Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 10-H.F.No. 378
An act relating to legislation; correcting erroneous,
ambiguous, and omitted text and obsolete references;
eliminating certain redundant, conflicting, and
superseded provisions; making miscellaneous technical
corrections to statutes and other laws; amending
Minnesota Statutes 2004, sections 4.077, subdivision
1; 10A.04, subdivision 6; 13.32, subdivision 3;
13.321, by adding a subdivision; 13.381, by adding a
subdivision; 13.46, subdivision 2; 13.47, subdivision
1; 13.4963, subdivision 2; 15.0591, subdivision 2;
15.39, subdivision 2; 16B.31, subdivision 1; 17.43;
18C.60, subdivision 1; 28.15; 32.645; 47.59,
subdivision 2; 62I.13, subdivision 3; 62L.17,
subdivision 2a; 64B.37, subdivision 2; 82.33,
subdivision 4; 84.8712, subdivisions 2, 3, 4, 6;
85.22, subdivision 2a; 89.01, subdivision 5a; 115B.20,
subdivision 2; 116J.871, subdivision 3; 119B.25,
subdivision 2; 124D.68, subdivision 2; 127A.10;
137.09; 144.6501, subdivision 1; 145B.04; 152.027,
subdivision 4; 155A.03, subdivision 1; 155A.16;
161.1419, subdivision 8; 168.275; 168.33, subdivision
2a; 169.21, subdivision 2; 169.50, subdivision 1;
169.59, subdivision 4; 169A.55, subdivision 3;
171.181, subdivision 1; 177.23, subdivision 7; 181.30;
201.014, subdivision 2; 201.071, subdivision 1;
201.15, subdivision 1; 204B.10, subdivision 6;
216B.61; 219.57, subdivision 6; 234.23; 235.10;
235.13; 237.763; 238.37; 238.38; 238.42; 239.791,
subdivision 15; 244.05, subdivisions 4, 5; 245.466,
subdivision 1; 245.4875, subdivision 1; 245.75;
246.01; 246B.04, subdivision 2; 252.24, subdivision 5;
252A.03, subdivisions 1, 4; 252A.101, subdivisions 1,
5; 253B.23, subdivision 2; 256.93, subdivision 1;
256B.055, subdivision 12; 256B.0625, subdivision 6a;
256B.0627, subdivisions 1, 5; 256B.0917, subdivisions
4, 5; 256B.0951, subdivision 8; 256B.431, subdivision
14; 256G.01, subdivision 3; 256L.07, subdivision 1;
256L.15, subdivision 2; 256M.10, subdivision 5;
257B.08; 259.21, subdivision 4; 260B.007, subdivision
16; 260C.101, subdivision 2; 276.04, subdivision 2;
290.095, subdivision 1; 299D.07; 299F.051, subdivision
4; 299F.093, subdivision 1; 302A.011, subdivision 16;
303.03; 303.25, subdivision 1; 321.0210; 321.1114;
322B.03, subdivision 27; 325F.40; 325N.15; 329.17;
333.135; 336.4A-105; 343.40, subdivision 3; 345.14;
346.05; 353.01, subdivision 2; 353.34, subdivision 3a;
356.431, subdivision 1; 395.22; 458D.02, subdivision
2; 469.104; 473.845, subdivision 1; 481.05; 501B.18;
501B.19; 514.996, subdivision 3; 515B.4-102;
524.2-114; 525.9212; 525.95, subdivision 1; 527.38;
527.39; 529.12; 540.18, subdivision 1; 580.041,
subdivision 2; 624.64; 624.67; 626.84, subdivision 1;
629.11; 631.04; Laws 2003, First Special Session
chapter 11, article 2, section 21; Laws 2004, chapter
199, article 12, section 108; Laws 2004, chapter 261,
article 6, section 5; repealing Minnesota Statutes
2004, sections 115B.49, subdivision 4a; 306.13;
315.43; 317A.909, subdivision 4; 357.12; 367.40,
subdivisions 3, 4; 367.401, subdivision 4; 367.42;
398.35, subdivision 2; Laws 2001, First Special
Session chapter 10, article 10, section 1; Laws 2003,
chapter 8, section 2; Laws 2004, chapter 219, section
1; Laws 2004, chapter 288, article 3, section 5;
Minnesota Rules, parts 6700.0100, subpart 14;
6700.1300; 9055.0125; 9055.0500; 9055.0510; 9055.0520;
9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570;
9055.0580; 9055.0590; 9055.0600; 9055.0610.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL
Section 1. Minnesota Statutes 2004, section 4.077,
subdivision 1, is amended to read:
Subdivision 1. [PLAN TO RENOVATE COURTS BUILDING.] (a) The
Old Federal Courts Building in the city of St. Paul, described
in the registry of historic sites in section 138.57, and called
in this section the "courts building," is an outstanding example
of federal architecture of its period and a significant symbol
of constitutional government which spans much of this state's
history. Its acquisition, preservation, and appropriate use is
a concern of the state and an important aspect of state policy
declared in the Historic Sites Act of 1965.
(b) The legislature is informed that feasible renovation
and remodeling of the structure of this historic site would make
it suitable to meet existing and foreseeable need of the state
for school, classroom, and other educational use, or for use in
the protection of public health, and such practical adaptation
of the courts building should not be incompatible, but rather in
keeping with, continued observance of the building as an
historic monument.
(c) National policy expressed in enactments of the Congress
(including, but not necessarily limited to, the Surplus Property
Act of 1944 and Federal Property and Administrative Services Act
of 1949) make this historic site, now held by and subject to the
control of the administrator of the General Service
Administration, available to this state, its political
subdivisions or instrumentalities upon compliance with the
conditions of the statutes and rules promulgated thereunder for
educational use or use in the protection of the public health,
or as an historic monument for the benefit of the public.
Sec. 2. Minnesota Statutes 2004, section 10A.04,
subdivision 6, is amended to read:
Subd. 6. [PRINCIPAL REPORTS.] (a) A principal must report
to the board as required in this subdivision by March 15 for the
preceding calendar year. Along with the report, the principal
must pay a fee of $50, except as otherwise provided in this
subdivision. The fee must be no more than necessary to cover
the cost of administering sections 10A.03 to 10A.06. The amount
of the fee is subject to change each biennium in accordance with
the budget request made by the board. The fee requirement
expires June 30, 2004.
(b) The principal must report the total amount, rounded to
the nearest $20,000, spent by the principal during the preceding
calendar year to influence legislative action, administrative
action, and the official action of metropolitan governmental
units.
(c) The principal must report under this subdivision a
total amount that includes:
(1) all direct payments by the principal to lobbyists in
this state;
(2) all expenditures for advertising, mailing, research,
analysis, compilation and dissemination of information, and
public relations campaigns related to legislative action,
administrative action, or the official action of metropolitan
governmental units in this state; and
(3) all salaries and administrative expenses attributable
to activities of the principal relating to efforts to influence
legislative action, administrative action, or the official
action of metropolitan governmental units in this state.
Sec. 3. Minnesota Statutes 2004, section 13.32,
subdivision 3, is amended to read:
Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.]
Except as provided in subdivision 5, educational data is private
data on individuals and shall not be disclosed except as follows:
(a) pursuant to section 13.05;
(b) pursuant to a valid court order;
(c) pursuant to a statute specifically authorizing access
to the private data;
(d) to disclose information in health and safety
emergencies pursuant to the provisions of United States Code,
title 20, section 1232g(b)(1)(I) and Code of Federal
Regulations, title 34, section 99.36;
(e) pursuant to the provisions of United States Code, title
20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
(b)(3) and Code of Federal Regulations, title 34, sections
99.31, 99.32, 99.33, 99.34, and 99.35;
(f) to appropriate health authorities to the extent
necessary to administer immunization programs and for bona fide
epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to
individuals in the public educational agency or institution in
which the investigation is being conducted;
(g) when disclosure is required for institutions that
participate in a program under title IV of the Higher Education
Act, United States Code, title 20, chapter section 1092;
(h) to the appropriate school district officials to the
extent necessary under subdivision 6, annually to indicate the
extent and content of remedial instruction, including the
results of assessment testing and academic performance at a
postsecondary institution during the previous academic year by a
student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;
(i) to appropriate authorities as provided in United States
Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern
the juvenile justice system and the ability of the system to
effectively serve, prior to adjudication, the student whose
records are released; provided that the authorities to whom the
data are released submit a written request for the data that
certifies that the data will not be disclosed to any other
person except as authorized by law without the written consent
of the parent of the student and the request and a record of the
release are maintained in the student's file;
(j) to volunteers who are determined to have a legitimate
educational interest in the data and who are conducting
activities and events sponsored by or endorsed by the
educational agency or institution for students or former
students;
(k) to provide student recruiting information, from
educational data held by colleges and universities, as required
by and subject to Code of Federal Regulations, title 32, section
216;
(l) to the juvenile justice system if information about the
behavior of a student who poses a risk of harm is reasonably
necessary to protect the health or safety of the student or
other individuals;
(m) with respect to Social Security numbers of students in
the adult basic education system, to Minnesota State Colleges
and Universities and the Department of Employment and Economic
Development for the purpose and in the manner described in
section 124D.52, subdivision 7; or
(n) to the commissioner of education for purposes of an
assessment or investigation of a report of alleged maltreatment
of a student as mandated by section 626.556. Upon request by
the commissioner of education, data that are relevant to a
report of maltreatment and are from charter school and school
district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including, but not
limited to, the following:
(1) information regarding the student alleged to have been
maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any,
by the school facility in response to a report of maltreatment
by an employee or agent of the school or school district.
Sec. 4. Minnesota Statutes 2004, section 13.321, is
amended by adding a subdivision to read:
Subd. 2a. [SCHOOL ACCOUNTABILITY.] Certain school
accountability data are governed by section 120B.36,
subdivisions 1, paragraph (e), and 2.
Sec. 5. Minnesota Statutes 2004, section 13.381, is
amended by adding a subdivision to read:
Subd. 7a. [FACILITY REQUIREMENTS.] Data provided to, filed
with, or created or obtained by the commissioner of health under
section 144.7065 are classified as provided in section 144.7065,
subdivision 10.
Sec. 6. Minnesota Statutes 2004, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to verify an individual's identity; determine eligibility,
amount of assistance, and the need to provide services to an
individual or family across programs; evaluate the effectiveness
of programs; and investigate suspected fraud;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) to the Department of Revenue to administer and evaluate
tax refund or tax credit programs and to identify individuals
who may benefit from these programs. The following information
may be disclosed under this paragraph: an individual's and
their dependent's names, dates of birth, Social Security
numbers, income, addresses, and other data as required, upon
request by the Department of Revenue. Disclosures by the
commissioner of revenue to the commissioner of human services
for the purposes described in this clause are governed by
section 270B.14, subdivision 1. Tax refund or tax credit
programs include, but are not limited to, the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund and
rental credit under section 290A.04, and the Minnesota education
credit under section 290.0674;
(9) between the Department of Human Services, the
Department of Education, and the Department of Employment and
Economic Development for the purpose of monitoring the
eligibility of the data subject for unemployment benefits, for
any employment or training program administered, supervised, or
certified by that agency, for the purpose of administering any
rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system, or to monitor
and evaluate the Minnesota family investment program by
exchanging data on recipients and former recipients of food
support, cash assistance under chapter 256, 256D, 256J, or 256K,
child care assistance under chapter 119B, or medical programs
under chapter 256B, 256D, or 256L;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state according to Part C of Public
Law 98-527 to protect the legal and human rights of persons with
mental retardation or other related conditions who live in
residential facilities for these persons if the protection and
advocacy system receives a complaint by or on behalf of that
person and the person does not have a legal guardian or the
state or a designee of the state is the legal guardian of the
person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the Higher Education
Services Office to the extent necessary to determine eligibility
under section 136A.121, subdivision 2, clause (5);
(14) participant Social Security numbers and names
collected by the telephone assistance program may be disclosed
to the Department of Revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment
program participant may be disclosed to law enforcement officers
who provide the name of the participant and notify the agency
that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or
custody or confinement after conviction, for a crime or attempt
to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed
under state or federal law;
(ii) the location or apprehension of the felon is within
the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of those duties;
(16) the current address of a recipient of general
assistance or general assistance medical care may be disclosed
to probation officers and corrections agents who are supervising
the recipient and to law enforcement officers who are
investigating the recipient in connection with a felony level
offense;
(17) information obtained from food support applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
Food Stamp Act, according to Code of Federal Regulations, title
7, section 272.1(c);
(18) the address, Social Security number, and, if
available, photograph of any member of a household receiving
food support shall be made available, on request, to a local,
state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies
the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a
crime that is a felony in the jurisdiction the member is
fleeing;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem
(A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) the current address of a recipient of Minnesota family
investment program, general assistance, general assistance
medical care, or food support may be disclosed to law
enforcement officers who, in writing, provide the name of the
recipient and notify the agency that the recipient is a person
required to register under section 243.166, but is not residing
at the address at which the recipient is registered under
section 243.166;
(20) certain information regarding child support obligors
who are in arrears may be made public according to section
518.575;
(21) data on child support payments made by a child support
obligor and data on the distribution of those payments excluding
identifying information on obligees may be disclosed to all
obligees to whom the obligor owes support, and data on the
enforcement actions undertaken by the public authority, the
status of those actions, and data on the income of the obligor
or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed
under section 256.998, subdivision 7;
(23) to the Department of Education for the purpose of
matching Department of Education student data with public
assistance data to determine students eligible for free and
reduced price meals, meal supplements, and free milk according
to United States Code, title 42, sections 1758, 1761, 1766,
1766a, 1772, and 1773; to allocate federal and state funds that
are distributed based on income of the student's family; and to
verify receipt of energy assistance for the telephone assistance
plan;
(24) the current address and telephone number of program
recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and
political subdivisions of this state, including the attorney
general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by
federal regulation or law for the administration of the child
support enforcement program;
(26) to personnel of public assistance programs as defined
in section 256.741, for access to the child support system
database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family
investment program by exchanging data between the Departments of
Human Services and Education, on recipients and former
recipients of food support, cash assistance under chapter 256,
256D, 256J, or 256K, child care assistance under chapter 119B,
or medical programs under chapter 256B, 256D, or 256L;
(28) to evaluate child support program performance and to
identify and prevent fraud in the child support program by
exchanging data between the Department of Human Services,
Department of Revenue under section 270B.14, subdivision 1,
paragraphs (a) and (b), without regard to the limitation of use
in paragraph (c), Department of Health, Department of Employment
and Economic Development, and other state agencies as is
reasonably necessary to perform these functions; or
(29) counties operating child care assistance programs
under chapter 119B may disseminate data on program participants,
applicants, and providers to the commissioner of education.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed according to the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), (17), or (18), or paragraph
(b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are
private after the investigation becomes inactive under section
13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will be
deemed to be made in writing if made through a computer
interface system.
Sec. 7. Minnesota Statutes 2004, section 13.47,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] (a) "Employment and training
data" means data on individuals collected, maintained, used, or
disseminated because an individual applies for, is currently
enrolled in, or has been enrolled in employment and training
programs funded with federal, state, or local resources,
including those provided under the Workforce Investment Act of
1998, United States Code, title 29, section 2801.
(b) "Employment and training service provider" means an
entity certified, or seeking to be certified, by the
commissioner of employment and economic development to deliver
employment and training services under section 268.0122
116J.401, subdivision 3 2, or an organization that contracts
with a certified entity or the Department of Employment and
Economic Development to deliver employment and training services.
(c) "Provider of training services" means an organization
or entity that provides training under the Workforce Investment
Act of 1998, United States Code, title 29, section 2801.
Sec. 8. Minnesota Statutes 2004, section 13.4963,
subdivision 2, is amended to read:
Subd. 2. [GENERALLY.] Classification and disclosure of tax
data created, collected, or maintained by the Department of
Revenue under section 273.1315, chapter 115B, 289A (except for
taxes imposed under sections 298.01, 298.015, and 298.24), 290,
290A, 291, 295, 297A, or 297H, or any similar Indian tribal tax
administered by the commissioner according to a tax agreement
between the state and an Indian tribal government are governed
by chapter 270B.
Sec. 9. Minnesota Statutes 2004, section 15.0591,
subdivision 2, is amended to read:
Subd. 2. [BODIES AFFECTED.] A member meeting the
qualifications in subdivision 1 must be appointed to the
following boards, commissions, advisory councils, task forces,
or committees:
(1) Advisory Council on Battered Women and Domestic Abuse;
(2) Advisory Task Force on the Use of State Facilities;
(3) Alcohol and Other Drug Abuse Advisory Council;
(4) Board of Examiners for Nursing Home Administrators;
(5) Board on Aging;
(6) Chiropractic Examiners Board;
(7) Council on Disability;
(8) Council on Affairs of Chicano/Latino People;
(9) Council on Black Minnesotans;
(10) Dentistry Board;
(11) Higher Education Services Office;
(12) Housing Finance Agency;
(13) Indian Advisory Council on Chemical Dependency;
(14) Medical Practice Board;
(15) Medical Policy Directional Task Force on Mental
Health;
(16) Minnesota State Arts Board;
(17) (16) Nursing Board;
(18) (17) Optometry Board;
(19) (18) Pharmacy Board;
(20) (19) Board of Physical Therapy;
(21) (20) Podiatry Board;
(22) (21) Psychology Board.
Sec. 10. Minnesota Statutes 2004, section 15.39,
subdivision 2, is amended to read:
Subd. 2. [REQUISITION AUTHORITY.] The commissioner is
authorized to requisition from the economic security
administration fund any amount necessary to pay premiums for the
insurance specified in subdivision 1 and money in the amount
necessary is appropriated for that purpose.
Sec. 11. Minnesota Statutes 2004, section 16B.31,
subdivision 1, is amended to read:
Subdivision 1. [CONSTRUCTION PLANS AND SPECIFICATIONS.]
(a) The commissioner shall (1) have plans and specifications
prepared for the construction, alteration, or enlargement of all
state buildings, structures, and other improvements except
highways and bridges, and except for buildings and structures
under the control of the Board of Regents of the University of
Minnesota or of the Board of Trustees of the Minnesota State
Colleges and Universities; (2) approve those plans and
specifications; (3) advertise for bids and award all contracts
in connection with the improvements; (4) supervise and inspect
all work relating to the improvements; (5) approve all lawful
changes in plans and specifications after the contract for an
improvement is let; and (6) approve estimates for payment. This
subdivision does not apply to the construction of the Zoological
Gardens.
(b) MS 2002 (Expired)
(c) MS 2002 (Expired)
(d) The commissioner, the board, the Board of Regents of
the University of Minnesota, and the Board of Trustees of the
Minnesota State Colleges and Universities shall create a panel
of representatives, including representatives of the
construction industry and the architecture and engineering
professions, to evaluate the use of design-build and the
procedures for design-builder selection under section 16C.31,
and shall report to the legislature on or before January 1,
2004, as to the success of design-build as a method of
construction and the need and desirability for any changes in
the selection procedure.
Sec. 12. Minnesota Statutes 2004, section 18C.60,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS DEFINITION.] (a) The
definitions in this subdivision apply to this section.
(b) "Metropolitan county" means any one of the following
counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or
Washington.
(c) For the purpose of this section, "turf" means noncrop
land planted in closely mowed, managed grasses including, but
not limited to, residential and commercial residential property,
private golf courses, and property owned by federal, state, or
local units of government, including parks, recreation areas,
and public golf courses. Turf does not mean pasture, hayland,
hay, turf grown on turf farms, or any other form of agricultural
production.
Sec. 13. Minnesota Statutes 2004, section 47.59,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION.] Extensions of credit or purchases
of extensions of credit by financial institutions under sections
47.20, 47.21, 47.201, 47.204, 47.58, 47.60, 48.153, 48.185,
48.195, 59A.01 to 59A.15, 334.01, 334.011, 334.012, 334.022,
334.06, and 334.061 to 334.19 may, but need not, be made
according to those sections in lieu of the authority set forth
in this section to the extent those sections authorize the
financial institution to make extensions of credit or purchase
extensions of credit under those sections. If a financial
institution elects to make an extension of credit or to purchase
an extension of credit under those other sections, the extension
of credit or the purchase of an extension of credit is subject
to those sections and not this section, except this subdivision,
and except as expressly provided in those sections. A financial
institution may also charge an organization a rate of interest
and any charges agreed to by the organization and may calculate
and collect finance and other charges in any manner agreed to by
that organization. Except for extensions of credit a financial
institution elects to make under section 334.01, 334.011,
334.012, 334.021 334.022, 334.06, or 334.061 to 334.19, chapter
334 does not apply to extensions of credit made according to
this section or the sections listed in this subdivision. This
subdivision does not authorize a financial institution to extend
credit or purchase an extension of credit under any of the
sections listed in this subdivision if the financial institution
is not authorized to do so under those sections. A financial
institution extending credit under any of the sections listed in
this subdivision shall specify in the promissory note, contract,
or other loan document the section under which the extension of
credit is made.
Sec. 14. Minnesota Statutes 2004, section 62I.13,
subdivision 3, is amended to read:
Subd. 3. [DISQUALIFYING FACTORS.] For good cause, coverage
may be denied or terminated by the association. Good cause may
exist if the applicant or insured: (1) has an outstanding debt
due or owing to the association at the time of application or
renewal arising from a prior policy; (2) refuses to permit
completion of an audit requested by the commissioner or
administrator; (3) submits misleading or erroneous information
to the commissioner or administrator; (4) disregards safety
standards, laws, rules or ordinance pertaining to the risk being
insured; (5) fails to supply information requested by the
commissioner or administrator; and (6) fails to comply with the
terms of the policies or contracts for coverage issued by the
association; and (7) has not satisfied the requirements of the
market assistance program as set forth in section 62I.09.
Sec. 15. Minnesota Statutes 2004, section 62L.17,
subdivision 2a, is amended to read:
Subd. 2a. [PARTICIPATION OF NEW SMALL EMPLOYER HEALTH
CARRIERS.] A health carrier that enters the small employer
market subsequent to February 1993, may elect to not participate
in the reinsurance association by filing an application within
60 days of entry into the small employer market or May 26, 1995,
whichever is later. The commissioner shall make a determination
and notify the health carrier no later than 60 days after
receipt of the application. In determining whether to approve
the application, the commissioner shall consider the standards
defined in subdivision 2, except that the commissioner may also
consider whether the health carrier has a guaranteeing
organization as defined in section 62D.043, subdivision 1, or as
permitted under chapter 62N.
Sec. 16. Minnesota Statutes 2004, section 82.33,
subdivision 4, is amended to read:
Subd. 4. [RENEWAL; EXAMINATION.] Except as provided in
sections 82.22, subdivision 7, and section 82.29, subdivision 7,
no examination shall be required for the renewal of any license,
provided, however, any licensee having been licensed as a broker
or salesperson in the state of Minnesota and who shall fail to
renew the license for a period of two years shall be required by
the commissioner to again take an examination.
Sec. 17. Minnesota Statutes 2004, section 84.8712,
subdivision 2, is amended to read:
Subd. 2. [CIVIL CITATION; AUTHORITY TO ISSUE.]
Conservation officers and other licensed peace officers may
issue civil citations to a person who operates a snowmobile in
violation of this section or section 84.8713. The citation must
impose a penalty of $50 for the first offense, $200 for the
second offense, and $500 for third and subsequent offenses.
Sec. 18. Minnesota Statutes 2004, section 84.8712,
subdivision 3, is amended to read:
Subd. 3. [APPEALS.] Civil citations for offenses under
this section or section 84.8713 may be appealed under the
procedures in section 116.072, subdivision 6, if the recipient
of the citation requests a hearing by notifying the commissioner
in writing within 15 days after receipt of the citation. For
the purposes of the enforcement of this section, the terms
"commissioner" and "agency" as used in section 116.072 mean the
commissioner of natural resources. If a hearing is not
requested within the 15-day period, the citation becomes a final
order not subject to further review.
Sec. 19. Minnesota Statutes 2004, section 84.8712,
subdivision 4, is amended to read:
Subd. 4. [ENFORCEMENT.] Civil citations for offenses under
this section or section 84.8713 may be enforced under section
116.072, subdivision 9. If a person fails to pay a penalty owed
under this section, the person may not operate a snowmobile
until the penalty is paid. Penalty amounts must be remitted
within 30 days of issuance of the penalty citation.
Sec. 20. Minnesota Statutes 2004, section 84.8712,
subdivision 6, is amended to read:
Subd. 6. [SELECTION OF REMEDY.] A person operating a
snowmobile in violation of this section or section 84.8713 is
guilty of a petty misdemeanor punishable by a fine of no more
than $50 for the first offense, no more than $300 for the second
offense, and no more than $600 for the third and subsequent
offenses. A peace officer may not seek both civil and petty
misdemeanor penalties for a violation of this section or section
84.8713.
Sec. 21. Minnesota Statutes 2004, section 85.22,
subdivision 2a, is amended to read:
Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived
from the rental or sale of state park items, tours at
Forestville Mystery Cave State Park, and operation of Douglas
Lodge shall be deposited in the state treasury and be credited
to the state parks working capital account. Receipts and
expenses from Douglas Lodge shall be tracked separately within
the account. Money in the account is annually appropriated for
the purchase and payment of expenses attributable to items for
resale or rental and operation of Douglas Lodge. Any excess
receipts in this account are annually appropriated for state
park management and interpretive programs.
Sec. 22. Minnesota Statutes 2004, section 89.01,
subdivision 5a, is amended to read:
Subd. 5a. [SALE OF STATE FOREST LAND.] Any state lands
included in areas set apart as state forests are eliminated from
the state forest upon sale under the provisions of sections
92.06 to 92.09 92.08 or 94.09 to 94.16.
Sec. 23. Minnesota Statutes 2004, section 115B.20,
subdivision 2, is amended to read:
Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Money
appropriated from the remediation fund under section 116.155,
subdivision 2, paragraph (a), clause (1), may be spent only for
the following purposes:
(1) preparation by the agency and the commissioner of
agriculture for taking removal or remedial action under section
115B.17, or under chapter 18D, including investigation,
monitoring and testing activities, enforcement and compliance
efforts relating to the release of hazardous substances,
pollutants or contaminants under section 115B.17 or 115B.18, or
chapter 18D;
(2) removal and remedial actions taken or authorized by the
agency or the commissioner of the Pollution Control Agency under
section 115B.17, or taken or authorized by the commissioner of
agriculture under chapter 18D including related enforcement and
compliance efforts under section 115B.17 or 115B.18, or chapter
18D, and payment of the state share of the cost of remedial
action which may be carried out under a cooperative agreement
with the federal government pursuant to the federal Superfund
Act, under United States Code, title 42, section 9604(c)(3) for
actions related to facilities other than commercial hazardous
waste facilities located under the siting authority of chapter
115A;
(3) reimbursement to any private person for expenditures
made before July 1, 1983, to provide alternative water supplies
deemed necessary by the agency or the commissioner of
agriculture and the Department of Health to protect the public
health from contamination resulting from the release of a
hazardous substance;
(4) assessment and recovery of natural resource damages by
the agency and the commissioners commissioner of natural
resources and for administration, and planning, and
implementation by the commissioner of natural resources of the
rehabilitation, restoration, or acquisition of natural resources
to remedy injuries or losses to natural resources resulting from
the release of a hazardous substance; before implementing a
project to rehabilitate, restore, or acquire natural resources
under this clause, the commissioner of natural resources shall
provide written notice of the proposed project to the chairs of
the senate and house of representatives committees with
jurisdiction over environment and natural resources finance;
(5) acquisition of a property interest under section
115B.17, subdivision 15;
(6) reimbursement, in an amount to be determined by the
agency in each case, to a political subdivision that is not a
responsible person under section 115B.03, for reasonable and
necessary expenditures resulting from an emergency caused by a
release or threatened release of a hazardous substance,
pollutant, or contaminant; and
(7) reimbursement to a political subdivision for
expenditures in excess of the liability limit under section
115B.04, subdivision 4.
Sec. 24. Minnesota Statutes 2004, section 119B.25,
subdivision 2, is amended to read:
Subd. 2. [GRANTS.] The commissioner shall distribute money
provided by this section through a grant to a nonprofit
corporation organized to plan, develop, and finance early
childhood education and child care sites. The nonprofit
corporation must have demonstrated the ability to analyze
financing projects, have knowledge of other sources of public
and private financing for child care and early childhood
education sites, and have a relationship with the regional
resource and referral programs under section 119B.211. The
board of directors of the nonprofit corporation must include
members who are knowledgeable about early childhood education,
child care, development and improvement, and financing. The
commissioners of the Departments of Human Services and
Employment and Economic Development, and the commissioner of the
Housing Finance Agency shall advise the board on the loan
program. The grant must be used to make loans to improve child
care or early childhood education sites, or loans to plan,
design, and construct or expand licensed and legal unlicensed
sites to increase the availability of child care or early
childhood education. All loans made by the nonprofit
corporation must comply with section 363A.16.
Sec. 25. Minnesota Statutes 2004, section 124D.68,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE PUPILS.] The following pupils are
eligible to participate in the graduation incentives program:
(a) any pupil under the age of 21 who:
(1) performs substantially below the performance level for
pupils of the same age in a locally determined achievement test;
(2) is at least one year behind in satisfactorily
completing coursework or obtaining credits for graduation;
(3) is pregnant or is a parent;
(4) has been assessed as chemically dependent;
(5) has been excluded or expelled according to sections
121A.40 to 121A.56;
(6) has been referred by a school district for enrollment
in an eligible program or a program pursuant to section 124D.69;
(7) is a victim of physical or sexual abuse;
(8) has experienced mental health problems;
(9) has experienced homelessness sometime within six months
before requesting a transfer to an eligible program;
(10) speaks English as a second language or has limited
English proficiency; or
(11) has withdrawn from school or has been chronically
truant; or
(b) any person who is at least 21 years of age and who:
(1) has received fewer than 14 years of public or nonpublic
education, beginning at age 5;
(2) has not completed the requirements for a high school
diploma; and
(3) at the time of application, (i) is eligible for
unemployment benefits or has exhausted the benefits, (ii) is
eligible for, or is receiving income maintenance and support
services, as defined in section 116L.19, subdivision 5, or (iii)
is eligible for services under the displaced homemaker program,
state wage-subsidy program, or any programs under the federal
Jobs Training Partnership Act or its successor.
Sec. 26. Minnesota Statutes 2004, section 155A.03,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] For purposes of sections 155A.03
to 155A.26 155A.16, and unless the context clearly requires
otherwise, the words defined in this section have the meanings
given them.
Sec. 27. Minnesota Statutes 2004, section 161.1419,
subdivision 8, is amended to read:
Subd. 8. [EXPIRATION.] The commission shall expire expires
on June 30, 2003 2007.
Sec. 28. Minnesota Statutes 2004, section 168.33,
subdivision 2a, is amended to read:
Subd. 2a. [DEPUTY REGISTRARS, CONTINUATION IN OFFICE.]
Persons serving as deputy registrars on the effective date of
this act July 1, 1970, shall continue to hold such office until
a successor is duly appointed and qualifies.
Sec. 29. Minnesota Statutes 2004, section 169.50,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS; EXCEPTION.] (a) Every motor
vehicle and every vehicle that is being drawn at the end of a
train of vehicles must be equipped with at least one taillamp,
exhibiting a red light plainly visible from a distance of 500
feet to the rear.
(b) Every motor vehicle, other than a truck-tractor, and
every vehicle that is being drawn at the end of a train of
vehicles, registered in this state and manufactured or assembled
after January 1, 1960, must be equipped with at least two
taillamps mounted on the rear and on the same level and as
widely spaced laterally as practicable. When lighted, the
taillamps must comply with the provisions of this section.
(c) An implement of husbandry being towed by a motor
vehicle at a speed of not more than 30 miles per hour,
displaying a slow-moving vehicle emblem, and complying with
section 169.55, subdivision 2, paragraph (a), clause (4), is not
subject to the requirements of this section.
Sec. 30. Minnesota Statutes 2004, section 169.59,
subdivision 4, is amended to read:
Subd. 4. [FLASHING WARNING LIGHT.] Any vehicle may be
equipped with lamps which may be used for the purpose of warning
the operators of other vehicles of the presence of a vehicular
traffic hazard requiring the exercise of unusual care in
approaching, overtaking, or passing, and when so equipped may
display such warning in addition to any other warning signals
required by this act section or section 169.50, subdivision 1 or
3; 169.56, subdivision 1, 2, 3, or 4; 169.57, subdivision 1; or
169.64, subdivision 3. The lamps used to display such warnings
to the front shall be mounted at the same level and as widely
spaced laterally as practicable, and shall display simultaneous
flashing white or amber lights, or any shade of color between
white and amber. The lamps used to display such warnings to the
rear shall be mounted at the same level and as widely spaced
laterally as practicable, and shall show simultaneously flashing
amber or red lights, or any shade of color between amber and
red. Instead of a pair of lamps that flash simultaneously,
either one or two strobe lights or rotating beacon lights with
an amber or yellow lens may be used both to the front and rear
of the vehicle. These warning lights shall be visible from a
distance of not less than 500 feet under normal atmospheric
conditions at night.
Sec. 31. Minnesota Statutes 2004, section 169A.55,
subdivision 3, is amended to read:
Subd. 3. [REINSTATEMENT OR ISSUANCE OF PROVISIONAL
LICENSE.] The commissioner shall not issue a provisional or
regular driver's license to a person whose provisional driver's
license was revoked for conviction as a juvenile of violating a
violation of section 169A.20, 169A.33, or 169A.35; a violation
of a provision of sections 169A.50 to 169A.53; or revoked for
conviction of a crash-related moving violation; until the
person, following the violation, reaches the age of 18 and
satisfactorily:
(1) completes a formal course in driving instruction
approved by the commissioner of public safety;
(2) completes an additional three months' experience
operating a motor vehicle, as documented to the satisfaction of
the commissioner;
(3) completes the written examination for a driver's
license with a passing score; and
(4) complies with all other laws for reinstatement of a
provisional or regular driver's license, as applicable.
Sec. 32. Minnesota Statutes 2004, section 171.181,
subdivision 1, is amended to read:
Subdivision 1. [FOREIGN STATE CONVICTION.] (a) On revoking
or suspending the driver's license of a Minnesota resident as a
result of a foreign state conviction, the commissioner shall
notify that foreign state when the driver's license is
reinstated or a new license issued.
(b) For the purposes of this section, "foreign state" means
a state as defined in section 171.01, subdivision 46 47,
excluding the state of Minnesota.
Sec. 33. Minnesota Statutes 2004, section 177.23,
subdivision 7, is amended to read:
Subd. 7. [EMPLOYEE.] "Employee" means any individual
employed by an employer but does not include:
(1) two or fewer specified individuals employed at any
given time in agriculture on a farming unit or operation who are
paid a salary;
(2) any individual employed in agriculture on a farming
unit or operation who is paid a salary greater than the
individual would be paid if the individual worked 48 hours at
the state minimum wage plus 17 hours at 1-1/2 times the state
minimum wage per week;
(3) an individual under 18 who is employed in agriculture
on a farm to perform services other than corn detasseling or
hand field work when one or both of that minor hand field
worker's parents or physical custodians are also hand field
workers;
(4) for purposes of section 177.24, an individual under 18
who is employed as a corn detasseler;
(5) any staff member employed on a seasonal basis by an
organization for work in an organized resident or day camp
operating under a permit issued under section 144.72;
(6) any individual employed in a bona fide executive,
administrative, or professional capacity, or a salesperson who
conducts no more than 20 percent of sales on the premises of the
employer;
(7) any individual who renders service gratuitously for a
nonprofit organization;
(8) any individual who serves as an elected official for a
political subdivision or who serves on any governmental board,
commission, committee or other similar body, or who renders
service gratuitously for a political subdivision;
(9) any individual employed by a political subdivision to
provide police or fire protection services or employed by an
entity whose principal purpose is to provide police or fire
protection services to a political subdivision;
(10) any individual employed by a political subdivision who
is ineligible for membership in the Public Employees Retirement
Association under section 353.01, subdivision 2b, clause (1),
(2), (4), or (9);
(11) any driver employed by an employer engaged in the
business of operating taxicabs;
(12) any individual engaged in babysitting as a sole
practitioner;
(13) for the purpose of section 177.25, any individual
employed on a seasonal basis in a carnival, circus, fair, or ski
facility;
(14) any individual under 18 working less than 20 hours per
workweek for a municipality as part of a recreational program;
(15) any individual employed by the state as a natural
resource manager 1, 2, or 3 (conservation officer);
(16) any individual in a position for which the United
States Department of Transportation has power to establish
qualifications and maximum hours of service under United States
Code, title 49, section 304 31502;
(17) any individual employed as a seafarer. The term
"seafarer" means a master of a vessel or any person subject to
the authority, direction, and control of the master who is
exempt from federal overtime standards under United States Code,
title 29, section 213(b)(6), including but not limited to
pilots, sailors, engineers, radio operators, firefighters,
security guards, pursers, surgeons, cooks, and stewards;
(18) any individual employed by a county in a single-family
residence owned by a county home school as authorized under
section 260B.060 if the residence is an extension facility of
that county home school, and if the individual as part of the
employment duties resides at the residence for the purpose of
supervising children as defined by section 260C.007, subdivision
4; or
(19) nuns, monks, priests, lay brothers, lay sisters,
ministers, deacons, and other members of religious orders who
serve pursuant to their religious obligations in schools,
hospitals, and other nonprofit institutions operated by the
church or religious order.
Sec. 34. Minnesota Statutes 2004, section 216B.61, is
amended to read:
216B.61 [ACTIONS TO RECOVER PENALTIES.]
Actions to recover penalties under Laws 1974, this chapter
429 shall be brought in the name of the state of Minnesota in
the district court of Ramsey County.
Sec. 35. Minnesota Statutes 2004, section 237.763, is
amended to read:
237.763 [EXEMPTION FROM EARNINGS REGULATION AND
INVESTIGATION.]
Except as provided in the plan and any subsequent plans, a
company that has an alternative regulation plan approved under
section 237.764, is not subject to the rate-of-return regulation
or earnings investigations provisions of section 237.075 or
237.081 during the term of the plan. A company with an approved
plan is not subject to the provisions of section 237.57; 237.59;
237.60, subdivisions 1, 2, 4, and 5; 237.63; or 237.65, during
the term of the plan. Except as specifically provided in this
section or in the approved plan, the commission retains all of
its authority under section 237.081 to investigate other matters
and to issue appropriate orders, and the department retains its
authority under sections 216A.07 and 237.15 to investigate
matters other than the earnings of the company.
Sec. 36. Minnesota Statutes 2004, section 238.37, is
amended to read:
238.37 [SCOPE; POLE, DUCT, AND CONDUIT AGREEMENTS.]
Sections 238.02, subdivisions 3a, 20a, and 31b, and 238.36
238.37 to 238.42 only apply to pole, duct, and conduit
agreements entered into or renewed between public utilities and
cable communications systems on or after January 1, 1976, and
have no application to those agreements executed before January
1, 1976, until those agreements are either renewed or
substantially renegotiated. If a public utility company and a
cable communications system enter into an agreement regarding
only pole attachments, sections 238.02, subdivisions 3a, 20a,
and 31b, and 238.36 238.37 to 238.42 relating to conduit systems
are applicable to that agreement and if a public utility company
and a cable communications system enter into an agreement
regarding only use of a conduit system, sections 238.02,
subdivisions 3a, 20a, and 31b, and 238.36 238.37 to 238.42
relating to pole attachments are not applicable to that
agreement.
Sec. 37. Minnesota Statutes 2004, section 238.38, is
amended to read:
238.38 [PERMIT TO ATTACH TO POLE OR CONDUIT SYSTEM.]
Every pole, duct, and conduit agreement must contain a
provision that before attaching to the public utility company's
poles or occupying any part of the public utility's conduit
system, the cable communications system shall apply and receive
a permit for that purpose on a form provided by the public
utility company. If the cable communications system accepts the
permit, it may attach its equipment to the poles covered by the
permit or occupy the conduit system of the public utility to the
extent authorized by the permit, subject to sections 238.02,
subdivisions 3a, 20a, and 31b, and 238.36 238.37 to 238.42 and
the terms of the agreement between the contracting parties. In
granting or denying a permit, the public utility has the right
to determine whether a grant of a permit would adversely affect
its public services, duties, and obligations or have an adverse
effect on the economy, safety, and future needs of the public
utility.
Sec. 38. Minnesota Statutes 2004, section 238.42, is
amended to read:
238.42 [ADDITIONAL CONTRACT TERMS.]
Nothing contained in sections 238.02, subdivisions 3a, 20a,
and 31b, and 238.36 238.37 to 238.42 in any way prohibits a
public utility company from including in its pole, duct, and
conduit agreements with cable communications systems additional
terms which do not conflict with sections 238.02, subdivisions
3a, 20a, and 31b, and 238.36 238.37 to 238.42.
Sec. 39. Minnesota Statutes 2004, section 239.791,
subdivision 15, is amended to read:
Subd. 15. [EXEMPTION FOR CERTAIN BLEND PUMPS.] A person
responsible for the product, who offers for sale, sells, or
dispenses nonoxygenated premium gasoline under one or more of
the exemptions in subdivisions 10 to 14, may sell, offer for
sale, or dispense oxygenated gasoline that contains less than
the minimum amount of ethanol required under subdivision 1 if
all of the following conditions are met:
(1) the blended gasoline has an octane rating of 88 or
greater;
(2) the gasoline is a blend of oxygenated gasoline meeting
the requirements of subdivision 1 with nonoxygenated premium
gasoline;
(3) the blended gasoline contains not more than ten percent
nonoxygenated premium gasoline;
(4) the blending of oxygenated gasoline with nonoxygenated
gasoline occurs within the gasoline dispenser; and
(5) the gasoline station at which the gasoline is sold,
offered for sale, or delivered is equipped to store gasoline in
not more than two storage tanks.
This subdivision applies only to those persons who meet met
the conditions in clauses (1) through (5) on the effective date
of this act August 1, 2004, and have registered with the
director within three months of the effective date of this
act by November 1, 2004.
Sec. 40. Minnesota Statutes 2004, section 244.05,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate
serving a mandatory life sentence under section 609.106 must not
be given supervised release under this section. An inmate
serving a mandatory life sentence under section 609.185, clause
(1), (3), (5), or (6); or 609.109, subdivision 2a 3, must not be
given supervised release under this section without having
served a minimum term of 30 years. An inmate serving a
mandatory life sentence under section 609.385 must not be given
supervised release under this section without having served a
minimum term of imprisonment of 17 years.
Sec. 41. Minnesota Statutes 2004, section 244.05,
subdivision 5, is amended to read:
Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185, clause (1), (3),
(5), or (6); 609.109, subdivision 2a 3; or 609.385 after the
inmate has served the minimum term of imprisonment specified in
subdivision 4.
(b) The commissioner shall require the preparation of a
community investigation report and shall consider the findings
of the report when making a supervised release decision under
this subdivision. The report shall reflect the sentiment of the
various elements of the community toward the inmate, both at the
time of the offense and at the present time. The report shall
include the views of the sentencing judge, the prosecutor, any
law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have
information relevant to the supervised release decision. The
report shall also include the views of the victim and the
victim's family unless the victim or the victim's family chooses
not to participate.
(c) The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's supervised release review hearing. The victim has a
right to submit an oral or written statement at the review
hearing. The statement may summarize the harm suffered by the
victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the
victim's statement when making the supervised release decision.
(d) As used in this subdivision, "victim" means the
individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving
spouse or next of kin.
Sec. 42. Minnesota Statutes 2004, section 245.466,
subdivision 1, is amended to read:
Subdivision 1. [DEVELOPMENT OF SERVICES.] The county board
in each county is responsible for using all available resources
to develop and coordinate a system of locally available and
affordable adult mental health services. The county board may
provide some or all of the mental health services and activities
specified in subdivision 2 directly through a county agency or
under contracts with other individuals or agencies. A county or
counties may enter into an agreement with a regional treatment
center under section 246.57 or with any state facility or
program as defined in section 246.50, subdivision 3, to enable
the county or counties to provide the treatment services in
subdivision 2. Services provided through an agreement between a
county and a regional treatment center must meet the same
requirements as services from other service providers. County
boards shall demonstrate their continuous progress toward full
implementation of sections 245.461 to 245.486 during the period
July 1, 1987, to January 1, 1990. County boards must develop
fully each of the treatment services and management activities
prescribed by sections 245.461 to 245.486 by January 1, 1990,
according to the priorities established in section 245.464 and
the adult mental health component of the community social
services plan approved by the commissioner.
Sec. 43. Minnesota Statutes 2004, section 245.4875,
subdivision 1, is amended to read:
Subdivision 1. [DEVELOPMENT OF CHILDREN'S SERVICES.] The
county board in each county is responsible for using all
available resources to develop and coordinate a system of
locally available and affordable children's mental health
services. The county board may provide some or all of the
children's mental health services and activities specified in
subdivision 2 directly through a county agency or under
contracts with other individuals or agencies. A county or
counties may enter into an agreement with a regional treatment
center under section 246.57 to enable the county or counties to
provide the treatment services in subdivision 2. Services
provided through an agreement between a county and a regional
treatment center must meet the same requirements as services
from other service providers. County boards shall demonstrate
their continuous progress toward fully implementing sections
245.487 to 245.4887 during the period July 1, 1989, to January
1, 1992. County boards must develop fully each of the treatment
services prescribed by sections 245.487 to 245.4887 by January
1, 1992, according to the priorities established in section
245.4873 and the children's mental health component of the
community social services plan approved by the commissioner
under section 245.4887.
Sec. 44. Minnesota Statutes 2004, section 245.75, is
amended to read:
245.75 [FEDERAL GRANTS FOR THE WELFARE AND RELIEF OF
MINNESOTA INDIANS.]
The commissioner of human services is authorized to enter
into contracts with the Department of Health, Education, Welfare
and the Department of Interior, Bureau of Indian Affairs, for
the purpose of receiving federal grants for the welfare and
relief of Minnesota Indians. Such contract and the plan of
distribution of such funds shall be subject to approval of the
Minnesota Public Relief Advisory Committee.
Sec. 45. Minnesota Statutes 2004, section 246B.04,
subdivision 2, is amended to read:
Subd. 2. [BAN ON OBSCENE MATERIAL OR PORNOGRAPHIC WORK.]
The commissioner shall prohibit persons civilly committed as
sexual psychopathic personalities or sexually dangerous persons
under sections 246.43 and section 253B.185 from having or
receiving material that is obscene as defined under section
617.241, subdivision 1, material that depicts sexual conduct as
defined under section 617.241, subdivision 1, or pornographic
work as defined under section 617.246, subdivision 1, while
receiving services in any secure treatment facilities operated
by the Minnesota sex offender program or any other facilities
operated by the commissioner.
Sec. 46. Minnesota Statutes 2004, section 252.24,
subdivision 5, is amended to read:
Subd. 5. [DEVELOPMENTAL ACHIEVEMENT CENTERS: SALARY
ADJUSTMENT PER DIEM.] The commissioner shall approve a two
percent increase in the payment rates for day training and
habilitation services vendors effective July 1, 1991. All
revenue generated shall be used by vendors to increase salaries,
fringe benefits, and payroll taxes by at least three percent for
personnel below top management. County boards shall amend
contracts with vendors to require that all revenue generated by
this provision is expended on salary increases to staff below
top management. County boards shall verify in writing to the
commissioner that each vendor has complied with this
requirement. If a county board determines that a vendor has not
complied with this requirement for a specific contract period,
the county board shall reduce the vendor's payment rates for the
next contract period to reflect the amount of money not spent
appropriately. The commissioner shall modify reporting
requirements for vendors and counties as necessary to monitor
compliance with this provision.
Each county agency shall report to the commissioner by July
30, 1991, its actual social service day training and
habilitation expenditures for calendar year 1990. The
commissioner shall allocate the day habilitation service CSSA
appropriation made available for this purpose to county agencies
in proportion to these expenditures.
Sec. 47. Minnesota Statutes 2004, section 256B.055,
subdivision 12, is amended to read:
Subd. 12. [DISABLED CHILDREN.] (a) A person is eligible
for medical assistance if the person is under age 19 and
qualifies as a disabled individual under United States Code,
title 42, section 1382c(a), and would be eligible for medical
assistance under the state plan if residing in a medical
institution, and the child requires a level of care provided in
a hospital, nursing facility, or intermediate care facility for
persons with mental retardation or related conditions, for whom
home care is appropriate, provided that the cost to medical
assistance under this section is not more than the amount that
medical assistance would pay for if the child resides in an
institution. After the child is determined to be eligible under
this section, the commissioner shall review the child's
disability under United States Code, title 42, section 1382c(a)
and level of care defined under this section no more often than
annually and may elect, based on the recommendation of health
care professionals under contract with the state medical review
team, to extend the review of disability and level of care up to
a maximum of four years. The commissioner's decision on the
frequency of continuing review of disability and level of care
is not subject to administrative appeal under section 256.045.
Nothing in this subdivision shall be construed as affecting
other redeterminations of medical assistance eligibility under
this chapter and annual cost-effective reviews under this
section.
(b) For purposes of this subdivision, "hospital" means an
institution as defined in section 144.696, subdivision 3,
144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and
licensed pursuant to sections 144.50 to 144.58. For purposes of
this subdivision, a child requires a level of care provided in a
hospital if the child is determined by the commissioner to need
an extensive array of health services, including mental health
services, for an undetermined period of time, whose health
condition requires frequent monitoring and treatment by a health
care professional or by a person supervised by a health care
professional, who would reside in a hospital or require frequent
hospitalization if these services were not provided, and the
daily care needs are more complex than a nursing facility level
of care.
A child with serious emotional disturbance requires a level
of care provided in a hospital if the commissioner determines
that the individual requires 24-hour supervision because the
person exhibits recurrent or frequent suicidal or homicidal
ideation or behavior, recurrent or frequent psychosomatic
disorders or somatopsychic disorders that may become life
threatening, recurrent or frequent severe socially unacceptable
behavior associated with psychiatric disorder, ongoing and
chronic psychosis or severe, ongoing and chronic developmental
problems requiring continuous skilled observation, or severe
disabling symptoms for which office-centered outpatient
treatment is not adequate, and which overall severely impact the
individual's ability to function.
(c) For purposes of this subdivision, "nursing facility"
means a facility which provides nursing care as defined in
section 144A.01, subdivision 5, licensed pursuant to sections
144A.02 to 144A.10, which is appropriate if a person is in
active restorative treatment; is in need of special treatments
provided or supervised by a licensed nurse; or has unpredictable
episodes of active disease processes requiring immediate
judgment by a licensed nurse. For purposes of this subdivision,
a child requires the level of care provided in a nursing
facility if the child is determined by the commissioner to meet
the requirements of the preadmission screening assessment
document under section 256B.0911 and the home care independent
rating document under section 256B.0627, subdivision 5,
paragraph (f) (e), clause (2), item (iii), adjusted to address
age-appropriate standards for children age 18 and under,
pursuant to section 256B.0627, subdivision 5, paragraph (d),
clause (2).
(d) For purposes of this subdivision, "intermediate care
facility for persons with mental retardation or related
conditions" or "ICF/MR" means a program licensed to provide
services to persons with mental retardation under section
252.28, and chapter 245A, and a physical plant licensed as a
supervised living facility under chapter 144, which together are
certified by the Minnesota Department of Health as meeting the
standards in Code of Federal Regulations, title 42, part 483,
for an intermediate care facility which provides services for
persons with mental retardation or persons with related
conditions who require 24-hour supervision and active treatment
for medical, behavioral, or habilitation needs. For purposes of
this subdivision, a child requires a level of care provided in
an ICF/MR if the commissioner finds that the child has mental
retardation or a related condition in accordance with section
256B.092, is in need of a 24-hour plan of care and active
treatment similar to persons with mental retardation, and there
is a reasonable indication that the child will need ICF/MR
services.
(e) For purposes of this subdivision, a person requires the
level of care provided in a nursing facility if the person
requires 24-hour monitoring or supervision and a plan of mental
health treatment because of specific symptoms or functional
impairments associated with a serious mental illness or disorder
diagnosis, which meet severity criteria for mental health
established by the commissioner and published in March 1997 as
the Minnesota Mental Health Level of Care for Children and
Adolescents with Severe Emotional Disorders.
(f) The determination of the level of care needed by the
child shall be made by the commissioner based on information
supplied to the commissioner by the parent or guardian, the
child's physician or physicians, and other professionals as
requested by the commissioner. The commissioner shall establish
a screening team to conduct the level of care determinations
according to this subdivision.
(g) If a child meets the conditions in paragraph (b), (c),
(d), or (e), the commissioner must assess the case to determine
whether:
(1) the child qualifies as a disabled individual under
United States Code, title 42, section 1382c(a), and would be
eligible for medical assistance if residing in a medical
institution; and
(2) the cost of medical assistance services for the child,
if eligible under this subdivision, would not be more than the
cost to medical assistance if the child resides in a medical
institution to be determined as follows:
(i) for a child who requires a level of care provided in an
ICF/MR, the cost of care for the child in an institution shall
be determined using the average payment rate established for the
regional treatment centers that are certified as ICFs/MR;
(ii) for a child who requires a level of care provided in
an inpatient hospital setting according to paragraph (b),
cost-effectiveness shall be determined according to Minnesota
Rules, part 9505.3520, items F and G; and
(iii) for a child who requires a level of care provided in
a nursing facility according to paragraph (c) or (e),
cost-effectiveness shall be determined according to Minnesota
Rules, part 9505.3040, except that the nursing facility average
rate shall be adjusted to reflect rates which would be paid for
children under age 16. The commissioner may authorize an amount
up to the amount medical assistance would pay for a child
referred to the commissioner by the preadmission screening team
under section 256B.0911.
(h) Children eligible for medical assistance services under
section 256B.055, subdivision 12, as of June 30, 1995, must be
screened according to the criteria in this subdivision prior to
January 1, 1996. Children found to be ineligible may not be
removed from the program until January 1, 1996.
Sec. 48. Minnesota Statutes 2004, section 256B.0625,
subdivision 6a, is amended to read:
Subd. 6a. [HOME HEALTH SERVICES.] Home health services are
those services specified in Minnesota Rules, part
9505.0290 9505.0295. Medical assistance covers home health
services at a recipient's home residence. Medical assistance
does not cover home health services for residents of a hospital,
nursing facility, or intermediate care facility, unless the
commissioner of human services has prior authorized skilled
nurse visits for less than 90 days for a resident at an
intermediate care facility for persons with mental retardation,
to prevent an admission to a hospital or nursing facility or
unless a resident who is otherwise eligible is on leave from the
facility and the facility either pays for the home health
services or forgoes the facility per diem for the leave days
that home health services are used. Home health services must
be provided by a Medicare certified home health agency. All
nursing and home health aide services must be provided according
to section 256B.0627.
Sec. 49. Minnesota Statutes 2004, section 256B.0627,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] (a) "Activities of daily
living" includes eating, toileting, grooming, dressing, bathing,
transferring, mobility, and positioning.
(b) "Assessment" means a review and evaluation of a
recipient's need for home care services conducted in person.
Assessments for private duty nursing shall be conducted by a
registered private duty nurse. Assessments for home health
agency services shall be conducted by a home health agency
nurse. Assessments for personal care assistant services shall
be conducted by the county public health nurse or a certified
public health nurse under contract with the county. A
face-to-face assessment must include: documentation of health
status, determination of need, evaluation of service
effectiveness, identification of appropriate services, service
plan development or modification, coordination of services,
referrals and follow-up to appropriate payers and community
resources, completion of required reports, recommendation of
service authorization, and consumer education. Once the need
for personal care assistant services is determined under this
section, the county public health nurse or certified public
health nurse under contract with the county is responsible for
communicating this recommendation to the commissioner and the
recipient. A face-to-face assessment for personal care
assistant services is conducted on those recipients who have
never had a county public health nurse assessment. A
face-to-face assessment must occur at least annually or when
there is a significant change in the recipient's condition or
when there is a change in the need for personal care assistant
services. A service update may substitute for the annual
face-to-face assessment when there is not a significant change
in recipient condition or a change in the need for personal care
assistant service. A service update or review for temporary
increase includes a review of initial baseline data, evaluation
of service effectiveness, redetermination of service need,
modification of service plan and appropriate referrals, update
of initial forms, obtaining service authorization, and on going
consumer education. Assessments for medical assistance home
care services for mental retardation or related conditions and
alternative care services for developmentally disabled home and
community-based waivered recipients may be conducted by the
county public health nurse to ensure coordination and avoid
duplication. Assessments must be completed on forms provided by
the commissioner within 30 days of a request for home care
services by a recipient or responsible party.
(c) "Care plan" means a written description of personal
care assistant services developed by the qualified professional
or the recipient's physician with the recipient or responsible
party to be used by the personal care assistant with a copy
provided to the recipient or responsible party.
(d) "Complex and regular private duty nursing care" means:
(1) complex care is private duty nursing provided to
recipients who are ventilator dependent or for whom a physician
has certified that were it not for private duty nursing the
recipient would meet the criteria for inpatient hospital
intensive care unit (ICU) level of care; and
(2) regular care is private duty nursing provided to all
other recipients.
(e) "Health-related functions" means functions that can be
delegated or assigned by a licensed health care professional
under state law to be performed by a personal care
attendant assistant.
(f) "Home care services" means a health service, determined
by the commissioner as medically necessary, that is ordered by a
physician and documented in a service plan that is reviewed by
the physician at least once every 60 days for the provision of
home health services, or private duty nursing, or at least once
every 365 days for personal care. Home care services are
provided to the recipient at the recipient's residence that is a
place other than a hospital or long-term care facility or as
specified in section 256B.0625.
(g) "Instrumental activities of daily living" includes meal
planning and preparation, managing finances, shopping for food,
clothing, and other essential items, performing essential
household chores, communication by telephone and other media,
and getting around and participating in the community.
(h) "Medically necessary" has the meaning given in
Minnesota Rules, parts 9505.0170 to 9505.0475.
(i) "Personal care assistant" means a person who:
(1) is at least 18 years old, except for persons 16 to 18
years of age who participated in a related school-based job
training program or have completed a certified home health aide
competency evaluation;
(2) is able to effectively communicate with the recipient
and personal care provider organization;
(3) effective July 1, 1996, has completed one of the
training requirements as specified in Minnesota Rules, part
9505.0335, subpart 3, items A to D;
(4) has the ability to, and provides covered personal care
assistant services according to the recipient's care plan,
responds appropriately to recipient needs, and reports changes
in the recipient's condition to the supervising qualified
professional or physician;
(5) is not a consumer of personal care assistant services;
and
(6) is subject to criminal background checks and procedures
specified in chapter 245C.
(j) "Personal care provider organization" means an
organization enrolled to provide personal care assistant
services under the medical assistance program that complies with
the following: (1) owners who have a five percent interest or
more, and managerial officials are subject to a background study
as provided in chapter 245C. This applies to currently enrolled
personal care provider organizations and those agencies seeking
enrollment as a personal care provider organization. An
organization will be barred from enrollment if an owner or
managerial official of the organization has been convicted of a
crime specified in chapter 245C, or a comparable crime in
another jurisdiction, unless the owner or managerial official
meets the reconsideration criteria specified in chapter 245C;
(2) the organization must maintain a surety bond and liability
insurance throughout the duration of enrollment and provides
proof thereof. The insurer must notify the Department of Human
Services of the cancellation or lapse of policy; and (3) the
organization must maintain documentation of services as
specified in Minnesota Rules, part 9505.2175, subpart 7, as well
as evidence of compliance with personal care assistant training
requirements.
(k) "Responsible party" means an individual who is capable
of providing the support necessary to assist the recipient to
live in the community, is at least 18 years old, actively
participates in planning and directing of personal care
assistant services, and is not the personal care assistant. The
responsible party must be accessible to the recipient and the
personal care assistant when personal care services are being
provided and monitor the services at least weekly according to
the plan of care. The responsible party must be identified at
the time of assessment and listed on the recipient's service
agreement and care plan. Responsible parties may delegate the
responsibility to another adult who is not the personal care
assistant. The responsible party must assure that the delegate
performs the functions of the responsible party, is identified
at the time of the assessment, and is listed on the service
agreement and the care plan. Foster care license holders may be
designated the responsible party for residents of the foster
care home if case management is provided as required in section
256B.0625, subdivision 19a. For persons who, as of April 1,
1992, are sharing personal care assistant services in order to
obtain the availability of 24-hour coverage, an employee of the
personal care provider organization may be designated as the
responsible party if case management is provided as required in
section 256B.0625, subdivision 19a.
(l) "Service plan" means a written description of the
services needed based on the assessment developed by the nurse
who conducts the assessment together with the recipient or
responsible party. The service plan shall include a description
of the covered home care services, frequency and duration of
services, and expected outcomes and goals. The recipient and
the provider chosen by the recipient or responsible party must
be given a copy of the completed service plan within 30 calendar
days of the request for home care services by the recipient or
responsible party.
(m) "Skilled nurse visits" are provided in a recipient's
residence under a plan of care or service plan that specifies a
level of care which the nurse is qualified to provide. These
services are:
(1) nursing services according to the written plan of care
or service plan and accepted standards of medical and nursing
practice in accordance with chapter 148;
(2) services which due to the recipient's medical condition
may only be safely and effectively provided by a registered
nurse or a licensed practical nurse;
(3) assessments performed only by a registered nurse; and
(4) teaching and training the recipient, the recipient's
family, or other caregivers requiring the skills of a registered
nurse or licensed practical nurse.
(n) "Telehomecare" means the use of telecommunications
technology by a home health care professional to deliver home
health care services, within the professional's scope of
practice, to a patient located at a site other than the site
where the practitioner is located.
Sec. 50. Minnesota Statutes 2004, section 256B.0627,
subdivision 5, is amended to read:
Subd. 5. [LIMITATION ON PAYMENTS.] Medical assistance
payments for home care services shall be limited according to
this subdivision.
(a) [LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A
recipient may receive the following home care services during a
calendar year:
(1) up to two face-to-face assessments to determine a
recipient's need for personal care assistant services;
(2) one service update done to determine a recipient's need
for personal care assistant services; and
(3) up to nine skilled nurse visits.
(b) [PRIOR AUTHORIZATION; EXCEPTIONS.] All home care
services above the limits in paragraph (a) must receive the
commissioner's prior authorization, except when:
(1) the home care services were required to treat an
emergency medical condition that if not immediately treated
could cause a recipient serious physical or mental disability,
continuation of severe pain, or death. The provider must
request retroactive authorization no later than five working
days after giving the initial service. The provider must be
able to substantiate the emergency by documentation such as
reports, notes, and admission or discharge histories;
(2) the home care services were provided on or after the
date on which the recipient's eligibility began, but before the
date on which the recipient was notified that the case was
opened. Authorization will be considered if the request is
submitted by the provider within 20 working days of the date the
recipient was notified that the case was opened;
(3) a third-party payor for home care services has denied
or adjusted a payment. Authorization requests must be submitted
by the provider within 20 working days of the notice of denial
or adjustment. A copy of the notice must be included with the
request;
(4) the commissioner has determined that a county or state
human services agency has made an error; or
(5) the professional nurse determines an immediate need for
up to 40 skilled nursing or home health aide visits per calendar
year and submits a request for authorization within 20 working
days of the initial service date, and medical assistance is
determined to be the appropriate payer.
(c) [RETROACTIVE AUTHORIZATION.] A request for retroactive
authorization will be evaluated according to the same criteria
applied to prior authorization requests.
(d) [ASSESSMENT AND SERVICE PLAN.] Assessments under
section 256B.0627, subdivision 1, paragraph (a) (b), shall be
conducted initially, and at least annually thereafter, in person
with the recipient and result in a completed service plan using
forms specified by the commissioner. Within 30 days of
recipient or responsible party request for home care services,
the assessment, the service plan, and other information
necessary to determine medical necessity such as diagnostic or
testing information, social or medical histories, and hospital
or facility discharge summaries shall be submitted to the
commissioner. Notwithstanding the provisions of section
256B.0627, subdivision 12, the commissioner shall maximize
federal financial participation to pay for public health nurse
assessments for personal care services. For personal care
assistant services:
(1) The amount and type of service authorized based upon
the assessment and service plan will follow the recipient if the
recipient chooses to change providers.
(2) If the recipient's medical need changes, the
recipient's provider may assess the need for a change in service
authorization and request the change from the county public
health nurse. Within 30 days of the request, the public health
nurse will determine whether to request the change in services
based upon the provider assessment, or conduct a home visit to
assess the need and determine whether the change is appropriate.
(3) To continue to receive personal care assistant services
after the first year, the recipient or the responsible party, in
conjunction with the public health nurse, may complete a service
update on forms developed by the commissioner according to
criteria and procedures in subdivision 1.
(e) [PRIOR AUTHORIZATION.] The commissioner, or the
commissioner's designee, shall review the assessment, service
update, request for temporary services, service plan, and any
additional information that is submitted. The commissioner
shall, within 30 days after receiving a complete request,
assessment, and service plan, authorize home care services as
follows:
(1) [HOME HEALTH SERVICES.] All home health services
provided by a home health aide must be prior authorized by the
commissioner or the commissioner's designee. Prior
authorization must be based on medical necessity and
cost-effectiveness when compared with other care options. When
home health services are used in combination with personal care
and private duty nursing, the cost of all home care services
shall be considered for cost-effectiveness. The commissioner
shall limit home health aide visits to no more than one visit
each per day. The commissioner, or the commissioner's designee,
may authorize up to two skilled nurse visits per day.
(2) [PERSONAL CARE ASSISTANT SERVICES.] (i) All personal
care assistant services and supervision by a qualified
professional, if requested by the recipient, must be prior
authorized by the commissioner or the commissioner's designee
except for the assessments established in paragraph (a). The
amount of personal care assistant services authorized must be
based on the recipient's home care rating. A child may not be
found to be dependent in an activity of daily living if because
of the child's age an adult would either perform the activity
for the child or assist the child with the activity and the
amount of assistance needed is similar to the assistance
appropriate for a typical child of the same age. Based on
medical necessity, the commissioner may authorize:
(A) up to two times the average number of direct care hours
provided in nursing facilities for the recipient's comparable
case mix level; or
(B) up to three times the average number of direct care
hours provided in nursing facilities for recipients who have
complex medical needs or are dependent in at least seven
activities of daily living and need physical assistance with
eating or have a neurological diagnosis; or
(C) up to 60 percent of the average reimbursement rate, as
of July 1, 1991, for care provided in a regional treatment
center for recipients who have Level I behavior, plus any
inflation adjustment as provided by the legislature for personal
care service; or
(D) up to the amount the commissioner would pay, as of July
1, 1991, plus any inflation adjustment provided for home care
services, for care provided in a regional treatment center for
recipients referred to the commissioner by a regional treatment
center preadmission evaluation team. For purposes of this
clause, home care services means all services provided in the
home or community that would be included in the payment to a
regional treatment center; or
(E) up to the amount medical assistance would reimburse for
facility care for recipients referred to the commissioner by a
preadmission screening team established under section 256B.0911
or 256B.092; and
(F) a reasonable amount of time for the provision of
supervision by a qualified professional of personal care
assistant services, if a qualified professional is requested by
the recipient or responsible party.
(ii) The number of direct care hours shall be determined
according to the annual cost report submitted to the department
by nursing facilities. The average number of direct care hours,
as established by May 1, 1992, shall be calculated and
incorporated into the home care limits on July 1, 1992. These
limits shall be calculated to the nearest quarter hour.
(iii) The home care rating shall be determined by the
commissioner or the commissioner's designee based on information
submitted to the commissioner by the county public health nurse
on forms specified by the commissioner. The home care rating
shall be a combination of current assessment tools developed
under sections 256B.0911 and 256B.501 with an addition for
seizure activity that will assess the frequency and severity of
seizure activity and with adjustments, additions, and
clarifications that are necessary to reflect the needs and
conditions of recipients who need home care including children
and adults under 65 years of age. The commissioner shall
establish these forms and protocols under this section and shall
use an advisory group, including representatives of recipients,
providers, and counties, for consultation in establishing and
revising the forms and protocols.
(iv) A recipient shall qualify as having complex medical
needs if the care required is difficult to perform and because
of recipient's medical condition requires more time than
community-based standards allow or requires more skill than
would ordinarily be required and the recipient needs or has one
or more of the following:
(A) daily tube feedings;
(B) daily parenteral therapy;
(C) wound or decubiti care;
(D) postural drainage, percussion, nebulizer treatments,
suctioning, tracheotomy care, oxygen, mechanical ventilation;
(E) catheterization;
(F) ostomy care;
(G) quadriplegia; or
(H) other comparable medical conditions or treatments the
commissioner determines would otherwise require institutional
care.
(v) A recipient shall qualify as having Level I behavior if
there is reasonable supporting evidence that the recipient
exhibits, or that without supervision, observation, or
redirection would exhibit, one or more of the following
behaviors that cause, or have the potential to cause:
(A) injury to the recipient's own body;
(B) physical injury to other people; or
(C) destruction of property.
(vi) Time authorized for personal care relating to Level I
behavior in subclause (v), items (A) to (C), shall be based on
the predictability, frequency, and amount of intervention
required.
(vii) A recipient shall qualify as having Level II behavior
if the recipient exhibits on a daily basis one or more of the
following behaviors that interfere with the completion of
personal care assistant services under subdivision 4, paragraph
(a):
(A) unusual or repetitive habits;
(B) withdrawn behavior; or
(C) offensive behavior.
(viii) A recipient with a home care rating of Level II
behavior in subclause (vii), items (A) to (C), shall be rated as
comparable to a recipient with complex medical needs under
subclause (iv). If a recipient has both complex medical needs
and Level II behavior, the home care rating shall be the next
complex category up to the maximum rating under subclause (i),
item (B).
(3) [PRIVATE DUTY NURSING SERVICES.] All private duty
nursing services shall be prior authorized by the commissioner
or the commissioner's designee. Prior authorization for private
duty nursing services shall be based on medical necessity and
cost-effectiveness when compared with alternative care options.
The commissioner may authorize medically necessary private duty
nursing services in quarter-hour units when:
(i) the recipient requires more individual and continuous
care than can be provided during a nurse visit; or
(ii) the cares are outside of the scope of services that
can be provided by a home health aide or personal care assistant.
The commissioner may authorize:
(A) up to two times the average amount of direct care hours
provided in nursing facilities statewide for case mix
classification "K" as established by the annual cost report
submitted to the department by nursing facilities in May 1992;
(B) private duty nursing in combination with other home
care services up to the total cost allowed under clause (2);
(C) up to 16 hours per day if the recipient requires more
nursing than the maximum number of direct care hours as
established in item (A) and the recipient meets the hospital
admission criteria established under Minnesota Rules, parts
9505.0501 to 9505.0540.
The commissioner may authorize up to 16 hours per day of
medically necessary private duty nursing services or up to 24
hours per day of medically necessary private duty nursing
services until such time as the commissioner is able to make a
determination of eligibility for recipients who are
cooperatively applying for home care services under the
community alternative care program developed under section
256B.49, or until it is determined by the appropriate regulatory
agency that a health benefit plan is or is not required to pay
for appropriate medically necessary health care services.
Recipients or their representatives must cooperatively assist
the commissioner in obtaining this determination. Recipients
who are eligible for the community alternative care program may
not receive more hours of nursing under this section than would
otherwise be authorized under section 256B.49.
(4) [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is
ventilator-dependent, the monthly medical assistance
authorization for home care services shall not exceed what the
commissioner would pay for care at the highest cost hospital
designated as a long-term hospital under the Medicare program.
For purposes of this clause, home care services means all
services provided in the home that would be included in the
payment for care at the long-term hospital.
"Ventilator-dependent" means an individual who receives
mechanical ventilation for life support at least six hours per
day and is expected to be or has been dependent for at least 30
consecutive days.
(f) [PRIOR AUTHORIZATION; TIME LIMITS.] The commissioner
or the commissioner's designee shall determine the time period
for which a prior authorization shall be effective. If the
recipient continues to require home care services beyond the
duration of the prior authorization, the home care provider must
request a new prior authorization. Under no circumstances,
other than the exceptions in paragraph (b), shall a prior
authorization be valid prior to the date the commissioner
receives the request or for more than 12 months. A recipient
who appeals a reduction in previously authorized home care
services may continue previously authorized services, other than
temporary services under paragraph (h), pending an appeal under
section 256.045. The commissioner must provide a detailed
explanation of why the authorized services are reduced in amount
from those requested by the home care provider.
(g) [APPROVAL OF HOME CARE SERVICES.] The commissioner or
the commissioner's designee shall determine the medical
necessity of home care services, the level of caregiver
according to subdivision 2, and the institutional comparison
according to this subdivision, the cost-effectiveness of
services, and the amount, scope, and duration of home care
services reimbursable by medical assistance, based on the
assessment, primary payer coverage determination information as
required, the service plan, the recipient's age, the cost of
services, the recipient's medical condition, and diagnosis or
disability. The commissioner may publish additional criteria
for determining medical necessity according to section 256B.04.
(h) [PRIOR AUTHORIZATION REQUESTS; TEMPORARY SERVICES.]
The agency nurse, the independently enrolled private duty nurse,
or county public health nurse may request a temporary
authorization for home care services by telephone. The
commissioner may approve a temporary level of home care services
based on the assessment, and service or care plan information,
and primary payer coverage determination information as required.
Authorization for a temporary level of home care services
including nurse supervision is limited to the time specified by
the commissioner, but shall not exceed 45 days, unless extended
because the county public health nurse has not completed the
required assessment and service plan, or the commissioner's
determination has not been made. The level of services
authorized under this provision shall have no bearing on a
future prior authorization.
(i) [PRIOR AUTHORIZATION REQUIRED IN FOSTER CARE SETTING.]
Home care services provided in an adult or child foster care
setting must receive prior authorization by the department
according to the limits established in paragraph (a).
The commissioner may not authorize:
(1) home care services that are the responsibility of the
foster care provider under the terms of the foster care
placement agreement and administrative rules;
(2) personal care assistant services when the foster care
license holder is also the personal care provider or personal
care assistant unless the recipient can direct the recipient's
own care, or case management is provided as required in section
256B.0625, subdivision 19a;
(3) personal care assistant services when the responsible
party is an employee of, or under contract with, or has any
direct or indirect financial relationship with the personal care
provider or personal care assistant, unless case management is
provided as required in section 256B.0625, subdivision 19a; or
(4) personal care assistant and private duty nursing
services when the number of foster care residents is greater
than four unless the county responsible for the recipient's
foster placement made the placement prior to April 1, 1992,
requests that personal care assistant and private duty nursing
services be provided, and case management is provided as
required in section 256B.0625, subdivision 19a.
Sec. 51. Minnesota Statutes 2004, section 256B.0917,
subdivision 4, is amended to read:
Subd. 4. [ACCESSIBLE INFORMATION, SCREENING, AND
ASSESSMENT FUNCTION.] (a) The projects selected by and under
contract with the commissioner shall establish an accessible
information, screening, and assessment function for persons who
need assistance and information regarding long-term care. This
accessible information, screening, and assessment activity shall
include information and referral, early intervention, follow-up
contacts, telephone screening, home visits, assessments,
preadmission screening, and relocation case management for the
frail elderly and their caregivers in the area served by the
county or counties. The purpose is to ensure that information
and help is provided to elderly persons and their families in a
timely fashion, when they are making decisions about long-term
care. These functions may be split among various agencies, but
must be coordinated by the local long-term care coordinating
team.
(b) Accessible information, screening, and assessment
functions shall be reimbursed as follows:
(1) The screenings of all persons entering nursing homes
shall be reimbursed as defined in section 256B.0911, subdivision
6; and
(2) Additional state administrative funds shall be
available for the access, screening, and assessment activities
that are not reimbursed under clause (1). This amount shall not
exceed the amount authorized in the guidelines and in
instructions for the application and must be within the amount
appropriated for this activity.
(c) Any information and referral functions funded by other
sources, such as Title III of the Older Americans Act and Title
XX of the Social Security Act and the Community Social Services
Act, shall be considered by the local long-term care
coordinating team in establishing this function to avoid
duplication and to ensure access to information for persons
needing help and information regarding long-term care.
(d) The lead agency or the agencies under contract with the
lead agency which are responsible for the accessible
information, screening, and assessment function must complete
the forms and reports required by the commissioner as specified
in the contract.
Sec. 52. Minnesota Statutes 2004, section 256B.0917,
subdivision 5, is amended to read:
Subd. 5. [SERVICE DEVELOPMENT AND SERVICE DELIVERY.] (a)
In addition to the access, screening, and assessment activity,
each local strategy may include provisions for the following:
(1) the addition of a full-time staff person who is
responsible to develop the following services and recruit
providers as established in the contract:
(i) additional adult family foster care homes;
(ii) family adult day care providers as defined in section
256B.0919, subdivision 2;
(iii) an assisted living program in an apartment;
(iv) a congregate housing service project in a subsidized
housing project; and
(v) the expansion of evening and weekend coverage of home
care services as deemed necessary by the local strategic plan;
(2) small incentive grants to new adult family care
providers for renovations needed to meet licensure requirements;
(3) a plan to apply for a congregate housing service
project as identified in section 256.9731, authorized by the
Minnesota Board on Aging, to the extent that funds are
available;
(4) (3) a plan to divert new applicants to nursing homes
and to relocate a targeted population from nursing homes, using
the individual's own resources or the funding available for
services;
(5) (4) one or more caregiver support and respite care
projects, as described in subdivision 6; and
(6) (5) one or more living-at-home/block nurse projects, as
described in subdivisions 7 to 10.
(b) The expansion of alternative care clients under
paragraph (a) shall be accomplished with the funds provided
under section 256B.0913, and includes the allocation of targeted
funds. The funding for all participating counties must be
coordinated by the local long-term care coordinating team and
must be part of the local long-term care strategy. Alternative
care funds may be transferred from one SAIL county to another
within a designated SAIL project area during a fiscal year as
authorized by the local long-term care coordinating team and
approved by the commissioner. The base allocation used for a
future year shall reflect the final transfer. Each county
retains responsibility for reimbursement as defined in section
256B.0913, subdivision 12. All other requirements for the
alternative care program must be met unless an exception is
provided in this section. The commissioner may establish by
contract a reimbursement mechanism for alternative care that
does not require invoice processing through the Medical
Assistance Management Information System (MMIS). The
commissioner and local agencies must assure that the same client
and reimbursement data is obtained as is available under MMIS.
(c) The administration of these components is the
responsibility of the agencies selected by the local
coordinating team and under contract with the local lead
agency. However, administrative funds for paragraph (a),
clauses (2) to (5) (4), and grant funds for paragraph
(a), clauses (6) and (7) clause (5), shall be granted to the
local lead agency. The funding available for each component is
based on the plan submitted and the amount negotiated in the
contract.
Sec. 53. Minnesota Statutes 2004, section 256B.0951,
subdivision 8, is amended to read:
Subd. 8. [FEDERAL WAIVER.] The commissioner of human
services shall seek a federal waiver to allow intermediate care
facilities for persons with mental retardation (ICFs/MR) in
region 10 of Minnesota to participate in the alternative
licensing system. If it is necessary for purposes of
participation in this alternative licensing system for a
facility to be decertified as an ICF/MR facility according to
the terms of the federal waiver, when the facility seeks
recertification under the provisions of ICF/MR regulations at
the end of the demonstration project, it will not be considered
a new ICF/MR as defined under section 252.291 provided the
licensed capacity of the facility did not increase during its
participation in the alternative licensing system. The
provisions of sections 252.82 252.28, 252.292, and 256B.5011 to
256B.5015 will remain applicable for counties in region 10 of
Minnesota and the ICFs/MR located within those counties
notwithstanding a county's participation in the alternative
licensing system.
Sec. 54. Minnesota Statutes 2004, section 256B.431,
subdivision 14, is amended to read:
Subd. 14. [LIMITATIONS ON SALES OF NURSING FACILITIES.]
(a) For rate periods beginning on October 1, 1992, and for rate
years beginning after June 30, 1993, a nursing facility's
property-related payment rate as established under subdivision
13 shall be adjusted by either paragraph (b) or (c) for the sale
of the nursing facility, including sales occurring after June
30, 1992, as provided in this subdivision.
(b) If the nursing facility's property-related payment rate
under subdivision 13 prior to sale is greater than the nursing
facility's rental rate under Minnesota Rules, parts 9549.0010 to
9549.0080, and this section prior to sale, the nursing
facility's property-related payment rate after sale shall be the
greater of its property-related payment rate under subdivision
13 prior to sale or its rental rate under Minnesota Rules, parts
9549.0010 to 9549.0080, and this section calculated after sale.
(c) If the nursing facility's property-related payment rate
under subdivision 13 prior to sale is equal to or less than the
nursing facility's rental rate under Minnesota Rules, parts
9549.0010 to 9549.0080, and this section prior to sale, the
nursing facility's property-related payment rate after sale
shall be the nursing facility's property-related payment rate
under subdivision 13 plus the difference between its rental rate
calculated under Minnesota Rules, parts 9549.0010 to 9549.0080,
and this section prior to sale and its rental rate calculated
under Minnesota Rules, parts 9549.0010 to 9549.0080, and this
section calculated after sale.
(d) For purposes of this subdivision, "sale" means the
purchase of a nursing facility's capital assets with cash or
debt. The term sale does not include a stock purchase of a
nursing facility or any of the following transactions:
(1) a sale and leaseback to the same licensee that does not
constitute a change in facility license;
(2) a transfer of an interest to a trust;
(3) gifts or other transfers for no consideration;
(4) a merger of two or more related organizations;
(5) a change in the legal form of doing business, other
than a publicly held organization that becomes privately held or
vice versa;
(6) the addition of a new partner, owner, or shareholder
who owns less than 20 percent of the nursing facility or the
issuance of stock; and
(7) a sale, merger, reorganization, or any other transfer
of interest between related organizations other than those
permitted in this section.
(e) For purposes of this subdivision, "sale" includes the
sale or transfer of a nursing facility to a close relative as
defined in Minnesota Rules, part 9549.0020, subpart 38, item C,
upon the death of an owner, due to serious illness or
disability, as defined under the Social Security Act, under
United States Code, title 42, section 423(d)(1)(A), or upon
retirement of an owner from the business of owning or operating
a nursing home at 62 years of age or older. For sales to a
close relative allowed under this paragraph, otherwise
nonallowable debt resulting from seller financing of all or a
portion of the debt resulting from the sale shall be allowed and
shall not be subject to Minnesota Rules, part 9549.0060, subpart
5, item E, provided that in addition to existing requirements
for allowance of debt and interest, the debt is subject to
repayment through annual principal payments and the interest
rate on the related organization debt does not exceed three
percentage points above the posted yield for standard
conventional fixed rate mortgages of the Federal Home Loan
Mortgage Corporation for delivery in 60 days in effect on the
day of sale. If at any time, the seller forgives the related
organization debt allowed under this paragraph for other than
equal amount of payment on that debt, then the buyer shall pay
to the state the total revenue received by the nursing facility
after the sale attributable to the amount of allowable debt
which has been forgiven. Any assignment, sale, or transfer of
the debt instrument entered into by the close relatives, either
directly or indirectly, which grants to the close relative buyer
the right to receive all or a portion of the payments under the
debt instrument shall, effective on the date of the transfer,
result in the prospective reduction in the corresponding portion
of the allowable debt and interest expense. Upon the death of
the close relative seller, any remaining balance of the close
relative debt must be refinanced and such refinancing shall be
subject to the provisions of Minnesota Rules, part 9549.0060,
subpart 7, item G. This paragraph shall not apply to sales
occurring on or after June 30, 1997.
(f) For purposes of this subdivision, "effective date of
sale" means the later of either the date on which legal title to
the capital assets is transferred or the date on which closing
for the sale occurred.
(g) The effective day for the property-related payment rate
determined under this subdivision shall be the first day of the
month following the month in which the effective date of sale
occurs or October 1, 1992, whichever is later, provided that the
notice requirements under section 256B.47, subdivision 2, have
been met.
(h) Notwithstanding Minnesota Rules, part 9549.0060,
subparts 5, item A, subitems (3) and (4), and 7, items E and F,
the commissioner shall limit the total allowable debt and
related interest for sales occurring after June 30, 1992, to the
sum of clauses (1) to (3):
(1) the historical cost of capital assets, as of the
nursing facility's most recent previous effective date of sale
or, if there has been no previous sale, the nursing facility's
initial historical cost of constructing capital assets;
(2) the average annual capital asset additions after
deduction for capital asset deletions, not including
depreciations; and
(3) one-half of the allowed inflation on the nursing
facility's capital assets. The commissioner shall compute the
allowed inflation as described in paragraph (i).
(i) For purposes of computing the amount of allowed
inflation, the commissioner must apply the following principles:
(1) the lesser of the Consumer Price Index for all urban
consumers or the Dodge Construction Systems Costs for Nursing
Homes for any time periods during which both are available must
be used. If the Dodge Construction Systems Costs for Nursing
Homes becomes unavailable, the commissioner shall substitute the
index in subdivision 3f, or such other index as the secretary of
the Centers for Medicare and Medicaid Services may designate;
(2) the amount of allowed inflation to be applied to the
capital assets in paragraph (g) (h), clauses (1) and (2), must
be computed separately;
(3) the amount of allowed inflation must be determined on
an annual basis, prorated on a monthly basis for partial years
and if the initial month of use is not determinable for a
capital asset, then one-half of that calendar year shall be used
for purposes of prorating;
(4) the amount of allowed inflation to be applied to the
capital assets in paragraph (g) (h), clauses (1) and (2), must
not exceed 300 percent of the total capital assets in any one of
those clauses; and
(5) the allowed inflation must be computed starting with
the month following the nursing facility's most recent previous
effective date of sale or, if there has been no previous sale,
the month following the date of the nursing facility's initial
occupancy, and ending with the month preceding the effective
date of sale.
(j) If the historical cost of a capital asset is not
readily available for the date of the nursing facility's most
recent previous sale or if there has been no previous sale for
the date of the nursing facility's initial occupancy, then the
commissioner shall limit the total allowable debt and related
interest after sale to the extent recognized by the Medicare
intermediary after the sale. For a nursing facility that has no
historical capital asset cost data available and does not have
allowable debt and interest calculated by the Medicare
intermediary, the commissioner shall use the historical cost of
capital asset data from the point in time for which capital
asset data is recorded in the nursing facility's audited
financial statements.
(k) The limitations in this subdivision apply only to debt
resulting from a sale of a nursing facility occurring after June
30, 1992, including debt assumed by the purchaser of the nursing
facility.
Sec. 55. Minnesota Statutes 2004, section 256G.01,
subdivision 3, is amended to read:
Subd. 3. [PROGRAM COVERAGE.] This chapter applies to all
social service programs administered by the commissioner in
which residence is the determining factor in establishing
financial responsibility. These include, but are not limited to:
commitment proceedings, including voluntary admissions;
emergency holds; poor relief funded wholly through local
agencies; social services, including title XX, IV-E and other
components of the Community Social Services Act, section
256E.12; social services programs funded wholly through the
resources of county agencies; social services provided under the
Minnesota Indian Family Preservation Act, sections 260.751 to
260.781; costs for delinquency confinement under section 393.07,
subdivision 2; service responsibility for these programs; and
group residential housing.
Sec. 56. Minnesota Statutes 2004, section 256L.07,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS.] (a) Children
enrolled in the original children's health plan as of September
30, 1992, children who enrolled in the MinnesotaCare program
after September 30, 1992, pursuant to Laws 1992, chapter 549,
article 4, section 17, and children who have family gross
incomes that are equal to or less than 150 percent of the
federal poverty guidelines are eligible without meeting the
requirements of subdivision 2 and the four-month requirement in
subdivision 3, as long as they maintain continuous coverage in
the MinnesotaCare program or medical assistance. Children who
apply for MinnesotaCare on or after the implementation date of
the employer-subsidized health coverage program as described in
Laws 1998, chapter 407, article 5, section 45, who have family
gross incomes that are equal to or less than 150 percent of the
federal poverty guidelines, must meet the requirements of
subdivision 2 to be eligible for MinnesotaCare.
(b) Families enrolled in MinnesotaCare under section
256L.04, subdivision 1, whose income increases above 275 percent
of the federal poverty guidelines, are no longer eligible for
the program and shall be disenrolled by the commissioner.
Individuals enrolled in MinnesotaCare under section 256L.04,
subdivision 7, whose income increases above 175 percent of the
federal poverty guidelines are no longer eligible for the
program and shall be disenrolled by the commissioner. For
persons disenrolled under this subdivision, MinnesotaCare
coverage terminates the last day of the calendar month following
the month in which the commissioner determines that the income
of a family or individual exceeds program income limits.
(c)(1) Notwithstanding paragraph (b), families enrolled in
MinnesotaCare under section 256L.04, subdivision 1, may remain
enrolled in MinnesotaCare if ten percent of their annual income
is less than the annual premium for a policy with a $500
deductible available through the Minnesota Comprehensive Health
Association. Families who are no longer eligible for
MinnesotaCare under this subdivision shall be given an 18-month
notice period from the date that ineligibility is determined
before disenrollment. This clause expires February 1, 2004.
(2) Effective February 1, 2004, Notwithstanding paragraph
(b), children may remain enrolled in MinnesotaCare if ten
percent of their annual family income is less than the annual
premium for a policy with a $500 deductible available through
the Minnesota Comprehensive Health Association. Children who
are no longer eligible for MinnesotaCare under this clause shall
be given a 12-month notice period from the date that
ineligibility is determined before disenrollment. The premium
for children remaining eligible under this clause shall be the
maximum premium determined under section 256L.15, subdivision 2,
paragraph (b).
(d) Effective July 1, 2003, Notwithstanding paragraphs (b)
and (c), parents are no longer not eligible for MinnesotaCare if
gross household income exceeds $50,000.
Sec. 57. Minnesota Statutes 2004, section 256L.15,
subdivision 2, is amended to read:
Subd. 2. [SLIDING FEE SCALE TO DETERMINE PERCENTAGE OF
GROSS INDIVIDUAL OR FAMILY INCOME.] (a) The commissioner shall
establish a sliding fee scale to determine the percentage of
gross individual or family income that households at different
income levels must pay to obtain coverage through the
MinnesotaCare program. The sliding fee scale must be based on
the enrollee's gross individual or family income. The sliding
fee scale must contain separate tables based on enrollment of
one, two, or three or more persons. The sliding fee scale
begins with a premium of 1.5 percent of gross individual or
family income for individuals or families with incomes below the
limits for the medical assistance program for families and
children in effect on January 1, 1999, and proceeds through the
following evenly spaced steps: 1.8, 2.3, 3.1, 3.8, 4.8, 5.9,
7.4, and 8.8 percent. These percentages are matched to evenly
spaced income steps ranging from the medical assistance income
limit for families and children in effect on January 1, 1999, to
275 percent of the federal poverty guidelines for the applicable
family size, up to a family size of five. The sliding fee scale
for a family of five must be used for families of more than
five. Effective October 1, 2003, the commissioner shall
increase each percentage by 0.5 percentage points for enrollees
with income greater than 100 percent but not exceeding 200
percent of the federal poverty guidelines and shall increase
each percentage by 1.0 percentage points for families and
children with incomes greater than 200 percent of the federal
poverty guidelines. The sliding fee scale and percentages are
not subject to the provisions of chapter 14. If a family or
individual reports increased income after enrollment, premiums
shall not be adjusted until eligibility renewal.
(b)(1) Enrolled families whose gross annual income
increases above 275 percent of the federal poverty guideline
shall pay the maximum premium. This clause expires effective
February 1, 2004.
(2) Effective February 1, 2004, Children in families whose
gross income is above 275 percent of the federal poverty
guidelines shall pay the maximum premium.
(3) The maximum premium is defined as a base charge for
one, two, or three or more enrollees so that if all
MinnesotaCare cases paid the maximum premium, the total revenue
would equal the total cost of MinnesotaCare medical coverage and
administration. In this calculation, administrative costs shall
be assumed to equal ten percent of the total. The costs of
medical coverage for pregnant women and children under age two
and the enrollees in these groups shall be excluded from the
total. The maximum premium for two enrollees shall be twice the
maximum premium for one, and the maximum premium for three or
more enrollees shall be three times the maximum premium for one.
Sec. 58. Minnesota Statutes 2004, section 256M.10,
subdivision 5, is amended to read:
Subd. 5. [FORMER CHILDREN'S SERVICES AND COMMUNITY SERVICE
GRANTS.] "Former children's services and community service
grants" means allocations for the following grants:
(1) community social service grants under section 252.24
and Minnesota Statutes 2002, sections 256E.06 and 256E.14;
(2) family preservation grants under section 256F.05,
subdivision 3;
(3) concurrent permanency planning grants under section
260C.213, subdivision 5;
(4) social service block grants (Title XX) under Minnesota
Statutes 2002, section 256E.07; and
(5) children's mental health grants under Minnesota
Statutes 2002, section sections 245.4886 and section 260.152.
Sec. 59. Minnesota Statutes 2004, section 260B.007,
subdivision 16, is amended to read:
Subd. 16. [JUVENILE PETTY OFFENDER; JUVENILE PETTY
OFFENSE.] (a) "Juvenile petty offense" includes a juvenile
alcohol offense, a juvenile controlled substance offense, a
violation of section 609.685, or a violation of a local
ordinance, which by its terms prohibits conduct by a child under
the age of 18 years which would be lawful conduct if committed
by an adult.
(b) Except as otherwise provided in paragraph (c),
"juvenile petty offense" also includes an offense that would be
a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the
following:
(1) a misdemeanor-level violation of section 518B.01,
588.20, 609.224, 609.2242, 609.324, 609.563 609.5632, 609.576,
609.66, 609.746, 609.748, 609.79, or 617.23;
(2) a major traffic offense or an adult court traffic
offense, as described in section 260B.225;
(3) a misdemeanor-level offense committed by a child whom
the juvenile court previously has found to have committed a
misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom
the juvenile court has found to have committed a
misdemeanor-level juvenile petty offense on two or more prior
occasions, unless the county attorney designates the child on
the petition as a juvenile petty offender notwithstanding this
prior record. As used in this clause, "misdemeanor-level
juvenile petty offense" includes a misdemeanor-level offense
that would have been a juvenile petty offense if it had been
committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a
"juvenile petty offender."
Sec. 60. Minnesota Statutes 2004, section 276.04,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF TAX STATEMENTS.] (a) The treasurer
shall provide for the printing of the tax statements. The
commissioner of revenue shall prescribe the form of the property
tax statement and its contents. The statement must contain a
tabulated statement of the dollar amount due to each taxing
authority and the amount of the state tax from the parcel of
real property for which a particular tax statement is prepared.
The dollar amounts attributable to the county, the state tax,
the voter approved school tax, the other local school tax, the
township or municipality, and the total of the metropolitan
special taxing districts as defined in section 275.065,
subdivision 3, paragraph (i), must be separately stated. The
amounts due all other special taxing districts, if any, may be
aggregated. If the county levy under this paragraph includes an
amount for a lake improvement district as defined under sections
103B.501 to 103B.581, the amount attributable for that purpose
must be separately stated from the remaining county levy
amount. The amount of the tax on homesteads qualifying under
the senior citizens' property tax deferral program under chapter
290B is the total amount of property tax before subtraction of
the deferred property tax amount. The amount of the tax on
contamination value imposed under sections 270.91 to 270.98, if
any, must also be separately stated. The dollar amounts,
including the dollar amount of any special assessments, may be
rounded to the nearest even whole dollar. For purposes of this
section whole odd-numbered dollars may be adjusted to the next
higher even-numbered dollar. The amount of market value
excluded under section 273.11, subdivision 16, if any, must also
be listed on the tax statement.
(b) The property tax statements for manufactured homes and
sectional structures taxed as personal property shall contain
the same information that is required on the tax statements for
real property.
(c) Real and personal property tax statements must contain
the following information in the order given in this paragraph.
The information must contain the current year tax information in
the right column with the corresponding information for the
previous year in a column on the left:
(1) the property's estimated market value under section
273.11, subdivision 1;
(2) the property's taxable market value after reductions
under section 273.11, subdivisions 1a and 16;
(3) the property's gross tax, calculated by adding the
property's total property tax to the sum of the aids enumerated
in clause (4);
(4) a total of the following aids:
(i) education aids payable under chapters 122A, 123A, 123B,
124D, 125A, 126C, and 127A;
(ii) local government aids for cities, towns, and counties
under chapter 477A; and
(iii) disparity reduction aid under section 273.1398;
(5) for homestead residential and agricultural properties,
the credits under section 273.1384;
(6) any credits received under sections 273.119; 273.123;
273.135; 273.1391; 273.1398, subdivision 4; 469.171; and
473H.10, except that the amount of credit received under section
273.135 must be separately stated and identified as "taconite
tax relief"; and
(7) the net tax payable in the manner required in paragraph
(a).
(d) If the county uses envelopes for mailing property tax
statements and if the county agrees, a taxing district may
include a notice with the property tax statement notifying
taxpayers when the taxing district will begin its budget
deliberations for the current year, and encouraging taxpayers to
attend the hearings. If the county allows notices to be
included in the envelope containing the property tax statement,
and if more than one taxing district relative to a given
property decides to include a notice with the tax statement, the
county treasurer or auditor must coordinate the process and may
combine the information on a single announcement.
The commissioner of revenue shall certify to the county
auditor the actual or estimated aids enumerated in paragraph
(c), clause (4), that local governments will receive in the
following year. The commissioner must certify this amount by
January 1 of each year.
Sec. 61. Minnesota Statutes 2004, section 290.095,
subdivision 1, is amended to read:
Subdivision 1. [ALLOWANCE OF DEDUCTION.] (a) There shall
be allowed as a deduction for the taxable year the amount of any
net operating loss deduction as provided in section 172 of the
Internal Revenue Code, subject to the limitations and
modifications provided in this section.
(b) A net operating loss deduction shall be available under
this section only to corporate taxpayers except that
subdivisions 7, 9, and 11 hereof apply only to individuals,
estates, and trusts.
(c) In the case of a regulated investment company or fund
thereof, as defined in section 851(a) or 851(g) of the Internal
Revenue Code, the deduction provided by this section shall not
be allowed.
Sec. 62. Minnesota Statutes 2004, section 299D.07, is
amended to read:
299D.07 [HELICOPTER, FIXED WING AIRCRAFT.]
The commissioner of public safety is hereby authorized to
retain, acquire, maintain and operate helicopters and fixed wing
aircraft for the purposes of the Highway State Patrol and the
Bureau of Criminal Apprehension and for any other law
enforcement purpose that the commissioner determines is
appropriate. The commissioner also is authorized to employ
State Patrol officer pilots as required.
Sec. 63. Minnesota Statutes 2004, section 299F.051,
subdivision 4, is amended to read:
Subd. 4. [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The
state fire marshal and the superintendent of the Bureau of
Criminal Apprehension shall encourage the cooperation of local
firefighters and peace officers in the investigation of
violations of sections 609.561 to 609.576 or other crimes
associated with reported fires in all appropriate ways,
including providing reimbursement to political subdivisions at a
rate not to exceed 50 percent of the salaries of peace officers
and firefighters for time spent in attending fire investigation
training courses offered by the arson training unit. Volunteer
firefighters from a political subdivision shall be reimbursed at
the rate of $35 per day plus expenses incurred in attending fire
investigation training courses offered by the arson training
unit. Reimbursement shall be made only in the event that both a
peace officer and a firefighter from the same political
subdivision attend the same training course. The reimbursement
shall be subject to the limitation of funds appropriated and
available for expenditure. The state fire marshal and the
superintendent also shall encourage local firefighters and peace
officers to seek assistance from the arson strike force
established in section 299F.058.
Sec. 64. Minnesota Statutes 2004, section 299F.093,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES; RULES.] (a) The commissioner shall:
(1) adopt rules no later than July 1, 1987, with the advice
of the Hazardous Substance Notification Advisory Committee,
establishing the form and content of the hazardous substance
notification report form, as required by section 299F.094, and
describing one or more hazard categories with specified ranges
of quantities in each hazard category, representing increments
of substantially increased risk;
(2) print and provide to individual fire departments the
requested number of hazardous substance notification reports,
which must be made available to a fire department no more than
90 days following its request, for the fire department to mail
or otherwise make available to employers in the jurisdiction;
(3) report to the legislature, as needed, on the
effectiveness of sections 299F.091 to 299F.099 and recommend
amendments to sections 299F.091 to 299F.099 that are considered
necessary;
(4) adopt rules to implement sections 299F.091 to 299F.099,
compatible with the Minnesota Uniform Fire Code so as to not
limit the authority of local fire officials under that code; and
(5) adopt rules that are based on the most recent standard
704, adopted by the National Fire Protection Association, and
that allow a fire department to require employers within its
jurisdiction to post signs conforming to standard 704, and
indicating the presence of hazardous substances. If the signs
are required, a fire department shall supply the signs or
provide information to assist an employer to obtain them.
(b) The commissioner shall adopt criteria and guidelines,
with the concurrence of the Hazardous Substance Notification
Advisory Committee, for the disbursement of funds pursuant to
Laws 1986, First Special Session chapter 1, article 10, section
20, subdivision 1.
Sec. 65. Minnesota Statutes 2004, section 321.0210, is
amended to read:
321.0210 [ANNUAL REPORT FOR SECRETARY OF STATE.]
(a) Subject to subsection (b):
(1) in each calendar year following the calendar year in
which a limited partnership becomes subject to this chapter, the
limited partnership must deliver to the secretary of state for
filing an annual registration containing the information
required by subsection (d) (c); and
(2) in each calendar year following the calendar year in
which there is first on file with the secretary of state a
certificate of authority under section 321.0904 pertaining to a
foreign limited partnership, the foreign limited partnership
must deliver to the secretary of state for filing an annual
registration containing the information required by subsection
(d) (c).
(b) A limited partnership's obligation under subsection (a)
ends if the limited partnership delivers to the secretary of
state for filing a statement of termination under section
321.0203 and the statement becomes effective under section
321.0206. A foreign limited partnership's obligation under
subsection (a) ends if the secretary of state issues and files a
certificate of revocation under section 321.0906 or if the
foreign limited partnership delivers to the secretary of state
for filing a notice of cancellation under section 321.0907(a)
and that notice takes effect under section 321.0206. If a
foreign limited partnership's obligations under subsection (a)
end and later the secretary of state files, pursuant to section
321.0904, a new certificate of authority pertaining to that
foreign limited partnership, subsection (a)(2), again applies to
the foreign limited partnership and, for the purposes of
subsection (a)(2), the calendar year of the new filing is
treated as the calendar year in which a certificate of authority
is first on file with the secretary of state.
(c) The annual registration must contain:
(1) the name of the limited partnership or foreign limited
partnership;
(2) the address of its designated office and the name and
street and mailing address of its agent for service of process
in Minnesota;
(3) in the case of a limited partnership, the street and
mailing address of its principal office; and
(4) in the case of a foreign limited partnership, the name
of the state or other jurisdiction under whose law the foreign
limited partnership is formed and any alternate name adopted
under section 321.0905(a).
(d) The secretary of state shall:
(1) administratively dissolve under section 321.0809 a
limited partnership that has failed to file a registration
pursuant to subsection (a); and
(2) revoke under section 321.0906 the certificate of
authority of a foreign limited partnership that has failed to
file a registration pursuant to subsection (a).
Sec. 66. Minnesota Statutes 2004, section 321.1114, is
amended to read:
321.1114 [CONFLICT RELATING TO MERGER OR CONVERSION.]
If a partnership governed by chapter 323A participates in a
merger or conversion under chapter 321, then in the event of any
conflict between the provisions of chapter 323A and chapter 321
relating to the merger or conversion, the provisions of chapter
321 control chapter 321.
Sec. 67. Minnesota Statutes 2004, section 325N.15, is
amended to read:
325N.15 [WAIVER.]
Any waiver of the provisions of sections 325N.10 to 315N.18
325N.18 is void and unenforceable as contrary to public policy
except a consumer may waive the five-day right to cancel
provided in section 325N.13 if the property is subject to a
foreclosure sale within the five business days, and the
foreclosed homeowner agrees to waive his or her right to cancel
in a handwritten statement signed by all parties holding title
to the foreclosed property.
Sec. 68. Minnesota Statutes 2004, section 336.4A-105, is
amended to read:
336.4A-105 [OTHER DEFINITIONS.]
(a) In this article:
(1) "Authorized account" means a deposit account of a
customer in a bank designated by the customer as a source of
payment of payment orders issued by the customer to the bank.
If a customer does not so designate an account, any account of
the customer is an authorized account if payment of a payment
order from that account is not inconsistent with a restriction
on the use of that account.
(2) "Bank" means a person engaged in the business of
banking and includes a savings bank, savings association, credit
union, and trust company. A branch or separate office of a bank
is a separate bank for purposes of this article.
(3) "Customer" means a person, including a bank, having an
account with a bank or from whom a bank has agreed to receive
payment orders.
(4) "Funds-transfer business day" of a receiving bank means
the part of a day during which the receiving bank is open for
the receipt, processing, and transmittal of payment orders and
cancellations and amendments of payment orders.
(5) "Funds-transfer system" means a wire transfer network,
automated clearinghouse, or other communication system of a
clearinghouse or other association of banks through which a
payment order by a bank may be transmitted to the bank to which
the order is addressed.
(6) (Reserved.)
(7) "Prove" with respect to a fact means to meet the burden
of establishing the fact (section 336.1-201(b)(8)).
(b) Other definitions applying to the article and the
sections in which they appear:
"Acceptance." Section 336.4A-209.
"Beneficiary." Section 336.4A-103.
"Beneficiary's bank." Section 336.4A-103.
"Executed." Section 336.4A-301.
"Execution date." Section 336.4A-301.
"Funds transfer." Section 336.4A-104.
"Funds-transfer system rule." Section 336.4A-501.
"Intermediary bank." Section 336.4A-104.
"Originator." Section 336.4A-104.
"Originator's bank." Section 336.4A-104.
"Payment by beneficiary's bank to beneficiary." Section
336.4A-405.
"Payment by originator to beneficiary." Section 336.4A-406.
"Payment by sender to receiving bank." Section 336.4A-403.
"Payment date." Section 336.4A-401.
"Payment order." Section 336.4A-103.
"Receiving bank." Section 336.4A-103.
"Security procedure." Section 336.4A-201.
"Sender." Section 336.4A-103.
(c) The following definitions in article 4 apply to this
article:
"Clearinghouse." Section 336.4-104.
"Item." Section 336.4-104.
"Suspends payments." Section 336.4-104.
(d) In addition, sections 336.1-101 to 336.1-209 336.1-206
contain general definitions and principles of construction and
interpretation applicable throughout this article.
Sec. 69. Minnesota Statutes 2004, section 343.40,
subdivision 3, is amended to read:
Subd. 3. [SHADE.] Shade from the direct rays of the sun,
during the months of June May to September October shall be
provided.
Sec. 70. Minnesota Statutes 2004, section 458D.02,
subdivision 2, is amended to read:
Subd. 2. [WESTERN LAKE SUPERIOR SANITARY DISTRICT;
DISTRICT.] "Western Lake Superior Sanitary District" and
"district" mean the area over which the sanitary board has
jurisdiction which shall include the area now comprised on July
8, 1971, of the city of Cloquet, the cities of Carlton, Scanlon,
Thomson and Wrenshall, and the townships of Knife Falls, Silver
Brook, Thomson, and Twin Lakes in the county of Carlton; the
city of Duluth, the city of Proctor, and the townships of
Canosia, Duluth, Grand Lake, Herman, Lakewood, Midway, Rice Lake
and Solway in the county of St. Louis; other territory included
in the district pursuant to section 458D.22; and any waters of
the state adjacent thereto.
Sec. 71. Minnesota Statutes 2004, section 469.104, is
amended to read:
469.104 [SECTIONS THAT APPLY IF FEDERAL LIMIT APPLIES.]
Sections 474A.01 to 474A.21 apply to obligations issued
under sections 469.090 to 469.108 that are limited by a federal
limitation act as defined in section 474A.02, subdivision 9, or
existing federal tax law as defined in section 474A.02,
subdivision 8.
Sec. 72. Minnesota Statutes 2004, section 473.845,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill
contingency action trust account is an expendable trust account
in the remediation fund. The account consists of revenue
deposited in the fund account under section 473.843, subdivision
2, clause (2); amounts recovered under subdivision 7; and
interest earned on investment of money in the fund account.
Sec. 73. Minnesota Statutes 2004, section 514.966,
subdivision 3, is amended to read:
Subd. 3. [LIVESTOCK PRODUCTION INPUT LIEN.] (a) A supplier
furnishing livestock production inputs in the ordinary course of
business has a livestock production input lien for the unpaid
retail cost of the livestock production input. A perfected
livestock production input lien that attaches to livestock may
not exceed the amount, if any, that the sales price of the
livestock exceeds the greater of the fair market value of the
livestock at the time the lien attaches or the acquisition price
of the livestock. A livestock production input lien becomes
effective when the agricultural production inputs are furnished
by the supplier to the purchaser.
(b) A supplier shall notify a lender of a livestock
production input lien by providing a lien-notification statement
to the lender in an envelope marked "IMPORTANT-LEGAL NOTICE."
Delivery of the notice must be made by certified mail or another
verifiable method.
(c) The lien-notification statement must be in a form
approved by the secretary of state and disclose the following:
(1) the name and business address of the lender that is to
receive notification;
(2) the name and address of the supplier claiming the lien;
(3) a description and the date or anticipated date or dates
of the transaction and the retail cost or anticipated costs of
the livestock production input;
(4) the name, residential and address, and signature of the
person to whom the livestock production input was furnished;
(5) the name and residential address of the owner of the
livestock, the location where the livestock will be raised, and
a description of the livestock; and
(6) a statement that products and proceeds of the livestock
are covered by the livestock input lien.
(d) Within ten calendar days after receiving a
lien-notification statement, the lender must respond to the
supplier with either:
(1) a letter of commitment for part or all of the amount in
the lien-notification statement; or
(2) a written refusal to issue a letter of commitment.
A copy of the response must be mailed to the person for whom the
financing was requested.
(e) If a lender responds with a letter of commitment for
part or all of the amount in the lien-notification statement,
the supplier may not obtain a lien for the amount stated in the
letter of commitment. If a lender responds with a refusal to
provide a letter of commitment, the rights of the lender and the
supplier are not affected.
(f) If a lender does not respond under paragraph (d) to the
supplier within ten calendar days after receiving the
lien-notification statement, a perfected livestock production
input lien corresponding to the lien-notification statement has
priority over any security interest of the lender in the same
livestock or their proceeds for the lesser of:
(1) the amount stated in the lien-notification statement;
or
(2) the unpaid retail cost of the livestock production
input identified in the lien-notification statement, subject to
any limitation in paragraph (a).
Sec. 74. Minnesota Statutes 2004, section 515B.4-102, is
amended to read:
515B.4-102 [DISCLOSURE STATEMENT; GENERAL PROVISIONS.]
(a) A disclosure statement shall fully and accurately
disclose:
(1) the name and, if available, the number of the common
interest community;
(2) the name and principal address of the declarant;
(3) the number of units in the common interest community
and a statement that the common interest community is either a
condominium, cooperative, or planned community;
(4) a general description of the common interest community,
including, at a minimum, (i) the number of buildings, (ii) the
number of dwellings per building, (iii) the type of
construction, (iv) whether the common interest community
involves new construction or rehabilitation, (v) whether any
building was wholly or partially occupied, for any purpose,
before it was added to the common interest community and the
nature of the occupancy, and (vi) a general description of any
roads, trails, or utilities that are located on the common
elements and that the association or a master association will
be required to maintain;
(5) declarant's schedule of commencement and completion of
construction of any buildings and other improvements that the
declarant is obligated to build pursuant to section 515B.4-117;
(6) any expenses or services, not reflected in the budget,
that the declarant pays or provides, which may become a common
expense; the projected common expense attributable to each of
those expenses or services; and an explanation of declarant's
limited assessment liability under section 515B.3-115,
subsection (b);
(7) any initial or special fee due from the purchaser to
the declarant or the association at closing, together with a
description of the purpose and method of calculating the fee;
(8) identification of any liens, defects, or encumbrances
which will continue to affect the title to a unit or to any real
property owned by the association after the contemplated
conveyance;
(9) a description of any financing offered or arranged by
the declarant;
(10) a statement as to whether application has been made
for any project approvals for the common interest community from
the Federal National Mortgage Association (FNMA), Federal Home
Loan Mortgage Corporation (FHLMC), Department of Housing and
Urban Development (HUD) or Department of Veterans Affairs (VA),
and which, if any, such final approvals have been received;
(11) the terms of any warranties provided by the declarant,
including copies of chapter 327A, and sections 515B.4-112
through 515B.4-115, and a statement of any limitations on the
enforcement of warranties or on damages;
(12) a statement that: (i) within ten five days after the
receipt of a disclosure statement, a purchaser may cancel any
contract for the purchase of a unit from a declarant; provided,
that the right to cancel terminates upon the purchaser's
voluntary acceptance of a conveyance of the unit from the
declarant; (ii) if a purchaser receives a disclosure statement
more than ten five days before signing a purchase agreement, the
purchaser cannot cancel the purchase agreement; and (iii) if a
declarant obligated to deliver a disclosure statement fails to
deliver a disclosure statement which substantially complies with
this chapter to a purchaser to whom a unit is conveyed, the
declarant shall be liable to the purchaser as provided in
section 515B.4-106(d);
(13) a statement disclosing to the extent of the
declarant's or an affiliate of a declarant's actual knowledge,
after reasonable inquiry, any unsatisfied judgments or lawsuits
to which the association is a party, and the status of those
lawsuits which are material to the common interest community or
the unit being purchased;
(14) a statement (i) describing the conditions under which
earnest money will be held in and disbursed from the escrow
account, as set forth in section 515B.4-109, (ii) that the
earnest money will be returned to the purchaser if the purchaser
cancels the contract pursuant to section 515B.4-106, and (iii)
setting forth the name and address of the escrow agent;
(15) a detailed description of the insurance coverage
provided by the association for the benefit of unit owners,
including a statement as to which, if any, of the items referred
to in section 515B.3-113, subsection (b), are insured by the
association;
(16) any current or expected fees or charges, other than
assessments for common expenses, to be paid by unit owners for
the use of the common elements or any other improvements or
facilities;
(17) the financial arrangements, including any
contingencies, which have been made to provide for completion of
all improvements that the declarant is obligated to build
pursuant to section 515B.4-118, or a statement that no such
arrangements have been made;
(18) in a cooperative: (i) whether the unit owners will be
entitled for federal and state tax purposes, to deduct payments
made by the association for real estate taxes and interest paid
to the holder of a security interest encumbering the
cooperative; and (ii) a statement as to the effect on the unit
owners if the association fails to pay real estate taxes or
payments due the holder of a security interest encumbering the
cooperative;
(19) a statement: (i) that real estate taxes for the unit
or any real property owned by the association are not delinquent
or, if there are delinquent real estate taxes, describing the
property for which the taxes are delinquent, stating the amount
of the delinquent taxes, interest and penalties, and stating the
years for which taxes are delinquent, and (ii) setting forth the
amount of real estate taxes, including the amount of any special
assessment certified for payment with the real estate taxes, due
and payable with respect to the unit in the year in which the
disclosure statement is given, if real estate taxes have been
separately assessed against the unit;
(20) if the association or the purchaser of the unit will
be a member of a master association, a statement to that effect,
and all of the following information with respect to the master
association: (i) a copy of the declaration, if any (other than
any CIC plat), the articles of incorporation, bylaws, and rules
and regulations for the master association, together with any
amendments thereto; (ii) the name, address and general
description of the master association, including a general
description of any other association, unit owners, or other
persons which are or may become members; (iii) a description of
any nonresidential use permitted on any property subject to the
master association; (iv) a statement as to the estimated maximum
number of associations, unit owners or other persons which may
become members of the master association, and the degree and
period of control of the master association by a declarant or
other person; (v) a description of any facilities intended for
the benefit of the members of the master association and not
located on property owned or controlled by a member; (vi) the
financial arrangements, including any contingencies, which have
been made to provide for completion of the facilities referred
to in subsection (v), or a statement that no arrangements have
been made; (vii) any current balance sheet of the master
association and a projected or current annual budget, as
applicable, which budget shall include with respect to the
master association those items in paragraph (23), clauses (i)
through (iv); (viii) a description of any expenses or services
not reflected in the budget, paid for or provided by a declarant
or a person executing the master declaration, which may become
an expense of the master association in the future; (ix) a
description of any powers delegated to and accepted by the
master association pursuant to section 515B.2-121(f)(2); (x)
identification of any liens, defects or encumbrances that will
continue to affect title to property owned or operated by the
master association for the benefit of its members; (xi) the
terms of any warranties provided by any person for construction
of facilities in which the members of the master association
have or may have an interest, and any known defects in the
facilities which would violate the standards described in
section 515B.4-112(b); (xii) a statement disclosing, to the
extent of the declarant's knowledge, after inquiry of the master
association, any unsatisfied judgments or lawsuits to which the
master association is a party, and the status of those lawsuits
which are material to the master association; (xiii) a
description of any insurance coverage provided for the benefit
of its members by the master association; and (xiv) any current
or expected fees or charges, other than assessments by the
master association, to be paid by members of the master
association for the use of any facilities intended for the
benefit of the members;
(21) a statement as to whether the unit will be
substantially completed at the time of conveyance to a
purchaser, and if not substantially completed, who is
responsible to complete and pay for the construction of the
unit;
(22) a copy of the declaration and any amendments thereto,
(exclusive of the CIC plat), any other recorded covenants,
conditions restrictions, and reservations affecting the common
interest community; the articles of incorporation, bylaws and
any rules or regulations of the association; any agreement
excluding or modifying any implied warranties; any agreement
reducing the statute of limitations for the enforcement of
warranties; any contracts or leases to be signed by purchaser at
closing; and a brief narrative description of any contracts or
leases that are or may be subject to cancellation by the
association under section 515B.3-105; and
(23) any current balance sheet for the association; a
projected annual budget for the association for the year in
which the first unit is conveyed to a purchaser, and thereafter
the current annual budget of the association; and a statement
identifying the party responsible for the preparation of the
budget. The budget shall include, without limitation: (i) a
statement of the amount included in the budget as a reserve for
maintenance, repair and replacement; (ii) a statement of any
other reserves; (iii) the projected common expense for each
category of expenditures for the association; and (iv) the
projected monthly common expense assessment for each type of
unit.
(b) A declarant shall promptly amend the disclosure
statement to reflect any material change in the information
required by this chapter.
(c) The master association, within ten days after a request
by a declarant, or any holder of declarant rights, or the
authorized representative of any of them, shall furnish the
information required to be provided by subsection (a)(20). A
declarant or other person who provides information pursuant to
subsection (a)(20) is not liable to the purchaser for any
erroneous information if the declarant or other person: (i) is
not an affiliate of or related in any way to a person authorized
to appoint the master association board pursuant to section
515B.2-121(c)(3), and (ii) has no actual knowledge that the
information is incorrect.
Sec. 75. Minnesota Statutes 2004, section 524.2-114, is
amended to read:
524.2-114 [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 birth parents except that adoption of a child by
the spouse of a birth parent has no effect on the relationship
between the child and that birth 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 descendant 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 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 and to
257.74.
Sec. 76. Minnesota Statutes 2004, section 580.041,
subdivision 2, is amended to read:
Subd. 2. [CONTENT OF NOTICE.] The notice required by this
section must appear substantially as follows:
"Help For Homeowners in Foreclosure
Minnesota law requires that we send you this notice about
the foreclosure process. Please read it carefully.
Mortgage foreclosure is a complex process. Some people may
approach you about "saving" your home. You should be
careful about any such promises.
The state encourages you to become informed about your
options in foreclosure before entering into any agreements
with anyone in connection with the foreclosure of your
home. There are government agencies and nonprofit
organizations that you may contact for helpful information
about the foreclosure process. For the name and telephone
number of an organization near you please call the
Minnesota Home Housing Finance Agency (MHFA) at (insert
telephone number). The state does not guarantee the advice
of these agencies.
Do not delay dealing with the foreclosure because your
options may become more limited as time passes."
Sec. 77. Minnesota Statutes 2004, section 626.84,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of sections
626.84 to 626.863, the following terms have the meanings given
them:
(a) "Board" means the Board of Peace Officer Standards and
Training.
(b) "Director" means the executive director of the board.
(c) "Peace officer" means:
(1) an employee or an elected or appointed official of a
political subdivision or law enforcement agency who is licensed
by the board, charged with the prevention and detection of crime
and the enforcement of the general criminal laws of the state
and who has the full power of arrest, and shall also include the
Minnesota State Patrol, agents of the Division of Alcohol and
Gambling Enforcement, state conservation officers, Metropolitan
Transit police officers, Department of Corrections' Fugitive
Apprehension Unit officers, and Department of Commerce Insurance
Fraud Unit officers; and
(2) a peace officer who is employed by a law enforcement
agency of a federally recognized tribe, as defined in United
States Code, title 25, section 450b(e), and who is licensed by
the board.
(d) "Constable" has the meaning assigned to it in section
367.40.
(e) "Deputy constable" has the meaning assigned to it in
section 367.40.
(f) "Part-time peace officer" means an individual licensed
by the board whose services are utilized by law enforcement
agencies no more than an average of 20 hours per week, not
including time spent on call when no call to active duty is
received, calculated on an annual basis, who has either full
powers of arrest or authorization to carry a firearm while on
active duty. The term shall apply even though the individual
receives no compensation for time spent on active duty, and
shall apply irrespective of the title conferred upon the
individual by any law enforcement agency. The limitation on the
average number of hours in which the services of a part-time
peace officer may be utilized shall not apply to a part-time
peace officer who has formally notified the board pursuant to
rules adopted by the board of the part-time peace officer's
intention to pursue the specialized training for part-time peace
officers who desire to become peace officers pursuant to
sections 626.843, subdivision 1, clause (g), and 626.845,
subdivision 1, clause (g).
(g) "Reserve officer" means an individual whose services
are utilized by a law enforcement agency to provide
supplementary assistance at special events, traffic or crowd
control, and administrative or clerical assistance. A reserve
officer's duties do not include enforcement of the general
criminal laws of the state, and the officer does not have full
powers of arrest or authorization to carry a firearm on duty.
(h) "Law enforcement agency" means:
(1) a unit of state or local government that is authorized
by law to grant full powers of arrest and to charge a person
with the duties of preventing and detecting crime and enforcing
the general criminal laws of the state; and
(2) subject to the limitations in section 626.93, a law
enforcement agency of a federally recognized tribe, as defined
in United States Code, title 25, section 450b(e).
(i) "Professional peace officer education" means a
postsecondary degree program, or a nondegree program for persons
who already have a college degree, that is offered by a college
or university in Minnesota, designed for persons seeking
licensure as a peace officer, and approved by the board.
Sec. 78. Laws 2003, First Special Session chapter 11,
article 2, section 21, is amended to read:
Sec. 21. [INDEPENDENT STUDY ON INTERMITTENT RESOURCES.]
The commission shall order the electric utility subject to
Minnesota Statutes, section 216B.1691, subdivision 7 6, to
contract with a firm selected by the commissioner of commerce
for an independent engineering study of the impacts of
increasing wind capacity on its system above the 825 megawatts
of nameplate wind energy capacity to which the utility is
already committed, to evaluate options available to manage the
intermittent nature of this renewable resource. The study shall
be completed by June 1, 2004, and incorporated into the
utility's next resource plan filing. The costs of the study,
options pursued by the utility to manage the intermittent nature
of wind energy, and the costs of complying with Minnesota
Statutes, section 216B.1691, subdivision 7, shall be recoverable
under Minnesota Statutes, section 216B.1645.
Sec. 79. Laws 2004, chapter 199, article 12, section 108,
is amended to read:
Sec. 108. [EFFECTIVE DATE.]
This act, except articles 14 and 15, is effective January
1, 2005.
Articles 14 and 15 are effective July 1, 2004.
[EFFECTIVE DATE.] This section is effective retroactively
from May 16, 2004.
Sec. 80. Laws 2004, chapter 261, article 6, section 5, is
amended to read:
Sec. 5. [EXPIRATION.]
This article Section 1 expires August 1, 2010.
Sec. 81. [AMENDMENT HAS NO EFFECT.]
The portion of Laws 2003, First Special Session chapter 14,
article 7, section 17, striking paragraph (e) of Minnesota
Statutes 2002, section 62J.692, subdivision 4, is of no effect.
Sec. 82. [REPEALER.]
Subdivision 1. [EXPIRED FEE.] Minnesota Statutes 2004,
section 115B.49, subdivision 4a, is repealed.
Subd. 2. [DUPLICATIVE METROPOLITAN COUNCIL
BOUNDARIES.] Laws 2003, chapter 8, section 2, is repealed.
Subd. 3. [TUITION REIMBURSEMENT.] Laws 2004, chapter 219,
section 1, is repealed.
Subd. 4. [PHARMACY BENEFITS.] Laws 2004, chapter 288,
article 3, section 5, is repealed.
Subd. 5. [OBSOLETE VETERANS AFFAIRS RULES.] Minnesota
Rules, parts 9055.0125; 9055.0500; 9055.0510; 9055.0520;
9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570;
9055.0580; 9055.0590; 9055.0600; and 9055.0610, are repealed.
Subd. 6. [OBSOLETE POST BOARD RULES.] Minnesota Rules,
parts 6700.0100, subpart 14; and 6700.1300, are repealed.
ARTICLE 2
OBSOLETE CONSTABLE AND MARSHAL PROVISIONS
Section 1. Minnesota Statutes 2004, section 345.14, is
amended to read:
345.14 [FEES OF COURT ADMINISTRATORS.]
For services performed under the provisions of this
chapter, court administrators of district court shall be allowed
$1 for each day, and constables peace officers the same fees as
are allowed by law for sales upon execution, and ten cents per
folio for making an inventory of the property.
Sec. 2. Minnesota Statutes 2004, section 346.05, is
amended to read:
346.05 [SALE OF ESTRAY.]
If no claimant for such estray shall cause its return to
the claimant as before provided, and if such estray shall not
have been appraised at more than $10, the finder shall thereupon
become the owner thereof; but, if such appraised value exceeds
$10, the estray shall be sold at public auction by any constable
peace officer of the county on the request of the finder.
Notice thereof shall be given and the sale conducted and the
same fees allowed as in case of sales upon justice's execution.
The finder may bid at such sale, and at the time thereof shall
deliver to such officer a statement, in writing, of the finder's
charges. After deducting such charges, if reasonable, and the
costs of sale, the officer shall deposit the remainder of the
money, together with the written statement and a statement of
the costs of sale, with the county treasurer, taking the
treasurer's receipt therefor. If the finder of any such estray
shall fail to cause the sale to be made, the finder shall pay to
the town the value of the estray, to be recovered in an action
by the town.
Sec. 3. Minnesota Statutes 2004, section 626.84,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of sections
626.84 to 626.863, the following terms have the meanings given
them:
(a) "Board" means the Board of Peace Officer Standards and
Training.
(b) "Director" means the executive director of the board.
(c) "Peace officer" means:
(1) an employee or an elected or appointed official of a
political subdivision or law enforcement agency who is licensed
by the board, charged with the prevention and detection of crime
and the enforcement of the general criminal laws of the state
and who has the full power of arrest, and shall also include the
Minnesota State Patrol, agents of the Division of Alcohol and
Gambling Enforcement, state conservation officers, Metropolitan
Transit police officers, Department of Corrections' Fugitive
Apprehension Unit officers, and Department of Commerce Insurance
Fraud Unit officers; and
(2) a peace officer who is employed by a law enforcement
agency of a federally recognized tribe, as defined in United
States Code, title 25, section 450b(e), and who is licensed by
the board.
(d) "Constable" has the meaning assigned to it in section
367.40.
(e) "Deputy constable" has the meaning assigned to it in
section 367.40.
(f) "Part-time peace officer" means an individual licensed
by the board whose services are utilized by law enforcement
agencies no more than an average of 20 hours per week, not
including time spent on call when no call to active duty is
received, calculated on an annual basis, who has either full
powers of arrest or authorization to carry a firearm while on
active duty. The term shall apply even though the individual
receives no compensation for time spent on active duty, and
shall apply irrespective of the title conferred upon the
individual by any law enforcement agency. The limitation on the
average number of hours in which the services of a part-time
peace officer may be utilized shall not apply to a part-time
peace officer who has formally notified the board pursuant to
rules adopted by the board of the part-time peace officer's
intention to pursue the specialized training for part-time peace
officers who desire to become peace officers pursuant to
sections 626.843, subdivision 1, clause (g), and 626.845,
subdivision 1, clause (g).
(g) (e) "Reserve officer" means an individual whose
services are utilized by a law enforcement agency to provide
supplementary assistance at special events, traffic or crowd
control, and administrative or clerical assistance. A reserve
officer's duties do not include enforcement of the general
criminal laws of the state, and the officer does not have full
powers of arrest or authorization to carry a firearm on duty.
(h) (f) "Law enforcement agency" means:
(1) a unit of state or local government that is authorized
by law to grant full powers of arrest and to charge a person
with the duties of preventing and detecting crime and enforcing
the general criminal laws of the state; and
(2) subject to the limitations in section 626.93, a law
enforcement agency of a federally recognized tribe, as defined
in United States Code, title 25, section 450b(e).
(i) (g) "Professional peace officer education" means a
postsecondary degree program, or a nondegree program for persons
who already have a college degree, that is offered by a college
or university in Minnesota, designed for persons seeking
licensure as a peace officer, and approved by the board.
Sec. 4. [REVISOR'S INSTRUCTION.]
Subdivision 1. [LAW ENFORCEMENT AGENCY DEFINITION.] The
revisor of statutes shall change the reference "626.84,
subdivision 1, paragraph (h)" to "626.84, subdivision 1,
paragraph (f)" in Minnesota Statutes, sections 45.0135,
subdivision 2a; 364.09, paragraph (a); 473.407, subdivision 1;
241.025, subdivision 1; 626.8453, subdivision 1, paragraph (b);
626.90, subdivision 2, paragraph (a); 626.91, subdivision 1,
paragraph (a); 626.92, subdivision 2; and 626.93, subdivision 2,
clause (1), and change the reference from "626.84, subdivision
1, paragraph (f)" or "clause (f)" to "626.84, subdivision 1,
paragraph (d)" in Minnesota Statutes, sections 473.407,
subdivision 4; 241.025, subdivision 4; and 629.34, subdivision 1.
Subd. 2. [CONSTABLES AND MARSHALS.] In the following
sections, the revisor of statutes shall delete references to the
terms "constable," "deputy constable," "marshal," "city
marshals," and "statutory city marshal" and make changes
necessary to correct the punctuation, grammar, or structure of
the remaining text and preserve its meaning: 38.01; 97A.205;
103B.645; 103B.683; 115.32, subdivision 3; 136F.53, subdivision
5; 169.965, subdivisions 4 and 5; 169.966, subdivisions 4 and 5;
169A.03, subdivision 18; 176.011, subdivision 9; 192.68,
subdivision 1; 192.85; 260C.148, subdivision 3; 299C.03;
299C.06; 299D.03, subdivision 1; 325E.21, subdivision 1;
326.3384, subdivision 1; 327.76, subdivision 3; 329.14; 330.06;
332.37; 345.04; 345.05; 346.14; 346.17; 346.18; 347.14,
subdivisions 1 and 2; 349.33; 359.11; 382.27; 395.23; 398.13;
412.861, subdivision 1; 458D.18, subdivision 4; 473.608,
subdivision 17; 504B.331; 504B.361, subdivision 1; 504B.375,
subdivision 1; 514.22; 514.58; 518B.01, subdivisions 6 and 9;
541.06; 561.07; 617.27; 624.24; 624.62; 626.848; 626.862;
626.863; 626.88; and 631.04.
Sec. 5. [REPEALER.]
Minnesota Statutes 2004, sections 306.13; 315.43; 317A.909,
subdivision 4; 357.12; 367.40, subdivisions 3 and 4; 367.401,
subdivision 4; 367.42; and 398.35, subdivision 2, are repealed.
ARTICLE 3
UPDATING AND CONFORMING FINES
Section 1. Minnesota Statutes 2004, section 17.43, is
amended to read:
17.43 [VIOLATIONS; PENALTIES.]
Any person violating section 17.42, shall be is guilty of a
gross misdemeanor and shall be fined not less than $250 or be
imprisoned for not less than 60 days, or both.
Sec. 2. Minnesota Statutes 2004, section 28.15, is amended
to read:
28.15 [PENALTIES.]
Any person, firm, or corporation violating any provision of
this chapter relating to cold storage warehousing shall be is
guilty of a gross misdemeanor and, upon conviction, punished for
the a first offense by a fine of not to exceed $700 or by
imprisonment in the jail of the proper county for a period of
not more than three months, or by both such fine and
imprisonment, and for the second or subsequent offense by a fine
of not to exceed $3,000 or by imprisonment in the jail of the
proper county for a period of not to exceed one year or by both
such fine and imprisonment, is guilty of a gross misdemeanor.
Sec. 3. Minnesota Statutes 2004, section 32.645, is
amended to read:
32.645 [PENALTIES.]
Subdivision 1. [GROSS MISDEMEANOR; LICENSE REVOCATION.]
Any person licensed under the provisions of sections 28A.04,
28A.14, 32.56, and 32.59, who knowingly violates, or who directs
or knowingly permits any officer, agent, or employee to violate
section 32.62, subdivision 2, clause (1) or (3), shall be is
guilty of a gross misdemeanor and upon conviction thereof, be
punished by a fine of not more than $3,000, or 30 days
imprisonment in the county jail, or both. For each subsequent
offense, in addition to any fine or imprisonment imposed under
this subdivision, upon conviction thereof, the commissioner of
agriculture shall revoke or withhold issuing to such offender
any license required under the provisions of sections 28A.04,
28A.14, 32.56, and 32.59, and in such case of revocation of
license the commissioner shall not issue any license for the
operation of such frozen food manufacturing plant for a period
of one year from the date of such revocation.
Subd. 2. [LESSER PENALTIES.] Any person violating section
32.62, subdivision 2, clause (2) or (4), for each first
offense shall, upon conviction thereof, be punished by a fine of
not less than $25 nor more than $200 is guilty of a petty
misdemeanor and for each subsequent offense, upon conviction
thereof, by a fine of not less than $100 nor more than $250, or
30 days imprisonment in the county jail, or both is guilty of a
misdemeanor.
Sec. 4. Minnesota Statutes 2004, 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 makes 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 is guilty of a misdemeanor:
(1) any person who shall willfully make makes 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 makes any false statement and any verified report
or declaration under oath, required or authorized under this
chapter, shall be is 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 solicits 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
solicits membership for or in any manner assist in procuring
membership in, any such society not authorized to do business in
this state, shall be is guilty of a misdemeanor; and, upon
conviction thereof, punished by fine of not more than $200;
(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 $200 upon conviction thereof more
than $1,000.
Sec. 5. Minnesota Statutes 2004, section 116J.871,
subdivision 3, is amended to read:
Subd. 3. [PREVAILING WAGE; PENALTY.] It is a misdemeanor
for a person who has certified that prevailing wages will be
paid to laborers and mechanics under subdivision 2 to
subsequently fail to pay the prevailing wage. This misdemeanor
is punishable by a fine of not more than $1,000, or imprisonment
for not more than 90 days, or both. Each day a violation of
this subdivision continues is a separate offense.
Sec. 6. Minnesota Statutes 2004, section 127A.10, is
amended to read:
127A.10 [STATE OFFICIALS AND SCHOOL BOARD MEMBERS TO BE
DISINTERESTED; PENALTY.]
If the commissioner of education, an assistant or any
employee connected with the commissioner's office, or any member
of any school board shall accept or receive any money, gift or
any property, or favor from any person, firm, or corporation
offering for sale any textbooks, or any agent thereof, or from
any person in any way interested in the sale of textbooks, the
person accepting or receiving it shall, upon conviction, be
punished by a fine not exceeding $1,000, or by imprisonment in
the county jail for not more than six months, or both by such
fine and imprisonment is guilty of a gross misdemeanor.
Sec. 7. Minnesota Statutes 2004, section 137.09, is
amended to read:
137.09 [BOARD OF REGENTS NOT TO EXCEED APPROPRIATIONS;
PENALTY.]
It shall be unlawful for the Board of Regents to permit any
expenditures for any purpose in excess of the amount
appropriated or contemplated by law and any member or agent of
the board violating this provision shall be is guilty of a gross
misdemeanor; and, upon conviction, fined not less than $100 nor
more than $3,000, or be imprisoned in the county jail for not
less than six months, or by both fine and imprisonment.
Sec. 8. Minnesota Statutes 2004, section 152.027,
subdivision 4, is amended to read:
Subd. 4. [POSSESSION OR SALE OF SMALL AMOUNTS OF
MARIJUANA.] (a) A person who unlawfully sells a small amount of
marijuana for no remuneration, or who unlawfully possesses a
small amount of marijuana is guilty of a petty misdemeanor
punishable by a fine of up to $200 and participation in a drug
education program unless the court enters a written finding that
a drug education program is inappropriate. The program must be
approved by an area mental health board with a curriculum
approved by the state alcohol and drug abuse authority.
(b) A person convicted of an unlawful sale under paragraph
(a) who is subsequently convicted of an unlawful sale under
paragraph (a) within two years is guilty of a misdemeanor and
shall be required to participate in a chemical dependency
evaluation and treatment if so indicated by the evaluation.
(c) A person who is convicted of a petty misdemeanor under
paragraph (a) who willfully and intentionally fails to comply
with the sentence imposed, is guilty of a misdemeanor.
Compliance with the terms of the sentence imposed before
conviction under this paragraph is an absolute defense.
Sec. 9. Minnesota Statutes 2004, section 155A.16, is
amended to read:
155A.16 [VIOLATIONS; PENALTIES.]
Any person who violates any of the provisions of sections
155A.01 to 155A.16 is guilty of a misdemeanor and upon
conviction may be sentenced to imprisonment for not more than 90
days or fined not more than $700, or both, per violation.
Sec. 10. Minnesota Statutes 2004, section 168.275, is
amended to read:
168.275 [SALE OF MOTOR VEHICLE ON SUNDAY FORBIDDEN.]
Any person who shall carry on or engage in the business of
buying, selling, exchanging, dealing in or trading in new or
used motor vehicles; or who shall open any place of business or
lot wherein the person attempts to or does engage in the
business of buying, selling, exchanging, dealing or trading in
new or used motor vehicles; or who does buy, sell, exchange,
deal or trade in new or used motor vehicles as a business on the
first day of the week, commonly known and designated as Sunday,
is guilty of a misdemeanor for the first offense, and a gross
misdemeanor for each succeeding offense. Such a person upon
conviction for the first offense shall pay a fine not to exceed
$1,000 or be imprisoned for a period of not more than ten days;
and for the second offense shall pay a fine not to exceed $3,000
or be imprisoned for a period of not more than 30 days or both;
and for the third or each subsequent offense shall pay a fine of
not more than $3,000 or be imprisoned for a period of not more
than six months or both. This section does not apply to the
sale of (1) trailers designed and used primarily to transport
watercraft, as defined in section 86B.005, subdivision 18, (2)
trailers designed and used primarily to transport all-terrain
vehicles, as defined in section 84.92, subdivision 8, (3)
trailers designed and used primarily to transport snowmobiles as
defined in section 84.81, subdivision 3, or (4) utility trailers
as defined in section 168.27, subdivision 20.
Sec. 11. Minnesota Statutes 2004, section 169.21,
subdivision 2, is amended to read:
Subd. 2. [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where
traffic-control signals are not in place or in operation, the
driver of a vehicle shall stop to yield the right-of-way to a
pedestrian crossing the roadway within a marked crosswalk or at
an intersection with no marked crosswalk. The driver must
remain stopped until the pedestrian has passed the lane in which
the vehicle is stopped. No pedestrian shall suddenly leave a
curb or other place of safety and walk or run into the path of a
vehicle which is so close that it is impossible for the driver
to yield. This provision shall not apply under the conditions
as otherwise provided in this subdivision.
(b) When any vehicle is stopped at a marked crosswalk or at
an intersection with no marked crosswalk to permit a pedestrian
to cross the roadway, the driver of any other vehicle
approaching from the rear shall not overtake and pass the
stopped vehicle.
(c) It is unlawful for any person to drive a motor vehicle
through a column of school children crossing a street or highway
or past a member of a school safety patrol or adult crossing
guard, while the member of the school safety patrol or adult
crossing guard is directing the movement of children across a
street or highway and while the school safety patrol member or
adult crossing guard is holding an official signal in the stop
position. A peace officer may arrest the driver of a motor
vehicle if the peace officer has probable cause to believe that
the driver has operated the vehicle in violation of this
paragraph within the past four hours.
(d) A person who violates this subdivision is guilty of a
misdemeanor and may be sentenced to imprisonment for not more
than 90 days or to payment of a fine of not more than $1,000, or
both. A person who violates this subdivision a second or
subsequent time within one year of a previous conviction under
this subdivision is guilty of a gross misdemeanor and may be
sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
Sec. 12. Minnesota Statutes 2004, section 181.30, is
amended to read:
181.30 [DUTY OF DEPARTMENT OF TRANSPORTATION.]
Any officer of any railroad company in the state violating
any of the provisions of section 181.29 shall be is guilty of a
misdemeanor; and, upon conviction, punished by a fine of not
less than $100, and not more than $1,000, for each offense, or
by imprisonment in the county jail not more than 60 days, or
both fine and imprisonment, at the discretion of the court. It
shall be the duty of the state Department of Transportation,
upon complaint properly filed with it alleging a violation of
section 181.29, to make a full investigation in relation
thereto, and for such purpose it shall have the power to
administer oaths, interrogate witnesses, take testimony and
require the production of books and papers, and if such report
shall show a violation of the provisions of section 181.29, the
Department of Transportation shall, through the attorney
general, begin the prosecution of all parties against whom
evidence of such violation is found; but section 181.29 shall
not be construed to prevent any other person from beginning
prosecution for the violation of the provisions thereof.
Sec. 13. Minnesota Statutes 2004, section 219.57,
subdivision 6, is amended to read:
Subd. 6. [MISDEMEANOR.] A railroad company violating this
section is guilty of a misdemeanor punishable by a fine of not
less than $50 nor more than $200 and may be assessed costs of
prosecution for each offense.
A railroad employee violating this section is guilty of a
misdemeanor punishable by a fine of not less than $50 nor more
than $100 and may be assessed costs of prosecution or by
imprisonment in the county jail not exceeding 90 days.
Sec. 14. Minnesota Statutes 2004, section 234.23, is
amended to read:
234.23 [VIOLATION; PENALTY.]
A person unlawfully removing, breaking, or interfering or
tampering with a seal, lock, or other fastening placed upon a
granary, crib, bin, or other receptacle for grain under this
chapter, except when the removal is imperative to prevent the
damage, loss, or destruction of stored grain, is guilty of a
crime punishable by a fine of not less than $100 or more than
$1,000 or by imprisonment in the county jail for not more than
six months, or both gross misdemeanor.
Sec. 15. Minnesota Statutes 2004, section 235.10, is
amended to read:
235.10 [UNLAWFUL DISCRIMINATION IN SALE OR PURCHASE OF
GRAIN.]
A person, firm, copartnership, or corporation engaged in
the business of buying grain, either for itself or others, may
not, with the intention of creating a monopoly or destroying the
business of a competitor, discriminate between different
localities, of this state by purchasing grain of a particular
grade and condition at a higher price or rate in one locality
than in another after making due allowance for the difference,
if any, in actual cost of transportation from the locality of
purchase, to the locality of manufacture, use, or distribution.
Violation of this section is unfair discrimination, punishable
by a fine up to $1,000 or by imprisonment in the county jail up
to six months a gross misdemeanor.
Sec. 16. Minnesota Statutes 2004, section 235.13, is
amended to read:
235.13 [VIOLATIONS; PENALTIES.]
Violation of chapters 216 to 235, if no specific penalty is
prescribed, is a gross misdemeanor, punishable by a fine of not
less than $50 nor more than $700.
Sec. 17. Minnesota Statutes 2004, section 325F.40, is
amended to read:
325F.40 [VIOLATIONS; PENALTIES.]
Any person, company, or corporation violating any of the
provisions of sections 325F.35 to 325F.39 shall be deemed is
guilty of a misdemeanor; and, upon conviction thereof, for the
first offense, punished by a fine of not less than $25 nor more
than $50 and for each subsequent offense by a fine of not less
than $50 nor more than $200.
Sec. 18. Minnesota Statutes 2004, section 329.17, is
amended to read:
329.17 [VIOLATIONS; PENALTIES.]
Subdivision 1. [GROSS MISDEMEANOR.] Every person, either
as principal or agent, who shall in any manner engage in, do, or
transact any business as a transient merchant, without having
first obtained a license, or who shall conduct any sale, or who
shall sell or expose for sale any goods, wares, and merchandise
contrary to the provisions of sections 329.10 to 329.16, or who
shall advertise, represent, or hold forth any sale of goods,
wares, and merchandise, to be conducted contrary to the
provisions of sections 329.10 to 329.16, shall be is guilty of a
gross misdemeanor.
Subd. 2. [MISDEMEANOR.] Every person who shall engage in
or follow the business of a hawker or peddler without having
first obtained a license shall be is guilty of a misdemeanor;
and upon conviction thereof punished by a fine of not less than
$15 nor more than $100 or in default of the payment of such fine
by imprisonment in the county jail of the county of conviction
for a period of not exceeding 60 days for each offense.
Sec. 19. Minnesota Statutes 2004, section 333.135, is
amended to read:
333.135 [IMPROPER USE OF INSIGNIA.]
Every person who shall willfully wear the insignia or
rosette of the military order of the Loyal Legion of the United
States, or the badge or button of the American Legion, the
Veterans of Foreign Wars, the Disabled American Veterans of the
World War, or of any other veterans' organization, or any
similitude thereof; or who shall willfully wear any badge,
emblem, or insignia pertaining to the order of Masons, Odd
Fellows, Knights of Pythias, or any other secret order or
society, or any similitude thereof; or who shall use any such
badge, button, or insignia to obtain aid or assistance, or who
shall use the name of any such order or society for gain, unless
entitled to so use the same under the constitution, bylaws,
rules, and regulations of such order, shall be is guilty of a
misdemeanor and shall be punished by imprisonment in the county
jail for not more than 60 days or by a fine of not more than $50
or by both.
Sec. 20. Minnesota Statutes 2004, section 395.22, is
amended to read:
395.22 [PENALTY FOR VIOLATION.]
Any person who shall, contrary to the provisions of
sections 395.14 to 395.24, sell, transfer, take, or carry away,
or in any manner dispose of, the seed or feed, or any part
thereof, furnished by the county under sections 395.14 to 395.24
or shall use or dispose of such seed or feed, or any part
thereof, for any other purpose than that of planting or sowing
with same as stated in the application and contract, or shall
sell, transfer, take, or carry away, or in any manner dispose
of, the crop or any part thereof, produced from the sowing or
planting of such seed, before the same is paid for, shall be is
guilty of a misdemeanor; and upon conviction thereof shall pay a
fine of not less than $50 nor more than $100 or may be
imprisoned in the county jail for a term of not less than 30 nor
more than 90 days, and shall pay all the costs of prosecution,
and whoever under any of the provisions of sections 395.14 to
395.24 shall be found guilty of false swearing shall be deemed
to have committed perjury and shall upon conviction suffer the
pains and penalties of that crime. Upon the filing of the
contract in the office of the county recorder, and the sowing of
the seed obtained therefor, the title and right of possession to
the growing crop and to the grain produced from the seed shall
be in the county which shall have furnished the seed until the
debt incurred for such seed or feed, shall have been paid, and
any seizure thereof or interference therewith except by the
applicant and those in the applicant's employ, for the purpose
of harvesting, threshing, and marketing the same to pay such
debt, shall be deemed a conversion thereof and treble damages
may be recovered against the person so converting the same by
the county furnishing such seed and feed.
Sec. 21. Minnesota Statutes 2004, section 481.05, is
amended to read:
481.05 [VIOLATIONS; PENALTIES.]
Subdivision 1. [MISDEMEANOR.] Any attorney at law who
shall violate violates section 481.03 shall be is guilty of a
misdemeanor and punished by a fine of not less than $50 nor more
than $100 or by imprisonment in the county jail for not more
than 90 days.
Subd. 2. [MISDEMEANOR.] Any person who shall violate
violates section 481.04 shall be is guilty of a misdemeanor and
punished by a fine of not less than $50 nor more than $100 or by
imprisonment in the county jail for not to exceed 90 days.
Sec. 22. Minnesota Statutes 2004, section 624.64, is
amended to read:
624.64 [ACROBATIC EXHIBITIONS.]
Every proprietor, occupant, or lessee of any place where
acrobatic exhibitions are held, who shall permit any person to
perform on any trapeze, rope, pole, or other acrobatic
contrivance, without network, or other sufficient means of
protection from falling or other accident, shall be is guilty of
a gross misdemeanor, and, for the first offense, punished by a
fine of $250 and for each subsequent offense by a fine of $250
and imprisonment in the county jail for not less than three
months nor more than one year.
Sec. 23. Minnesota Statutes 2004, section 624.67, is
amended to read:
624.67 [FALSE CERTIFICATE OF REGISTRATION OF ANIMALS; FALSE
REPRESENTATION AS TO BREED.]
Every person who by any false pretense shall obtain from
any club, association, society, or company for the improvement
of the breed of cattle, horses, sheep, swine, fowls, or other
domestic animals, or birds, a certificate of registration of any
animal in the herd, or other register of any such association,
society, or company, or a transfer of any such registration, and
every person who shall knowingly represent any animal used for
breeding purposes to be of a greater degree of any particular
strain of blood than such animal actually possesses, shall be is
guilty of a gross misdemeanor, and punished by imprisonment in
the county jail for not more than six months, or by a fine of
not more than $250.
Sec. 24. Minnesota Statutes 2004, section 629.11, is
amended to read:
629.11 [VIOLATION A GROSS MISDEMEANOR.]
Any officer who shall deliver to the agent for extradition
of the demanding state a person in custody under the governor's
warrant in willful disobedience to section 629.10 shall be is
guilty of a gross misdemeanor; and upon conviction shall be
fined not more than $3,000 or be imprisoned for not more than
six months.
Sec. 25. Minnesota Statutes 2004, section 631.04, is
amended to read:
631.04 [EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL
TRIALS; DUTY OF OFFICER; PENALTY.]
A minor under the age of 17 who is not a party to, witness
in, or directly interested in a criminal prosecution or trial
before a district court, may not be present at the trial. A
police officer, constable, sheriff, or other officer in charge
of a court and attending upon the trial of a criminal case in
the court, shall exclude a minor under age of 17 from the room
in which the trial is being held. This section does not apply
when the minor is permitted to attend by order of the court
before which the trial is being held. A police officer,
constable, sheriff, or deputy sheriff who knowingly neglects or
refuses to carry out the provisions of this section is guilty of
a misdemeanor and shall be punished by a fine of not less than
$10 nor more than $25.
ARTICLE 4
GUARDIANSHIP AND CONSERVATORSHIP
Section 1. Minnesota Statutes 2004, section 144.6501,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given them.
(a) "Facility" means a nursing home licensed under chapter
144A or a boarding care facility licensed under sections 144.50
to 144.58.
(b) "Contract of admission," "admission contract," or
"admission agreement," includes, but is not limited to, all
documents that a resident or resident's representative must sign
at the time of, or as a condition of, admission to the
facility. Oral representations and statements between the
facility and the resident or resident's representative are not
part of the contract of admission unless expressly contained in
writing in those documents. The contract of admission must
specify the obligations of the resident or the responsible party.
(c) "Legal representative" means an attorney-in-fact under
a valid power of attorney executed by the prospective resident,
or a conservator or guardian of the person or of the estate
appointed for the prospective resident, or a representative
payee appointed for the prospective resident, or other agent of
limited powers.
(d) "Responsible party" means a person who has access to
the resident's income and assets and who agrees to apply the
resident's income and assets to pay for the resident's care or
who agrees to make and complete an application for medical
assistance on behalf of the resident.
Sec. 2. Minnesota Statutes 2004, section 145B.04, is
amended to read:
145B.04 [SUGGESTED FORM.]
A living will executed after August 1, 1989, under this
chapter must be substantially in the form in this section.
Forms printed for public distribution must be substantially in
the form in this section.
"Health Care Living Will
Notice:
This is an important legal document. Before signing this
document, you should know these important facts:
(a) This document gives your health care providers or your
designated proxy the power and guidance to make health care
decisions according to your wishes when you are in a terminal
condition and cannot do so. This document may include what kind
of treatment you want or do not want and under what
circumstances you want these decisions to be made. You may
state where you want or do not want to receive any treatment.
(b) If you name a proxy in this document and that person
agrees to serve as your proxy, that person has a duty to act
consistently with your wishes. If the proxy does not know your
wishes, the proxy has the duty to act in your best interests.
If you do not name a proxy, your health care providers have a
duty to act consistently with your instructions or tell you that
they are unwilling to do so.
(c) This document will remain valid and in effect until and
unless you amend or revoke it. Review this document
periodically to make sure it continues to reflect your
preferences. You may amend or revoke the living will at any
time by notifying your health care providers.
(d) Your named proxy has the same right as you have to
examine your medical records and to consent to their disclosure
for purposes related to your health care or insurance unless you
limit this right in this document.
(e) If there is anything in this document that you do not
understand, you should ask for professional help to have it
explained to you.
TO MY FAMILY, DOCTORS, AND ALL THOSE CONCERNED WITH MY CARE:
I, .........................., born on ........
(birthdate), being an adult of sound mind, willfully and
voluntarily make this statement as a directive to be followed if
I am in a terminal condition and become unable to participate in
decisions regarding my health care. I understand that my health
care providers are legally bound to act consistently with my
wishes, within the limits of reasonable medical practice and
other applicable law. I also understand that I have the right
to make medical and health care decisions for myself as long as
I am able to do so and to revoke this living will at any time.
(1) The following are my feelings and wishes regarding my
health care (you may state the circumstances under which this
living will applies):
................................................................
................................................................
................................................................
................................................................
(2) I particularly want to have all appropriate health care
that will help in the following ways (you may give instructions
for care you do want):
.................................................................
.................................................................
.................................................................
.................................................................
(3) I particularly do not want the following (you may list
specific treatment you do not want in certain circumstances):
.................................................................
.................................................................
(4) I particularly want to have the following kinds of
life-sustaining treatment if I am diagnosed to have a terminal
condition (you may list the specific types of life-sustaining
treatment that you do want if you have a terminal condition):
...............................................................
...............................................................
...............................................................
...............................................................
(5) I particularly do not want the following kinds of
life-sustaining treatment if I am diagnosed to have a terminal
condition (you may list the specific types of life-sustaining
treatment that you do not want if you have a terminal condition):
...............................................................
...............................................................
...............................................................
...............................................................
(6) I recognize that if I reject artificially administered
sustenance, then I may die of dehydration or malnutrition rather
than from my illness or injury. The following are my feelings
and wishes regarding artificially administered sustenance should
I have a terminal condition (you may indicate whether you wish
to receive food and fluids given to you in some other way than
by mouth if you have a terminal condition):
...............................................................
...............................................................
...............................................................
...............................................................
(7) Thoughts I feel are relevant to my instructions. (You
may, but need not, give your religious beliefs, philosophy, or
other personal values that you feel are important. You may also
state preferences concerning the location of your care.)
...............................................................
...............................................................
...............................................................
...............................................................
(8) Proxy Designation. (If you wish, you may name someone
to see that your wishes are carried out, but you do not have to
do this. You may also name a proxy without including specific
instructions regarding your care. If you name a proxy, you
should discuss your wishes with that person.)
If I become unable to communicate my instructions, I
designate the following person(s) to act on my behalf
consistently with my instructions, if any, as stated in this
document. Unless I write instructions that limit my proxy's
authority, my proxy has full power and authority to make health
care decisions for me. If a guardian or conservator of the
person is to be appointed for me, I nominate my proxy named in
this document to act as my guardian or conservator of my person.
Name: .................................................
Address: ..............................................
Phone Number: .........................................
Relationship: (If any) ................................
If the person I have named above refuses or is unable or
unavailable to act on my behalf, or if I revoke that person's
authority to act as my proxy, I authorize the following person
to do so:
Name: .....................................................
Address: ..................................................
Phone Number: .............................................
Relationship: (If any) ....................................
I understand that I have the right to revoke the
appointment of the persons named above to act on my behalf at
any time by communicating that decision to the proxy or my
health care provider.
(9) Organ Donation After Death. (If you wish, you may
indicate whether you want to be an organ donor upon your
death.) Initial the statement which expresses your wish:
..... In the event of my death, I would like to donate my
organs. I understand that to become an organ donor, I must be
declared brain dead. My organ function may be maintained
artificially on a breathing machine, (i.e., artificial
ventilation), so that my organs can be removed.
Limitations or special wishes: (If any) ...................
.................................................................
.................................................................
I understand that, upon my death, my next of kin may be
asked permission for donation. Therefore, it is in my best
interests to inform my next of kin about my decision ahead of
time and ask them to honor my request.
I (have) (have not) agreed in another document or on
another form to donate some or all of my organs when I die.
..... I do not wish to become an organ donor upon my death.
DATE: .....................................................
SIGNED: ....................................................
STATE OF .........................
..................................
COUNTY OF ........................
Subscribed, sworn to, and acknowledged before me by
.......... on this ..... day of ............, .....
.........................................
NOTARY PUBLIC
OR
(Sign and date here in the presence of two adult witnesses,
neither of whom is entitled to any part of your estate under a
will or by operation of law, and neither of whom is your proxy.)
I certify that the declarant voluntarily signed this living
will in my presence and that the declarant is personally known
to me. I am not named as a proxy by the living will, and to the
best of my knowledge, I am not entitled to any part of the
estate of the declarant under a will or by operation of law.
Witness .................... Address .....................
Witness .................... Address .....................
Reminder: Keep the signed original with your personal papers.
Give signed copies to your doctors, family, and proxy."
Sec. 3. Minnesota Statutes 2004, section 201.014,
subdivision 2, is amended to read:
Subd. 2. [NOT ELIGIBLE.] The following individuals are not
eligible to vote. Any individual:
(a) Convicted of treason or any felony whose civil rights
have not been restored;
(b) Under a guardianship of the person in which the court
order provides that the ward does not retain the right to vote;
or
(c) Found by a court of law to be legally incompetent.
Sec. 4. Minnesota Statutes 2004, section 201.071,
subdivision 1, is amended to read:
Subdivision 1. [FORM.] A voter registration application
must be of suitable size and weight for mailing and contain
spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any;
voter's current address; voter's previous address, if any;
voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter;
date of registration; current and valid Minnesota driver's
license number or Minnesota state identification number, or if
the voter has no current and valid Minnesota driver's license or
Minnesota state identification, the last four digits of the
voter's Social Security number; and voter's signature. The
registration application may include the voter's e-mail address,
if provided by the voter, and the voter's interest in serving as
an election judge, if indicated by the voter. The application
must also contain the following certification of voter
eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address given on the
registration form;
(5) am not under court-ordered guardianship of the person
where I have not retained the right to vote;
(6) have not been found by a court to be legally
incompetent to vote;
(7) have not been convicted of a felony without having my
civil rights restored; and
(8) have read and understand the following statement: that
giving false information is a felony punishable by not more than
five years imprisonment or a fine of not more than $10,000, or
both."
The certification must include boxes for the voter to
respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not
complete this form."
The form of the voter registration application and the
certification of voter eligibility must be as provided in this
subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration
Act may also be accepted as valid.
An individual may use a voter registration application to
apply to register to vote in Minnesota or to change information
on an existing registration.
Sec. 5. Minnesota Statutes 2004, section 201.15,
subdivision 1, is amended to read:
Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant
to the Help America Vote Act of 2002, Public Law 107-252, the
state court administrator shall report monthly by electronic
means to the secretary of state the name, address, and date of
birth of each individual 18 years of age or over, who during the
month preceding the date of the report:
(a) was placed under a guardianship of the person in which
the court order provides that the ward does not retain the right
to vote; or
(b) was adjudged legally incompetent.
The court administrator shall also report the same
information for each individual transferred to the jurisdiction
of the court who meets a condition specified in clause (a) or
(b). The secretary of state shall determine if any of the
persons in the report is registered to vote and shall prepare a
list of those registrants for the county auditor. The county
auditor shall change the status on the record in the statewide
registration system of any individual named in the report to
indicate that the individual is not eligible to reregister or
vote.
Sec. 6. Minnesota Statutes 2004, section 204B.10,
subdivision 6, is amended to read:
Subd. 6. [INELIGIBLE VOTER.] Upon receipt of a certified
copy of a final judgment or order of a court of competent
jurisdiction that a person who has filed an affidavit of
candidacy or who has been nominated by petition:
(1) has been convicted of treason or a felony and the
person's civil rights have not been restored;
(2) is under guardianship of the person; or
(3) has been found by a court of law to be legally
incompetent;
the filing officer shall notify the person by certified mail at
the address shown on the affidavit or petition, and shall not
certify the person's name to be placed on the ballot. The
actions of a filing officer under this subdivision are subject
to judicial review under section 204B.44.
Sec. 7. Minnesota Statutes 2004, section 246.01, is
amended to read:
246.01 [POWERS AND DUTIES.]
The commissioner of human services is hereby specifically
constituted the guardian of both the estate and person of all
persons with mental retardation, the guardianship of whom has
heretofore been vested in the State Board of Control or in the
director of social welfare whether by operation of law or by an
order of court without any further act or proceeding, and all
the powers and duties vested in or imposed upon the State Board
of Control or the director of social welfare, with reference to
mental testing of persons with mental retardation, and with
reference to the institutions of the state of Minnesota except
correctional facilities administered and managed by the
commissioner of corrections, are hereby transferred to, vested
in, and imposed upon the commissioner of human services, and in
relation thereto is hereby charged with and shall have the
exclusive power of administration and management of all of the
following state institutions: state hospitals for persons with
mental retardation, mental illness, or chemical dependency. The
commissioner shall have power and authority to determine all
matters relating to the unified and continuous development of
all of the foregoing institutions and of such other
institutions, the supervision of which may, from time to time,
be vested in the commissioner. It is intended that there be
vested in the commissioner all of the powers, functions, and
authority heretofore vested in the State Board of Control
relative to such state institutions. The commissioner shall
have the power and authority to accept, in behalf of the state,
contributions and gifts of money and personal property for the
use and benefit of the residents of the public institutions
under the commissioner's control, and all money and securities
so received shall be deposited in the state treasury subject to
the order of the commissioner of human services. If the gift or
contribution is designated by the donor for a certain
institution or purpose, the commissioner of human services shall
expend or use the same as nearly as may be in accordance with
the conditions of the gift or contribution, compatible with the
best interests of the inmates and the state. The commissioner
of human services is hereby constituted the "state agency" as
defined by the Social Security Act of the United States and the
laws of this state for all purposes relating to mental health
and mental hygiene.
For the purpose of carrying out these duties, the
commissioner of human services shall accept from wards with
mental retardation for whom the commissioner is specifically
appointed guardian a signed application for consent to the
marriage of said ward. Upon receipt of such application the
commissioner shall promptly conduct such investigation as the
commissioner deems proper and determine if the contemplated
marriage is for the best interest of the ward and the public. A
signed copy of the commissioner's determination shall be mailed
to the ward and to the court administrator of the district court
of the county where the application for such marriage license
was made.
There is hereby appropriated to such persons or
institutions as are entitled to such sums as are provided for in
this section, from the fund or account in the state treasury to
which the money was credited, an amount sufficient to make such
payment.
Sec. 8. Minnesota Statutes 2004, section 252A.03,
subdivision 1, is amended to read:
Subdivision 1. [NOMINATION OF GUARDIAN OR CONSERVATOR.]
The commissioner may be nominated in a sworn written request by
any one of the following to act as guardian or conservator for
any mentally retarded person:
(a) An interested person;
(b) The guardian or conservator of the person of the
mentally retarded person to act as successor;
(c) The mentally retarded person.
Sec. 9. Minnesota Statutes 2004, section 252A.03,
subdivision 4, is amended to read:
Subd. 4. [ALTERNATIVES.] Public guardianship or
conservatorship may be imposed only when no acceptable, less
restrictive form of guardianship or conservatorship is
available. The commissioner shall seek parents, near relatives,
and other interested persons to assume private guardianship for
persons with developmental disabilities who are currently under
public guardianship. If a person seeks to become a private
guardian or conservator, costs to the person may be reimbursed
under section 525.703, subdivision 3, paragraph (b) 524.5-502.
The commissioner must provide technical assistance to parents,
near relatives, and interested persons seeking to become private
guardians or conservators.
Sec. 10. Minnesota Statutes 2004, section 252A.101,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] Except as otherwise provided in
this section, section 525.551, subdivisions 1 to 4, sections
524.5-101 to 524.5-502 apply to public guardianship hearings.
Sec. 11. Minnesota Statutes 2004, section 252A.101,
subdivision 5, is amended to read:
Subd. 5. [FINDINGS.] (a) In all cases the court shall make
specific written findings of fact, conclusions of law, and
direct entry of an appropriate judgment or order. The court
shall order the appointment of the commissioner as guardian or
conservator if it finds that:
(1) the proposed ward or conservatee is a mentally retarded
person as defined in section 252A.02, subdivision 2;
(2) the proposed ward or conservatee is incapable of
exercising specific legal rights, which must be enumerated in
its findings;
(3) the proposed ward or conservatee is in need of the
supervision and protection of a guardian or conservator; and
(4) no appropriate alternatives to public guardianship or
public conservatorship exist that are less restrictive of the
person's civil rights and liberties, such as appointing a
guardian or conservator under sections 525.539 524.5-101 to
525.705 524.5-502.
(b) The court shall grant the specific powers that are
necessary for the commissioner to act as public guardian or
conservator on behalf of the ward or conservatee.
Sec. 12. Minnesota Statutes 2004, section 253B.23,
subdivision 2, is amended to read:
Subd. 2. [LEGAL RESULTS OF COMMITMENT STATUS.] (a) Except
as otherwise provided in this chapter and in sections 246.15 and
246.16, no person by reason of commitment or treatment pursuant
to this chapter shall be deprived of any legal right, including
but not limited to the right to dispose of property, sue and be
sued, execute instruments, make purchases, enter into
contractual relationships, vote, and hold a driver's license.
Commitment or treatment of any patient pursuant to this chapter
is not a judicial determination of legal incompetency except to
the extent provided in section 253B.03, subdivision 6.
(b) Proceedings for determination of legal incompetency and
the appointment of a guardian for a person subject to commitment
under this chapter may be commenced before, during, or after
commitment proceedings have been instituted and may be conducted
jointly with the commitment proceedings. The court shall notify
the head of the treatment facility to which the patient is
committed of a finding that the patient is incompetent.
(c) Where the person to be committed is a minor or owns
property of value and it appears to the court that the person is
not competent to manage a personal estate, the court shall
appoint a general or special guardian or conservator of the
person's estate for the person or a conservator of the person's
estate as provided by law.
Sec. 13. Minnesota Statutes 2004, section 256.93,
subdivision 1, is amended to read:
Subdivision 1. [LIMITATIONS.] In any case where the
guardianship of the person of any mentally retarded,
handicapped, dependent, neglected or delinquent child, or a
child born to a mother who was not married to the child's father
when the child was conceived nor when the child was born, has
been committed to the commissioner of human services, and in any
case where the guardianship or conservatorship of the person of
any person with mental retardation has been committed to the
commissioner of human services, the court having jurisdiction of
the estate may on such notice as the court may direct, authorize
the commissioner to take possession of the personal property in
the estate, liquidate it, and hold the proceeds in trust for the
ward, to be invested, expended and accounted for as provided by
sections 256.88 to 256.92.
Sec. 14. Minnesota Statutes 2004, section 257B.08, is
amended to read:
257B.08 [CONFLICTING DOCUMENTS.]
If a parent has appointed a testamentary guardian of the
person or estate of children by will under chapter 529 and there
is a conflict between the designation in the will and a duly
executed standby custodian designation, the document latest in
date of execution prevails.
Sec. 15. Minnesota Statutes 2004, section 259.21,
subdivision 4, is amended to read:
Subd. 4. [GUARDIAN.] "Guardian" means a guardian of the
person of the ward appointed by a court of competent
jurisdiction.
Sec. 16. Minnesota Statutes 2004, section 260C.101,
subdivision 2, is amended to read:
Subd. 2. [JURISDICTION OVER OTHER MATTERS RELATING TO
CHILDREN.] Except as provided in clause (d), the juvenile court
has original and exclusive jurisdiction in proceedings
concerning:
(a) The termination of parental rights to a child in
accordance with the provisions of sections 260C.301 to 260C.328.
(b) The appointment and removal of a juvenile court
guardian of the person for a child, where parental rights have
been terminated under the provisions of sections 260C.301 to
260C.328.
(c) Judicial consent to the marriage of a child when
required by law.
(d) The juvenile court in those counties in which the judge
of the probate-juvenile court has been admitted to the practice
of law in this state shall proceed under the laws relating to
adoptions in all adoption matters. In those counties in which
the judge of the probate-juvenile court has not been admitted to
the practice of law in this state the district court shall
proceed under the laws relating to adoptions in all adoption
matters.
(e) The review of the foster care status of a child who has
been placed in a residential facility, as defined in section
260C.212, subdivision 1, pursuant to a voluntary release by the
child's parent or parents.
Sec. 17. Minnesota Statutes 2004, section 302A.011,
subdivision 16, is amended to read:
Subd. 16. [LEGAL REPRESENTATIVE.] "Legal representative"
means a person empowered to act for another person, including,
but not limited to, an agent, officer, partner, or associate of,
an organization; a trustee of a trust; a personal
representative; an executor of a will; an administrator of an
estate; a trustee in bankruptcy; and a receiver, guardian,
custodian, or conservator of the a person or estate of a
person a person's estate.
Sec. 18. Minnesota Statutes 2004, section 303.03, is
amended to read:
303.03 [FOREIGN CORPORATIONS MUST HAVE CERTIFICATE OF
AUTHORITY.]
No foreign corporation shall transact business in this
state unless it holds a certificate of authority so to do; and
no foreign corporation whose certificate of authority has been
revoked or canceled pursuant to the provisions of this chapter
shall be entitled to obtain a certificate of authority except in
accordance with the provisions of section 303.19. This section
does not establish standards for those activities that may
subject a foreign corporation to taxation under section 290.015
and to the reporting requirements of section 290.371. Without
excluding other activities which may not constitute transacting
business in this state, and subject to the provisions of
sections 5.25 and 543.19, a foreign corporation shall not be
considered to be transacting business in this state for the
purposes of this chapter solely by reason of carrying on in this
state any one or more of the following activities:
(a) maintaining or defending any action or suit or any
administrative or arbitration proceeding, or effecting the
settlement thereof or the settlement of claims or disputes;
(b) holding meetings of its directors or shareholders or
carrying on other activities concerning its internal affairs;
(c) maintaining bank accounts;
(d) maintaining offices or agencies for the transfer,
exchange, and registration of its securities, or appointing and
maintaining trustees or depositaries with relation to its
securities;
(e) holding title to and managing real or personal
property, or any interest therein, situated in this state, as
executor of the will or administrator of the estate of any
decedent, as trustee of any trust, or as guardian or conservator
of the person or estate, or both, of any person or conservator
of any person's estate;
(f) making, participating in, or investing in loans or
creating, as borrower or lender, or otherwise acquiring
indebtedness or mortgages or other security interests in real or
personal property;
(g) securing or collecting its debts or enforcing any
rights in property securing them; or
(h) conducting an isolated transaction completed within a
period of 30 days and not in the course of a number of repeated
transactions of like nature.
Sec. 19. Minnesota Statutes 2004, section 303.25,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENTS.] Any foreign trust
association may accept appointment and act as executor of the
will or administrator of the estate of any decedent who was a
resident of this state at the time of death, as trustee of any
trust created by a resident of this state by will or otherwise,
and as guardian or conservator of the person or estate, or both,
of any resident of this state or conservator of the resident's
estate, if banking or trust associations or corporations
organized under the laws of this state or national banking
associations maintaining their principal offices in this state
are permitted to act as executors, administrators, trustees,
guardians, or conservators in the state in which the foreign
trust association maintains its principal office. Any foreign
trust association may accept appointment and act as executor of
the will or administrator of the estate of a decedent, who was a
resident of the state in which the foreign trust association
maintains its principal office at the time of death, in
ancillary probate proceedings in this state, as trustee of any
trust created by the decedent by will or otherwise of property
situated in this state, and as guardian or conservator in
ancillary proceedings in this state with respect to the property
of a resident of the other state if banking or trust
associations or corporations organized under the laws of this
state and national banking associations maintaining their
principal offices in this state are permitted to act as
executors, administrators, trustees, guardians, or conservators
in the state in which the foreign trust association maintains
its principal office.
Sec. 20. Minnesota Statutes 2004, section 322B.03,
subdivision 27, is amended to read:
Subd. 27. [LEGAL REPRESENTATIVE.] "Legal representative"
means a person empowered to act for another person, including,
but not limited to, an agent, manager, partner, or associate, of
an organization; a trustee of a trust; a personal
representative; an executor of a will; an administrator of an
estate; a trustee in bankruptcy; and a receiver, guardian,
custodian, or conservator of the a person or estate of a person
a person's estate.
Sec. 21. Minnesota Statutes 2004, section 501B.18, is
amended to read:
501B.18 [ORDER FOR HEARING.]
Upon the filing of a petition under section 501B.16, the
court shall, by order, fix a time and place for a hearing,
unless notice and hearing have been waived in writing by the
beneficiaries of the trust then in being. Unless waived, notice
of the hearing must be given as follows: (1) by publishing, at
least 20 days before the date of the hearing, a copy of the
order for hearing one time in a legal newspaper for the county
in which the petition is filed; and (2) by mailing, at least 15
days before the date of the hearing, a copy of the order for
hearing to those beneficiaries of the trust who are known to or
reasonably ascertainable by the petitioner. In the case of a
beneficiary who is a minor or an incapacitated person as defined
in section 525.54 524.5-102 and for whom a conservator,
guardian, or guardian ad litem known to the petitioner has been
appointed, notice must be mailed to that fiduciary. Notice may
be given in any other manner the court orders.
Sec. 22. Minnesota Statutes 2004, section 501B.19, is
amended to read:
501B.19 [REPRESENTATION OF PERSONS WHO ARE UNBORN,
UNASCERTAINED, UNKNOWN, OR MINORS OR INCAPACITATED PERSONS.]
If an interested person is a minor or an incapacitated
person as defined in section 525.54 524.5-102 and has no
guardian or conservator within the state, or if an interested
person is unborn, unascertained, or a person whose identity or
address is unknown to the petitioner, the court shall represent
that person, unless the court, upon the application of the
trustee or any other interested person, appoints a guardian ad
litem to represent the person.
Sec. 23. Minnesota Statutes 2004, section 525.9212, is
amended to read:
525.9212 [MAKING, REVOKING, AND OBJECTING TO ANATOMICAL
GIFTS, BY OTHERS.]
(a) Any member of the following classes of persons, in the
order of priority listed, may make an anatomical gift of all or
a part of the decedent's body for an authorized purpose, unless
the decedent has made a refusal to make that anatomical gift
that is unrevoked at the time of death:
(1) the spouse of the decedent;
(2) an adult son or daughter of the decedent;
(3) either parent of the decedent;
(4) an adult brother or sister of the decedent;
(5) a grandparent of the decedent; and
(6) a guardian or conservator of the person of the decedent
at the time of death or a health care agent or proxy appointed
by the decedent under a health care directive as defined in
section 145C.01, a living will under chapter 145B, or other
similar document executed in another state and enforceable under
the laws of this state.
(b) An anatomical gift may not be made by a person listed
in paragraph (a) if:
(1) a person in a prior class is available at the time of
death to make an anatomical gift;
(2) the person proposing to make an anatomical gift knows
of a refusal or contrary indications by the decedent; or
(3) the person proposing to make an anatomical gift knows
of an objection to making an anatomical gift by a member of the
person's class or a prior class.
(c) An anatomical gift by a person authorized under
paragraph (a) must be made by (i) a document of gift signed by
the person, or (ii) the person's telegraphic, recorded
telephonic, or other recorded message, or other form of
communication from the person that is contemporaneously reduced
to writing and signed by the recipient.
(d) An anatomical gift by a person authorized under
paragraph (a) may be revoked by any member of the same or a
prior class if, before procedures have begun for the removal of
a part from the body of the decedent, the physician, surgeon,
technician, or enucleator removing the part knows of the
revocation.
(e) A failure to make a decision as to an anatomical gift
under paragraph (a) is not an objection to the making of an
anatomical gift.
Sec. 24. Minnesota Statutes 2004, section 525.95,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "War service" includes the following, during a period
when the United States is engaged in war or other major military
engagement with a foreign nation:
(1) active membership in the military forces of the United
States or any of its allies;
(2) acceptance for membership in the military forces of the
United States or any of its allies and awaiting induction into
that service;
(3) participation in work abroad in connection with a
governmental agency of the United States or any of its allies,
with the Red Cross, or with a similar service;
(4) internment by an enemy or absence from the United
States and inability to return; and
(5) service arising out of or in connection with the war or
other major military engagement, which in the opinion of the
court prevents the fiduciary from giving the proper attention to
duties.
(b) "Fiduciary" refers to a trustee of a testamentary trust
or of an express trust, a guardian of a person or conservator of
the person or estate of a person person's estate, an executor of
a will, an administrator of the estate of the decedent, a
custodian under the Minnesota Uniform Transfers to Minors Act,
or an advisor or consultant in a testamentary or express trust.
Sec. 25. Minnesota Statutes 2004, section 527.38, is
amended to read:
527.38 [RENUNCIATION, RESIGNATION, DEATH, OR REMOVAL OF
CUSTODIAN; DESIGNATION OF SUCCESSOR CUSTODIAN.]
(a) A person nominated under section 527.23 or designated
under section 527.29 as custodian may decline to serve by
delivering a valid disclaimer to the person who made the
nomination or to the transferor or the transferor's legal
representative. If the event giving rise to a transfer has not
occurred and no substitute custodian able, willing, and eligible
to serve was nominated under section 527.23, the person who made
the nomination may nominate a substitute custodian under section
527.23; otherwise the transferor or the transferor's legal
representative shall designate a substitute custodian at the
time of the transfer, in either case from among the persons
eligible to serve as custodian for that kind of property under
section 527.29, paragraph (a). The custodian so designated has
the rights of a successor custodian.
(b) A custodian at any time may designate a trust company
or an adult other than a transferor under section 527.24 as
successor custodian by executing and dating an instrument of
designation before a subscribing witness other than the
successor. If the instrument of designation does not contain or
is not accompanied by the resignation of the custodian, the
designation of the successor does not take effect until the
custodian resigns, dies, becomes incapacitated, or is removed.
(c) A custodian may resign at any time by delivering
written notice to the minor if the minor has attained the age of
14 years and to the successor custodian and by delivering the
custodial property to the successor custodian.
(d) If a custodian is ineligible, dies, or becomes
incapacitated without having effectively designated a successor
and the minor has attained the age of 14 years, the minor may
designate as successor custodian, in the manner prescribed in
paragraph (b), an adult member of the minor's family, a
conservator of the minor, or a trust company. If the minor has
not attained the age of 14 years or fails to act within 60 days
after the ineligibility, death, or incapacity, the conservator
of the minor becomes successor custodian. If the minor has no
conservator or the conservator declines to act, the transferor,
the legal representative of the transferor or of the custodian,
an adult member of the minor's family, or any other interested
person may petition the court to designate a successor custodian.
(e) A custodian who declines to serve under paragraph (a)
or resigns under paragraph (c), or the legal representative of a
deceased or incapacitated custodian, as soon as practicable,
shall put the custodial property and records in the possession
and control of the successor custodian. The successor custodian
by action may enforce the obligation to deliver custodial
property and records and becomes responsible for each item as
received.
(f) A transferor, the legal representative of a transferor,
an adult member of the minor's family, a guardian of the person
of the minor, the conservator of the minor minor's estate, or
the minor if the minor has attained the age of 14 years may
petition the court to remove the custodian for cause and to
designate a successor custodian other than a transferor under
section 527.24 or to require the custodian to give appropriate
bond.
Sec. 26. Minnesota Statutes 2004, section 527.39, is
amended to read:
527.39 [ACCOUNTING BY AND DETERMINATION OF LIABILITY OF
CUSTODIAN.]
(a) A minor who has attained the age of 14 years, the
minor's guardian of the person or legal representative, an adult
member of the minor's family, a transferor, or a transferor's
legal representative may petition the court (i) for an
accounting by the custodian or the custodian's legal
representative; or (ii) for a determination of responsibility,
as between the custodial property and the custodian personally,
for claims against the custodial property unless the
responsibility has been adjudicated in an action under section
527.37 to which the minor or the minor's legal representative
was a party.
(b) A successor custodian may petition the court for an
accounting by the predecessor custodian.
(c) The court, in a proceeding under this chapter or in any
other proceeding, may require or permit the custodian or the
custodian's legal representative to account.
(d) If a custodian is removed under section 527.38,
paragraph (f), the court shall require an accounting and order
delivery of the custodial property and records to the successor
custodian and the execution of all instruments required for
transfer of the custodial property.
Sec. 27. Minnesota Statutes 2004, section 529.12, is
amended to read:
529.12 [DECLINATION, RESIGNATION, INCAPACITY, DEATH, OR
REMOVAL OF CUSTODIAL TRUSTEE; DESIGNATION OF SUCCESSOR CUSTODIAL
TRUSTEE.]
(a) Before accepting the custodial trust property, a person
designated as custodial trustee may decline to serve by
notifying the person who made the designation, the transferor,
or the transferor's legal representative. If an event giving
rise to a transfer has not occurred, the substitute custodial
trustee designated under section 529.03 becomes the custodial
trustee, or, if a substitute custodial trustee has not been
designated, the person who made the designation may designate a
substitute custodial trustee pursuant to section 529.03. In
other cases, the transferor or the transferor's legal
representative may designate a substitute custodial trustee.
(b) A custodial trustee who has accepted the custodial
trust property may resign by (i) delivering written notice to a
successor custodial trustee, if any, the beneficiary and, if the
beneficiary is incapacitated, to the beneficiary's conservator,
if any, and (ii) transferring or registering, or recording an
appropriate instrument relating to, the custodial trust
property, in the name of, and delivering the records to, the
successor custodial trustee identified under subsection (c).
(c) If a custodial trustee or successor custodial trustee
is ineligible, resigns, dies, or becomes incapacitated, the
successor designated under section 529.02, subsection (g), or
529.03 becomes custodial trustee. If there is no effective
provision for a successor, the beneficiary, if not
incapacitated, or the holder of the beneficiary's power of
attorney, may designate a successor custodial trustee.
(d) If a successor custodial trustee is not designated
pursuant to subsection (c), the transferor, the legal
representative of the transferor or of the custodial trustee, an
adult member of the beneficiary's family, the conservator of the
beneficiary, a person interested in the custodial trust
property, or a person interested in the welfare of the
beneficiary, may petition the court to designate a successor
custodial trustee in accordance with the procedures set forth in
sections 501B.16 to 501B.25.
(e) A custodial trustee who declines to serve or resigns,
or the legal representative of a deceased or incapacitated
custodial trustee, as soon as practicable, shall put the
custodial trust property and records in the possession and
control of the successor custodial trustee. The successor
custodial trustee may enforce the obligation to deliver
custodial trust property and records and becomes responsible for
each item as received.
(f) A beneficiary, the beneficiary's conservator, an adult
member of the beneficiary's family, a guardian of the person of
the beneficiary, a person interested in the custodial trust
property, or a person interested in the welfare of the
beneficiary, may petition the court to remove the custodial
trustee for cause and designate a successor custodial trustee,
to require the custodial trustee to furnish a bond or other
security for the faithful performance of fiduciary duties, or
for other appropriate relief.
Sec. 28. Minnesota Statutes 2004, section 540.18,
subdivision 1, is amended to read:
Subdivision 1. [LIABILITY RULE.] The parent or guardian of
the person of a minor who is under the age of 18 and who is
living with the parent or guardian and who willfully or
maliciously causes injury to any person or damage to any
property is jointly and severally liable with such minor for
such injury or damage to an amount not exceeding $1,000, if such
minor would have been liable for such injury or damage if the
minor had been an adult. Nothing in this subdivision shall be
construed to relieve such minor from personal liability for such
injury or damage. The liability provided in this subdivision is
in addition to and not in lieu of any other liability which may
exist at law. Recovery under this section shall be limited to
special damages.
Sec. 29. [REVISOR'S INSTRUCTION.]
The Revisor of Statutes shall change the references to
Minnesota Statutes in the following Minnesota Rules parts from
the repealed section number in column A to the current section
number in column B.
Column A Column B
Minnesota Rules Part Obsolete Reference Current Reference
3400.0020, 525.615; 525.6165 524.5-201;
subp. 31b 524.5-202;
524.5-204
9520.0902, subp. 26 525.619 524.5-207;
524.5-209
9525.0004, subp. 17 524.5-505 524.5-211
9525.3020, subp. 3 525.54, 524.5-302;
subd. 3 524.5-303;
524.5-403
9525.3025, subp. 7 525.55 524.5-113;
524.5-303;
524.5-304;
524.5-308;
524.5-404
9525.3030 525.56 524.5-313;
524.5-417;
524.5-418
9525.3040, subp. 1 525.56, 524.5-313,
subds. 1 to 3 paragraphs (a) to (c)
9525.3060, subp. 1 525.56, subd. 3 524.5-313,
paragraph (c)
9525.3060, subp. 1 525.56, subd. 3, 524.5-313,
clause (4), paragraph (c),
paragraph (b) clause (4), item (ii)
9525.3060, subp. 2 525.56, subd. 3, 524.5-313,
clause (4), paragraph (c),
paragraph (c) clause (4), item (iii)
9525.3060, subp. 4 525.56, subd. 3, 524.5-313,
clause (4), paragraph (c),
paragraph (a) clause (4), item (i)
9525.3075, subp. 3 525.57 524.5-107;
524.5-433
9525.3090, subp. 3 525.60 524.5-112;
524.5-317;
524.5-428;
524.5-431
9525.0925, subp. 22 525.619 524.5-207;
524.5-209
9555.5105, subp. 20 525.539 to 524.5-101 to
525.6198 524.5-502
9555.7600 525.539 to 524.5-101 to
525.6198 524.5-502
ARTICLE 5
RETIREMENT PROVISIONS
Section 1. Minnesota Statutes 2004, section 353.01,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC EMPLOYEE.] "Public employee" means a
governmental employee performing personal services for a
governmental subdivision defined in subdivision 6, whose salary
is paid, in whole or in part, from revenue derived from
taxation, fees, assessments, or from other sources. The term
includes the classes of persons described or listed in
subdivision 2a. The term also includes persons who elect
association membership under subdivision 2d, paragraph (a), and
persons for whom the applicable governmental subdivision had
elected association membership under subdivision 2d, paragraph
(b). The term also includes full-time employees of the Dakota
County Agricultural Society. The term excludes the classes of
persons listed in subdivision 2b for purposes of membership in
the association.
Sec. 2. Minnesota Statutes 2004, section 353.34,
subdivision 3a, is amended to read:
Subd. 3a. [DEFERRED ANNUITY; CERTAIN HOSPITAL EMPLOYEES.]
Any member employed by a public hospital, as defined in
section 355.71 355.01, subdivision 3 3k, who has at least three
years of allowable service credit on the date the public
hospital is taken over by a private corporation or organization,
may elect to receive a deferred annuity pursuant to subdivision
3 notwithstanding the length of service requirement contained
therein.
Sec. 3. Minnesota Statutes 2004, section 356.431,
subdivision 1, is amended to read:
Subdivision 1. [LUMP-SUM POSTRETIREMENT PAYMENT
CONVERSION.] For benefits paid after December 31, 2001, to
eligible persons under sections 356.42 and 356.43, the amount of
the most recent lump-sum benefit payable to an eligible
recipient under sections 356.86 356.42 and 356.865 356.43 must
be divided by 12. The result must be added to the monthly
annuity or benefit otherwise payable to an eligible recipient,
must become a permanent part of the benefit recipient's pension,
and must be included in any pension benefit subject to future
increases.
Sec. 4. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall replace the references to
Minnesota Statutes, section 356.55 with Minnesota Statutes,
section 356.551 in the following sections of Minnesota
Statutes: 352.275, subdivision 1; 352B.01, subdivision 3a;
353.01, subdivision 16a; 353.666; and 354.533.
Sec. 5. [REPEALER.]
Laws 2001, First Special Session chapter 10, article 10,
section 1, is repealed.
Presented to the governor March 10, 2005
Signed by the governor March 14, 2005, 3:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes