shall be conclusive evidence of the intent of the
depositor, in the absence of fraud or misrepresentation,
subject, nevertheless, to other disposition made by will as
provided in section 528.05, clause (d), to establish a
survivorship account:
(a) "I (we) direct that the balance remaining in this
account shall be PAYABLE ON DEATH (of the survivor of us) to:
........................ ........................
........................ ........................
Signed: .................................
.................................
Dated: .............."
(b) "I (we) intend and agree that the balance in this
account, upon the death of any party to this account, shall
belong to the surviving party, or if there are two or more
surviving parties, they shall take as JOINT TENANTS.
Signed: .................................
.................................
Dated: .............."
Subd. 2. [ACCOUNT SUBJECT TO POWER OF ATTORNEY WITH NO
SURVIVORSHIP RIGHTS.] Where no rights of survivorship are
intended and the account is one to be established for
convenience only between a depositor and an agent, the following
language is recommended for use, and when so used, the account
shall be construed as a matter of law to be an account subject
to a power of attorney with no survivorship rights, the form to
read as follows:
"I .................... (grantor of power), hereby
constitute and appoint .................... (grantee of power),
as my attorney in fact, to deposit or withdraw funds held in
.................... (name of bank), in account No. ............
Signed: ...............................
Dated:
Acknowledgment: In the presence of .......................
(an authorized person), ....................... (name of
financial institution)."
The power so granted is subject to the provisions of Laws
1984, chapter 603 sections 508.72, 508A.72, and 523.01 to 523.25.
Sec. 64. Minnesota Statutes 1984, section 571.495,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF DISCLOSURE.] Such disclosure shall
state:
(1) The amount of disposable earnings earned or to be
earned within the judgment debtor's pay periods which may be
subject to garnishment and all of the garnishee's indebtedness
to the judgment debtor.
(2) Whether the judgment creditor garnishee held at the
time aforesaid the title or possession of or any interest in any
personal property or any instruments or papers relating to any
such property belonging to the judgment debtor or in which he is
interested. If he admits any such interest or any doubt
respecting the same, he shall set forth a description of such
property and the facts concerning the same, and the title,
interest or claim of the judgment debtor in or to the same.
(3) If the garnishee claims any set-off or defense or claim
or lien to such disposable earnings, indebtedness or property,
he shall disclose the amount and the facts.
(4) Whether the judgment debtor claims any exemption from
execution, or any other objection, known to the garnishee or the
judgment debtor, against the right of the judgment creditor to
apply upon his demand the debt or property disclosed.
(5) If other persons make claims to any disposable
earnings, debt or property of the judgment debtor, the garnishee
shall disclose the names and addresses of such other claimants
and, so far as known, the nature of their claims.
Sec. 65. Minnesota Statutes 1984, section 590.01,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] Except at a time when direct
appellate relief is available, a person convicted of a crime,
who claims that the conviction was obtained, or that the
sentence or other disposition made violated his rights under the
constitution or laws of the United States or of the state, may
commence a proceeding to secure relief by filing a petition in
the district court in the county in which the conviction was had
to vacate and set aside the judgment and to discharge the
petitioner or to resentence him or grant a new trial or correct
the sentence or make other disposition as may be appropriate.
Nothing contained herein shall prevent the supreme court or the
court of appeals, upon application by a party, from granting a
stay of a case on appeal for the purpose of allowing an
appellant to apply to the district court for an evidentiary
hearing under the provisions of this chapter. The proceeding
shall conform with sections 590.01 to 590.06.
Sec. 66. Minnesota Statutes 1984, section 253B.02,
subdivision 4a, is amended to read:
Subd. 4a. [CRIME AGAINST THE PERSON.] "Crime against the
person" means a violation of or attempt to violate any of the
following provisions: sections 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223;
609.224; 609.23; 609.231; 609.235; 609.24; 609.245; 609.25;
609.255; 609.265; 609.27, subdivision 1, clause (1) or (2);
609.28 if violence or threats of violence were used; 609.322,
subdivision 1, clause (2); 609.342; 609.343; 609.344; 609.345;
609.3641; 609.3642; 609.3643; 609.3644; 609.365; 609.498,
subdivision 1; 609.50, clause (1); 609.561; 609.562; and 609.595.
Sec. 67. Minnesota Statutes 1984, section 260.015,
subdivision 24, is amended to read:
Subd. 24. [DOMESTIC CHILD ABUSE.] "Domestic child abuse"
means:
(1) any physical injury to a minor family or household
member inflicted by an adult family or household member other
than by accidental means; or
(2) subjection of a minor family or household member by an
adult family or household member to any act which constitutes a
violation of sections 609.321 to 609.324, 609.342, 609.343,
609.344, 609.345, 609.364 to 609.3644, or 617.246.
Sec. 68. Minnesota Statutes 1984, section 494.03, is
amended to read:
494.03 [EXCLUSIONS.]
The guidelines shall exclude:
(1) any dispute involving violence against persons,
including incidents arising out of situations that would support
charges under sections 609.342 to 609.345, 609.3641 to 609.3644,
or 609.365;
(2) any matter involving a person who has been adjudicated
incompetent or relating to guardianship, conservatorship, or
civil commitment;
(3) any matter involving neglect or dependency, or
involving termination of parental rights arising under sections
260.221 to 260.245; and
(4) any matter arising under section 626.557 or sections
144.651 to 144.652, or any dispute subject to chapters 518,
518A, 518B, and 518C, whether or not an action is pending. This
shall not restrict the present authority of the court or
departments of the court from accepting for resolution a dispute
arising under chapters 518, 518A, and 518C, or from referring
disputes arising under chapters 518, and 518A to for-profit
mediation.
Sec. 69. Minnesota Statutes 1984, section 518B.01,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given them:
(a) "Domestic abuse" means: (i) physical harm, bodily
injury, assault, or the infliction of fear of imminent physical
harm, bodily injury or assault, between family or household
members; or (ii) criminal sexual conduct, within the meaning of
sections 609.342, 609.343, 609.344, or 609.345, committed
against a minor family or household member by an adult family or
household member; or (iii) intrafamilial sexual abuse, within
the meaning of sections 609.364 to 609.3644, committed against a
minor family or household member by an adult family or household
member;.
(b) "Family or household members" means spouses, former
spouses, parents and children, persons related by blood, and
persons who are presently residing together or who have resided
together in the past, and persons who have a child in common
regardless of whether they have been married or have lived
together at any time.
Sec. 70. Minnesota Statutes 1985 Supplement, section
609.346, subdivision 2, is amended to read:
Subd. 2. [SUBSEQUENT OFFENSE; PENALTY.] If a person is
convicted of a second or subsequent offense under sections
609.342 to 609.345 or sections 609.364 to 609.3644 within 15
years of the prior conviction, the court shall commit the
defendant to the commissioner of corrections for imprisonment
for a term of not less than three years, nor more than the
maximum sentence provided by law for the offense for which
convicted, notwithstanding the provisions of sections 242.19,
243.05, 609.11, 609.12 and 609.135.
Sec. 71. Minnesota Statutes 1984, section 609.346,
subdivision 3, is amended to read:
Subd. 3. [PRIOR CONVICTIONS UNDER SIMILAR STATUTES.] For
the purposes of this section, an offense is considered a second
or subsequent offense if, prior to conviction of the second or
subsequent offense, the actor has been at any time convicted
under sections 609.342 to 609.345 or sections 609.364 to
609.3644 or under any similar statute of the United States, or
this or any other state.
Sec. 72. Minnesota Statutes 1984, section 609.347,
subdivision 3, is amended to read:
Subd. 3. In a prosecution under sections 609.342 to
609.346 or 609.3641 to 609.365, evidence of the complainant's
previous sexual conduct shall not be admitted nor shall any
reference to such conduct be made in the presence of the jury,
except by court order under the procedure provided in
subdivision 4, and only to the extent that the court finds that
any of the following proposed evidence is material to the fact
at issue in the case and that its inflammatory or prejudicial
nature does not outweigh its probative value:
(a) When consent or fabrication by the complainant is the
defense in the case, evidence of such conduct tending to
establish a common scheme or plan of similar sexual conduct
under circumstances similar to the case at issue on the part of
the complainant, relevant and material to the issue of consent
or fabrication. Evidence of such conduct engaged in more than
one year prior to the date of alleged offense is inadmissible;
(b) Evidence of specific instances of sexual activity
showing the source of semen, pregnancy, or disease at the time
of the incident or, in the case of pregnancy, between the time
of the incident and trial;
(c) Evidence of the complainant's past sexual conduct with
the defendant;
(d) For purposes of impeachment, when such evidence is
offered to rebut specific testimony of the complainant.
Sec. 73. Minnesota Statutes 1985 Supplement, section
609.3471, is amended to read:
609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.]
Notwithstanding any provision of law to the contrary, no
data contained in records or reports relating to complaints or
indictments issued pursuant to sections 609.342, clause (a) or
(b); 609.343, clause (a) or (b); 609.344, clause (a) or (b); or
609.345, clause (a) or (b); or 609.3641 to 609.3644, which
specifically identifies the victim shall be accessible to the
public, except by order of the court. Nothing in this section
authorizes denial of access to any other data contained in the
records or reports, including the identity of the defendant.
Sec. 74. Minnesota Statutes 1984, section 609.348, is
amended to read:
609.348 [MEDICAL PURPOSES; EXCLUSION.]
Laws 1975, Chapter 374, and sections 609.364 to 609.3644
Sections 609.341 to 609.351 shall not apply to sexual
penetration or sexual contact when done for a bona fide medical
purpose.
Sec. 75. Minnesota Statutes 1984, section 609.35, is
amended to read:
609.35 [COSTS OF MEDICAL EXAMINATION.]
No costs incurred by a county, city, or private hospital or
other emergency medical facility or by a private physician for
the examination of a complainant of criminal sexual conduct or
intrafamilial sexual abuse, as defined in section 609.364,
subdivision 10, when the examination is performed for the
purpose of gathering evidence for possible prosecution, shall be
charged directly or indirectly to the complainant. The
reasonable costs of the examination shall be paid by the county
in which the alleged offense was committed. Nothing in this
section shall be construed to limit the duties,
responsibilities, or liabilities of any insurer, whether public
or private.
Sec. 76. Minnesota Statutes 1984, section 611A.03,
subdivision 3, is amended to read:
Subd. 3. [APPLICABILITY.] The provisions of this section
apply to crimes which are violations of sections 609.185,
609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223,
609.224, 609.24, 609.245, 609.25, 609.255, 609.342, 609.343,
609.344, 609.345, 609.3641, 609.3642, 609.3643, 609.3644,
609.365, 609.498, 609.561, 609.58, clauses (1)(b) and (2), and
609.687.
Sec. 77. Minnesota Statutes 1985 Supplement, section
626.556, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
content indicates otherwise:
(a) "Sexual abuse" means the subjection by a person
responsible for the child's care, or by a person in a position
of authority, as defined in section 609.341, subdivision 10, to
any act which constitutes a violation of section 609.342,
609.343, 609.344, or 609.345, or sections 609.364 to 609.3644.
Sexual abuse also includes any act which involves a minor which
constitutes a violation of sections 609.321 to 609.324 or
617.246.
(b) "Person responsible for the child's care" means (1) an
individual functioning within the family unit and having
responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities,
or (2) an individual functioning outside the family unit and
having responsibilities for the care of the child such as a
teacher, school administrator, or other lawful custodian of a
child having either full-time or short-term care
responsibilities including, but not limited to, day care, baby
sitting whether paid or unpaid, counseling, teaching, and
coaching.
(c) "Neglect" means failure by a person responsible for a
child's care to supply a child with necessary food, clothing,
shelter or medical care when reasonably able to do so or failure
to protect a child from conditions or actions which imminently
and seriously endanger the child's physical or mental health
when reasonably able to do so. Nothing in this section shall be
construed to (1) mean that a child is neglected solely because
the child's parent, guardian or other person responsible for his
care in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the
child, or (2) impose upon persons, not otherwise legally
responsible for providing a child with necessary food, clothing,
shelter or medical care, a duty to provide that care. Neglect
also means "medical neglect" as defined in section 260.015,
subdivision 10, clause (e).
(d) "Physical abuse" means any physical injury inflicted by
a person responsible for the child's care on a child other than
by accidental means, or any physical injury that cannot
reasonably be explained by the child's history of injuries.
(e) "Report" means any report received by the local welfare
agency, police department or county sheriff pursuant to this
section.
(f) "Facility" means a day care facility, residential
facility, agency, hospital, sanitorium, or other facility or
institution required to be licensed pursuant to sections 144.50
to 144.58, 241.021, or 245.781 to 245.812.
(g) "Operator" means an operator or agency as defined in
section 245.782.
(h) "Commissioner" means the commissioner of human services.
(i) "Assessment" includes authority to interview the child,
the person or persons responsible for the child's care, the
alleged perpetrator, and any other person with knowledge of the
abuse or neglect for the purpose of gathering the facts,
assessing the risk to the child, and formulating a plan.
(j) "Practice of social services," for the purposes of
subdivision 3, includes but is not limited to employee
assistance counseling.
Sec. 78. Minnesota Statutes 1984, section 628.26, is
amended to read:
628.26 [LIMITATIONS.]
(a) Indictments or complaints for murder may be found or
made at any time after the death of the person killed.
(b) Indictments or complaints for violation of section
609.42, subdivision 1, clauses (1) or (2) shall be found or made
and filed in the proper court within six years after the
commission of the offense.
(c) Indictments or complaints for violation of sections
609.3641 to 609.3644, or 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 seven years after the commission of the
offense.
(d) Indictments or complaints for violation of sections
609.466 and 609.52, subdivision 2, clause (3)(d) shall be found
or made and filed in the proper court within six years after the
commission of the offense.
(e) 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; but the time during which
the defendant shall not be an inhabitant of, or usually resident
within, this state, shall not constitute any part of the
limitations imposed by this section.
Sec. 79. Minnesota Statutes 1985 Supplement, section
631.045, is amended to read:
631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.]
At the trial of a complaint or indictment for a violation
of sections 609.341 to 609.3644 609.36, or 617.246, subdivision
2, when a minor under 18 years of age is the person upon, with,
or against whom the crime is alleged to have been committed, the
judge may exclude the public from the courtroom during the
victim's testimony or during all or part of the remainder of the
trial upon a showing that closure is necessary to protect a
witness or ensure fairness in the trial. The judge shall give
the prosecutor, defendant and members of the public the
opportunity to object to the closure before a closure order.
The judge shall specify the reasons for closure in an order
closing all or part of the trial. Upon closure the judge shall
only admit persons who have a direct interest in the case.
Sec. 80. Minnesota Statutes 1985 Supplement, section
609.344, subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person is guilty of
criminal sexual conduct in the third degree if he engages in
sexual penetration with another person and any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant shall be a defense;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 24 months older than the
complainant. In any such case it shall be an affirmative
defense, which must be proved by a preponderance of the
evidence, that the actor believes the complainant to be 16 years
of age or older. If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, he
may be sentenced to imprisonment for not more than five years.
Consent by the complainant is not a defense;
(c) the actor uses force or coercion to accomplish the
penetration;
(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause the complainant to submit.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense; or
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to
accomplish the penetration;
(ii) the actor or an accomplice was armed with a dangerous
weapon or any article used or fashioned in a manner to lead the
complainant to reasonably believe it could be a dangerous weapon
and used or threatened to use the dangerous weapon;
(iii) circumstances existed at the time of the act to cause
the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;
(iv) the complainant suffered personal injury; or
(v) the sexual abuse involved multiple acts committed over
an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual penetration
occurred during the psychotherapy session. Consent by the
complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a
patient or former patient of the psychotherapist and the patient
or former patient is emotionally dependent upon the
psychotherapist; or
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual penetration occurred by
means of therapeutic deception. Consent by the complainant is
not a defense.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense.
Sec. 81. Minnesota Statutes 1985 Supplement, section
609.345, subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person is guilty of
criminal sexual conduct in the fourth degree if he engages in
sexual contact with another person and if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age or consent to the act by the
complainant is a defense. In a prosecution under this clause,
the state is not required to prove that the sexual contact was
coerced;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant or in a position of authority over the complainant
and uses this authority to cause the complainant to submit. In
any such case, it shall be an affirmative defense which must be
proved by a preponderance of the evidence that the actor
believes the complainant to be 16 years of age or older;
(c) the actor uses force or coercion to accomplish the
sexual contact;
(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause the complainant to submit.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual contact. Neither mistake
as to the complainant's age nor consent to the act by the
complainant is a defense; or
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to
accomplish the contact;
(ii) the actor or an accomplice was armed with a dangerous
weapon or any article used or fashioned in a manner to lead the
complainant to reasonably believe it could be a dangerous weapon
and used or threatened to use the dangerous weapon;
(iii) circumstances existed at the time of the act to cause
the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;
(iv) the complainant suffered personal injury; or
(v) the sexual abuse involved multiple acts committed over
an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual contact occurred
during the psychotherapy session. Consent by the complainant is
not a defense;
(i) the actor is a psychotherapist and the complainant is a
patient or former patient of the psychotherapist and the patient
or former patient is emotionally dependent upon the
psychotherapist; or
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual contact occurred by
means of therapeutic deception. Consent by the complainant is
not a defense.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense.
Sec. 82. Except in sections 485.01 and 487.10, the revisor
of statutes shall substitute the terms "court administrator" or
"administrator" as appropriate for the terms "clerk of the
district court" or "clerk of county court" or "clerk of
municipal court" or "clerk of court" or "clerk" whenever that
term appears in Minnesota Statutes in reference to the clerk of
district court, clerk of county court or clerk of municipal
court.
Sec. 83. Laws 1984, chapter 560, section 24, is repealed.
Sec. 84. [GRAY BALLOTS.]
If the number of offices to be voted on exceeds the number
that can be accommodated on the voting machine, all the
municipal judicial offices to be voted on must be placed on a
single separate paper ballot prepared according to law. The
separate paper ballot must be headed "Judicial Municipal
Nonpartisan General Election Ballot" and printed on gray paper.
Gray ballots must be distributed to voters, handled, counted,
and canvassed in the manner provided by law for precincts using
only paper ballots, so far as is practicable. The canvass of
the gray paper ballots must not delay the canvass of votes
recorded on the voting machines. A separate summary statement
may be provided for reporting of the canvass of the gray paper
ballots. The returns from the voting machines may be filed as
provided in sections 206.75 and 206.77 before the canvass of the
gray paper ballots is completed. Additional or replacement
election judges may be appointed to count the gray paper ballots.
Sec. 85. Laws 1985, chapter 248, sections 28 and 29, are
repealed.
Sec. 86. Laws 1985, chapter 252, section 24, is repealed.
Sec. 87. Laws 1985, First Special Session chapter 9,
article 2, section 89, is repealed.
Sec. 88. Laws 1985, First Special Session chapter 14,
article 3, section 13, is repealed.
Sec. 89. Laws 1985, First Special Session chapter 14,
article 4, section 37, is repealed.
Sec. 90. Laws 1985, First Special Session chapter 14,
article 4, section 91, is repealed.
ARTICLE 2
MISCELLANEOUS CORRECTIONS
Section 1. [EFFECT OF AMENDMENTS AND REPEALS.]
Subdivision 1. [CONFLICTS; PREVAILING LAW.] Regardless of
the order of final enactment of this article and the acts it
amends, the amendments or repeals in this article shall be given
effect. Notwithstanding Minnesota Statutes, sections 645.26,
subdivision 3, 645.33, or other law, an amendment in this
article shall prevail over any other act amending the same
provisions of law in an irreconcilable manner.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following its final enactment.
Sec. 2. [CORRECTION.] Subdivision 1. [OMITTED LANGUAGE.]
Laws 1986, chapter 394, section 10, subdivision 6, is amended to
read:
Subd. 6. [PILOT PROJECTS.] The commissioner may transfer
funds for chemical dependency services from the general fund
appropriations for the general assistance, general assistance
medical care, and medical assistance programs for pilot projects
to design and test procedures needed to implement this
legislation. The commissioner shall exempt funds from these
sources that are used in pilot projects from relevant provisions
of state laws and rules governing the use of these funds. The
commissioner may make grants and contracts for this purpose, and
the provisions of chapter 14 shall not apply to the procedures
and criteria used to implement pilot projects. The commissioner
shall submit a detailed plan of the proposed pilot project to
the chair of the health and human services subcommittees of the
senate finance committee and the chair of the human services
division of the house appropriations committee for review prior
to the implementation of the pilot project.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
March 22, 1986.
Sec. 3. [CORRECTION; OMITTED LOCAL APPROVAL PROVISION.]
Laws 1986, chapter 424, section 3, is effective the day after
compliance with Minnesota Statutes, section 645.021, subdivision
3, by the Anoka county board.
Sec. 4. [CORRECTION; INCORRECT REFERENCE.] Laws 1986,
chapter 460, section 48, is amended to read:
Sec. 48. [473.637] [AIRCRAFT NOISE ZONES.]
Within 120 days after the selection and approval of a site
for a new major airport in the metropolitan area, the
metropolitan council shall determine the probable levels of
noise that will result in various parts of the metropolitan area
from the operation of aircraft using the site, shall establish
aircraft noise zones based on that determination and applicable
to property affected by the noise, and shall establish
acceptable levels of perceived noise decibels for each land use,
using the composite noise rating method and tables or the noise
exposure forecast method and tables. Each government unit
having power to adopt land use and development control measures
applicable to property included in any aircraft noise zone shall
adopt or incorporate in existing land use and development
control measures the applicable acceptable level of perceived
noise decibels established by the council, and shall adopt
whatever other control measures may be necessary to prevent the
use, construction, or improvement of property and buildings
subject to a level of perceived noise decibels in excess of the
acceptable level established for that land use. The council
shall mail a map showing the aircraft noise zones and a copy of
the applicable acceptable levels of perceived noise decibels to
the governing body of each government unit having authority to
adopt land use and development control measures applicable to
property in each aircraft noise zone, to the metropolitan
airports commission, and to the state commissioner of
transportation. The control measures adopted by a government
unit to comply with this section must be submitted to and
approved by the council and placed into effect by the government
unit as provided in section 473.215 47, subdivision 2. The
council may change the aircraft noise zones and the applicable
acceptable levels of perceived noise decibels to conform with
the actual levels of noise produced by aircraft using the
airport site when it is in operation, and may require changes in
control measures applicable to airport noise zones to conform
with changes made by it. No property may be used, and no
building or other structure may be constructed or improved,
within any aircraft noise zone if persons using the property and
buildings would be subjected to a level of perceived noise
decibels in excess of the acceptable level established by the
council for that land use.
Sec. 5. [CORRECTION; INCORRECT REFERENCES.] Laws 1986,
chapter 460, section 49, is amended to read:
Sec. 49. [473.638] [CONTROL MEASURE INVOLVING TAKING;
CONDEMNATION BY METROPOLITAN AIRPORTS COMMISSION.]
Subdivision 1. [EMINENT DOMAIN.] If either the provisions
or the application of section 473.215 47, subdivision 2, or any
land use and development control measure applicable to public or
private property in an airport development area is determined by
a court of competent jurisdiction to constitute a taking, the
metropolitan airports commission in the exercise of its power to
acquire lands for the airport has the power to acquire the
property or any similar property, or an interest in it, to the
extent needed for the application of the measure, by eminent
domain exercised in accordance with chapter 117. The right of
eminent domain must be exercised if the commission has or will
have funds to pay the condemnation award and the council
determines that it is necessary to protect the airport from
encroachment or hazards, to protect residents in the area, to
encourage the most appropriate use of property in the airport
development area, or to protect and conserve the natural
resources of the metropolitan area.
Subd. 2. [RETENTION OR SALE OF PROPERTY.] The commission
may retain any property now owned by it or acquired under
subdivision 1 and use it for a lawful purpose, or it may provide
for the sale or other disposition of the property in accordance
with a redevelopment plan in the same manner and upon the same
terms as the housing and redevelopment authority and governing
body of a municipality under the provisions of section 462.525,
all subject to the provisions of section 473.215 47, subdivision
2, or to existing land use and development control measures
approved by the council.
Subd. 3. [SHARING OF COSTS.] The metropolitan airports
commission and any other government unit in the metropolitan
area may enter into an agreement under which the cost of
acquiring a property and the proceeds from the sale or other
disposition of it under subdivision 2 are to be shared by the
commission and such government unit. The commission, the
metropolitan council, or any government unit may also enter into
any agreements with the United States or the state of Minnesota,
or any agency or subdivision of either, and do all acts and
things required by state or federal law or rules as a condition
or consideration for the loan or grant of funds or property for
the purpose of land acquisition or improvement under
subdivisions 1 and 2.
Sec. 6. [CORRECTION; INCORRECT REFERENCES.] Laws 1986,
chapter 460, section 50, is amended to read:
Sec. 50. [473.639] [RELATION TO AIRPORT HAZARD ZONING.]
Sections 473.215 47 and 473.216 48 and any criteria,
guidelines, or land use and development control measure approved
by the council under those sections in no way supersede or limit
the powers conferred on a municipality to do airport hazard
zoning, or the commissioner of transportation by sections
360.061 to 360.073. Any criteria, guidelines, or land use and
development control measure approved by the council under
section 473.215 47 or 473.216 48 must be consistent with any
exercise of powers by the commissioner under sections 360.061 to
360.093.
Sec. 7. [CORRECTION; REFERENCE OMITTED.] Laws 1986,
chapter 417, section 1, is amended to read:
Section 1. [LAND EXCHANGE AUTHORIZED.]
Notwithstanding Minnesota Statutes, section 94.343,
subdivision 9 and the appraisal requirement under section
94.343, subdivision 3, the state of Minnesota may exchange
certain parcels or tracts of state-owned land located within
Carlton county with the city of Thomson.
(a) State lands to be exchanged are described as:
(1) All of the unplatted portion of Government Lot 1 lying
northerly and easterly of that strip of land deeded to the
Village of Thomson by the Northern Pacific Railway Company,
November 18, 1940, and recorded February 5, 1941, as document
#101684 and on May 13, 1938, and recorded May 21, 1938, as
document #96017; southerly of the former Burlington Northern,
Inc.'s St. Paul to Duluth Branch right-of-way and easterly of
the right-of-way of Minnesota Highway 210, in section 8,
Township 48N, Range 16W.
(2) Lots 1 to 16, both inclusive, and Lot 21 of Block 5 and
Lots 3, 4, 8 and 9 of Block 4 in the Townsite of Thomson,
according to the plat thereof on file in the Office of the
Recorder of Deeds of Carlton County, Minnesota.
(3) Those portions of Lots 17 to 20, both inclusive, 22 and
23 in Block 5 in the Townsite of Thomson, lying southerly of a
line 75 feet northerly at right angles and parallel with the
centerline of former Burlington Northern, Inc.'s St. Paul to
Duluth Branch main line railroad track.
(4) That portion of a 20 foot wide north and south alley
between Block 5 and Block 4 in the Townsite of Thomson that lies
southerly of a line 75 feet northerly at right angles and
parallel with the centerline of former Burlington Northern,
Inc.'s St. Paul to Duluth Branch main line railroad track and
northerly of the easterly projection of the southerly line of
Lot 8 of Block 4 in the Townsite of Thomson.
(5) The South 85 feet of Lots 24 to 46, both inclusive, of
Block 5, in the Townsite of Thomson.
(6) The North Half (N 1/2) of vacated Otter Avenue lying
between the Southerly extension of the East and West lines of
said Block 5, in the Townsite of Thomson.
(b) City lands to be exchanged are described as:
(1) A strip of land two hundred (200) feet wide in
Government Lot One (1), Section eight (8), Township forty-eight
(48) North, Range sixteen (16) West, 4th P.M., said strip being
one hundred (100) feet wide on each side of the centerline of
the original main track of the Lake Superior and Mississippi
Railroad Company Fond Du Lac Branch as formerly constructed but
now removed, and extending from the east line of said Government
Lot one (1) to a westerly production of the north line of Block
one (1) Original Town of Thomson, according to the recorded plat
thereof.
(2) A strip of land fifty (50) feet wide on the
northeasterly side of and adjoining the two hundred (200) foot
strip above described, extending from a westerly production of
the north line of said Block one (1) to a line drawn at right
angles to the northeasterly line of the two hundred (200) foot
strip above described from a point therein distant two hundred
thirty-five (235) feet northwesterly, measured along said
northeasterly line, from the east line of said Government Lot
one (1).
(3) A strip of land 250 feet wide in Government Lot 1, said
strip lying between two lines drawn parallel with and distant
150 feet northeasterly and 100 feet southwesterly, measured at
right angles, from the centerline of the original main tract of
the Lake Superior and Mississippi Railroad Company Fond Du Lac
Branch as formerly constructed but now removed, and extending
from a line drawn parallel with and distant 100 feet southerly,
measured at right angles, from the centerline of the main track
of the Northern Pacific Railway Company's St. Paul to Duluth
Line as now constructed and operated to a westerly projection of
the north line of Block 1, Original Town of Thomson, according
to the recorded plat thereof.
Sec. 8. [CORRECTION.] Subdivision 1. [INCORRECT
REFERENCE.] Laws 1986, chapter 383, section 17, subdivision 5,
is amended to read:
Subd. 5. [CRITICAL HABITAT PRIVATE SECTOR MATCHING
ACCOUNT.] $2,500,000 is appropriated from the bond proceeds
account of the reinvest in Minnesota resources fund for transfer
to the critical habitat private sector matching account
established under section 10 9.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day after final enactment.
Sec. 9. [CORRECTION.] Subdivision 1. [REFERENCE
CORRECTION.] Laws 1986, chapter 456, section 1, subdivision 2,
is amended to read:
Subd. 2. [DISCLOSURE OF INFORMATION.] The commissioner may
disclose to individuals or to the community, information
including data made nonpublic by law, relating to the hazardous
properties and health hazards of hazardous substances released
from a workplace if the commissioner finds:
(1) evidence that a person requesting the information may
have suffered or is likely to suffer illness or injury from
exposure to a hazardous substance; or
(2) evidence of a community health risk and if the
commissioner seeks to have the employer cease an activity which
results in release of a hazardous substance.
Nonpublic data obtained under subdivision 1 is subject to
handling, use, and storage according to established standards to
prevent unauthorized use or disclosure. If the nonpublic data
is required for the diagnosis, treatment, or prevention of
illness or injury, a personal physician may be provided with
this information if the physician agrees to preserve the
confidentiality of the information, except for patient health
records subject to section 144.355 144.335. After the
disclosure of any hazardous substance information relating to a
particular workplace, the commissioner shall advise the employer
of the information disclosed, the date of the disclosure, and
the person who received the information.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1987.
Sec. 10. [CORRECTION.] Subdivision 1. [REPEALER AND
REENACTMENT.] Laws 1986, chapter 460, section 59, is amended to
read:
Sec. 59. [REPEALER.]
Minnesota Statutes 1984, sections 473.01; 473.02; 473.03;
473.04; 473.05; 473.06; 473.07; 473.08; 473.09; 473.10; 473.11;
473.121, subdivisions 7 and 9; 473.128; 473.163, subdivisions 3
and 4; 473.193; 473.203; 473.215; 473.216; 473.217; 473.218;
473.219; 473.373, subdivision 3; 473.377, subdivisions 2 and 3;
473.38, subdivision 1; 473.502; 473.523, subdivision 3; and
473.802 are repealed.
Subd. 2. [REENACTMENT.] Minnesota Statutes 1984, section
473.38, subdivision 1, is reenacted.
Subd. 3. [EFFECTIVE DATE.] Subdivisions 1 and 2 are
effective the day after final enactment.
Sec. 11. [CORRECTION; OMITTED LANGUAGE.] Minnesota
Statutes 1985 Supplement, section 168.013, subdivision 1e, as
amended by Laws 1986, chapter 398, article 13, section 1, is
amended to read:
Subd. 1e. [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On
trucks and tractors except those in this chapter defined as farm
trucks, on truck-tractor and semitrailer combinations except
those defined as farm combinations, and on commercial zone
vehicles, the tax based on total gross weight shall be graduated
according to the Minnesota base rate schedule prescribed in this
subdivision, but in no event less than $120.
Minnesota Base Rate Schedule
Scheduled taxes include five percent
surtax provided for in subdivision 14
TOTAL GROSS WEIGHT
IN POUNDS TAX
A 0 - 1,500 $ 15
B 1,501 - 3,000 20
C 3,001 - 4,500 25
D 4,501 - 6,000 35
E 6,001 - 9,000 45
F 9,001 - 12,000 70
G 12,001 - 15,000 105
H 15,001 - 18,000 145
I 18,001 - 21,000 190
J 21,001 - 26,000 270
K 26,001 - 33,000 360
L 33,001 - 39,000 475
M 39,001 - 45,000 595
N 45,001 - 51,000 715
O 51,001 - 57,000 865
P 57,001 - 63,000 1015
Q 63,001 - 69,000 1185
R 69,001 - 73,280 1325
S 73,281 - 78,000 1595
T 78,001 - 81,000 1760
For purposes of the Minnesota base rate schedule, for
vehicles with six or more axles in the "S" and "T" categories,
the base rates are $1,520 and $1,620 respectively.
For each vehicle with a gross weight in excess of 81,000
pounds an additional tax of $50 is imposed for each ton or
fraction thereof in excess of 81,000 pounds, subject to
subdivision 12.
Truck-tractors except those herein defined as farm and
commercial zone vehicles shall be taxed in accord with the
foregoing gross weight tax schedule on the basis of the combined
gross weight of the truck-tractor and any semitrailer or
semitrailers which the applicant proposes to combine with the
truck-tractor.
Commercial zone trucks include only trucks, truck-tractors,
and semitrailer combinations which are:
(1) used by an authorized local cartage carrier operating
under a permit issued under section 221.296 and whose gross
transportation revenue consists of at least 60 percent obtained
solely from local cartage carriage, and are operated solely
within an area composed of two contiguous cities of the first
class and municipalities contiguous thereto as defined by
section 221.011, subdivision 17; or,
(2) operated by an interstate carrier registered under
section 221.60, or by an authorized local cartage carrier or
other carrier receiving operating authority under chapter 221,
and operated solely within a zone exempt from regulation by the
interstate commerce commission pursuant to United States Code,
title 49, section 10526(b).
The license plates issued for commercial zone vehicles
shall be plainly marked. A person operating a commercial zone
vehicle outside the zone or area in which its operation is
authorized is guilty of a misdemeanor and, in addition to the
penalty therefor, shall have the registration of the vehicle as
a commercial zone vehicle revoked by the registrar and shall be
required to reregister the vehicle at 100 percent of the full
annual tax prescribed in the Minnesota base rate schedule, and
no part of this tax shall be refunded during the balance of the
registration year.
On commercial zone trucks the tax shall be based on the
total gross weight of the vehicle and during the first eight
years of vehicle life shall be 75 percent of the Minnesota base
rate schedule. During the ninth and succeeding years of vehicle
life the tax shall be 50 percent of the Minnesota base rate
schedule, except as otherwise provided in this subdivision. On
commercial zone trucks, during the ninth and succeeding years of
vehicle life, the tax shall be 50 percent of the tax imposed in
the Minnesota base rate schedule.
On trucks, truck-tractors and semitrailer combinations,
except those defined as farm trucks and farm combinations, and
except for those urban trucks and combinations and commercial
zone vehicles specifically provided for in this subdivision, the
tax for the first eight years of vehicle life shall be 100
percent of the tax imposed in the Minnesota base rate schedule,
and during the ninth and succeeding years of vehicle life, the
tax shall be 75 percent of the Minnesota base rate prescribed by
this subdivision, except as otherwise provided in this
subdivision.
On trucks, truck-tractors and semitrailer combinations,
except those defined as farm trucks and farm combinations, and
except for those commercial zone vehicles specifically provided
for in this subdivision, during each of the first eight years of
vehicle life the tax shall be 100 percent of the tax imposed in
the Minnesota base rate schedule.
Sec. 12. [CORRECTION.] Minnesota Statutes 1984, section
169.045, subdivision 7, as amended by Laws 1986, chapter 452,
section 19, is amended to read:
Subd. 7. [NONAPPLICATION OF CERTAIN LAWS.] The provisions
of chapter 171, are not applicable to persons operating
motorized golf carts or four-wheel all-terrain vehicles under
permit on designated roadways pursuant to this section. Except
for the requirements of section 169.70, the provisions of this
chapter relating to equipment on vehicles is not applicable to
motorized golf carts or four-wheel all-terrain vehicles
operating, under permit, on designated roadways.
For purposes of the Minnesota base rate schedule, for
vehicles with six or more axles in the "S" and "T" categories,
the base rates are $1,520 and $1,620 respectively.
Sec. 13. [CORRECTION.] Subdivision 1. [DRAFTING ERROR.]
Laws 1986, chapter 398, article 1, section 11, subdivision 5, is
amended to read:
Subd. 5. [EFFECT OF MEDIATION MEETING NOTICE.] (a) Except
as provided in paragraph (b), if a creditor receives a mediation
meeting notice under subdivision 4 the creditor and the
creditor's successors in interest may not continue proceedings
to enforce a debt against agricultural property of the debtor
under chapter 580 or 581 or sections 336.9-501 to 336.9-508, to
terminate a contract for deed to purchase agricultural property
under section 559.21, or to garnish, levy on, execute on, seize,
or attach agricultural property. Time periods under and
affecting those procedures stop running until (1) 90 days after
the conclusion initiation of mediation, or (2) a mediation
agreement is reached.
(b) If a creditor is an agency of the United States and
receives a mediation meeting notice under subdivision 4, the
creditor and the creditor's successors in interest may not
continue proceedings to enforce a debt against agricultural
property of the debtor under chapter 580 or 581 or sections
336.9-501 to 336.9-508, to terminate a contract for deed to
purchase agricultural property under section 559.21, or to
garnish, levy on, execute on, seize, or attach agricultural
property. Time periods under and affecting those procedures
stop running until (1) 180 days after the conclusion initiation
of mediation, or (2) a mediation agreement is reached.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day after final enactment.
Sec. 14. [CORRECTION.] Subdivision 1. [INCORRECT
REFERENCE.] Minnesota Statutes 1984, section 349.212,
subdivision 4, as amended by Laws 1986, chapter 467, section 23,
subdivision 4, is amended to read:
Subd. 4. [PULL-TAB TAX.] There is imposed a tax on the
sale of each deal of pull-tabs sold by a licensed distributor to
a licensed organization, or to an organization holding an
exemption identification number. The rate of the tax is ten
percent of the face resale value of all the pull-tabs in each
deal less the total prizes which may be paid out on all the
pull-tabs in that deal. The tax is payable to the commissioner
of revenue in the manner prescribed in section 24 and the rules
of the commissioner. The commissioner shall pay the proceeds of
the tax to the state treasurer for deposit in the general fund.
The sales tax imposed by chapter 297A on the sale of the
pull-tabs by the licensed distributor to an organization is
imposed on the retail sales price less the tax imposed by this
subdivision. The retail sale of pull-tabs by the organization
is exempt from taxes imposed by chapter 297A if the tax imposed
by this subdivision has been paid and is exempt from all local
taxes and license fees except a fee authorized under section
349.213, subdivision 3 349.16, subdivision 4.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
January 1, 1987.
Sec. 15. [CORRECTION.] Subdivision 1. [INCORRECT
REFERENCE.] Minnesota Statutes 1985 Supplement, section 349.212,
subdivision 1, as amended by Laws 1986, chapter 467, section 22,
is amended to read:
Subdivision 1. [RATE.] There is hereby imposed a tax on
all lawful gambling, other than pull-tabs, conducted by
organizations licensed by the board at the rate specified in
this subdivision. The tax imposed by this subdivision is in
lieu of the tax imposed by section 297A.02 and all local taxes
and license fees except a fee authorized under section 349.213,
subdivision 3 349.16, subdivision 4.
On all lawful gambling, other than pull-tabs, the tax is
ten percent of the gross receipts of a licensed organization
from lawful gambling less prizes actually paid out, payable by
the organization.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
January 1, 1987.
Sec. 16. [CORRECTION.] Subdivision 1. Minnesota Statutes
1984, section 349.15, as amended by Laws 1986, chapter 467,
section 7, is amended to read:
349.15 [USE OF PROFITS.]
Profits from lawful gambling may be expended only for
lawful purposes or expenses as authorized at a regular meeting
of the conducting organization. Provided that no more than 50
percent of gross receipts profits from bingo, and no more than
40 percent for other forms of lawful gambling, may be expended
for necessary expenses related to lawful gambling. The board
shall provide by rule for the administration of this section,
including specifying allowable expenses. The rules may provide
a maximum percentage of gross receipts which may be expended for
certain expenses.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective June
1, 1986.
Sec. 17. [CORRECTION.] Subdivision 1. Laws 1986, chapter
467, section 24, subdivision 3, is amended to read:
Subd. 3. [SUSPENSION, REVOCATION.] The commissioner, after
notice and hearing, may for reasonable cause revoke or suspend a
permit held by a distributor. A notice must be sent to the
distributor at least 30 days before the hearing and give notice
of the time and place of the hearing, must give the reason for
the proposed suspension or revocation, and must require the
distributor show cause why the proposed action should not be
taken. The notice may be served personally or by mail in the
manner prescribed for service of notice of a deficiency. The
commissioner may not issue a new permit after revocation except
upon application accompanied by reasonable evidence of the
intention of the applicant to comply with all applicable laws
and rules. The commissioner may condition the issuance of a new
permit to the applicant on the supplying of security in addition
to that authorized by subdivision 2 as is reasonably necessary
to ensure compliance with all applicable laws and rules.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
January 1, 1987.
Sec. 18. [CORRECTION.] Subdivision 1. [OMITTED LANGUAGE.]
Minnesota Statutes 1984, section 471.992, as amended by Laws
1986, chapter 459, section 1, is amended to read:
471.992 [EQUITABLE COMPENSATION RELATIONSHIPS.]
Subdivision 1. [ESTABLISHMENT.] Subject to sections
179A.01 to 179A.25 but notwithstanding any other law to the
contrary, every political subdivision of this state shall
establish equitable compensation relationships between
female-dominated, male-dominated, and balanced classes of
employees.
Subd. 2. [ARBITRATION.] In all interest arbitration held
pursuant to sections 179A.01 to 179A.25, the arbitrator shall
consider the equitable compensation relationship standards
established in this section, the standards established under
section 471.993 together with other standards appropriate to
interest arbitration. The arbitrator shall consider both the
results of a job evaluation study and any employee objections to
the study.
Subd. 3. [EFFECTIVE DATE.] This section will become
effective August 1, 1987.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1987.
Sec. 19. [CORRECTION.] Laws 1986, chapter 359, section 27,
is amended to read:
Sec. 27. [EFFECTIVE DATE.]
Sections 1 to 26 are effective the day following final
enactment. The financial reporting and auditing duties of the
state auditor under sections 2 and 9 are effective for fire and
police state aid payments payable after December 31, 1986.
Sec. 20. [CORRECTION.] Laws 1986, chapter 365, section 22,
is amended to read:
Sec. 22. [LOCAL APPROVAL.]
This act Section 20 is effective the day after compliance
with Minnesota Statutes, section 645.021, subdivision 3, by the
county board of Olmsted county.
Sec. 21. [EFFECTIVE DATE; CORRECTION.] Laws 1986, chapter
389, sections 1 to 7 are effective retroactively to March 22,
1986.
Sec. 22. [CORRECTION.] Laws 1986, chapter 372, section 1,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The definitions in this section
apply to sections 1 to 4, 6, and 7.
Sec. 23. [CORRECTION.] Subdivision 1. [INCORRECT SECTION
REFERENCE.] Minnesota Statutes 1984, section 46.044, as amended
by Laws 1986, chapter 339, section 1, is amended to read:
46.044 [CHARTERS ISSUED, CONDITIONS.]
If (1) the applicants are of good moral character and
financial integrity, (2) there is a reasonable public demand for
this bank in this location, (3) the organization expenses being
paid by the subscribing shareholders do not exceed the necessary
legal expenses incurred in drawing incorporation papers and the
publication and the recording thereof, as required by law, (4)
the probable volume of business in this location is sufficient
to insure and maintain the solvency of the new bank and the
solvency of the then existing bank or banks in the locality
without endangering the safety of any bank in the locality as a
place of deposit of public and private money, (5) the
commissioner of commerce is satisfied that the proposed bank
will be properly and safely managed, and (6) the applicant, if
it is an interstate bank holding company, as defined in section
6, has provided developmental loans as required by section 14,
and has complied with the net new funds reporting requirements
of section 4 7, the application must be granted; otherwise it
must be denied. In case of the denial of the application, the
commissioner of commerce shall specify the grounds for the
denial. A person aggrieved, may obtain judicial review of the
determination in accordance with chapter 14.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1986.
Sec. 24. [CORRECTION.] Subdivision 1. [INCORRECT SECTION
REFERENCE.] Laws 1986, chapter 339, section 6, subdivision 1, is
amended to read:
Subdivision 1. [TERMS.] When used in sections 1 4 to 9 14,
the terms defined in this section have the meanings given them,
unless their context requires a different meaning.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
March 20, 1986.
Sec. 25. [CORRECTION.] Subdivision 1. [INCORRECT CHAPTER
REFERENCE.] Laws 1986, chapter 339, section 8, is amended to
read:
Sec. 8. [48.93] [NEW BANK APPLICATION.]
Any application to organize a bank pursuant to chapter 45
46 may include control by a reciprocating state bank holding
company if, in addition to the conditions in section 46.041, the
application does not present any facts which would be grounds
for disapproval in section 7, subdivision 4, and if the
application would result in the acquisition and operation of no
more than one bank in this state by the same reciprocating state
bank holding company.
Sec. 26. [CORRECTION.] Subdivision 1. [INCORRECT SECTION
REFERENCE.] Laws 1986, chapter 339, section 15, subdivision 1,
is amended to read:
Subdivision 1. [RESOLUTION.] The board of directors of a
bank or a bank holding company located in this state may adopt a
resolution before July 1, 1987, to exempt the bank or bank
holding company from section 4 7. If the board of directors
adopts the resolution and files a certified copy of it as
required by subdivision 2, the bank or bank holding company may
not be acquired under section 4 7.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1986.
Sec. 27. [CORRECTION.] Subdivision 1. [INCORRECT SECTION
REFERENCES.] Laws 1986, chapter 339, section 16, is amended to
read:
Sec. 16. [51A.58] [INTERSTATE BRANCHING.]
An association may, by acquisition, merger, or
consolidation, establish or operate branch offices in any
reciprocating state, and a savings and loan association
chartered in the state may establish branch offices in this
state. For the purposes of this section, "reciprocating state"
is: (1) a state that authorizes the establishment of branch
offices in that state by an association located in this state
under conditions no more restrictive than those imposed by the
laws of Minnesota as determined by the commissioner of commerce;
and (2) limited to the states specifically enumerated as
reciprocating states in section 6, subdivision 7.
The commissioner of commerce shall adopt rules to provide
that procedural requirements equivalent to those contained in
sections 1 4 to 9 14 apply to reciprocal interstate branching by
savings and loan associations.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1986.
Sec. 28. [CORRECTION.] Subdivision 1. [INCORRECT SECTION
REFERENCES.] Laws 1986, chapter 339, section 17, is amended to
read:
Sec. 17. [EFFECTIVE DATE.]
(a) Sections 1 4 to 3 6 and 9 13 are effective the day
following final enactment.
(b) If paragraph (c) does not apply, sections 4 7 to 8 12
are effective July 1, 1986.
(c) If any reciprocating state enacts legislation that
permits bank holding companies located in this state to acquire
banks or bank holding companies in that state, and that piece of
legislation has an effective date prior to July 1, 1986, which
apply to these acquisitions, then this act is effective on that
date of enactment, but in no event may sections 4 7 to 8 12 be
effective prior to July 1, 1985.
Subd. 2. [EFFECTIVE DATES.] The amendments to subdivision
1 are effective March 20, 1986.
Sec. 29. [CORRECTION.] Laws 1986, chapter 460, section 7,
subdivision 1, is amended to read:
Sec. 7. [473.13] [BUDGET, FINANCIAL AID.]
Subdivision 1. [BUDGET.] On or before October 1 of each
year the council, after a public hearing, shall adopt a budget
covering its anticipated receipts and disbursements for the
ensuing year and shall decide upon the total amount necessary to
be raised from ad valorem tax levies to meet its budget. After
adoption of the budget and no later than October 1, the council
shall certify to the auditor of each metropolitan county
the county's share of the tax to be levied within that county,
which must be an amount bearing the same proportion to the total
levy agreed on by the council as the assessed valuation of the
county bears to the assessed valuation of the metropolitan
area. The maximum amount of any levy made for the purpose of
this chapter may not exceed the limits set by sections 473.167
and 473.249.
Sec. 30. [CORRECTION.] Laws 1986, chapter 460, section 7,
subdivision 2, is amended to read:
Subd. 2. [COUNTY LEVIES.] The auditor of each metropolitan
county shall add the amount of any levy made by the council
within the limits imposed by subdivision 1 to other tax
levies of imposed within the county for collection by the county
treasurer with other taxes. When collected the county treasurer
shall make settlement of the taxes with the council in the same
manner as other taxes are distributed to political
subdivisions. The levy authorized by this section is in
addition to any other county taxes levied within the county
authorized by law.
Sec. 31. [CORRECTION.] Laws 1986, chapter 416, section 4,
is amended to read:
Sec. 4. [375.85] [COUNTIES MAY MARKET SOFTWARE PRODUCTS.]
Notwithstanding any other law to the contrary, a county or
group of counties acting jointly under section 471.59 may sell
or license self-developed or vendor custom-developed computer
software products or systems either on competitive bids or in
the open market, in the discretion of the county or joint powers
board. Prices for the software products or systems may be based
on market considerations. A county or group of counties may
make agreements with private persons or entities to assist with
marketing software products or systems.
Sec. 32. [CORRECTION.] Subdivision 1. [INCORRECT TERM.]
Laws 1986, chapter 391, section 7, is amended to read:
Sec. 7. [USE OF PROCEEDS; POWERS.]
The proceeds of the taxes imposed under section 3, 4, or 5
and the proceeds of the distribution under section 12 may only
be expended by the city for the public purpose stated in section
1, as follows: (i) the distribution under section 12 shall be
expended for the total cost of financing and debt service
payments for highway improvements, including interest on bonds
issued pursuant to Laws 1985, chapter 295; (ii) the proceeds
from taxes imposed under section 3 may be expended for the total
cost of financing and debt service payments for highway
improvements or other public improvements within the project
area except operating, maintaining, or promoting public malls,
plazas, or courtyards; (iii) the proceeds from the taxes imposed
under sections 4 and 5 may be expended for debt service on bonds
issued for highway improvements or citywide improvements and
public services as authorized by law and charter. The city may
transfer funds to the port authority to accomplish the public
purpose of section 1 only as authorized by this section.
The city of Bloomington shall pay, from funding sources
enumerated above, all costs of the highway improvements,
including trunk highways, within the project area. To provide
for this funding of trunk highways, the city and the
commissioner of transportation may enter into an agreement under
which the city agrees to loan, without interest, and to advance
money to the commissioner for deposit in the state treasury to
the credit of the trunk highway fund an amount sufficient for
the design services, the construction and the construction
engineering of those trunk highway facilities that the
commissioner determines necessary to build as part of the
related highway improvements. The commissioner must repay those
loan funds to the city from the trunk highway fund in ten equal
annual installments commencing after completion of the trunk
highway facilities within the related highway improvements or
1990, whichever occurs later in time. No interest or inflation
index money will be paid to the city for the use of this loan
money by the commissioner from the trunk highway fund.
In order to expedite the project and to minimize disruption
to the statewide highway program, the city shall be the lead
agency responsible for all design, contract letting, award, and
administration of highway improvements in the project area. The
city shall acquire and convey to the state, without costs to the
state, all rights-of-way needed for trunk highway improvements
in the project area.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day after final enactment.
Sec. 33. [CORRECTION.] Subdivision 1. [ALLOCATION
REDUCTION ERROR.] Laws 1986, chapter 465, article 1, section 11,
is amended to read:
Sec. 11. [474A.03] [DETERMINATION OF ANNUAL VOLUME CAP.]
Subdivision 1. [ANNUAL VOLUME CAP UNDER EXISTING FEDERAL
TAX LAW.] At the beginning of each calendar year, the department
shall determine the aggregate dollar amount of the annual volume
cap under existing federal tax law for the calendar year, and of
this amount the department shall determine the following amounts:
(1) the amount that is allocated to entitlement issuers
under section 12;
(2) the amount initially available for allocation through
the pool under section 13, which is the annual volume cap
determined under this subdivision less the amount determined
under clause (1); and
(3) the amount available for issuance of qualified mortgage
bonds under section 15.
Subd. 2. [ANNUAL VOLUME CAP UNDER FEDERAL VOLUME
LIMITATION ACT.] At the beginning of each calendar year, the
department shall determine the aggregate dollar amount of the
annual volume cap under a federal volume limitation act during
the calendar year, and of this amount the department shall
determine the following amounts:
(1) the amount, if any, that a federal volume limitation
act requires be reserved for qualified 501(c)(3) bonds or the
amount provided by section 20, subdivision 9;
(2) the amount of the governmental volume cap allocated to
entitlement issuers under section 16, stating separately (i) the
amount available for issuance of "qualified mortgage bonds" or
obligations with a comparable definition in a federal volume
limitation act, and (ii) the amount available for issuance of
any obligations; and
(3) the amount initially available for allocation through
the pool under section 19, which is the amount of the
governmental volume cap less the aggregate of the amounts
determined in clause (2).
Notwithstanding the foregoing, for the period from and
including January 1, 1987, to and including June 30, 1987, the
following limitations shall apply: (i) one-half of the amount
determined pursuant to clause (2)(ii) shall be allocated to
entitlement issuers under section 16; (ii) the entire amount
determined pursuant to clause (2)(i) shall be allocated to
entitlement issuers under section 16; (iii) one-half of the
amount determined pursuant to clause (3) shall be made available
for allocation under section 19; and (iv) one-half of the
amount, if any, determined pursuant to clause (1) shall be made
available for allocation under section 20, unless the amount is
determined pursuant to section 20, subdivision 9, in which case
the full amount is available. The remaining amount of annual
volume cap for calendar year 1987 not so allocated, or made
available for allocation, shall remain unallocated unless
otherwise provided by law.
Subd. 3. [ADJUSTMENTS FOR CHANGES TO VOLUME CAP IN FEDERAL
VOLUME LIMITATION ACT.] If the annual volume cap in a federal
volume limitation act that becomes law is greater than or less
than the annual volume cap that existed in a federal volume
limitation act in the form that existed as of January 1, 1986,
the department shall adjust the calculations made under
subdivision 2, except for clause (1), and section 16, except as
provided in section 27. If the annual volume cap is adjusted,
the commissioner may withdraw any allocation granted before the
adjustment was made pursuant to which obligations have been
issued, only with the written consent of the issuer.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day after final enactment.
Sec. 34. [CORRECTION.] Subdivision 1. [CLARIFICATION.]
Laws 1986, chapter 465, article 1, section 20, subdivision 9, is
amended to read:
Subd. 9. [NO MANDATORY SET-ASIDE; 501(C)(3) POOL.] If a
federal volume limitation act is enacted that does not require
that issuance authority be set aside for qualified 501(c)(3)
bonds and qualified 501(c)(3) bonds are subject to the annual
volume cap, $70,000,000 of issuance authority is available for
allocation under this section from January 1 through October 31
of 1986 and $35,000,000 of issuance authority is available for
allocation under this section from January 1, 1987 through June
30, 1987. Notwithstanding the provisions of subdivision 6, if
issuance authority is available for allocation pursuant to this
subdivision, no allocation may be made pursuant to this section
after October 31 for calendar year 1986 and the remaining amount
of unallocated authority under this section that is or becomes
available is canceled and must be reallocated pursuant to
section 19.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day after final enactment.
Sec. 35. [CORRECTION.] Subdivision 1. [EFFECTIVE DATE
OMITTED.] Laws 1986, chapter 465, article 2, section 25, is
amended to read:
Sec. 25. [EFFECTIVE DATE.]
Sections 1, 5, 18, 19, 21, 22 and 23 are effective the day
following final enactment.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day after final enactment.
Sec. 36. Minnesota Statutes 1984, section 275.125,
subdivision 9, as amended by Laws 1986, chapter 441, section 1,
is amended to read:
Subd. 9. [LEVY REDUCTIONS; TACONITE.] (1) Reductions in
levies pursuant to subdivision 10 of this section, and section
273.138, shall be made prior to the reductions in clause (2).
(2) Notwithstanding any other law to the contrary,
districts which received payments pursuant to sections 294.21 to
294.26; 298.23 to 298.28, except an amount distributed under
section 298.28, subdivision 1, paragraph (3)(b)(ii); 298.34 to
298.39; 298.391 to 298.396; 298.405; 298.51 to 298.67; 477A.15;
and any law imposing a tax upon severed mineral values, or under
any other law distributing proceeds in lieu of ad valorem tax
assessments on copper or nickel properties, or recognized
revenue pursuant to section 477A.15; shall not include a portion
of these aids in their permissible levies pursuant to those
sections, but instead shall reduce the permissible levies
authorized by this section and sections 124A.03, 124A.06,
subdivision 3a, 124A.08, subdivision 3a, 124A.10, subdivision
3a, 124A.12, subdivision 3a, and 124A.14, subdivision 5a, and
124A.20, subdivision 2, by the greater of the following:
(a) an amount equal to 50 percent of the total dollar
amount of the payments received pursuant to those sections or
revenue recognized pursuant to section 477A.15 in the previous
fiscal year; or
(b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue
recognized pursuant to section 477A.15 in the previous fiscal
year less the product of the same dollar amount of payments or
revenue times the ratio of the maximum levy allowed the district
under sections 124A.03, subdivision 2, 124A.06, subdivision 3a,
124A.08, subdivision 3a, 124A.10, subdivision 3a, 124A.12,
subdivision 3a, and 124A.14, subdivision 5a, to the total levy
allowed the district under this section and sections 124A.03,
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision
5a, and 124A.20, subdivision 2, in the year in which the levy is
certified.
(3) No reduction pursuant to this subdivision shall reduce
the levy made by the district pursuant to section 124A.03,
subdivision 1, to an amount less than the amount raised by a
levy of 12.5 mills times the adjusted assessed valuation of that
district for the preceding year as determined by the
equalization aid review committee. The amount of any increased
levy authorized by referendum pursuant to section 124A.03,
subdivision 2 shall not be reduced pursuant to this
subdivision. The amount of any levy authorized by subdivision
4, to make payments for bonds issued and for interest thereon,
shall not be reduced pursuant to this subdivision.
(4) Before computing the reduction pursuant to this
subdivision of the capital expenditure levy authorized by
subdivision 11a, and the community service levy authorized by
subdivision 8, the commissioner shall ascertain from each
affected school district the amount it proposes to levy for
capital expenditures pursuant to subdivision 11a and for
community services pursuant to subdivision 8. The reduction of
the capital expenditure levy and the community services levy
shall be computed on the basis of the amount so ascertained.
(5) Notwithstanding any law to the contrary, any amounts
received by districts in any fiscal year pursuant to sections
294.21 to 294.26; 298.23 to 298.28; 298.34 to 298.39; 298.391 to
298.396; 298.405; 298.51 to 298.67 except an amount distributed
under section 298.28, subdivision 1, paragraph (3)(b)(ii); or
any law imposing a tax on severed mineral values, or under any
other law distributing proceeds in lieu of ad valorem tax
assessments on copper or nickel properties; and not deducted
from foundation aid pursuant to section 124A.035, subdivision 5,
clause (2), and not applied to reduce levies pursuant to this
subdivision shall be paid by the district to the St. Louis
county auditor in the following amount by March 15 of each year
except 1986, the amount required to be subtracted from the
previous fiscal year's foundation aid pursuant to section
124A.035, subdivision 5, which is in excess of the foundation
aid earned for that fiscal year. The county auditor shall
deposit any amounts received pursuant to this clause in the St.
Louis county treasury for purposes of paying the taconite
homestead credit as provided in section 273.135.
Sec. 37. Minnesota Statutes 1985 Supplement, section
298.225, subdivision 1, as amended by Laws 1986, chapter 441,
section 10, is amended to read:
298.225 [APPROPRIATION.]
Subdivision 1. For distribution of taconite production tax
in 1987 and thereafter with respect to production in 1986 and
thereafter, the distribution of the taconite production tax as
provided in section 298.28, subdivision 1, clauses (1) to (4)
and (5)(b), (5)(c), (6), and (7)(a), shall equal the lesser of
the following amounts:
(1) the amount distributed pursuant to this section and
section 298.28, subdivision 1, with respect to 1983 production
if the production for the year prior to the distribution year is
no less than 42,000,000 taxable tons. If the production is less
than 42,000,000 taxable tons, the amount of the distributions
shall be reduced proportionately at the rate of two percent for
each 1,000,000 tons, or part of 1,000,000 tons by which the
production is less than 42,000,000 tons; or
(2)(i) for the distributions made pursuant to section
298.28, subdivision 1, clauses (3)(a), (3)(b), and (5)(c), 50
percent of the amount distributed pursuant to this section and
section 298.28, subdivision 1, with respect to 1983 production.
(ii) for the distributions made pursuant to section 298.28,
subdivision 1, clauses (4)(a) and (4)(b)(c), 75 percent of the
amount distributed pursuant to this section and section 298.28,
subdivision 1, with respect to 1983 production.
Sec. 38. Minnesota Statutes 1985 Supplement, section
298.28, subdivision 1, as amended by Laws 1986, chapter 441,
section 12, is amended to read:
Subdivision 1. [DISTRIBUTION.] The proceeds of the taxes
collected under section 298.24, except the tax collected under
section 298.24, subdivision 2, shall, upon certification of the
commissioner of revenue, be allocated as follows:
(1) 2.5 cents per gross ton of merchantable iron ore
concentrate, hereinafter referred to as "taxable ton," to the
city or town in the county in which the lands from which
taconite was mined or quarried were located or within which the
concentrate was produced. If the mining, quarrying, and
concentration, or different steps in either thereof are carried
on in more than one taxing district, the commissioner shall
apportion equitably the proceeds of the part of the tax going to
cities and towns among such subdivisions upon the basis of
attributing 40 percent of the proceeds of the tax to the
operation of mining or quarrying the taconite, and the remainder
to the concentrating plant and to the processes of
concentration, and with respect to each thereof giving due
consideration to the relative extent of such operations
performed in each such taxing district. His order making such
apportionment shall be subject to review by the tax court at the
instance of any of the interested taxing districts, in the same
manner as other orders of the commissioner.
(2) (a) 12.5 cents per taxable ton, less any amount
distributed under clause (7), paragraph (a), and paragraph (b)
of this clause, to be distributed as provided in section 298.282.
(b) An amount annually certified by the county auditor of a
county containing a taconite tax relief area within which there
is (1) an organized township if, as of January 2, 1982, more
than 75 percent of the assessed valuation of the township
consists of iron ore or (2) a city if, as of January 2, 1980,
more than 75 percent of the assessed valuation of the city
consists of iron ore. The amount will be the portion of a
township's or city's certified levy equal to the proportion of
(1) the difference between 50 percent of January 2, 1982,
assessed value in the case of a township and 50 percent of the
January 2, 1980, assessed value in the case of a city and its
current assessed value to (2) the sum of its current assessed
value plus the difference determined in (1). The county auditor
shall extend the township's or city's levy against the sum of
the township's or city's current assessed value plus the
difference between 50 percent of its January 2, 1982, assessed
value and its current assessed value in the case of a township
and between 50 percent of its January 2, 1980, assessed value
and its current assessed value in the case of a city. If the
current assessed value of the township exceeds 50 percent of the
township's January 2, 1982, assessed value, or if the current
assessed value of the city exceeds 50 percent of the city's
January 2, 1980, assessed value, this clause shall not apply.
(3) 27.5 cents per taxable ton plus the increase provided
in paragraph (c) to qualifying school districts to be
distributed, based upon the certification of the commissioner of
revenue, as follows:
(a) 5.5 cents per taxable ton to the school districts in
which the lands from which taconite was mined or quarried were
located or within which the concentrate was produced. The
distribution must be based on the apportionment formula
prescribed in clause (1).
(b) (i) 22 cents per taxable ton, less any amount
distributed under part (d), shall be distributed to a group of
school districts comprised of those school districts wherein the
taconite was mined or quarried or the concentrate produced or in
which there is a qualifying municipality as defined by section
273.134 in direct proportion to school district indexes as
follows: for each school district, its pupil units determined
under section 124.17 for the prior school year shall be
multiplied by the ratio of the average adjusted assessed value
per pupil unit for school districts receiving aid under this
clause as calculated pursuant to chapter 124A for the school
year ending prior to distribution to the adjusted assessed value
per pupil unit of the district. Each district shall receive
that portion of the distribution which its index bears to the
sum of the indices for all school districts that receive the
distributions.
(ii) Notwithstanding clause (i), each school district shall
receive that receives a distribution under this paragraph
(b) sections 294.21 to 294.26; 298.23 to 298.28, exclusive of
any amount received under this clause; 298.34 to 298.39; 298.391
to 298.396; 298.405; 298.51 to 298.67 or any law imposing a tax
on several mineral values or any other law distributing proceeds
in lieu of ad valorem tax assessments on copper or nickel
properties that is no less than the amount of its levy reduction
under section 275.125, subdivision 9, for the second year prior
to the year of the distribution shall receive a distribution
equal to the difference; the amount necessary to make
this minimum payment shall be derived from proportionate
reductions in the initial distribution to other school districts
under clause (i).
(c) On July 15, in years prior to 1988, an amount equal to
the increase derived by increasing the amount determined by
clause (3)(b) in the same proportion as the increase in the
steel mill products index over the base year of 1977 as provided
in section 298.24, subdivision 1, clause (a), shall be
distributed to any school district described in clause (3)(b)
where a levy increase pursuant to section 124A.03, subdivision
2, is authorized by referendum, according to the following
formula. On July 15, 1988 and subsequent years, the increase
over the amount established for the prior year shall be
determined according to the increase in the implicit price
deflator as provided in section 298.24, subdivision 1, paragraph
(a). Each district shall receive the product of:
(i) $150 times the pupil units identified in section
124.17, subdivision 1, enrolled in the second previous year or
the 1983-1984 school year, whichever is greater, less the
product of 1-3/4 mills times the district's taxable valuation in
the second previous year; times
(ii) the lesser of:
(A) one, or
(B) the ratio of the amount certified pursuant to section
124A.03, subdivision 2, in the previous year, to the product of
1-3/4 mills times the district's taxable valuation in the second
previous year.
If the total amount provided by clause (3)(c) is
insufficient to make the payments herein required then the
entitlement of $150 per pupil unit shall be reduced uniformly so
as not to exceed the funds available. Any amounts received by a
qualifying school district in any fiscal year pursuant to clause
(3)(c) shall not be applied to reduce foundation aids which the
district is entitled to receive pursuant to section 124A.02 or
the permissible levies of the district. Any amount remaining
after the payments provided in this paragraph shall be paid to
the commissioner of iron range resources and rehabilitation who
shall deposit the same in the taconite environmental protection
fund and the northeast Minnesota economic protection trust fund
as provided in clause (9).
(d) There shall be distributed to any school district the
amount which the school district was entitled to receive under
section 298.32 in 1975.
(4) 16.5 cents per taxable ton to counties to be
distributed, based upon certification by the commissioner of
revenue, as follows:
(a) 13 cents per taxable ton shall be distributed to the
county in which the taconite is mined or quarried or in which
the concentrate is produced, less any amount which is to be
distributed pursuant to part (b). The apportionment formula
prescribed in clause (1) is the basis for the distribution.
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a county other than the county in which
the mining and the concentrating processes are conducted, one
cent per taxable ton of the tax distributed to the counties
pursuant to part (a) and imposed on and collected from such
taxpayer shall be paid to the county in which the power plant is
located.
(c) 3.5 cents per taxable ton shall be paid to the county
from which the taconite was mined, quarried or concentrated to
be deposited in the county road and bridge fund. If the mining,
quarrying and concentrating, or separate steps in any of those
processes are carried on in more than one county, the
commissioner shall follow the apportionment formula prescribed
in clause (1).
(5) (a) 22 cents per taxable ton, less any amount required
to be distributed under parts (b) and (c), to St. Louis county
acting as the counties' fiscal agent, to be distributed as
provided in sections 273.134 to 273.136.
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a county other than the county in which
the mining and the concentrating processes are conducted, .1875
cent per taxable ton of the tax imposed and collected from such
taxpayer shall be paid to the county.
(c) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a school district other than a school
district in which the mining and concentrating processes are
conducted, .5625 cent per taxable ton of the tax imposed and
collected from the taxpayer shall be paid to the school district.
(6) Three cents per taxable ton shall be paid to the iron
range resources and rehabilitation board for the purposes of
section 298.22. The amount determined in this clause shall be
increased in 1981 and subsequent years prior to 1988 in the same
proportion as the increase in the steel mill products index as
provided in section 298.24, subdivision 1 and shall be increased
in 1988 and subsequent years according to the increase in the
implicit price deflator as provided in section 298.24,
subdivision 1. The amount distributed pursuant to this clause
shall be expended within or for the benefit of a tax relief area
defined in section 273.134. No part of the fund provided in
this clause may be used to provide loans for the operation of
private business unless the loan is approved by the governor and
the legislative advisory commission.
(7) (a) .20 cent per taxable ton shall be paid to the range
association of municipalities and schools, for the purpose of
providing an areawide approach to problems which demand
coordinated and cooperative actions and which are common to
those areas of northeast Minnesota affected by operations
involved in mining iron ore and taconite and producing
concentrate therefrom, and for the purpose of promoting the
general welfare and economic development of the cities, towns
and school districts within the iron range area of northeast
Minnesota.
(b) 1.5 cents per taxable ton shall be paid to the
northeast Minnesota economic protection trust fund.
(8) the amounts determined under clauses (5)(a) and (7)(b)
shall be increased in 1979 and subsequent years prior to 1988 in
the same proportion as the increase in the steel mill products
index as provided in section 298.24, subdivision 1. Those
amounts shall be increased in 1988 and subsequent years in the
same proportion as the increase in the implicit price deflator
as provided in section 298.24, subdivision 1.
The amounts distributions per ton determined under clauses
(4)(a), (4)(c), (5)(b), and (5)(c) for distribution in 1987 1988
and subsequent years shall be the amount distribution per ton
determined for distribution in 1986 under Minnesota Statutes
1985 Supplement, section 298.28, subdivision 1, clauses (4)(a),
(4)(c), and (5)(b) 1987.
(9) the proceeds of the tax imposed by section 298.24 which
remain after the distributions and payments in clauses (1) to
(8), as certified by the commissioner of revenue, and parts (a)
and (b) of this clause have been made, together with interest
earned on all money distributed under this subdivision prior to
distribution, shall be divided between the taconite
environmental protection fund created in section 298.223 and the
northeast Minnesota economic protection trust fund created in
section 298.292 as follows: Two-thirds to the taconite
environmental protection fund and one-third to the northeast
Minnesota economic protection trust fund. The proceeds shall be
placed in the respective special accounts.
(a) There shall be distributed to each city, town, school
district, and county the amount that they received under section
294.26 in calendar year 1977; provided, however, that the amount
distributed in 1981 to the unorganized territory number 2 of
Lake county and the town of Beaver Bay based on the
between-terminal trackage of Erie Mining Company will be
distributed in 1982 and subsequent years to the unorganized
territory number 2 of Lake county and the towns of Beaver Bay
and Stony River based on the miles of track of Erie Mining
Company in each taxing district.
(b) There shall be distributed to the iron range resources
and rehabilitation board the amounts it received in 1977 under
section 298.22.
On or before October 10 of each calendar year each producer
of taconite or iron sulphides subject to taxation under section
298.24 (hereinafter called "taxpayer") shall file with the
commissioner of revenue an estimate of the amount of tax which
would be payable by such taxpayer under said law for such
calendar year; provided such estimate shall be in an amount not
less than the amount due on the mining and production of
concentrates up to September 30 of said year plus the amount
becoming due because of probable production between September 30
and December 31 of said year, less any credit allowable as
hereinafter provided. The commissioner of revenue shall
annually on or before October 10 report an estimated
distribution amount to each taxing district and the officers
with whom such report is so filed shall use the amount so
indicated as being distributable to each taxing district in
computing the permissible tax levy of such county or city in the
year in which such estimate is made, and payable in the next
ensuing calendar year, except that one cent per taxable ton of
the amount distributed under clause (4)(c) shall not be deducted
in calculating the permissible levy. In any calendar year in
which a general property tax levy subject to sections 275.50 to
275.59 has been made, if the taxes distributable to any such
county or city are greater than the amount estimated by the
commissioner to be paid to any such county or city in such year,
the excess of such distribution shall be held in a special fund
by the county or city and shall not be expended until the
succeeding calendar year, and shall be included in computing the
permissible levies under sections 275.50 to 275.59, of such
county or city payable in such year. If the amounts
distributable to any such county or city after final
determination by the commissioner of revenue under this section
are less than the amounts by which a taxing district's levies
were reduced pursuant to this section, such county or city may
issue certificates of indebtedness in the amount of the
shortage, and may include in its next tax levy, in excess of the
limitations of sections 275.50 to 275.59 an amount sufficient to
pay such certificates of indebtedness and interest thereon, or,
if no certificates were issued, an amount equal to such shortage.
Sec. 39. Laws 1986, chapter 441, section 15, is amended to
read:
Sec. 15. [EFFECTIVE DATE.]
Except as otherwise specifically provided, section 1 is
effective for distributions received and levies certified in
1987 and subsequent years, except that the change from the
commissioner of finance to the St. Louis county auditor shall be
effective for distributions in 1986 and subsequent years.
Sections 1, 10, 12, and 13 are effective for distributions in
1987 and subsequent years, except that the changes in paragraph
3 of section 298.28, subdivision 1, are effective for
distributors in 1988 and subsequent years. Sections 2, 3, and 4
are effective for taxes levied in 1986, payable in 1987, and
thereafter. Sections 5 and 6 are effective for gross earnings
derived after December 31, 1986. Sections 7 and 8 are effective
for purchases and use made after May 1, 1986, provided that the
first refunds for construction materials and supplies due as a
result of the exemption under section 8 may not be paid by the
commissioner before July 15, 1987. Except as otherwise
provided, section 9 is effective for ores mined or produced
after December 31, 1986.
Sec. 40. [CORRECTION.] Subdivision 1. [DRAFTING ERROR.]
Minnesota Statutes 1984, section 424A.001, subdivision 7, as
added by Laws 1986, chapter 359, section 19, is amended to read:
Subd. 7. [FIDUCIARY RESPONSIBILITY.] In the discharge of
their respective duties, the officers and trustees shall be held
to the standard of care enumerated in section 11A.09.
Each member of the board is a fiduciary. No fiduciary of a
relief association shall cause a relief association to engage in
a transaction if the fiduciary knows or should know that a
transaction constitutes one of the following direct or indirect
transactions:
(1) sale or exchange or leasing of any real property
between the relief association and a board member;
(2) lending of money or other extension of credit between
the relief association and a board member or member of the
relief association;
(3) furnishing of goods, services, or facilities between
the relief association and a board member or member of the
relief association; or
(4) transfer to a board member, or use by or for the
benefit of a board member, of any assets of the relief
association. Transfer of assets does not mean the payment of
relief association benefits or administrative expenses permitted
by law.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day after final enactment.
Sec. 41. [CORRECTION.] Subdivision 1. [REPEALER.] Laws
1986, chapter 399, article 2, is repealed.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following final enactment.
Sec. 42. [CORRECTION.] Subdivision 1. [AMENDMENT.]
Minnesota Statutes 1984, section 487.191, is amended to read:
487.191 [MERGER WITH DISTRICT COURTS.]
Except in the second, third, fourth, and seventh judicial
districts, one year following certification to the secretary of
state of intention to reorganize the trial courts by a majority
of the district judges and a majority of the county or county
municipal judges of a judicial district, there shall be one
general trial court of the judicial district to be known as the
district court, which shall also be a probate court. In
the second, third, fourth, and seventh judicial districts, the
judicial district reorganization shall become effective three
months after certification to the secretary of state of
intention to reorganize the trial courts by a majority of the
district judges and a majority of the county judges of
the second, third, fourth, and seventh judicial districts.
Upon the effective date of a judicial district
reorganization, the district court, except in the second and
fourth districts, shall also exercise the powers, duties, and
jurisdiction conferred upon courts by chapters 260, 484, 487,
491, 492, 493, and 525.
Upon the effective date of a judicial district
reorganization of the second or fourth districts, the district
court shall also exercise the powers conferred upon courts by
chapters 488A, 492, and 493.
Notwithstanding any other law, the county or county
municipal judges of the district in office on the effective date
of a reorganization shall be district judges and shall continue
in office for the balance of the term for which they were
elected or appointed and shall be entitled to run for reelection
district-wide as incumbent judges of the district court. If a
reorganization plan from the fourth judicial district is
certified to the secretary of state prior to July 1, 1986, all
candidates for judgeships in the fourth judicial district shall
file and run for the office of district judge as if a
reorganization plan, filed pursuant to this section, were in
effect.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective one
day after final enactment.
Sec. 43. [CORRECTION.] Subdivision 1. [CLARIFICATION.]
Laws 1986, chapter 455, section 21, subdivision 1, is amended to
read:
Subdivision 1. [CREATION.] The Minnesota joint
underwriting association is created to provide insurance
coverage to any person or entity unable to obtain insurance
through ordinary methods if the insurance is required by
statute, ordinance, or otherwise required by law, or is
necessary to earn a livelihood or conduct a business and serves
a public purpose. Prudent business practice or mere desire to
have insurance coverage is not a sufficient standard for the
association to offer insurance coverage to a person or entity.
The association shall be specifically authorized to provide
insurance coverage to day care providers, foster parents, foster
homes, developmental achievement centers, group homes, and
sheltered workshops for mentally, emotionally, or physically
handicapped persons, and citizen participation groups
established pursuant to the housing and community redevelopment
act of 1974, Public Law Number 93-383. Because the activities
of certain persons or entities present a risk that is so great,
the association shall not offer insurance coverage to any person
or entity the board of directors of the association determines
is outside the intended scope and purpose of the association
because of the gravity of the risk of offering insurance
coverage. The association shall not offer environmental
impairment liability or product liability insurance, or. The
association shall not offer coverage for activities that are
conducted substantially outside the state of Minnesota unless
the insurance is required by statute, ordinance, or otherwise
required by law. Every insurer authorized to write property and
casualty insurance in this state shall be a member of the
association as a condition to obtaining and retaining a license
to write insurance in this state.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
retroactively to March 26, 1986.
Sec. 44. [CORRECTION.] Subdivision 1. [DRAFTING ERROR.]
Laws 1986, chapter 398, article 2, section 3, subdivision 2, is
amended to read:
Subd. 2. [HOMESTEAD DESIGNATION NOTICE.] (a) The following
notice must be included in the foreclosure notice of property
containing a homestead that is served on the mortgagor under
section 580.04. The notice must be in 10 point capitalized
letters.
"PART OF THE PROPERTY TO BE SOLD CONTAINS YOUR HOUSE. YOU
MAY DESIGNATE THE AREA OF A HOMESTEAD TO BE SOLD AND REDEEMED
SEPARATELY.
YOU MAY DESIGNATE THE HOUSE YOU OCCUPY AND ANY AMOUNT OF
THE PROPERTY AS A HOMESTEAD. THE DESIGNATED HOMESTEAD PROPERTY
MUST CONFORM TO THE LOCAL ZONING ORDINANCES AND BE COMPACT SO
THAT IT DOES NOT UNREASONABLY REDUCE THE VALUE OF THE REMAINING
PROPERTY.
YOU MUST PROVIDE THE PERSON FORECLOSING ON THE PROPERTY,
THE SHERIFF, AND THE COUNTY RECORDER WITH A COPY OF THE LEGAL
DESCRIPTION OF THE HOMESTEAD YOU HAVE DESIGNATED BY TEN BUSINESS
DAYS BEFORE THE DATE THE PROPERTY IS TO BE SOLD."
(b) The following notice must be served with the summons
and complaint in an action to foreclose a mortgage of property
containing a homestead under chapter 581. The notice must be in
10 point capitalized letters.
"PART OF THE PROPERTY TO BE SOLD CONTAINS YOUR HOUSE. YOU
MAY DESIGNATE THE AREA OF A HOMESTEAD TO BE SOLD AND REDEEMED
SEPARATELY.
YOU MAY DESIGNATE THE HOUSE YOU OCCUPY AND UP TO 80 ACRES
ANY AMOUNT OF THE PROPERTY AS A HOMESTEAD. THE DESIGNATED
HOMESTEAD PROPERTY MUST CONFORM TO THE LOCAL ZONING ORDINANCES
AND BE COMPACT SO THAT IT DOES NOT UNREASONABLY REDUCE THE VALUE
OF THE REMAINING PROPERTY.
YOU MUST PROVIDE THE COURT WITH A LEGAL DESCRIPTION OF THE
HOMESTEAD YOU HAVE DESIGNATED."
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
March 22, 1986.
Sec. 45. [CORRECTION.] Subdivision 1. [INCORRECT
REFERENCE.] Laws 1986, chapter 398, article 6, section 2,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION.] "Administration" means the
Minnesota rural finance administration created in section 3 4.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
March 22, 1986.
Sec. 46. [CORRECTION.] Subdivision 1. [DRAFTING ERROR.]
Laws 1986, chapter 398, article 29, section 1, subdivision 7, is
amended to read:
Subd. 7. [AVTI AND UNIVERSITY OF MINNESOTA TECHNICAL
COLLEGES TUITION SUPPLEMENT.] $1,350,000 is appropriated from
the general fund to the state board of vocational technical
education, for the biennium ending June 30, 1987, for the
following services in proportions deemed necessary by the board
to the agricultural area vocational technical institutes and the
University of Minnesota two-year technical colleges for:
(1) reduced tuition costs for existing farm business
management and small business management programs; and
(2) additional farm business management programs and
workshops.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
March 22, 1986.
Sec. 47. [CORRECTION.] Subdivision 1. [POSITION
EXTENSION.] Notwithstanding any other law to the contrary, four
workers' compensation fund positions in the department of labor
and industry are continued for fiscal year 1987.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day after final enactment.
Sec. 48. [CORRECTION.] Subdivision 1. [LIMITATION
NECESSARY.] Laws 1986, chapter 358, section 12, is amended to
read:
Sec. 12. Minnesota Statutes 1984, section 82.24,
subdivision 2, is amended to read:
Subd. 2. [LICENSEE ACTING AS PRINCIPAL.] Any licensed real
estate broker or salesperson acting in the capacity of principal
in the sale or rental of interests in real estate owned or
rented by him shall deposit in a Minnesota bank or trust
company, any foreign bank which authorizes the commissioner to
examine its records of the deposits, or an industrial loan and
thrift company organized under chapter 53 with deposit
liabilities, in a trust account, those parts of all payments
received on contracts that are necessary to meet any amounts
concurrently due and payable on any existing mortgages,
contracts for deed or other conveyancing instruments, and
reserve for taxes and insurance or any other encumbrance on the
receipts. The deposits must be maintained until disbursement is
made under the terms of the encumbrance and proper accounting on
the property made to the parties entitled to an accounting. The
provisions of this subdivision relating to rental of interests
in real estate apply only to single family residential property.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1986.
Sec. 49. [CORRECTION.] Minnesota Statutes 1984, section
298.22, subdivision 3, is amended to read:
Subd. 3. Whenever the commissioner of iron range resources
and rehabilitation has made determinations required by
subdivision 1 and has determined that distress and unemployment
exists or may exist in the future in any county by reason of the
removal of the natural resources or a possible limited use
thereof in the future and the decrease in employment resulting
therefrom and he deems that the acquirement of real estate or
personal property is necessary and proper in the development of
the remaining resources, he may acquire such property or
interests therein by gift, purchase or lease. The commissioner
may purchase insurance to protect any property acquired from
loss or damage by fire, or to protect the commissioner from any
liability the commissioner may incur by reason of ownership of
the property, or both. If after such property is acquired it is
necessary in the judgment of the commissioner to acquire a right
of way for access to projects operated on property acquired, by
gift, purchase or lease, said right of way may be acquired by
condemnation in the manner provided by law.
Sec. 50. [CORRECTION.] Subdivision 1. [OMITTED EFFECTIVE
DATE.] 1986 Regular Session H.F. No. 1886, section 21, is
amended to read:
Sec. 21. [EFFECTIVE DATES.]
Subdivision 1. Sections 1 and 2 are effective the day
after the governing bodies of the city of Minneapolis and
Hennepin county comply with Minnesota Statutes, section 645.021,
subdivision 3.
Subd. 2. Sections 3 to 8 are effective for assessments in
1986 and thereafter.
Subd. 3. Section 9 is effective retroactive to August 1,
1985.
Subd. 4. Sections 10 and 11 are effective for assessments
prepared after the date of final enactment of this act.
Subd. 5. Sections 15 to 20 are effective the day after the
governing body of the city of Minneapolis complies with
Minnesota Statutes, section 645.021, subdivision 3.
Subd. 6. Sections 12 to 14 are effective the day following
final enactment.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following final enactment.
Sec. 51. [CORRECTION.] Subdivision 1. Minnesota Statutes
1985 Supplement, section 256.969, subdivision 2, as amended by
Laws 1986, chapter 420, section 6, is amended to read:
Subd. 2. [RATES FOR INPATIENT HOSPITALS.] Rates paid to
inpatient hospitals shall be based on a rate per admission until
the commissioner can begin to reimburse hospitals for services
under the medical assistance and general assistance medical care
programs based upon a diagnostic classification system
appropriate to the service populations. On July 1, 1984, the
commissioner shall begin to utilize to the extent possible
existing classification systems, including medicare. The
commissioner may incorporate the grouping of hospitals with
similar characteristics for uniform rates upon the development
and implementation of the diagnostic classification system.
Prior to implementation of the diagnostic classification system,
the commissioner shall report the proposed grouping of hospitals
to the senate health and human services committee and the house
health and welfare committee. Effective August 1, 1985, the
computation of the base year cost per admission and the
computation of the relative values of the diagnostic categories
must include identified outlier cases and their weighted costs
up to the point that they become outlier cases, but must exclude
costs and days beyond that point. Claims paid for care provided
on or after August 1, 1985, may shall be adjusted to reflect a
recomputation of rates. The commissioner shall may reconstitute
the diagnostic categories to reflect actual hospital practices,
the specific character of specialty hospitals, or to reduce
variances within the diagnostic categories after notice in the
state register and a 30 day comment period. After May 1, 1986,
acute care hospital billings under the medical assistance and
general assistance medical care programs must not be submitted
until the recipient is discharged. However, the commissioner
shall establish monthly interim payments with inpatient
hospitals that have individual patient lengths of stay in excess
of 30 days regardless of diagnosis-related group. For purposes
of establishing interim rates, the commissioner is exempt from
the requirements of chapter 14. Medical assistance and general
assistance medical care reimbursement for treatment of mental
illness shall be reimbursed based upon diagnosis
classifications. The commissioner may selectively contract with
hospitals for services within the diagnostic classifications
relating to mental illness and chemical dependency under
competitive bidding when reasonable geographic access by
recipients can be assured. No physician shall be denied the
privilege of treating a recipient required to utilize a hospital
under contract with the commissioner, as long as the physician
meets credentialing standards of the individual hospital.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following final enactment.
ARTICLE 3
Section 1. Minnesota Statutes 1985 Supplement, section
524.2-109, is amended to read:
524.2-109 [MEANING OF CHILD AND RELATED TERMS.]
If, for purposes of intestate succession, a relationship of
parent and child must be established to determine succession by,
through, or from a person:
(1) An adopted person is the child of an adopting parent
and not of the natural parents except that adoption of a child
by the spouse of a natural parent has no effect on the
relationship between the child and that natural parent. If a
parent dies and a child is subsequently adopted by a stepparent
who is the spouse of a surviving parent, any rights of
inheritance of the child or the child's issue from or through
the deceased parent of the child which exist at the time of the
death of that parent shall not be affected by the adoption.
(2) In cases not covered by clause (1), a person born out
of wedlock is a child of the mother. That person is also a
child of the father, if:
(i) the natural parents participated in a marriage ceremony
before or after the birth of the child, even though the
attempted marriage is void; or
(ii) the paternity is established by an adjudication or by
acknowledgment, consent, or agreement pursuant to sections
257.51 to 257.74 before the death of the father or is
established thereafter by clear and convincing proof, except
that the paternity established under this clause is ineffective
to qualify the father or his kindred to inherit from or through
the child unless the father has openly treated the child as his,
and has not refused to support the child is the child of the
person's parents regardless of the marital status of the parents
and the parent and child relationship may be established under
the parentage act, sections 257.51 to 257.74.
Sec. 2. Minnesota Statutes 1985 Supplement, section
524.2-202, is amended to read:
524.2-202 [AUGMENTED ESTATE.]
The augmented estate means the estate reduced by funeral
and administration expenses, the homestead, family allowances
and exemptions, liens, mortgages, and enforceable claims, to
which is added the sum of the following amounts:
(1) The value of property, other than the homestead,
transferred by the decedent at any time during the marriage, to
or for the benefit of any person other than the surviving
spouse, to the extent that the decedent did not receive adequate
and full consideration in money or money's worth for the
transfer, if the transfer is of any of the following types:
(i) any transfer under which the decedent retained at the
time of death the possession or enjoyment of, or right to income
from, the property;
(ii) any transfer to the extent that the decedent retained
at the time of death a power, either alone or in conjunction
with any other person, to revoke or to consume, invade or
dispose of the principal for his or her own benefit;
(iii) any transfer whereby property is held at the time of
decedent's death by decedent and another with right of
survivorship;
(iv) any transfer made within one year of death of the
decedent to the extent that the aggregate transfers to any one
donee in the year exceeds $30,000.
Any transfer is excluded if made with the written consent
or joinder of the surviving spouse. Property is valued as of
the decedent's death except that property given irrevocably to a
donee during lifetime of the decedent is valued as of the date
the donee came into possession or enjoyment if that occurs first.
Nothing in this section shall cause any life insurance, accident
insurance, joint annuity, or pension or profit-sharing plan
payable to a person other than the surviving spouse to be
included in the augmented estate.
(2) The value of property, other than the homestead, owned
by the surviving spouse at the decedent's death, plus the value
of property transferred by the spouse at any time during
marriage to any person other than the decedent which would have
been includable in the spouse's augmented estate if the
surviving spouse had predeceased the decedent, to the extent the
owned or transferred property is derived from the decedent by
any means other than testate or intestate succession or as an
obligation of support without a full consideration in money or
money's worth. For purposes of this clause:
(i) Property derived from the decedent includes, but is not
limited to, any beneficial interest of the surviving spouse in a
trust created by the decedent during the decedent's lifetime,;
any property appointed to the spouse by the decedent's exercise
of a general or special power of appointment also exercisable in
favor of others than the spouse,; any proceeds of insurance,
including accidental death benefits, on the life of the decedent
attributable to premiums paid by the decedent; any lump sum
immediately payable and the commuted value of the proceeds of
annuity contracts under which the decedent was the primary
annuitant attributable to premiums paid by the decedent; the
commuted value of amounts payable after the decedent's death
under any public or private pension, disability compensation,
benefit, or retirement plan or account, excluding the federal
social security system, by reason of service performed,
disabilities incurred, or deposits made by the decedent; any
property held at the time of decedent's death by decedent and
the surviving spouse with right of survivorship,; any property
held by decedent and transferred by contract to the surviving
spouse by reason of the decedent's death,; and the value of the
share of the surviving spouse resulting from rights in community
property in this or any other state formerly owned with the
decedent. The augmented estate does not include the proceeds of
life insurance payable upon the death of the decedent, in lump
sum or in the form of an annuity, accident insurance, joint
annuity or pension or profit-sharing plan, nor does it include
premiums paid therefor by the decedent or any other person.
(ii) Property owned by the spouse at the decedent's death
is valued as of the date of death. Property transferred by the
spouse is valued at the time the transfer became irrevocable, or
at the decedent's death, whichever occurred first. Income
earned by included property prior to the decedent's death is not
treated as property derived from the decedent.
(iii) Property owned by the surviving spouse as of the
decedent's death of the kind described in clause (2)(i) is
presumed to have been derived from the decedent except to the
extent that the surviving spouse establishes that it was derived
from another source. All other property owned by the surviving
spouse as of the decedent's death, or previously transferred by
the surviving spouse, is presumed not to have been derived from
the decedent except to the extent that an interested party
establishes that it was derived from the decedent.
(3) The value of property paid to, or for the benefit of, a
person other than the surviving spouse as a result of the
decedent's death if the property is any of the following types:
(i) proceeds of insurance, including accidental death
benefits, but excluding (1) insurance required by a judgment and
decree or court order; (2) credit life insurance; (3) insurance
required by the terms of a contract; (4) insurance obtained for
the purpose of discharging any other liability, contingent or
fixed, to the extent the proceeds are used to discharge the
liability; or (5) insurance obtained for a bona fide business
purpose;
(ii) a lump sum immediately payable, or the commuted value
of the proceeds of annuity contracts under which the decedent
was the primary annuitant attributable to premiums paid by the
decedent during the marriage; or
(iii) the commuted value of amounts payable after the
decedent's death under any public or private pension, disability
compensation, benefit, or retirement plan or account, excluding
the federal social security system, by reason of service
performed, disabilities incurred, or deposits made by the
decedent, attributable to premiums or contributions paid by the
decedent during the marriage.
For purposes of this clause, premiums paid by the
decedent's employer, the decedent's partner, a partnership of
which the decedent was a member, or the decedent's creditors,
are deemed to have been paid by the decedent.
Unless the payer of the property has received written
notice of intention to file a petition for the elective share,
the property may be paid, upon request and satisfactory proof of
the decedent's death, to the designated beneficiary of the
property. Payment made discharges the payer from all claims for
the amounts paid. This does not extend to payments made after
the payer has received written notice of intention to file a
petition for the elective share. Unless the notice is withdrawn
by the surviving spouse, the surviving spouse must concur in any
demand for withdrawal.
For an insurer, the written notice of intention to file a
petition for the elective share must be mailed to its home
office by registered mail, return receipt requested, or served
upon the insurer in the same manner as a summons in a civil
action. Upon receipt of written notice of intention to file a
petition for the elective share, an insurer may pay any amounts
owed by it specified in clause (3) to the court in which the
probate proceedings relating to the estate of the decedent are
venued, or if no proceedings have been commenced, to the court
having jurisdiction of decedents' estates located in the county
of the insured's residence. The court shall hold the funds and,
upon its determination under section 524.2-205, subsection (d),
shall order its disbursement in accordance with the
determination. If no petition is filed in the court within the
specified time under section 524.2-205, subsection (a), or if
filed, the demand for an elective share is withdrawn under
section 524.2-205, subsection (c), the court shall order
disbursement to the designated beneficiary. Payment made to the
court discharges the insurer from all claims for the amounts
paid.
Upon petition to the probate court by the designated
beneficiary, the court may order that all or part of the
property be paid to the designated beneficiary in an amount and
subject to conditions consistent with this section.
Sec. 3. Minnesota Statutes 1985 Supplement, section
524.2-205, is amended to read:
524.2-205 [PROCEEDING FOR ELECTIVE SHARE; TIME LIMIT.]
(a) The surviving spouse may elect to take an elective
share in the augmented net estate by filing in the court and
mailing or delivering to the personal representative, if any, a
petition for the elective share within nine months after the
date of death, or within six months after the probate of the
decedent's will, whichever limitation last expires. However,
nonprobate transfers, described in section 524.2-202, clauses
(1) and (3), shall not be included within the augmented estate
for the purpose of computing the elective share, if the petition
is filed later than nine months after death. The court may
extend the time for election as it sees fit for cause shown by
the surviving spouse before the time for election has expired.
(b) The surviving spouse shall give notice of the time and
place set for hearing to persons interested in the estate and to
the distributees and recipients of portions of the augmented net
estate whose interests will be affected by the taking of the
elective share.
(c) The surviving spouse may withdraw his demand for an
elective share at any time before entry of an order by the court
determining the elective share.
(d) After notice and hearing, the court shall determine the
amount of the elective share and shall order its payment from
the assets of the augmented net estate or by contribution as
appears appropriate under section 524.2-207. If it appears that
a fund or property included in the augmented net estate has not
come into the possession of the personal representative, or has
been distributed by the personal representative, the court
nevertheless shall fix the liability of any person who has any
interest in the fund or property or who has possession thereof,
whether as trustee or otherwise. The proceeding may be
maintained against fewer than all persons against whom relief
could be sought, but no person is subject to contribution in any
greater amount than he would have been if relief had been
secured against all persons subject to contribution.
(e) The order or judgment of the court may be enforced as
necessary in suit for contribution or payment in other courts of
this state or other jurisdictions.
(f) Whether or not an election has been made under
subsection (a), the surviving spouse may elect statutory rights
in the homestead by filing in the manner provided in this
section a petition in which the spouse asserts the rights
provided in section 525.145, provided that:
(1) when the homestead is subject to a testamentary
disposition, the filing must be within nine months after the
date of death, or within six months after the probate of the
decedent's will, whichever limitation last expires; or
(2) where the homestead is subject to other disposition,
the filing must be within nine months after the date of death.
The court may extend the time for election for cause shown
by the surviving spouse before the time for filing has expired.
Sec. 4. Minnesota Statutes 1985 Supplement, section
525.145, is amended to read:
525.145 [DESCENT OF HOMESTEAD.]
(1) Where there is a surviving spouse the homestead,
including a manufactured home which is the family residence,
shall descend free from any testamentary or other disposition
thereof to which the spouse has not consented in writing or by
election to take under the will as provided by law, as follows:
(a) if there be no surviving child or issue of any deceased
child, to the spouse;
(b) if there be children or issue of deceased children
surviving, then to the spouse for the term of the spouse's
natural life and the remainder in equal shares to the children
and the issue of deceased children by right of representation.
(2) Where there is no surviving spouse and the homestead
has not been disposed of by will it shall descend as other real
estate.
(3) Where the homestead passes by descent or will to the
spouse or children or issue of deceased children, it shall be
exempt from all debts which were not valid charges thereon at
the time of decedent's death except that the homestead shall be
subject to a claim filed pursuant to section 246.53 for state
hospital care or 256B.15 for medical assistance benefits. If
the homestead passes to a person other than a spouse or child or
issue of a deceased child, it shall be subject to the payment of
the items mentioned in section 524.2-101. No lien or other
charge against any homestead which is so exempted shall be
enforced in the probate court, but the claimant may enforce the
lien or charge by an appropriate action in the district court.
(4) For purposes of this section, except as provided in
section 524.2-301, the surviving spouse is deemed to consent to
any testamentary or other disposition of the homestead to which
the spouse has not previously consented in writing unless the
spouse files in the manner provided in section 524.2-205,
subsection (f), a petition that asserts the homestead rights
provided to the spouse by this section.
Sec. 5. Minnesota Statutes 1984, section 525.539, is
amended by adding a subdivision to read:
Subd. 7. [BEST INTERESTS OF THE WARD OR CONSERVATEE.]
"Best interests of the ward or conservatee" means all relevant
factors to be considered or evaluated by the court in nominating
a guardian or conservator, including but not limited to:
(1) the reasonable preference of the ward or conservatee,
if the court determines the ward or conservatee has sufficient
capacity to express a preference;
(2) the interaction between the proposed guardian or
conservator and the ward or conservatee; and
(3) the interest and commitment of the proposed guardian or
conservator in promoting the welfare of the ward or conservatee
and the proposed guardian's or conservator's ability to maintain
a current understanding of the ward's or conservatee's physical
and mental status and needs. In the case of a ward or a
conservatorship of the person, welfare includes:
(i) food, clothing, shelter, and appropriate medical care;
(ii) social, emotional, religious, and recreational
requirements; and
(iii) training, education, and rehabilitation.
Kinship is not a conclusive factor in determining the best
interests of the ward or conservatee but should be considered to
the extent that it is relevant to the other factors contained in
this subdivision.
Sec. 6. Minnesota Statutes 1984, section 525.544, is
amended to read:
525.544 [PLANNING PROVISIONS NOMINATION OR APPOINTMENT OF
GUARDIAN OR CONSERVATOR.]
Subdivision 1. [BY PROPOSED WARD OR CONSERVATEE.] In the
petition or in a written instrument executed before or after the
petition is filed, the person proposed ward or conservatee may,
if at the time of signing the same, he the person has sufficient
capacity to form an intelligent preference, nominate a
conservator or guardian or give instructions to the conservator
or guardian or he may do both. The written instrument shall be
executed and attested in the same manner as a will. The court
shall appoint the person so nominated as conservator or guardian
and shall charge him the person with the instructions, unless
the court finds that the appointment of the nominee or the
instructions or both are not in the best interests of the person
to be placed under conservatorship or guardianship proposed ward
or conservatee.
Subd. 2. [OTHER CASES.] When any person If the proposed
ward or conservatee lacks capacity or fails to nominate a
conservator or guardian, the court may appoint any a qualified
person if the court finds that the person's appointment is in
the best interests of the proposed ward or conservatee. The
court shall consider the interest of a prospective guardian or
conservator in the welfare of the proposed ward or conservatee.
Kinship, while a factor, shall not be conclusive in making the
appointment. If the proposed ward or conservatee lacks capacity
or fails to give instructions, the court may give such the
guardian or conservator powers as required in accordance with
section 525.56.
Sec. 7. Minnesota Statutes 1984, section 525.551,
subdivision 5, is amended to read:
Subd. 5. [FINDINGS.] In all cases the court shall find the
facts specifically make specific written findings of fact, state
separately its conclusions of law thereon, and direct the entry
of an appropriate judgment or order.
If upon completion of the hearing and consideration of the
record the court finds: (a) that the requirements for the
voluntary appointment of a conservator or guardian have been
met, or (b) (1) that the proposed ward or conservatee is
incapacitated as defined in section 525.54; and (2) in need of
the supervision and protection of a guardian or conservator; and
(3) that no appropriate alternatives to the guardianship or
conservatorship exist which are less restrictive of the person's
civil rights and liberties, such as those set forth in section
525.54, subdivision 7, it shall enter its order or judgment
granting all of the powers set out in section 525.56,
subdivision 3, in the case of a guardian of the person, and
section 525.56, subdivision 4, in the case of a guardian of the
estate, or specifying the powers of the conservator pursuant to
section 525.56. The court shall make a finding that appointment
of the person chosen as guardian or conservator is in the best
interests of the ward or conservatee. Except as provided in
section 525.544, subdivision 1, if more than one person has
petitioned the court to serve as guardian or conservator, or if
the petition is contested, the court shall make a finding that
the person to be appointed as guardian or conservator is the
most suitable and best qualified person among those who have
indicated to the court that they are available and willing to
discharge the trust are available before making the appointment.
The court's finding as to the best available guardian must
specifically address the reasons for the court's determination
that the appointment of that person is in the best interests of
the ward or conservatee.
The court may enumerate in its findings which legal rights
the proposed ward or conservatee is incapable of exercising.
Sec. 8. Minnesota Statutes 1984, section 525.61, is
amended to read:
525.61 [RESTORATION TO CAPACITY; MODIFICATION OF
GUARDIANSHIP OR CONSERVATORSHIP.]
Subdivision 1. [GENERAL.] Any adult person who is under
guardianship or conservatorship or his guardian or conservator,
or any other person may petition the court in which he was so
adjudicated to be restored to capacity or to have a guardianship
transferred to a conservatorship or to modify the guardianship
or conservatorship. Upon the filing of the petition, the court
shall fix the time and place for the hearing thereof, notice of
which shall be given to the ward or conservatee, guardian or
conservator, and to those other persons and in a manner provided
in section 525.55.
Subd. 2. [RESTORATION TO CAPACITY.] To obtain an order of
restoration to capacity the petitioner must prove by a
preponderance of the evidence that the ward or conservatee is no
longer incapacitated as defined in section 525.54, and is able
to make provisions for his care or manage his property. If a
ward or conservatee has the functional ability to care for
himself or for his property, or to make provisions for his care
or the care of his property, the fact that he may be impaired to
some extent by a mental condition shall not preclude his
restoration to capacity. In any proceedings for restoration,
the court may appoint one person duly licensed by a health
related licensing board and one accredited social worker with
expertise in evaluating persons who have the disabilities
similar to those found to be the reason for the ward's or
conservatee's incapacity, to assist in the determination of his
mental condition and functional ability to care for himself or
his property. The court shall allow and order paid to each
health professional and social worker a reasonable sum for his
services. Upon the order, the county auditor shall issue a
warrant on the county treasurer for the payment thereof.
Subd. 3. [APPOINTMENT OF NEW GUARDIAN OR
CONSERVATOR.] Upon a motion to remove a guardian or conservator
and appoint a new guardian or conservator, the court shall
consider whether the existing guardian or conservator has
performed the applicable duties and whether the continued
appointment of the guardian or conservator is in the best
interests of the ward or conservatee. The court shall appoint a
new guardian or conservator if it finds that:
(1) the existing guardian or conservator has failed to
perform the duties associated with the guardianship or
conservatorship or to provide for the best interests of the ward
or conservatee; and
(2) the best interests of the ward or conservatee will be
better served by the appointment of a new guardian or
conservator.
The court's decision must include the specific findings
required by section 525.551, subdivision 5.
Sec. 9. [EFFECTIVE DATE.]
Article 3, sections 1 to 4 are effective for estates of
decedents dying after December 31, 1986.
Laws 1986, chapter 442, sections 8 and 10 are effective
August 1, 1987.
ARTICLE 4
Section 1. Minnesota Statutes 1984, section 16A.72, is
amended to read:
16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.]
All income, including fees or receipts of any nature, shall
be credited to the general fund, except:
(1) federal aid;
(2) contributions, or reimbursements received for any
account of any division or department for which an appropriation
is made by law;
(3) income to the University of Minnesota;
(4) income to revolving funds now established in
institutions under the control of the commissioners of
corrections or human services;
(5) investment earnings resulting from the master lease
program, except that the amount credited to another fund or
account may not exceed the amount of the additional expense
incurred by that fund or account through participation in the
master lease program;
(6) receipts from the operation of patients' and inmates'
stores and vending machines, which shall be deposited in the
social welfare fund in each institution for the benefit of the
patients and inmates;
(6) (7) money received in payment for services of inmate
labor employed in the industries carried on in the state
correctional facilities which receipts shall be credited to the
current expense fund of those facilities;
(7) (8) as provided in sections 16B.57 and 85.22; or
(8) (9) as otherwise provided by law.
Sec. 2. Minnesota Statutes 1985 Supplement, 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) 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) [MINED UNDERGROUND SPACE.] Nothing in the state
building codes shall prevent cities from adopting regulations
governing the excavation, construction, reconstruction,
alteration and repair of mined underground space pursuant to
sections 472B.03 to 472B.07, 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.
(f) 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.
Sec. 3. Minnesota Statutes 1984, section 44A.01,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] (a) A world trade center
board is created to facilitate and support Minnesota world trade
center programs and services and promote the growth of
international trade in Minnesota. The world trade center board
consists of nine voting members and four legislators serving as
nonvoting members. Three members are representatives of the
membership of the Minnesota world trade center, one member is a
representative of the international business community, and one
member is a representative of the agricultural community.
(b) The initial voting members are appointed by the
governor with the advice and consent of the senate for a term
expiring. The terms of five of the initial voting members shall
expire the first Monday in January 1987. The terms of the
remaining four initial voting members shall expire the first
Monday in January 1989. A vacancy is filled in the same manner
as the appointment.
(c) Legislator members are two members of the senate
appointed under the rules of the senate and two members of the
house of representatives appointed by the speaker. Except for
the initial members, who are to be appointed following
enactment, they are appointed at the beginning of each regular
session of the legislature for two-year terms. A legislator who
remains a member of the body from which he was appointed may
serve until a successor is appointed and qualifies. A vacancy
in a legislator member's term is filled for the unexpired
portion of the term in the same manner as the original
appointment.
Sec. 4. Minnesota Statutes 1984, section 44A.02, is
amended to read:
44A.02 [EXECUTIVE DIRECTOR PRESIDENT.]
Subdivision 1. [SELECTION.] The executive director
president of the world trade center board is selected by a
majority of the board and serves at the pleasure of the board.
The executive director president must be familiar with the
international business community, and have demonstrated
proficiency in communication skills, administration and
management, and public and private joint ventures. The salary
of the executive director president is set by the board within
the limit set by sections 15A.081, subdivision 1, and 43A.17.
Subd. 2. [DUTIES.] The executive director president is the
chief administrative officer of the board and is responsible for
performing the executive duties of the board. The executive
director president is not a member of the board.
Subd. 3. [EMPLOYEES.] The executive director president may
appoint unclassified employees in accordance with chapter 43A
and prescribe their duties. The executive director president
may delegate to a subordinate the exercise of specified
statutory powers or duties as the executive director president
deems advisable, subject to the control of the executive
director president.
Sec. 5. [44A.031] [PROMOTIONAL EXPENSES.]
The world trade center board may expend money in the world
trade center fund, and any other money appropriated by the
legislature, for the purpose of promotion of world trade in
Minnesota. Promotional expenses include, but are not limited
to, expenses for the food, lodging and travel of consultants and
speakers hired by the board, and publications and other forms of
advertising. Promotional expenditures may be made in the same
manner as expenditures made by private persons, firms,
corporations, or associations for similar purposes, and are not
subject to regulation by the commissioner of employee relations.
Sec. 6. Minnesota Statutes 1984, section 44A.07,
subdivision 1, is amended to read:
Subdivision 1. [SERVICES.] The world trade center board
may:
(1) define, formulate, administer, and deliver programs and
services through the world trade center;
(2) provide and contract for services and programs through
the world trade center, including: a library and research
service providing information on world trade; a trade lead
service, providing and authenticating information about
international trade opportunities; a club for world trade center
club members; telecommunications services; translation and
interpretation services; temporary secretarial and other
business services; language instruction; educational conferences
and seminars; and other programs and services that serve the
purposes of the world trade center, in the determination of the
board;
(3) establish and charge fees for services and programs
provided without regard to chapter 14 and section 16A.128;
(4) establish membership requirements for Minnesota world
trade center operations without regard to chapter 14;
(5) establish satellite operations of the Minnesota world
trade center;
(6) maintain active membership in the world trade center
association;
(7) create an international communication network to
coordinate international trade information and activities;
(8) compile international trade information from, among
other places, the United States Department of Commerce and
private sources, and provide marketing information to business
persons;
(9) assist public and private universities or colleges to
develop undergraduate or graduate level education programs to
train persons regarding export trading; and
(10) coordinate the international trading activities of
state and local agencies and organizations.
Sec. 7. [44A.08] [SERVICE INFORMATION; CLASSIFICATION OF
DATA.]
Subdivision 1. [SERVICE INFORMATION.] Information,
including data bases, purchased by the board or developed by the
board for sale pursuant to section 44A.07, is not subject to
chapter 13.
Subd. 2. [CLASSIFICATION OF DATA.] For purposes of this
subdivision, "business transaction" means a transaction between
parties other than the board. The following data received or
developed by the board is private with respect to data on
individuals and nonpublic with respect to data not on
individuals:
(1) Data relating to the financial condition of individuals
or businesses receiving or performing services by or on behalf
of the board.
(2) At the request of either party to the transaction data
on business transactions.
(3) At the request of the person or business seeking the
information, the identities of persons or businesses requesting
business or trade information from the board, and the nature of
the trade information.
Sec. 8. [138.97] [LABOR INTERPRETATIVE CENTER.]
Subdivision 1. [PUBLIC POLICY.] The legislature declares
that it is an important purpose and function of state government
to preserve and interpret the story of the worker and their
institutions in Minnesota and enrich the people's knowledge of
the many contributions of the labor movement and how the history
of working people in Minnesota has shaped the state's history.
Subd. 2. [ESTABLISHMENT.] There is established a labor
interpretative center as a part of the Minnesota historical
society's state history center within the state capitol complex
as defined in Minnesota Statutes, section 15.50, subdivision 2.
Subd. 3. [GOVERNANCE.] The center shall be developed
during its planning phase under the guidance of a labor
interpretative task force whose chair is appointed by the
governor. The chair shall select the members of the task
force. The task force shall complete its work within 18 months
of the effective date of this section. The task force shall
dissolve after the 18 months or when its work is completed,
whichever is sooner. An advisory council shall be appointed by
the director of the Minnesota historical society after the
dissolution of the task force to assist the director with the
operation of the center.
Subd. 4. [ADMINISTRATION.] The center shall be
administered by an administrator appointed by the director of
the Minnesota historical society. The administrator will be
chosen solely on the basis of training, experience, and proven
competence in the field of American labor history.
Subd. 5. [PROGRAM.] The program of the labor
interpretative center may be carried out by exhibit,
audio-visual programs, research, publication, and public
programs, or other activities as recommended by the advisory
council.
Subd. 6. [OPERATION.] The operation of the center shall be
consistent with statutes and policies governing the Minnesota
historical society.
Subd. 7. [FUNDING.] The cost for capital improvements for
the labor interpretative center are not part of the total cost
of the state history center for the purpose of the cost
limitation specified in Laws 1985, first special session chapter
15, section 11.
Sec. 9. Minnesota Statutes 1984, section 169.44, is
amended by adding a subdivision to read:
Subd. 1d. [OPTIONAL SYSTEM.] In addition to equipment
required under subdivision 1a and notwithstanding the provisions
of sections 169.64, a school bus may be equipped with a
driver-activated student control warning system which includes a
high-intensity red flashing signal, an audible warning signal
and a green all-clear signal, and may activate such a system
whenever the use of the stop signal arm and flashing red signals
is required under subdivision 2.
Sec. 10. Minnesota Statutes 1984, section 299F.011, is
amended by adding a subdivision to read:
Subd. 4b. The uniform fire code shall not require
stairways of existing multiple dwelling buildings of two stories
or less to be enclosed. For the purposes of this subdivision
the term "stories" has the meaning given it in the state
building code.
Sec. 11. [CLOQUET WATER SUPPLY; APPROPRIATION.]
Notwithstanding any other law to the contrary, $200,000 of
the appropriation made available by Laws 1982, Third Special
Session chapter 1, article 2, section 2, subdivision 4, clause
(d), for the construction or alteration of the Cloquet water
supply is available to June 30, 1988.
Sec. 12. [APPROPRIATION.]
The appropriation in Laws 1985, First Special Session
chapter 10, section 4, subdivision 10, to the crime victims
reparations board, is available in either year of the biennium.
Sec. 13. [REPEALER.]
Subdivision 1. Laws 1986, chapter 452, section 20, is
repealed.
Subd. 2. Subdivision 1 is effective the day following
final enactment.
Sec. 14. [EFFECTIVE DATE.]
Sections 2 and 10 are effective the day following final
enactment.
Approved April 11, 1986
Official Publication of the State of Minnesota
Revisor of Statutes