1.1 	A bill for an act
1.2 	relating to legislative enactments; correcting erroneous, ambiguous, and omitted 
1.3 	text and obsolete references; removing redundant, conflicting, and superseded 
1.4 	provisions; making miscellaneous corrections to laws, statutes, and rules;
1.5 	amending Minnesota Statutes 2010, sections 5.15; 13.04, subdivision 4a; 
1.6 	13.319, subdivision 1; 13.3806, by adding a subdivision; 13.381, subdivision 
1.7 	1; 13.411, subdivision 1; 13.4967, subdivision 1; 13.607, subdivision 1; 
1.8 	13.6401, subdivision 1, by adding a subdivision; 13.6905, subdivision 1, by 
1.9 	adding a subdivision; 13.7191, subdivision 1, by adding a subdivision; 13.785, 
1.10 	subdivision 1; 13.7931, subdivision 1; 13.841, subdivision 1, by adding a 
1.11 	subdivision; 13.851, subdivision 1, by adding a subdivision; 15B.24, subdivision 
1.12 	1; 60A.121, subdivision 5; 82.67, subdivision 3; 115A.072, subdivision 1; 
1.13 	115A.908, subdivision 2; 115B.25, subdivision 8; 115B.34, subdivision 1; 
1.14 	116W.03, subdivision 5; 120B.022, subdivision 1; 121A.15, subdivisions 8, 
1.15 	9; 123B.72, subdivision 3; 123B.76, subdivision 3; 125A.027, subdivision 4; 
1.16 	125A.29; 125A.56, subdivision 1; 127A.45, subdivision 12; 152.027, subdivision 
1.17 	4; 168.1293, subdivision 5; 168D.01, subdivision 4; 168D.02, subdivision 1; 
1.18 	169.771, subdivision 1; 174.82; 203B.06, subdivision 3; 204B.34, subdivision 
1.19 	1; 204C.13, subdivision 6; 205A.10, subdivision 2; 216B.1691, subdivision 5; 
1.20 	216B.1692, subdivisions 1, 2; 216C.01, subdivision 1a; 219.01; 239.002; 244.11, 
1.21 	subdivision 3; 245B.031, subdivision 5; 256B.0625, subdivision 14; 260D.07; 
1.22 	268.046, subdivision 1; 273.054; 273.063; 273.1103; 279.33; 295.75, subdivision 
1.23 	9; 297I.01, subdivision 16; 299F.56, subdivisions 11, 16; 299F.57, subdivision 
1.24 	1; 299J.03, subdivision 2; 299M.03, subdivision 2; 326B.118; 326B.986, 
1.25 	subdivision 4; 326B.992; 383D.411; 394.21, subdivision 3; 394.232; 462.3535, 
1.26 	subdivisions 1, 8; 466.07, subdivision 1; 501B.16; 514.977; 515B.1-102; 517.08, 
1.27 	subdivision 1b; 518D.314; 572A.01, subdivision 1; 572A.03, subdivision 2; 
1.28 	576.011, subdivision 1; 580.041, subdivision 2; 580.06, subdivision 2; 609.485, 
1.29 	subdivision 2; 609.5314, subdivision 3; 609.902, subdivision 4; 611A.033; 
1.30 	628.56; 628.63; 628.68; 630.18; 631.05; Laws 2009, chapter 88, article 2, section 
1.31 	43; Laws 2010, chapter 184, section 18; Laws 2010, chapter 280, section 40; 
1.32 	Laws 2010, chapter 382, section 87, subdivision 8; Laws 2010, chapter 389, 
1.33 	article 1, sections 7; 8; 9; repealing Minnesota Statutes 2010, sections 462.3535, 
1.34 	subdivisions 9, 10; 572A.02, subdivision 5; 626.8441, subdivision 1; Laws 2006, 
1.35 	chapter 259, article 13, section 10; Laws 2008, chapter 202, section 10; Laws 
1.36 	2009, chapter 82, section 2; Laws 2010, chapter 184, section 7; Laws 2010, 
1.37 	chapter 310, article 6, section 1; article 16, section 2; Laws 2010, chapter 359, 
1.38 	article 12, section 18; Laws 2010, chapter 392, article 1, section 6; Laws 2010, 
2.1 	First Special Session chapter 1, article 15, section 8; Minnesota Rules, part 
2.2 	7890.0120, subpart 3.
2.3 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.4 	ARTICLE 1
2.5 	GENERAL

2.6 	Section 1. Minnesota Statutes 2010, section 5.15, is amended to read:
2.7 	5.15 ONLINE SIGNATURES, ACKNOWLEDGMENT OR NOTARIZATION 
2.8 	ON DOCUMENTS; PENALTIES OF PERJURY.
2.9 	(a) No document submitted to the Office of the Secretary of State shall be required 
2.10 	to be notarized. Signing a document submitted to the secretary of state constitutes 
2.11 	"acknowledgment" as defined in section 358.41, clause (2), and "verification upon oath 
2.12 	or affirmation" as defined in section 358.41, clause (3). A person who signs a document 
2.13 	submitted to the secretary of state without authority to sign that document or who signs 
2.14 	the document knowing that the document is false in any material respect is subject to the 
2.15 	penalties of perjury set forth in section 609.48.
2.16 	(b) Any document submitted to the Office of the Secretary of State online may be 
2.17 	signed by any person as agent of any person whose signature is required by law. The 
2.18 	signing party must indicate on the application that the person is acting as the agent of the 
2.19 	person whose signature would be required and that the person has been authorized to 
2.20 	sign on behalf of the applicant. The name of the person signing, entered on the online 
2.21 	application, constitutes a valid signature by such an agent.
2.22 	(c) Any document relating to a filing by a business entity or assumed name, or the 
2.23 	filing of a document under chapter 270 270C, 272, 336, or 336A, submitted to the Office 
2.24 	of the Secretary of State on paper may be signed by any person as agent of any person 
2.25 	whose signature is required by law. The signing party must indicate on the document that 
2.26 	it is acting as the agent of the person whose signature would be required and that it has 
2.27 	been authorized to sign on behalf of that person.

2.28 	Sec. 2. Minnesota Statutes 2010, section 13.04, subdivision 4a, is amended to read:
2.29 		Subd. 4a.Sex offender program data; challenges. Notwithstanding subdivision 
2.30 	4, challenges to the accuracy or completeness of data maintained by the Department of 
2.31 	Human Services sex offender program about a client civilly committed sex offender
2.32 	as defined in section 246B.01, subdivision 1a, must be submitted in writing to the data 
2.33 	practices compliance official of the Department of Human Services. The data practices 
2.34 	compliance official must respond to the challenge as provided in this section.

3.1 	Sec. 3. Minnesota Statutes 2010, section 15B.24, subdivision 1, is amended to read:
3.2 		Subdivision 1.Scope. This section governs the treatment of tax-forfeited lands in 
3.3 	the Capitol Area. Sections Section 383A.17and 383A.76 relating to Ramsey County 
3.4 	also may apply.

3.5 	Sec. 4. Minnesota Statutes 2010, section 60A.121, subdivision 5, is amended to read:
3.6 		Subd. 5.Independent appraiser. "Independent appraiser" means a person not 
3.7 	employed by the insurer, by an affiliate of the insurer, or by an investment advisor to the 
3.8 	insurer who develops and communicates real estate appraisals and holds a current, valid 
3.9 	license issued under section 82B.02 82B.08, or a similar law enacted by another state. 

3.10 	Sec. 5. Minnesota Statutes 2010, section 82.67, subdivision 3, is amended to read:
3.11 		Subd. 3.Agency disclosure form. The agency disclosure form shall be in 
3.12 	substantially the form set forth below:
3.13 	AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS
3.14 	Minnesota law requires that early in any relationship, real estate brokers or salespersons 
3.15 	discuss with consumers what type of agency representation or relationship they desire.(1) 
3.16 	The available options are listed below. This is not a contract. This is an agency 
3.17 	disclosure form only. If you desire representation, you must enter into a written 
3.18 	contract according to state law (a listing contract or a buyer representation contract). 
3.19 	Until such time as you choose to enter into a written contract for representation, you 
3.20 	will be treated as a customer and will not receive any representation from the broker or 
3.21 	salesperson. The broker or salesperson will be acting as a Facilitator (see paragraph V 
3.22 	below), unless the broker or salesperson is representing another party as described below.
3.23 	ACKNOWLEDGMENT: I/We acknowledge that I/We have been presented with the 
3.24 	below-described options. I/We understand that until I/We have signed a representation 
3.25 	contract, I/We are not represented by the broker/salesperson. I/We understand that written 
3.26 	consent is required for a dual agency relationship. THIS IS A DISCLOSURE ONLY, NOT 
3.27 	A CONTRACT FOR REPRESENTATION.

3.28	........
		........
	
3.29	Signature
		Date
	
3.30	........
		........
	
3.31	Signature
		Date
	
3.32 	I.
3.33 	Seller's Broker: A broker who lists a property, or a salesperson who is licensed to 
3.34 	the listing broker, represents the Seller and acts on behalf of the Seller. A Seller's 
4.1 	broker owes to the Seller the fiduciary duties described below.(2) The broker must 
4.2 	also disclose to the Buyer material facts as defined in Minnesota Statutes, section 
4.3 	82.22 82.68, subdivision 8 3, of which the broker is aware that could adversely and 
4.4 	significantly affect the Buyer's use or enjoyment of the property. If a broker or 
4.5 	salesperson working with a Buyer as a customer is representing the Seller, he or 
4.6 	she must act in the Seller's best interest and must tell the Seller any information 
4.7 	disclosed to him or her, except confidential information acquired in a facilitator 
4.8 	relationship (see paragraph V below). In that case, the Buyer will not be represented 
4.9 	and will not receive advice and counsel from the broker or salesperson.
4.10 	II.
4.11 	Subagent: A broker or salesperson who is working with a Buyer but represents the 
4.12 	Seller. In this case, the Buyer is the broker's customer and is not represented by that 
4.13 	broker. If a broker or salesperson working with a Buyer as a customer is representing 
4.14 	the Seller, he or she must act in the Seller's best interest and must tell the Seller 
4.15 	any information that is disclosed to him or her. In that case, the Buyer will not be 
4.16 	represented and will not receive advice and counsel from the broker or salesperson.
4.17 	III.
4.18 	Buyer's Broker: A Buyer may enter into an agreement for the broker or salesperson 
4.19 	to represent and act on behalf of the Buyer. The broker may represent the Buyer 
4.20 	only, and not the Seller, even if he or she is being paid in whole or in part by the 
4.21 	Seller. A Buyer's broker owes to the Buyer the fiduciary duties described below.(2) 
4.22 	The broker must disclose to the Buyer material facts as defined in Minnesota 
4.23 	Statutes, section 82.22 82.68, subdivision 8 3, of which the broker is aware that 
4.24 	could adversely and significantly affect the Buyer's use or enjoyment of the property. 
4.25 	If a broker or salesperson working with a Seller as a customer is representing the 
4.26 	Buyer, he or she must act in the Buyer's best interest and must tell the Buyer any 
4.27 	information disclosed to him or her, except confidential information acquired in a 
4.28 	facilitator relationship (see paragraph V below). In that case, the Seller will not be 
4.29 	represented and will not receive advice and counsel from the broker or salesperson.
4.30 	IV.
4.31 	Dual Agency-Broker Representing both Seller and Buyer: Dual agency occurs 
4.32 	when one broker or salesperson represents both parties to a transaction, or when two 
4.33 	salespersons licensed to the same broker each represent a party to the transaction. 
4.34 	Dual agency requires the informed consent of all parties, and means that the broker 
4.35 	and salesperson owe the same duties to the Seller and the Buyer. This role limits the 
5.1 	level of representation the broker and salespersons can provide, and prohibits them 
5.2 	from acting exclusively for either party. In a dual agency, confidential information 
5.3 	about price, terms, and motivation for pursuing a transaction will be kept confidential 
5.4 	unless one party instructs the broker or salesperson in writing to disclose specific 
5.5 	information about him or her. Other information will be shared. Dual agents may 
5.6 	not advocate for one party to the detriment of the other.(3)
5.7 	Within the limitations described above, dual agents owe to both Seller and Buyer the 
5.8 	fiduciary duties described below.(2) Dual agents must disclose to Buyers material 
5.9 	facts as defined in Minnesota Statutes, section 82.22 82.68, subdivision 8 3, of 
5.10 	which the broker is aware that could adversely and significantly affect the Buyer's 
5.11 	use or enjoyment of the property.
5.12 	V.
5.13 	Facilitator: A broker or salesperson who performs services for a Buyer, a Seller, or 
5.14 	both but does not represent either in a fiduciary capacity as a Buyer's Broker, Seller's 
5.15 	Broker, or Dual Agent. THE FACILITATOR BROKER OR SALESPERSON 
5.16 	DOES NOT OWE ANY PARTY ANY OF THE FIDUCIARY DUTIES LISTED 
5.17 	BELOW, EXCEPT CONFIDENTIALITY, UNLESS THOSE DUTIES ARE 
5.18 	INCLUDED IN A WRITTEN FACILITATOR SERVICES AGREEMENT. The 
5.19 	facilitator broker or salesperson owes the duty of confidentiality to the party but 
5.20 	owes no other duty to the party except those duties required by law or contained in 
5.21 	a written facilitator services agreement, if any. In the event a facilitator broker or 
5.22 	salesperson, working with a Buyer, shows a property listed by the facilitator broker 
5.23 	or salesperson, then the facilitator broker or salesperson must act as a Seller's Broker 
5.24 	(see paragraph I above). In the event a facilitator broker or salesperson, working 
5.25 	with a Seller, accepts a showing of the property by a Buyer being represented by the 
5.26 	facilitator broker or salesperson, then the facilitator broker or salesperson must act 
5.27 	as a Buyer's Broker (see paragraph III above).
........5.28 	
5.29 	(1) This disclosure is required by law in any transaction involving property occupied 
5.30 	or intended to be occupied by one to four families as their residence.
5.31 	(2) The fiduciary duties mentioned above are listed below and have the following 
5.32 	meanings:
5.33 	Loyalty-broker/salesperson will act only in client(s)' best interest.
5.34 	Obedience-broker/salesperson will carry out all client(s)' lawful instructions.
6.1 	Disclosure-broker/salesperson will disclose to client(s) all material facts of which 
6.2 	broker/salesperson has knowledge which might reasonably affect the client's use and 
6.3 	enjoyment of the property.
6.4 	Confidentiality-broker/salesperson will keep client(s)' confidences unless required 
6.5 	by law to disclose specific information (such as disclosure of material facts to Buyers).
6.6 	Reasonable Care-broker/salesperson will use reasonable care in performing duties as 
6.7 	an agent.
6.8 	Accounting-broker/salesperson will account to client(s) for all client(s)' money 
6.9 	and property received as agent.
6.10 	(3) If Seller(s) decides not to agree to a dual agency relationship, Seller(s) may give 
6.11 	up the opportunity to sell the property to Buyers represented by the broker/salesperson. 
6.12 	If Buyer(s) decides not to agree to a dual agency relationship, Buyer(s) may give up the 
6.13 	opportunity to purchase properties listed by the broker.

6.14 	Sec. 6. Minnesota Statutes 2010, section 115A.072, subdivision 1, is amended to read:
6.15 		Subdivision 1.Environmental education Advisory Board programs. (a) The 
6.16 	commissioner shall provide for the development and implementation of environmental 
6.17 	education programs that are designed to meet the goals listed in section 115A.073.
6.18 	(b) The Environmental Education Advisory Board shall advise the commissioner in 
6.19 	carrying out the commissioner's responsibilities under this section. The board consists of 
6.20 	20 members as follows:
6.21 	(1) a representative of the Pollution Control Agency, appointed by the commissioner 
6.22 	of the agency;
6.23 	(2) a representative of the Department of Education, appointed by the commissioner 
6.24 	of education;
6.25 	(3) a representative of the Department of Agriculture, appointed by the commissioner 
6.26 	of agriculture;
6.27 	(4) a representative of the Department of Health, appointed by the commissioner 
6.28 	of health;
6.29 	(5) a representative of the Department of Natural Resources, appointed by the 
6.30 	commissioner of natural resources;
6.31 	(6) a representative of the Board of Water and Soil Resources, appointed by that 
6.32 	board;
6.33 	(7) a representative of the Environmental Quality Board, appointed by that board;
6.34 	(8) a representative of the Board of Teaching, appointed by that board;
7.1 	(9) a representative of the University of Minnesota Extension Service, appointed by 
7.2 	the director of the service;
7.3 	(10) a citizen member from each congressional district, of which two must be 
7.4 	licensed teachers currently teaching in the K-12 system, appointed by the commissioner; 
7.5 	and
7.6 	(11) three at-large citizen members, appointed by the commissioner.
7.7 	The citizen members shall serve two-year terms. Compensation of board members is 
7.8 	governed by section 15.059, subdivision 6. The board expires on June 30, 2008.

7.9 	Sec. 7. Minnesota Statutes 2010, section 115A.908, subdivision 2, is amended to read:
7.10 		Subd. 2.Deposit of revenue. From the Revenue collected under this section, the 
7.11 	amount necessary to make debt service payments on revenue bonds issued under section 
7.12 	116.156 is annually appropriated to the commissioner of management and budget. Any 
7.13 	remaining revenue collected shall be credited to the environmental fund.

7.14 	Sec. 8. Minnesota Statutes 2010, section 115B.25, subdivision 8, is amended to read:
7.15 		Subd. 8.Protected information. "Protected information" means information 
7.16 	provided to the board agency by a nongovernmental third party, or information provided to 
7.17 	the board agency by a governmental party if access to that information is protected under 
7.18 	other law, that is relevant to a determination required of the board agency under section 
7.19 	115B.33, subdivisions 1, clauses (2) to (4), and 2, clause (2). 

7.20 	Sec. 9. Minnesota Statutes 2010, section 115B.34, subdivision 1, is amended to read:
7.21 		Subdivision 1.Personal injury losses. Losses compensable by the fund for personal 
7.22 	injury are limited to:
7.23 	(1) medical expenses directly related to the claimant's injury;
7.24 	(2) up to two-thirds of the claimant's lost wages not to exceed $2,000 per month 
7.25 	or $24,000 per year;
7.26 	(3) up to two-thirds of a self-employed claimant's lost income, not to exceed $2,000 
7.27 	per month or $24,000 per year;
7.28 	(4) death benefits to dependents which the agency shall define by rule subject to 
7.29 	the following conditions:
7.30 	(i) the rule adopted by the agency must establish a schedule of benefits similar to 
7.31 	that established by section 176.111 and must not provide for the payment of benefits to 
7.32 	dependents other than those dependents defined in section 176.111; 
8.1 	(ii) the total benefits paid to all dependents of a claimant must not exceed $2,000 
8.2 	per month;
8.3 	(iii) benefits paid to a spouse and all dependents other than children must not 
8.4 	continue for a period longer than ten years;
8.5 	(iv) payment of benefits is subject to the limitations of section 115B.36; and 
8.6 	(5) the value of household labor lost due to the claimant's injury or disease, which 
8.7 	must be determined in accordance with a schedule established by the board agency by 
8.8 	rule, not to exceed $2,000 per month or $24,000 per year.

8.9 	Sec. 10. Minnesota Statutes 2010, section 116W.03, subdivision 5, is amended to read:
8.10 		Subd. 5.Executive director; staffing. The authority shall employ an executive 
8.11 	director in the unclassified service. The initial executive director must be the individual in 
8.12 	the position of director of the Office of Science and Technology as of January 1, 2010, 
8.13 	under Minnesota Statutes 2008, section 116J.657. The executive director is responsible 
8.14 	for hiring staff necessary to assist the executive director to carry out the duties and 
8.15 	responsibilities of the authority. The executive director shall perform duties that the 
8.16 	authority may require in carrying out its responsibilities to manage and implement the 
8.17 	funds and programs in this chapter, and comply with all state and federal program 
8.18 	requirements, and state and federal securities and tax laws and regulations. The executive 
8.19 	director shall assist the advisory board in fulfilling its duties under this chapter.

8.20 	Sec. 11. Minnesota Statutes 2010, section 120B.022, subdivision 1, is amended to read:
8.21 		Subdivision 1.Elective standards. (a) A district must establish its own standards in 
8.22 	the following subject areas:
8.23 	(1) vocational career and technical education; and
8.24 	(2) world languages.
8.25 	A school district must offer courses in all elective subject areas.
8.26 	(b) World languages teachers and other school staff should develop and implement 
8.27 	world languages programs that acknowledge and reinforce the language proficiency and 
8.28 	cultural awareness that non-English language speakers already possess, and encourage 
8.29 	students' proficiency in multiple world languages. Programs under this paragraph must 
8.30 	encompass indigenous American Indian languages and cultures, among other world 
8.31 	languages and cultures. The department shall consult with postsecondary institutions in 
8.32 	developing related professional development opportunities.
9.1 	(c) Any Minnesota public, charter, or nonpublic school may award Minnesota 
9.2 	World Language Proficiency Certificates or Minnesota World Language Proficiency High 
9.3 	Achievement Certificates, consistent with this subdivision.
9.4 	The Minnesota World Language Proficiency Certificate recognizes students who 
9.5 	demonstrate listening, speaking, reading, and writing language skills at the American 
9.6 	Council on the Teaching of Foreign Languages' Intermediate-Low level on a valid and 
9.7 	reliable assessment tool. For languages listed as Category 3 by the United States Foreign 
9.8 	Service Institute or Category 4 by the United States Defense Language Institute, the 
9.9 	standard is Intermediate-Low for listening and speaking and Novice-High for reading 
9.10 	and writing.
9.11 	The Minnesota World Language Proficiency High Achievement Certificate 
9.12 	recognizes students who demonstrate listening, speaking, reading, and writing language 
9.13 	skills at the American Council on the Teaching of Foreign Languages' Pre-Advanced level 
9.14 	for K-12 learners on a valid and reliable assessment tool. For languages listed as Category 
9.15 	3 by the United States Foreign Service Institute or Category 4 by the United States 
9.16 	Defense Language Institute, the standard is Pre-Advanced for listening and speaking and 
9.17 	Intermediate-Mid for reading and writing.

9.18 	Sec. 12. Minnesota Statutes 2010, section 121A.15, subdivision 8, is amended to read:
9.19 		Subd. 8.Report. The administrator or other person having general control and 
9.20 	supervision of the elementary or secondary school shall file a report with the commissioner 
9.21 	on all persons enrolled in the school. The superintendent of each district shall file a report 
9.22 	with the commissioner for all persons within the district receiving instruction in a home 
9.23 	school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving 
9.24 	instruction in a home school shall submit the statements as required by subdivisions 1, 2, 
9.25 	3, and 4 to the superintendent of the district in which the person resides by October 1 of 
9.26 	each school year. The school report must be prepared on forms developed jointly by the 
9.27 	commissioner of health and the commissioner of education and be distributed to the local 
9.28 	districts by the commissioner of health. The school report must state the number of persons 
9.29 	attending the school, the number of persons who have not been immunized according 
9.30 	to subdivision 1 or 2, and the number of persons who received an exemption under 
9.31 	subdivision 3, clause (c) or (d). The school report must be filed with the commissioner of 
9.32 	education within 60 days of the commencement of each new school term. Upon request, a 
9.33 	district must be given a 60-day extension for filing the school report. The commissioner 
9.34 	of education shall forward the report, or a copy thereof, to the commissioner of health 
9.35 	who shall provide summary reports to boards of health as defined in section 145A.02, 
10.1 	subdivision 2. The administrator or other person having general control and supervision of 
10.2 	the child care facility shall file a report with the commissioner of human services on all 
10.3 	persons enrolled in the child care facility. The child care facility report must be prepared 
10.4 	on forms developed jointly by the commissioner of health and the commissioner of human 
10.5 	services and be distributed to child care facilities by the commissioner of health. The child 
10.6 	care facility report must state the number of persons enrolled in the facility, the number 
10.7 	of persons with no immunizations, the number of persons who received an exemption 
10.8 	under subdivision 3, clause (c) or (d), and the number of persons with partial or full 
10.9 	immunization histories. The child care facility report must be filed with the commissioner 
10.10 	of human services by November 1 of each year. The commissioner of human services shall 
10.11 	forward the report, or a copy thereof, to the commissioner of health who shall provide 
10.12 	summary reports to boards of health as defined in section 145A.02, subdivision 2. The 
10.13 	report required by this subdivision is not required of a family child care or group family 
10.14 	child care facility, for prekindergarten children enrolled in any elementary or secondary 
10.15 	school provided services according to sections 125A.05125A.03 and 125A.06, nor for 
10.16 	child care facilities in which at least 75 percent of children in the facility participate on a 
10.17 	onetime only or occasional basis to a maximum of 45 hours per child, per month.

10.18 	Sec. 13. Minnesota Statutes 2010, section 121A.15, subdivision 9, is amended to read:
10.19 		Subd. 9.Definitions. As used in this section the following terms have the meanings 
10.20 	given them.
10.21 	(a) "Elementary or secondary school" includes any public school as defined in 
10.22 	section 120A.05, subdivisions 9, 11, 13, and 17, or nonpublic school, church, or religious 
10.23 	organization, or home school in which a child is provided instruction in compliance with 
10.24 	sections 120A.22 and 120A.24.
10.25 	(b) "Person enrolled in any elementary or secondary school" means a person born 
10.26 	after 1956 and enrolled in grades kindergarten through 12, and a child with a disability 
10.27 	receiving special instruction and services as required in sections 125A.03 to 125A.24
10.28 	and 125A.65, excluding a child being provided services according to section 125A.05, 
10.29 	paragraph (c), or 125A.06, paragraph (d) at the home or bedside of the child or in other 
10.30 	states.
10.31 	(c) "Child care facility" includes those child care programs subject to licensure under 
10.32 	chapter 245A, and Minnesota Rules, chapters 9502 and 9503.
10.33 	(d) "Family child care" means child care for no more than ten children at one time 
10.34 	of which no more than six are under school age. The licensed capacity must include all 
10.35 	children of any caregiver when the children are present in the residence.
11.1 	(e) "Group family child care" means child care for no more than 14 children at 
11.2 	any one time. The total number of children includes all children of any caregiver when 
11.3 	the children are present in the residence.

11.4 	Sec. 14. Minnesota Statutes 2010, section 123B.72, subdivision 3, is amended to read:
11.5 		Subd. 3.Certification. Prior to occupying or reoccupying a school facility affected 
11.6 	by this section, a school board or its designee shall submit a document prepared by a 
11.7 	system inspector to the building official or to the commissioner, verifying that the facility's 
11.8 	heating, ventilation, and air conditioning system has been installed and operates according 
11.9 	to design specifications and code, according to section 123B.71, subdivision 9, clause 
11.10 	(11) (12). A systems inspector shall also verify that the facility's design will provide 
11.11 	the ability for monitoring of outdoor airflow and total airflow of ventilation systems in 
11.12 	new school facilities and that any heating, ventilation, or air conditioning system that is 
11.13 	installed or modified for a project subject to this section must provide a filtration system 
11.14 	with a current ASHRAE standard. 

11.15 	Sec. 15. Minnesota Statutes 2010, section 123B.76, subdivision 3, is amended to read:
11.16 		Subd. 3.Expenditures by building. (a) For the purposes of this section, "building" 
11.17 	means education site as defined in section 123B.04, subdivision 1.
11.18 	(b) Each district shall maintain separate accounts to identify general fund 
11.19 	expenditures for each building. All expenditures for regular instruction, secondary 
11.20 	vocational instruction, and school administration must be reported to the department 
11.21 	separately for each building. All expenditures for special education instruction, 
11.22 	instructional support services, and pupil support services provided within a specific 
11.23 	building must be reported to the department separately for each building. Salary 
11.24 	expenditures reported by building must reflect actual salaries for staff at the building and 
11.25 	must not be based on districtwide averages. All other general fund expenditures may be 
11.26 	reported by building or on a districtwide basis.
11.27 	(c) The department must annually report information showing school district general 
11.28 	fund expenditures per pupil by program category for each building and estimated school 
11.29 	district general fund revenue generated by pupils attending each building on its Web 
11.30 	site. For purposes of this report:
11.31 	(1) expenditures not reported by building shall be allocated among buildings on a 
11.32 	uniform per pupil basis;
11.33 	(2) basic skills revenue shall be allocated according to section 126C.10, subdivision 
11.34 	4;
12.1 	(3) secondary sparsity revenue and elementary sparsity revenue shall be allocated 
12.2 	according to section 126C.10, subdivisions 7 and 8;
12.3 	(4) alternative teacher compensation revenue shall be allocated according to section 
12.4 	122A.415, subdivision 1;
12.5 	(5) other general education revenue shall be allocated on a uniform per pupil unit 
12.6 	basis;
12.7 	(6) first grade preparedness aid shall be allocated according to section 124D.081;
12.8 	(7) (6) state and federal special education aid and Title I aid shall be allocated in 
12.9 	proportion to district expenditures for these programs by building; and
12.10 	(8) (7) other general fund revenues shall be allocated on a uniform per pupil basis, 
12.11 	except that the department may allocate other revenues attributable to specific buildings 
12.12 	directly to those buildings.

12.13 	Sec. 16. Minnesota Statutes 2010, section 125A.027, subdivision 4, is amended to read:
12.14 		Subd. 4.Responsibilities of school and county boards. (a) It is the joint 
12.15 	responsibility of school and county boards to coordinate, provide, and pay for appropriate 
12.16 	services, and to facilitate payment for services from public and private sources. 
12.17 	Appropriate service for children eligible under section 125A.02 and receiving service 
12.18 	from two or more public agencies of which one is the public school must be determined in 
12.19 	consultation with parents, physicians, and other education, medical health, and human 
12.20 	services providers. The services provided must be in conformity with an Individual 
12.21 	Interagency Intervention Plan (IIIP) for each eligible child ages 3 to 21. 
12.22 	(b) Appropriate services include those services listed on a child's IIIP. These services 
12.23 	are those that are required to be documented on a plan under federal and state law or rule.
12.24 	(c) School and county boards shall coordinate interagency services. Service 
12.25 	responsibilities for eligible children, ages 3 to 21, shall be established in interagency 
12.26 	agreements or joint powers board agreements. In addition, interagency agreements or 
12.27 	joint powers board agreements shall be developed to establish agency responsibility that 
12.28 	assures that coordinated interagency services are coordinated, provided, and paid for, and 
12.29 	that payment is facilitated from public and private sources. School boards must provide, 
12.30 	pay for, and facilitate payment for special education services as required under sections 
12.31 	125A.05125A.03 and 125A.06. County boards must provide, pay for, and facilitate 
12.32 	payment for those programs over which they have service and fiscal responsibility as 
12.33 	referenced in section 125A.023, subdivision 3, paragraph (d), clause (1). 

13.1 	Sec. 17. Minnesota Statutes 2010, section 125A.29, is amended to read:
13.2 	125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL 
13.3 	BOARDS.
13.4 	(a) It is the joint responsibility of county boards and school boards to coordinate, 
13.5 	provide, and pay for appropriate services, and to facilitate payment for services from public 
13.6 	and private sources. Appropriate services for children eligible under section 125A.02 must 
13.7 	be determined in consultation with parents, physicians, and other educational, medical, 
13.8 	health, and human services providers. The services provided must be in conformity with:
13.9 	(1) an IFSP for each eligible infant and toddler from birth through age two and 
13.10 	the infant's or toddler's family including:
13.11 	(i) American Indian infants and toddlers with disabilities and their families residing 
13.12 	on a reservation geographically located in the state;
13.13 	(ii) infants and toddlers with disabilities who are homeless children and their 
13.14 	families; and
13.15 	(iii) infants and toddlers with disabilities who are wards of the state; or
13.16 	(2) an individual education plan (IEP) or individual service plan (ISP) for each 
13.17 	eligible child ages three through four.
13.18 	(b) Appropriate services include family education and counseling, home visits, 
13.19 	occupational and physical therapy, speech pathology, audiology, psychological services, 
13.20 	special instruction, nursing, respite, nutrition, assistive technology, transportation 
13.21 	and related costs, social work, vision services, case management including service 
13.22 	coordination under section 125A.33, medical services for diagnostic and evaluation 
13.23 	purposes, early identification, and screening, assessment, and health services necessary to 
13.24 	enable children with disabilities to benefit from early intervention services.
13.25 	(c) School and county boards shall coordinate early intervention services. In the 
13.26 	absence of agreements established according to section 125A.39, service responsibilities 
13.27 	for children birth through age two are as follows:
13.28 	(1) school boards must provide, pay for, and facilitate payment for special education 
13.29 	and related services required under sections 125A.05 125A.03 and 125A.06;
13.30 	(2) county boards must provide, pay for, and facilitate payment for noneducational 
13.31 	services of social work, psychology, transportation and related costs, nursing, respite, and 
13.32 	nutrition services not required under clause (1).
13.33 	(d) School and county boards may develop an interagency agreement according 
13.34 	to section 125A.39 to establish agency responsibility that assures early intervention 
13.35 	services are coordinated, provided, paid for, and that payment is facilitated from public 
13.36 	and private sources.
14.1 	(e) County and school boards must jointly determine the primary agency in this 
14.2 	cooperative effort and must notify the commissioner of the state lead agency of their 
14.3 	decision.

14.4 	Sec. 18. Minnesota Statutes 2010, section 125A.56, subdivision 1, is amended to read:
14.5 		Subdivision 1.Requirement. (a) Before a pupil is referred for a special education 
14.6 	evaluation, the district must conduct and document at least two instructional strategies, 
14.7 	alternatives, or interventions using a system of scientific, research-based instruction and 
14.8 	intervention in academics or behavior, based on the pupil's needs, while the pupil is in the 
14.9 	regular classroom. The pupil's teacher must document the results. A special education 
14.10 	evaluation team may waive this requirement when it determines the pupil's need for the 
14.11 	evaluation is urgent. This section may not be used to deny a pupil's right to a special 
14.12 	education evaluation.
14.13 	(b) A school district shall use alternative intervention services, including the 
14.14 	assurance of mastery program under section 124D.66, the supplemental early education 
14.15 	program under section 124D.081, or an early intervening services program under 
14.16 	subdivision 2 to serve at-risk pupils who demonstrate a need for alternative instructional 
14.17 	strategies or interventions.

14.18 	Sec. 19. Minnesota Statutes 2010, section 127A.45, subdivision 12, is amended to read:
14.19 		Subd. 12.Payment percentage for certain aids. (a) One hundred percent of the 
14.20 	aid for the current fiscal year must be paid for the following aids: reimbursement for 
14.21 	enrollment options transportation, according to sections 124D.03, subdivision 8, 124D.09, 
14.22 	subdivision 22, and 124D.10; school lunch aid, according to section 124D.111; and 
14.23 	hearing impaired support services aid, according to section 124D.57.
14.24 	(b) One hundred percent of the aid for the current fiscal year, based on enrollment 
14.25 	in the previous year, must be paid for the first grade preparedness program according to 
14.26 	section 124D.081.

14.27 	Sec. 20. Minnesota Statutes 2010, section 152.027, subdivision 4, is amended to read:
14.28 		Subd. 4.Possession or sale of small amounts of marijuana. (a) A person who 
14.29 	unlawfully sells a small amount of marijuana for no remuneration, or who unlawfully 
14.30 	possesses a small amount of marijuana is guilty of a petty misdemeanor and participation
14.31 	shall be required to participate in a drug education program unless the court enters a 
14.32 	written finding that a drug education program is inappropriate. The program must be 
15.1 	approved by an area mental health board with a curriculum approved by the state alcohol 
15.2 	and drug abuse authority.
15.3 	(b) A person convicted of an unlawful sale under paragraph (a) who is subsequently 
15.4 	convicted of an unlawful sale under paragraph (a) within two years is guilty of a 
15.5 	misdemeanor and shall be required to participate in a chemical dependency evaluation and 
15.6 	treatment if so indicated by the evaluation.
15.7 	(c) A person who is convicted of a petty misdemeanor under paragraph (a) who 
15.8 	willfully and intentionally fails to comply with the sentence imposed, is guilty of a 
15.9 	misdemeanor. Compliance with the terms of the sentence imposed before conviction 
15.10 	under this paragraph is an absolute defense.

15.11 	Sec. 21. Minnesota Statutes 2010, section 168.1293, subdivision 5, is amended to read:
15.12 		Subd. 5.Discontinuance of plate. (a) The commissioner shall discontinue the 
15.13 	issuance or renewal of any proximate special plate if (1) fewer than 1,000 sets of those 
15.14 	plates are currently registered at the end of the first six years during which the plates are 
15.15 	available, or (2) fewer than 1,000 sets of those plates are currently registered at the end of 
15.16 	any subsequent two-year period following the first six years of availability.
15.17 	(b) The commissioner shall discontinue the issuance or renewal of any proximate 
15.18 	special plate, and distribution of any contributions resulting from that plate, if the 
15.19 	commissioner determines that (1) the fund or requester receiving the contributions no 
15.20 	longer exists, (2) the requester has stopped providing services that are authorized to be 
15.21 	funded from the contribution proceeds, (3) the requester has requested discontinuance, or 
15.22 	(4) contributions have been used in violation of subdivision 6.
15.23 	(c) Nothing in this subdivision applies to plates issued under section 168.123, 
15.24 	168.124, 168.125, 168.1251, or 168.1255.
15.25 	(d) Upon commencing discontinuance of a proximate special plate under this 
15.26 	subdivision, the commissioner (1) shall not issue the plate, including as a duplicate; and 
15.27 	(2) shall allow retention of any existing plate for the regular period. For purposes of this 
15.28 	paragraph, "regular period" may be, as appropriate, the period specified under section 
15.29 	168.12, subdivision 1; the time until issuance of a duplicate plate for that vehicle; or as 
15.30 	otherwise provided by law.

15.31 	Sec. 22. Minnesota Statutes 2010, section 168D.01, subdivision 4, is amended to read:
15.32 		Subd. 4.Jurisdiction. "Jurisdiction" means a state of the United States, the District 
15.33 	of Columbia, a province or territory of Canada, and any other member jurisdiction of 
16.1 	the International Fuel Tax Agreement (IFTA) compact as approved by Congress in the 
16.2 	Intermodal Surface Transportation Efficiency Act (ISTEA), Public Law 102-40.

16.3 	Sec. 23. Minnesota Statutes 2010, section 168D.02, subdivision 1, is amended to read:
16.4 		Subdivision 1.Authority. (a) The commissioner of public safety may enter into an 
16.5 	agreement or arrangement with the duly authorized representative of another jurisdiction 
16.6 	or make an independent declaration granting to motor carriers of qualified motor vehicles 
16.7 	properly registered or licensed in another member jurisdiction benefits, privileges, and 
16.8 	exemptions from paying, wholly or partially, fuel taxes, fees, or other charges imposed 
16.9 	for operating the vehicles under the laws of Minnesota. The agreement, arrangement, 
16.10 	or declaration may impose terms and conditions consistent with federal and state laws 
16.11 	and regulations.
16.12 	(b) The commissioner of public safety may ratify and effectuate an international 
16.13 	fuel tax agreement or other fuel tax agreement in accordance with state and federal 
16.14 	authorities. The commissioner's authority includes collecting fuel taxes due, issuing fuel 
16.15 	licenses, issuing refunds, conducting audits, assessing penalties and interest, issuing fuel 
16.16 	trip permits, issuing decals, and suspending or denying licensing.
16.17 	(c) Based on these powers, the commissioner and the state of Minnesota have 
16.18 	entered into a formal agreement with other states of the United States, the District of 
16.19 	Columbia, provinces and territories of Canada, and any other member jurisdiction of 
16.20 	the International Fuel Tax Agreement (IFTA) compact as approved by Congress in the 
16.21 	Intermodal Surface Transportation Efficiency Act (ISTEA), Public Law 102-40, to assess 
16.22 	and collect fuel tax in a uniform and consistent manner across jurisdictions.

16.23 	Sec. 24. Minnesota Statutes 2010, section 169.771, subdivision 1, is amended to read:
16.24 		Subdivision 1.Inspection program. The intent of this section is to establish a motor 
16.25 	vehicle inspection program administered by the commissioner of public safety evidencing 
16.26 	substantial compliance with the federal Highway Safety Act of 1966, Public Law 89-564.

16.27 	Sec. 25. Minnesota Statutes 2010, section 174.82, is amended to read:
16.28 	174.82 COMMUTER RAIL; COMMISSIONER'S DUTIES; CONTRACTS.
16.29 	The planning, development, construction, operation, and maintenance of commuter 
16.30 	rail track, facilities, and services are governmental functions, serve a public purpose, and 
16.31 	are a matter of public necessity. The commissioner shall be responsible for all aspects of 
16.32 	planning, developing, constructing, operating, and maintaining commuter rail, including 
16.33 	system planning, advanced corridor planning, preliminary engineering, final design, 
17.1 	construction, negotiating with railroads, and developing financial and operating plans. 
17.2 	The commissioner may enter into a memorandum of understanding or agreement with a 
17.3 	public or private entity, including a regional railroad authority, a joint powers board, and 
17.4 	a railroad, to carry out these activities. The commissioner, or public entity contracting 
17.5 	with the commissioner, may contract with a railroad that is a Class I railroad under 
17.6 	federal law for the joint or shared use of the railroad's right-of-way or the construction, 
17.7 	operation, or maintenance of rail track, facilities, or services for commuter rail purposes. 
17.8 	Notwithstanding section 3.732, subdivision 1, clause (2), or section 466.01, subdivision 6, 
17.9 	sections 466.04 and 466.06 govern the liability of the Class I railroad and its employees 
17.10 	arising from the joint or shared use of the railroad right-of-way or the provision of 
17.11 	commuter rail construction, operation, or maintenance services pursuant to the contract. 
17.12 	Notwithstanding any law to the contrary, a contract with the Class I railroad for any 
17.13 	commuter rail service, or joint or shared use of the railroad's right-of-way, may also 
17.14 	provide for the allocation of financial responsibility, indemnification, and the procurement 
17.15 	of insurance for the parties for all types of claims or damages. A contract entered into 
17.16 	under this section does not affect rights of employees under the federal Employers
17.17 	Employers' Liability Act (1908) (Railroads), Statutes at Large, volume 35, chapter 149, or 
17.18 	the federal Railway Labor Act, Statutes at Large, volume 44, chapter 347.

17.19 	Sec. 26. Minnesota Statutes 2010, section 203B.06, subdivision 3, is amended to read:
17.20 		Subd. 3.Delivery of ballots. (a) If an application for absentee ballots is accepted 
17.21 	at a time when absentee ballots are not yet available for distribution, the county auditor, 
17.22 	or municipal clerk accepting the application shall file it and as soon as absentee ballots 
17.23 	are available for distribution shall mail them to the address specified in the application. 
17.24 	If an application for absentee ballots is accepted when absentee ballots are available for 
17.25 	distribution, the county auditor or municipal clerk accepting the application shall promptly:
17.26 	(1) mail the ballots to the voter whose signature appears on the application if the 
17.27 	application is submitted by mail and does not request commercial shipping under clause 
17.28 	(2);
17.29 	(2) ship the ballots to the voter using a commercial shipper requested by the voter at 
17.30 	the voter's expense;
17.31 	(3) deliver the absentee ballots directly to the voter if the application is submitted in 
17.32 	person; or
17.33 	(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 
17.34 	been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 
17.35 	voter who would have difficulty getting to the polls because of incapacitating health 
18.1 	reasons, or who is disabled, or who is a patient in a health care facility, a resident of 
18.2 	a facility providing assisted living services governed by chapter 144G, a participant in 
18.3 	a residential program for adults licensed under section 245A.02, subdivision 14, or a 
18.4 	resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
18.5 	(b) If an application does not indicate the election for which absentee ballots are 
18.6 	sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the 
18.7 	next election occurring after receipt of the application. Only one set of ballots may be 
18.8 	mailed, shipped, or delivered to an applicant for any election, except as provided in section 
18.9 	203B.13 203B.121, subdivision 2, or when a replacement ballot has been requested by the 
18.10 	voter for a ballot that has been spoiled or lost in transit.

18.11 	Sec. 27. Minnesota Statutes 2010, section 204B.34, subdivision 1, is amended to read:
18.12 		Subdivision 1.State elections. At least 15 days before any state primary or state 
18.13 	general election the municipal clerk shall post in the clerk's office a notice stating the 
18.14 	officers tooffices for which candidates must be nominated or elected, the location of each 
18.15 	polling place in the municipality, and the hours for voting. An optional provision of the 
18.16 	notice may include municipal officers tooffices for which candidates must be nominated 
18.17 	or elected. The county auditor shall post a similar notice in the auditor's office including 
18.18 	information concerning any polling places in unorganized territory in the county. The 
18.19 	governing body of a municipality or county may publish this notice in addition to posting 
18.20 	it. Failure to give the notice required in this section shall not invalidate a state primary 
18.21 	or state general election.

18.22 	Sec. 28. Minnesota Statutes 2010, section 204C.13, subdivision 6, is amended to read:
18.23 		Subd. 6.Challenge of voter; time limits; disposition of ballots. At any time 
18.24 	before the ballots of any voter are deposited in the ballot boxes, the election judges or 
18.25 	any individual who was not present at the time the voter procured the ballots, but not 
18.26 	otherwise, may challenge the eligibility of that voter and the deposit of any received 
18.27 	absentee ballots in the ballot boxes. The election judges shall determine the eligibility of 
18.28 	any voter who is present in the polling place in the manner provided in section 204C.12, 
18.29 	and if the voter is found to be not eligible to vote, shall place the ballots of that voter 
18.30 	unopened among the spoiled ballots. The election judges shall determine whether to 
18.31 	receive or reject the ballots of an absent voter and whether to deposit received absentee 
18.32 	ballots in the ballot boxes in the manner provided in sections 203B.12, 203B.121 and
18.33 	203B.24, and 203B.25, and shall dispose of any absentee ballots not received or deposited 
19.1 	in the manner provided in section 203B.12 203B.121. A violation of this subdivision by 
19.2 	an election judge is a gross misdemeanor.

19.3 	Sec. 29. Minnesota Statutes 2010, section 205A.10, subdivision 2, is amended to read:
19.4 		Subd. 2.Election, conduct. A school district election must be by secret ballot and 
19.5 	must be held and the returns made in the manner provided for the state general election, as 
19.6 	far as practicable. The vote totals from an absenteea ballot board established pursuant 
19.7 	to section 203B.13 203B.121 may be tabulated and reported by the school district as a 
19.8 	whole rather than by precinct. For school district elections not held in conjunction with a 
19.9 	statewide election, the school board shall appoint election judges as provided in section 
19.10 	204B.21, subdivision 2. The provisions of sections 204B.19, subdivision 5; 204B.21, 
19.11 	subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party 
19.12 	balance in appointment of judges and to duties to be performed by judges of different 
19.13 	major political parties do not apply to school district elections not held in conjunction 
19.14 	with a statewide election.

19.15 	Sec. 30. Minnesota Statutes 2010, section 216B.1691, subdivision 5, is amended to 
19.16 	read:
19.17 		Subd. 5.Technology based on fuel combustion. (a) Electricity produced by fuel 
19.18 	combustion through fuel blending or co-firing under paragraph (b) may only count toward 
19.19 	a utility's objectives or standards if the generation facility:
19.20 	(1) was constructed in compliance with new source performance standards 
19.21 	promulgated under the federal Clean Air Act, United States Code, title 42, section 7401 et 
19.22 	seq., for a generation facility of that type; or
19.23 	(2) employs the maximum achievable or best available control technology available 
19.24 	for a generation facility of that type.
19.25 	(b) An eligible energy technology may blend or co-fire a fuel listed in subdivision 1, 
19.26 	paragraph (a), clause (5), with other fuels in the generation facility, but only the percentage 
19.27 	of electricity that is attributable to a fuel listed in that clause can be counted toward an 
19.28 	electric utility's renewable energy objectives.

19.29 	Sec. 31. Minnesota Statutes 2010, section 216B.1692, subdivision 1, is amended to 
19.30 	read:
19.31 		Subdivision 1.Qualifying projects. Projects that may be approved for the 
19.32 	emissions reduction-rate rider allowed in this section must:
20.1 	(1) be installed on existing large electric generating power plants, as defined in 
20.2 	section 216B.2421, subdivision 2, clause (1), that are located in the state and that are 
20.3 	currently not subject to emissions limitations for new power plants under the federal Clean 
20.4 	Air Act, United States Code, title 42, section 7401 et seq.;
20.5 	(2) not increase the capacity of the existing electric generating power plant more 
20.6 	than ten percent or more than 100 megawatts, whichever is greater; and
20.7 	(3) result in the existing plant either:
20.8 	(i) complying with applicable new source review standards under the federal Clean 
20.9 	Air Act; or
20.10 	(ii) emitting air contaminants at levels substantially lower than allowed for new 
20.11 	facilities by the applicable new source performance standards under the federal Clean 
20.12 	Air Act; or
20.13 	(iii) reducing emissions from current levels at a unit to the lowest cost-effective level 
20.14 	when, due to the age or condition of the generating unit, the public utility demonstrates 
20.15 	that it would not be cost-effective to reduce emissions to the levels in item (i) or (ii).

20.16 	Sec. 32. Minnesota Statutes 2010, section 216B.1692, subdivision 2, is amended to 
20.17 	read:
20.18 		Subd. 2.Proposal submission. A public utility that intends to submit a proposal 
20.19 	for an emissions-reduction rider under this section must submit to the commission, 
20.20 	the department, the Pollution Control Agency, and interested parties its plans for 
20.21 	emissions-reduction projects at its generating facilities. This submission must be made at 
20.22 	least 60 days in advance of a petition for a rider and shall include:
20.23 	(1) the priority order of emissions-reduction projects the utility plans to pursue at 
20.24 	its generating facilities;
20.25 	(2) the planned schedule for implementation;
20.26 	(3) the analysis and considerations relied on by the public utility to develop that 
20.27 	priority ranking;
20.28 	(4) the alternative emissions-reduction projects considered, including but not limited 
20.29 	to applications of the best available control technology and repowering with natural gas, 
20.30 	and reasons for not pursuing them;
20.31 	(5) the emissions reductions expected to be achieved by the projects and their 
20.32 	relation to applicable standards for new facilities under the federal Clean Air Act, United 
20.33 	States Code, title 42, section 7401 et seq.; and
20.34 	(6) the general rationale and conclusions of the public utility in determining the 
20.35 	priority ranking.

21.1 	Sec. 33. Minnesota Statutes 2010, section 216C.01, subdivision 1a, is amended to read:
21.2 		Subd. 1a.Alternative fuel. "Alternative fuel" means natural gas; liquefied 
21.3 	petroleum gas; hydrogen; coal-derived liquefied fuels; electricity; methanol, denatured 
21.4 	ethanol, and other alcohols; mixtures containing 85 percent or more, or other percentage 
21.5 	as may be set by regulation by the Secretary of the United States Department of Energy, 
21.6 	by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; 
21.7 	fuels other than alcohol that are derived from biological materials; and other fuel that the 
21.8 	Secretary of the United States Department of Energy determines by regulation to be an 
21.9 	alternative fuel within the meaning of section 301(2) of the National Energy Policy Act of 
21.10 	1992, Public Law 102-486, and intended for use in motor vehicles.

21.11 	Sec. 34. Minnesota Statutes 2010, section 219.01, is amended to read:
21.12 	219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.
21.13 	(a) The track safety standards of the United States Department of Transportation and 
21.14 	Federal Railroad Administration apply to railroad trackage and are the standards for the 
21.15 	determination of unsafe trackage within the state.
21.16 	(b) The commissioner of transportation shall apply to the Federal Railroad 
21.17 	Administration under Public Law 110-432, the Railroad Rail Safety Enhancement
21.18 	Improvement Act of 2008 (the act), for (1) railroad safety technology grant funding 
21.19 	available under section 105 of the act and (2) development and installation of rail safety 
21.20 	technology, including provision for switch position indicator signals in nonsignalized 
21.21 	main track territory, under section 406 of the act. The commissioner shall respond and 
21.22 	make application to the Federal Railroad Administration notice of funds availability under 
21.23 	the Rail Safety Assurance Improvement Act in a timely manner and before the date of the 
21.24 	program deadline to assure full consideration of the application. The commissioner shall 
21.25 	(i) prioritize grant requests for the installation of switch indicator signals on all segments 
21.26 	of nonsignalized track where posted speeds are in excess of 20 miles per hour and (ii) 
21.27 	apply for grant funding in each year after 2010 until all nonsignalized track territory in the 
21.28 	state has switch indicator signals installed and in operation.
21.29 	(c) Prior to applying for funds under paragraph (b), the commissioner shall solicit 
21.30 	grant requests from all eligible railroads. The commissioner shall submit written notice to 
21.31 	the chairs of the legislative committees with jurisdiction over transportation policy and 
21.32 	finance of an acceptance by a class I or class II railroad of federal grant program funding 
21.33 	for switch point indicator monitor systems.
21.34 	(d) Participating railroads shall provide the 20 percent nonfederal match. Railroads 
21.35 	shall provide all technical documentation requested by the commissioner and required by 
22.1 	the Federal Railroad Administration for the applications under paragraph (b). Railroads 
22.2 	are responsible for developing, acquiring, and installing all rail safety technology obtained 
22.3 	under this section in accordance with requirements established by the Federal Railroad 
22.4 	Administration.

22.5 	Sec. 35. Minnesota Statutes 2010, section 239.002, is amended to read:
22.6 	239.002 PURPOSE AND POLICY.
22.7 	In recognition of the facts that (1) only about one dozen countries in the world have 
22.8 	not yet adopted or begun to implement the metric system of weights and measures; (2) the 
22.9 	United States is one, and the only major industrialized nation, of that remaining number; 
22.10 	(3) the secretary of commerce of the United States, pursuant to a two-year study under the 
22.11 	Metric Study Act of 1968, Public Law 90-472, has recommended that the United States 
22.12 	now begin a deliberate change to the metric system; (4) economists and other students 
22.13 	of international trade recognize the pressing necessity of such a change if this country is 
22.14 	to maintain and improve its rightful place in the world trade community; and (5) as the 
22.15 	continued economic growth of this state and its local industry is inextricably linked with 
22.16 	the ability of the United States to hold and competitively serve foreign export markets, it 
22.17 	is, therefore, declared to be in the best interest of the state of Minnesota and its citizens 
22.18 	that this state now begin the gradual but deliberate implementation of the metric system 
22.19 	of weights and measures.

22.20 	Sec. 36. Minnesota Statutes 2010, section 245B.031, subdivision 5, is amended to read:
22.21 		Subd. 5.Commissioner request to the Commission on Rehabilitation Facilities 
22.22 	to expand accreditation survey. The commissioner shall submit a request to the 
22.23 	Commission on Rehabilitation Facilities to routinely inspect for compliance with standards 
22.24 	that are similar to the following nonexempt licensing requirements:
22.25 	(1) section 245A.54;
22.26 	(2) (1) section 245A.65;
22.27 	(3) (2) section 245A.66;
22.28 	(4) (3) section 245B.05, subdivisions 1, 2, and 7;
22.29 	(5) (4) section 245B.055;
22.30 	(6) (5) section 245B.06, subdivisions 2, 7, 9, and 10;
22.31 	(7) (6) section 245B.07, subdivisions 2, 5, and 8, paragraph (a), clause (7);
22.32 	(8) (7) section 245C.04, subdivision 1, paragraph (f);
22.33 	(9) (8) section 245C.07;
22.34 	(10) (9) section 245C.13, subdivision 2;
23.1 	(11) (10) section 245C.20; and
23.2 	(12) (11) Minnesota Rules, parts 9525.2700 to 9525.2810.

23.3 	Sec. 37. Minnesota Statutes 2010, section 256B.0625, subdivision 14, is amended to 
23.4 	read:
23.5 		Subd. 14.Diagnostic, screening, and preventive services. (a) Medical assistance 
23.6 	covers diagnostic, screening, and preventive services.
23.7 	(b) "Preventive services" include services related to pregnancy, including:
23.8 	(1) services for those conditions which may complicate a pregnancy and which may 
23.9 	be available to a pregnant woman determined to be at risk of poor pregnancy outcome;
23.10 	(2) prenatal HIV risk assessment, education, counseling, and testing; and
23.11 	(3) alcohol abuse assessment, education, and counseling on the effects of alcohol 
23.12 	usage while pregnant. Preventive services available to a woman at risk of poor pregnancy 
23.13 	outcome may differ in an amount, duration, or scope from those available to other 
23.14 	individuals eligible for medical assistance.
23.15 	(c) "Screening services" include, but are not limited to, blood lead tests.
23.16 	(d) The commissioner shall encourage, at the time of the child and teen checkup or 
23.17 	at an episodic care visit, the primary care health care provider to perform primary caries 
23.18 	preventive services. Primary caries preventive services include, at a minimum:
23.19 	(1) a general visual examination of the child's mouth without using probes or other 
23.20 	dental equipment or taking radiographs;
23.21 	(2) a risk assessment using the factors established by the American Academies 
23.22 	of Pediatrics and Pediatric Dentistry; and
23.23 	(3) the application of a fluoride varnish beginning at age one to those children 
23.24 	assessed by the provider as being high risk in accordance with best practices as defined by 
23.25 	the Department of Human Services. The provider must obtain parental or legal guardian 
23.26 	consent before a fluoride treatment is applied to a minor child's teeth.
23.27 	(e) Parental or legal guardian consent must be obtained before a fluoride treatment is 
23.28 	applied to a minor child's teeth.
23.29 	At each checkup, if primary caries preventive services are provided, the provider must 
23.30 	provide to the child's parent or legal guardian: information on caries etiology and 
23.31 	prevention; and information on the importance of finding a dental home for their child 
23.32 	by the age of one. The provider must also advise the parent or legal guardian to contact 
23.33 	the child's managed care plan or the Department of Human Services in order to secure a 
23.34 	dental appointment with a dentist. The provider must indicate in the child's medical record 
24.1 	that the parent or legal guardian was provided with this information and document any 
24.2 	primary caries prevention services provided to the child.

24.3 	Sec. 38. Minnesota Statutes 2010, section 260D.07, is amended to read:
24.4 	260D.07 REQUIRED PERMANENCY REVIEW HEARING.
24.5 	(a) When the court has found that the voluntary arrangement is in the child's best 
24.6 	interests and that the agency and parent are appropriately planning for the child pursuant 
24.7 	to the report submitted under section 260D.06, and the child continues in voluntary foster 
24.8 	care as defined in section 260D.02, subdivision 10, for 13 months from the date of the 
24.9 	voluntary foster care agreement, or has been in placement for 15 of the last 22 months, the 
24.10 	agency must:
24.11 	(1) terminate the voluntary foster care agreement and return the child home; or
24.12 	(2) determine whether there are compelling reasons to continue the voluntary foster 
24.13 	care arrangement and, if the agency determines there are compelling reasons, seek judicial 
24.14 	approval of its determination; or
24.15 	(3) file a petition for the termination of parental rights.
24.16 	(b) When the agency is asking for the court's approval of its determination that there 
24.17 	are compelling reasons to continue the child in the voluntary foster care arrangement, the 
24.18 	agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary 
24.19 	Foster Care for Treatment" and ask the court to proceed under this section.
24.20 	(c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster 
24.21 	Care for Treatment" shall be drafted or approved by the county attorney and be under 
24.22 	oath. The petition shall include:
24.23 	(1) the date of the voluntary placement agreement;
24.24 	(2) whether the petition is due to the child's developmental disability or emotional 
24.25 	disturbance;
24.26 	(3) the plan for the ongoing care of the child and the parent's participation in the plan;
24.27 	(4) a description of the parent's visitation and contact with the child;
24.28 	(5) the date of the court finding that the foster care placement was in the best 
24.29 	interests of the child, if required under section 260D.06, or the date the agency filed the 
24.30 	motion under section 260D.09, paragraph (b);
24.31 	(6) the agency's reasonable efforts to finalize the permanent plan for the child, 
24.32 	including returning the child to the care of the child's family; and
24.33 	(7) a citation to this chapter as the basis for the petition.
24.34 	(d) An updated copy of the out-of-home placement plan required under section 
24.35 	260C.212, subdivision 1, shall be filed with the petition.
25.1 	(e) The court shall set the date for the permanency review hearing no later than 14 
25.2 	months after the child has been in placement or within 30 days of the petition filing date 
25.3 	when the child has been in placement 15 of the last 22 months. The court shall serve the 
25.4 	petition together with a notice of hearing by United States mail on the parent, the child 
25.5 	age 12 or older, the child's guardian ad litem, if one has been appointed, the agency, the 
25.6 	county attorney, and counsel for any party.
25.7 	(f) The court shall conduct the permanency review hearing on the petition no later 
25.8 	than 14 months after the date of the voluntary placement agreement, within 30 days of the 
25.9 	filing of the petition when the child has been in placement 15 days of the last 22 months, 
25.10 	or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster 
25.11 	care under chapter 260C, as provided in section 260D.09, paragraph (b).
25.12 	(g) At the permanency review hearing, the court shall:
25.13 	(1) inquire of the parent if the parent has reviewed the "Petition for Permanency 
25.14 	Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is 
25.15 	accurate, and whether the parent agrees to the continued voluntary foster care arrangement 
25.16 	as being in the child's best interests;
25.17 	(2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts 
25.18 	to finalize the permanent plan for the child, including whether there are services available 
25.19 	and accessible to the parent that might allow the child to safely be with the child's family;
25.20 	(3) inquire of the parent if the parent consents to the court entering an order that:
25.21 	(i) approves the responsible agency's reasonable efforts to finalize the permanent 
25.22 	plan for the child, which includes ongoing future planning for the safety, health, and best 
25.23 	interests of the child; and
25.24 	(ii) approves the responsible agency's determination that there are compelling 
25.25 	reasons why the continued voluntary foster care arrangement is in the child's best 
25.26 	interests; and
25.27 	(4) inquire of the child's guardian ad litem and any other party whether the guardian 
25.28 	or the party agrees that:
25.29 	(i) the court should approve the responsible agency's reasonable efforts to finalize 
25.30 	the permanent plan for the child, which includes ongoing and future planning for the 
25.31 	safety, health, and best interests of the child; and
25.32 	(ii) the court should approve of the responsible agency's determination that there 
25.33 	are compelling reasons why the continued voluntary foster care arrangement is in the 
25.34 	child's best interests.
25.35 	(h) At a permanency review hearing under this section, the court may take the 
25.36 	following actions based on the contents of the sworn petition and the consent of the parent:
26.1 	(1) approve the agency's compelling reasons that the voluntary foster care 
26.2 	arrangement is in the best interests of the child; and
26.3 	(2) find that the agency has made reasonable efforts to finalize the permanent plan 
26.4 	for the child.
26.5 	(i) A child, age 12 or older, may object to the agency's request that the court approve 
26.6 	its compelling reasons for the continued voluntary arrangement and may be heard on the 
26.7 	reasons for the objection. Notwithstanding the child's objection, the court may approve 
26.8 	the agency's compelling reasons and the voluntary arrangement.
26.9 	(j) If the court does not approve the voluntary arrangement after hearing from the 
26.10 	child or the child's guardian ad litem, the court shall dismiss the petition. In this case, 
26.11 	either:
26.12 	(1) the child must be returned to the care of the parent; or
26.13 	(2) the agency must file a petition under section 260C.141, asking for appropriate 
26.14 	relief under section 260C.201, subdivision 11, or 260C.301.
26.15 	(k) When the court approves the agency's compelling reasons for the child to 
26.16 	continue in voluntary foster care for treatment, and finds that the agency has made 
26.17 	reasonable efforts to finalize a permanent plan for the child, the court shall approve the 
26.18 	continued voluntary foster care arrangement, and continue the matter under the court's 
26.19 	jurisdiction for the purposes of reviewing the child's placement every 12 months while 
26.20 	the child is in foster care.
26.21 	(l) A finding that the court approves the continued voluntary placement means 
26.22 	the agency has continued legal authority to place the child while a voluntary placement 
26.23 	agreement remains in effect. The parent or the agency may terminate a voluntary 
26.24 	agreement as provided in section 260D.10. Termination of a voluntary foster care 
26.25 	placement of an Indian child is governed by section 260.765, subdivision 4.

26.26 	Sec. 39. Minnesota Statutes 2010, section 268.046, subdivision 1, is amended to read:
26.27 		Subdivision 1.Tax accounts assigned. (a) Any person that contracts with a 
26.28 	taxpaying employer to have that person obtain the taxpaying employer's workforce and 
26.29 	provide workers to the taxpaying employer for a fee is, as of the effective date of the 
26.30 	contract, assigned for the duration of the contract the taxpaying employer's account under 
26.31 	section 268.045. That tax account must be maintained by the person separate and distinct 
26.32 	from every other tax account held by the person and identified in a manner prescribed by 
26.33 	the commissioner. The tax account is, for the duration of the contract, considered that 
26.34 	person's account for all purposes of this chapter. The workers obtained from the taxpaying 
26.35 	employer and any other workers provided by that person to the taxpaying employer, 
27.1 	including officers of the taxpaying employer as defined in section 268.035, subdivision 
27.2 	20, clause (28) (29), whose wages paid by the person are considered paid in covered 
27.3 	employment under section 268.035, subdivision 24, for the duration of the contract 
27.4 	between the taxpaying employer and the person, must, under section 268.044, be reported 
27.5 	on the wage detail report under that tax account, and that person must pay any taxes due at 
27.6 	the tax rate computed for that account under section 268.051, subdivision 2.
27.7 	(b) Any workers of the taxpaying employer who are not covered by the contract 
27.8 	under paragraph (a) must be reported by the taxpaying employer as a separate unit on the 
27.9 	wage detail report under the tax account assigned under paragraph (a). Taxes and any 
27.10 	other amounts due on the wages reported by the taxpaying employer under this paragraph 
27.11 	may be paid directly by the taxpaying employer.
27.12 	(c) If the taxpaying employer that contracts with a person under paragraph (a) does 
27.13 	not have a tax account at the time of the execution of the contract, an account must be 
27.14 	registered for the taxpaying employer under section 268.042 and the new employer tax 
27.15 	rate under section 268.051, subdivision 5, must be assigned. The tax account is then 
27.16 	assigned to the person as provided for in paragraph (a).
27.17 	(d) A person that contracts with a taxpaying employer under paragraph (a) 
27.18 	must, within 30 calendar days of the execution or termination of a contract, notify the 
27.19 	commissioner by electronic transmission, in a format prescribed by the commissioner, 
27.20 	of that execution or termination. The taxpaying employer's name, the account number 
27.21 	assigned, and any other information required by the commissioner must be provided 
27.22 	by that person.
27.23 	(e) Any contract subject to paragraph (a) must specifically inform the taxpaying 
27.24 	employer of the assignment of the tax account under this section and the taxpaying 
27.25 	employer's obligation under paragraph (b). If there is a termination of the contract, the tax 
27.26 	account is, as of the date of termination, immediately assigned to the taxpaying employer.

27.27 	Sec. 40. Minnesota Statutes 2010, section 273.054, is amended to read:
27.28 	273.054 DUTIES AND POWERS OF ASSESSOR.
27.29 	A county assessor appointed in an electing county shall have all the duties and 
27.30 	powers provided by statute, except those inconsistent with Laws 1969, chapter 989
27.31 	sections 273.05, 273.051, 273.052, 273.053, 273.055, and 273.056.

27.32 	Sec. 41. Minnesota Statutes 2010, section 273.063, is amended to read:
27.33 	273.063 APPLICATION; LIMITATIONS.
28.1 	The provisions of Extra Session Laws 1967, Chapter 32, Article 8,sections 272.161, 
28.2 	273.061, 273.062, 273.063, 273.072, 273.08, 273.10, 274.01, and 375.192 shall apply to 
28.3 	all counties except Ramsey County. The following limitations shall apply as to the extent 
28.4 	of the county assessors jurisdiction:
28.5 	In counties having a city of the first class, the powers and duties of the county 
28.6 	assessor within such city shall be performed by the duly appointed city assessor. In all 
28.7 	other cities having a population of 30,000 persons or more, according to the last preceding 
28.8 	federal census, except in counties having a county assessor on January 1, 1967, the 
28.9 	powers and duties of the county assessor within such cities shall be performed by the duly 
28.10 	appointed city assessor, provided that the county assessor shall retain the supervisory 
28.11 	duties contained in section 273.061, subdivision 8. 

28.12 	Sec. 42. Minnesota Statutes 2010, section 273.1103, is amended to read:
28.13 	273.1103 NET DEBT, TERMINOLOGY OF LAWS OR CHARTERS.
28.14 	Net debt incurred by any political subdivision or other public corporation for which 
28.15 	any law or any charter provision provides a limit expressed as a percentage of the assessed 
28.16 	value or the full and true value of taxable property (except any adjusted assessed value 
28.17 	determined by the commissioner under section 124.2131 127A.48) shall not exceed 
28.18 	33-1/3 percent of such limit until and unless such law or charter is amended to provide a 
28.19 	different limit. 

28.20 	Sec. 43. Minnesota Statutes 2010, section 279.33, is amended to read:
28.21 	279.33 CANCELLATION OF CERTIFICATES OF FORFEITURE FOR 
28.22 	LANDS WHICH WERE EXEMPT.
28.23 	Where a certificate of forfeiture required by section 281.23, subdivision 8 9, 
28.24 	describing lands which were exempt from taxation under the laws of the United States in 
28.25 	the year upon which the supposed forfeiture is based, or which describes lands that were 
28.26 	owned by the state of Minnesota, or some department or subdivision thereof, at the time 
28.27 	the supposed forfeiture took place or lands which, because of defective service of the 
28.28 	notice of forfeiture or other reason, the title thereto did not in fact forfeit to the state, has 
28.29 	been erroneously recorded or filed, such forfeiture may be set aside and such certificate 
28.30 	may be canceled as to any such lands in the manner provided in section 279.34. 

28.31 	Sec. 44. Minnesota Statutes 2010, section 295.75, subdivision 9, is amended to read:
28.32 		Subd. 9.Administration. Unless specifically provided otherwise by this section, 
28.33 	the audit, assessment, refund, penalty, interest, enforcement, collection remedies, appeal, 
29.1 	and administrative provisions of chapters 270 270C and 289A that are applicable to taxes 
29.2 	imposed under chapter 297A apply to taxes imposed under this section.

29.3 	Sec. 45. Minnesota Statutes 2010, section 297I.01, subdivision 16, is amended to read:
29.4 		Subd. 16.Taxpayer. "Taxpayer" means any insurance company, association, 
29.5 	surplus lines licensee, automobile risk self-insurer, or insured or any other person or entity 
29.6 	required to pay any amount due under this chapter.

29.7 	Sec. 46. Minnesota Statutes 2010, section 299F.56, subdivision 11, is amended to read:
29.8 		Subd. 11.Gas pipeline facilities. "Gas pipeline facilities" includes, without 
29.9 	limitation, new and existing pipe, rights-of-way, and any equipment, facility, or building 
29.10 	used in the transportation of gas or the treatment of gas during the course of transportation. 
29.11 	"Pipeline facilities" shall not include any facilities subject to the jurisdiction of the Federal 
29.12 	Energy Regulatory Commission under the Natural Gas Act of the United States, Statutes 
29.13 	at Large, volume 52, chapter 556.

29.14 	Sec. 47. Minnesota Statutes 2010, section 299F.56, subdivision 16, is amended to read:
29.15 		Subd. 16.Transportation. "Transportation" means the gathering, transmission, 
29.16 	or distribution of gas or hazardous liquid by pipeline or its storage; except that it shall 
29.17 	not include any such transportation of gas or hazardous liquid which is subject to the 
29.18 	jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act of 
29.19 	the United States, Statutes at Large, volume 52, chapter 556,  and the federal Hazardous 
29.20 	Liquid Pipeline Safety Act of 1979, United States Code, title 49, section 60101 et seq., 
29.21 	or the gathering of gas or hazardous liquid in those rural locations which lie outside the 
29.22 	limits of any incorporated or unincorporated city, town, or any other designated residential 
29.23 	or commercial area such as a subdivision, a business or shopping center, a community 
29.24 	development, or any similar populated area which the Office of Pipeline Safety may 
29.25 	define as a nonrural area.

29.26 	Sec. 48. Minnesota Statutes 2010, section 299F.57, subdivision 1, is amended to read:
29.27 		Subdivision 1.Rules. (a) The commissioner may by rule establish additional or 
29.28 	more stringent safety standards for the transportation of gas and gas pipeline facilities. 
29.29 	Such standards may apply to the design, installation, inspection, testing, construction, 
29.30 	extension, operation, replacement, and maintenance of gas pipeline facilities. These 
29.31 	standards may include a requirement that individuals responsible for the operation and 
29.32 	maintenance of gas pipeline facilities be tested for qualifications and certified to perform 
30.1 	these functions. The standards may not prescribe the location or routing of a pipeline 
30.2 	facility. Standards affecting the design, installation, construction, initial inspection, and 
30.3 	initial testing shall not be applicable to pipeline facilities in existence on the date such 
30.4 	standards are adopted. Such safety standards shall be practicable and designed to meet the 
30.5 	need for pipeline safety.
30.6 	(b) In prescribing such standards, the commissioner shall consider:
30.7 	(1) relevant available pipeline safety data;
30.8 	(2) whether such standards are appropriate for the particular type of pipeline 
30.9 	transportation;
30.10 	(3) the reasonableness of any proposed standards;
30.11 	(4) the extent to which any such standards will contribute to public safety; and
30.12 	(5) the existing standards established by the Secretary of Transportation of the 
30.13 	United States pursuant to the federal Natural Gas Pipeline Safety Act.
30.14 	Provided, however, that the commissioner shall not be empowered to adopt any such 
30.15 	standards as to the transportation of gas or to pipeline facilities which are subject to the 
30.16 	jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act 
30.17 	of the United States, Statutes at Large, volume 52, chapter 556, except as provided 
30.18 	in sections 299J.01 to 299J.17.

30.19 	Sec. 49. Minnesota Statutes 2010, section 299J.03, subdivision 2, is amended to read:
30.20 		Subd. 2.Qualifications. (a) The director of the office must be knowledgeable in the 
30.21 	operation and safety aspects of pipelines.
30.22 	(b) Inspectors must have scientific or technical training or experience that 
30.23 	demonstrates in-depth knowledge of pipeline engineering technology and pipeline safety.
30.24 	(c) Inspectors shall complete courses at the Transportation Safety Institute and be 
30.25 	certified by the institute as soon as possible following appointment.
30.26 	(d) Inspectors shall meet the qualifications established by the federal government in 
30.27 	order for the state to participate in the pipeline safety grant programs under the federal 
30.28 	Natural Gas Pipeline Safety Act of 1968, Public Law 90-481, and the federal Hazardous 
30.29 	Liquid Pipeline Safety Act of 1979, United States Code, title 49, section 60101 et seq.

30.30 	Sec. 50. Minnesota Statutes 2010, section 299M.03, subdivision 2, is amended to read:
30.31 		Subd. 2.Journeyman certificate. Except for residential installations by the owner 
30.32 	of an occupied one- or two-family dwelling, a person may not install, connect, alter, repair, 
30.33 	or add to a fire protection system, under the supervision of a fire protection contractor, 
30.34 	unless annually certified to perform those duties as a journeyman sprinkler fitter or 
31.1 	as a registered apprentice sprinkler fitter. This subdivision does not apply to a person 
31.2 	maintaining or repairing a fire protection system if the system is located in a facility 
31.3 	regulated under the federal Mine Occupational Safety and Health Act of 1977, United 
31.4 	States Code, title 30, section 801 et seq.

31.5 	Sec. 51. Minnesota Statutes 2010, section 326B.118, is amended to read:
31.6 	326B.118 ENERGY CODE.
31.7 	Notwithstanding section 326B.115, The commissioner, in consultation with the 
31.8 	Construction Codes Advisory Council, shall explore and review the availability and 
31.9 	appropriateness of any model energy codes related to the construction of single one- and 
31.10 	two-family residential buildings. In consultation with the council, the commissioner shall 
31.11 	take steps to adopt the chosen code with all necessary and appropriate amendments.
31.12 	The commissioner may not adopt all or part of a model energy code relating to 
31.13 	the construction of residential buildings without research and analysis that addresses, 
31.14 	at a minimum, air quality, building durability, moisture, enforcement, enforceability 
31.15 	cost benefit, and liability. The research and analysis must be completed in cooperation 
31.16 	with practitioners in residential construction and building science and an affirmative 
31.17 	recommendation by the Construction Codes Advisory Council.

31.18 	Sec. 52. Minnesota Statutes 2010, section 326B.986, subdivision 4, is amended to read:
31.19 		Subd. 4.Hourly rate. The hourly rate for an inspection not set elsewhere in sections 
31.20 	326B.952 326B.954 to 326B.998 is $80 per hour. Inspection time includes all time related 
31.21 	to the inspection. Travel time, billed at the hourly rate, and travel expenses shall be billed 
31.22 	for shop inspections, triennial audits, boat stability tests, hydrostatic tests of a boiler or 
31.23 	pressure vessel, or any other inspection or consultation requiring a special trip.

31.24 	Sec. 53. Minnesota Statutes 2010, section 326B.992, is amended to read:
31.25 	326B.992 VIOLATIONS BY INSPECTORS.
31.26 	Every inspector who willfully certifies falsely regarding any boiler or its 
31.27 	attachments, or pressure vessel, or the hull and equipments of any steam vessel, or who 
31.28 	grants a license to any individual to act as engineer or master contrary to any provision of 
31.29 	sections 326B.952326B.954 to 326B.998, is guilty of a misdemeanor. In addition to this 
31.30 	punishment the inspector shall be removed from office forthwith.

32.1 	Sec. 54. Minnesota Statutes 2010, section 383D.411, is amended to read:
32.2 	383D.411 DAKOTA COUNTY COMMUNITY DEVELOPMENT 
32.3 	AUTHORITY AGENCY; PLAN MODIFICATION.
32.4 	Notwithstanding section 469.175, subdivision 4, the Dakota County Community 
32.5 	Development Authority Agency may designate additional property to be acquired by the 
32.6 	authority for a tax increment financing project without meeting the requirements for 
32.7 	approval of an original tax increment financing plan if the property:
32.8 	(1) consists of one or more parcels under common ownership;
32.9 	(2) is acquired from a willing seller;
32.10 	(3) is acquired for purposes of development as a housing project as defined in 
32.11 	section 469.174, subdivision 11; and
32.12 	(4) the acquisition is approved by the governing body of the authority after holding 
32.13 	a public hearing thereon after published notice in a newspaper of general circulation in 
32.14 	the municipality in which the property is located at least once not less than ten days nor 
32.15 	more than 30 days prior to the date of the hearing. The published notice must include a 
32.16 	map depicting the property and the general area of the municipality within which the 
32.17 	property is located. The hearing may be held before or at the time of authority approval 
32.18 	of the acquisition.

32.19 	Sec. 55. Minnesota Statutes 2010, section 394.21, subdivision 3, is amended to read:
32.20 		Subd. 3.Nuisance. Subdivision 1a does not prohibit a county from enforcing an 
32.21 	ordinance providing for the prevention or abatement of nuisances, as defined in section 
32.22 	561.01, or eliminating a use determined to be a public nuisance, as defined in section 
32.23 	617.81, subdivision 2, paragraph (a), clauses (1) to (9) clause (2), items (i) to (x), without 
32.24 	payment of compensation. 

32.25 	Sec. 56. Minnesota Statutes 2010, section 466.07, subdivision 1, is amended to read:
32.26 		Subdivision 1.Indemnification required. Subject to the limitations in section 
32.27 	466.04, a municipality or an instrumentality of a municipality shall defend and indemnify 
32.28 	any of its officers and employees, whether elective or appointive, for damages, including 
32.29 	punitive damages, claimed or levied against the officer or employee, provided that the 
32.30 	officer or employee: 
32.31 	(1) was acting in the performance of the duties of the position; and
32.32 	(2) was not guilty of malfeasance in office, willful neglect of duty, or bad faith.
32.33 	Notwithstanding any provisions to the contrary in section 123B.25, paragraph (b), 
32.34 	or 466.12, this section applies to all school districts, however organized. 

33.1 	Sec. 57. Minnesota Statutes 2010, section 501B.16, is amended to read:
33.2 	501B.16 PETITION FOR COURT ORDER.
33.3 	A trustee of an express trust by will or other written instrument or a person interested 
33.4 	in the trust may petition the district court for an order:
33.5 	(1) to confirm an action taken by a trustee;
33.6 	(2) upon filing of an account, to settle and allow the account;
33.7 	(3) to determine the persons having an interest in the income or principal of the trust 
33.8 	and the nature and extent of their interests;
33.9 	(4) to construe, interpret, or reform the terms of a trust, or authorize a deviation from 
33.10 	the terms of a trust, including a proceeding involving section 501B.31; 
33.11 	(5) to approve payment of the trustee's fees, attorneys' fees, accountants' fees, or any 
33.12 	other fees to be charged against the trust;
33.13 	(6) to confirm the appointment of a trustee;
33.14 	(7) to accept a trustee's resignation and discharge the trustee from the trust;
33.15 	(8) to require a trustee to account;
33.16 	(9) to remove a trustee for cause; or if the court finds that removal of the trustee best 
33.17 	serves the interests of all of the beneficiaries, is not inconsistent with a material purpose of 
33.18 	the trust, and one or more of the following elements is found:
33.19 	(i) the trustee has committed a serious breach of trust;
33.20 	(ii) lack of cooperation among cotrustees substantially impairs the administration of 
33.21 	the trust;
33.22 	(iii) the unfitness, unwillingness, or persistent failure of the trustee to administer 
33.23 	the trust effectively;
33.24 	(iv) there has been a substantial change of circumstances; or
33.25 	(v) removal is requested by all of the beneficiaries not under disability who, on the 
33.26 	date the petition is signed, either are current permissible distributees of trust income or 
33.27 	principal, or would be permissible distributees of trust income or principal if the trust 
33.28 	terminated on that date;
33.29 	(10) to appoint a successor trustee when required by the terms of the trust instrument 
33.30 	or when by reason of death, resignation, removal, or other cause there is no acting trustee;
33.31 	(11) to confirm an act performed in execution of the trust by a person while there 
33.32 	was no acting trustee;
33.33 	(12) to subject a trust to continuing court supervision under section 501B.23; 
33.34 	(13) to remove a trust from continuing court supervision under section 501B.23; 
33.35 	(14) to mortgage, lease, sell, or otherwise dispose of real property held by the trustee 
33.36 	notwithstanding any contrary provision of the trust instrument;
34.1 	(15) to suspend the powers and duties of a trustee in military service or war service 
34.2 	in accordance with section 525.95 and to order further action authorized in that section; 
34.3 	(16) to secure compliance with the provisions of sections 501B.33 to 501B.45, in 
34.4 	accordance with section 501B.41; 
34.5 	(17) to determine the validity of a disclaimer delivered or filed under section 
34.6 	501B.86 524.2-1114; 
34.7 	(18) to change the situs of a trust;
34.8 	(19) to redress a breach of trust;
34.9 	(20) to terminate a trust;
34.10 	(21) to divide a trust under section 501B.15; 
34.11 	(22) to merge two or more trusts under section 501B.15; or 
34.12 	(23) to instruct the trustee, beneficiaries, and any other interested parties in any 
34.13 	matter relating to the administration of the trust and the discharge of the trustee's duties.

34.14 	Sec. 58. Minnesota Statutes 2010, section 514.977, is amended to read:
34.15 	514.977 DEFAULT.
34.16 	If an occupant defaults in the payment of rent or otherwise breaches the rental 
34.17 	agreement, the owner may commence an unlawful detainer eviction action under section 
34.18 	504B.281 chapter 504B. 

34.19 	Sec. 59. Minnesota Statutes 2010, section 515B.1-102, is amended to read:
34.20 	515B.1-102 APPLICABILITY.
34.21 	(a) Except as provided in this section, this chapter, and not chapters 515 and 515A, 
34.22 	applies to all common interest communities created within this state on and after June 
34.23 	1, 1994.
34.24 	(b) The applicability of this chapter to common interest communities created prior to 
34.25 	June 1, 1994, shall be as follows:
34.26 	(1) This chapter shall apply to condominiums created under chapter 515A with 
34.27 	respect to events and circumstances occurring on and after June 1, 1994; provided (i) that 
34.28 	this chapter shall not invalidate the declarations, bylaws or condominium plats of those 
34.29 	condominiums, and (ii) that chapter 515A, and not this chapter, shall govern all rights and 
34.30 	obligations of a declarant of a condominium created under chapter 515A, and the rights 
34.31 	and claims of unit owners against that declarant.
34.32 	(2) The following sections in this chapter apply to condominiums created under 
34.33 	chapter 515: 515B.1-104 (Variation by Agreement); 515B.1-105 (Separate Titles and 
34.34 	Taxation); 515B.1-106 (Applicability of Local Requirements); 515B.1-107 (Eminent 
35.1 	Domain); 515B.1-108 (This Chapter Prevails; Supplemental Law); 515B.1-109
35.2 	(Construction Against Implicit Repeal); 515B.1-110 (Vacation of Abutting Publicly 
35.3 	Dedicated Property);515B.1-112 (Unconscionable Agreement or Term of Contract); 
35.4 	515B.1-113 (Obligation of Good Faith); 515B.1-114 (Remedies to be Liberally 
35.5 	Administered); 515B.1-115 (Notice); 515B.1-116 (Recording); 515B.2-103 (Construction 
35.6 	and Validity of Declaration and Bylaws); 515B.2-104 (Description of Units); 
35.7 	515B.2-108(d) (Allocation of Interests); 515B.2-109(c) (Common Elements and Limited 
35.8 	Common Elements); 515B.2-112 (Subdivision, Combination, or Conversion of Units); 
35.9 	515B.2-113 (Alteration of Units); 515B.2-114 (Relocation of Boundaries Between 
35.10 	Adjoining Units); 515B.2-115 (Minor Variations in Boundaries); 515B.2-118 (Amendment 
35.11 	of Declaration); 515B.2-119 (Termination of Common Interest Community); 515B.3-102
35.12 	(Powers of Unit Owners' Association); 515B.3-103(a), (b), and (g) (Board of Directors, 
35.13 	Officers, and Declarant Control); 515B.3-107 (Upkeep of Common Interest Community); 
35.14 	515B.3-108 (Meetings); 515B.3-109 (Quorums); 515B.3-110 (Voting; Proxies); 
35.15 	515B.3-111 (Tort and Contract Liability); 515B.3-112 (Conveyance of, or Creation 
35.16 	of Security Interests in, Common Elements); 515B.3-113 (Insurance); 515B.3-114
35.17 	(Replacement Reserves); 515B.3-115 (c), (e), (f), (g), (h), and (i) (Assessments for 
35.18 	Common Expenses); 515B.3-116 (Lien for Assessments); 515B.3-117 (Other Liens); 
35.19 	515B.3-118 (Association Records); 515B.3-119 (Association as Trustee); 515B.3-121
35.20 	(Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108 (Purchaser's Right to 
35.21 	Cancel Resale); and 515B.4-116 (Rights of Action; Attorney's Fees). Section 515B.1-103
35.22 	(Definitions) shall apply to the extent necessary in construing any of the sections 
35.23 	referenced in this section. Sections 515B.1-105, 515B.1-106, 515B.1-107, 515B.1-116, 
35.24 	515B.2-103, 515B.2-104, 515B.2-118, 515B.3-102, 515B.3-110, 515B.3-111, 515B.3-113, 
35.25 	515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107, 515B.4-108, and 
35.26 	515B.4-116 apply only with respect to events and circumstances occurring on and after 
35.27 	June 1, 1994. All other sections referenced in this section apply only with respect to events 
35.28 	and circumstances occurring after July 31, 1999. A section referenced in this section 
35.29 	does not invalidate the declarations, bylaws or condominium plats of condominiums 
35.30 	created before August 1, 1999. But all sections referenced in this section prevail over the 
35.31 	declarations, bylaws, CIC plats, rules and regulations under them, of condominiums 
35.32 	created before August 1, 1999, except to the extent that this chapter defers to the 
35.33 	declarations, bylaws, CIC plats, or rules and regulations issued under them.
35.34 	(3) This chapter shall not apply to cooperatives and planned communities created 
35.35 	prior to June 1, 1994, or to planned communities that were created on or after June 1, 
35.36 	1994, and before August 1, 2006, and that consist of more than two but fewer than 13 
36.1 	units; except by election pursuant to subsection (d), and except that sections 515B.1-116, 
36.2 	subsections (a), (c), (d), and (e), 515B.4-107, and 515B.4-108, apply to all planned 
36.3 	communities and cooperatives regardless of when they are created, unless they are exempt 
36.4 	under subsection (e).
36.5 	(c) This chapter shall not invalidate any amendment to the declaration, bylaws 
36.6 	or condominium plat of any condominium created under chapter 515 or 515A if the 
36.7 	amendment was recorded before June 1, 1994. Any amendment recorded on or after June 
36.8 	1, 1994, shall be adopted in conformity with the procedures and requirements specified by 
36.9 	those instruments and by this chapter. If the amendment grants to any person any rights, 
36.10 	powers or privileges permitted by this chapter, all correlative obligations, liabilities and 
36.11 	restrictions contained in this chapter shall also apply to that person.
36.12 	(d) Any condominium created under chapter 515, any planned community or 
36.13 	cooperative which would be exempt from this chapter under subsection (e), or any planned 
36.14 	community or cooperative created prior to June 1, 1994, or any planned community that 
36.15 	was created on or after June 1, 1994, and prior to August 1, 2006, and that consists of 
36.16 	more than two but fewer than 13 units, may elect to be subject to this chapter, as follows:
36.17 	(1) The election shall be accomplished by recording a declaration or amended 
36.18 	declaration, and a new or amended CIC plat where required, and by approving bylaws or 
36.19 	amended bylaws, which conform to the requirements of this chapter, and which, in the 
36.20 	case of amendments, are adopted in conformity with the procedures and requirements 
36.21 	specified by the existing declaration and bylaws of the common interest community, 
36.22 	and by any applicable statutes.
36.23 	(2) In a condominium, the preexisting condominium plat shall be the CIC plat and 
36.24 	an amended CIC plat shall be required only if the amended declaration or bylaws contain 
36.25 	provisions inconsistent with the preexisting condominium plat. The condominium's CIC 
36.26 	number shall be the apartment ownership number or condominium number originally 
36.27 	assigned to it by the recording officer. In a cooperative in which the unit owners' interests 
36.28 	are characterized as real estate, a CIC plat shall be required. In a planned community, 
36.29 	the preexisting plat or registered land survey recorded pursuant to chapter 505, 508, or 
36.30 	508A, or the part of the plat or registered land survey upon which the common interest 
36.31 	community is located, shall be the CIC plat.
36.32 	(3) The amendment shall comply with section 515B.2-118(a)(3) and (c); except that 
36.33 	the unanimous consent of the unit owners shall not be required for (i) a clarification of the 
36.34 	unit boundary description if the clarified boundary description is substantially consistent 
36.35 	with the preexisting CIC plat, or (ii) changes from common elements to limited common 
36.36 	elements that occur by operation of section 515B.2-109(c) and (d).
37.1 	(4) Except as permitted by paragraph (3), no declarant, affiliate of declarant, 
37.2 	association, master association nor unit owner may acquire, increase, waive, reduce or 
37.3 	revoke any previously existing warranty rights or causes of action that one of said persons 
37.4 	has against any other of said persons by reason of exercising the right of election under 
37.5 	this subsection.
37.6 	(5) A common interest community which elects to be subject to this chapter may, as 
37.7 	a part of the election process, change its form of ownership by complying with section 
37.8 	515B.2-123.
37.9 	(e) Except as otherwise provided in this subsection, this chapter shall not apply, 
37.10 	except by election pursuant to subsection (d), to the following:
37.11 	(1) a planned community which consists of two units, which utilizes a CIC plat 
37.12 	complying with section 515B.2-110(d)(1) and (2), which is not subject to any rights to 
37.13 	subdivide or convert units or to add additional real estate, and which is not subject to a 
37.14 	master association;
37.15 	(2) a common interest community that consists solely of platted lots or other 
37.16 	separate parcels of real estate designed or utilized for detached single family dwellings or 
37.17 	agricultural purposes, with or without common property, where no association or master 
37.18 	association has an obligation to maintain any building containing a dwelling or any 
37.19 	agricultural building located or to be located on such platted lots or parcels; except that 
37.20 	section 515B.4-101(e) shall apply to the sale of such platted lots or parcels of real estate if 
37.21 	the common interest community is or will be subject to a master declaration;
37.22 	(3) a cooperative where, at the time of creation of the cooperative, the unit owners' 
37.23 	interests in the dwellings as described in the declaration consist solely of proprietary 
37.24 	leases having an unexpired term of fewer than 20 years, including renewal options;
37.25 	(4) planned communities utilizing a CIC plat complying with section 
37.26 	515B.2-110(d)(1) and (2) and cooperatives, which are limited by the declaration to 
37.27 	nonresidential uses alone or in combination with residential rental uses in which individual 
37.28 	dwellings do not constitute units or other separate parcels of real estate; or
37.29 	(5) real estate subject only to an instrument or instruments filed primarily for the 
37.30 	purpose of creating or modifying rights with respect to access, utilities, parking, ditches, 
37.31 	drainage, or irrigation.
37.32 	(f) Section 515B.4-101(e) applies to any platted lot or other parcel of real estate that 
37.33 	is subject to a master declaration and is not subject to or is exempt from this chapter.
37.34 	(g) Section 515B.1-106 shall apply to all common interest communities.
37.35 	(h) The amendments in Laws 2010, chapter 267, to the following sections apply 
37.36 	only to common interest communities created on or after August 1, 2010: section 
38.1 	515B.1-103(33) and sections 515B.2-110, 515B.3-105, 515B.3-115, 515B.3-116, 
38.2 	515B.4-102, and 515B.4-115.
38.3 	(i) Section 515B.3-114, as amended by Laws 2010, chapter 267, applies to common 
38.4 	interest communities only for the association's fiscal years commencing on or after 
38.5 	January 1, 2012.
38.6 	(j) Section 515B.3-104, as amended by Laws 2010, chapter 267, is effective August 
38.7 	1, 2010, and applies to transfers of special declarant rights that are effective on or after 
38.8 	that date.

38.9 	Sec. 60. Minnesota Statutes 2010, section 517.08, subdivision 1b, is amended to read:
38.10 		Subd. 1b.Term of license; fee; premarital education. (a) The local registrar 
38.11 	shall examine upon oath the parties applying for a license relative to the legality of the 
38.12 	contemplated marriage. If one party is unable to appear in person, the party appearing 
38.13 	may complete the absent applicant's information. The local registrar shall provide a copy 
38.14 	of the marriage application to the party who is unable to appear, who must verify the 
38.15 	accuracy of the appearing party's information in a notarized statement. The marriage 
38.16 	license must not be released until the verification statement has been received by the local 
38.17 	registrar. If at the expiration of a five-day period, on being satisfied that there is no legal 
38.18 	impediment to it, including the restriction contained in section 259.13, the local registrar 
38.19 	shall issue the license, containing the full names of the parties before and after marriage, 
38.20 	and county and state of residence, with the county seal attached, and make a record of 
38.21 	the date of issuance. The license shall be valid for a period of six months. Except as 
38.22 	provided in paragraph (c), the local registrar shall collect from the applicant a fee of $115 
38.23 	for administering the oath, issuing, recording, and filing all papers required, and preparing 
38.24 	and transmitting to the state registrar of vital statistics the reports of marriage required 
38.25 	by this section. If the license should not be used within the period of six months due to 
38.26 	illness or other extenuating circumstances, it may be surrendered to the local registrar for 
38.27 	cancellation, and in that case a new license shall issue upon request of the parties of the 
38.28 	original license without fee. A local registrar who knowingly issues or signs a marriage 
38.29 	license in any manner other than as provided in this section shall pay to the parties 
38.30 	aggrieved an amount not to exceed $1,000.
38.31 	(b) In case of emergency or extraordinary circumstances, a judge of the district court 
38.32 	of the county in which the application is made may authorize the license to be issued at 
38.33 	any time before expiration of the five-day period required under paragraph (a). A waiver 
38.34 	of the five-day waiting period must be in the following form:
38.35 	STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
39.1 	APPLICATION FOR WAIVER OF MARRIAGE LICENSE WAITING PERIOD:
39.2 	................................................................................. (legal names of the applicants)
39.3 	Represent and state as follows:
39.4 	That on ......................... (date of application) the applicants applied to the local 
39.5 	registrar of the above-named county for a license to marry.
39.6 	That it is necessary that the license be issued before the expiration of five days 
39.7 	from the date of the application by reason of the following: (insert reason for requesting 
39.8 	waiver of waiting period)
39.9 	.............................................................................................................
39.10 	.............................................................................................................
39.11 	.............................................................................................................
39.12 	WHEREAS, the applicants request that the judge waive the required five-day 
39.13 	waiting period and the local registrar be authorized and directed to issue the marriage 
39.14 	license immediately.
39.15 	Date: .............................
39.16 	.......................................................................................
39.17 	.......................................................................................
39.18 	(Signatures of applicants)
39.19 	Acknowledged before me on this ....... day of .................... .
39.20 	..........................................
39.21 	NOTARY PUBLIC
39.22 	COURT ORDER AND AUTHORIZATION:
39.23 	STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
39.24 	After reviewing the above application, I am satisfied that an emergency or 
39.25 	extraordinary circumstance exists that justifies the issuance of the marriage license before 
39.26 	the expiration of five days from the date of the application. IT IS HEREBY ORDERED 
39.27 	that the local registrar is authorized and directed to issue the license forthwith.
39.28 	.....................................................
39.29 	................................ (judge of district court)
39.30 	................................ (date).
39.31 	(c) The marriage license fee for parties who have completed at least 12 hours of 
39.32 	premarital education is $40. In order to qualify for the reduced license fee, the parties must 
39.33 	submit at the time of applying for the marriage license a statement that is signed, dated, 
39.34 	and notarized or marked with a church seal from the person who provided the premarital 
39.35 	education on their letterhead confirming that it was received. The premarital education 
39.36 	must be provided by a licensed or ordained minister or the minister's designee, a person 
40.1 	authorized to solemnize marriages under section 517.18, or a person authorized to practice 
40.2 	marriage and family therapy under section 148B.33. The education must include the use of 
40.3 	a premarital inventory and the teaching of communication and conflict management skills.
40.4 	(d) The statement from the person who provided the premarital education under 
40.5 	paragraph (b)(c) must be in the following form:
40.6 	"I, .......................... (name of educator), confirm that .......................... (names of 
40.7 	both parties) received at least 12 hours of premarital education that included the use of a 
40.8 	premarital inventory and the teaching of communication and conflict management skills. 
40.9 	I am a licensed or ordained minister, a person authorized to solemnize marriages under 
40.10 	Minnesota Statutes, section 517.18, or a person licensed to practice marriage and family 
40.11 	therapy under Minnesota Statutes, section 148B.33."
40.12 	The names of the parties in the educator's statement must be identical to the legal 
40.13 	names of the parties as they appear in the marriage license application. Notwithstanding 
40.14 	section 138.17, the educator's statement must be retained for seven years, after which 
40.15 	time it may be destroyed.
40.16 	(e) If section 259.13 applies to the request for a marriage license, the local registrar 
40.17 	shall grant the marriage license without the requested name change. Alternatively, the local 
40.18 	registrar may delay the granting of the marriage license until the party with the conviction:
40.19 	(1) certifies under oath that 30 days have passed since service of the notice for a 
40.20 	name change upon the prosecuting authority and, if applicable, the attorney general and no 
40.21 	objection has been filed under section 259.13; or
40.22 	(2) provides a certified copy of the court order granting it. The parties seeking the 
40.23 	marriage license shall have the right to choose to have the license granted without the 
40.24 	name change or to delay its granting pending further action on the name change request.

40.25 	Sec. 61. Minnesota Statutes 2010, section 518D.314, is amended to read:
40.26 	518D.314 APPEALS.
40.27 	An appeal may be taken from a final order in a proceeding under sections 518D.301
40.28 	to 518D.317 in accordance with Minnesota Rules of Civil Appellate Procedure, rule 
40.29 	127. Unless the court enters a temporary emergency order under section 518D.204, the 
40.30 	enforcing court may not stay an order enforcing a child custody determination pending 
40.31 	appeal.

40.32 	Sec. 62. Minnesota Statutes 2010, section 576.011, subdivision 1, is amended to read:
41.1 		Subdivision 1.Generally. For the purpose of Laws 1974, chapter 447, sections 6 to 
41.2 	16 576.011, 576.04, 576.10, 576.12, 576.14, 576.141, 576.142, 576.143, 576.144, 576.15, 
41.3 	and 576.16, the terms defined in this section have the meanings given them.

41.4 	Sec. 63. Minnesota Statutes 2010, section 580.041, subdivision 2, is amended to read:
41.5 		Subd. 2.Content of foreclosure advice notice. The foreclosure advice notice 
41.6 	required by this section must appear substantially as follows:
41.7 	"Help For Homeowners in Foreclosure

41.8		The attorney preparing this foreclosure is: 
........	
41.9			(Attorney name, address, phone)
	
41.10		It is being prepared for: 
	
41.11		........
	
41.12		(Lender name, loss mitigation phone number)
	
41.13 	AS OF [insert date], this lender says that you owe $[insert dollar amount] to bring 
41.14 	your mortgage up to date (or "reinstate" your mortgage). You must pay this amount, 
41.15 	plus interest and other costs, to keep your house from going through a sheriff's sale. 
41.16 	The sheriff's sale is scheduled for [insert date] at [insert time] at [insert place].
41.17 	Mortgage foreclosure is a complex process. People may contact you with advice and 
41.18 	offers to help "save" your home.
41.19 	Remember: It is important that you learn as much as you can about foreclosure and 
41.20 	your situation. Find out about all your options before you make any agreements with 
41.21 	anyone about the foreclosure of your home.
41.22 	Getting Help
41.23 	As soon as possible, you should contact your lender at the above number to talk 
41.24 	about things you might be able to do to prevent foreclosure. You should also 
41.25 	consider contacting the foreclosure prevention counselor in your area. A foreclosure 
41.26 	prevention counselor can answer your questions, offer free advice, and help you 
41.27 	create a plan which makes sense for your situation.
41.28 	Contact the Minnesota Home Ownership Center at 651-659-9336 
41.29 	or 866-462-6466 or www.hocmn.org or contact the United States 
41.30 	Department of Housing and Urban Development at 1-800-569-4287 or 
41.31 	www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search=MN#searchArea
41.32 	to get the phone number and location of the nearest certified counseling organization. 
41.33 	Call today. The longer you wait, the fewer options you may have for a desirable 
41.34 	result."

41.35 	Sec. 64. Minnesota Statutes 2010, section 580.06, subdivision 2, is amended to read:
42.1 		Subd. 2.Notice of results of sale required; contents. (a) Except as provided in 
42.2 	paragraph (c), a person attempting to acquire fee title to the mortgagor's property directly 
42.3 	from the mortgagor following the sheriff's sale and prior to the end of the redemption 
42.4 	period must provide to the mortgagor, by personal delivery three days prior to entering into 
42.5 	an agreement with the mortgagor to acquire title, notice of the results of the foreclosure 
42.6 	as provided under paragraph (b).
42.7 	(b) The notice required under paragraph (a) must contain the following information:
42.8 	(1) the date the sale occurred;
42.9 	(2) the identity of the purchaser and any assignees of the purchaser;
42.10 	(3) the sheriff's sale price; and
42.11 	(4) the following statement: "There are very important things you need to know now 
42.12 	that your house has been auctioned at the sheriff's sale:
42.13 	(i) you have (insert the number of months) to "redeem," which means to pay the 
42.14 	winning bidder the sale price listed above (plus interest and costs) and keep your house;
42.15 	(ii) whether you can pay off the amount or not, YOU DO NOT HAVE TO MOVE 
42.16 	RIGHT AWAY. YOU CAN KEEP LIVING IN YOUR HOME until the end of this 
42.17 	redemption period;
42.18 	(iii) read all notices and documents related to the foreclosure of your home carefully! 
42.19 	THE AMOUNT YOU NEED TO PAY THE WINNING BIDDER TO REDEEM YOUR 
42.20 	HOUSE (THE SHERIFF'S SALE PRICE LISTED ABOVE, PLUS INTEREST AND 
42.21 	COSTS) MAY BE LESS THAN THE AMOUNT YOU OWED ON YOUR MORTGAGE 
42.22 	BEFORE THE SHERIFF'S SALE; and
42.23 	(iv) you can also try to sell your home during this "redemption period." You must sell 
42.24 	it for enough to pay off the winning bidder from the sheriff's sale and pay interest, fees, and 
42.25 	other claims against the property. You can also enter into a "short sale." A short sale is an 
42.26 	agreement in which the lender accepts less than the full amount you owe on the mortgage.
42.27 	If there is any money left from the sale of the house after all these debts are paid, 
42.28 	you can keep the money.
42.29 	For more information and advice, contact an attorney or a mortgage 
42.30 	foreclosure prevention counselor. You can find a mortgage foreclosure prevention 
42.31 	counselor in your county by calling the Minnesota Home Ownership Center 
42.32 	at 651-659-9336 or 866-462-6466 or www.hocmn.org or contact the United 
42.33 	States Department of Housing and Urban Development at 1-800-569-4287 or 
42.34 	www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search=MN#searchArea."
42.35 	(c) This subdivision does not apply to:
43.1 	(1) a seller or buyer who has entered into a signed agency agreement, facilitator 
43.2 	agreement, or other written agreement to buy or sell the mortgagor's property with a 
43.3 	person licensed under chapter 82;
43.4 	(2) a buyer who offers to buy the mortgagor's property for a purchase price that 
43.5 	meets or exceeds the amount required to be paid by the mortgagor to redeem the property, 
43.6 	unless the buyer or the mortgagor enters into a short sale agreement with the holder of 
43.7 	the sheriff's certificate in which the holder agrees to accept less than the full amount 
43.8 	required to redeem;
43.9 	(3) a foreclosing lender acquiring the mortgagor's property by a deed in lieu of 
43.10 	foreclosure;
43.11 	(4) a nonprofit lender holding a certificate of exemption from the Department of 
43.12 	Commerce; or
43.13 	(5) the state or a local unit of government or an agent of the state or a local unit 
43.14 	of government.

43.15 	Sec. 65. Minnesota Statutes 2010, section 609.485, subdivision 2, is amended to read:
43.16 		Subd. 2.Acts prohibited. Whoever does any of the following may be sentenced as 
43.17 	provided in subdivision 4:
43.18 	(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or 
43.19 	conviction of a crime, or while held in lawful custody on an allegation or adjudication 
43.20 	of a delinquent act;
43.21 	(2) transfers to another, who is in lawful custody on a charge or conviction of a 
43.22 	crime, or introduces into an institution in which the latter is confined, anything usable in 
43.23 	making such escape, with intent that it shall be so used;
43.24 	(3) having another in lawful custody on a charge or conviction of a crime, 
43.25 	intentionally permits the other to escape;
43.26 	(4) escapes while in a facility designated under section 253B.18, subdivision 1, 
43.27 	pursuant to a court commitment order after a finding of not guilty by reason of mental 
43.28 	illness or mental deficiency of a crime against the person, as defined in section 253B.02, 
43.29 	subdivision 4a. Notwithstanding section 609.17, no person may be charged with or 
43.30 	convicted of an attempt to commit a violation of this clause;
43.31 	(5) escapes while in or under the supervision of a facility designated under section 
43.32 	253B.18, subdivision 1, or Minnesota Statutes 1992, section 526.10;
43.33 	(6) escapes while on pass status or provisional discharge according to section 
43.34 	253B.18; or
44.1 	(7) escapes while a client of civilly committed sex offender in the Minnesota sex 
44.2 	offender program as defined in section 246B.01, subdivision 1a, or subject to a court 
44.3 	hold order under section 253B.185.
44.4 	For purposes of clauses (1) and (7), "escapes while held in lawful custody" or 
44.5 	"escapes while a client of civilly committed sex offender in the Minnesota sex offender 
44.6 	program" includes absconding from electronic monitoring or absconding after removing 
44.7 	an electronic monitoring device from the person's body.

44.8 	Sec. 66. Minnesota Statutes 2010, section 609.5314, subdivision 3, is amended to read:
44.9 		Subd. 3.Judicial determination. (a) Within 60 days following service of a notice 
44.10 	of seizure and forfeiture under this section, a claimant may file a demand for a judicial 
44.11 	determination of the forfeiture. The demand must be in the form of a civil complaint and 
44.12 	must be filed with the court administrator in the county in which the seizure occurred, 
44.13 	together with proof of service of a copy of the complaint on the county attorney for that 
44.14 	county, and the standard filing fee for civil actions unless the petitioner has the right to 
44.15 	sue in forma pauperis under section 563.01. If the value of the seized property is $7,500
44.16 	$15,000 or less, the claimant may file an action in conciliation court for recovery of the 
44.17 	seized property. If the value of the seized property is less than $500, the claimant does not 
44.18 	have to pay the conciliation court filing fee. No responsive pleading is required of the 
44.19 	county attorney and no court fees may be charged for the county attorney's appearance 
44.20 	in the matter. The hearing must be held at the earliest practicable date, and in any event 
44.21 	no later than 180 days following the filing of the demand by the claimant. If a related 
44.22 	criminal proceeding is pending, the hearing shall not be held until the conclusion of the 
44.23 	criminal proceedings. The district court administrator shall schedule the hearing as 
44.24 	soon as practicable after adjudication in the criminal prosecution. The proceedings are 
44.25 	governed by the Rules of Civil Procedure.
44.26 	(b) The complaint must be captioned in the name of the claimant as plaintiff and 
44.27 	the seized property as defendant, and must state with specificity the grounds on which 
44.28 	the claimant alleges the property was improperly seized and the plaintiff's interest in the 
44.29 	property seized. Notwithstanding any law to the contrary, an action for the return of 
44.30 	property seized under this section may not be maintained by or on behalf of any person 
44.31 	who has been served with a notice of seizure and forfeiture unless the person has complied 
44.32 	with this subdivision.
44.33 	(c) If the claimant makes a timely demand for judicial determination under this 
44.34 	subdivision, the appropriate agency must conduct the forfeiture under section 609.531, 
45.1 	subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, 
45.2 	apply to the judicial determination.
45.3 	(d) If a demand for judicial determination of an administrative forfeiture is filed 
45.4 	under this subdivision and the court orders the return of the seized property, the court shall 
45.5 	order that filing fees be reimbursed to the person who filed the demand. In addition, the 
45.6 	court may order sanctions under section 549.211. If the court orders payment of these 
45.7 	costs, they must be paid from forfeited money or proceeds from the sale of forfeited 
45.8 	property from the appropriate law enforcement and prosecuting agencies in the same 
45.9 	proportion as they would be distributed under section 609.5315, subdivision 5.

45.10 	Sec. 67. Minnesota Statutes 2010, section 609.902, subdivision 4, is amended to read:
45.11 		Subd. 4.Criminal act. "Criminal act" means conduct constituting, or a conspiracy 
45.12 	or attempt to commit, a felony violation of chapter 152, or a felony violation of section 
45.13 	297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195; 609.20; 609.205; 
45.14 	609.221; 609.222; 609.223; 609.2231; 609.228; 609.235; 609.245; 609.25; 609.27; 
45.15 	609.322; 609.342; 609.343; 609.344; 609.345; 609.42; 609.48; 609.485; 609.495; 
45.16 	609.496; 609.497; 609.498; 609.52, subdivision 2, if the offense is punishable under 
45.17 	subdivision 3, clause (1), if the property is a firearm, clause (3)(b), or clause 3(d)(v) 
45.18 	or (vi); section 609.52, subdivision 2, clause (4); 609.527, if the crime is punishable 
45.19 	under subdivision 3, clause (4); 609.528, if the crime is punishable under subdivision 3, 
45.20 	clause (4); 609.53; 609.561; 609.562; 609.582, subdivision 1 or 2; 609.668, subdivision 6, 
45.21 	paragraph (a); 609.67; 609.687; 609.713; 609.86; 609.894, subdivision 3 or 4; 609.895; 
45.22 	624.713; 624.7191; or 626A.02, subdivision 1, if the offense is punishable under section 
45.23 	626A.02, subdivision 4, paragraph (a). "Criminal act" also includes conduct constituting, 
45.24 	or a conspiracy or attempt to commit, a felony violation of section 609.52, subdivision 2, 
45.25 	clause (3), (4), (15), or (16), if the violation involves an insurance company as defined 
45.26 	in section 60A.02, subdivision 4, a nonprofit health service plan corporation regulated 
45.27 	under chapter 62C, a health maintenance organization regulated under chapter 62D, or a 
45.28 	fraternal benefit society regulated under chapter 64B.

45.29 	Sec. 68. Laws 2009, chapter 88, article 2, section 43, is amended by adding an 
45.30 	effective date to read:

45.31 	EFFECTIVE DATE. This section is effective for deferred taxes payable in 2012 
45.32 	and thereafter.

45.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

46.1 	Sec. 69. Laws 2010, chapter 184, section 18, is amended to read:
46.2 	Sec. 18. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to 
46.3 	read:
46.4 		Subd. 2.Procedure. Notice of the election and the special mail procedure must 
46.5 	be given at least six weeks prior to the election. Not more than 46 days nor later than 14 
46.6 	days before a regularly scheduled election for federal, state, county, city, or school board 
46.7 	office or a special election for federal office and not more than 30 days nor later than 14 
46.8 	days before any other election, the auditor shall mail ballots by nonforwardable mail to 
46.9 	all voters registered in the town or unorganized territory. No later than 14 days before 
46.10 	the election, the auditor must make a subsequent mailing of ballots to those voters who 
46.11 	register to vote after the initial mailing but before the 20th day before the election. Eligible 
46.12 	voters not registered at the time the ballots are mailed may apply for ballots as provided in 
46.13 	chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed 
46.14 	to the auditor or clerk and the voter may return the ballot by mail or in person to the office 
46.15 	of the auditor or clerk. The auditor or clerk may appoint election judges to examine the 
46.16 	return envelopes and mark them "accepted" or "rejected" during the 45 days before the 
46.17 	election. If an envelope has been rejected at least five days before the election, the ballots 
46.18 	in the envelope must be considered spoiled ballots and the auditor or clerk shall provide 
46.19 	the voter with a replacement ballot and return envelope in place of the spoiled ballot. The 
46.20 	costs of the mailing shall be paid by the election jurisdiction in which the voter resides. 
46.21 	Any ballot received by 8:00 p.m. on the day of the election must be counted.

46.22 	Sec. 70. Laws 2010, chapter 280, section 40, is amended to read:
46.23 	Sec. 40. REPEALER.
 46.24 	Minnesota Statutes 2008, sections 299G.11; 299G.13, subdivisions 1, 6, 9, 16, 17, 
46.25 	18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28; 299G.14; 299G.15; 299G.16; 299G.17; 
46.26 	299G.18; 326B.115; and 326B.37, subdivision 13, are repealed.
46.27 	Minnesota Rules, parts 5200.0020; 5200.0050; and 5200.0080, subparts 2, and 3, 
46.28 	4, 4a, 4b, 6, 7, and 8,are repealed.

46.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

46.30 	Sec. 71. Laws 2010, chapter 382, section 87, subdivision 8, is amended to read:
46.31 		Subd. 8.Statutory conflict. Laws 2008, chapter 287, article 1, section 104,
46.32 	subdivision 13,is repealed.

46.33 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2010.

47.1 	Sec. 72. Laws 2010, chapter 389, article 1, section 7, the effective date, is amended to 
47.2 	read:

47.3 	EFFECTIVE DATE. This section is effective the day following final enactment for 
47.4 	deferred taxes payable in 2012 and thereafter.

47.5 	EFFECTIVE DATE. This section is effective the day following final enactment.

47.6 	Sec. 73. Laws 2010, chapter 389, article 1, section 8, the effective date, is amended to 
47.7 	read:

47.8 	EFFECTIVE DATE. This section is effective the day following final enactment for 
47.9 	deferred taxes payable in 2012 and thereafter.

47.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

47.11 	Sec. 74. Laws 2010, chapter 389, article 1, section 9, the effective date, is amended to 
47.12 	read:

47.13 	EFFECTIVE DATE. This section is effective the day following final enactment for 
47.14 	deferred taxes payable in 2012 and thereafter.

47.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

47.16 	Sec. 75. SUPERSEDING ACTS.
 47.17 	Any amendments or repeals enacted in the 2011 session of the legislature to sections 
47.18 	amended or repealed in this act supersede the amendments or repeals in this act, regardless 
47.19 	of order of enactment.

47.20 	Sec. 76. RULES REVIVED.
 47.21 	Minnesota Rules, part 5200.0080, subparts 4, 4a, 4b, 6, 7, and 8, are revived.

47.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

47.23 	Sec. 77. REVISOR'S INSTRUCTION.
 47.24 	In the next edition of Minnesota Statutes, the revisor of statutes shall insert the 
47.25 	word "county" before the phrase "veterans service officer" or "veterans service officers" 
47.26 	wherever it appears in Minnesota Statutes, chapters 196 and 197.

47.27 	Sec. 78. REVISOR'S INSTRUCTION.
 48.1 	In Minnesota Rules, part 9500.1115, subparts 4, 5, and 5a, the revisor shall edit 
48.2 	the subparts so that information inadvertently added only to the headnote is accurately 
48.3 	reflected in the words of the subpart text.

48.4 	Sec. 79.  REPEALER.
 48.5 		Subdivision 1.Community policing responsive to emotional crises and mental 
48.6 	illness; pilot project. Minnesota Statutes 2010, section 626.8441, subdivision 1, is 
48.7 	repealed.
48.8 		Subd. 2.Job opportunity building zone limits; conflict resolution. Laws 2006, 
48.9 	chapter 259, article 13, section 10, is repealed.
48.10 		Subd. 3.Interstate assistance by local government; conflict resolution. Laws 
48.11 	2008, chapter 202, section 10, is repealed.
48.12 		Subd. 4.Child passenger restraint system; conflict resolution. Laws 2009, 
48.13 	chapter 82, section 2, is repealed.
48.14 		Subd. 5.Duties of absentee ballot board; conflict resolution. Laws 2010, chapter 
48.15 	184, section 7, is repealed.
48.16 		Subd. 6.Medical case vendors; conflict resolution. Laws 2010, chapter 310, 
48.17 	article 6, section 1, is repealed.
48.18 		Subd. 7.General assistance medical care eligibility; conflict resolution. Laws 
48.19 	2010, chapter 310, article 16, section 2, is repealed.
48.20 		Subd. 8.Penalty for membership miscertifications and certification failures 
48.21 	by government subdivision; conflict resolution. Laws 2010, chapter 359, article 12, 
48.22 	section 18, is repealed.
48.23 		Subd. 9.Veteran-owned small business procurements; conflict resolution. Laws 
48.24 	2010, chapter 392, article 1, section 6, is repealed.
48.25 		Subd. 10.Nursing facilities adjustment rate periods; conflict resolution. Laws 
48.26 	2010, First Special Session chapter 1, article 15, section 8, is repealed.
48.27 		Subd. 11.Report of veterinary treatment of horses. Minnesota Rules, part 
48.28 	7890.0120, subpart 3, as published in the State Register at 34 SR 1135 on February 22, 
48.29 	2010, is repealed.

48.30 	ARTICLE 2
48.31 	DATA PRACTICES

48.32 	Section 1. Minnesota Statutes 2010, section 13.319, subdivision 1, is amended to read:
49.1 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 6 this section  are 
49.2 	codified outside this chapter. Those sections classify education data as other than public, 
49.3 	place restrictions on access to government data, or involve data sharing.

49.4 	Sec. 2. Minnesota Statutes 2010, section 13.3806, is amended by adding a subdivision 
49.5 	to read:
49.6 		Subd. 21.Trauma hospital designation; patient data. Data on patients in 
49.7 	information and reports related to the designation and redesignation of trauma hospitals is 
49.8 	classified under section 144.605, subdivision 9.

49.9 	Sec. 3. Minnesota Statutes 2010, section 13.381, subdivision 1, is amended to read:
49.10 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 17 this section
49.11 	are codified outside this chapter. Those sections classify health regulatory data as other 
49.12 	than public, place restrictions on access to government data, or involve data sharing.

49.13 	Sec. 4. Minnesota Statutes 2010, section 13.411, subdivision 1, is amended to read:
49.14 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 8 this section are 
49.15 	codified outside this chapter. Those sections classify licensing data as other than public, 
49.16 	place restrictions on access to government data, or involve data sharing.

49.17 	Sec. 5. Minnesota Statutes 2010, section 13.4967, subdivision 1, is amended to read:
49.18 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 7this section are 
49.19 	codified outside this chapter. Those sections classify tax data as other than public, place 
49.20 	restrictions on access to government data, or involve data sharing.

49.21 	Sec. 6. Minnesota Statutes 2010, section 13.607, subdivision 1, is amended to read:
49.22 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 7 this section are 
49.23 	codified outside this chapter. Those sections classify campaign, ethics, and election data as 
49.24 	other than public, place restrictions on access to government data, or involve data sharing.

49.25 	Sec. 7. Minnesota Statutes 2010, section 13.6401, subdivision 1, is amended to read:
49.26 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 6 this section
49.27 	are codified outside this chapter. Those sections classify administration and management 
49.28 	and budget data as other than public, place restrictions on access to government data, 
49.29 	or involve data sharing.

50.1 	Sec. 8. Minnesota Statutes 2010, section 13.6401, is amended by adding a subdivision 
50.2 	to read:
50.3 		Subd. 7.Personal identification data; statewide grant governance policies.
 50.4 	Personal identification data maintained by the commissioner of administration related 
50.5 	to comments about executive agencies violating grant governance policies is governed 
50.6 	by section 16B.97, subdivision 5.

50.7 	Sec. 9. Minnesota Statutes 2010, section 13.6905, subdivision 1, is amended to read:
50.8 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 32 this section are 
50.9 	codified outside this chapter. Those sections classify Department of Public Safety data as 
50.10 	other than public, place restrictions on access to government data, or involve data sharing.

50.11 	Sec. 10. Minnesota Statutes 2010, section 13.6905, is amended by adding a subdivision 
50.12 	to read:
50.13 		Subd. 33.Citizenship data; voter registration. The use of citizenship data 
50.14 	reported to the secretary of state is governed by section 201.158.

50.15 	Sec. 11. Minnesota Statutes 2010, section 13.7191, subdivision 1, is amended to read:
50.16 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 18 this section
50.17 	are codified outside chapter 13. Those sections classify insurance data as other than 
50.18 	public, place restrictions on access to government data, or involve data sharing.

50.19 	Sec. 12. Minnesota Statutes 2010, section 13.7191, is amended by adding a subdivision 
50.20 	to read:
50.21 		Subd. 19.Nationwide Mortgage Licensing System and Registry. Information 
50.22 	and materials provided to the Nationwide Mortgage Licensing System and Registry or 
50.23 	shared with state and regulatory officials with mortgage industry oversight authority 
50.24 	are governed by section 58A.14.

50.25 	Sec. 13. Minnesota Statutes 2010, section 13.785, subdivision 1, is amended to read:
50.26 		Subdivision 1.Scope. The sections referred to in subdivisions 2 and 3 this section
50.27 	are codified outside this chapter. Those sections classify veterans data as other than public, 
50.28 	place restrictions on access to government data, or involve data sharing.

50.29 	Sec. 14. Minnesota Statutes 2010, section 13.7931, subdivision 1, is amended to read:
51.1 		Subdivision 1.Scope. The sections referred to in subdivisions 1a to 4 this section
51.2 	are codified outside this chapter. Those sections classify natural resource data as other 
51.3 	than public, place restrictions on access to government data, or involve data sharing.

51.4 	Sec. 15. Minnesota Statutes 2010, section 13.841, subdivision 1, is amended to read:
51.5 		Subdivision 1.Scope. The section sections referred to in subdivision 2 is this 
51.6 	section are codified outside this chapter. This section classifies Those sections classify 
51.7 	court services data as other than public, places place restrictions on access to government 
51.8 	data, or involves involve data sharing.

51.9 	Sec. 16. Minnesota Statutes 2010, section 13.841, is amended by adding a subdivision 
51.10 	to read:
51.11 		Subd. 3.Felony conviction data; voter registration. Felony conviction data 
51.12 	reported to the secretary of state is governed by section 201.155.

51.13 	Sec. 17. Minnesota Statutes 2010, section 13.851, subdivision 1, is amended to read:
51.14 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 8 this section are 
51.15 	codified outside this chapter. Those sections classify corrections and detention data as 
51.16 	other than public, place restrictions on access to government data, or involve data sharing.

51.17 	Sec. 18. Minnesota Statutes 2010, section 13.851, is amended by adding a subdivision 
51.18 	to read:
51.19 		Subd. 10.Felony sentence data; voter registration. The use of felony sentence 
51.20 	data made available to the secretary of state is governed by section 201.157.

51.21 	ARTICLE 3
51.22 	RULES OF CRIMINAL PROCEDURE REFERENCES

51.23 	Section 1. Minnesota Statutes 2010, section 244.11, subdivision 3, is amended to read:
51.24 		Subd. 3.Limitation on defendant's right to seek sentence modification. (a) As 
51.25 	used in this subdivision, "appeal" means:
51.26 	(1) an appeal of a sentence under rule 28 of the Rules of Criminal Procedure; and
51.27 	(2) an appeal from a denial of a sentence modification motion brought under rule 
51.28 	27.03, subdivision 9, of the Rules of Criminal Procedure.
51.29 	(b) If a defendant agrees to a plea agreement and is given a stayed sentence, which is 
51.30 	a dispositional departure from the presumptive sentence under the Minnesota Sentencing 
51.31 	Guidelines, the defendant may appeal the sentence only if the appeal is taken:
52.1 	(1) within 90 days of the date sentence was pronounced; or
52.2 	(2) before the date of any act committed by the defendant resulting in revocation 
52.3 	of the stay of sentence;
52.4 	whichever occurs first.
52.5 	(c) A defendant who is subject to paragraph (b) who has failed to appeal as provided 
52.6 	in that paragraph may not file a petition for postconviction relief under chapter 590 
52.7 	regarding the sentence.
52.8 	(d) Nothing in this subdivision shall be construed to:
52.9 	(1) alter the time period provided for the state to appeal a sentence under rule 28 of 
52.10 	the Rules of Criminal Procedure; or
52.11 	(2) affect the court's authority to correct errors under rule 27.03, subdivision 8 10, of 
52.12 	the Rules of Criminal Procedure.

52.13 	Sec. 2. Minnesota Statutes 2010, section 611A.033, is amended to read:
52.14 	611A.033 SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE.
52.15 	(a) A victim has the right to request that the prosecutor make a demand under rule 
52.16 	11.10 11.09 of the Rules of Criminal Procedure that the trial be commenced within 60 
52.17 	days of the demand. The prosecutor shall make reasonable efforts to comply with the 
52.18 	victim's request.
52.19 	(b) A prosecutor shall make reasonable efforts to provide advance notice of any 
52.20 	change in the schedule of the court proceedings to a victim who has been subpoenaed or 
52.21 	requested to testify.
52.22 	(c) In a criminal proceeding in which a vulnerable adult, as defined in section 
52.23 	609.232, subdivision 11, is a victim, the state may move the court for a speedy trial. The 
52.24 	court, after consideration of the age and health of the victim, may grant a speedy trial. 
52.25 	The motion may be filed and served with the complaint or any time after the complaint 
52.26 	is filed and served.

52.27 	Sec. 3. Minnesota Statutes 2010, section 628.56, is amended to read:
52.28 	628.56 FOREPERSON; JURY SWORN; CHARGE BY COURT.
52.29 	From the persons summoned to serve as grand jurors and appearing, the court 
52.30 	shall appoint a foreperson, and it shall also appoint a foreperson whenever one already 
52.31 	appointed shall be discharged or excused before such jury is dismissed. The grand jury 
52.32 	shall then be sworn according to law, and the same oath shall be administered to any grand 
52.33 	juror afterwards appearing and admitted as such. The grand jury shall then be charged 
53.1 	by the court, who, in doing so, shall read to it the provisions of sections 628.01, 628.02, 
53.2 	628.60 to 628.66, and rules 18.06 18.05, subdivisions 1 and 2, and 18.08 18.07 of the Rules 
53.3 	of Criminal Procedure, and may give it such other information as it may deem proper as to 
53.4 	the nature of its duties, and any charges for public offenses returned to the court, or likely 
53.5 	to come before the grand jury; but it need not charge it respecting the violation of any 
53.6 	particular statute unless expressly made its duty by the provisions of such statute. 

53.7 	Sec. 4. Minnesota Statutes 2010, section 628.63, is amended to read:
53.8 	628.63 GRAND JURY; WHO MAY BE PRESENT; COUNTY ATTORNEY 
53.9 	TO ATTEND; DUTIES.
53.10 	The grand jury may at all reasonable times ask the advice of the court, or of 
53.11 	the county attorney, and the county attorney shall attend it for the purpose of framing 
53.12 	indictments or examining witnesses in its presence.
53.13 	The persons specified in rule 18.04 18.03 of the Rules of Criminal Procedure may, 
53.14 	subject to the conditions specified in that rule, be present before the grand jury when it 
53.15 	is in session, but no person other than the jurors may be present while the grand jury 
53.16 	is deliberating or voting. 

53.17 	Sec. 5. Minnesota Statutes 2010, section 628.68, is amended to read:
53.18 	628.68 DISCLOSURE OF TRANSACTIONS OF GRAND JURY.
53.19 	Except as otherwise provided in rule 18.0818.07 of the Rules of Criminal Procedure, 
53.20 	every judge, grand juror, county attorney, court administrator, or other officer, who, except 
53.21 	in the due discharge of official duty, shall disclose, before an accused person shall be in 
53.22 	custody, the fact that an indictment found or ordered against the accused person, and 
53.23 	every grand juror who, except when lawfully required by a court or officer, shall willfully 
53.24 	disclose any evidence adduced before the grand jury, or anything which the juror or any 
53.25 	other member of the grand jury said, or in what manner any grand juror voted upon any 
53.26 	matter before them, shall be guilty of a misdemeanor. Disclosure may be made by the 
53.27 	county attorney, by notice to the defendant or the defendant's attorney of the indictment 
53.28 	and the time of defendant's appearance in the district court, if in the discretion of the judge 
53.29 	notice is sufficient to insure defendant's appearance. 

53.30 	Sec. 6. Minnesota Statutes 2010, section 630.18, is amended to read:
53.31 	630.18 GROUNDS FOR DISMISSAL; WAIVER.
54.1 	In addition to the grounds for dismissal of an indictment specified in rules 17.06, 
54.2 	subdivision 2, and 18.02 18.09, subdivision 2, of the Rules of Criminal Procedure and 
54.3 	subject to the provisions of rules 17.06, subdivision 1, and 31.01, of the Rules of Criminal 
54.4 	Procedure, the indictment shall be dismissed by the court in which the defendant is 
54.5 	arraigned, upon the defendant's motion, in any of the following cases:
54.6 	(1) when the indictment is not found, endorsed or presented as prescribed in sections 
54.7 	628.41 to 628.66 relating to grand juries;
54.8 	(2) when the names of the witnesses examined before the grand jury are not inserted 
54.9 	at the foot of the indictment or endorsed thereon;
54.10 	(3) when a person was permitted to be present at the session of the grand jury while 
54.11 	the charge embraced in the indictment was under consideration, except as provided by 
54.12 	section 628.63 and rule 18.04 18.03 of the Rules of Criminal Procedure;
54.13 	(4) when the grand jury by which the indictment was found had no legal authority to 
54.14 	inquire into the offense charged, by reason of the offense charged not being within the 
54.15 	local jurisdiction of the county;
54.16 	(5) when the indictment does not substantially conform to the requirements of 
54.17 	sections 628.10 to 628.13, as qualified by section 628.18, or was not found within the 
54.18 	time prescribed therein;
54.19 	(6) when more than one offense is charged in the indictment, except in cases where 
54.20 	it is allowed by statute;
54.21 	(7) when the facts stated do not constitute a public offense; or
54.22 	(8) when the indictment contains any matter which, if true, would constitute a legal 
54.23 	justification or excuse of the offense charged, or other legal bar to the prosecution.
54.24 	If the motion to dismiss the indictment is not made, the defendant shall be precluded 
54.25 	from afterwards making any of the foregoing objections except that the objection to lack of 
54.26 	jurisdiction specified in clause (4) and the objection of failure of the indictment to include 
54.27 	facts stating a public offense specified in clause (7) shall be noticed by the court at any 
54.28 	time during the pendency of a proceeding. Failure to include any objections constitutes a 
54.29 	waiver thereof, but the court for good cause shown may, in accordance with rule 10.03
54.30 	10.01, subdivision 2, of the Rules of Criminal Procedure, grant relief from the waiver.

54.31 	Sec. 7. Minnesota Statutes 2010, section 631.05, is amended to read:
54.32 	631.05 REQUIRING JUROR TO TESTIFY WHEN JUROR HAS PERSONAL 
54.33 	KNOWLEDGE RESPECTING FACT IN CONTROVERSY; VIEW.
54.34 	If a juror has personal knowledge respecting a fact in controversy in a cause, the 
54.35 	juror shall declare it in open court during the trial. If during the retirement of a jury, a juror 
55.1 	declares a fact which could be evidence in the cause, as of the juror's own knowledge, the 
55.2 	jury shall return into court. In either of these cases, the juror making the statement shall be 
55.3 	sworn as a witness and examined in the presence of the parties. The court may order a 
55.4 	view by a jury impaneled to try a criminal case in accordance with rule 26.03, subdivision 
55.5 	10 11, of the Rules of Criminal Procedure.

55.6 	ARTICLE 4
55.7 	COMMUNITY-BASED PLANNING

55.8 	Section 1. Minnesota Statutes 2010, section 394.232, is amended to read:
55.9 	394.232 COMMUNITY-BASED PLANNING.
55.10 		Subdivision 1.General. Each county is encouraged to prepare and implement a 
55.11 	community-based comprehensive plan. A community-based comprehensive plan is a 
55.12 	comprehensive plan that is consistent with the goals of community-based planning in 
55.13 	section 4A.08. 
55.14 		Subd. 2.Notice and participation. Notice must be given at the beginning 
55.15 	of the community-based comprehensive planning process to the Office of Strategic 
55.16 	and Long-Range Planning, the Department of Natural Resources, the Department of 
55.17 	Agriculture, the Department of Employment and Economic Development, the Board of 
55.18 	Water and Soil Resources, the Pollution Control Agency, the Department of Transportation, 
55.19 	local government units, and local citizens to actively participate in the development of 
55.20 	the plan. An agency that is invited to participate in the development of a local plan but 
55.21 	declines to do so and fails to participate or to provide written comments during the plan 
55.22 	development process waives the right during the office's review and comment period to 
55.23 	submit comments, except for comments concerning consistency of the plan with laws and 
55.24 	rules administered by the agency. In determining the merit of the agency comment, the 
55.25 	office shall consider the involvement of the agency in the development of the plan.
55.26 		Subd. 3.Coordination. A county that prepares a community-based comprehensive 
55.27 	plan shall coordinate its plan with the plans of its neighbors and its constituent 
55.28 	municipalities and towns in order both to prevent its plan from having an adverse 
55.29 	impact on other jurisdictions and to complement plans of other jurisdictions. The 
55.30 	county's community-based comprehensive plan must incorporate the community-based 
55.31 	comprehensive plan of any municipality or town in the county prepared in accordance 
55.32 	with section 462.3535. A county may incorporate a municipal or town community-based 
55.33 	comprehensive plan by reference. 
56.1 		Subd. 4.Joint planning. Under the joint exercise of powers provisions in section 
56.2 	471.59, a county may establish a joint planning district with other counties, municipalities, 
56.3 	and towns, that are geographically contiguous, to adopt a single community-based 
56.4 	comprehensive plan for the district. The county may delegate its authority to adopt official 
56.5 	controls under this chapter to the board of the joint planning district. 
56.6 		Subd. 5.Review and comment. (a) The county or joint planning district 
56.7 	shall submit its community-based comprehensive plan to the Office of Strategic and 
56.8 	Long-Range Planning for review of the extent to which the plan promotes local citizen 
56.9 	participation, promotes cooperation among adjacent communities, and demonstrates 
56.10 	consideration of the community-based planning goals in section 4A.08. The office has 60 
56.11 	days after submittal to comment on the plan.
56.12 	(b) The office may not disapprove a community-based comprehensive plan if the 
56.13 	office determines that the plan promotes local citizen participation, promotes cooperation 
56.14 	among adjacent communities, and demonstrates consideration of the community-based 
56.15 	planning goals in section 4A.08.
56.16 	(c) If the office disagrees with a community-based comprehensive plan or any 
56.17 	elements of the plan, the office shall notify the county or district in writing of how 
56.18 	the plan specifically fails to address the goals of community-based planning. Upon 
56.19 	receipt of the office's written comments, the county or district has 120 days to revise the 
56.20 	community-based comprehensive plan and resubmit it to the office for reconsideration.
56.21 	(d) If the county or district refuses to revise the plan or the office disagrees with the 
56.22 	revised plan, the office shall within 60 days notify the county or district that it wishes to 
56.23 	initiate the dispute resolution process in chapter 572A.
56.24 	(e) Within 60 days of notice from the office, the county or joint planning district 
56.25 	shall notify the office of its intent to enter the dispute resolution process. If the county or 
56.26 	district refuses to enter the dispute resolution process, the county or district is ineligible 
56.27 	for any future grant disbursements related to community-based planning activities through 
56.28 	the office.
56.29 	(f) Priority for other state grants, loans, and other discretionary spending must not 
56.30 	be given to local units of government based on their participation in community-based 
56.31 	planning.
56.32 		Subd. 6.Plan update. The county board, or the board of the joint planning district, 
56.33 	shall review and update the community-based comprehensive plan periodically, but at 
56.34 	least every ten years, and submit the updated plan to the office of strategic and long-range 
56.35 	planning for review and comment. When updating the plan, the county board or the board 
56.36 	of the joint planning district must consider natural heritage data resulting from the county 
57.1 	biological survey. In a county that is not a greater than 80 percent area, as defined in 
57.2 	section 103G.005, subdivision 10b, the board must consider adopting goals and objectives 
57.3 	that will protect open space and the environment.
57.4 		Subd. 7.No mandamus proceeding. A mandamus proceeding may not be instituted 
57.5 	against a county under this section to require the county to conform its community-based 
57.6 	comprehensive plan to be consistent with the community-based planning goals in section 
57.7 	4A.08.
57.8 		Subd. 8.Planning authority. Nothing in this section shall be construed to prohibit 
57.9 	or limit a county's authority to prepare and adopt a comprehensive plan and official 
57.10 	controls under this chapter.

57.11 	Sec. 2. Minnesota Statutes 2010, section 462.3535, subdivision 1, is amended to read:
57.12 		Subdivision 1.General. Each municipality is encouraged to prepare and 
57.13 	implement a community-based comprehensive municipal plan. A community-based 
57.14 	comprehensive municipal plan is a comprehensive plan that is consistent with the goals of 
57.15 	community-based planning in section 4A.08.

57.16 	Sec. 3. Minnesota Statutes 2010, section 462.3535, subdivision 8, is amended to read:
57.17 		Subd. 8.County approval. (a) If a city plans for growth beyond its current 
57.18 	boundaries, the city's proposed community-based comprehensive municipal plan and 
57.19 	proposed urban growth area must be reviewed and approved by the county before the plan 
57.20 	is incorporated into the county's plan. The county may review and provide comments on 
57.21 	any orderly annexation agreement during the same period of review of a comprehensive 
57.22 	plan.
57.23 	(b) Upon receipt by the county of a community-based comprehensive plan submitted 
57.24 	by a city for review and approval under this subdivision, the county shall, within 60 days 
57.25 	of receipt of a city plan, review and approve the plan in accordance with this subdivision. 
57.26 	The county shall review and approve the city plan if it is consistent with the goals stated in 
57.27 	section 4A.08.
57.28 	(c) In the event the county does not approve the plan, the county shall submit its 
57.29 	comments to the city within 60 days. The city may, thereafter, amend the plan and 
57.30 	resubmit the plan to the county. The county shall have an additional 60 days to review 
57.31 	and approve a resubmitted plan. In the event the county and city are unable to come to 
57.32 	agreement, either party may initiate the dispute resolution process contained in chapter 
57.33 	572A. Within 30 days of receiving notice that the other party has initiated dispute 
57.34 	resolution, the city or county shall send notice of its intent to enter dispute resolution. If 
58.1 	the city refuses to enter the dispute resolution process, it must refund any grant received 
58.2 	from the county for community-based planning activities.

58.3 	Sec. 4. Minnesota Statutes 2010, section 572A.01, subdivision 1, is amended to read:
58.4 		Subdivision 1.Filing. In the event of a dispute between a county and the Office of 
58.5 	Strategic and Long-Range Planning under section 394.232 or a county and a city under 
58.6 	section 462.3535, regarding the development, content, or approval of a community-based 
58.7 	comprehensive land use plan, an aggrieved party may file a written request for mediation, 
58.8 	as provided in subdivision 2, with the Bureau of Mediation Services at any time prior to a 
58.9 	final action on a community-based comprehensive plan or within 30 days of a final action 
58.10 	on a community-based comprehensive plan. 

58.11 	Sec. 5. Minnesota Statutes 2010, section 572A.03, subdivision 2, is amended to read:
58.12 		Subd. 2.Comprehensive land use planning. For comprehensive land use planning 
58.13 	disputes under section 462.3535, if a community-based comprehensive plan addresses the 
58.14 	goals of section 4A.08 and the arbitrators find that the city's projected estimates found in 
58.15 	its comprehensive plan are reasonable with respect to an identified urban growth area, 
58.16 	the arbitration panel may order approval of the city plan. If the order is to approve the 
58.17 	community-based comprehensive plan, the order shall contain notice directing the county 
58.18 	to approve the city plan within ten days of receipt of the arbitration order. The city shall, 
58.19 	thereafter, adopt the plan. If the order is to deny the plan, the arbitration order shall state 
58.20 	the reasons for the denial in the order and transmit the order to the city, and the county, 
58.21 	and the Office of Strategic and Long-Range Planning. The city shall within 30 days of 
58.22 	receipt of the order amend its plan and resubmit the plan to the county for review and 
58.23 	approval under this subdivision. The county shall not unreasonably withhold approval of 
58.24 	the plan if the resubmitted city plan is in keeping with the arbitration panel's order. 

58.25 	Sec. 6.  REPEALER.
 58.26 	Minnesota Statutes 2010, sections 462.3535, subdivisions 9 and 10; and 572A.02, 
58.27 	subdivision 5, are repealed.