1.1 	A bill for an act
1.2 	relating to legislation; correcting erroneous, ambiguous, and omitted text and 
1.3 	obsolete references; eliminating certain redundant, conflicting, and superseded 
1.4 	provisions; making miscellaneous technical corrections to statutes and other 
1.5 	laws; amending Minnesota Statutes 2004, sections 3.736, subdivision 8; 
1.6 	13.322, subdivision 3; 13.355, by adding a subdivision; 13.6905, by adding a 
1.7 	subdivision; 16B.85, subdivision 5; 45.011, subdivision 1; 62D.03, subdivision 
1.8 	4; 62D.30, subdivision 8; 62Q.19, subdivision 2; 82.50, subdivision 7; 97A.445, 
1.9 	subdivision 3; 103F.205, subdivision 1; 103G.293; 115A.0716, subdivision 
1.10 	3; 145A.09, subdivision 4; 168.187, subdivision 12; 169.781, subdivision 1; 
1.11 	253B.045, subdivision 2; 256.9831, subdivision 1; 256B.0917, subdivision 13; 
1.12 	256B.093, subdivision 3a; 256J.88; 260C.007, subdivision 6; 273.03, subdivision 
1.13 	3; 273.111, subdivision 3; 290.48, subdivision 10; 295.50, subdivision 10b; 
1.14 	297E.01, subdivision 8; 299A.292, subdivision 2; 299A.80, subdivision 1; 
1.15 	299C.091, subdivision 2; 349.12, subdivision 21; 353.27, subdivision 9; 353.33, 
1.16 	subdivision 1; 353.656, subdivision 8; 354.05, subdivision 13; 466.06; 581.02; 
1.17 	609.652, subdivision 2; 609.671, subdivision 1; 626.5572, subdivision 2; 
1.18 	Minnesota Statutes 2005 Supplement, sections 16C.33, subdivision 3; 116J.575, 
1.19 	subdivision 1; 138.17, subdivision 10; 144.225, subdivision 7; 144.335, 
1.20 	subdivision 1; 144.602, subdivision 1; 148B.60, subdivision 3; 148D.240, 
1.21 	subdivision 5; 168.128, subdivision 2; 168.33, subdivision 2; 169.18, subdivision 
1.22 	11; 216B.1612, subdivision 2; 237.763; 245C.15, subdivision 3; 256B.441, 
1.23 	subdivision 13; 270C.96; 289A.42, subdivision 1; 296A.22, subdivision 9; 
1.24 	325E.61, subdivision 5; 349.153; 357.021, subdivision 1a; 604A.33, subdivision 
1.25 	1;  Laws 2005, chapter 20, article 2, section 1; Laws 2005, chapter 88, article 3, 
1.26 	section 10; Laws 2005, First Special Session chapter 6, article 3, section 95; 
1.27 	repealing Minnesota Statutes 2004, sections 155A.03, subdivision 11; 299J.061; 
1.28 	309.50, subdivision 8; 326.991, subdivision 2; Laws 2001, First Special Session 
1.29 	chapter 5, article 12, sections 31; 32; Laws 2005, chapter 156, article 5, section 
1.30 	20; Laws 2005, First Special Session chapter 4, article 5, section 14.
1.31 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.32 	ARTICLE 1
1.33 	GENERAL PROVISIONS

1.34 	Section 1. Minnesota Statutes 2004, section 3.736, subdivision 8, is amended to read:
2.1 		Subd. 8.Liability insurance. A state agency, including an entity defined as a part of 
2.2 	the state in section  3.732, subdivision 1, clause (1), may procure insurance against liability 
2.3 	of the agency and its employees for damages resulting from the torts of the agency and 
2.4 	its employees. Procurement of the insurance is a waiver of the limits of governmental 
2.5 	liability under subdivisions 4 and 4a only to the extent that valid and collectible insurance, 
2.6 	including where applicable, proceeds from the Minnesota Guarantee Fund Insurance 
2.7 	Guaranty Association, exceeds those limits and covers the claim. Purchase of insurance 
2.8 	has no other effect on the liability of the agency and its employees. Procurement of 
2.9 	commercial insurance, participation in the risk management fund under section  16B.85, 
2.10 	or provisions of an individual self-insurance plan with or without a reserve fund or 
2.11 	reinsurance does not constitute a waiver of any governmental immunities or exclusions. 

2.12 	Sec. 2. Minnesota Statutes 2004, section 16B.85, subdivision 5, is amended to read:
2.13 		Subd. 5.Risk management fund not considered insurance. A state agency, 
2.14 	including an entity defined as a part of the state in section  3.732, subdivision 1, clause 
2.15 	(1), may procure insurance against liability of the agency and its employees for damages 
2.16 	resulting from the torts of the agency and its employees. The procurement of this 
2.17 	insurance constitutes a waiver of the limits of governmental liability under section  3.736, 
2.18 	subdivisions 4 and 4a, only to the extent that valid and collectible insurance, including 
2.19 	where applicable, proceeds from the Minnesota Guarantee Fund Insurance Guaranty 
2.20 	Association, exceeds those limits and covers the claim. Purchase of insurance has no 
2.21 	other effect on the liability of the agency and its employees. Procurement of commercial 
2.22 	insurance, participation in the risk management fund under this section, or provisions of 
2.23 	an individual self-insurance plan with or without a reserve fund or reinsurance does not 
2.24 	constitute a waiver of any governmental immunities or exclusions. 

2.25 	Sec. 3. Minnesota Statutes 2004, section 45.011, subdivision 1, is amended to read:
2.26 		Subdivision 1.Scope. As used in chapters 45 to 83, 155A, 309, 332, 345, and 359, 
2.27 	and sections  325D.30 to  325D.42,  326.83 to  326.991, and 386.61 to  386.78, unless the 
2.28 	context indicates otherwise, the terms defined in this section have the meanings given 
2.29 	them. 

2.30 	Sec. 4. Minnesota Statutes 2004, section 97A.445, subdivision 3, is amended to read:
2.31 		Subd. 3.Angling and spearing; disabled railroad and postal retirees. A license 
2.32 	is not required to take fish by angling or spearing for a resident that is:
3.1 	(1) receiving aid under the federal Railroad Retirement Act of 1937 1974, United 
3.2 	States Code, title 45, section 228b(a)5 231a(a)(1)(v); or
3.3 	(2) a former employee of the United States Postal Service receiving disability pay 
3.4 	under United States Code, title 5, section 8337.

3.5 	Sec. 5. Minnesota Statutes 2005 Supplement, section 138.17, subdivision 10, is 
3.6 	amended to read:
3.7 		Subd. 10.Optical image storage. (a) Any government record, including a record 
3.8 	with archival value, may be transferred to and stored on a nonerasable optical imaging 
3.9 	system and retained only in that format, if the requirements of this section are met.
3.10 	(b) All documents preserved on nonerasable optical imaging systems must meet 
3.11 	standards for permanent records specified in section 15.17, subdivision 1, and must be 
3.12 	kept available for retrieval so long as any law requires. Standards under section 15.17, 
3.13 	subdivision 1, may not be inconsistent with efficient use of optical imaging systems.
3.14 	(c) A government entity storing a record on an optical imaging system shall create 
3.15 	and store a backup copy of the record at a site other than the site where the original is kept. 
3.16 	The government entity shall retain the backup copy and operable retrieval equipment so 
3.17 	long as any law requires the original to be retained. The backup copy required by this 
3.18 	paragraph must be preserved either (1) on a nonerasable optical imaging system; or (2) by 
3.19 	another reproduction method approved by the records disposition panel.
3.20 	(d) All contracts for the purchase of optical imaging systems used pursuant to this 
3.21 	chapter shall contain terms that insure continued retrievability of the optically stored 
3.22 	images and conform to any guidelines that may be established by the Office of Enterprise 
3.23 	Technology of the Department of Administration for perpetuation of access to stored data.

3.24 	Sec. 6. Minnesota Statutes 2005 Supplement, section 168.128, subdivision 2, is 
3.25 	amended to read:
3.26 		Subd. 2.Plates. (a) A person who operates a limousine for other than personal use 
3.27 	shall register the motor vehicle as provided in this section.
3.28 	(b) A person who operates a limousine for personal use may apply. The 
3.29 	commissioner shall issue limousine plates to the registered owner of a limousine who:
3.30 	(1) certifies that an insurance policy under section 65B.1365B.135 in an aggregate 
3.31 	amount of $300,000 per accident is in effect for the entire period of the registration;
3.32 	(2) provides the commissioner with proof that the passenger automobile license tax 
3.33 	and a $10 fee have been paid for each limousine receiving limousine plates; and
4.1 	(3) complies with this chapter and rules governing the registration of motor vehicles 
4.2 	and licensing of drivers.
4.3 	(c) The limousine plates must be designed to specifically identify the vehicle as a 
4.4 	limousine and must be clearly marked with the letters "LM." Limousine plates may not be 
4.5 	transferred upon sale of the limousine, but may be transferred to another limousine owned 
4.6 	by the same person upon notifying the commissioner and paying a $5 transfer fee.

4.7 	Sec. 7. Minnesota Statutes 2004, section 168.187, subdivision 12, is amended to read:
4.8 		Subd. 12.Registration of proratable vehicles. (1) The commissioner of public 
4.9 	safety shall register proratable vehicles of a fleet upon application and payment of 
4.10 	registration fees as provided in subdivision 11. Payment of an additional fee for each 
4.11 	vehicle so registered may be required by the commissioner in an amount not to exceed $5 
4.12 	per motor powered vehicle, for issuance of a plate, sticker, or other suitable identification 
4.13 	for each vehicle. A registration card shall be issued for each vehicle registered, which 
4.14 	shall appropriately identify the vehicle for which it is issued. Such registration card shall 
4.15 	be carried in or upon the vehicle for which it has been issued, at all times, except that the 
4.16 	registration cards for all vehicles in a combination of vehicles may be carried in or upon 
4.17 	the vehicle supplying the motive power.
4.18 	(2) Fleet vehicles registered as provided in (1) shall be deemed fully registered 
4.19 	in this state for any type of movement or operation, except that when a state grant of 
4.20 	authority is required for any movement or operation, no such vehicle shall be operated in 
4.21 	this state unless the owner or operator thereof has been granted authority or rights therefor 
4.22 	by the Public Utilities Commissionstate and unless said vehicle is being operated in 
4.23 	conformity with such authority or rights. No registration under this section shall excuse 
4.24 	the owner or operator of any vehicle from compliance with the laws of this state, except 
4.25 	those requiring registration and licensing.

4.26 	Sec. 8. Minnesota Statutes 2005 Supplement, section 168.33, subdivision 2, is 
4.27 	amended to read:
4.28 		Subd. 2.Deputy registrars. (a) The commissioner may appoint, and for cause 
4.29 	discontinue, a deputy registrar for any statutory or home rule charter city as the public 
4.30 	interest and convenience may require, without regard to whether the county auditor of 
4.31 	the county in which the city is situated has been appointed as the deputy registrar for the 
4.32 	county or has been discontinued as the deputy registrar for the county, and without regard 
4.33 	to whether the county in which the city is situated has established a county license bureau 
4.34 	that issues motor vehicle licenses as provided in section 373.32.
5.1 	(b) The commissioner may appoint, and for cause discontinue, a deputy registrar 
5.2 	for any statutory or home rule charter city as the public interest and convenience may 
5.3 	require, if the auditor for the county in which the city is situated chooses not to accept 
5.4 	appointment as the deputy registrar for the county or is discontinued as a deputy registrar, 
5.5 	or if the county in which the city is situated has not established a county license bureau 
5.6 	that issues motor vehicle licenses as provided in section 373.32. The individual appointed 
5.7 	by the commissioner as a deputy registrar for any statutory or home rule charter city must 
5.8 	be a resident of the county in which the city is situated.
5.9 	(c) The commissioner may appoint, and for cause discontinue, the county auditor of 
5.10 	each county as a deputy registrar.
5.11 	(d) Despite any other provision, a person other than a county auditor or a director 
5.12 	of a county license bureau, who was appointed by the registrar before August 1, 1976, 
5.13 	as a deputy registrar for any statutory or home rule charter city, may continue to serve 
5.14 	as deputy registrar and may be discontinued for cause only by the commissioner. The 
5.15 	county auditor who appointed the deputy registrars is responsible for the acts of deputy 
5.16 	registrars appointed by the auditor.
5.17 	(e) Each deputy, before entering upon the discharge of duties, shall take and 
5.18 	subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
5.19 	(f) If a deputy registrar appointed under this subdivision is not an officer or employee 
5.20 	of a county or statutory or home rule charter city, the deputy shall in addition give bond to 
5.21 	the state in the sum of $10,000, or a larger sum as may be required by the commissioner, 
5.22 	conditioned upon the faithful discharge of duties as deputy registrar.
5.23 	(g) Until January 1, 2012, a corporation governed by chapter 302A may be appointed 
5.24 	a deputy registrar. Upon application by an individual serving as a deputy registrar and 
5.25 	the giving of the requisite bond as provided in this subdivision, personally assured by the 
5.26 	individual or another individual approved by the commissioner, a corporation named in 
5.27 	an application then becomes the duly appointed and qualified successor to the deputy 
5.28 	registrar. The appointment of any corporation as a deputy registrar expires January 1, 2009
5.29 	2012. The commissioner shall appoint an individual as successor to the corporation as a 
5.30 	deputy registrar. The commissioner shall appoint as the successor agent to a corporation 
5.31 	whose appointment expires under this paragraph an officer of the corporation if the officer 
5.32 	applies for appointment before July 1, 2009 2012.
5.33 	(h) Each deputy registrar appointed under this subdivision shall keep and maintain 
5.34 	office locations approved by the commissioner for the registration of vehicles and the 
5.35 	collection of taxes and fees on vehicles.
6.1 	(i) The deputy registrar shall keep records and make reports to the commissioner as 
6.2 	the commissioner requires. The records must be maintained at the offices of the deputy 
6.3 	registrar. The records and offices of the deputy registrar must at all times be open to the 
6.4 	inspection of the commissioner or the commissioner's agents. The deputy registrar shall 
6.5 	report to the commissioner by the next working day following receipt all registrations 
6.6 	made and taxes and fees collected by the deputy registrar.
6.7 	(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of 
6.8 	the place for which appointed or, if not a public official, a deputy shall retain the filing 
6.9 	fee, but the registration tax and any additional fees for delayed registration the deputy 
6.10 	registrar has collected the deputy registrar shall deposit by the next working day following 
6.11 	receipt in an approved state depository to the credit of the state through the commissioner 
6.12 	of finance. The place for which the deputy registrar is appointed through its governing 
6.13 	body must provide the deputy registrar with facilities and personnel to carry out the duties 
6.14 	imposed by this subdivision if the deputy is a public official. In all other cases, the deputy 
6.15 	shall maintain a suitable facility for serving the public.

6.16 	Sec. 9. Minnesota Statutes 2005 Supplement, section 169.18, subdivision 11, is 
6.17 	amended to read:
6.18 		Subd. 11.Passing parked emergency vehicle; citation; probable cause. (a) When 
6.19 	approaching and before passing an authorized emergency vehicle with its emergency 
6.20 	lights activated that is parked or otherwise stopped on or next to a street or highway having 
6.21 	two lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the 
6.22 	lane farthest away from the emergency vehicle, if it is possible to do so.
6.23 	(b) When approaching and before passing an authorized emergency vehicle with its 
6.24 	emergency lights activated that is parked or otherwise stopped on or next to a street or 
6.25 	highway having more than two lanes in the same direction, the driver of a vehicle shall 
6.26 	safely move the vehicle so as to leave a full lane vacant between the driver and any lane 
6.27 	in which the emergency vehicle is completely or partially parked or otherwise stopped, 
6.28 	if it is possible to do so.
6.29 	(c) A peace officer may issue a citation to the driver of a motor vehicle if the peace 
6.30 	officer has probable cause to believe that the driver has operated the vehicle in violation 
6.31 	of this subdivision within the four-hour period following the termination of the incident 
6.32 	or a receipt of a report under paragraph (d). The citation may be issued even though the 
6.33 	violation was not committed in the presence of the peace officer.
6.34 	(d) Although probable cause may be otherwise satisfied by other evidentiary 
6.35 	elements or factors, probable cause is sufficient for purposes of this subdivision when the 
7.1 	person cited is operating the vehicle described by a member of the crew of an authorized 
7.2 	emergency vehicle responding to an incident in a timely report of the violation of this 
7.3 	subdivision, which includes a description of the vehicle used to commit the offense and 
7.4 	the vehicle's license plate number. For the purposes of issuance of a citation under 
7.5 	paragraph (c), "timely" means that the report must be made within a four-hour period 
7.6 	following the termination of the incident.
7.7 	(e) For purposes of paragraphs (a) and (b) only, the terms "authorized emergency 
7.8 	vehicle" and "emergency vehicle" includesinclude a towing vehicle defined in section 
7.9 	169.01, subdivision 52, that has activated flashing lights authorized under section 169.64, 
7.10 	subdivision 3, in addition to the vehicles described in the definition for "authorized 
7.11 	emergency vehicle" in section 169.01, subdivision 5.

7.12 	Sec. 10. Minnesota Statutes 2004, section 169.781, subdivision 1, is amended to read:
7.13 		Subdivision 1.Definitions. For purposes of sections  169.781 to  169.783: 
7.14 	(a) "Commercial motor vehicle" means:
7.15 	(1) a commercial motor vehicle as defined in section  169.01, subdivision 75, 
7.16 	paragraph (a); and 
7.17 	(2) each vehicle in a combination of more than 26,000 pounds.
7.18 	"Commercial motor vehicle" does not include (1) a school bus or Head Start bus displaying 
7.19 	a certificate under section  169.451, (2) a bus operated by the Metropolitan Council or by 
7.20 	a local transit commission created in chapter 458A, or (3) a motor vehicle with a gross 
7.21 	weight of not more than 26,000 pounds, carrying in bulk tanks a total of not more than 
7.22 	200 gallons of petroleum products or liquid fertilizer or pesticide that is required to be 
7.23 	placarded under Code of Federal Regulations, title 49, parts 100-185. 
7.24 	(b) "Commissioner" means the commissioner of public safety.
7.25 	(c) "Owner" means a person who owns, or has control, under a lease of more than 30 
7.26 	days' duration, of one or more commercial motor vehicles.
7.27 	(d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store 
7.28 	property at a location not on a street or highway, (2) does not contain any load when 
7.29 	moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked 
7.30 	on each side of the semitrailer "storage only" in letters at least six inches high.
7.31 	(e) "Building mover vehicle" means a vehicle owned or leased by a building mover 
7.32 	as defined in section  221.81, subdivision 1, paragraph (a), and used exclusively for 
7.33 	moving buildings. 

8.1 	Sec. 11. Minnesota Statutes 2005 Supplement, section 216B.1612, subdivision 2, 
8.2 	is amended to read:
8.3 		Subd. 2.Definitions. (a) The terms used in this section have the meanings given 
8.4 	them in this subdivision.
8.5 	(b) "C-BED tariff" or "tariff" means a community-based energy development tariff.
8.6 	(c) "Qualifying owner" means:
8.7 	(1) a Minnesota resident;
8.8 	(2) a limited liability corporationcompany that is organized under the laws of this 
8.9 	state and that is made up of members who are Minnesota residents;
8.10 	(3) a Minnesota nonprofit organization organized under chapter 317A;
8.11 	(4) a Minnesota cooperative association organized under chapter 308A or 308B, 
8.12 	other than a rural electric cooperative association or a generation and transmission 
8.13 	cooperative;
8.14 	(5) a Minnesota political subdivision or local government other than a municipal 
8.15 	electric utility or municipal power agency, including, but not limited to, a county, statutory 
8.16 	or home rule charter city, town, school district, or public or private higher education 
8.17 	institution or any other local or regional governmental organization such as a board, 
8.18 	commission, or association; or
8.19 	(6) a tribal council.
8.20 	(d) "Net present value rate" means a rate equal to the net present value of the 
8.21 	nominal payments to a project divided by the total expected energy production of the 
8.22 	project over the life of its power purchase agreement.
8.23 	(e) "Standard reliability criteria" means:
8.24 	(1) can be safely integrated into and operated within the utility's grid without causing 
8.25 	any adverse or unsafe consequences; and
8.26 	(2) is consistent with the utility's resource needs as identified in its most recent 
8.27 	resource plan submitted under section 216B.2422.
8.28 	(f) "Community-based energy project" or "C-BED project" means a new wind 
8.29 	energy project that:
8.30 	(1) has no single qualifying owner owning more than 15 percent of a C-BED project 
8.31 	that consists of more than two turbines; or
8.32 	(2) for C-BED projects of one or two turbines, is owned entirely by one or more 
8.33 	qualifying owners, with at least 51 percent of the total financial benefits over the life of the 
8.34 	project flowing to qualifying owners; and
9.1 	(3) has a resolution of support adopted by the county board of each county in which 
9.2 	the project is to be located, or in the case of a project located within the boundaries of a 
9.3 	reservation, the tribal council for that reservation.

9.4 	Sec. 12. Minnesota Statutes 2004, section 253B.045, subdivision 2, is amended to read:
9.5 		Subd. 2.Facilities. Each county or a group of counties shall maintain or provide by 
9.6 	contract a facility for confinement of persons held temporarily for observation, evaluation, 
9.7 	diagnosis, treatment, and care. When the temporary confinement is provided at a regional 
9.8 	treatment center, the commissioner shall charge the county of financial responsibility for 
9.9 	the costs of confinement of persons hospitalized under section  253B.05, subdivisions 1 
9.10 	and 2, and section  253B.07, subdivision 2b, except that the commissioner shall bill the 
9.11 	responsible health plan first. If the person has health plan coverage, but the hospitalization 
9.12 	does not meet the criteria in subdivision 6 or section  62M.07,  62Q.53, or  62Q.535, the 
9.13 	county is responsible. "County of financial responsibility" means the county in which the 
9.14 	person resides at the time of confinement or, if the person has no residence in this state, the 
9.15 	county which initiated the confinement. The charge shall be based on the commissioner's 
9.16 	determination of the cost of care pursuant to section  246.50, subdivision 5. When there is 
9.17 	a dispute as to which county is the county of financial responsibility, the county charged 
9.18 	for the costs of confinement shall pay for them pending final determination of the dispute 
9.19 	over financial responsibility. Disputes about the county of financial responsibility shall be 
9.20 	submitted to the commissioner to be settled in the manner prescribed in section  256G.09. 

9.21 	Sec. 13. Minnesota Statutes 2004, section 260C.007, subdivision 6, is amended to read:
9.22 		Subd. 6.Child in need of protection or services. "Child in need of protection or 
9.23 	services" means a child who is in need of protection or services because the child:
9.24 	(1) is abandoned or without parent, guardian, or custodian;
9.25 	(2)(i) has been a victim of physical or sexual abuse, (ii) resides with or has resided 
9.26 	with a victim of domestic child abuse as defined in subdivision 5, (iii) resides with 
9.27 	or would reside with a perpetrator of domestic child abuse or child abuse as defined in 
9.28 	subdivision 5, or (iv) is a victim of emotional maltreatment as defined in subdivision 8;
9.29 	(3) is without necessary food, clothing, shelter, education, or other required care 
9.30 	for the child's physical or mental health or morals because the child's parent, guardian, 
9.31 	or custodian is unable or unwilling to provide that care;
9.32 	(4) is without the special care made necessary by a physical, mental, or emotional 
9.33 	condition because the child's parent, guardian, or custodian is unable or unwilling to 
10.1 	provide that care, including a child in voluntary placement due solely to the child's 
10.2 	developmental disability or emotional disturbance;
10.3 	(5) is medically neglected, which includes, but is not limited to, the withholding of 
10.4 	medically indicated treatment from a disabled infant with a life-threatening condition. The 
10.5 	term "withholding of medically indicated treatment" means the failure to respond to the 
10.6 	infant's life-threatening conditions by providing treatment, including appropriate nutrition, 
10.7 	hydration, and medication which, in the treating physician's or physicians' reasonable 
10.8 	medical judgment, will be most likely to be effective in ameliorating or correcting all 
10.9 	conditions, except that the term does not include the failure to provide treatment other 
10.10 	than appropriate nutrition, hydration, or medication to an infant when, in the treating 
10.11 	physician's or physicians' reasonable medical judgment:
10.12 	(i) the infant is chronically and irreversibly comatose;
10.13 	(ii) the provision of the treatment would merely prolong dying, not be effective in 
10.14 	ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 
10.15 	futile in terms of the survival of the infant; or
10.16 	(iii) the provision of the treatment would be virtually futile in terms of the survival 
10.17 	of the infant and the treatment itself under the circumstances would be inhumane;
10.18 	(6) is one whose parent, guardian, or other custodian for good cause desires to 
10.19 	be relieved of the child's care and custody, including a child in placement according to 
10.20 	voluntary release by the parent under section  260C.212, subdivision 8; 
10.21 	(7) has been placed for adoption or care in violation of law;
10.22 	(8) is without proper parental care because of the emotional, mental, or physical 
10.23 	disability, or state of immaturity of the child's parent, guardian, or other custodian;
10.24 	(9) is one whose behavior, condition, or environment is such as to be injurious or 
10.25 	dangerous to the child or others. An injurious or dangerous environment may include, but 
10.26 	is not limited to, the exposure of a child to criminal activity in the child's home;
10.27 	(10) is experiencing growth delays, which may be referred to as failure to thrive, that 
10.28 	have been diagnosed by a physician and are due to parental neglect;
10.29 	(11) has engaged in prostitution as defined in section  609.321, subdivision 9; 
10.30 	(12) has committed a delinquent act or a juvenile petty offense before becoming 
10.31 	ten years old;
10.32 	(13) is a runaway;
10.33 	(14) is a habitual truant; or
10.34 	(15) has been found incompetent to proceed or has been found not guilty by reason 
10.35 	of mental illness or mental deficiency in connection with a delinquency proceeding, a 
11.1 	certification under section  260B.125, an extended jurisdiction juvenile prosecution, or a 
11.2 	proceeding involving a juvenile petty offense; or
11.3 	(16) has been found by the court to have committed domestic abuse perpetrated by 
11.4 	a minor under Laws 1997, chapter 239, article 10, sections 2 to 26, has been ordered 
11.5 	excluded from the child's parent's home by an order for protection/minor respondent, and 
11.6 	the parent or guardian is either unwilling or unable to provide an alternative safe living 
11.7 	arrangement for the child.

11.8 	Sec. 14. Minnesota Statutes 2005 Supplement, section 270C.96, is amended to read:
11.9 	270C.96 REASSESSMENT; COMPENSATION; REIMBURSEMENT BY 
11.10 	COUNTIES.
11.11 	The compensation of each special assessor and deputies, appointed under the 
11.12 	provisions of section 270C.94 and the expenses as such, shall be fixed by the commissioner 
11.13 	and paid out of money appropriated for operation of the department. The commissioner 
11.14 	on August 1 shall notify the auditor of each affected county of the amount thereof paid 
11.15 	on behalf of such county since August 1 of the preceding year, whereupon the county 
11.16 	auditor shall levy a tax upon the taxable property in the assessment district or districts 
11.17 	wherein such reassessment was made sufficient to pay the same. One-half of such tax 
11.18 	shall be levied in the year in which the commissioner so notifies the county auditor and the 
11.19 	remaining one-half shall be levied in the following year. The respective counties shall 
11.20 	reimburse the state by paying one-half of the tax so assessed on or before July 1 and the 
11.21 	remaining one-half on or before December 1 in the year in which the tax is payable by 
11.22 	owner, whether or not the tax was collected by the county. The reimbursement shall be 
11.23 	credited to the general fund. If any county fails to reimburse the state within the time 
11.24 	specified herein, the commissioner is empowered to order withholding of state aids or 
11.25 	distributions to such county equal to the amount delinquent.

11.26 	Sec. 15. Minnesota Statutes 2004, section 299A.292, subdivision 2, is amended to read:
11.27 		Subd. 2.Duties. (a) The commissioner shall:
11.28 	(1) gather, develop, and make available throughout the state information and 
11.29 	educational materials on preventing and reducing violence in the family and in the 
11.30 	community, both directly and by serving as a clearinghouse for information and 
11.31 	educational materials from schools, state and local agencies, community service providers, 
11.32 	and local organizations;
11.33 	(2) foster collaboration among schools, state and local agencies, community service 
11.34 	providers, and local organizations that assist in violence intervention or prevention;
12.1 	(3) assist schools, state and local agencies, service providers, and organizations, on 
12.2 	request, with training and other programs designed to educate individuals about violence 
12.3 	and reinforce values that contribute to ending violence;
12.4 	(4) after consulting with all state agencies involved in preventing or reducing 
12.5 	violence within the family or community, develop a statewide strategy for preventing and 
12.6 	reducing violence that encompasses the efforts of those agencies and takes into account all 
12.7 	money available for preventing or reducing violence from any source;
12.8 	(5) submit the strategy to the governor by January 15 of each calendar year, along 
12.9 	with a summary of activities occurring during the previous year to prevent or reduce 
12.10 	violence experienced by children, young people, and their families;
12.11 	(6) assist appropriate professional and occupational organizations, including 
12.12 	organizations of law enforcement officers, prosecutors, and educators, in developing and 
12.13 	operating informational and training programs to improve the effectiveness of activities to 
12.14 	prevent or reduce violence within the family or community; and
12.15 	(7) take other actions deemed necessary to reduce the incidence of crime.
12.16 	The commissioner also may, through this program, support activities and strategies of the 
12.17 	Criminal Gang Council and Strike Force Gang and Drug Oversight Council as specified in 
12.18 	sections  299A.64,  299A.65, and  299A.66 section 299A.641. 
12.19 	(b) The commissioner shall gather and make available information on prevention and 
12.20 	supply reduction activities throughout the state, foster cooperation among involved state 
12.21 	and local agencies, and assist agencies and public officials in training and other programs 
12.22 	designed to improve the effectiveness of prevention and supply reduction activities.
12.23 	(c) The commissioner shall coordinate the distribution of funds received by the 
12.24 	state of Minnesota through the federal Anti-Drug Abuse Act. The commissioner shall 
12.25 	determine recipients of grants under section  299A.33, after consultation with the Chemical 
12.26 	Abuse Prevention Resource Council. 
12.27 	(d) The commissioner shall:
12.28 	(1) after consultation with all state agencies involved in prevention or supply 
12.29 	reduction activities, develop a state chemical abuse and dependency strategy encompassing 
12.30 	the efforts of those agencies and taking into account all money available for prevention 
12.31 	and supply reduction activities, from any source;
12.32 	(2) submit the strategy to the governor by January 15 of each year, along with a 
12.33 	summary of prevention and supply reduction activities during the preceding calendar year;
12.34 	(3) assist appropriate professional and occupational organizations, including 
12.35 	organizations of law enforcement officers, prosecutors, and educators, in developing and 
13.1 	operating informational and training programs to improve the effectiveness of prevention 
13.2 	and supply reduction activities;
13.3 	(4) provide information, including information on drug trends, and assistance to state 
13.4 	and local agencies, both directly and by functioning as a clearinghouse for information 
13.5 	from other agencies;
13.6 	(5) facilitate cooperation among drug program agencies; and
13.7 	(6) in coordination with the Chemical Abuse Prevention Resource Council, review, 
13.8 	approve, and coordinate the administration of prevention, criminal justice, and treatment 
13.9 	grants.

13.10 	Sec. 16. Minnesota Statutes 2004, section 299C.091, subdivision 2, is amended to read:
13.11 		Subd. 2.Entry of data into system. (a) A law enforcement agency may submit 
13.12 	data on an individual to the criminal gang investigative data system only if the agency 
13.13 	obtains and maintains the documentation required under this subdivision. Documentation 
13.14 	may include data obtained from other criminal justice agencies, provided that a record of 
13.15 	all of the documentation required under paragraph (b) is maintained by the agency that 
13.16 	submits the data to the bureau. Data maintained by a law enforcement agency to document 
13.17 	an entry in the system are confidential data on individuals as defined in section  13.02, 
13.18 	subdivision 3, but may be released to criminal justice agencies. 
13.19 	(b) A law enforcement agency may submit data on an individual to the bureau for 
13.20 	inclusion in the system if the individual is 14 years of age or older and the agency has 
13.21 	documented that:
13.22 	(1) the individual has met at least three of the criteria or identifying characteristics of 
13.23 	gang membership developed by the Criminal Gang and Drug Oversight Council under 
13.24 	section  299A.65 299A.641, subdivision 3, clause (7), as required by the council; and 
13.25 	(2) the individual has been convicted of a gross misdemeanor or felony or has been 
13.26 	adjudicated or has a stayed adjudication as a juvenile for an offense that would be a gross 
13.27 	misdemeanor or felony if committed by an adult.

13.28 	Sec. 17. Minnesota Statutes 2005 Supplement, section 325E.61, subdivision 5, is 
13.29 	amended to read:
13.30 		Subd. 5.Security assessments. Each government entity shall conduct a 
13.31 	comprehensive security assessment of any personal information maintained by the 
13.32 	government entity. For the purposes of this subdivision, personal information is defined 
13.33 	under section 325E.61, subdivision 1, paragraphs (e) and (f).

14.1 	Sec. 18. Minnesota Statutes 2004, section 466.06, is amended to read:
14.2 	466.06 LIABILITY INSURANCE.
14.3 	The governing body of any municipality may procure insurance against liability of 
14.4 	the municipality and its officers, employees, and agents for damages, including punitive 
14.5 	damages, resulting from its torts and those of its officers, employees, and agents, including 
14.6 	torts specified in section  466.03 for which the municipality is immune from liability. The 
14.7 	insurance may provide protection in excess of the limit of liability imposed by section  
14.8 	466.04. If a municipality other than a school district has the authority to levy taxes, the 
14.9 	premium costs for such insurance may be levied in excess of any per capita or local tax 
14.10 	rate tax limitation imposed by statute or charter. Any independent board or commission in 
14.11 	the municipality having authority to disburse funds for a particular municipal function 
14.12 	without approval of the governing body may similarly procure liability insurance with 
14.13 	respect to the field of its operation. The procurement of such insurance constitutes a 
14.14 	waiver of the limits of governmental liability under section  466.04 only to the extent that 
14.15 	valid and collectible insurance, including where applicable, proceeds from the Minnesota 
14.16 	Guarantee Fund Insurance Guaranty Association, exceeds those limits and covers the 
14.17 	claim. The purchase of insurance has no other effect on the liability of the municipality or 
14.18 	its employees. Procurement of commercial insurance, participation in a self-insurance 
14.19 	pool pursuant to section  471.981, or provision for an individual self-insurance plan with or 
14.20 	without a reserve fund or reinsurance shall not constitute a waiver of any governmental 
14.21 	immunities or exclusions. 

14.22 	Sec. 19. Minnesota Statutes 2004, section 609.652, subdivision 2, is amended to read:
14.23 		Subd. 2.Criminal acts. (a) A person who does any of the following for 
14.24 	consideration and with intent to manufacture, sell, issue, publish, or pass more than 
14.25 	one fraudulent driver's license or identification card or to cause or permit any of the 
14.26 	items listed in clauses (1) to (5) to be used in forging or making more than one false or 
14.27 	counterfeit driver's license or identification card is guilty of a crime:
14.28 	(1) has in control, custody, or possession any plate, block, press, stone, digital image, 
14.29 	computer software program, encoding equipment, computer optical scanning equipment, 
14.30 	or digital photo printer, or other implement, or any part of such an item, designed to assist 
14.31 	in making a fraudulent driver's license or identification card;
14.32 	(2) engraves, makes, or amends, or begins to engrave, make, or amend, any plate, 
14.33 	block, press, stone, or other implement for the purpose of producing a fraudulent driver's 
14.34 	license or identification card;
15.1 	(3) uses a photocopier, digital camera, photographic image, or computer software to 
15.2 	generate a fraudulent driver's license or identification card;
15.3 	(4) has in control, custody, or possession or makes or provides paper or other 
15.4 	material adapted and designed for the making of a fraudulent driver's license or 
15.5 	identification card; or
15.6 	(5) prints, photographs, or in any manner makes or executes an engraved photograph, 
15.7 	print, or impression purporting to be a driver's license or identification card.
15.8 	(b) Notwithstanding section  171.22, a person who manufacturers manufactures or 
15.9 	possesses more than one fraudulent driver's license or identification card with intent to 
15.10 	sell is guilty of a crime. 

15.11 	Sec. 20. Laws 2005, chapter 88, article 3, section 10, is amended to read:
15.12 	Sec. 10.  SUBMISSION TO VOTERS.
15.13 	The constitutional amendment proposed in section 12 9 must be presented to the 
15.14 	people at the 2006 general election. The question submitted must be:
15.15 	"Shall the Minnesota Constitution be amended to dedicate revenue from a tax on the 
15.16 	sale of new and used motor vehicles over a five-year period, so that after June 30, 2011, 
15.17 	all of the revenue is dedicated at least 40 percent for public transit assistance and not 
15.18 	more than 60 percent for highway purposes?

15.19		Yes .......
	
15.20		No ........"
	
15.21 	

15.22 	Sec. 21. TRANSFER OF APPROPRIATIONS TO PROPER BILL LOCATION.
 15.23 	The appropriations for a statewide trauma system and family planning grants, found 
15.24 	in Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 3, are 
15.25 	transferred to Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 
15.26 	2. The subdivision totals remain the same.

15.27 	EFFECTIVE DATE. This section is effective retroactively from July 1, 2005.

15.28 	Sec. 22. REVISOR'S INSTRUCTION; FARMED CERVIDAE.
 15.29 	The revisor of statutes shall change all references to section 17.451, subdivision 2, to 
15.30 	section 35.153, subdivision 3, in Minnesota Statutes and Minnesota Rules.

15.31 	Sec. 23. REVISOR'S INSTRUCTION; RECREATIONAL EQUIPMENT.
 16.1 	The revisor of statutes shall change the term "recreational equipment" to read 
16.2 	"recreational vehicle" or its plural, as appropriate, to conform to the terminology change 
16.3 	made in Laws 2005, First Special Session chapter 6, where the term appears in Minnesota 
16.4 	Statutes, sections 65B.49, 168.1296, 168.27, 168A.03, 168D.17, 169.80, and 325F.665.

16.5 	Sec. 24. REVISOR'S INSTRUCTION; RECODIFICATION.
 16.6 	The revisor of statutes shall recodify Minnesota Statutes, section 325E.61, 
16.7 	subdivision 5, as amended, as section 13.055, subdivision 6.

16.8 	Sec. 25. REVISOR'S INSTRUCTION; AFDC.
 16.9 	(a) The revisor of statutes shall change "AFDC" to "MFIP" in Minnesota Rules, 
16.10 	parts 3050.3100, subparts 1 and 3; 7620.0100, subpart 24; 9500.1219, subparts 2 and 6; 
16.11 	9500.1223, subpart 2; 9500.1231, subparts 4 and 6; 9500.1235; 9500.1251, subpart 2; 
16.12 	and 9530.7015, subpart 1.
16.13 	(b) The revisor of statutes shall change "aid to families with dependent children" to 
16.14 	"the Minnesota family investment program," as appropriate, in Minnesota Rules, parts 
16.15 	3300.5040, subpart 4; 4900.3371, subparts 3 and 10; 9055.0020, subpart 6; 9500.1237, 
16.16 	subpart 8; 9530.7000, subpart 13; and 9535.4053.
16.17 	(c) The revisor of statutes shall replace the words "aid to families with dependent 
16.18 	children (AFDC) or" with "the" in Minnesota Rules, part 4830.7100, subpart 5, item 
16.19 	D, and the words "AFDC program rules, part 9500.2440, subpart 7" with "MFIP 
16.20 	requirements in Minnesota Statutes, section 256J.08, subdivision 11" in Minnesota Rules, 
16.21 	part 9500.1206, subpart 18b.
16.22 	(d) The revisor of statutes shall change "256.72 to 256.87" to "256J.01 to 256J.88" 
16.23 	in Minnesota Rules, part 4900.3371, subparts 3 and 10.

16.24 	Sec. 26.  REPEALER.
 16.25 		Subdivision 1.Obsolete Minnesota Cosmetology Advisory Council definition.
 16.26 	Minnesota Statutes 2004, section 155A.03, subdivision 11, is repealed.
16.27 		Subd. 2.Expired Pipeline Advisory Committee.  Minnesota Statutes 2004, section 
16.28 	299J.061, is repealed.
16.29 		Subd. 3.Social and charitable solicitations; repeal of definition.  Minnesota 
16.30 	Statutes 2004, section 309.50, subdivision 8, is repealed.
16.31 		Subd. 4.Minneapolis contractor licensing.  Minnesota Statutes 2004, section 
16.32 	326.991, subdivision 2, is repealed.
17.1 		Subd. 5.Prospective amendments not effective. Laws 2001, First Special Session 
17.2 	chapter 5, article 12, sections 31; 32, are repealed.
17.3 		Subd. 6.Conflict; criminal juvenile justice policy group.  Laws 2005, chapter 
17.4 	156, article 5, section 20, is repealed.
17.5 		Subd. 7.Conflict; state children and community services grant allocation.
 17.6 	Laws 2005, First Special Session chapter 4, article 5, section 14, is repealed retroactively 
17.7 	from July 1, 2005.

17.8 	ARTICLE 2
17.9 	DATA PRACTICES

17.10 	Section 1. Minnesota Statutes 2004, section 13.322, subdivision 3, is amended to read:
17.11 		Subd. 3.Higher Education Services Office. (a) General. Data sharing involving 
17.12 	the Higher Education Services Office and other institutions is governed by section sections
17.13 	136A.05 and 136A.08, subdivision 8. 
17.14 	(b)  Student financial aid. Data collected and used by the Higher Education Services 
17.15 	Office on applicants for financial assistance are classified under section  136A.162. 
17.16 	(c)  Minnesota college savings plan data. Account owner data, account data, and 
17.17 	data on beneficiaries of accounts under the Minnesota college savings plan are classified 
17.18 	under section  136G.05, subdivision 10. 
17.19 	(d)  School financial records. Financial records submitted by schools registering 
17.20 	with the Higher Education Services Office are classified under section  136A.64. 
17.21 	(e) Enrollment and financial aid data. Data collected from eligible institutions on 
17.22 	student enrollment and federal and state financial aid are contained in sections 136A.121, 
17.23 	subdivision 18, and 136A.1701, subdivision 11.

17.24 	Sec. 2. Minnesota Statutes 2004, section 13.355, is amended by adding a subdivision 
17.25 	to read:
17.26 		Subd. 3.Use of Social Security numbers. Certain restrictions on the use of Social 
17.27 	Security numbers are contained in section 325E.59.

17.28 	Sec. 3. Minnesota Statutes 2004, section 13.6905, is amended by adding a subdivision 
17.29 	to read:
17.30 		Subd. 17a.CIBRS data. Data relating to the Comprehensive Incident Based 
17.31 	Reporting System are contained in section 299C.40.

18.1 	ARTICLE 3
18.2 	CROSS-REFERENCES

18.3 	Section 1. Minnesota Statutes 2005 Supplement, section 16C.33, subdivision 3, is 
18.4 	amended to read:
18.5 		Subd. 3.Solicitation of qualifications or proposals. (a) Every user agency, except 
18.6 	the Capitol Area Architectural and Planning Board, shall submit a written request for a 
18.7 	design-builder for its project to the commissioner who shall forward the request to the 
18.8 	board, consistent with section 16B.33, subdivision 3a 3, paragraph (a). The University of 
18.9 	Minnesota shall follow the process in subdivision 4 to select design-builders for projects 
18.10 	that are subject to section 16B.33. The written request must include a description of the 
18.11 	project, the total project cost, a description of any special requirements or unique features 
18.12 	of the proposed project, and other information requested by the board which will assist the 
18.13 	board in carrying out its duties and responsibilities set forth in this section.
18.14 	(b) A request for qualifications or proposals soliciting design-builders shall be 
18.15 	prepared for each design-build contract pursuant to subdivision 5 or 7. The request for 
18.16 	qualifications or proposals shall contain, at a minimum, the following elements:
18.17 	(1) the identity of the agency for which the project will be built and that will award 
18.18 	the design-build contract;
18.19 	(2) procedures for submitting qualifications or proposals, the criteria for evaluation 
18.20 	of qualifications or proposals and the relative weight for each criterion and subcriterion, 
18.21 	and the procedures for making awards according to the stated criteria and subcriteria, 
18.22 	including a reference to the requirements of this section;
18.23 	(3) the proposed terms and conditions for the contract;
18.24 	(4) the desired qualifications of the design-builder and the desired or permitted 
18.25 	areas of construction to be performed by named members of the design-build team, if 
18.26 	applicable. The primary designer shall be a named member of the design-build team;
18.27 	(5) the schedule for commencement and completion of the project;
18.28 	(6) any applicable budget limits for the project;
18.29 	(7) the requirements for insurance and statutorily required performance and payment 
18.30 	bonds;
18.31 	(8) the identification and location of any other information in the possession or 
18.32 	control of the agency that the user agency determines is material, which may include 
18.33 	surveys, soils reports, drawings or models of existing structures, environmental studies, 
18.34 	photographs, or references to public records;
19.1 	(9) for a design-build design and price-based selection process, the request shall 
19.2 	also include the design criteria package, including the performance and technical 
19.3 	requirements for the project, and the functional and operational elements for the delivery 
19.4 	of the completed project. The request shall also contain a description of the drawings, 
19.5 	specifications, or other submittals to be included with the proposal, with guidance as to 
19.6 	the form and level of completeness of the drawings, specifications or submittals that will 
19.7 	be acceptable, and the stipend to be paid to the design-builders selected to submit the 
19.8 	above described information; and
19.9 	(10) the criteria shall not impose unnecessary conditions beyond reasonable 
19.10 	requirements to ensure maximum participation of qualified design-builders. The criteria 
19.11 	shall not consider the collective bargaining status of the design-builder.
19.12 	(c) Notice of requests for qualifications or proposals must be advertised in the State 
19.13 	Register.

19.14 	Sec. 2. Minnesota Statutes 2004, section 62D.03, subdivision 4, is amended to read:
19.15 		Subd. 4.Application requirements. Each application for a certificate of authority 
19.16 	shall be verified by an officer or authorized representative of the applicant, and shall be 
19.17 	in a form prescribed by the commissioner of health. Each application shall include the 
19.18 	following:
19.19 	(a) a copy of the basic organizational document, if any, of the applicant and of 
19.20 	each major participating entity; such as the articles of incorporation, or other applicable 
19.21 	documents, and all amendments thereto;
19.22 	(b) a copy of the bylaws, rules and regulations, or similar document, if any, and all 
19.23 	amendments thereto which regulate the conduct of the affairs of the applicant and of 
19.24 	each major participating entity;
19.25 	(c) a list of the names, addresses, and official positions of the following:
19.26 	(1) all members of the board of directors, or governing body of the local government 
19.27 	unit, and the principal officers and shareholders of the applicant organization; and
19.28 	(2) all members of the board of directors, or governing body of the local government 
19.29 	unit, and the principal officers of the major participating entity and each shareholder 
19.30 	beneficially owning more than ten percent of any voting stock of the major participating 
19.31 	entity;
19.32 	The commissioner may by rule identify persons included in the term "principal 
19.33 	officers";
19.34 	(d) a full disclosure of the extent and nature of any contract or financial arrangements 
19.35 	between the following:
20.1 	(1) the health maintenance organization and the persons listed in clause (c)(1);
20.2 	(2) the health maintenance organization and the persons listed in clause (c)(2);
20.3 	(3) each major participating entity and the persons listed in clause (c)(1) concerning 
20.4 	any financial relationship with the health maintenance organization; and
20.5 	(4) each major participating entity and the persons listed in clause (c)(2) concerning 
20.6 	any financial relationship with the health maintenance organization;
20.7 	(e) the name and address of each participating entity and the agreed upon duration of 
20.8 	each contract or agreement;
20.9 	(f) a copy of the form of each contract binding the participating entities and the 
20.10 	health maintenance organization. Contractual provisions shall be consistent with the 
20.11 	purposes of sections  62D.01 to  62D.30, in regard to the services to be performed under the 
20.12 	contract, the manner in which payment for services is determined, the nature and extent 
20.13 	of responsibilities to be retained by the health maintenance organization, the nature and 
20.14 	extent of risk sharing permissible, and contractual termination provisions; 
20.15 	(g) a copy of each contract binding major participating entities and the health 
20.16 	maintenance organization. Contract information filed with the commissioner shall be 
20.17 	confidential and subject to the provisions of section  13.37, subdivision 1, clause (b), upon 
20.18 	the request of the health maintenance organization. 
20.19 	Upon initial filing of each contract, the health maintenance organization shall file 
20.20 	a separate document detailing the projected annual expenses to the major participating 
20.21 	entity in performing the contract and the projected annual revenues received by the entity 
20.22 	from the health maintenance organization for such performance. The commissioner 
20.23 	shall disapprove any contract with a major participating entity if the contract will result 
20.24 	in an unreasonable expense under section  62D.19. The commissioner shall approve or 
20.25 	disapprove a contract within 30 days of filing. 
20.26 	Within 120 days of the anniversary of the implementation of each contract, the 
20.27 	health maintenance organization shall file a document detailing the actual expenses 
20.28 	incurred and reported by the major participating entity in performing the contract in the 
20.29 	preceding year and the actual revenues received from the health maintenance organization 
20.30 	by the entity in payment for the performance;
20.31 	(h) a statement generally describing the health maintenance organization, its health 
20.32 	maintenance contracts and separate health service contracts, facilities, and personnel, 
20.33 	including a statement describing the manner in which the applicant proposes to provide 
20.34 	enrollees with comprehensive health maintenance services and separate health services;
20.35 	(i) a copy of the form of each evidence of coverage to be issued to the enrollees;
21.1 	(j) a copy of the form of each individual or group health maintenance contract 
21.2 	and each separate health service contract which is to be issued to enrollees or their 
21.3 	representatives;
21.4 	(k) financial statements showing the applicant's assets, liabilities, and sources of 
21.5 	financial support. If the applicant's financial affairs are audited by independent certified 
21.6 	public accountants, a copy of the applicant's most recent certified financial statement 
21.7 	may be deemed to satisfy this requirement;
21.8 	(l) a description of the proposed method of marketing the plan, a schedule of 
21.9 	proposed charges, and a financial plan which includes a three-year projection of the 
21.10 	expenses and income and other sources of future capital;
21.11 	(m) a statement reasonably describing the geographic area or areas to be served and 
21.12 	the type or types of enrollees to be served;
21.13 	(n) a description of the complaint procedures to be utilized as required under section  
21.14 	62D.11; 
21.15 	(o) a description of the procedures and programs to be implemented to meet the 
21.16 	requirements of section  62D.04, subdivision 1, clauses (b) and (c) and to monitor the 
21.17 	quality of health care provided to enrollees; 
21.18 	(p) a description of the mechanism by which enrollees will be afforded an 
21.19 	opportunity to participate in matters of policy and operation under section  62D.06; 
21.20 	(q) a copy of any agreement between the health maintenance organization and an 
21.21 	insurer or nonprofit health service corporation regarding reinsurance, stop-loss coverage, 
21.22 	insolvency coverage, or any other type of coverage for potential costs of health services, 
21.23 	as authorized in sections  62D.04, subdivision 1, clause (f),  62D.05, subdivision 3, and  
21.24 	62D.13; 
21.25 	(r) a copy of the conflict of interest policy which applies to all members of the board 
21.26 	of directors and the principal officers of the health maintenance organization, as described 
21.27 	in section  62D.04, subdivision 1, paragraph (g). All currently licensed health maintenance 
21.28 	organizations shall also file a conflict of interest policy with the commissioner within 60 
21.29 	days after August 1, 1990, or at a later date if approved by the commissioner; 
21.30 	(s) a copy of the statement that describes the health maintenance organization's prior 
21.31 	authorization administrative procedures; and
21.32 	(t) a copy of the agreement between the guaranteeing organization and the health 
21.33 	maintenance organization, as described in section  62D.043, subdivision 6; and 
21.34 	(u) other information as the commissioner of health may reasonably require to be 
21.35 	provided.

22.1 	Sec. 3. Minnesota Statutes 2004, section 62D.30, subdivision 8, is amended to read:
22.2 		Subd. 8.Rural demonstration project. (a) The commissioner may permit 
22.3 	demonstration projects to allow health maintenance organizations to extend coverage to a 
22.4 	health improvement and purchasing coalition located in rural Minnesota, comprised of 
22.5 	the health maintenance organization and members from a geographic area. For purposes 
22.6 	of this subdivision, rural is defined as greater Minnesota excluding the seven-county 
22.7 	metropolitan area of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
22.8 	The coalition must be designed in such a way that members will:
22.9 	(1) become better informed about health care trends and cost increases;
22.10 	(2) be actively engaged in the design of health benefit options that will meet the 
22.11 	needs of their community;
22.12 	(3) pool their insurance risk;
22.13 	(4) purchase these products from the health maintenance organization involved in 
22.14 	the demonstration project; and
22.15 	(5) actively participate in health improvement decisions for their community.
22.16 	(b) The commissioner must consider the following when approving applications 
22.17 	for rural demonstration projects:
22.18 	(1) the extent of consumer involvement in development of the project;
22.19 	(2) the degree to which the project is likely to reduce the number of uninsured or to 
22.20 	maintain existing coverage; and
22.21 	(3) a plan to evaluate and report to the commissioner and legislature as prescribed by 
22.22 	paragraph (e).
22.23 	(c) For purposes of this subdivision, the commissioner must waive compliance with 
22.24 	the following statutes and rules: the cost-sharing restrictions under section  62D.095, 
22.25 	subdivisions 2, 3, and 4, and Minnesota Rules, part 4685.0801, subparts 1 to 7; for a 
22.26 	period of at least two years, participation in government programs under section  62D.04, 
22.27 	subdivision 5, in the counties of the demonstration project if that compliance would have 
22.28 	been required solely due to participation in the demonstration project and shall continue 
22.29 	to waive this requirement beyond two years if the enrollment in the demonstration 
22.30 	project is less than 10,000 enrollees; small employer marketing under section  62L.05, 
22.31 	subdivisions 1 to 3; and small employer geographic premium variations under section  
22.32 	62L.08, subdivision 4. The commissioner shall approve enrollee cost-sharing features 
22.33 	desired by the coalition that appropriately share costs between employers, individuals, 
22.34 	and the health maintenance organization. 
22.35 	(d) The health maintenance organization may make the starting date of the project 
22.36 	contingent upon a minimum number of enrollees as cited in the application, provide 
23.1 	for an initial term of contract with the purchasers of a minimum of three years, and 
23.2 	impose a reasonable penalty for employers who withdraw early from the project. For 
23.3 	purposes of this subdivision, loss ratios are to be determined as if the policies issued under 
23.4 	this section are considered individual or small employer policies pursuant to section  
23.5 	62A.021, subdivision 1, paragraph (f). The health maintenance organization may consider 
23.6 	businesses of one to be a small employer under section  62L.02, subdivision 26. The 
23.7 	health maintenance organization may limit enrollment and establish enrollment criteria for 
23.8 	businesses of one. Health improvement and purchasing coalitions under this subdivision 
23.9 	are not associations under section  62L.045, subdivision 1, paragraph (a). 
23.10 	(e) The health improvement and purchasing coalition must report to the 
23.11 	commissioner and legislature annually on the progress of the demonstration project and, to 
23.12 	the extent possible, any significant findings in the criteria listed in clauses (1), (2), and (3) 
23.13 	for the final report. The coalition must submit a final report five years from the starting date 
23.14 	of the project. The final report must detail significant findings from the project and must 
23.15 	include, to the extent available, but should not be limited to, information on the following:
23.16 	(1) the extent to which the project had an impact on the number of uninsured 
23.17 	in the project area;
23.18 	(2) the effect on health coverage premiums for groups in the project's geographic 
23.19 	area, including those purchasing health coverage outside the health improvement and 
23.20 	purchasing coalition; and
23.21 	(3) the degree to which health care consumers were involved in the development and 
23.22 	implementation of the demonstration project.
23.23 	(f) The commissioner must limit the number of demonstration projects under this 
23.24 	subdivision to five projects.
23.25 	(g) Approval of the application for the demonstration project is deemed to be 
23.26 	in compliance with sections  62E.03 and section62E.06, subdivisions 1, paragraph (a), 
23.27 	2, and 3. 
23.28 	(h) Subdivisions 2 to 7 apply to demonstration projects under this subdivision. 
23.29 	Waivers permitted under subdivision 1 do not apply to demonstration projects under 
23.30 	this subdivision.
23.31 	(i) If a demonstration project under this subdivision works in conjunction with a 
23.32 	purchasing alliance formed under chapter 62T, that chapter will apply to the purchasing 
23.33 	alliance except to the extent that chapter 62T is inconsistent with this subdivision.

23.34 	Sec. 4. Minnesota Statutes 2004, section 62Q.19, subdivision 2, is amended to read:
24.1 		Subd. 2.Application. (a) Any provider may apply to the commissioner for 
24.2 	designation as an essential community provider by submitting an application form 
24.3 	developed by the commissioner. Except as provided in paragraphs paragraph (d) and (e), 
24.4 	applications must be accepted within two years after the effective date of the rules adopted 
24.5 	by the commissioner to implement this section.
24.6 	(b) Each application submitted must be accompanied by an application fee in an 
24.7 	amount determined by the commissioner. The fee shall be no more than what is needed to 
24.8 	cover the administrative costs of processing the application.
24.9 	(c) The name, address, contact person, and the date by which the commissioner's 
24.10 	decision is expected to be made shall be classified as public data under section  13.41. All 
24.11 	other information contained in the application form shall be classified as private data 
24.12 	under section  13.41 until the application has been approved, approved as modified, or 
24.13 	denied by the commissioner. Once the decision has been made, all information shall be 
24.14 	classified as public data unless the applicant designates and the commissioner determines 
24.15 	that the information contains trade secret information. 
24.16 	(d) The commissioner shall accept an application for designation as an essential 
24.17 	community provider until June 30, 2004, from one applicant that is a nonprofit community 
24.18 	services agency certified as a medical assistance provider that provides mental health, 
24.19 	behavioral health, chemical dependency, employment, and health wellness services to 
24.20 	the underserved Spanish-speaking Latino families and individuals with locations in 
24.21 	Minneapolis and St. Paul.

24.22 	Sec. 5. Minnesota Statutes 2004, section 82.50, subdivision 7, is amended to read:
24.23 		Subd. 7.Interest bearing accounts. Notwithstanding the provisions of sections 
24.24 	82.17,  82.19 to  82.39,  82.41, and  82.42 this chapter, a real estate broker may establish and 
24.25 	maintain interest bearing accounts for the purpose of receiving deposits in accordance 
24.26 	with the provisions of section  504B.178. 

24.27 	Sec. 6. Minnesota Statutes 2004, section 103F.205, subdivision 1, is amended to read:
24.28 		Subdivision 1.Applicability. The definitions in this section apply to sections  
24.29 	103F.201 to  103F.225 103F.221. 

24.30 	Sec. 7. Minnesota Statutes 2004, section 103G.293, is amended to read:
24.31 	103G.293 STATEWIDE DROUGHT PLAN.
24.32 	The commissioner shall establish a plan to respond to drought-related emergencies 
24.33 	and to prepare a statewide framework for drought response. The plan must consider 
25.1 	metropolitan water supply plans of the Metropolitan Council prepared under section  
25.2 	473.156 473.1565. The plan must provide a framework for implementing drought 
25.3 	response actions in a staged approach related to decreasing levels of flows. Permits issued 
25.4 	under section  103G.271 must provide conditions on water appropriation consistent with 
25.5 	the drought response plan established by this section. 

25.6 	Sec. 8. Minnesota Statutes 2004, section 115A.0716, subdivision 3, is amended to read:
25.7 		Subd. 3.Revolving account. All repayments of loans awarded under this 
25.8 	subdivision section, including principal and interest, must be credited to the environmental 
25.9 	fund. Money deposited in the fund under this section is annually appropriated to the 
25.10 	director for loans for purposes identified in subdivisions 1 and 2.

25.11 	Sec. 9. Minnesota Statutes 2005 Supplement, section 116J.575, subdivision 1, is 
25.12 	amended to read:
25.13 		Subdivision 1.Commissioner discretion. The commissioner may make a grant for 
25.14 	up to 50 percent of the eligible costs of a project. The determination of whether to make a 
25.15 	grant for a site is within the discretion of the commissioner, subject to this section and 
25.16 	sections 116J.571 to 116J.574 and available unencumbered money in the redevelopment 
25.17 	account. Notwithstanding section 116J.573, If the commissioner determines that the 
25.18 	applications for grants for projects in greater Minnesota are less than the amount of grant 
25.19 	funds available, the commissioner may make grants for projects anywhere in Minnesota. 
25.20 	The commissioner's decisions and application of the priorities under this section are not 
25.21 	subject to judicial review, except for abuse of discretion.

25.22 	Sec. 10. Minnesota Statutes 2005 Supplement, section 144.225, subdivision 7, is 
25.23 	amended to read:
25.24 		Subd. 7.Certified birth or death record. (a) The state or local registrar shall issue 
25.25 	a certified birth or death record or a statement of no vital record found to an individual 
25.26 	upon the individual's proper completion of an attestation provided by the commissioner:
25.27 	(1) to a person who has a tangible interest in the requested vital record. A person 
25.28 	who has a tangible interest is:
25.29 	(i) the subject of the vital record;
25.30 	(ii) a child of the subject;
25.31 	(iii) the spouse of the subject;
25.32 	(iv) a parent of the subject;
25.33 	(v) the grandparent or grandchild of the subject;
26.1 	(vi) if the requested record is a death record, a sibling of the subject;
26.2 	(vii) the party responsible for filing the vital record;
26.3 	(viii) the legal custodian or guardian or conservator of the subject;
26.4 	(ix) a personal representative, by sworn affidavit of the fact that the certified copy is 
26.5 	required for administration of the estate;
26.6 	(x) a successor of the subject, as defined in section 524.1-201, if the subject is 
26.7 	deceased, by sworn affidavit of the fact that the certified copy is required for administration 
26.8 	of the estate;
26.9 	(xi) if the requested record is a death record, a trustee of a trust by sworn affidavit of 
26.10 	the fact that the certified copy is needed for the proper administration of the trust;
26.11 	(xii) a person or entity who demonstrates that a certified vital record is necessary for 
26.12 	the determination or protection of a personal or property right, pursuant to rules adopted 
26.13 	by the commissioner; or
26.14 	(xiii) adoption agencies in order to complete confidential postadoption searches as 
26.15 	required by section 259.83;
26.16 	(2) to any local, state, or federal governmental agency upon request if the certified 
26.17 	vital record is necessary for the governmental agency to perform its authorized duties. 
26.18 	An authorized governmental agency includes the Department of Human Services, the 
26.19 	Department of Revenue, and the United States Immigration and Naturalization Service;
26.20 	(3) to an attorney upon evidence of the attorney's license;
26.21 	(4) pursuant to a court order issued by a court of competent jurisdiction. For 
26.22 	purposes of this section, a subpoena does not constitute a court order; or
26.23 	(5) to a representative authorized by a person under clauses (1) to (4).
26.24 	(b) The state or local registrar shall also issue a certified death record to an 
26.25 	individual described in paragraph (a), clause (1), items (ii) to (vii) (viii), if, on behalf of 
26.26 	the individual, a licensed mortician furnishes the registrar with a properly completed 
26.27 	attestation in the form provided by the commissioner within 180 days of the time of 
26.28 	death of the subject of the death record. This paragraph is not subject to the requirements 
26.29 	specified in Minnesota Rules, part 4601.2600, subpart 5, item B.

26.30 	Sec. 11. Minnesota Statutes 2005 Supplement, section 144.335, subdivision 1, is 
26.31 	amended to read:
26.32 		Subdivision 1.Definitions. For the purposes of this section, the following terms 
26.33 	have the meanings given them:
26.34 	(a) "Patient" means a natural person who has received health care services from a 
26.35 	provider for treatment or examination of a medical, psychiatric, or mental condition, the 
27.1 	surviving spouse and parents of a deceased patient, or a person the patient appoints in 
27.2 	writing as a representative, including a health care agent acting pursuant to chapter 145C, 
27.3 	unless the authority of the agent has been limited by the principal in the principal's health 
27.4 	care directive. Except for minors who have received health care services pursuant to 
27.5 	sections 144.341 to 144.347, in the case of a minor, patient includes a parent or guardian, 
27.6 	or a person acting as a parent or guardian in the absence of a parent or guardian.
27.7 	(b) "Provider" means (1) any person who furnishes health care services and is 
27.8 	regulated to furnish the services pursuant to chapter 147, 147A, 147B, 147C, 147D, 148, 
27.9 	148B, 148C, 148D, 150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a 
27.10 	home care provider licensed under section 144A.46; (3) a health care facility licensed 
27.11 	pursuant to this chapter or chapter 144A; (4) a physician assistant registered under chapter 
27.12 	147A; and (5) an unlicensed mental health practitioner regulated pursuant to sections 
27.13 	148B.60 to 148B.71.
27.14 	(c) "Individually identifiable form" means a form in which the patient is or can be 
27.15 	identified as the subject of the health records.

27.16 	Sec. 12. Minnesota Statutes 2005 Supplement, section 144.602, subdivision 1, is 
27.17 	amended to read:
27.18 		Subdivision 1.Applicability. For purposes of sections 144.601 144.602 to 144.608, 
27.19 	the terms defined in this section have the meanings given them.

27.20 	Sec. 13. Minnesota Statutes 2004, section 145A.09, subdivision 4, is amended to read:
27.21 		Subd. 4.Cities. A city that received a subsidy under section  145A.13 and that 
27.22 	meets the requirements of sections  145A.09 to  145A.131 is eligible for a local public 
27.23 	health grant under section  145A.131. 

27.24 	Sec. 14. Minnesota Statutes 2005 Supplement, section 148B.60, subdivision 3, is 
27.25 	amended to read:
27.26 		Subd. 3.Unlicensed mental health practitioner or practitioner. "Unlicensed 
27.27 	mental health practitioner" or "practitioner" means a person who provides or purports to 
27.28 	provide, for remuneration, mental health services as defined in subdivision 4. It does not 
27.29 	include persons licensed by the Board of Medical Practice under chapter 147 or registered 
27.30 	by the Board of Medical Practice under chapter 147A; the Board of Nursing under sections 
27.31 	148.171 to 148.285; the Board of Psychology under sections 148.88 to 148.98; the Board 
27.32 	of Social Work under sections 148B.18 to 148B.289 chapter 148D; the Board of Marriage 
27.33 	and Family Therapy under sections 148B.29 to 148B.39; the Board of Behavioral Health 
28.1 	and Therapy under sections 148B.50 to 148B.593 and chapter 148C; or another licensing 
28.2 	board if the person is practicing within the scope of the license; members of the clergy 
28.3 	who are providing pastoral services in the context of performing and fulfilling the salaried 
28.4 	duties and obligations required of a member of the clergy by a religious congregation; 
28.5 	American Indian medicine men and women; licensed attorneys; probation officers; school 
28.6 	counselors employed by a school district while acting within the scope of employment 
28.7 	as school counselors; licensed occupational therapists; or licensed occupational therapy 
28.8 	assistants. For the purposes of complaint investigation or disciplinary action relating to an 
28.9 	individual practitioner, the term includes:
28.10 	(1) persons employed by a program licensed by the commissioner of human services 
28.11 	who are acting as mental health practitioners within the scope of their employment;
28.12 	(2) persons employed by a program licensed by the commissioner of human services 
28.13 	who are providing chemical dependency counseling services; persons who are providing 
28.14 	chemical dependency counseling services in private practice; and
28.15 	(3) clergy who are providing mental health services that are equivalent to those 
28.16 	defined in subdivision 4.

28.17 	Sec. 15. Minnesota Statutes 2005 Supplement, section 148D.240, subdivision 5, 
28.18 	is amended to read:
28.19 		Subd. 5.Failure to report other applicants or licensees and unlicensed practice.
 28.20 	The board has grounds to take action under sections 148D.255 to 148.270 148D.270 when 
28.21 	an applicant or licensee fails to report to the board conduct:
28.22 	(1) by another licensee or applicant which the applicant or licensee has reason to 
28.23 	believe may reasonably constitute grounds for disciplinary action under this section; or
28.24 	(2) by an unlicensed person that constitutes the practice of social work when a 
28.25 	license is required to practice social work.

28.26 	Sec. 16. Minnesota Statutes 2005 Supplement, section 237.763, is amended to read:
28.27 	237.763 EXEMPTION FROM EARNINGS REGULATION AND 
28.28 	INVESTIGATION.
28.29 	Except as provided in the plan and any subsequent plans, a company that has 
28.30 	an alternative regulation plan approved under section 237.764, is not subject to the 
28.31 	rate-of-return regulation or earnings investigations provisions of section 237.075 or 
28.32 	237.081 during the term of the plan. A company with an approved plan is not subject 
28.33 	to the provisions of section 237.57; 237.59; or 237.60, subdivisions 1, 2, 4, and 5; or 
28.34 	237.65, during the term of the plan. Except as specifically provided in this section or 
29.1 	in the approved plan, the commission retains all of its authority under section 237.081
29.2 	to investigate other matters and to issue appropriate orders, and the department retains 
29.3 	its authority under sections 216A.07 and 237.15 to investigate matters other than the 
29.4 	earnings of the company.

29.5 	Sec. 17. Minnesota Statutes 2005 Supplement, section 245C.15, subdivision 3, is 
29.6 	amended to read:
29.7 		Subd. 3.Ten-year disqualification. (a) An individual is disqualified under section 
29.8 	245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, 
29.9 	if any, for the offense; and (2) the individual has committed a gross misdemeanor-level 
29.10 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
29.11 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 
29.12 	paragraph (c) (federal Food Stamp Program fraud); 609.224 (assault in the fifth degree); 
29.13 	609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a 
29.14 	vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of 
29.15 	persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal 
29.16 	abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
29.17 	(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a 
29.18 	vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 
29.19 	1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 
29.20 	609.3451 (criminal sexual conduct in the fifth degree); 609.377 (malicious punishment of a 
29.21 	child); 609.378 (neglect or endangerment of a child); 609.446 609.466 (medical assistance 
29.22 	fraud); 609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity 
29.23 	theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 
29.24 	609.582 (burglary); 609.611 (insurance fraud); 609.631 (check forgery; offering a forged 
29.25 	check); 609.66 (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly 
29.26 	conduct against a vulnerable adult); repeat offenses under 609.746 (interference with 
29.27 	privacy); 609.749, subdivision 2 (harassment; stalking); repeat offenses under 617.23
29.28 	(indecent exposure); 617.241 (obscene materials and performances); 617.243 (indecent 
29.29 	literature, distribution); 617.293 (harmful materials; dissemination and display to minors 
29.30 	prohibited); or violation of an order for protection under section 518B.01, subdivision 14.
29.31 	(b) An individual is disqualified under section 245C.14 if less than ten years has 
29.32 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
29.33 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
29.34 	Statutes.
30.1 	(c) An individual is disqualified under section 245C.14 if less than ten years has 
30.2 	passed since the discharge of the sentence imposed for an offense in any other state or 
30.3 	country, the elements of which are substantially similar to the elements of any of the 
30.4 	offenses listed in paragraph (a).
30.5 	(d) If the defendant is convicted of one of the gross misdemeanors listed in 
30.6 	paragraph (a), but the sentence is a misdemeanor disposition, the individual is disqualified 
30.7 	but the disqualification lookback period for the conviction is the period applicable to 
30.8 	misdemeanors.
30.9 	(e) When a disqualification is based on a judicial determination other than a 
30.10 	conviction, the disqualification period begins from the date of the court order. When a 
30.11 	disqualification is based on an admission, the disqualification period begins from the date 
30.12 	of an admission in court. When a disqualification is based on a preponderance of evidence 
30.13 	of a disqualifying act, the disqualification date begins from the date of the dismissal, the 
30.14 	date of discharge of the sentence imposed for a conviction for a disqualifying crime of 
30.15 	similar elements, or the date of the incident, whichever occurs last.

30.16 	Sec. 18. Minnesota Statutes 2004, section 256.9831, subdivision 1, is amended to read:
30.17 		Subdivision 1.Definition. For purposes of this section, "gambling establishment" 
30.18 	means a bingo hall licensed under section  349.164, a racetrack licensed under section  
30.19 	240.06 or  240.09, a casino operated under a tribal-state compact under section  3.9221, 
30.20 	or any other establishment that receives at least 50 percent of its gross revenue from 
30.21 	the conduct of gambling. 

30.22 	Sec. 19. Minnesota Statutes 2004, section 256B.0917, subdivision 13, is amended to 
30.23 	read:
30.24 		Subd. 13.Community service grants. The commissioner shall award contracts 
30.25 	for grants to public and private nonprofit agencies to establish services that strengthen 
30.26 	a community's ability to provide a system of home and community-based services 
30.27 	for elderly persons. The commissioner shall use a request for proposal process. The 
30.28 	commissioner shall give preference when awarding grants under this section to areas 
30.29 	where nursing facility closures have occurred or are occurring. The commissioner shall 
30.30 	consider grants for:
30.31 	(1) caregiver support and respite care projects under subdivision 6;
30.32 	(2) on-site coordination under section  256.9731;
30.33 	(3) (2) the living-at-home/block nurse grant under subdivisions 7 to 10; and
30.34 	(4) (3) services identified as needed for community transition.

31.1 	Sec. 20. Minnesota Statutes 2004, section 256B.093, subdivision 3a, is amended to 
31.2 	read:
31.3 		Subd. 3a.Traumatic brain injury case management services. The annual 
31.4 	appropriation established under section  171.29, subdivision 2, paragraph (b), clause (5)
31.5 	 (c), shall be used for traumatic brain injury program services that include, but are not 
31.6 	limited to: 
31.7 	(1) collaborating with counties, providers, and other public and private organizations 
31.8 	to expand and strengthen local capacity for delivering needed services and supports, 
31.9 	including efforts to increase access to supportive residential housing options;
31.10 	(2) participating in planning and accessing services not otherwise covered in 
31.11 	subdivision 3 to allow individuals to attain and maintain community-based services;
31.12 	(3) providing information, referral, and case consultation to access health and human 
31.13 	services for persons with traumatic brain injury not eligible for medical assistance, though 
31.14 	direct access to this assistance may be limited due to the structure of the program; and
31.15 	(4) collaborating on injury prevention efforts.

31.16 	Sec. 21. Minnesota Statutes 2005 Supplement, section 256B.441, subdivision 13, 
31.17 	is amended to read:
31.18 		Subd. 13.External fixed costs category. "External fixed costs category" means 
31.19 	costs related to the nursing home surcharge under section 256.9657, subdivision 1; 
31.20 	licensure fees under section 144.122; long-term care consultation fees under section 
31.21 	256B.0911, subdivision 6; family advisory council fee under section 144A.35 144A.33; 
31.22 	scholarships under section 256B.431, subdivision 36; planned closure rate adjustments 
31.23 	under section 256B.437; property taxes and property insurance; and PERA.

31.24 	Sec. 22. Minnesota Statutes 2004, section 256J.88, is amended to read:
31.25 	256J.88 CHILD ONLY TANF PROGRAM.
31.26 	Children who receive assistance under this chapter, in which the assistance unit 
31.27 	does not include a caregiver, but only includes a minor child, shall become part of the 
31.28 	program established under this section chapter.

31.29 	Sec. 23. Minnesota Statutes 2004, section 273.03, subdivision 3, is amended to read:
31.30 		Subd. 3.Applicability of other laws. All laws or parts of laws, now or hereafter 
31.31 	effective, not inconsistent with this section and sections  273.17,  274.04,  274.05,275.28, 
31.32 	and  276.01, as amended, shall continue in full force and effect. 

32.1 	Sec. 24. Minnesota Statutes 2004, section 273.111, subdivision 3, is amended to read:
32.2 		Subd. 3.Requirements. (a) Real estate consisting of ten acres or more or a nursery 
32.3 	or greenhouse, and qualifying for classification as class 1b, 2a, or 2b under section  273.13, 
32.4 	subdivision 23, paragraph (d), shall be entitled to valuation and tax deferment under this 
32.5 	section only if it is primarily devoted to agricultural use, and meets the qualifications in 
32.6 	subdivision 6, and either: 
32.7 	(1) is the homestead of the owner, or of a surviving spouse, child, or sibling of the 
32.8 	owner or is real estate which is farmed with the real estate which contains the homestead 
32.9 	property; or
32.10 	(2) has been in possession of the applicant, the applicant's spouse, parent, or sibling, 
32.11 	or any combination thereof, for a period of at least seven years prior to application for 
32.12 	benefits under the provisions of this section, or is real estate which is farmed with the 
32.13 	real estate which qualifies under this clause and is within four townships or cities or 
32.14 	combination thereof from the qualifying real estate; or
32.15 	(3) is the homestead of a shareholder in a family farm corporation as defined in 
32.16 	section  500.24, notwithstanding the fact that legal title to the real estate may be held in the 
32.17 	name of the family farm corporation; or 
32.18 	(4) is in the possession of a nursery or greenhouse or an entity owned by a proprietor, 
32.19 	partnership, or corporation which also owns the nursery or greenhouse operations on 
32.20 	the parcel or parcels.
32.21 	(b) Valuation of real estate under this section is limited to parcels the ownership of 
32.22 	which is in noncorporate entities except for:
32.23 	(1) family farm corporations organized pursuant to section  500.24; and 
32.24 	(2) corporations that derive 80 percent or more of their gross receipts from the 
32.25 	wholesale or retail sale of horticultural or nursery stock.
32.26 	Corporate entities who previously qualified for tax deferment pursuant to this section 
32.27 	and who continue to otherwise qualify under subdivisions 3 and 6 for a period of at least 
32.28 	three years following the effective date of Laws 1983, chapter 222, section 8, will not be 
32.29 	required to make payment of the previously deferred taxes, notwithstanding the provisions 
32.30 	of subdivision 9. Special assessments are payable at the end of the three-year period 
32.31 	or at time of sale, whichever comes first.
32.32 	(c) Land that previously qualified for tax deferment under this section and no longer 
32.33 	qualifies because it is not primarily used for agricultural purposes but would otherwise 
32.34 	qualify under subdivisions 3 and 6 for a period of at least three years will not be required 
32.35 	to make payment of the previously deferred taxes, notwithstanding the provisions of 
32.36 	subdivision 9. Sale of the land prior to the expiration of the three-year period requires 
33.1 	payment of deferred taxes as follows: sale in the year the land no longer qualifies requires 
33.2 	payment of the current year's deferred taxes plus payment of deferred taxes for the two 
33.3 	prior years; sale during the second year the land no longer qualifies requires payment 
33.4 	of the current year's deferred taxes plus payment of the deferred taxes for the prior 
33.5 	year; and sale during the third year the land no longer qualifies requires payment of the 
33.6 	current year's deferred taxes. Deferred taxes shall be paid even if the land qualifies 
33.7 	pursuant to subdivision 11a. When such property is sold or no longer qualifies under this 
33.8 	paragraph, or at the end of the three-year period, whichever comes first, all deferred 
33.9 	special assessments plus interest are payable in equal installments spread over the time 
33.10 	remaining until the last maturity date of the bonds issued to finance the improvement 
33.11 	for which the assessments were levied. If the bonds have matured, the deferred special 
33.12 	assessments plus interest are payable within 90 days. The provisions of section  429.061, 
33.13 	subdivision 2, apply to the collection of these installments. Penalties are not imposed on 
33.14 	any such special assessments if timely paid. 

33.15 	Sec. 25. Minnesota Statutes 2005 Supplement, section 289A.42, subdivision 1, is 
33.16 	amended to read:
33.17 		Subdivision 1.Extension agreement. If before the expiration of time prescribed in 
33.18 	sections 270C.58, subdivision 13 3, 289A.38, and 289A.40 for the assessment of tax or 
33.19 	the filing of a claim for refund, both the commissioner and the taxpayer have consented in 
33.20 	writing to the assessment or filing of a claim for refund after that time, the tax may be 
33.21 	assessed or the claim for refund filed at any time before the expiration of the agreed upon 
33.22 	period. The period may be extended by later agreements in writing before the expiration 
33.23 	of the period previously agreed upon. The taxpayer and the commissioner may also agree 
33.24 	to extend the period for collection of the tax.

33.25 	Sec. 26. Minnesota Statutes 2004, section 290.48, subdivision 10, is amended to read:
33.26 		Subd. 10.Presumptions where owner of large amount of cash is not identified.
 33.27 	(a) If the individual who is in physical possession of cash in excess of $10,000 does 
33.28 	not claim such cash, or does not claim it belongs to another person whose identity the 
33.29 	commissioner can readily ascertain and who acknowledges ownership of such cash, then, 
33.30 	for purposes of subdivisions 3 and 4 section 270C.36, it shall be presumed that the cash 
33.31 	represents gross income of a single individual for the taxable year in which the possession 
33.32 	occurs, and that the collection of tax will be jeopardized by delay.
33.33 	(b) In the case of any assessment resulting from the application of clause (a), the 
33.34 	entire amount of the cash shall be treated as taxable income for the taxable year in which 
34.1 	the possession occurs, such income shall be treated as taxable at an eight percent rate, and 
34.2 	except as provided in clause (c), the possessor of the cash shall be treated (solely with 
34.3 	respect to the cash) as the taxpayer for purposes of this chapter and the assessment and 
34.4 	collection of the tax.
34.5 	(c) If, after an assessment resulting from the application of clause (a), the assessment 
34.6 	is abated and replaced by an assessment against the owner of the cash, the later assessment 
34.7 	shall be treated for purposes of all laws relating to lien, levy, and collection as relating 
34.8 	back to the date of the original assessment.
34.9 	(d) For purposes of this subdivision, the definitions contained in section 6867 of the 
34.10 	Internal Revenue Code shall apply.

34.11 	Sec. 27. Minnesota Statutes 2004, section 295.50, subdivision 10b, is amended to read:
34.12 		Subd. 10b.Regional treatment center. "Regional treatment center" means a 
34.13 	regional center as defined in section  253B.02, subdivision 18, and named in sections  
34.14 	252.025, subdivision 1;253.015, subdivision 1;  253.201;, and  254.05. 

34.15 	Sec. 28. Minnesota Statutes 2005 Supplement, section 296A.22, subdivision 9, is 
34.16 	amended to read:
34.17 		Subd. 9.Abatement of penalty. (a) The commissioner may by written order 
34.18 	abate any penalty imposed under this section, if in the commissioner's opinion there is 
34.19 	reasonable cause to do so.
34.20 	(b) A request for abatement of penalty must be filed with the commissioner within 
34.21 	60 days of the date the notice stating that a penalty has been imposed was mailed to the 
34.22 	taxpayer's last known address.
34.23 	(c) If the commissioner issues an order denying a request for abatement of penalty, 
34.24 	the taxpayer may file an administrative appeal as provided in section 296A.25 270C.35 or 
34.25 	appeal to Tax Court as provided in section 271.06. If the commissioner does not issue an 
34.26 	order on the abatement request within 60 days from the date the request is received, the 
34.27 	taxpayer may appeal to Tax Court as provided in section 271.06.

34.28 	Sec. 29. Minnesota Statutes 2004, section 297E.01, subdivision 8, is amended to read:
34.29 		Subd. 8.Gross receipts. "Gross receipts" means all receipts derived from lawful 
34.30 	gambling activity including, but not limited to, the following items:
34.31 	(1) gross sales of bingo hard cards and paper sheets before reduction for prizes, 
34.32 	expenses, shortages, free plays, or any other charges or offsets;
35.1 	(2) the ideal gross of pull-tab and tipboard deals or games less the value of unsold 
35.2 	and defective tickets and before reduction for prizes, expenses, shortages, free plays, 
35.3 	or any other charges or offsets;
35.4 	(3) gross sales of raffle tickets and paddle tickets before reduction for prizes, 
35.5 	expenses, shortages, free plays, or any other charges or offsets;
35.6 	(4) admission, commission, cover, or other charges imposed on participants in 
35.7 	lawful gambling activity as a condition for or cost of participation; and
35.8 	(5) interest, dividends, annuities, profit from transactions, or other income derived 
35.9 	from the accumulation or use of gambling proceeds.
35.10 	Gross receipts does not include proceeds from rental under section  349.164 or
35.11 	349.18, subdivision 3. 

35.12 	Sec. 30. Minnesota Statutes 2004, section 299A.80, subdivision 1, is amended to read:
35.13 		Subdivision 1.Definitions. (a) For purposes of sections  299A.80 to  299A.802, the 
35.14 	terms defined in this subdivision have the meanings given them. 
35.15 	(b) "Administrative agent" means a person or entity licensed by or granted authority 
35.16 	by the commissioner of public safety under:
35.17 	(1) section  168.33 as a deputy registrar; or
35.18 	(2) section  168C.11 as a deputy registrar of bicycles; or 
35.19 	(3) section  171.061 as a driver's license agent. 
35.20 	(c) "Other authority" means licenses, orders, stipulation agreements, settlements, or 
35.21 	compliance agreements adopted or issued by the commissioner of public safety.
35.22 	(d) "Commissioner" means the commissioner of public safety.
35.23 	(e) "License" means a license, permit, registration, appointment, or certificate issued 
35.24 	or granted to an administrative agent by the commissioner of public safety.

35.25 	Sec. 31. Minnesota Statutes 2004, section 349.12, subdivision 21, is amended to read:
35.26 		Subd. 21.Gross receipts. "Gross receipts" means all receipts derived from lawful 
35.27 	gambling activity including, but not limited to, the following items:
35.28 	(1) gross sales of bingo hard cards and paper sheets before reduction for prizes, 
35.29 	expenses, shortages, free plays, or any other charges or offsets;
35.30 	(2) the ideal gross of pull-tab and tipboard deals or games less the value of unsold 
35.31 	and defective tickets and before reduction for prizes, expenses, shortages, free plays, 
35.32 	or any other charges or offsets;
35.33 	(3) gross sales of raffle tickets and paddletickets before reduction for prizes, 
35.34 	expenses, shortages, free plays, or any other charges or offsets;
36.1 	(4) admission, commission, cover, or other charges imposed on participants in 
36.2 	lawful gambling activity as a condition for or cost of participation; and
36.3 	(5) interest, dividends, annuities, profit from transactions, or other income derived 
36.4 	from the accumulation or use of gambling proceeds.
36.5 	Gross receipts does not include proceeds from rental under section  349.164 or
36.6 	349.18, subdivision 3. 

36.7 	Sec. 32. Minnesota Statutes 2005 Supplement, section 349.153, is amended to read:
36.8 	349.153 CONFLICT OF INTEREST.
36.9 	(a) A person may not serve on the board, be the director, or be an employee of the 
36.10 	board who has an interest in any corporation, association, limited liability company, or 
36.11 	partnership that is licensed by the board as a distributor, or manufacturer, or linked bingo 
36.12 	game provider under section 349.164.
36.13 	(b) A member of the board, the director, or an employee of the board may not 
36.14 	accept employment with, receive compensation directly or indirectly from, or enter into a 
36.15 	contractual relationship with an organization that conducts lawful gambling, a distributor, 
36.16 	a linked bingo game provider, or a manufacturer while employed with or a member of the 
36.17 	board or within one year after terminating employment with or leaving the board.
36.18 	(c) A distributor, manufacturer, linked bingo game provider, or organization licensed 
36.19 	to conduct lawful gambling may not hire a former employee, director, or member of 
36.20 	the Gambling Control Board for one year after the employee, director, or member has 
36.21 	terminated employment with or left the Gambling Control Board.

36.22 	Sec. 33. Minnesota Statutes 2004, section 353.27, subdivision 9, is amended to read:
36.23 		Subd. 9.Fee officers; contributions; obligations of employers. Any appointed 
36.24 	or elected officer of a governmental subdivision who was or is a "public employee" 
36.25 	within the meaning of section   353.01 and was or is a member of the fund and whose 
36.26 	salary was or is paid in whole or in part from revenue derived by fees and assessments, 
36.27 	shall pay employee contribution in the amount, at the time, and in the manner provided 
36.28 	in subdivisions 2 and 4. This subdivision shall not apply to district court reporters. 
36.29 	The employer contribution as provided in subdivision 3, and the additional employer 
36.30 	contribution as provided in subdivision 3a, and section   353.36, subdivision 2a, with 
36.31 	respect to such service shall be paid by the governmental subdivision. This subdivision 
36.32 	shall have both retroactive and prospective application as to all such members; and every 
36.33 	employing governmental subdivision is deemed liable, retroactively and prospectively, for 
37.1 	all employer and additional employer contributions for every such member in its employ. 
37.2 	Delinquencies under this section shall be governed in all respects by section   353.28. 

37.3 	Sec. 34. Minnesota Statutes 2004, section 353.33, subdivision 1, is amended to read:
37.4 		Subdivision 1.Age, service, and salary requirements. A coordinated member 
37.5 	who has at least three years of allowable service and becomes totally and permanently 
37.6 	disabled before normal retirement age, and a basic member who has at least three years 
37.7 	of allowable service and who becomes totally and permanently disabled is entitled to a 
37.8 	disability benefit in an amount under subdivision 3. If the disabled person's public service 
37.9 	has terminated at any time, at least two of the required three years of allowable service 
37.10 	must have been rendered after last becoming a member. A repayment of a refund must be 
37.11 	made within six months after the effective date of disability benefits under subdivision 2 
37.12 	or within six months after the date of the filing of the disability application, whichever is 
37.13 	later. No purchase of prior service or payment made in lieu of salary deductions otherwise 
37.14 	authorized under section  353.01, subdivision 16,  or 353.017, subdivision 4, or  353.36, 
37.15 	subdivision 2, may be made after the occurrence of the disability for which an application 
37.16 	under this section is filed. 

37.17 	Sec. 35. Minnesota Statutes 2004, section 353.656, subdivision 8, is amended to read:
37.18 		Subd. 8.Application procedure to determine eligibility for police and fire plan 
37.19 	disability benefits. (a) An application for disability benefits must be made in writing on a 
37.20 	form or forms prescribed by the executive director.
37.21 	(b) If an application for disability benefits is filed within two years of the date of the 
37.22 	injury or the onset of the illness that gave rise to the disability application, the application 
37.23 	must be supported by evidence that the applicant is unable to perform the duties of the 
37.24 	position held by the applicant on the date of the injury or the onset of the illness causing 
37.25 	the disability. The employer must provide evidence indicating whether the applicant is 
37.26 	able or unable to perform the duties of the position held on the date of the injury or onset 
37.27 	of illness causing the disability and the specifications of any duties that the individual can 
37.28 	or cannot perform.
37.29 	(c) If an application for disability benefits is filed more than two years after the date 
37.30 	of the injury or the onset of an illness causing the disability, the application must be 
37.31 	supported by evidence that the applicant is unable to perform the most recent duties that 
37.32 	are expected to be performed by the applicant during the 90 days before the filing of the 
37.33 	application. The employer must provide evidence of the duties that are expected to be 
37.34 	performed by the applicant during the 90 days before the filing of the application, whether 
38.1 	the applicant can or cannot perform those duties overall, and the specifications of any 
38.2 	duties that the applicant can or cannot perform.
38.3 	(d) Unless otherwise permitted by law, no application for disability benefits can be 
38.4 	filed by a former member of the police and fire plan more than three years after the former 
38.5 	member has terminated from Public Employees Retirement Association police and fire 
38.6 	plan covered employment. If an application is filed within three years after the termination 
38.7 	of public employment, the former member must provide evidence that the disability is the 
38.8 	direct result of an injury or the contracting of an illness that occurred while the person was 
38.9 	still actively employed and participating in the police and fire plan.
38.10 	(e) Any application for duty-related disability must be supported by a first report of 
38.11 	injury as defined in section  176.231. 
38.12 	(f) If a member who has applied for and been approved for disability benefits before 
38.13 	the termination of service does not terminate service or is not placed on an authorized 
38.14 	leave of absence as certified by the governmental subdivision within 45 days following 
38.15 	the date on which the application is approved, the application shall be canceled. If an 
38.16 	approved application for disability benefits has been canceled, a subsequent application 
38.17 	for disability benefits may not be filed on the basis of the same medical condition for a 
38.18 	minimum of one year from the date on which the previous application was canceled.
38.19 	(g) An applicant may file a retirement application under section  353.29, subdivision 
38.20 	4, at the same time as the disability application is filed. If the disability application is 
38.21 	approved, the retirement application is canceled. If the disability application is denied, the 
38.22 	retirement application must be initiated and processed upon the request of the applicant. A 
38.23 	police and fire fund member may not receive a disability benefit and a retirement annuity 
38.24 	from the police and fire fund at the same time. 
38.25 	(h) A repayment of a refund must be made within six months after the effective date 
38.26 	of disability benefits or within six months after the date of the filing of the disability 
38.27 	application, whichever is later. No purchase of prior service or payment made in lieu of 
38.28 	salary deductions otherwise authorized under section  353.01or  353.36, subdivision 2,
38.29 	may be made after the occurrence of the disability for which an application is filed 
38.30 	under this section. 

38.31 	Sec. 36. Minnesota Statutes 2004, section 354.05, subdivision 13, is amended to read:
38.32 		Subd. 13.Allowable service. "Allowable service" means:
38.33 	(1) Any service rendered by a teacher for which on or before July 1, 1957, the 
38.34 	teacher's account in the retirement fund was credited by reason of employee contributions 
38.35 	in the form of salary deductions, payments in lieu of salary deductions, or in any other 
39.1 	manner authorized by Minnesota Statutes 1953, sections  135.01 to  135.13, as amended by 
39.2 	Laws 1955, chapters 361, 549, 550, 611, or 
39.3 	(2) Any service rendered by a teacher for which on or before July 1, 1961, the 
39.4 	teacher elected to obtain credit for service by making payments to the fund pursuant to 
39.5 	Minnesota Statutes 1980, section  354.09 and section  354.51, or 
39.6 	(3) Any service rendered by a teacher after July 1, 1957, for any calendar month 
39.7 	when the member receives salary from which deductions are made, deposited and credited 
39.8 	in the fund, or
39.9 	(4) Any service rendered by a person after July 1, 1957, for any calendar month 
39.10 	where payments in lieu of salary deductions are made, deposited and credited into the 
39.11 	fund as provided in Minnesota Statutes 1980, section  354.09, subdivision 4, and section  
39.12 	354.53, or 
39.13 	(5) Any service rendered by a teacher for which the teacher elected to obtain 
39.14 	credit for service by making payments to the fund pursuant to Minnesota Statutes 1980, 
39.15 	section  354.09, subdivisions 1 and 4, sections  354.50,  354.51, Minnesota Statutes 1957, 
39.16 	section  135.41, subdivision 4, Minnesota Statutes 1971, section  354.09, subdivision 2, or 
39.17 	Minnesota Statutes, 1973 Supplement, section  354.09, subdivision 3, or 
39.18 	(6) Both service during years of actual membership in the course of which 
39.19 	contributions were currently made and service in years during which the teacher was not a 
39.20 	member but for which the teacher later elected to obtain credit by making payments to the 
39.21 	fund as permitted by any law then in effect, or
39.22 	(7) Any service rendered where contributions were made and no allowable service 
39.23 	credit was established because of the limitations contained in Minnesota Statutes 1957, 
39.24 	section  135.09, subdivision 2, as determined by the ratio between the amounts of money 
39.25 	credited to the teacher's account in a fiscal year and the maximum retirement contribution 
39.26 	allowable for that year, or 
39.27 	(8) MS 2002 (Expired)
39.28 	(9) A period of time during which a teacher who is a state employee was on strike 
39.29 	without pay, not to exceed a period of one year, if the teacher makes a payment in lieu of 
39.30 	salary deductions or makes a prior service credit purchase payment, whichever applies. If 
39.31 	the payment is made within 12 months, the payment by the teacher must be an amount 
39.32 	equal to the employee and employer contribution rates set forth in section  354.42, 
39.33 	subdivisions 2 and 3, applied to the teacher's rate of salary in effect on the conclusion of 
39.34 	the strike for the period of the strike without pay, plus compound interest at a monthly rate 
39.35 	of 0.71 percent from the last day of the strike until the date of payment. If the payment by 
40.1 	the employee is not made within 12 months, the payment must be in an amount equal to 
40.2 	the payment amount determined under section  356.55 or356.551, whichever applies. 

40.3 	Sec. 37. Minnesota Statutes 2005 Supplement, section 357.021, subdivision 1a, 
40.4 	is amended to read:
40.5 		Subd. 1a.Transmittal of fees to commissioner of finance. (a) Every person, 
40.6 	including the state of Minnesota and all bodies politic and corporate, who shall transact 
40.7 	any business in the district court, shall pay to the court administrator of said court the 
40.8 	sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court 
40.9 	administrator shall transmit the fees monthly to the commissioner of finance for deposit in 
40.10 	the state treasury and credit to the general fund. $30 of each fee collected in a dissolution 
40.11 	action under subdivision 2, clause (1), must be deposited by the commissioner of finance 
40.12 	in the special revenue fund and is appropriated to the commissioner of employment and 
40.13 	economic development for the displaced homemaker program under section 116L.96.
40.14 	(b) In a county which has a screener-collector position, fees paid by a county 
40.15 	pursuant to this subdivision shall be transmitted monthly to the county treasurer, who 
40.16 	shall apply the fees first to reimburse the county for the amount of the salary paid for the 
40.17 	screener-collector position. The balance of the fees collected shall then be forwarded to 
40.18 	the commissioner of finance for deposit in the state treasury and credited to the general 
40.19 	fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph 
40.20 	(b), which has a screener-collector position, the fees paid by a county shall be transmitted 
40.21 	monthly to the commissioner of finance for deposit in the state treasury and credited to the 
40.22 	general fund. A screener-collector position for purposes of this paragraph is an employee 
40.23 	whose function is to increase the collection of fines and to review the incomes of potential 
40.24 	clients of the public defender, in order to verify eligibility for that service.
40.25 	(c) No fee is required under this section from the public authority or the party the 
40.26 	public authority represents in an action for:
40.27 	(1) child support enforcement or modification, medical assistance enforcement, or 
40.28 	establishment of parentage in the district court, or in a proceeding under section 484.702;
40.29 	(2) civil commitment under chapter 253B;
40.30 	(3) the appointment of a public conservator or public guardian or any other action 
40.31 	under chapters 252A and 525;
40.32 	(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or 
40.33 	recovery of overpayments of public assistance;
40.34 	(5) court relief under chapter 260 chapters 260, 260A, 260B, and 260C;
40.35 	(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
41.1 	(7) recovery of amounts issued by political subdivisions or public institutions under 
41.2 	sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 
41.3 	260B.331, and 260C.331, or other sections referring to other forms of public assistance;
41.4 	(8) restitution under section 611A.04; or
41.5 	(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14, 
41.6 	subdivision 5.
41.7 	(d) $20 from each fee collected for child support modifications under subdivision 2, 
41.8 	clause (13), must be transmitted to the county treasurer for deposit in the county general 
41.9 	fund and $35 from each fee shall be credited to the state general fund. The fees must be 
41.10 	used by the county to pay for child support enforcement efforts by county attorneys.

41.11 	Sec. 38. Minnesota Statutes 2004, section 581.02, is amended to read:
41.12 	581.02 APPLICATION, CERTAIN SECTIONS.
41.13 	The provisions of sections  580.08,  580.09,  580.12,  580.16, 580.22,  580.25, and  
41.14 	580.27, so far as they relate to the form of the certificate of sale, shall apply to and govern 
41.15 	the foreclosure of mortgages by action. 

41.16 	Sec. 39. Minnesota Statutes 2005 Supplement, section 604A.33, subdivision 1, is 
41.17 	amended to read:
41.18 		Subdivision 1.Application. This section applies to residential treatment programs 
41.19 	for children or group homes for children licensed under chapter 245A, residential services 
41.20 	and programs for juveniles licensed under section 241.021, providers licensed pursuant 
41.21 	to sections 144A.01 to 144A.33 or sections 144A.43 to 144A.48 144A.47, personal care 
41.22 	provider organizations under section 256B.0655, subdivision 1g, providers of day training 
41.23 	and habilitation services under sections 252.40 to 252.46, board and lodging facilities 
41.24 	licensed under chapter 157, intermediate care facilities for persons with mental retardation 
41.25 	or related conditions, and other facilities licensed to provide residential services to persons 
41.26 	with developmental disabilities.

41.27 	Sec. 40. Minnesota Statutes 2004, section 609.671, subdivision 1, is amended to read:
41.28 		Subdivision 1.Definitions. The definitions in this subdivision apply to this section.
41.29 	(a) "Agency" means the Pollution Control Agency.
41.30 	(b) "Deliver" or "delivery" means the transfer of possession of hazardous waste, with 
41.31 	or without consideration.
41.32 	(c) "Dispose" or "disposal" has the meaning given it in section  115A.03, subdivision 
41.33 	9. 
42.1 	(d) "Hazardous air pollutant" means an air pollutant listed under United States 
42.2 	Code, title 42, section 7412(b).
42.3 	(e) "Hazardous waste" means any waste identified as hazardous under the authority 
42.4 	of section  116.07, subdivision 4, except for those wastes exempted under Minnesota 
42.5 	Rules, part 7045.0120, wastes generated under Minnesota Rules, part 7045.0213 or 
42.6 	7045.0304, and household appliances. 
42.7 	(f) "Permit" means a permit issued by the Pollution Control Agency under chapter 
42.8 	115 or 116 or the rules promulgated under those chapters including interim status for 
42.9 	hazardous waste facilities.
42.10 	(g) "Solid waste" has the meaning given in section  116.06, subdivision 22. 
42.11 	(h) "Toxic pollutant" means a toxic pollutant on the list established under United 
42.12 	States Code, title 33, section 1317.

42.13 	Sec. 41. Minnesota Statutes 2004, section 626.5572, subdivision 2, is amended to read:
42.14 		Subd. 2.Abuse. "Abuse" means:
42.15 	(a) An act against a vulnerable adult that constitutes a violation of, an attempt to 
42.16 	violate, or aiding and abetting a violation of:
42.17 	(1) assault in the first through fifth degrees as defined in sections  609.221 to  609.224; 
42.18 	(2) the use of drugs to injure or facilitate crime as defined in section  609.235; 
42.19 	(3) the solicitation, inducement, and promotion of prostitution as defined in section  
42.20 	609.322; and 
42.21 	(4) criminal sexual conduct in the first through fifth degrees as defined in sections  
42.22 	609.342 to  609.3451. 
42.23 	A violation includes any action that meets the elements of the crime, regardless of 
42.24 	whether there is a criminal proceeding or conviction.
42.25 	(b) Conduct which is not an accident or therapeutic conduct as defined in this 
42.26 	section, which produces or could reasonably be expected to produce physical pain or 
42.27 	injury or emotional distress including, but not limited to, the following:
42.28 	(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a 
42.29 	vulnerable adult;
42.30 	(2) use of repeated or malicious oral, written, or gestured language toward a 
42.31 	vulnerable adult or the treatment of a vulnerable adult which would be considered by a 
42.32 	reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening;
42.33 	(3) use of any aversive or deprivation procedure, unreasonable confinement, or 
42.34 	involuntary seclusion, including the forced separation of the vulnerable adult from other 
43.1 	persons against the will of the vulnerable adult or the legal representative of the vulnerable 
43.2 	adult; and
43.3 	(4) use of any aversive or deprivation procedures for persons with developmental 
43.4 	disabilities or related conditions not authorized under section  245.825. 
43.5 	(c) Any sexual contact or penetration as defined in section  609.341, between a 
43.6 	facility staff person or a person providing services in the facility and a resident, patient, 
43.7 	or client of that facility. 
43.8 	(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against 
43.9 	the vulnerable adult's will to perform services for the advantage of another.
43.10 	(e) For purposes of this section, a vulnerable adult is not abused for the sole reason 
43.11 	that the vulnerable adult or a person with authority to make health care decisions for 
43.12 	the vulnerable adult under sections  144.651,  144A.44, chapter 145B, 145C or 252A, or 
43.13 	section  253B.03 or  525.539 to  525.6199 524.5-313, refuses consent or withdraws consent, 
43.14 	consistent with that authority and within the boundary of reasonable medical practice, to 
43.15 	any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, 
43.16 	or treat the physical or mental condition of the vulnerable adult or, where permitted under 
43.17 	law, to provide nutrition and hydration parenterally or through intubation. This paragraph 
43.18 	does not enlarge or diminish rights otherwise held under law by: 
43.19 	(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an 
43.20 	involved family member, to consent to or refuse consent for therapeutic conduct; or
43.21 	(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.
43.22 	(f) For purposes of this section, a vulnerable adult is not abused for the sole reason 
43.23 	that the vulnerable adult, a person with authority to make health care decisions for the 
43.24 	vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means 
43.25 	or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu 
43.26 	of medical care, provided that this is consistent with the prior practice or belief of the 
43.27 	vulnerable adult or with the expressed intentions of the vulnerable adult.
43.28 	(g) For purposes of this section, a vulnerable adult is not abused for the sole reason 
43.29 	that the vulnerable adult, who is not impaired in judgment or capacity by mental or 
43.30 	emotional dysfunction or undue influence, engages in consensual sexual contact with:
43.31 	(1) a person, including a facility staff person, when a consensual sexual personal 
43.32 	relationship existed prior to the caregiving relationship; or
43.33 	(2) a personal care attendant, regardless of whether the consensual sexual personal 
43.34 	relationship existed prior to the caregiving relationship.

43.35 	Sec. 42.  Laws 2005, chapter 20, article 2, section 1, is amended to read:
44.1 	Section 1. TABLE OF ORIGINAL AND ADJUSTED AUTHORIZATIONS.
44.2 	Column A lists the citation to each law authorizing general  obligation bonds since 
44.3 	Laws 1983, chapter 323, section 6, to  which a further adjustment is being made in this 
44.4 	section.
44.5 	The original authorization amount in each law is shown in  column B opposite the 
44.6 	citation of the law it appears in.
44.7 	The original authorization amount in column B is hereby  adjusted to the amount 
44.8 	shown in column C.  The adjustments  resulting in the column C amount reflect specific 
44.9 	changes to an  authorization in law, executive vetoes sustained or not  challenged, 
44.10 	administrative action reflecting cancellation and  abandonment of all or the unused balance 
44.11 	from specific projects  for which the proceeds of authorized bonds were intended to be  
44.12 	used, and other action pursuant to law resulting in the adjusted  authorizations shown 
44.13 	in column C.  The amounts shown in column C  are validated as the lawful adjusted 
44.14 	authorization for the cited  law as of February 1, 2005, for all purposes for which the  
44.15 	authorization is required or used.

44.16	Column A
	Column B 
	Column C
	
44.17	L 1983, c 323, s 6 
	$ 30,000,000
	$ 29,935,000
	
44.18	L 1987, c 400, s 25, subd 1
	370,972,200
	369,560,500
	
44.19	L 1987, c 400, s 25, subd 5
	 66,747,000
	66,740,000
	
44.20	L 1989, c 300, art 1, s 23, subd 1
	142,585,000
	135,060,000
	
44.21	L 1991, c 354, art 11, s 2, subd 1
	12,000,000
	11,360,000
	
44.22	L 1992, c 558, s 28, subd 1
	231,695,000
	219,085,000
	
44.23	L 1992, c 558, s 28, subd 3
	17,500,000
	17,368,000
	
44.24	L 1993, c 373, s 19, subd 1
	54,640,000
	53,355,000
	
44.25	L 1993, c 373, s 19, subd 2
	9,900,000
	9,480,000
	
44.26	L 1994, c 643, s 31, subd 1
	573,385,000
	564,650,523
	
44.27	L 1994, c 643, s 31, subd 2
	45,000,000
	34,820,000
	
44.28	L 1995, 1SS c 2, art 1, s 14, subd 1
	5,630,000
	5,590,000
	
44.29	L 1996, c 463, s 27, subd 1
	597,110,000
	549,302,898
	
44.30	L 1997, c 246, s 10, subd 1
	86,625,000
	86,192,000
	
44.31	L 1997, 2SS c 2, s 12
	55,305,000
	38,308,054
	
44.32	L 1998, c 404, s 27, subd 1
	463,795,000
	104,478,674
	
45.1	L 1999, c 240, art 1, s 13, subd 1
	139,510,000
	111,905,000
	
45.2	L 1999, c 240, art 1, s 13, subd 2
	10,440,000
	 - 0 -
	
45.3	L 1999, c 240, art 2, s 16, subd 1
	372,400,000
	367,418,000
	
45.4	L 2000, c 492, art 1, s 26, subd 1
	426,870,000
	487,730,000
	
45.5	L 2001, 1SS c 12, s 11, subd 1
	99,205,000
	98,205,000
	
45.6	L 2002, c 393, s 30, subd 1
	920,235,000
	567,312,000

45.7 	Sec. 43. Laws 2005, First Special Session chapter 6, article 3, section 95, is amended 
45.8 	to read:
45.9 	Sec. 95.  REMEDIATION FOR CONVICTIONS.
45.10 	A court in which a conviction for an offense referred to in  section 101  93 occurred, 
45.11 	must vacate the conviction, on its own  motion, without cost to the person convicted, and 
45.12 	must  immediately notify the commissioner of public safety.  The  commissioner must then 
45.13 	notify the person convicted that the  conviction has been vacated and that the person's 
45.14 	driving record  has been purged of a violation of Minnesota Statutes, section  169.796, 
45.15 	subdivision 3, or any other related suspension or  violation, including driving after license 
45.16 	suspension, for  failure to comply with that subdivision.