HF 3787

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 05/15/2010 09:49pm

A bill for an act
relating to legislative enactments; correcting miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and technical errors; amending
Minnesota Statutes 2008, sections 118A.05, subdivision 3, as amended; 160.21,
subdivision 6, as added; 171.30, subdivision 1, as amended if enacted; 245A.18,
subdivision 2; 253B.185, subdivision 1, as amended; 332.70, subdivision 3, as
amended; Minnesota Statutes 2009 Supplement, sections 16C.16, subdivision
6a, as amended; 549.09, subdivision 1, as amended; 626.556, subdivision 2, as
amended; Laws 2009, chapter 172, article 1, section 2, subdivision 5; Laws
2010, chapter 189, section 21, subdivision 4; 2010 S.F. No. 2510, article 3,
section 76, if enacted.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 245A.18, subdivision 2, is amended to
read:

Subd. 2.

Child passenger restraint systems; training requirement.

(a) Programs
licensed by the Department of Human Services under Minnesota Rules, chapter 2960, that
serve a child or children under nine years of age must document training that fulfills the
requirements in this subdivision.

(b) Before a license holder, staff person, or caregiver transports a child or children
under age nine in a motor vehicle, the person transporting the child must satisfactorily
complete training on the proper use and installation of child restraint systems in motor
vehicles. Training completed under this section may be used to meet initial or ongoing
training under Minnesota Rules, part 2960.3070, subparts 1 and 2.

For all providers licensed prior to July 1, 2006, the training required in this subdivision
must be obtained by December 31, 2007.

(c) Training required under this section must be at least one hour in length,
completed at orientation or initial training, and repeated at least once every five years. At
a minimum, the training must address the proper use of child restraint systems based on
the child's size, weight, and age, and the proper installation of a car seat or booster seat in
the motor vehicle used by the license holder to transport the child or children.

(d) Training under paragraph (c) must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public
Safety Web site or by contacting the agency.

(e) Child care providers that only transport school age children as defined in section
245A.02, subdivision 16, in school buses as defined in section 169.011, subdivision 71,
deleted text begin clauses (1) to (4) deleted text end new text begin paragraphs (c) through (f) new text end , are exempt from this subdivision.

Sec. 2.

[CORR10-01]

Laws 2010, chapter 189, section 21, subdivision 4, is amended
to read:

Subd. 4. Redevelopment Account

5,000,000

For purposes of the redevelopment account
under Minnesota Statutes, sections 116J.571
to 116J.575.

$2,000,000 is for a grant to the city of Lake
Elmo. $1,000,000 must be used to design
and construct an expansion of the city's water
pumping, storage, and distribution system
to provide approximately 1,000 additional
service hookups and replace a city well lost
to contamination by perfluorochemicals
(PFC's). $1,000,000 must be used to
design and construct the extension of a
16-inch sanitary sewer force main from
the Metropolitan Council interceptor on
Interstate Highway 94 to 30th Street to the
proposed southern edge of the Lake Elmo
Village area. This appropriation is not
available until the deleted text begin council deleted text end new text begin commissioner new text end has
determined that at least an equal amount has
been committed to the project from nonstate
sources.

Notwithstanding Minnesota Statutes,
section 16A.642, grant number
RDGP-06-0007-0-FY07, awarded in
September 2006 to the city of Tower from an
appropriation to the redevelopment account
in Laws 2005, chapter 20, article 1, section
23, subdivision 11, is available until June
30, 2013.

Sec. 3.

[CORR10-03]

Minnesota Statutes 2008, section 160.21, subdivision 6, as added
by Laws 2010, chapter 279, section 1, is amended to read:

Subd. 6.

Uncompleted subdivisions.

(a) A road authority, including a statutory or
home rule charter city, may remove snow from unopened or private roads in uncompleted
subdivisions containing five or more lots, upon adoption of an annual resolution finding
that the subdivision developer, due to general insolvency or pending foreclosure, is unable
to maintain the roads and that public safety may be jeopardized if the access of school
buses, public works vehicles, or authorized emergency vehicles, as defined in section
169.011, subdivision 3, is obstructed. Snow removal activities are limited to streets
reasonably necessary for access by these buses or vehicles.

(b) Snow removal under this subdivision does not constitute:

(1) acceptance of the road from the developer by the road authority for public use;

(2) the opening of the road to public use; nor

(3) a use, repair, or maintenance of the road sufficient for the purposes of dedication
of roads under section 160.05.

(c) The road authority may impose a reasonable and proportionate charge on all
properties within the subdivision for services provided under this subdivision. These
charges, if unpaid, may constitute a lien upon the properties within the subdivision and may
be collected as a special assessment as provided by section deleted text begin 492.101 deleted text end new text begin 429.101 new text end or by charter.

(d) Where a road has been maintained pursuant to this subdivision, the road authority
with jurisdiction over the road, and its officers and employees, are exempt from liability
for any tort claim for injury to person or property arising from plowing, maintaining,
or otherwise working on the road and from traveling on the road and related to its
maintenance or condition. This paragraph does not apply to a claim for injury that is
affirmatively caused by a negligent act of the road authority or its officers and employees.

(e) This subdivision expires May 2, 2013.

Sec. 4.

[CORR10-04]

Minnesota Statutes 2008, section 118A.05, subdivision 3, as
amended by Laws 2010, chapter 234, section 1, is amended to read:

Subd. 3.

Securities lending agreements.

Securities lending agreements, including
custody agreements, may be entered into with a financial institution meeting the
qualifications of subdivision 2, clause (1) or (2), and having deleted text begin a bank deleted text end new text begin an new text end office located in
Minnesota. Securities lending transactions may be entered into with entities meeting the
qualifications of subdivision 2 and the collateral for such transactions shall be restricted to
the securities described in this section and section 118A.04.

Sec. 5.

[CORR10-05]

Minnesota Statutes 2008, section 332.70, subdivision 3, as
amended by Laws 2010, chapter 240, section 3, is amended to read:

Subd. 3.

Correction and deletion of records.

(a) If the completeness or accuracy
of a criminal record maintained by a business screening service is disputed by the
individual who is the subject of the record, the screening service shall, without charge,
investigate the disputed record. In conducting an investigation, the business screening
service shall review and consider all relevant information submitted by the subject of the
record with respect to the disputed record to determine whether the record maintained by
the screening service accurately reflects the content of the official record, as maintained by
the official government custodian.

(b) If, upon investigation, the screening service determines that the record does not
accurately reflect the content of the official record, the screening service shall correct the
disputed record so as to accurately reflect the content of the official record. If the disputed
record is found to be sealed, expunged, or the subject of a pardon, the business screening
service shall promptly delete the record. new text begin A business screening service that complies with
this subdivision is not in violation of this section.
new text end

(c) A business screening service may terminate an investigation of a disputed record
if the business screening agency reasonably determines that the dispute is frivolous, which
may be based on the failure of the subject of the record to provide sufficient information to
investigate the disputed record. Upon making a determination that the dispute is frivolous,
the business screening service shall inform the subject of the record of the specific reasons
why it has determined that the dispute is frivolous and provide a description of any
information required to investigate the disputed record.

(d) The business screening service shall notify the subject of the disputed record
of the correction or deletion of the record or of the termination or completion of the
investigation related to the record within 30 days of the date when the agency receives
notice of the dispute from the subject of the record.

Sec. 6.

[CORR10-06]

2010 S.F. No. 2510, article 3, section 76, if enacted, is amended
to read:

Sec. 76. EFFECTIVE DATE.

Sections 3 to 10 deleted text begin , deleted text end new text begin ; new text end 12 to 17 deleted text begin , and deleted text end new text begin ; new text end 19 new text begin to 28; 29, subdivisions 1 to 5; and 30 new text end to 56
are effective January 1, 2012. new text begin Section 29, subdivision 6, is effective the day following
final enactment.
new text end

Sec. 7.

[CORR10-07]

Minnesota Statutes 2008, section 253B.185, subdivision 1, as
amended by Laws 2010, chapter 300, section 26, is amended to read:

Subdivision 1.

Commitment generally.

(a) Except as otherwise provided in this
section, the provisions of this chapter pertaining to persons who are mentally ill and
dangerous to the public apply with like force and effect to persons who are alleged or
found to be sexually dangerous persons or persons with a sexual psychopathic personality.
For purposes of this section, "sexual psychopathic personality" includes any individual
committed as a "psychopathic personality" under Minnesota Statutes 1992, section 526.10.

(b) Before commitment proceedings are instituted, the facts shall first be submitted
to the county attorney, who, if satisfied that good cause exists, will prepare the petition.
The county attorney may request a prepetition screening report. The petition is to be
executed by a person having knowledge of the facts and filed with the committing court
of the county in which the patient has a settlement or is present. If the patient is in the
custody of the commissioner of corrections, the petition may be filed in the county where
the conviction for which the person is incarcerated was entered.

(c) Upon the filing of a petition alleging that a proposed patient is a sexually
dangerous person or is a person with a sexual psychopathic personality, the court shall
hear the petition as provided in section 253B.18.

(d) In commitments under this section, the court shall commit the patient to a secure
treatment facility unless the patient establishes by clear and convincing evidence that a
less restrictive treatment program is available that is consistent with the patient's treatment
needs and the requirements of public safety.

(e) After a new text begin final new text end determination that a patient is a sexually dangerous person or sexual
psychopathic personality, the court shall order commitment for an indeterminate period of
time and the patient shall be transferred, provisionally discharged, or discharged, only as
provided in this section.

Sec. 8.

[CORR10-08]

Minnesota Statutes 2009 Supplement, section 549.09,
subdivision 1, as amended by Laws 2010, chapter 249, section 1, is amended to read:

Subdivision 1.

When owed; rate.

(a) When a judgment or award is for the recovery
of money, including a judgment for the recovery of taxes, interest from the time of
the verdict, award, or report until judgment is finally entered shall be computed by the
court administrator or arbitrator as provided in paragraph (c) and added to the judgment
or award.

(b) Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest on pecuniary damages shall be computed as provided
in paragraph (c) from the time of the commencement of the action or a demand for
arbitration, or the time of a written notice of claim, whichever occurs first, except as
provided herein. The action must be commenced within two years of a written notice of
claim for interest to begin to accrue from the time of the notice of claim. If either party
serves a written offer of settlement, the other party may serve a written acceptance or a
written counteroffer within 30 days. After that time, interest on the judgment or award
shall be calculated by the judge or arbitrator in the following manner. The prevailing
party shall receive interest on any judgment or award from the time of commencement
of the action or a demand for arbitration, or the time of a written notice of claim, or as
to special damages from the time when special damages were incurred, if later, until the
time of verdict, award, or report only if the amount of its offer is closer to the judgment or
award than the amount of the opposing party's offer. If the amount of the losing party's
offer was closer to the judgment or award than the prevailing party's offer, the prevailing
party shall receive interest only on the amount of the settlement offer or the judgment or
award, whichever is less, and only from the time of commencement of the action or a
demand for arbitration, or the time of a written notice of claim, or as to special damages
from when the special damages were incurred, if later, until the time the settlement offer
was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
and counteroffers. For the purposes of clause (2), the amount of settlement offer must
be allocated between past and future damages in the same proportion as determined by
the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest shall not be awarded on the following:

(1) judgments, awards, or benefits in workers' compensation cases, but not including
third-party actions;

(2) judgments or awards for future damages;

(3) punitive damages, fines, or other damages that are noncompensatory in nature;

(4) judgments or awards not in excess of the amount specified in section 491A.01;
and

(5) that portion of any verdict, award, or report which is founded upon interest, or
costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.

(c)(1) For a judgment or award of $50,000 or less or a judgment or award for
or against the state or a political subdivision of the state, regardless of the amount, the
interest shall be computed as simple interest per annum. The rate of interest shall be based
on the secondary market yield of one year United States Treasury bills, calculated on a
bank discount basis as provided in this section.

On or before the 20th day of December of each year the state court administrator
shall determine the rate from the one-year constant maturity treasury yield for the most
recent calendar month, reported on a monthly basis in the latest statistical release of the
board of governors of the Federal Reserve System. This yield, rounded to the nearest one
percent, or four percent, whichever is greater, shall be the annual interest rate during the
succeeding calendar year. The state court administrator shall communicate the interest
rates to the court administrators and sheriffs for use in computing the interest on verdicts
and shall make the interest rates available to arbitrators.

This clause applies to any section that references section 549.09 by citation for
the purposes of computing an interest rate on any amount owed to or by the state or a
political subdivision of the state, regardless of deleted text begin if the amount is greater than or less than
$50,000 deleted text end new text begin the amount new text end .

(2) For a judgment or award over $50,000, other than a judgment or award for or
against the state or a political subdivision of the state, the interest rate shall be ten percent
per year until paid.

(3) When a judgment creditor, or the judgment creditor's attorney or agent, has
received a payment after entry of judgment, whether the payment is made voluntarily by
or on behalf of the judgment debtor, or is collected by legal process other than execution
levy where a proper return has been filed with the court administrator, the judgment
creditor, or the judgment creditor's attorney, before applying to the court administrator
for an execution shall file with the court administrator an affidavit of partial satisfaction.
The affidavit must state the dates and amounts of payments made upon the judgment after
the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
is applied to taxable disbursements and to accrued interest and to the unpaid principal
balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
application of each payment.

(d) This section does not apply to arbitrations between employers and employees
under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
awarding interest under chapter 179 or under section 179A.16 for essential employees.

(e) For purposes of this subdivision:

(1) "state" includes a department, board, agency, commission, court, or other entity
in the executive, legislative, or judicial branch of the state; and

(2) "political subdivision" includes a town, statutory or home rule charter city,
county, school district, or any other political subdivision of the state.

Sec. 9. new text begin EMERALD ASH BORER FUNDS.
new text end

[CORR10-09A]

new text begin All funds appropriated in Laws 2009, chapter 172, for Emerald Ash Borer must be
in accordance with the same criteria for all other projects funded in article 1 of that law.
new text end

Sec. 10.

[CORR10-09B]

Laws 2009, chapter 172, article 1, section 2, subdivision 5,
is amended to read:

Subd. 5. Fish, Game, and Wildlife Habitat

13,903,000

-0-

(a) Outdoor Heritage Conservation Partners Grant Program

$4,000,000 in fiscal year 2010 is to the
commissioner of natural resources for a deleted text begin pilot deleted text end
program to provide competitive, matching
grants of up to $400,000 to local, regional,
state, and national organizations, including
government, for enhancement, restoration,
or protection of forests, wetlands, prairies,
and habitat for fish, game, or wildlife in
Minnesota. Up to 6-1/2 percent of this
appropriation may be used for administering
the grant. The funds may be advanced in
three equal sums, on or after November
1, 2009, February 1, 2010, and April 1,
2010. Grantees may protect land through
acquisition of land or interests in land.
Easements must be permanent. Land
acquired in fee must be open to hunting
and fishing during the open season unless
otherwise provided by state law. The
commissioner of natural resources must
agree to each proposed acquisition of land
or interest in land. The program shall
require a match of at least $1 nonstate funds
to $10 state funds. The nonstate dollars
match may be in-kind. The criteria for
evaluating grant applications must include
amount of habitat restored, enhanced,
or protected; local support; degree of
collaboration; urgency; multiple benefits;
habitat benefits provided; consistency with
sound conservation science; adjacency to
protected lands; full funding of the project;
supplementing existing funding; public
access for hunting and fishing during the
open season; sustainability; and use of native
plant materials. All projects must conform
to the Minnesota statewide conservation and
preservation plan. Wildlife habitat projects
must also conform to the state wildlife action
plan. Priority may be given to projects
acquiring land or easements associated
with existing wildlife management areas.
All restoration or enhancement projects
must be on land permanently protected by
conservation easement or public ownership.
To the extent possible, a person conducting
prairie restorations with money appropriated
in this section must plant vegetation or sow
seed only of ecotypes native to Minnesota,
and preferably of the local ecotype, using a
high diversity of species originating from as
close to the restoration site as possible, and
protect existing native prairies from genetic
contamination. Subdivision 10 applies to
grants awarded under this paragraph. This
appropriation is available until June 30,
2013, at which time all grant projects must
be completed and final products delivered,
unless an earlier date is specified in the grant
agreement. No less than 15 percent of the
amount of each grant must be held back from
reimbursement until the grant recipient has
completed a grant accomplishment report in
the form prescribed by and satisfactory to the
Lessard Outdoor Heritage Council.

As a condition of proceeding with this
appropriation, the commissioner shall report
on the feasibility, process, and timeline for
creation of a Minnesota fish and wildlife
foundation, to be modeled after the National
Fish and Wildlife Foundation, and on the
possibility of allowing for the administration
by this entity of the conservation partners
grant program.

The legislative guide created in this act
shall consider whether this program should
be administered by the National Fish and
Wildlife Foundation, the commissioner of
natural resources, or some neutral third party.

(b) Aquatic Management Area Acquisition

$5,748,000 in fiscal year 2010 is to the
commissioner of natural resources to acquire
land in fee title and easement to be added to
the state aquatic management area system.
Acquired land must remain open to hunting
and fishing, consistent with the capacity
of the land, during the open season, as
determined by the commissioner of natural
resources. A list of proposed fee title and
easement acquisitions must be provided as
part of the required accomplishment plan.

(c) Cold Water River and Stream Restoration, Protection, and Enhancement

$2,050,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with Trout Unlimited or successor
to restore, enhance, and protect cold water
river and stream habitats in Minnesota. A
list of proposed acquisitions and a list of
proposed projects, describing the types and
locations of restorations and enhancements,
must be provided as part of the required
accomplishment plan. The commissioner
of natural resources must agree to each
proposed acquisition, restoration, and
enhancement.

(d) Dakota County Habitat Protection

$1,000,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with Dakota County for
acquisition of permanent easements. A list
of proposed acquisitions must be provided as
part of the required accomplishment plan.

(e) Lake Rebecca Water Quality Improvement Project

$450,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with the Three Rivers Park
District to improve the water quality in Lake
Rebecca in Lake Rebecca Park Reserve
in Hennepin County. A description of the
activities to enhance fish habitat in Lake
Rebecca must be provided as part of the
required accomplishment plan.

(f) Fountain Lake Fish Barriers

$655,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with the Shell Rock River
Watershed District to construct fish barriers
at three locations on Fountain Lake. Land
acquisition necessary for fish barrier
construction is permitted. A list of proposed
projects, describing the types and locations
of barriers, must be provided as part of
the required accomplishment plan. The
commissioner of natural resources must
agree to each proposed barrier.

Sec. 11.

[CORR10-10]

Minnesota Statutes 2008, section 171.30, subdivision 1, as
amended by 2010 H.F. No. 3106, section 11, if enacted, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) new text begin The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) new text end in any case where a person's
license has been new text begin :
new text end

new text begin (1) new text end suspended under section 171.18, 171.173, or 171.186;

new text begin (2) new text end revoked new text begin , canceled, or denied new text end under section new text begin :
new text end

new text begin (i) new text end 169.792;

new text begin (ii) new text end 169.797;

new text begin (iii) new text end 169A.52 deleted text begin , deleted text end new text begin :
new text end

new text begin (A) new text end subdivision 3, paragraph (a), clause (1) deleted text begin , deleted text end new text begin or new text end (2) deleted text begin , deleted text end new text begin ;
new text end

new text begin (B) subdivision 3, paragraph (a), clause new text end (4), (5), or (6), deleted text begin or deleted text end new text begin if in compliance with
section 171.306;
new text end

new text begin (C) new text end subdivision 4, paragraph (a), clause (1) new text begin or (2), new text end if the test results indicate an
alcohol concentration of less than twice the legal limit deleted text begin , (2) if the test results indicate an
alcohol concentration of less than twice the legal limit, deleted text end new text begin ;
new text end

new text begin (D) subdivision 4, paragraph (a), clause new text end (4), (5), or (6) new text begin , if in compliance with section
171.306 new text end ;

new text begin (iv) new text end 171.17; or

new text begin (v) new text end 171.172; or

new text begin (3) new text end revoked, canceled, or denied under section 169A.54 deleted text begin , deleted text end new text begin :
new text end

new text begin (i) new text end subdivision 1, clause (1), new text begin if the test results indicate an alcohol concentration
of less than twice the legal limit;
new text end

new text begin (ii) subdivision 1, clause new text end (2) deleted text begin , deleted text end new text begin ;
new text end

new text begin (iii) subdivision 1, clause new text end (4), (5), or (6), new text begin if in compliance with section 171.306; new text end or

new text begin (iv) new text end subdivision 2 new text begin , new text end if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, deleted text begin the
commissioner may issue a limited license to the driver including under the following
conditions: deleted text end new text begin and the test results indicate an alcohol concentration of less than twice the
legal limit.
new text end

new text begin (b) The following conditions for a limited license under paragraph (a) include:
new text end

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; or

(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

deleted text begin (b deleted text end new text begin (c) new text end ) The commissioner in issuing a limited license may impose such conditions
and limitations as in the commissioner's judgment are necessary to the interests of the
public safety and welfare including reexamination as to the driver's qualifications. The
license may be limited to the operation of particular vehicles, to particular classes and times
of operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.

deleted text begin (c) deleted text end new text begin (d) new text end For purposes of this subdivision: (1) "homemaker" refers to the person
primarily performing the domestic tasks in a household of residents consisting of at least
the person and the person's dependent child or other dependents; and (2) "twice the legal
limit" means an alcohol concentration of two times the limit specified in section 169A.20,
subdivision 1, clause (5).

deleted text begin (d) deleted text end new text begin (e) new text end The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.

deleted text begin (e) deleted text end new text begin (f) new text end In determining whether to issue a limited license, the commissioner shall
consider the number and the seriousness of prior convictions and the entire driving record
of the driver and shall consider the number of miles driven by the driver annually.

deleted text begin (f) deleted text end new text begin (g) new text end If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.

deleted text begin (g) deleted text end new text begin (h) new text end The limited license issued by the commissioner to a person under section
171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.

deleted text begin (h) deleted text end new text begin (i) new text end The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

deleted text begin (i) deleted text end new text begin (j) new text end The commissioner shall not issue a class A, class B, or class C limited license.

Sec. 12.

[CORR10-11]

Minnesota Statutes 2009 Supplement, section 16C.16,
subdivision 6a, as amended by Laws 2010, chapter 333, article 2, section 3, is amended to
read:

Subd. 6a.

Veteran-owned small businesses.

(a) new text begin Except when mandated by the
federal government as a condition of receiving federal funds, new text end the commissioner shall
award up to a six percent preference, but no less than the percentage awarded to any
other group under this section, in the amount bid on state procurement to certified small
businesses that are majority-owned and operated by:

(1) recently separated veterans who have served in active military service, at any
time on or after September 11, 2001, and who have been discharged under honorable
conditions from active service, as indicated by the person's United States Department of
Defense form DD-214 or by the commissioner of veterans affairs;

(2) veterans with service-connected disabilities, as determined at any time by the
United States Department of Veterans Affairs; or

(3) any other veteran-owned small businesses certified under section 16C.19,
paragraph (d).

(b) The purpose of this designation is to facilitate the transition of veterans from
military to civilian life, and to help compensate veterans for their sacrifices, including but
not limited to their sacrifice of health and time, to the state and nation during their military
service, as well as to enhance economic development within Minnesota.

Sec. 13.

[CORR10-12]

Minnesota Statutes 2009 Supplement, section 626.556,
subdivision 2, as amended by Laws 2010, chapter 329, article 1, section 19, is amended to
read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,
and in the case of sexual abuse includes a person who has a significant relationship to the
child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who by act or omission commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include,
but are not limited to, any of the following that are done in anger or without regard to the
safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.

(q) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota Rules,
chapter 9503. If clauses (1) to (5) apply, rather than making a determination of deleted text begin substantial deleted text end new text begin
substantiated new text end maltreatment by the individual, the commissioner of human services shall
determine that a nonmaltreatment mistake was made by the individual.

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise provided, each section of this act takes effect at the time the
provision being corrected takes effect.
new text end