Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 603-S.F.No. 2795 
           An act relating to legislative enactments; providing 
          for the correction of miscellaneous oversights, 
          inconsistencies, ambiguities, unintended results, and 
          technical errors of a noncontroversial nature; 
          amending Minnesota Statutes 1990, sections 18B.26, 
          subdivision 3, as amended; 124.155, subdivision 1, as 
          amended; 148B.21, subdivision 7, as added; 169.965, 
          subdivision 8, as added; 256.936, subdivision 2a, as 
          added; 256B.431, subdivision 17, as added; 275.125, 
          subdivision 6k, as added; and 477A.015; Minnesota 
          Statutes 1991 Supplement, sections 16A.711, 
          subdivision 5, as added; 124A.03, subdivision 2b, as 
          added; 256.969, subdivisions 20, as amended, and 21, 
          as amended; 275.065, subdivision 6, as amended; 
          275.125, subdivision 6j, as amended; and 302A.402, 
          subdivision 3; Laws 1992, chapter 382, section 8; 1992 
          House File 1701, by adding sections; House File 1849, 
          article 10, section 28; House File 2121, article 1, 
          section 20; article 5, section 37; article 6, section 
          39; article 8, sections 32 and 33; House File 2147, 
          section 3, subdivision 9; House File 2694, article 4, 
          section 59, subdivision 3; article 5, section 2, 
          subdivision 2; and section 12; article 7, sections 132 
          and 137; House File 2800, article 1, section 6, 
          subdivision 5; sections 9 and 10; House File 2940, 
          article 1, section 3; article 3, section 10; and 
          article 8, by adding a section. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
302A.402, subdivision 3, is amended to read: 
    Subd. 3.  [BY ACTION OF BOARD ALONE; FILING OF ARTICLES OF 
AMENDMENT.] (a) Subject to the restrictions provided in 
subdivision 2 or any restrictions in the articles, a share 
dividend, division, or combination may be effected by action of 
the board alone, without the approval of shareholders under 
sections 302A.135 and 302A.137.  In effecting a division or 
combination under this subdivision, the board may amend the 
articles to increase or decrease the par value of shares, 
increase or decrease the number of authorized shares, and make 
any other change necessary or appropriate to assure that the 
rights or preferences of the holders of outstanding shares of 
any class or series will not be adversely affected by the 
division or combination. 
    (b) If a division or combination that includes an amendment 
of the articles is effected under this subdivision, then 
articles of amendment must be prepared that contain the 
information required by section 302A.139 and a statement that 
the amendment will not adversely affect the rights or 
preferences of the holders of outstanding shares of any class or 
series and will not result in the percentage of authorized 
shares that remains unissued after the division or combination 
exceeding the percentage of authorized shares that were issued 
unissued before the division or combination. 
    Sec. 2.  [CORRECTION 73; DAKOTA COUNTY.] 1992 H.F. 1701, if 
enacted, is amended by adding a section to read: 
    Sec. 23.  [DAKOTA COUNTY; TRANSPORTATION PLANNING.] 
    Subdivision 1.  The Dakota county regional railroad 
authority may transfer any available money of the authority 
generated by local property tax levies and state grants, 
including money in capital accounts, to Dakota county to be 
expended to meet other transportation purposes.  The 
commissioner of transportation shall amend any contract with 
Dakota county providing funds for light rail transit purposes 
under Laws 1989, chapter 269, section 2, subdivision 3, to allow 
the county to use the funds for purposes consistent with this 
section.  
    Subd. 2.  This section takes effect the day following final 
enactment. 
    Sec. 3.  Minnesota Statutes 1990, section 169.965, 
subdivision 8, as added by 1992 H.F. No. 2694, article 1, 
section 21, is amended to read: 
    Subd. 8.  [ALLOCATION OF FINES.] The fines collected in 
Hennepin, St. Louis, and Stevens counties shall be paid into the 
treasury of the University of Minnesota, except that the portion 
of the fines necessary to cover all costs and disbursements 
incurred in processing and prosecuting the violations in the 
court shall be transferred to retained by the court 
administrator in Hennepin and St. Louis counties and by the city 
of Morris in Stevens county. 
    Sec. 4.  [CORRECTION 71; RAILROADS.] 1992 H.F. No. 1701, if 
enacted, is amended by adding a section to read:  
    Sec. 22.  [EFFECTIVE DATE.] 
    This act takes effect the day after final enactment. 
    Sec. 5.  [CORRECTION 51.] Minnesota Statutes 1990, section 
148B.21, subdivision 7, as added by Laws 1992, chapter 460, 
section 14, is amended to read:  
    Subd. 7.  [ESTABLISHMENT OF CANDIDACY STATUS.] (a) The 
board may issue a practice permit to an applicant in the 
following situations, provided the applicant meets all other 
requirements for licensure: 
    (1) the applicant has applied to take the first examination 
for licensure given by the board following either graduation or 
anticipated graduation from an accredited program of social 
work; or 
    (2) the applicant is licensed or certified to practice 
social work in Minnesota or another jurisdiction, meets the 
requirements in section 148B.24, has or is intending to 
establish a residence practice in Minnesota before being able to 
take the next examination for licensure given by the board, and 
has applied to take the same examination. 
    (b) The practice permit is valid until the board takes 
final action on the application, which shall occur within 60 
days of the board's receipt of the applicant's examination 
results.  The board, at its discretion, may extend the practice 
permit if the applicant fails to pass or take the examination.  
If the board determines that an extension of the practice permit 
is not warranted, the applicant must cease practicing social 
work immediately. 
    (c) An applicant who obtains a practice permit, and who has 
applied for a level of licensure which requires supervision upon 
licensure, may practice social work only under the supervision 
of a licensed social worker who is eligible to provide 
supervision under section 148B.18, subdivision 12.  The 
applicant's supervisor must provide evidence to the board, 
before the applicant is approved by the board for licensure, 
that the applicant has practiced social work under supervision.  
This supervision will not apply toward the supervision 
requirement required after licensure. 
    Sec. 6.  [CORRECTION 52; EDUCATION AIDS.] 1992 H.F. No. 
2121, article 8, section 33, if enacted, is amended to read: 
    Sec. 33.  [STATE BOARD GRADUATION RULE.] 
    The state board of education shall report to the education 
committees of the legislature a progress report about the 
proposed high school graduation rule by February 1, 1993, and a 
final report about the proposed rule by January 1, 1994.  
Notwithstanding Minnesota Statutes, section 121.11, subdivision 
12, the state board of education may continue its proceedings to 
adopt a graduation rule but must not take final action under 
Minnesota Statutes, sections 14.131 to 14.20 to adopt the rule 
before July 1, 1994.  The 180-day time limit in Minnesota 
Statutes, section 14.19, does not apply to the rule. 
    Sec. 7.  [CORRECTION 52; EDUCATION AIDS.] Minnesota 
Statutes 1990, section 275.125, subdivision 6k, as added by 1992 
H.F. No. 2121, article 7, section 12, is amended to read: 
    Subd. 6k.  [HEALTH INSURANCE LEVY.] (a) A school district 
may levy the amount necessary to make employer contributions for 
insurance for retired employees under this subdivision.  
Notwithstanding section 121.904, 50 percent of the amount levied 
shall be recognized as revenue for the fiscal year in which the 
levy is certified.  This levy shall not be considered in 
computing the aid reduction under section 124.155. 
    (b) The school board of a joint vocational technical 
district formed under sections 136C.60 to 136C.69 and the school 
board of a school district may provide employer-paid hospital, 
medical, and dental benefits to a person who: 
    (1) is eligible for employer-paid insurance under 
collective bargaining agreements or personnel plans in effect on 
the day before the effective date of this section; 
    (2) has at least 25 years of service credit in the public 
pension plan of which the person is a member on the day before 
retirement or, in the case of a teacher, has a total of at least 
25 years of service credit in the teachers retirement 
association, a first-class city teacher retirement fund, or any 
combination of these; 
    (3) upon retirement is immediately eligible for a 
retirement annuity; 
    (4) is at least 55 and not yet 65 years of age; and 
    (5) retires on or after May 15, 1992, and before July 21, 
1992. 
    A school board paying insurance under this subdivision may 
not exclude any eligible employees. 
    (c) An employee who is eligible both for the health 
insurance benefit under this subdivision and for an early 
retirement incentive under a collective bargaining agreement or 
personnel plan established by the employer must select either 
the early retirement incentive provided under the collective 
bargaining agreement personnel plan or the incentive provided 
under this subdivision, but may not receive both.  For purposes 
of this subdivision, a person retires when the person terminates 
active employment and applies for retirement benefits.  The 
retired employee is eligible for single and dependent coverages 
and employer payments to which the person was entitled 
immediately before retirement, subject to any changes in 
coverage and employer and employee payments through collective 
bargaining or personnel plans, for employees in positions 
equivalent to the position from which the employee retired.  The 
retired employee is not eligible for employer-paid life 
insurance.  Eligibility ceases when the retired employee attains 
the age of 65, or when the employee chooses not to receive the 
retirement benefits for which the employee has applied, or when 
the employee is eligible for employer-paid health insurance from 
a new employer.  Coverages must be coordinated with relevant 
health insurance benefits provided through the federally 
sponsored Medicare program.  
    (d) An employee who retires under this subdivision using 
the rule of 90 must not be included in the calculations required 
by section 356.85. 
    (e) Unilateral implementation of this section by a public 
employer is not an unfair labor practice for purposes of chapter 
179A.  The authority provided in this subdivision for an 
employer to pay health insurance costs for certain retired 
employees is not subject to the limits in section 179A.20, 
subdivision 2a. 
    (f) If a school district levies according to this 
subdivision, it may not also levy according to article 6, 
section 9 13, for eligible employees. 
    Sec. 8.  [CORRECTION 52; EDUCATION AIDS.] 1992 H.F. No. 
2121, article 1, section 20, is amended to read: 
    Sec. 20.  [LOW FUND BALANCE LEVY.] 
    (a) For 1992 taxes payable in 1993, a district meeting the 
qualifications in paragraph (b) may levy an amount not to exceed 
$40 times the number of actual pupil units in the district in 
fiscal year 1993. 
    (b) a district qualifies for a levy under this section if:  
    (1) its net unappropriated operating fund balance on June 
30, 1991, divided by its actual pupil units for fiscal year 1993 
is less than $85; 
    (2) its adjusted net tax capacity used to compute fiscal 
year 1993 general education revenue divided by its fiscal year 
1993 actual pupil units is less than $2,100; and 
    (3) it does not have referendum levy authority under 
Minnesota Statutes, section 124A.03. 
    Notwithstanding Minnesota Statutes, section 121.904, or 
H.F. No. 2121, article 12, section 25, or any other law to the 
contrary, the entire amount of this levy shall be recognized in 
the fiscal year in which the levy is certified.  
    Sec. 9.  [CORRECTION 52; EDUCATION AIDS.] 1992 H.F. No. 
2121, article 5, section 37, is amended to read:  
    Sec. 37.  [EFFECTIVE DATE.] 
    Sections 7, 8, 9, 10, 11, 16, 25, 30, 31, 32, 33, and 36 
are effective the day following final enactment. 
    Section 3 is effective the day following final enactment 
and applies to 1991-1992 and later school years. 
    Section 1 is effective July 1, 1992, and applies to school 
facilities projects submitted to the commissioner on or after 
July 1, 1992. 
    Section 4 is effective July 1, 1993. 
    Sec. 10.  [CORRECTION 52; EDUCATION AIDS.] 1992 H.F. No. 
2121, article 6, section 39, is amended to read: 
    Sec. 39.  [REPEALER.] 
    Subdivision 1.  [JUNE 1991.] Minnesota Statutes 1990, 
section 136D.76, subdivision 3; Minnesota Statutes 1991 
Supplement, sections 124.2727, subdivisions 1, 2, 3, 4, and 5; 
and 136D.90, subdivision 2, are repealed as of June 1, 1991. 
    Subd. 2.  [JULY 1, 1992.] Minnesota Statutes 1990, section 
sections 122.23, subdivisions 16a and 16b, 136D.74, subdivision 
3; Laws 1991, chapter 265, article 6, section 64; Laws 1991, 
chapter 265, article 6, sections 4, 20, 22 to 26, 28, 30 to 33, 
and 41 to 45, are repealed. 
    Subd. 3.  [EXPIRATION.] Minnesota Statutes 1990, chapter 
136D, as amended, sections 121.935, 122.91 to 122.95, 123.351, 
123.358 123.58, and 124.575, and Minnesota Statutes 1991, 
sections 124.2721 and 124.2727 expire as of July 1, 1995. 
    Sec. 11.  [CORRECTION 52; EDUCATION AIDS.] Minnesota 
Statutes 1991 Supplement, section 275.125, subdivision 6j, as 
amended by 1992 H.F. No. 2121, article 7, section 11, is amended 
to read: 
    Subd. 6j.  [LEVY FOR CRIME RELATED COSTS.] For taxes levied 
in 1991 and subsequent years, payable in 1992 and subsequent 
years, each school district may make a levy on all taxable 
property located within the school district for the purposes 
specified in this subdivision.  The maximum amount which may be 
levied for all costs under this subdivision shall be equal to $1 
multiplied by the population of the school district.  For 
purposes of this subdivision, "population" of the school 
district means the same as contained in section 275.14.  The 
proceeds of the levy must be used for reimbursing the cities and 
counties who contract with the school district for the following 
purposes:  (1) to pay the costs incurred for the salaries, 
benefits, and transportation costs of peace officers and 
sheriffs for liaison services in the district's middle and 
secondary schools and (2) to pay the costs for a drug abuse 
prevention program as defined in Minnesota Statutes 1991 
Supplement, section 609.101, subdivision 3, paragraph (f) in the 
elementary schools.  The school district must initially attempt 
to contract for these services with the police department of 
each city or the sheriff's department of the county within the 
school district containing the school receiving the services.  
If a local police department or a county sheriff's department 
does not wish to provide the necessary services, the district 
may contract for these services with any other police or 
sheriff's department located entirely or partially within the 
school district's boundaries.  The levy authorized under this 
subdivision is not included in determining the school district's 
levy limitations and must be disregarded in computing any 
overall levy limitations under sections 275.50 to 275.56 of the 
participating cities or counties. 
    Sec. 12.  [CORRECTION 52; EDUCATION AIDS.] 1992 H.F. No. 
2121, article 8, section 32, is amended to read: 
    Sec. 32.  [LEGISLATIVE COMMITMENT TO A RESULTS-ORIENTED 
GRADUATION RULE.] 
    The legislature is committed to establishing a rigorous, 
results-oriented graduation rule for Minnesota's public school 
students.  To that end, the state board of education shall use 
its rulemaking authority granted under Minnesota Statutes, 
section 121.11, subdivision 12, to adopt a statewide, 
results-oriented graduation rule according to the timeline in 
section 34 33.  The board shall not prescribe in rule or 
otherwise the delivery system, form of instruction, or a single 
statewide form of assessment that local sites must use to meet 
the requirements contained in the rule. 
    Sec. 13. [CORRECTION 52; EDUCATION AIDS.] Minnesota 
Statutes 1991 Supplement, section 124A.03, subdivision 2b, as 
added by 1992 H.F. No. 2121, article 1, section 14, is amended 
to read: 
    Subd. 2b.  [REFERENDUM DATE.] In addition to the referenda 
allowed in subdivision 2, clause (g) (a), the commissioner may 
authorize a referendum for a different day.  
    (a) The commissioner may grant authority to a district to 
hold a referendum on a different day if the district is in 
statutory operating debt and has an approved plan or has 
received an extension from the department to file a plan to 
eliminate the statutory operating debt.  
    (b) The commissioner must approve, deny, or modify each 
district's request for a referendum levy on a different day 
within 60 days of receiving the request from a district. 
    Sec. 14. [CORRECTION 52; EDUCATION AIDS.] Minnesota 
Statutes 1990, section 124.155, subdivision 1, as amended by 
1992 H.F. No. 2121, article 1, section 6, is amended to read: 
    Subdivision 1.  [AMOUNT OF ADJUSTMENT.] Each year state 
aids and credits enumerated in subdivision 2 payable to any 
school district, education district, or secondary vocational 
cooperative for that fiscal year shall be adjusted, in the order 
listed, by an amount equal to (1) the amount the district, 
education district, or secondary vocational cooperative 
recognized as revenue for the prior fiscal year pursuant to 
section 121.904, subdivision 4a, clause (b), plus revenue 
recognized according to section 121.904, subdivision 4e, minus 
(2) the amount the district recognizes as revenue for the 
current fiscal year pursuant to section 121.904, subdivision 4a, 
clause (b), plus revenue recognized according to section 
121.904, subdivision 4e.  For the purposes of making the aid 
adjustment under this subdivision, the amount the district 
recognizes as revenue for either the prior fiscal year or the 
current fiscal year pursuant to section 121.904, subdivision 4a, 
clause (b), plus revenue recognized according to section 
121.904, subdivision 4e, shall not include any amount levied 
pursuant to sections 124A.03, subdivision 2, and 275.125, 
subdivisions 5 5i, 6e, 6i, 6k, and 24; article 6, sections 29 
and 36; article 12, section 25; and section 20 of this article.  
Payment from the permanent school fund shall not be adjusted 
pursuant to this section.  The school district shall be notified 
of the amount of the adjustment made to each payment pursuant to 
this section. 
    Sec. 15.  [CORRECTION 53; LOCAL AIDS.] Minnesota Statutes 
1990, section 477A.015, is amended to read: 
    477A.015 [PAYMENT DATES.] 
    The commissioner of revenue shall make the payments of 
local government aid to affected taxing authorities in two 
installments on July 20 and December 15 26 annually.  
    The commissioner may pay all or part of the payment due on 
December 15 26 at any time after August 15 upon the request of a 
city that requests such payment as being necessary for meeting 
its cash flow needs. 
    Sec. 16.  [CORRECTION 54; AMUSEMENT RIDES.] Laws 1992, 
chapter 382, section 8, is amended to read: 
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective August 1, 1991 1992. 
    Sec. 17.  [CORRECTION 55; APPROPRIATIONS.] 1992 H.F. No. 
2694, article 5, section 2, subdivision 2, if enacted, is 
amended to read: 
Subd. 2.  Human Services 
Administration                        (2,150,000)    (3,939,000)
 Up to $500,000 may be transferred 
within the department as the 
commissioner considers necessary, with 
the advance approval of the 
commissioner of finance. 
 For fiscal year 1993, $75,000 is 
appropriated to the commissioner for a 
cooperative project with Alexandria 
technical college regarding MAXIS 
data.  If the commissioner and the 
college jointly develop a feasible 
project, the commissioner may transfer 
the $75,000 to the college and may 
transfer summary data from the MAXIS 
data system to the college for the 
purpose of developing graphic 
representation of the data for 
legislative and executive branch use, 
as requested, utilizing geographic 
information systems.  For purposes of 
this section, summary data has the 
meaning given it in Minnesota Statutes, 
section 13.02, subdivision 19. 
    Sec. 18.  [CORRECTION 55; APPROPRIATIONS.] 1992 H.F. No. 
2694, article 5, section 12, is amended to read: 
    Sec. 12.  [EFFECTIVE DATE.] 
    Section 11 is effective July 1, 1992.  The remaining 
sections in this article is are effective the day following 
final enactment. 
    Sec. 19.  [CORRECTION 55; APPROPRIATIONS.] Minnesota 
Statutes 1990, section 256B.431, subdivision 17, as added by 
1992 H.F. No. 2694, article 7, section 99, is amended to read: 
    Subd. 17.  [SPECIAL PROVISIONS FOR MORATORIUM EXCEPTIONS.] 
(a) Notwithstanding Minnesota Rules, part 9549.0060, subpart 3, 
for rate periods beginning on October 1, 1992, and for rate 
years beginning after June 30, 1993, a nursing facility that has 
completed a renovation, replacement, or upgrading project 
approved under the moratorium exception process in section 
144A.073 shall be reimbursed for costs directly identified to 
that project as provided in subdivision 16 and this subdivision. 
    (b) Notwithstanding Minnesota Rules, part 9549.0060, 
subpart 5, item A, subitems (1) and (3), and subpart 7, item D, 
allowable interest expense on debt shall include: 
    (1) interest expense on debt related to the cost of 
purchasing or replacing depreciable equipment, excluding 
vehicles, not to exceed six percent of the total historical cost 
of the project; and 
    (2) interest expense on debt related to financing or 
refinancing costs, including costs related to points, loan 
origination fees, financing charges, legal fees, and title 
searches; and issuance costs including bond discounts, bond 
counsel, underwriter's counsel, corporate counsel, printing, and 
financial forecasts. Allowable debt related to items in this 
clause shall not exceed seven percent of the total historical 
cost of the project.  To the extent these costs are financed, 
the straight-line amortization of the costs in this clause is 
not an allowable cost; and 
    (3) interest on debt incurred for the establishment of a 
debt reserve fund, net of the interest earned on the debt 
reserve fund. 
    (c) Debt incurred for costs under paragraph (b) is not 
subject to Minnesota Rules, part 9549.0060, subpart 5, item A, 
subitem (5) or (6). 
    (d) The incremental increase in a nursing facility's rental 
rate, determined under Minnesota Rules, parts 9549.0010 to 
9549.0080, and this section, resulting from the acquisition of 
allowable capital assets, and allowable debt and interest 
expense under this subdivision shall be added to its 
property-related payment rate and shall be effective on the 
first day of the month following the month in which the 
moratorium project was completed. 
    (e) Notwithstanding subdivision 3f, paragraph (a), for rate 
periods beginning on October 1, 1992, and for rate years 
beginning after June 30, 1993, the replacement-costs-new per bed 
limit to be used in Minnesota Rules, part 9549.0060, subpart 4, 
item B, for a nursing facility that has completed a renovation, 
replacement, or upgrading project that has been approved under 
the moratorium exception process in section 144A.073, or that 
has completed an addition to or replacement of buildings, 
attached fixtures, or land improvements for which the total 
historical cost exceeds the lesser of $150,000 or ten percent of 
the most recent appraised value, must be $47,500 per licensed 
bed in multiple-bed rooms and $71,250 per licensed bed in a 
single-bed room.  These amounts must be adjusted annually as 
specified in subdivision 3f, paragraph (a), beginning January 1, 
1993. 
    (f) A nursing facility that completes a project identified 
in this subdivision and, as of April 17, 1992, has not been 
mailed a rate notice with a special appraisal for a completed 
project, or completes a project after April 17, 1992, but before 
September 1, 1992, may elect either to request a special 
reappraisal with the corresponding adjustment to the 
property-related payment rate under the laws in effect on June 
30, 1992, or to submit their capital asset and debt information 
after that date and obtain the property-related payment rate 
adjustment under this section, but not both. 
    Sec. 20.  [CORRECTION 55; APPROPRIATIONS.] 1992 H.F. No. 
2694, article 7, section 132, is amended to read: 
    Sec. 132.  [HEALTH MAINTENANCE ORGANIZATION REIMBURSEMENT.] 
    Effective October 1, 1992, the commissioner shall adjust 
rates paid to a health maintenance organization under contract 
with the commissioner to reflect rate increases provided in 
Minnesota Statutes, section 256.969, subdivisions 1, 9, and 20, 
and 21, and sections 130 and 131.  The adjustment to reflect 
increases under section 256.969, subdivision 9, must be made on 
a nondiscounted basis. 
    Sec. 21.  [CORRECTION 55; APPROPRIATIONS.] 1992 H.F. No. 
2694, article 7, section 137, is amended to read: 
    Sec. 137.  [EFFECTIVE DATES.] 
    Section 39 is effective January 1, 1993.  
    Section 60 is effective the day following final enactment. 
    Sections 9, 15, 16, 18 to 21, 25, 27, 46, 82, 123, and 124 
are effective October 1, 1992. 
    Section 42 is effective July 1, 1992, and applies to 
transfers or payments made on or after that date. 
    Section 130 is not effective in the event that the health 
right program is not enacted into law prior to October 1, 1992.  
In the event the health right program is not enacted into law 
prior to October 1, 1992, the percentage increase in 
reimbursement rates scheduled to be effective October 1, 1992, 
and provided for in section 131 shall not be effective, and the 
commissioner shall implement, effective October 1, 1992, the 
rate increases provided in Minnesota Statutes, section 256B.74, 
subdivision 2 and 5.  
    That portion of section 28 which amends Minnesota Statutes, 
section 256.9695, subdivision 3, paragraph (c), is effective for 
admissions occurring on or after October 1, 1992. 
    The provisions of section 44 relating to prior 
authorization of drugs are effective for all drugs added to the 
list of drugs requiring prior authorization on or after July 1, 
1992. 
    Sec. 22.  [CORRECTION 56; PESTICIDE FEES.] Minnesota 
Statutes 1990, section 18B.26, subdivision 3, as amended by 1992 
H.F. No. 2694, article 2, section 15, if enacted, is amended to 
read: 
    Subd. 3.  [APPLICATION FEE.] (a) A registrant shall pay an 
annual application fee for each pesticide to be registered, and 
this fee is set at one-tenth of one percent for calendar year 
1990, at one-fifth of one percent for calendar year 1991, and at 
two-fifths of one percent for calendar year 1992 and thereafter 
of annual gross sales within the state and annual gross sales of 
pesticides used in the state, with a minimum nonrefundable fee 
of $250 plus an additional one-tenth of one percent for each 
pesticide for which the United States Environmental Protection 
Agency, Office of Water, has published a Health Advisory Summary 
by December 1 of the previous year.  The registrant shall 
determine when and which pesticides are sold or used in this 
state.  The registrant shall secure sufficient sales information 
of pesticides distributed into this state from distributors and 
dealers, regardless of distributor location, to make a 
determination.  Sales of pesticides in this state and sales of 
pesticides for use in this state by out-of-state distributors 
are not exempt and must be included in the registrant's annual 
report, as required under paragraph (c), and fees shall be paid 
by the registrant based upon those reported sales.  Sales of 
pesticides in the state for use outside of the state are exempt 
from the application fee in this paragraph if the registrant 
properly documents the sale location and distributors.  A 
registrant paying more than the minimum fee shall pay the 
balance due by March 1 based on the gross sales of the pesticide 
by the registrant for the preceding calendar year.  The fee for 
disinfectants and sanitizers shall be the minimum.  The minimum 
fee is due by December 31 preceding the year for which the 
application for registration is made.  Of the amount collected 
after calendar year 1990, at least $500,000 $600,000 per fiscal 
year must be credited to the waste pesticide account under 
section 18B.065, subdivision 5, and $100,000 per fiscal year and 
the additional amount collected for pesticides with Health 
Advisory Summaries shall be credited to the agricultural project 
utilization account under section 116O.13 to be used for 
pesticide use reduction grants by the agricultural utilization 
research institute. 
    (b) An additional fee of $100 must be paid by the applicant 
for each pesticide to be registered if the application is a 
renewal application that is submitted after December 31. 
    (c) A registrant must annually report to the commissioner 
the amount and type of each registered pesticide sold, offered 
for sale, or otherwise distributed in the state.  The report 
shall be filed by March 1 for the previous year's registration.  
The commissioner shall specify the form of the report and 
require additional information deemed necessary to determine the 
amount and type of pesticides annually distributed in the 
state.  The information required shall include the brand name, 
amount, and formulation of each pesticide sold, offered for 
sale, or otherwise distributed in the state, but the information 
collected, if made public, shall be reported in a manner which 
does not identify a specific brand name in the report. 
    Sec. 23.  [CORRECTION 58; SALES TAX ADMINISTRATION.] 1992 
H.F. No. 2940, article 8, is amended by adding a section to read:
    Sec. 40.  [APPROPRIATION.] 
    $110,000 is appropriated from the general fund to the 
commissioner of revenue for the purpose of administering the 
city of Ely local sales tax authorized in section 31.  This 
appropriation is contingent upon the passage of a referendum by 
the city of Ely authorizing the additional tax.  
    $110,000 is appropriated from the general fund to the 
commissioner of revenue for the purpose of administering the 
city of Thief River Falls local sales tax authorized in section 
32.  This appropriation is contingent upon the passage of a 
referendum by the city of Thief River Falls authorizing the 
additional tax. 
    Sec. 24.  [CORRECTION 59; COUNTY LEVY HEARING.] Minnesota 
Statutes 1991 Supplement, section 275.065, subdivision 6, as 
amended by 1992 H.F. No. 2940, article 3, section 7, if enacted, 
is amended to read: 
    Subd. 6.  [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.] 
Between November 29 and December 20, the governing bodies of the 
city and county shall each hold a public hearing to adopt its 
final budget and property tax levy for taxes payable in the 
following year, and the governing body of the school district 
shall hold a public hearing to review its current budget and 
adopt its property tax levy for taxes payable in the following 
year.  
    At the hearing, the taxing authority, other than a school 
district, may amend the proposed budget and property tax levy 
and must adopt a final budget and property tax levy, and the 
school district may amend the proposed property tax levy and 
must adopt a final property tax levy.  
    The property tax levy certified under section 275.07 by a 
city, county, or school district must not exceed the proposed 
levy determined under subdivision 1, except by an amount up to 
the sum of the following amounts: 
    (1) the amount of a school district levy whose voters 
approved a referendum to increase taxes under section 124.82, 
subdivision 3, 124A.03, subdivision 2, or 124B.03, subdivision 
2, after the proposed levy was certified; 
    (2) the amount of a city or county levy approved by the 
voters under section 275.58 after the proposed levy was 
certified; 
    (3) the amount of a levy to pay principal and interest on 
bonds issued or approved by the voters under section 475.58 
after the proposed levy was certified; 
     (4) the amount of a levy to pay costs due to a natural 
disaster occurring after the proposed levy was certified, if 
that amount is approved by the commissioner of revenue under 
subdivision 6a; 
     (5) the amount of a levy to pay tort judgments against a 
taxing authority that become final after the proposed levy was 
certified, if the amount is approved by the commissioner of 
revenue under subdivision 6a; 
     (6) the amount of an increase in levy limits certified to 
the taxing authority by the commissioner of revenue or the 
commissioner of education after the proposed levy was certified; 
and 
    (7) if not included in the certified levy, any additional 
amount levied pursuant to section 275.51, subdivision 7, 
paragraph (b). 
    At the hearing the percentage increase in property taxes 
proposed by the taxing authority, if any, and the specific 
purposes for which property tax revenues are being increased 
must be discussed.  During the discussion, the governing body 
shall hear comments regarding a proposed increase and explain 
the reasons for the proposed increase.  The public shall be 
allowed to speak and to ask questions prior to adoption of any 
measures by the governing body.  The governing body, other than 
the governing body of a school district, shall adopt its final 
property tax levy prior to adopting its final budget. 
    If the hearing is not completed on its scheduled date, the 
taxing authority must announce, prior to adjournment of the 
hearing, the date, time, and place for the continuation of the 
hearing.  The continued hearing must be held at least five 
business days but no more than 14 business days after the 
original hearing. 
    The hearing must be held after 5:00 p.m. if scheduled on a 
day other than Saturday.  No hearing may be held on a Sunday.  
The governing body of a county shall hold its hearing on the 
first second Tuesday in December each year.  The county auditor 
shall provide for the coordination of hearing dates for all 
cities and school districts within the county. 
    By August 15, each school board shall certify to the county 
auditors of the counties in which the school district is located 
the dates on which it elects to hold its hearings and any 
continuations.  If a school board does not certify the dates by 
August 15, the auditor will assign the hearing date.  The dates 
elected or assigned must not conflict with the county hearing 
dates.  By August 20, the county auditor shall notify the clerks 
of the cities within the county of the dates on which school 
districts have elected to hold their hearings.  At the time a 
city certifies its proposed levy under subdivision 1 it shall 
certify the dates on which it elects to hold its hearings and 
any continuations.  The city must not select dates that conflict 
with the county hearing dates or with those elected by or 
assigned to the school districts in which the city is located. 
    Sec. 25.  [CORRECTION 60; LOCAL GOVERNMENT TRUST FUND.] 
1992 H.F. No. 2940, article 1, section 3, if enacted, is amended 
to read: 
    Sec. 3.  [16A.712] [LOCAL GOVERNMENT TRUST; APPROPRIATIONS 
IN FISCAL YEAR 1993 AND SUBSEQUENT YEARS.] 
    (a) The amounts necessary to make the following payments in 
fiscal year 1993 and subsequent years are appropriated from the 
local government trust fund to the commissioner of revenue 
unless otherwise specified: 
    (1) attached machinery aid to counties under section 
273.138; 
    (2) in fiscal year 1993 only, supplemental homestead credit 
under section 273.1391.  The school district's supplemental 
homestead credit shall be appropriated to the commissioner of 
education; 
    (3) $560,000 in fiscal year 1993 and $300,000 annually in 
fiscal years 1994 and 1995 for tax administration; 
    (4) $105,000 annually to the commissioner of finance in 
fiscal years 1993, 1994, and 1995 to administer the trust fund; 
    (5) $25,000 annually to the advisory commission on 
intergovernmental relations in fiscal years 1993, 1994, and 1995 
to pay nonlegislative members' per diem expenses and such other 
expenses as the commission deems appropriate; 
    (6) $350,000 in fiscal year 1993 and $1,200,000 annually in 
fiscal years 1994 and 1995 to the intergovernmental information 
systems advisory council to develop a local government financial 
reporting system, with the participation and ongoing oversight 
of the legislative commission on planning and fiscal policy; and 
    (7) in fiscal year 1993 only, the transition credit under 
section 273.1398, subdivision 5, and the disparity reduction 
credit under section 273.1398, subdivision 4, for school 
districts.  The school districts' transition credit and 
disparity reduction credit shall be appropriated to the 
commissioner of education. 
    (b) In addition, the legislature shall appropriate the rest 
of the trust fund receipts for fiscal year 1993 and subsequent 
years to finance intergovernmental aid formulas or programs 
prescribed by law. 
    Sec. 26.  [CORRECTION 61; LOCAL GOVERNMENT TRUST FUND.] 
Minnesota Statutes 1991 Supplement, section 16A.711, subdivision 
5, as added by 1992 H.F. No. 2940, article 1, section 2, if 
enacted, is amended to read: 
    Subd. 5.  [ADJUSTMENTS FOR LOCAL GOVERNMENT TRUST FUND 
REVENUES.] For the second fiscal year of each biennium, the 
commissioner of revenue shall make adjustments in aid amounts so 
that the anticipated total obligations of the local government 
trust fund are equal to anticipated total revenues. 
    In the event that anticipated total obligations of the 
trust fund exceed anticipated total revenues, each 
jurisdiction's aid will be reduced as provided under section 
477A.0132.  For fiscal year 1993 only, if reductions are 
necessary in an amount greater than $6,700,000, the additional 
reduction for the shortfall beyond $6,700,000 will be applied 
only to aids under section 477A.013. 
    In the event that anticipated total obligations of the 
trust fund are less than anticipated total revenues, aid amounts 
for the following programs will be proportionately increased to 
bring anticipated total expenditures into conformance with 
anticipated total revenues: 
    (1) local government aid and equalization aid under section 
477A.013; 
    (2) community social services aid under section 256E.06; 
and 
    (3) county criminal justice aid under section 477A.0121. 
    If the commissioner estimates further aid adjustments are 
necessary after aid amounts have already been certified, but 
before all aid amounts have been paid, all remaining aid 
payments will be increased or decreased proportionately. 
    Sec. 27.  [CORRECTION 62; PROPOSED PROPERTY TAX NOTICE.] 
1992 H.F. No. 2940, article 3, section 10, if enacted, is 
amended to read: 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 2 to 9 are effective for taxes levied in 1992, 
payable in 1993, and thereafter except that section 4, paragraph 
(g), is effective for taxes levied in 1993, payable in 1994, and 
thereafter.  Section 1 is effective for aids paid in 1993 and 
thereafter. 
    Sec. 28.  [CORRECTION 63; HEALTH RIGHT.] 1992 H.F. No. 
2800, article 1, section 6, subdivision 5, if enacted, is 
amended to read: 
    Subd. 5.  [CONFLICTS OF INTEREST.] No member may 
participate or vote in commission board proceedings involving an 
individual provider, purchaser, or patient, or a specific 
activity or transaction, if the member has a direct financial 
interest in the outcome of the commission's board's proceedings 
other than as an individual consumer of health care services. 
    Sec. 29.  [CORRECTION 63; HEALTH RIGHT.] 1992 H.F. No. 
2800, article 1, section 9, if enacted, is amended to read: 
    Sec. 9.  [62J.19] [SUBMISSION OF REGIONAL PLAN TO 
COMMISSIONER.] 
    Each regional coordinating organization board shall submit 
its plan to the commissioner on or before June 30, 1993.  In the 
event that any major provider, provider group or other entity 
within the region chooses to not participate in the regional 
planning process, the commissioner may require the participation 
of that entity in the planning process or adopt other rules or 
criteria for that entity.  In the event that a region fails to 
submit a plan to the commissioner that satisfactorily promotes 
the objectives in section 62J.09, subdivisions 1 and 2, or where 
competing plans and regional coordination organizations boards 
exist, the commissioner has the authority to establish a public 
regional coordinating organization board for purposes of 
establishing a regional plan which will achieve the objectives.  
The public regional coordinating organization board shall be 
appointed by the commissioner and under the commissioner's 
direction.  
    Sec. 30.  [CORRECTION 63; HEALTH RIGHT.] 1992 H.F. No. 
2800, article 1, section 10, if enacted, is amended to read: 
    Sec. 10.  [62J.21] [REPORTING TO THE LEGISLATURE.] 
    The commissioner shall report to the legislature by January 
1, 1993 regarding the process being made within each region with 
respect to the establishment of a regional coordinating 
organization board and the development of a regional plan.  In 
the event that the commissioner determines that any region is 
not making reasonable progress or a good-faith commitment 
towards establishing a regional coordinating organization board 
and regional plan, the commissioner may establish a public 
regional board for this purpose.  The commissioner's report 
should also include the issues, if any, raised during the 
planning process to date and request any appropriate legislate 
action that would facilitate the planning process.  
    Sec. 31.  [CORRECTION 63; HEALTH RIGHT.] Minnesota Statutes 
1990, section 256.936, subdivision 2a, as added by 1992 H.F. No. 
2800, article 4, section 4, if enacted, is amended to read: 
    Subd. 2a.  [COVERED HEALTH SERVICES.] (a) [COVERED 
SERVICES.] "Covered health services" means the health services 
reimbursed under chapter 256B, with the exception of inpatient 
hospital services, special education services, private duty 
nursing services, orthodontic services, medical transportation 
services, personal care assistant and case management services, 
hospice care services, nursing home or intermediate care 
facilities services, inpatient mental health services, 
outpatient mental health services in excess of $1,000 per adult 
enrollee and $2,500 per child enrollee per 12-month eligibility 
period, and chemical dependency services.  Outpatient mental 
health services covered under the health right plan are limited 
to diagnostic assessments, psychological testing, explanation of 
findings, and individual, family, and group psychotherapy.  
Medication management by a physician is not subject to the 
$1,000 and $2,500 limitations on outpatient mental health 
services.  Covered health services shall be expanded as provided 
in this subdivision. 
    (b) [ALCOHOL AND DRUG DEPENDENCY.] Beginning October 1, 
1992, covered health services shall include up to ten hours per 
year of individual outpatient treatment of alcohol or drug 
dependency by a qualified health professional or outpatient 
program.  Two hours of group treatment count as one hour of 
individual treatment. 
    Persons who may need chemical dependency services under the 
provisions of this chapter shall be assessed by a local agency 
as defined under section 254B.01, and under the assessment 
provisions of section 254A.03, subdivision 3.  Persons who are 
recipients of medical benefits under the provisions of this 
chapter and who are financially eligible for consolidated 
chemical dependency treatment fund services provided under the 
provisions of chapter 254B shall receive chemical dependency 
treatment services under the provisions of chapter 254B only if: 
    (1) they have exhausted the chemical dependency benefits 
offered under this chapter; or 
    (2) an assessment indicates that they need a level of care 
not provided under the provisions of this chapter. 
    (c) [INPATIENT HOSPITAL SERVICES.] Beginning July 1, 1993, 
covered health services shall include inpatient hospital 
services, subject to those limitations necessary to coordinate 
the provision of these services with eligibility under the 
medical assistance spenddown.  The inpatient hospital benefit 
for adult enrollees not eligible for medical assistance is 
subject to an annual benefit limit of $10,000.  The commissioner 
shall provide enrollees with at least 60 days' notice of 
coverage for inpatient hospital services and any premium 
increase associated with the inclusion of this benefit. 
    (d) [EMERGENCY MEDICAL TRANSPORTATION SERVICES.] Beginning 
July 1, 1993, covered health services shall include emergency 
medical transportation services. 
    (e) [FEDERAL WAIVERS AND APPROVALS.] The commissioner shall 
coordinate the provision of hospital inpatient services under 
the health right plan with enrollee eligibility under the 
medical assistance spend-down, and shall apply to the secretary 
of health and human services for any necessary federal waivers 
or approvals. 
    (f) [COPAYMENTS AND COINSURANCE.] The health right benefit 
plan shall include the following copayments and coinsurance 
requirements:  
    (1) ten percent for inpatient hospital services for adult 
enrollees not eligible for medical assistance, subject to an 
annual out-of-pocket maximum of $2,000 per individual and $3,000 
per family; 
    (2) 50 percent for adult dental services, except for 
preventive services; 
    (3) $3 per prescription for adult enrollees; and 
    (4) $25 for eyeglasses for adult enrollees.  
    Enrollees who would be eligible for medical assistance with 
a spenddown must pay shall be financially responsible for the 
coinsurance amount up to the spenddown limit or the coinsurance 
amount, whichever is less, in order to become eligible for the 
medical assistance program. 
    Sec. 32.  [CORRECTION 64; CRIME BILL.] 1992 H.F. No. 1849, 
article 10, section 28, if enacted, is amended to read: 
    Sec. 28.  [CHILD ABUSE PREVENTION GRANT.] 
    The commissioner of human services public safety shall 
award a grant to a nonprofit, statewide child abuse prevention 
organization whose primary focus is parent self-help and 
support.  Grant money may be used for one or more of the 
following activities: 
    (1) to provide technical assistance and consultation to 
individuals, organizations, or communities to establish local or 
regional parent self-help and support organizations for abusive 
or potentially abusive parents; 
    (2) to provide coordination and networking among existing 
parent self-help child abuse prevention organizations; 
    (3) to recruit, train, and provide leadership for 
volunteers working in child abuse prevention programs; 
    (4) to expand and develop child abuse programs throughout 
the state; or 
    (5) for statewide educational and public information 
efforts to increase awareness of the problems and solutions of 
child abuse. 
    Sec. 33.  [CORRECTION 66; LOCAL GOVERNMENT PURCHASES.] Laws 
1992, chapter 380, takes effect the day after final enactment. 
    Sec. 34.  [CORRECTION 67; MEDICAL ASSISTANCE PAYMENTS.] 
Minnesota Statutes 1991 Supplement, section 256.969, subdivision 
20, as amended by 1992 H.F. No. 2694, article 7, section 26, if 
enacted, is amended to read: 
    Subd. 20.  [INCREASES IN MEDICAL ASSISTANCE INPATIENT 
PAYMENTS; CONDITIONS.] (a) Medical assistance inpatient payments 
shall increase 20 percent for inpatient hospital originally paid 
admissions, excluding Medicare crossovers, that occurred between 
July 1, 1988, and December 31, 1990, if:  (i) the hospital had 
100 or fewer Minnesota medical assistance annualized paid 
admissions, excluding Medicare crossovers, that were paid by 
March 1, 1988, for the period January 1, 1987, to June 30, 1987; 
(ii) the hospital had 100 or fewer licensed beds on March 1, 
1988; (iii) the hospital is located in Minnesota; and (iv) the 
hospital is not located in a city of the first class as defined 
in section 410.01.  For this paragraph, medical assistance does 
not include general assistance medical care. 
    (b) Medical assistance inpatient payments shall increase 15 
percent for inpatient hospital originally paid admissions, 
excluding Medicare crossovers, that occurred between July 1, 
1988, and December 31, 1990, if:  (i) the hospital had more than 
100 but fewer than 250 Minnesota medical assistance annualized 
paid admissions, excluding Medicare crossovers, that were paid 
by March 1, 1988, for the period January 1, 1987, to June 30, 
1987; (ii) the hospital had 100 or fewer licensed beds on March 
1, 1988; (iii) the hospital is located in Minnesota; and (iv) 
the hospital is not located in a city of the first class as 
defined in section 410.01.  For this paragraph, medical 
assistance does not include general assistance medical care. 
    (c) Medical assistance inpatient payment rates shall 
increase 20 percent for inpatient hospital originally paid 
admissions, excluding Medicare crossovers, that occur on or 
after October 1, 1992, if:  (i) the hospital had 100 or fewer 
Minnesota medical assistance annualized paid admissions, 
excluding Medicare crossovers, that were paid by March 1, 1988, 
for the period January 1, 1987, to June 30, 1987; (ii) the 
hospital had 100 or fewer licensed beds on March 1, 1988; (iii) 
the hospital is located in Minnesota; and (iv) the hospital is 
not located in a city of the first class as defined in section 
410.01.  For a hospital that qualifies for an adjustment under 
this paragraph and under subdivision 9, the hospital must be 
paid the adjustment under subdivision 9 plus any amount by which 
the adjustment under this paragraph exceeds the adjustment under 
subdivision 9.  For this paragraph, medical assistance does not 
include general assistance medical care. 
    (d) Medical assistance inpatient payments payment rates 
shall increase 15 percent for inpatient hospital originally paid 
admissions, excluding Medicare crossovers, that occur after 
September 30, 1992, if:  (i) the hospital had more than 100 but 
fewer than 250 Minnesota medical assistance annualized paid 
admissions, excluding Medicare crossovers, that were paid by 
March 1, 1988, for the period January 1, 1987, to June 30, 1987; 
(ii) the hospital had 100 or fewer licensed beds on March 1, 
1988; (iii) the hospital is located in Minnesota; and (iv) the 
hospital is not located in a city of the first class as defined 
in section 410.01.  For a hospital that qualifies for an 
adjustment under this paragraph and under subdivision 9, the 
hospital must be paid the adjustment under subdivision 9 plus 
any amount by which the adjustment under this paragraph exceeds 
the adjustment under subdivision 9.  For this paragraph, medical 
assistance does not include general assistance medical care. 
    Sec. 35.  [CORRECTION 67; MEDICAL ASSISTANCE RATES.] 
Minnesota Statutes 1991 Supplement, section 256.969, subdivision 
21, as amended by 1992 H.F. No. 2694, article 7, section 27, if 
enacted, is amended to read: 
    Subd. 21.  [MENTAL HEALTH OR CHEMICAL DEPENDENCY 
ADMISSIONS; RATES.] Mental health and chemical dependency 
inpatient hospital services for a hold or commitment ordered by 
the court Admissions under the general assistance medical care 
program occurring on or after July 1, 1990, and admissions under 
medical assistance, excluding general assistance medical care, 
occurring on or after July 1, 1990, and on or before September 
30, 1992, that are classified to a diagnostic category of mental 
health or chemical dependency shall have rates established 
according to the methods of subdivision 14, except the per day 
rate shall be multiplied by a factor of 2, provided that the 
total of the per day rates shall not exceed the per admission 
rate.  This methodology shall also apply when a hold or 
commitment is ordered by the court for the days that inpatient 
hospital services are medically necessary.  Stays which are 
medically necessary for inpatient hospital services and covered 
by medical assistance shall not be billable to any other 
governmental entity.  Medical necessity shall be determined 
under criteria established to meet the requirements of section 
256B.04, subdivision 15, or 256D.03, subdivision 7, paragraph 
(b). 
    Sec. 36.  [CORRECTION 68; APPROPRIATION.] 1992 H.F. No. 
2694, article 4, section 59, subdivision 3, if enacted, is 
amended to read: 
    Subd. 3.  [CONDITIONS; COVERAGE.] An employee who is 
eligible both for the health insurance benefit under this 
section and for an early retirement incentive under a collective 
bargaining agreement or personnel plan established by the 
employer must select either the early retirement incentive in 
the collective bargaining agreement, or personnel plan, or the 
incentive provided under this section, but may not receive 
both.  For purposes of this section, a person retires when the 
person terminates active employment and applies for retirement 
benefits.  The retired employee is eligible for single and 
dependent coverages and employer payments to which the person 
was entitled immediately before retirement, subject to any 
changes in coverage and employer and employee payments through 
collective bargaining or personnel plans, for employees in 
positions equivalent to the position from which the employee 
retired.  The retired employee is not eligible for employer-paid 
life insurance.  Eligibility ceases when the retired employee 
attains the age of 65, or when the employee chooses not to 
receive the retirement benefits for which the employee has 
applied, or when the employee is eligible for employer-paid 
health insurance from a new employer.  Coverages must be 
coordinated with relevant health insurance benefits provided 
through the federally sponsored Medicare program.  Nothing in 
this section obligates, limits, or otherwise affects the right 
of the University of Minnesota to provide employer-paid 
hospital, medical, dental benefits, and life insurance to any 
person. 
    Sec. 37.  [CORRECTION 70; MERCURY.] 1992 H.F. No. 2147, 
section 3, subdivision 9, if enacted, is amended to read: 
    Subd. 9.  [ENFORCEMENT; GENERATORS OF HOUSEHOLD HAZARDOUS 
WASTE.] (a) A violation of subdivision 2 or 4, paragraph (a), by 
a generator of household hazardous waste, as defined in section 
115A.96, or a violation of subdivision 8 by a person selling at 
retail, is not subject to enforcement under section 115.071, 
subdivision 3. 
    (b) An administrative penalty imposed under section 116.072 
for a violation of subdivision 2 or 4, paragraph (a), by a 
generator of household hazardous waste, as defined in section 
115A.96, or for a violation of subdivision 8 by a person selling 
at retail, may not exceed $700. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 11:09 a.m.