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Capital IconMinnesota Legislature

SF 3656

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 09/27/2018 11:43am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments Comparisons
Introduction Posted on 04/25/2018
1st Engrossment Posted on 04/27/2018
2nd Engrossment Posted on 05/20/2018 compared with HF4099 1st Engrossment
3rd Engrossment Posted on 05/30/2018
Unofficial Engrossments Comparisons
1st Unofficial Engrossment Posted on 05/04/2018
Conference Committee Reports Comparisons
CCR-SF3656 Posted on 05/19/2018

Current Version - 3rd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 2.47 2.48 2.49 2.50 2.51 2.52 2.53 2.54 2.55 2.56 2.57 2.58 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 3.37 3.38 3.39 3.40 3.41 3.42 3.43 3.44 3.45 3.46 3.47 3.48 3.49 3.50 3.51 3.52 3.53 3.54 3.55 3.56 3.57 3.58 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 4.37 4.38 4.39 4.40 4.41 4.42 4.43 4.44 4.45 4.46 4.47 4.48 4.49 4.50 4.51 4.52 4.53 4.54 4.55 4.56 4.57 4.58 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10
5.11 5.12
5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24
5.25 5.26 5.27 5.28 5.29
5.30 5.31 5.32 5.33 5.34
5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20
6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27
7.28 7.29
8.1 8.2
8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21
8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 9.1 9.2 9.3 9.4 9.5 9.6 9.7
9.8 9.9
9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4
10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6
11.7 11.8
11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17
11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16
12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31
12.32 12.33
13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 15.1 15.2
15.3 15.4 15.5 15.6
15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16
15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27
15.28 15.29 15.30 15.31 16.1 16.2 16.3
16.4 16.5 16.6 16.7 16.8
16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6
17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23
17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12
18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21
18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 20.1 20.2
20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13
20.14
20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28
20.29
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16
21.17 21.18 21.19
21.20 21.21 21.22
21.23 21.24
21.25 21.26 21.27 21.28 21.29 21.30
21.31
22.1 22.2 22.3 22.4 22.5 22.6 22.7
22.8
22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16
22.17 22.18 22.19
22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33
23.1
23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9
23.10
23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 24.1 24.2 24.3 24.4
24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24
24.25
24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14
26.15
26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28
26.29
27.1 27.2
27.3
27.4
27.5 27.6
27.7 27.8
27.9
27.10 27.11
27.12
27.13
27.14 27.15
27.16 27.17 27.18 27.19 27.20
27.21
27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29
28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10
28.11 28.12 28.13 28.14
28.15 28.16
28.17 28.18
28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8
29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21
29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9
30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22
30.23 30.24
30.25 30.26
30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8
36.9
36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7
37.8
37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22
38.23
38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28
39.29
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10
40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 42.1
42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11
43.12
43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15
44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26
45.27
46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9
46.10
46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24
46.25
46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10
47.11 47.12 47.13 47.14 47.15 47.16 47.17
47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27
47.28
47.29 47.30 47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31
48.32
49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15
51.16
51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8
52.9
52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11
53.12 53.13
53.14
53.15 53.16
53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28
53.29 53.30 53.31 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33
56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15
56.16 56.17 56.19 56.18 56.20 56.22 56.21 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14
68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18
81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15
82.16 82.17 82.18 82.19 82.20
82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27
83.28 83.29 83.30 83.31 83.32 83.33 83.34 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25
84.26 84.27
84.28 84.29 84.30 84.31 84.32 84.33 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32
85.33
86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14
86.15
86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31
87.1 87.2 87.3 87.4
87.5 87.6
87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18
87.19 87.20 87.21 87.22 87.23
87.24 87.25
87.26 87.27 87.28 87.29 87.30 87.31 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18
88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25
89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 90.1 90.2 90.3 90.4 90.5
90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 91.1 91.2
91.3 91.4
91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13
91.14
91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 92.1 92.2 92.3 92.4 92.5
92.6
92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25
92.26
92.27 92.28 92.29 92.30 92.31 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8
96.9
96.10 96.11 96.12 96.13 96.14
96.15 96.16
96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 102.1 102.2 102.3
102.4 102.5
102.6 102.7
102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8
103.9 103.10
103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14
105.15 105.16
105.17 105.18
105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 108.1 108.2 108.3 108.4 108.5 108.6
108.7 108.8 108.9
108.10 108.11
108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18
110.19 110.20
110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 111.1 111.2 111.3 111.4
111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.14 111.13 111.16 111.15 111.18 111.17 111.20 111.19 111.22 111.21 111.24 111.23 111.26 111.25 111.28 111.27 111.30 111.29 111.32 111.31 111.34 111.33 111.36 111.35 111.38 111.37 111.40 111.39 112.2 112.1 112.4 112.3 112.6 112.5 112.8 112.7 112.10 112.9 112.12 112.11 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22
112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34 112.35 112.36 112.37 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10
113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14
114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 115.34 116.1 116.2 116.3 116.4
116.5
116.6 116.7 116.8
116.9 116.10
116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26
117.27 117.28 117.29 117.30 117.31 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11
121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13
122.14
122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30
123.31
123.32 123.33
124.1 124.2
124.3 124.4 124.5 124.6 124.7 124.8 124.9
124.10
124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20
124.21
124.22 124.23
124.24 124.25
124.26 124.27 124.28 124.29 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 125.35 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18
126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27
127.28 127.29
128.1 128.2
128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18
128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8
129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23
129.24
129.25 129.26 129.27 129.28 129.29 129.30 129.31 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27
131.28 131.29 131.30 131.31 131.32 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8
134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27
134.28 134.29 134.30 134.31 134.32 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17
135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23
136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9
137.10 137.11
137.12 137.13
137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24
137.25 137.26 137.27 137.28 137.29 137.30 137.31 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29
138.30 138.31 138.32 138.33 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13
139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 140.1 140.2 140.3 140.4
140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18
140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31
141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12
141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23
141.24 141.25 141.26 141.27 141.28 141.29 141.30 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11
142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20
142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 143.1 143.2
143.3 143.4
143.5 143.6
143.7 143.8
143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21
143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29
144.30 144.31 144.32 144.33 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8
150.9 150.10 150.11 150.12 150.13 150.14
150.15 150.16 150.17 150.18 150.19 150.20 150.21
150.22
150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30
151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22
152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29
154.30 154.32 154.31 154.33 154.34 155.1 155.3 155.2 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 155.35 155.36 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26
156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 157.35 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 158.35 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26
160.27 160.28
160.29 160.30 160.31 160.32 160.33 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27
161.28 161.29 161.30 161.31 161.32 161.33 161.34 162.1 162.2 162.3 162.4 162.5 162.6 162.7
162.8 162.9 162.10 162.11 162.12
162.13 162.14 162.15 162.16 162.17 162.18
162.19 162.20 162.21 162.22 162.23
162.24 162.25 162.26 162.27 162.28 162.29 162.30 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26
164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2
165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22
165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19
166.20
166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33
168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 169.1 169.2
169.3 169.4
169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12
170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 172.1 172.2 172.3
172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22
172.23
172.24 172.25 172.26 172.27 172.28 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13
174.14
174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10
175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26
175.27 175.28 175.29 175.30 175.31 175.32 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9
176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 177.1 177.2 177.3 177.4 177.5 177.6 177.7
177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 178.1 178.2 178.3 178.4 178.5 178.6 178.7
178.8 178.9
178.10 178.11 178.12 178.13 178.14
178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9
179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28
180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11
180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10
181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26
181.27 181.28 181.29
181.30 181.31 181.32 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9
182.10 182.11 182.12 182.13 182.14 182.15
182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23
182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22
183.23 183.24 183.25 183.26 183.27 183.28 183.29 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26
184.27 184.28 184.29 184.30 184.31 184.32 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11
185.12
185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 185.34
186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9
186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15
187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32
188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10
188.11 188.12 188.13 188.14
188.15 188.16 188.17 188.18
188.19 188.20 188.21 188.22 188.23 188.24
188.25 188.26 188.27 188.28 188.29 188.30 189.1 189.2 189.3 189.4 189.5 189.6
189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16
189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25
189.26 189.27 189.28 189.29 189.30 190.1 190.2 190.3 190.4 190.5
190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33
191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17
191.18 191.19 191.20 191.21
191.22 191.23 191.24 191.25
191.26 191.27 191.28 191.29 191.30
192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9
192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18
192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9
193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11
194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 195.1 195.2 195.3
195.4 195.5 195.6 195.7 195.8 195.9
195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32
196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10
196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11
198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34
199.1 199.2 199.3 199.4 199.5 199.6 199.7
199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23
199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33
200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22
201.23 201.24 201.25 201.26 201.27 201.28 201.29
201.30
201.31 201.32 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31
202.32
203.1 203.2 203.3 203.4 203.5
203.6 203.7
203.8 203.9 203.10 203.11 203.12 203.13 203.14
203.15 203.16 203.17
203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15
204.16 204.17 204.18
204.19 204.20 204.21 204.22 204.23 204.24 204.25
204.26 204.27 204.28
204.29 204.30 204.31 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18
205.19 205.20 205.21
205.22 205.23 205.24 205.25 205.26 205.27 205.28
205.29 205.30 205.31
206.1 206.2 206.3 206.4 206.5 206.6 206.7
206.8 206.9 206.10
206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24
206.25 206.26 206.27
206.28 206.29 206.30 206.31 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22
207.23
207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25
208.26
208.27 208.28 208.29 208.30 208.31 208.32 209.1 209.2
209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12
209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21
209.22 209.23 209.24 209.25
209.26 209.27 209.28 209.29
210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10
210.11 210.12 210.13 210.14 210.15 210.16
210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29
211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13
211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20
212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30
213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8
213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32
214.1 214.2 214.3
214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17
214.18 214.19 214.20
214.21 214.22 214.23 214.24 214.25 214.26
215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23
215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9
216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 217.1 217.2 217.3 217.4 217.5 217.6 217.7
217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19
217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32
218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9
218.10 218.11 218.12 218.13 218.14
218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26
218.27 218.28 218.29 218.30 218.31 218.32 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30
219.31 219.32 219.33
220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15
220.16 220.17 220.18
220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26
220.27 220.28 220.29 220.30 220.31 220.32 220.33 221.1 221.2 221.3 221.4
221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11
222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25
223.26 223.27 223.28 223.29
224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9
224.10 224.11 224.12 224.13 224.14 224.15 224.16
224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25
224.26 224.27 224.28 224.29 224.30 224.31 224.32 225.1 225.2 225.3 225.4 225.5 225.6
225.7 225.8 225.9
225.10 225.11 225.12
225.13 225.14
225.15 225.16 225.17 225.18 225.19 225.20
225.21
225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 226.32 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24
227.25
227.26 227.27 227.28 227.29 227.30 227.31 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20
228.21
228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27
229.28 229.29 229.30 229.31 229.32 230.1 230.2
230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12
230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21
230.22
230.23 230.24
230.25 230.26 230.27 230.28 230.29 230.30 230.31 231.1 231.2 231.3 231.4 231.5 231.6
231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30
231.31 231.32 231.33 231.34 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14
232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27
233.28 233.29 233.30 233.31 233.32 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 234.31 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19
235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 235.31 235.32 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9
237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26
237.27 237.28 237.29 237.30 237.31 237.32 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11
238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26
238.27 238.28 238.29 238.30
239.1 239.2 239.3 239.4 239.5 239.6 239.7
239.8 239.9 239.10 239.11
239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20
239.21 239.22 239.23 239.24
239.25 239.26 239.27 239.28 239.29 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17
240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12
241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30
242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14
243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24
243.25 243.26 243.27 243.28 243.29 243.30 243.31
244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11
244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12
245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23
246.24 246.25 246.26 246.27
246.28 246.29 246.30 246.31 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 247.33 248.1 248.2 248.3
248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9
249.10 249.11 249.12 249.13
249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31
250.1 250.2 250.3 250.4 250.5 250.6
250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25
250.26 250.27
250.28 250.29 250.30 250.31 250.32 251.1 251.2 251.3 251.4 251.5 251.6
251.7 251.8 251.9 251.10 251.11 251.12 251.13
251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32 252.1 252.2 252.3 252.4
252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18
252.19
252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 253.1 253.2
253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26
253.27 253.28 253.29 253.30 253.31 253.32 254.1 254.2 254.3 254.4
254.5 254.6 254.7 254.8 254.9 254.10 254.11
254.12 254.13 254.14 254.15 254.16 254.17 254.18
254.19 254.20 254.21 254.22 254.23 254.24 254.25
254.26 254.27 254.28 254.29 254.30 254.31 254.32 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17
255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29
255.30 255.31 255.32 255.33 255.34 256.1 256.2 256.3 256.4 256.5
256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14
256.15 256.16 256.17
256.18 256.19
256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 257.1 257.2
257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31 257.32 257.33 257.34 257.35 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 258.33 258.34 258.35 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33
260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9
260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 260.32 260.33 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 261.32 261.33 262.1 262.2 262.3 262.4 262.5 262.6 262.7
262.8
262.9 262.10 262.11 262.12 262.13 262.14
262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 262.32 262.33 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 263.33 263.34 263.35 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31 264.32 264.33 264.34 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 265.33 265.34 265.35 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 266.33 266.34 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19
267.20 267.21 267.23 267.22 267.24 267.25 267.26 267.28 267.27 267.30 267.29 267.31 267.32 267.33 267.34 267.35 268.1 268.2
268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.12 268.11 268.13 268.14 268.15 268.17 268.16 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 268.33 268.34 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12
269.13 269.14 269.15 269.16 269.17 269.18 269.20 269.19 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 269.32 269.33 269.34 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26
270.27 270.28 270.29 270.30 270.31 270.32 270.33 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26
271.27 271.28
271.29 271.30 271.31 271.32 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27
272.28
273.1 273.2 273.3 273.4 273.5 273.6
273.7 273.8
273.9 273.10 273.11 273.12
273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21
273.22 273.23
273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 274.32 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 275.34 275.35 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 276.33 276.34 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 277.31 277.32 277.33 277.34 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10
278.11 278.12 278.13 278.14 278.15 278.16
278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 279.1 279.2 279.3
279.4
279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16
279.17
279.18 279.19 279.20 279.21 279.22 279.23
279.24 279.25 279.26 279.27 279.28 279.29 279.30
280.1 280.2 280.3 280.4 280.5 280.6 280.7
280.8 280.9 280.10 280.11 280.12 280.13
280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21
280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31 280.32 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 281.34 282.1 282.2 282.3 282.4 282.5 282.6 282.7
282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21
282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 283.32 283.33 284.1 284.2 284.3 284.4
284.5 284.6 284.7 284.8 284.9 284.10
284.11
284.12 284.13 284.14
284.15
284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23
284.24
284.25 284.26 284.27 284.28 284.29 284.30 285.1 285.2
285.3 285.4 285.5 285.6 285.7 285.8
285.9 285.10 285.11 285.12 285.13
285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9
286.10
286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23
286.24 286.25 286.26 286.27 286.28
286.29
287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9
287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26
287.27 287.28 287.29 287.30 287.31 287.32 288.1 288.2 288.3
288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19
288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 288.33 289.1 289.2 289.3 289.4
289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12
289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 291.1 291.2 291.3 291.4 291.5
291.6 291.7
291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 292.1 292.2 292.3 292.4
292.5 292.6 292.7 292.8 292.9
292.10 292.11 292.12 292.13
292.14 292.15 292.16 292.17 292.18 292.19
292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 293.1 293.2 293.3 293.4 293.5 293.6
293.7
293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27
294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30
294.31 294.32 294.33 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11
295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 295.33 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20
296.21 296.22
296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 296.32 296.33 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18
297.19 297.20
297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28
297.29 297.30 297.31 297.32 298.1 298.2 298.3 298.4 298.5
298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 298.32 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9
299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27
299.28 299.29 299.30 299.31 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9
301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30
302.1 302.2 302.3 302.4 302.5 302.6 302.7
302.8 302.9 302.10 302.11 302.12
302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25 302.26 302.27 302.28 302.29 302.30 302.31 303.1 303.2
303.3 303.4 303.5 303.6 303.7 303.8 303.9
303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27 303.28
304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19
304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 305.1 305.2 305.3 305.4
305.5 305.6
305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22
305.23 305.24 305.25 305.26 305.27 305.28
305.29 305.30 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14
306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 307.1 307.2 307.3
307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13 307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30
308.1 308.2 308.3 308.4 308.5 308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16
308.17
308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 309.1 309.2 309.3 309.4 309.5
309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25
309.26 309.27 309.28 309.29 309.30 310.1 310.2 310.3 310.4 310.5 310.6
310.7 310.8 310.9 310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21
310.22
310.23 310.24 310.25 310.26 310.27 310.28 310.29 311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22
311.23
311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 311.32 311.33 312.1 312.2 312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15
312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29 312.30 312.31 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8
313.9
313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29 313.30 313.31 313.32 313.33 313.34 313.35 313.36 313.37 313.38 313.39 313.40 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 314.34 314.35 314.36 314.37
315.1 315.2 315.3 315.4 315.5 315.6
315.7 315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18
315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26
316.27 316.28 316.29 316.30 316.31 317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21
317.22 317.23 317.24
317.25
317.26 317.27 317.28 317.29 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9 318.10 318.11 318.12 318.13 318.14 318.15 318.16
318.17 318.18 318.19 318.20
318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30
319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11
319.12 319.13 319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21
319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29
320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23 320.24 320.25 320.26 320.27 320.28
320.29 320.30 320.31 321.1 321.2 321.3 321.4 321.5 321.6 321.7
321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15 321.16 321.17 321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28
321.29 321.30 321.31 321.32 321.33 322.1 322.2 322.3 322.4
322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13
322.14 322.15 322.16 322.17 322.18 322.19
322.20 322.21 322.22 322.23
322.24 322.25 322.26 322.27 322.28 322.29 322.30 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15 323.16 323.17 323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 323.31 324.1 324.2 324.3 324.4 324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14
324.15 324.16 324.17 324.18
324.19
324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28 324.29 324.30 324.31 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8
325.9 325.10 325.11 325.12 325.13 325.14
325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22 325.23 325.24 325.25 325.26 325.27 325.28 325.29 325.30 325.31 325.32 325.33 325.34 326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11
326.12 326.13 326.14 326.15 326.16 326.17
326.18 326.19 326.20 326.21 326.22 326.23 326.24 326.25 326.26 326.27 326.28 326.29 326.30 326.31 326.32 326.33 327.1 327.2 327.3
327.4
327.5 327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27
327.28 327.29 327.30 327.31 327.32 327.33
328.1 328.2 328.3 328.4 328.5 328.6 328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20 328.21 328.22 328.23
328.24 328.25 328.26 328.27 328.28 328.29
328.30 328.31 328.32 329.1 329.2 329.3 329.4 329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18 329.19 329.20 329.21 329.22 329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 329.32 329.33 329.34 329.35 330.1 330.2 330.3 330.4 330.5 330.6 330.7 330.8 330.9 330.10 330.11 330.12 330.13
330.14 330.15 330.16 330.17 330.18 330.19
330.20 330.21 330.22 330.23 330.24 330.25
330.26 330.27 330.28 330.29 330.30 330.31
331.1 331.2 331.3 331.4 331.5 331.6 331.7 331.8 331.9 331.10 331.11 331.12 331.13 331.14 331.15 331.16 331.17 331.18 331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27 331.28 331.29 331.30 331.31 331.32 331.33 331.34 331.35 332.1 332.2 332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15
332.16 332.17 332.18 332.19 332.20 332.21
332.22 332.23 332.24 332.25 332.26 332.27 332.28 332.29 332.30 332.31 332.32 332.33 332.34 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15 333.16 333.17 333.18 333.19 333.20 333.21 333.22 333.23 333.24 333.25 333.26 333.27 333.28 333.29 333.30 333.31 333.32 333.33 334.1 334.2 334.3 334.4 334.5 334.6 334.7 334.8 334.9 334.10 334.11 334.12 334.13 334.14
334.15 334.16 334.17 334.18 334.19 334.20
334.21 334.22 334.23 334.24 334.25 334.26 334.27 334.28 334.29 334.30 334.31 334.32 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21 335.22 335.23 335.24 335.25 335.26 335.27 335.28 335.29 335.30 335.31 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18 336.19 336.20 336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 336.29 336.30 336.31 336.32
337.1 337.2 337.3 337.4 337.5 337.6
337.7 337.8 337.9 337.10 337.11 337.12 337.13 337.14 337.15 337.16 337.17 337.18
337.19 337.20 337.21 337.22 337.23 337.24
337.25 337.26 337.27 337.28 337.29 337.30 337.31 337.32 337.33 338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9 338.10 338.11 338.12
338.13 338.14 338.15 338.16 338.17 338.18
338.19 338.20 338.21 338.22 338.23 338.24 338.25 338.26 338.27 338.28 338.29 338.30
338.31 338.32 338.33 339.1 339.2 339.3
339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14
339.15 339.16 339.17 339.18 339.19 339.20
339.21 339.22 339.23 339.24 339.25
339.26
339.27 339.28 339.29 339.30 339.31 339.32 340.1 340.2 340.3 340.4 340.5 340.6 340.7 340.8
340.9 340.10 340.11 340.12 340.13 340.14
340.15 340.16 340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 340.32 340.33 341.1 341.2 341.3 341.4 341.5 341.6
341.7 341.8 341.9 341.10 341.11 341.12
341.13 341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30
341.31 341.32
342.1 342.2 342.3 342.4
342.5
342.6 342.7 342.8 342.9 342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21
342.22 342.23 342.24 342.25 342.26 342.27
342.28 342.29 342.30 342.31
343.1 343.2
343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18 343.19 343.20 343.21 343.22 343.23
343.24 343.25 343.26 343.27 343.28 343.29
344.1 344.2 344.3 344.4 344.5 344.6 344.7
344.8 344.9
344.10 344.11 344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28 344.29 344.30 345.1 345.2 345.3 345.4 345.5 345.6 345.7
345.8 345.9
345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23
345.24 345.25
345.26 345.27 345.28 345.29 345.30 345.31 346.1 346.2 346.3 346.4 346.5 346.6 346.7 346.8 346.9 346.10 346.11 346.12 346.13 346.14 346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22
346.23 346.24
346.25 346.26 346.27 346.28 346.29 346.30 346.31 346.32 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 347.9 347.10
347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22
347.23 347.24 347.25 347.26 347.27 347.28 347.29 347.30 347.31 347.32 348.1 348.2 348.3 348.4
348.5 348.6
348.7 348.8 348.9
348.10 348.11 348.12
348.13 348.14 348.15 348.16 348.17 348.18 348.19 348.20 348.21 348.22 348.23 348.24 348.25 348.26 348.27 348.28 348.29 348.30 348.31 349.1 349.2 349.3 349.4 349.5 349.6 349.7 349.8 349.9 349.10 349.11 349.12 349.13 349.14 349.15 349.16 349.17 349.18 349.19 349.20 349.21 349.22 349.23 349.24 349.25 349.26 349.27 349.28 349.29 349.30 349.31 350.1 350.2 350.3 350.4 350.5 350.6 350.7 350.8 350.9 350.10 350.11 350.12 350.13 350.14 350.15 350.16 350.17
350.18 350.19
350.20 350.21 350.22 350.23 350.24 350.25 350.26 350.27 350.28 350.29 350.30 350.31 350.32
351.1 351.2 351.3 351.4 351.5 351.6 351.7 351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15
351.16 351.17 351.18 351.19 351.20 351.21 351.22 351.23 351.24
351.25 351.26 351.27
351.28 351.29 351.30 351.31 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10
352.11
352.12 352.13 352.14 352.15
352.16
352.17 352.18 352.19 352.20 352.21 352.22 352.23 352.24 352.25
352.26 352.27 352.28 352.29 353.1 353.2 353.3 353.4 353.5
353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14
353.15 353.16 353.17 353.18 353.19 353.20 353.21 353.22 353.23
353.24 353.25 353.26 353.27 353.28 353.29 354.1 354.2 354.3
354.4 354.5 354.6 354.7 354.8 354.9 354.10 354.11 354.12
354.13 354.14 354.15 354.16 354.17 354.18 354.19 354.20 354.21
354.22 354.23 354.24 354.25 354.26 354.27 354.28 354.29 354.30 354.31 354.32
355.1
355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10 355.11 355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22 355.23 355.24 355.25 355.26 355.27 355.28 355.29 355.30 355.31
356.1 356.2 356.3 356.4 356.5
356.6 356.7 356.8 356.9 356.10 356.11 356.12
356.13 356.14 356.15 356.16 356.17 356.18 356.19
356.20 356.21 356.22
356.23 356.24 356.25 356.26 356.27 356.28 356.29 357.1 357.2 357.3 357.4 357.5 357.6 357.7 357.8 357.9 357.10 357.11 357.12 357.13 357.14 357.15 357.16
357.17
357.18 357.19 357.20 357.21 357.22 357.23 357.24
357.25
357.26 357.27 357.28 357.29 358.1 358.2 358.3
358.4 358.5 358.6 358.7 358.8
358.9 358.10 358.11 358.12 358.13 358.14
358.15 358.16
358.17 358.18 358.19 358.20 358.21 358.22 358.23 358.24 358.25 358.26 358.27 358.28 358.29 358.30 358.31 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8 359.9 359.10 359.11 359.12 359.13 359.14 359.15 359.16 359.17 359.18
359.19 359.20 359.21 359.22 359.23 359.24 359.25 359.26 359.27 359.28 359.29 359.30 359.31 359.32 359.33 359.34 360.1 360.2 360.3 360.4 360.5 360.6 360.7 360.8 360.9 360.10 360.11 360.12 360.13 360.14 360.15 360.16 360.17 360.18 360.19 360.20 360.21 360.22 360.23 360.24 360.25 360.26 360.27 360.28 360.29 360.30 360.31 360.32 360.33 360.34 361.1 361.2 361.3 361.4 361.5 361.6 361.7 361.8 361.9 361.10 361.11 361.12 361.13 361.14 361.15 361.16 361.17 361.18 361.19 361.20 361.21 361.22 361.23 361.24 361.25 361.26 361.27 361.28 361.29 361.30 361.31 361.32 361.33 361.34 361.35 362.1 362.2 362.3 362.4 362.5 362.6 362.7 362.8
362.9 362.10 362.11 362.12 362.13 362.14 362.15 362.16 362.17 362.18 362.19 362.20 362.21 362.22 362.23 362.24 362.25 362.26 362.27 362.28 362.29 362.30 362.31 362.32 362.33 362.34 362.35 363.1 363.2 363.3 363.4 363.5 363.6 363.7 363.8 363.9 363.10 363.11 363.12 363.13 363.14 363.15 363.16 363.17 363.18 363.19 363.20 363.21 363.22 363.23 363.24 363.25 363.26 363.27 363.28 363.29 363.30 363.31 363.32 363.33 363.34 363.35 364.1 364.2 364.3 364.4 364.5 364.6 364.7 364.8 364.9 364.10 364.11 364.12 364.13 364.14 364.15 364.16 364.17 364.18 364.19 364.20 364.21 364.22 364.23 364.24 364.25 364.26 364.27 364.28 364.29 364.30 364.31 364.32 364.33 364.34 364.35 365.1 365.2 365.3 365.4 365.5 365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13 365.14 365.15 365.16 365.17 365.18 365.19 365.20 365.21 365.22 365.23 365.24 365.25 365.26 365.27 365.28 365.29 365.30 365.31 365.32 365.33 365.34 365.35 366.1 366.2 366.3 366.4 366.5 366.6 366.7 366.8 366.9 366.10 366.11 366.12 366.13 366.14 366.15 366.16 366.17 366.18 366.19
366.20 366.22 366.21 366.23 366.24 366.25 366.26 366.27 366.28 366.29 366.30 366.31 366.32 367.1 367.2 367.3 367.4 367.5 367.6 367.7 367.8 367.9 367.10 367.11 367.12 367.13 367.14 367.15 367.16 367.17 367.18 367.19 367.20 367.21 367.22 367.23 367.24 367.25 367.26 367.27 367.28 367.29 367.30 367.31 367.32 367.33 367.34 368.1 368.2 368.3 368.4 368.5 368.6 368.7 368.8 368.9 368.10 368.11 368.12 368.13 368.14 368.15 368.16 368.17 368.18 368.19 368.20 368.21 368.22 368.23 368.24 368.25 368.26 368.27 368.28 368.29 368.30 368.31 368.32 368.33 368.34 368.35 369.1 369.2 369.3 369.4 369.5 369.6 369.7 369.8 369.9 369.10 369.11 369.12 369.13 369.14 369.15 369.16 369.17 369.18 369.19 369.20 369.21 369.22 369.23 369.24 369.25 369.26 369.27 369.28 369.29 369.30 369.31 369.32 369.33 369.34 369.35 370.1 370.2 370.3 370.4 370.5 370.6 370.7 370.8 370.9 370.10 370.11 370.12 370.13 370.14 370.15 370.16 370.17 370.18 370.19 370.20 370.21 370.22 370.23 370.24 370.25 370.26 370.27 370.28 370.29 370.30 370.31 370.32 370.33
371.1 371.2
371.3 371.4 371.5 371.6 371.7 371.8 371.9 371.10 371.11 371.12 371.13 371.14 371.15 371.16 371.17 371.18 371.19 371.20 371.21
371.22 371.23 371.24
371.25 371.26 371.27
371.28 371.29
372.1 372.2 372.3 372.4 372.5 372.6 372.7 372.8 372.9 372.10 372.11 372.12 372.13 372.14 372.15 372.16 372.17 372.18 372.19 372.20 372.21 372.22 372.23 372.24
372.25 372.26 372.27 372.28 372.29 372.30 372.31 372.32 373.1 373.2 373.3 373.4
373.5 373.6 373.7 373.8 373.9 373.10
373.11 373.12 373.13 373.14
373.15 373.16 373.17 373.18 373.19 373.20 373.21 373.22 373.23 373.24 373.25 373.26 373.27 373.28 373.29 373.30 373.31 374.1 374.2 374.3 374.4 374.5 374.6 374.7 374.8
374.9 374.10 374.11 374.12 374.13 374.14 374.15 374.16 374.17 374.18 374.19 374.20 374.21
374.22 374.23 374.24 374.25 374.26 374.27 374.28 374.29 374.30 374.31 374.32 375.1 375.2 375.3 375.4 375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13
375.14 375.15 375.16 375.17 375.18 375.19 375.20 375.21 375.22 375.23 375.24 375.25 375.26 375.27 375.28 375.29 375.30 375.31 375.32 375.33 376.1 376.2 376.3
376.4 376.5 376.6 376.7 376.8 376.9 376.10 376.11 376.12 376.13 376.14 376.15
376.16 376.17
376.18 376.19 376.20 376.21 376.22 376.23 376.24 376.25 376.26 376.27 376.28
377.1 377.2 377.3 377.4 377.5 377.6 377.7 377.8
377.9 377.10 377.11 377.12 377.13 377.14 377.15 377.16 377.17 377.18
377.19 377.20 377.21 377.22 377.23 377.24 377.25 377.26 377.27 377.28 377.29 377.30 377.31 377.32 377.33 378.1 378.2 378.3 378.4 378.5 378.6 378.7 378.8 378.9 378.10 378.11 378.12 378.13 378.14 378.15 378.16 378.17 378.18
378.19 378.20 378.21 378.22 378.23 378.24 378.25 378.26 378.27 378.28 378.29 378.30 378.31 378.32 378.33 378.34 378.35 379.1 379.2 379.3 379.4 379.5 379.6
379.7 379.8 379.9 379.10 379.11 379.12 379.13 379.14 379.15 379.16 379.17 379.18 379.19 379.20 379.21 379.22 379.23 379.24 379.25 379.26 379.27 379.28 379.29 379.30 379.31 379.32 380.1 380.2 380.3 380.4 380.5 380.6 380.7 380.8 380.9 380.10 380.11 380.12 380.13 380.14 380.15 380.16 380.17 380.18 380.19 380.20 380.21 380.22 380.23 380.24 380.25 380.26 380.27 380.28 380.29 380.30 380.31 380.32 380.33 380.34 380.35 381.1 381.2
381.3 381.4 381.5 381.6 381.7 381.8 381.9 381.10 381.11 381.12 381.13 381.14 381.15 381.16 381.17 381.18 381.19 381.20 381.21 381.22 381.23 381.24 381.25 381.26 381.27 381.28 381.29 381.30 381.31 381.32 382.1 382.2 382.3 382.4 382.5 382.6 382.7 382.8 382.9 382.10 382.11 382.12 382.13 382.14 382.15 382.16 382.17 382.18 382.19 382.20 382.21 382.22 382.23 382.24 382.25 382.26 382.27 382.28 382.29 382.30 382.31 382.32 382.33 382.34 382.35 383.1 383.2 383.3 383.4 383.5 383.6 383.7 383.8 383.9 383.10 383.11 383.12 383.13 383.14 383.15 383.16 383.17 383.18 383.19 383.20 383.21 383.22 383.23 383.24 383.25 383.26 383.27 383.28 383.29 383.30 383.31 383.32 383.33 383.34 383.35 384.1 384.2 384.3 384.4 384.5 384.6 384.7 384.8 384.9 384.10 384.11 384.12 384.13 384.14
384.15 384.16 384.17 384.18 384.19 384.20 384.21 384.22 384.23 384.24
384.25 384.26 384.27 384.28 384.29 384.30
385.1 385.2 385.3 385.4 385.5 385.6
385.7 385.8 385.9 385.10 385.11 385.12 385.13 385.14 385.15 385.16 385.17 385.18 385.19 385.20 385.21 385.22 385.23 385.24 385.25 385.26 385.27 385.28 385.29 385.30 385.31 385.32
386.1 386.2 386.3 386.4 386.5 386.6 386.7 386.8
386.9 386.10 386.11 386.12 386.13 386.14 386.15 386.16 386.17 386.18 386.19 386.20 386.21 386.22 386.23 386.24 386.25 386.26 386.27 386.28 386.29 386.30 386.31 387.1 387.2 387.3 387.4 387.5 387.6 387.7 387.8 387.9
387.10 387.11 387.12 387.13 387.14 387.15 387.16 387.17 387.18 387.19 387.20 387.21 387.22 387.23 387.24 387.25 387.26 387.27 387.28 387.29 387.30 387.31 387.32 387.33 388.1 388.2 388.3 388.4 388.5 388.6 388.7 388.8 388.9 388.10 388.11 388.12 388.13 388.14 388.15 388.16 388.17 388.18 388.19 388.20 388.21 388.22 388.23 388.24 388.25 388.26 388.27 388.28 388.29
389.1 389.2 389.3 389.4 389.5
389.6 389.7 389.8 389.9 389.10
389.11 389.12 389.13 389.14
389.15 389.16 389.17 389.18 389.19 389.20 389.21 389.22 389.23 389.24
389.25 389.26 389.27 389.28 389.29 389.30 389.31 390.1 390.2 390.3 390.4 390.5 390.6 390.7 390.8 390.9 390.10 390.11 390.12 390.13 390.14
390.15 390.16 390.17 390.18 390.19 390.20 390.21 390.22 390.23 390.24 390.25 390.26 390.27
391.1 391.2 391.3 391.4 391.5 391.6 391.7 391.8 391.9
391.10 391.11 391.12 391.13 391.14 391.15 391.16 391.17 391.18
391.19 391.20 391.21 391.22 391.23 391.24 391.25 391.26 391.27 391.28 391.29 391.30 391.31 392.1 392.2
392.3 392.4 392.5 392.6 392.7
392.8 392.9 392.10 392.11 392.12 392.13 392.14 392.15 392.16 392.17 392.18 392.19 392.20 392.21 392.22 392.23 392.24 392.25 392.26 392.27 392.28 392.29 392.30 392.31 393.1 393.2
393.3 393.4 393.5 393.6 393.7 393.8 393.9 393.10 393.11 393.12 393.13 393.14 393.15 393.16 393.17
393.18 393.19 393.20 393.21 393.22 393.23 393.24 393.25 393.26 393.27 393.28 393.29 393.30 393.31 393.32 393.33 394.1 394.2 394.3 394.4 394.5 394.6 394.7 394.8 394.9 394.10 394.11 394.12 394.13 394.14 394.15 394.16 394.17 394.18 394.19 394.20 394.21 394.22 394.23 394.24 394.25 394.26 394.27 394.28 394.29 394.30 394.31 394.32 394.33 394.34 395.1 395.2 395.3 395.4 395.5 395.6 395.7 395.8 395.9 395.10 395.11 395.12 395.13 395.14 395.15 395.16 395.17 395.18 395.19 395.20 395.21 395.22 395.23 395.24 395.25 395.26 395.27 395.28 395.29 395.30 395.31 395.32 395.33 396.1 396.2 396.3 396.4 396.5 396.6 396.7 396.8 396.9 396.10 396.11 396.12 396.13 396.14 396.15 396.16 396.17 396.18 396.19 396.20 396.21 396.22 396.23 396.24 396.25 396.26 396.27 396.28 396.29 396.30 396.31 396.32 396.33 397.1 397.2 397.3 397.4 397.5 397.6 397.7 397.8 397.9 397.10 397.11 397.12 397.13 397.14 397.15 397.16 397.17 397.18 397.19 397.20 397.21 397.22 397.23 397.24 397.25 397.26 397.27 397.28 397.29 397.30 397.31 397.32 397.33 397.34 398.1 398.2 398.3 398.4 398.5 398.6 398.7 398.8 398.9 398.10 398.11 398.12 398.13 398.14 398.15 398.16 398.17 398.18 398.19 398.20 398.21 398.22 398.23 398.24 398.25 398.26 398.27 398.28 398.29 398.30 398.31 398.32 398.33 398.34 399.1 399.2 399.3 399.4 399.5 399.6 399.7 399.8 399.9 399.10 399.11 399.12 399.13 399.14 399.15 399.16 399.17 399.18 399.19 399.20 399.21 399.22 399.23 399.24 399.25 399.26 399.27 399.28 399.29 399.30 399.31 399.32 399.33 399.34 400.1 400.2 400.3 400.4 400.5 400.6 400.7 400.8 400.9 400.10 400.11 400.12 400.13 400.14 400.15 400.16 400.17 400.18 400.19 400.20 400.21 400.22 400.23 400.24 400.25 400.26 400.27 400.28 400.29 400.30 400.31 400.32 400.33 400.34 400.35 401.1 401.2 401.3 401.4 401.5 401.6 401.7 401.8 401.9 401.10 401.11 401.12 401.13 401.14 401.15 401.16 401.17 401.18 401.19 401.20 401.21 401.22 401.23 401.24 401.25 401.26 401.27 401.28 401.29 401.30 401.31 401.32 401.33 401.34 402.1 402.2 402.3 402.4 402.5 402.6 402.7 402.8 402.9 402.10 402.11 402.12 402.13
402.14 402.15 402.16 402.17 402.18 402.19 402.20
402.21 402.22 402.23 402.24 402.25 402.26 402.27 402.28 402.29 402.30 403.1 403.2 403.3 403.4 403.5 403.6 403.7 403.8 403.9 403.10 403.11 403.12 403.13 403.14 403.15 403.16 403.17 403.18 403.19 403.20 403.21 403.22 403.23 403.24 403.25 403.26 403.27 403.28 403.29 403.30 403.31 403.32 403.33 403.34 404.1 404.2 404.3 404.4 404.5 404.6 404.7 404.8 404.9 404.10 404.11 404.12 404.13 404.14 404.15 404.16 404.17 404.18 404.19 404.20 404.21 404.22 404.23 404.24 404.25 404.26 404.27 404.28 404.29 404.30 404.31 404.32 404.33 404.34 404.35 405.1 405.2 405.3 405.4 405.5 405.6 405.7 405.8 405.9 405.10 405.11 405.12 405.13 405.14 405.15 405.16 405.17 405.18 405.19 405.20 405.21 405.22 405.23 405.24 405.25 405.26 405.27 405.28 405.29 405.30 406.1 406.2 406.3 406.4 406.5 406.6 406.7 406.8 406.9 406.10 406.11 406.12 406.13 406.14 406.15 406.16 406.17 406.18 406.19 406.20 406.21 406.22 406.23 406.24 406.25 406.26 406.27 406.28 406.29 406.30 406.31 406.32 406.33 406.34 407.1 407.2 407.3 407.4 407.5 407.6 407.7 407.8 407.9 407.10 407.11 407.12 407.13 407.14 407.15 407.16 407.17 407.18 407.19 407.20 407.21 407.22 407.23 407.24 407.25 407.26 407.27 407.28 407.29 407.30 407.31 407.32 407.33 407.34 408.1 408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 408.10 408.11 408.12 408.13 408.14 408.15 408.16 408.17 408.18 408.19 408.20 408.21 408.22 408.23 408.24 408.25 408.26 408.27 408.28 408.29 408.30 408.31 408.32 408.33 408.34 408.35 409.1 409.2 409.3 409.4 409.5 409.6 409.7 409.8 409.9 409.10 409.11 409.12 409.13 409.14 409.15 409.16 409.17 409.18 409.19 409.20 409.21 409.22 409.23 409.24 409.25 409.26 409.27 409.28 409.29 409.30 409.31 409.32 409.33 410.1 410.2 410.3 410.4 410.5 410.6 410.7 410.8 410.9 410.10 410.11 410.12 410.13 410.14 410.15 410.16 410.17
410.18 410.19
410.20 410.21 410.22 410.23 410.24 410.25 410.26 410.27 410.28 410.29 410.30 411.1 411.2 411.3 411.4 411.5 411.6 411.7 411.8 411.9 411.10 411.11 411.12 411.13 411.14 411.15 411.16 411.17 411.18 411.19 411.20 411.21 411.22 411.23 411.24 411.25 411.26 411.27 411.28 411.29 411.30 411.31 411.32 411.33 411.34 412.1 412.2 412.3 412.4 412.5 412.6 412.7 412.8 412.9 412.10 412.11 412.12 412.13 412.14 412.15 412.16 412.17 412.18 412.19 412.20 412.21 412.22 412.23 412.24 412.25 412.26 412.27 412.28 412.29 412.30 412.31
412.32 412.33 413.1 413.2 413.3 413.4 413.5
413.6 413.7 413.8 413.9 413.10 413.11 413.12 413.13 413.14 413.15
413.16 413.17 413.18 413.19 413.20
413.21 413.22 413.23 413.24 413.25 413.26 413.27 413.28 413.29 413.30 413.31
414.1 414.2 414.3 414.4 414.5 414.6 414.7 414.8 414.9 414.10 414.11 414.12 414.13 414.14 414.15 414.16 414.17 414.18 414.19 414.20 414.21 414.22 414.23 414.24 414.25 414.26 414.27 414.28 414.29 414.30 415.1 415.2 415.3 415.4 415.5 415.6 415.7 415.8 415.9 415.10 415.11 415.12 415.13 415.14 415.15 415.16 415.17 415.18 415.19 415.20 415.21 415.22 415.23 415.24 415.25 415.26 415.27 415.28 415.29 415.30
415.31 415.32 415.33 415.34 416.1 416.2 416.3 416.4 416.5 416.6 416.7 416.8 416.9 416.10 416.11 416.12 416.13 416.14 416.15 416.16 416.17 416.18 416.19 416.20 416.21 416.22 416.23 416.24 416.25 416.26 416.27 416.28 416.29 416.30 416.31 416.32 416.33 416.34 416.35 417.1 417.2 417.3 417.4 417.5 417.6 417.7 417.8 417.9 417.10 417.11 417.12 417.13 417.14 417.15 417.16 417.17
417.18
417.19 417.20 417.21 417.22 417.23 417.24 417.25 417.26 417.27 417.28 417.29 417.30 417.31 417.32
418.1 418.2 418.3 418.4 418.5 418.6
418.7 418.8
418.9 418.10
418.11 418.12
418.13 418.14 418.15 418.16 418.17 418.18 418.19 418.20 418.21
418.22 418.23 418.24 418.25 418.26 418.27 418.28 418.29 418.30 418.31
419.1 419.2 419.3 419.4 419.5 419.6 419.7 419.8 419.9 419.10 419.11 419.12 419.13 419.14 419.15 419.16 419.17 419.18 419.19 419.20 419.21 419.22 419.23 419.24 419.25
419.26 419.27 419.28 419.29 419.30 419.31
419.32 420.1 420.2 420.3
420.4 420.5 420.6 420.7
420.8 420.9 420.10 420.11 420.12 420.13 420.14
420.15 420.16
420.17 420.18 420.19 420.20 420.21 420.22 420.23 420.24 420.25 420.26 420.27 420.28 420.29 420.30 420.31 421.1 421.2 421.3
421.4 421.5 421.6 421.7 421.8 421.9 421.10 421.11 421.12 421.13 421.14 421.15 421.16 421.17 421.18 421.19 421.20 421.21 421.22 421.23 421.24 421.25 421.26 421.27 421.28 421.29 421.30 421.31 421.32 422.1 422.2
422.3 422.4 422.5 422.6 422.7 422.8 422.9 422.10 422.11 422.12 422.13 422.14 422.15 422.16 422.17 422.18 422.19 422.20 422.21 422.22 422.23 422.24 422.25 422.26 422.27 422.28 422.29 422.30 423.1 423.2 423.3 423.4 423.5 423.6 423.7 423.8 423.9 423.10 423.11 423.12 423.13 423.14 423.15 423.16 423.17 423.18 423.19 423.20 423.21 423.22 423.23 423.24 423.25 423.26 423.27 423.28 423.29 423.30 423.31 424.1 424.2 424.3 424.4 424.5 424.6 424.7
424.8 424.9 424.10 424.11 424.12 424.13 424.14 424.15 424.16 424.17 424.18 424.19 424.20 424.21 424.22 424.23 424.24 424.25 424.26 424.27 424.28 424.29 424.30 424.31 424.32 424.33 424.34 425.1 425.2 425.3 425.4 425.5 425.6 425.7 425.8 425.9
425.10 425.11
425.12 425.13 425.14 425.15 425.16 425.17 425.18 425.19 425.20 425.21 425.22 425.23 425.24 425.25 425.26 425.27 425.28 425.29 425.30 425.31 425.32 425.33 426.1 426.2 426.3 426.4 426.5 426.6 426.7 426.8 426.9 426.10
426.11 426.12 426.13 426.14 426.15 426.16 426.17 426.18 426.19 426.20 426.21 426.22 426.23 426.24 426.25 426.26 426.27 426.28 426.29 426.30 426.31 426.32 427.1 427.2 427.3 427.4
427.5 427.6 427.7 427.8 427.9 427.10 427.11 427.12 427.13 427.14 427.15 427.16 427.17 427.18 427.19 427.20 427.21 427.22 427.23 427.24 427.25 427.26 427.27 427.28 427.29 427.30 427.31
428.1 428.2 428.3 428.4 428.5 428.6 428.7 428.8 428.9 428.10 428.11 428.12 428.13
428.14 428.15 428.16 428.17 428.18 428.19 428.20 428.21 428.22 428.23 428.24 428.25 428.26 428.27 428.28 428.29 428.30 429.1 429.2 429.3 429.4 429.5 429.6
429.7 429.8 429.9 429.10 429.11 429.12 429.13 429.14 429.15
429.16 429.17 429.18 429.19 429.20 429.21 429.22 429.23
429.24
429.25 429.26 429.27 429.28 429.29 429.30 429.31 429.32 430.1 430.2 430.3 430.4 430.5 430.6 430.7 430.8 430.9 430.10 430.11 430.12 430.13 430.14 430.15 430.16 430.17 430.18 430.19 430.20 430.21 430.22 430.23
430.24 430.25 430.26 430.27 430.28 430.29
430.30 430.31 430.32 431.1 431.2 431.3 431.4
431.5 431.6 431.7 431.8
431.9 431.10 431.11 431.12 431.13 431.14 431.15 431.16 431.17 431.18 431.19 431.20
431.21 431.22 431.23 431.24 431.25 431.26 431.27 431.28 431.29 431.30 432.1 432.2 432.3 432.4 432.5
432.6 432.7
432.8 432.9 432.10 432.11 432.12 432.13 432.14 432.15 432.16 432.17 432.18 432.19 432.20 432.21 432.22 432.23 432.24 432.25 432.26 432.27 432.28 432.29 432.30 433.1 433.2 433.3 433.4 433.5 433.6 433.7 433.8 433.9 433.10 433.11 433.12 433.13 433.14 433.15 433.16 433.17 433.18 433.19 433.20 433.21 433.22 433.23 433.24 433.25 433.26 433.27 433.28 433.29 433.30 433.31 434.1 434.2 434.3 434.4 434.5 434.6 434.7 434.8 434.9 434.10 434.11 434.12 434.13 434.14 434.15 434.16 434.17 434.18
434.19 434.20
434.21 434.22 434.23 434.24 434.25 434.26 434.27 434.28 434.29 434.30 434.31 434.32 434.33 435.1 435.2 435.3 435.4 435.5 435.6 435.7 435.8 435.9 435.10 435.11 435.12 435.13 435.14 435.15 435.16 435.17 435.18 435.19
435.20 435.21 435.22 435.23 435.24 435.25 435.26 435.27 435.28 435.29 435.30 435.31 435.32 435.33 435.34 435.35 436.1 436.2 436.3 436.4 436.5 436.6 436.7 436.8 436.9 436.10 436.11
436.12 436.13 436.14 436.15 436.16 436.17 436.18 436.19 436.20 436.21 436.22 436.23 436.24
436.25 436.26 436.27 436.28 436.29
437.1 437.2 437.3 437.4 437.5 437.6
437.7 437.8 437.9 437.10 437.11 437.12 437.13 437.14 437.15 437.16 437.17 437.18 437.19
437.20 437.21 437.22 437.23 437.24 437.25 437.26 437.27 437.28 437.29 437.30 437.31 437.32 438.1 438.2 438.3 438.4 438.5 438.6 438.7 438.8 438.9 438.10 438.11 438.12 438.13 438.14 438.15 438.16 438.17 438.18 438.19 438.20 438.21 438.22 438.23 438.24 438.25 438.26 438.27 438.28 438.29 438.30 438.31 439.1 439.2 439.3 439.4 439.5 439.6 439.7 439.8 439.9 439.10 439.11 439.12 439.13 439.14 439.15 439.16 439.17 439.18 439.19 439.20 439.21 439.22 439.23 439.24 439.25 439.26 439.27 439.28 439.29 439.30 439.31 439.32 440.1 440.2 440.3 440.4 440.5 440.6 440.7 440.8 440.9 440.10 440.11 440.12 440.13 440.14
440.15 440.16 440.17 440.18
440.19 440.20 440.21 440.22
440.23 440.24
440.25 440.26
440.27 440.28 440.29 441.1 441.2 441.3 441.4 441.5 441.6 441.7 441.8 441.9 441.10 441.11 441.12 441.13 441.14 441.15 441.16 441.17 441.18 441.19 441.20 441.21 441.22 441.23 441.24 441.25 441.26 441.27 441.28 441.29 441.30 441.31 441.32 441.33 442.1 442.2 442.3 442.4 442.5 442.6 442.7 442.8 442.9 442.10 442.11 442.12 442.13 442.14 442.15 442.16 442.17 442.18 442.19 442.20 442.21 442.22 442.23 442.24 442.25 442.26 442.27 442.28 442.29 442.30 442.31 442.32 443.1 443.2 443.3 443.4 443.5 443.6 443.7 443.8 443.9 443.10 443.11 443.12 443.13 443.14 443.15 443.16 443.17 443.18 443.19 443.20 443.21 443.22 443.23 443.24 443.25 443.26 443.27 443.28 443.29 443.30 443.31 443.32 444.1 444.2 444.3 444.4 444.5 444.6 444.7 444.8 444.9 444.10 444.11 444.12 444.13 444.14 444.15 444.16 444.17 444.18 444.19 444.20 444.21 444.22 444.23 444.24 444.25 444.26 444.27 444.28 444.29 444.30 444.31 444.32 444.33 445.1 445.2 445.3
445.4 445.5 445.6 445.7 445.8 445.9 445.10 445.11 445.12 445.13 445.14 445.15 445.16 445.17
445.18 445.19
445.20 445.21 445.22 445.23 445.24 445.25 445.26 445.27
445.28 445.29
446.1 446.2 446.3 446.4 446.5 446.6 446.7 446.8 446.9 446.10 446.11 446.12 446.13 446.14 446.15 446.16 446.17 446.18 446.19 446.20 446.21 446.22 446.23 446.24 446.25 446.26 446.27 446.28 446.29 446.30 446.31 447.1 447.2 447.3 447.4 447.5 447.6 447.7
447.8 447.9
447.10 447.11 447.12 447.13 447.14 447.15 447.16 447.17 447.18 447.19 447.20 447.21 447.22 447.23 447.24 447.25 447.26 447.27 447.28 447.29 447.30 447.31 448.1 448.2 448.3 448.4 448.5 448.6 448.7 448.8 448.9 448.10 448.11 448.12 448.13 448.14 448.15 448.16
448.17 448.18
448.19 448.20 448.21 448.22 448.23 448.24 448.25 448.26 448.27 448.28 448.29 448.30 448.31 449.1 449.2 449.3 449.4 449.5 449.6 449.7 449.8 449.9 449.10 449.11 449.12 449.13 449.14 449.15 449.16 449.17 449.18 449.19 449.20 449.21 449.22 449.23 449.24 449.25 449.26 449.27 449.28 449.29 449.30 449.31 450.1 450.2 450.3 450.4 450.5 450.6 450.7 450.8 450.9 450.10 450.11 450.12 450.13 450.14 450.15 450.16 450.17 450.18 450.19 450.20 450.21 450.22 450.23 450.24 450.25 450.26 450.27
450.28 450.29
450.30 450.31 450.32 450.33 451.1 451.2 451.3 451.4 451.5 451.6 451.7 451.8 451.9 451.10 451.11 451.12 451.13 451.14 451.15 451.16 451.17 451.18 451.19 451.20 451.21 451.22 451.23 451.24 451.25 451.26 451.27 451.28 451.29 451.30 451.31 452.1 452.2 452.3 452.4 452.5 452.6 452.7 452.8 452.9 452.10 452.11 452.12 452.13 452.14 452.15 452.16 452.17 452.18 452.19 452.20 452.21 452.22 452.23 452.24 452.25 452.26 452.27 452.28 452.29 452.30 452.31 452.32 453.1 453.2 453.3
453.4 453.5
453.6 453.7 453.8 453.9 453.10 453.11 453.12 453.13 453.14 453.15 453.16 453.17 453.18
453.19 453.20
453.21 453.22 453.23 453.24 453.25 453.26 453.27 453.28 453.29 453.30 454.1 454.2 454.3 454.4 454.5 454.6 454.7 454.8 454.9 454.10 454.11 454.12 454.13 454.14 454.15 454.16 454.17 454.18 454.19 454.20 454.21 454.22 454.23 454.24 454.25 454.26 454.27 454.28 454.29 454.30 454.31 455.1 455.2 455.3 455.4 455.5
455.6 455.7
455.8 455.9 455.10 455.11 455.12 455.13 455.14 455.15 455.16 455.17 455.18 455.19 455.20 455.21 455.22 455.23
455.24 455.25
455.26 455.27 455.28 455.29 455.30 456.1 456.2 456.3 456.4 456.5 456.6 456.7 456.8 456.9 456.10
456.11 456.12
456.13 456.14 456.15 456.16 456.17 456.18 456.19 456.20 456.21 456.22 456.23 456.24 456.25 456.26
456.27 456.28
457.1 457.2 457.3 457.4 457.5 457.6 457.7 457.8 457.9 457.10 457.11
457.12 457.13
457.14 457.15 457.16 457.17 457.18 457.19 457.20 457.21 457.22 457.23 457.24 457.25 457.26 457.27
457.28 457.29
458.1 458.2 458.3 458.4 458.5 458.6 458.7 458.8 458.9 458.10 458.11 458.12 458.13 458.14 458.15 458.16
458.17 458.18
458.19 458.20 458.21 458.22 458.23 458.24 458.25 458.26 458.27 458.28 458.29
458.30 458.31
459.1 459.2 459.3 459.4 459.5
459.6 459.7
459.8 459.9
459.10 459.11
459.12 459.13 459.14 459.15 459.16 459.17 459.18 459.19 459.20 459.21 459.22 459.23 459.24 459.25 459.26 459.27 459.28 459.29 459.30
460.1 460.2 460.3 460.4 460.5 460.6 460.7 460.8 460.9 460.10 460.11 460.12 460.13 460.14 460.15 460.16 460.17 460.18 460.19 460.20 460.21 460.22 460.23 460.24 460.25 460.26 460.27 460.28 460.29 460.30 460.31 460.32 461.1 461.2 461.3 461.4 461.5 461.6 461.7 461.8 461.9 461.10 461.11 461.12 461.13 461.14 461.15 461.16 461.17 461.18 461.19 461.20 461.21 461.22 461.23 461.24 461.25 461.26 461.27 461.28
461.29 461.30
462.1 462.2 462.3 462.4 462.5 462.6 462.7 462.8 462.9 462.10 462.11 462.12 462.13 462.14 462.15 462.16 462.17 462.18 462.19
462.20 462.21 462.22 462.23 462.24 462.25 462.26 462.27 462.28 462.29 462.30 462.31 462.32 462.33 462.34 463.1 463.2 463.3 463.4 463.5 463.6 463.7 463.8 463.9 463.10 463.11 463.12 463.13 463.14 463.15 463.16 463.17 463.18 463.19 463.20 463.21 463.22 463.23 463.24 463.25 463.26 463.27 463.28 463.29 463.30 463.31 463.32 463.33 463.34 464.1 464.2 464.3 464.4 464.5 464.6 464.7 464.8 464.9 464.10 464.11 464.12 464.13 464.14 464.15 464.16 464.17 464.18 464.19 464.20 464.21 464.22 464.23 464.24 464.25 464.26 464.27 464.28 464.29 464.30 464.31 464.32 464.33 464.34 465.1 465.2 465.3 465.4 465.5 465.6 465.7 465.8 465.9 465.10 465.11 465.12 465.13 465.14 465.15 465.16 465.17 465.18 465.19
465.20 465.21 465.22 465.23 465.24 465.25 465.26
465.27 465.28 465.29 465.30 465.31 466.1 466.2 466.3 466.4 466.5 466.6 466.7 466.8 466.9 466.10 466.11 466.12 466.13 466.14 466.15 466.16 466.17 466.18 466.19 466.20 466.21
466.22 466.23
466.24 466.25 466.26 466.27 466.28 466.29 466.30 466.31 466.32 467.1 467.2 467.3 467.4 467.5 467.6 467.7 467.8 467.9 467.10 467.11 467.12 467.13 467.14 467.15 467.16 467.17 467.18 467.19 467.20 467.21 467.22 467.23 467.24 467.25 467.26 467.27 467.28 467.29 467.30 467.31 467.32 467.33 468.1 468.2 468.3 468.4
468.5 468.6 468.7 468.8 468.9 468.10 468.11 468.12 468.13 468.14 468.15 468.16 468.17 468.18
468.19 468.20 468.21 468.22 468.23 468.24 468.25 468.26 468.27 468.28 468.29 468.30 468.31 468.32 469.1 469.2 469.3 469.4 469.5 469.6 469.7 469.8
469.9 469.10 469.11 469.12 469.13 469.14 469.15 469.16 469.17 469.18 469.19 469.20 469.21 469.22 469.23 469.24 469.25
469.26 469.27
469.28 469.29 469.30 469.31 469.32 470.1 470.2 470.3 470.4 470.5 470.6 470.7 470.8 470.9 470.10 470.11 470.12 470.13
470.14 470.15
470.16 470.17 470.18 470.19 470.20 470.21 470.22 470.23 470.24 470.25 470.26 470.27 470.28 470.29 470.30 471.1 471.2 471.3 471.4 471.5 471.6 471.7 471.8 471.9 471.10 471.11 471.12 471.13 471.14 471.15 471.16 471.17 471.18 471.19 471.20 471.21 471.22 471.23 471.24 471.25 471.26
471.27 471.28
472.1 472.2 472.3 472.4 472.5 472.6 472.7 472.8 472.9 472.10 472.11 472.12 472.13 472.14 472.15 472.16 472.17 472.18 472.19 472.20 472.21 472.22 472.23 472.24 472.25 472.26 472.27 472.28 472.29 472.30 473.1 473.2 473.3 473.4 473.5 473.6 473.7 473.8 473.9 473.10 473.11 473.12 473.13 473.14 473.15 473.16 473.17 473.18 473.19 473.20 473.21 473.22 473.23 473.24 473.25 473.26 473.27 473.28 473.29 473.30 474.1 474.2 474.3 474.4 474.5 474.6 474.7 474.8 474.9 474.10 474.11 474.12 474.13 474.14 474.15 474.16 474.17 474.18 474.19 474.20 474.21 474.22 474.23 474.24 474.25 474.26 474.27 474.28 474.29 474.30 474.31 474.32 474.33 475.1 475.2 475.3 475.4 475.5
475.6 475.7
475.8 475.9 475.10 475.11 475.12 475.13 475.14 475.15 475.16 475.17 475.18 475.19 475.20 475.21 475.22 475.23 475.24 475.25 475.26 475.27 475.28 475.29 475.30 475.31 475.32 476.1 476.2
476.3 476.4
476.5 476.6 476.7 476.8 476.9 476.10 476.11 476.12 476.13 476.14 476.15 476.16 476.17 476.18 476.19 476.20 476.21 476.22 476.23 476.24 476.25 476.26 476.27
476.28 476.29
477.1 477.2 477.3 477.4 477.5 477.6 477.7 477.8 477.9 477.10 477.11 477.12 477.13 477.14 477.15 477.16 477.17 477.18 477.19 477.20 477.21 477.22
477.23 477.24
477.25 477.26 477.27 477.28 477.29 477.30 477.31 478.1 478.2
478.3 478.4 478.5 478.6 478.7 478.8 478.9 478.10 478.11 478.12 478.13 478.14 478.15 478.16 478.17 478.18 478.19 478.20 478.21 478.22 478.23 478.24 478.25 478.26 478.27 478.28 478.29 478.30 478.31 479.1 479.2 479.3
479.4
479.5 479.6 479.7 479.8 479.9 479.10 479.11 479.12 479.13 479.14 479.15 479.16 479.17 479.18 479.19 479.20 479.21 479.22 479.23 479.24 479.25 479.26 479.27 479.28 480.1 480.2 480.3 480.4 480.5 480.6 480.7 480.8 480.9 480.10 480.11 480.12 480.13 480.14 480.15 480.16 480.17 480.18 480.19 480.20 480.21 480.22 480.23 480.24 480.25 480.26 480.27 480.28 480.29 480.30 481.1 481.2 481.3 481.4 481.5 481.6 481.7 481.8 481.9 481.10 481.11 481.12 481.13 481.14 481.15 481.16 481.17 481.18 481.19 481.20 481.21 481.22 481.23 481.24 481.25 481.26 481.27 481.28 481.29 481.30 481.31 481.32 481.33 482.1 482.2 482.3 482.4 482.5 482.6 482.7 482.8 482.9 482.10 482.11 482.12 482.13 482.14 482.15 482.16 482.17 482.18 482.19 482.20 482.21 482.22 482.23
482.24 482.25 482.26 482.27 482.28 482.29 482.30 482.31 482.32 483.1 483.2 483.3 483.4 483.5 483.6 483.7 483.8 483.9 483.10 483.11 483.12 483.13 483.14 483.15 483.16 483.17 483.18 483.19 483.20 483.21 483.22 483.23 483.24 483.25 483.26 483.27 483.28 483.29 483.30 483.31 483.32 484.1 484.2 484.3 484.4 484.5 484.6 484.7 484.8 484.9 484.10 484.11 484.12 484.13 484.14 484.15 484.16
484.17 484.18 484.19 484.20 484.21 484.22 484.23 484.24 484.25 484.26 484.27 484.28 484.29 484.30 484.31 484.32 484.33 484.34 485.1 485.2 485.3 485.4 485.5 485.6 485.7 485.8 485.9 485.10 485.11 485.12 485.13 485.14 485.15 485.16 485.17 485.18 485.19 485.20 485.21 485.22 485.23 485.24 485.25 485.26 485.27 485.28 485.29 485.30 485.31 485.32 485.33 486.1 486.2 486.3 486.4 486.5 486.6 486.7 486.8 486.9 486.10 486.11 486.12 486.13 486.14 486.15 486.16 486.17 486.18 486.19
486.20 486.21 486.22 486.23 486.24 486.25 486.26 486.27 486.28 486.29 486.30 486.31 486.32 487.1 487.2 487.3 487.4 487.5 487.6 487.7 487.8 487.9 487.10 487.11 487.12 487.13 487.14 487.15
487.16 487.17 487.18 487.19 487.20 487.21 487.22 487.23 487.24 487.25 487.26 487.27 487.28 487.29 487.30 488.1 488.2 488.3 488.4 488.5 488.6 488.7 488.8 488.9 488.10 488.11 488.12 488.13 488.14 488.15 488.16 488.17 488.18 488.19 488.20 488.21 488.22 488.23 488.24 488.25 488.26 488.27 488.28 488.29 488.30 488.31 488.32 488.33 489.1 489.2 489.3 489.4 489.5 489.6 489.7 489.8 489.9 489.10 489.11 489.12 489.13 489.14 489.15 489.16 489.17 489.18 489.19 489.20 489.21 489.22 489.23 489.24 489.25 489.26 489.27 489.28 489.29 489.30 489.31 489.32 489.33 489.34 490.1 490.2 490.3 490.4 490.5 490.6 490.7 490.8 490.9 490.10 490.11
490.12 490.13 490.14 490.15 490.16 490.17 490.18 490.19 490.20 490.21 490.22 490.23 490.24 490.25 490.26 490.27 490.28 490.29 490.30 490.31 490.32 491.1 491.2 491.3 491.4 491.5 491.6 491.7 491.8 491.9 491.10 491.11 491.12 491.13 491.14 491.15 491.16 491.17 491.18 491.19 491.20 491.21 491.22 491.23 491.24 491.25 491.26 491.27 491.28 491.29 491.30 491.31 491.32 491.33 492.1 492.2 492.3 492.4 492.5
492.6 492.7 492.8 492.9 492.10 492.11 492.12 492.13 492.14 492.15 492.16 492.17 492.18 492.19 492.20 492.21 492.22 492.23 492.24 492.25 492.26 492.27 492.28 492.29 492.30 492.31 492.32 492.33 493.1 493.2 493.3 493.4 493.5 493.6 493.7 493.8 493.9 493.10 493.11 493.12 493.13 493.14 493.15 493.16 493.17 493.18 493.19 493.20 493.21 493.22 493.23 493.24 493.25 493.26 493.27
493.28 493.29 493.30 493.31 493.32 493.33 493.34 494.1 494.2 494.3 494.4 494.5 494.6 494.7 494.8 494.9 494.10 494.11 494.12 494.13 494.14 494.15 494.16 494.17 494.18 494.19 494.20 494.21 494.22 494.23 494.24 494.25 494.26 494.27 494.28 494.29 494.30 494.31 494.32 494.33 494.34 494.35 494.36 495.1 495.2 495.3 495.4 495.5 495.6 495.7 495.8 495.9 495.10 495.11 495.12 495.13 495.14 495.15 495.16 495.17 495.18 495.19 495.20 495.21 495.22 495.23 495.24 495.25 495.26 495.27 495.28 495.29 495.30 495.31 495.32 495.33 495.34 495.35 496.1 496.2 496.3 496.4 496.5 496.6 496.7 496.8 496.9 496.10 496.11 496.12 496.13 496.14 496.15 496.16 496.17 496.18 496.19 496.20 496.21 496.22 496.23 496.24 496.25 496.26 496.27 496.28 496.29 496.30 496.31 496.32 496.33 496.34 496.35 497.1 497.2 497.3 497.4 497.5 497.6 497.7 497.8 497.9 497.10 497.11
497.12 497.13 497.14 497.15 497.16 497.17 497.18 497.19 497.20 497.21 497.22 497.23 497.24 497.25 497.26 497.27 497.28 497.29 497.30 497.31 497.32 498.1 498.2 498.3 498.4 498.5 498.6 498.7 498.8 498.9 498.10 498.11 498.12 498.13 498.14 498.15 498.16 498.17 498.18 498.19 498.20 498.21 498.22 498.23 498.24 498.25 498.26 498.27 498.28 498.29
498.30 498.31 498.32 498.33 499.1 499.2
499.3
499.4 499.5 499.6 499.7 499.8 499.9 499.10 499.11 499.12 499.13 499.14 499.15
499.16
499.17 499.18 499.19 499.20 499.21 499.22
499.23 499.24 499.25 499.26
499.27 499.28 499.29 499.30 500.1 500.2 500.3 500.4
500.5 500.6 500.7 500.8 500.9 500.10 500.11 500.12 500.13 500.14 500.15 500.16 500.17 500.18 500.19 500.20 500.21 500.22 500.23 500.24 500.25 500.26 500.27 500.28 500.29 500.30 500.31 500.32 500.33 500.34 501.1 501.2
501.3 501.4 501.5 501.6 501.7 501.8 501.9
501.10
501.11 501.12 501.13 501.14 501.15 501.16 501.17 501.18 501.19 501.20 501.21 501.22 501.23
501.24 501.25
501.26 501.27
501.28 501.29 502.1 502.2 502.3
502.4 502.5 502.6 502.7 502.8 502.9 502.10 502.11 502.12 502.13 502.14 502.15 502.16 502.17 502.18 502.19 502.20 502.21 502.22 502.23
502.24 502.25 502.26 502.27 502.28 502.29 502.30 503.1 503.2 503.3 503.4 503.5 503.6 503.7 503.8 503.9
503.10 503.11 503.12 503.13 503.14 503.15 503.16 503.17 503.18 503.19 503.20 503.21 503.22 503.23 503.24 503.25 503.26 503.27 503.28 503.29 503.30 503.31 503.32 504.1 504.2 504.3 504.4 504.5 504.6 504.7 504.8 504.9 504.10 504.11 504.12 504.13 504.14
504.15 504.16 504.17 504.18 504.19 504.20 504.21 504.22 504.23 504.24 504.25 504.26 504.27 504.28 504.29 505.1 505.2 505.3 505.4 505.5 505.6 505.7 505.8 505.9 505.10 505.11 505.12 505.13 505.14 505.15 505.16 505.17 505.18 505.19 505.20 505.21 505.22 505.23 505.24
505.25 505.26 505.27 505.28 505.29 505.30 505.31 505.32
506.1 506.2 506.3 506.4 506.5 506.6 506.7 506.8 506.9 506.10 506.11 506.12 506.13 506.14 506.15 506.16 506.17 506.18 506.19 506.20
506.21 506.22 506.23 506.24 506.25
506.26 506.27 506.28 506.29
507.1 507.2 507.3 507.4 507.5 507.6 507.7 507.8 507.9 507.10 507.11 507.12 507.13 507.14
507.15 507.16 507.17 507.18 507.19 507.20 507.21 507.22 507.23 507.24 507.25 507.26 507.27 507.28 507.29 507.30 507.31 507.32 507.33 508.1 508.2 508.3 508.4 508.5 508.6 508.7 508.8 508.9 508.10 508.11 508.12 508.13 508.14 508.15 508.16 508.17 508.18 508.19 508.20 508.21 508.22 508.23 508.24 508.25 508.26 508.27 508.28 508.29 508.30 508.31 509.1 509.2 509.3 509.4 509.5 509.6 509.7 509.8 509.9 509.10 509.11 509.12 509.13 509.14 509.15 509.16 509.17 509.18 509.19 509.20 509.21 509.22 509.23 509.24 509.25 509.26 509.27
509.28 509.29 509.30 509.31 509.32 510.1 510.2 510.3 510.4 510.5 510.6 510.7 510.8 510.9 510.10 510.11 510.12 510.13 510.14 510.15 510.16 510.17 510.18 510.19 510.20
510.21 510.22 510.23 510.24 510.25 510.26 510.27 510.28 510.29 510.30 510.31 510.32
510.33
511.1 511.2 511.3 511.4 511.5 511.6 511.7 511.8 511.9 511.10 511.11 511.12 511.13 511.14 511.15 511.16 511.17 511.18 511.19
511.20 511.21 511.22 511.23 511.24 511.25 511.26 511.27 511.28 511.29 511.30 512.1 512.2 512.3 512.4 512.5 512.6 512.7 512.8 512.9 512.10 512.11 512.12 512.13 512.14 512.15 512.16 512.17 512.18
512.19 512.20 512.21 512.22 512.23 512.24 512.25 512.26 512.27 512.28 512.29 512.30 512.31
513.1 513.2 513.3 513.4 513.5 513.6 513.7 513.8 513.9 513.10 513.11 513.12 513.13 513.14 513.15 513.16 513.17 513.18 513.19 513.20 513.21 513.22 513.23 513.24 513.25 513.26 513.27 513.28 513.29 513.30 514.1 514.2 514.3 514.4 514.5 514.6 514.7 514.8 514.9
514.10 514.11 514.12 514.13 514.14 514.15 514.16 514.17 514.18 514.19 514.20 514.21 514.22 514.23 514.24 514.25 514.26
514.27 514.28 514.29 514.30 515.1 515.2 515.3 515.4 515.5
515.6 515.7 515.8 515.9 515.10 515.11
515.12 515.13 515.14 515.15
515.16 515.17 515.18 515.19 515.20
515.21 515.22 515.23 515.24 515.25 515.26 515.27 515.28 515.29 515.30 516.1 516.2 516.3 516.4 516.5 516.6 516.7 516.8 516.9 516.10 516.11 516.12 516.13 516.14 516.15 516.16
516.17 516.18 516.19 516.20 516.21 516.22 516.23 516.24 516.25 516.26 516.27 516.28 516.29 516.30 516.31 516.32 517.1 517.2 517.3 517.4 517.5 517.6 517.7 517.8 517.9 517.10 517.11 517.12 517.13 517.14 517.15 517.16 517.17 517.18 517.19 517.20 517.21 517.22 517.23 517.24 517.25 517.26 517.27 517.28 517.29 517.30 517.31 517.32 517.33 517.34 517.35 517.36 517.37 517.38 518.1 518.2 518.3 518.4 518.5 518.6 518.7 518.8 518.9 518.10 518.11 518.12 518.13 518.14 518.15 518.16 518.17 518.18 518.19 518.20 518.21 518.22 518.23 518.24 518.25 518.26
518.27 518.28 518.29 518.30 518.31 518.32 519.1 519.2 519.3 519.4 519.5 519.6 519.7 519.8 519.9 519.10 519.11 519.12 519.13 519.14 519.15 519.16 519.17 519.18 519.19 519.20 519.21 519.22 519.23 519.24 519.25 519.26 519.27 519.28 519.29 519.30 519.31 519.32 520.1 520.2 520.3 520.4 520.5 520.6 520.7 520.8 520.9 520.10 520.11 520.12 520.13 520.14 520.15 520.16 520.17 520.18 520.19 520.20 520.21 520.22 520.23 520.24 520.25 520.26 520.27 520.28 520.29 520.30 520.31 520.32 520.33 521.1 521.2
521.3 521.4 521.5 521.6 521.7 521.8 521.9 521.10 521.11 521.12 521.13 521.14 521.15 521.16 521.17 521.18 521.19 521.20 521.21 521.22 521.23 521.24 521.25 521.26 521.27 521.28 521.29 521.30 522.1 522.2 522.3 522.4 522.5 522.6 522.7 522.8 522.9 522.10 522.11 522.12 522.13 522.14 522.15 522.16 522.17 522.18 522.19 522.20 522.21 522.22 522.23
522.24 522.25 522.26 522.27 522.28 522.29 522.30 522.31 522.32 523.1 523.2 523.3 523.4 523.5 523.6 523.7 523.8 523.9 523.10 523.11 523.12 523.13 523.14 523.15 523.16 523.17 523.18 523.19 523.20 523.21
523.22 523.23 523.24 523.25 523.26 523.27 523.28 523.29 523.30 523.31 524.1 524.2 524.3 524.4 524.5 524.6 524.7 524.8 524.9 524.10 524.11 524.12
524.13 524.14 524.15 524.16 524.17 524.18 524.19 524.20 524.21 524.22 524.23 524.24 524.25 524.26 524.27 524.28 524.29 524.30 524.31 525.1 525.2 525.3 525.4 525.5
525.6 525.7 525.8 525.9 525.10 525.11 525.12 525.13 525.14 525.15 525.16 525.17 525.18 525.19 525.20 525.21 525.22 525.23 525.24 525.25 525.26 525.27 525.28 525.29 525.30 525.31 525.32 525.33 525.34 526.1 526.2 526.3 526.4
526.5 526.6 526.7 526.8 526.9 526.10 526.11 526.12 526.13 526.14 526.15 526.16 526.17 526.18 526.19 526.20 526.21 526.22 526.23 526.24 526.25
526.26 526.27 526.28 526.29 526.30 527.1 527.2 527.3 527.4 527.5 527.6 527.7 527.8 527.9 527.10 527.11 527.12 527.13 527.14 527.15 527.16 527.17 527.18 527.19 527.20 527.21
527.22 527.23 527.24 527.25 527.26 527.27 527.28 527.29 527.30
528.1 528.2 528.3 528.4 528.5 528.6 528.7
528.8 528.9 528.10 528.11 528.12 528.13 528.14 528.15 528.16 528.17 528.18
528.19 528.20 528.21 528.22 528.23 528.24 528.25 528.26 528.27 528.28 528.29 528.30 528.31 528.32
529.1 529.2 529.3 529.4 529.5 529.6 529.7 529.8 529.9 529.10 529.11 529.12 529.13 529.14 529.15 529.16 529.17 529.18 529.19 529.20 529.21 529.22 529.23 529.24 529.25 529.26 529.27 529.28 529.29 529.30 530.1 530.2 530.3 530.4 530.5 530.6 530.7
530.8 530.9 530.10 530.11 530.12 530.13 530.14 530.15 530.16 530.17 530.18 530.19 530.20 530.21 530.22 530.23 530.24 530.25 530.26 530.27 530.28
530.29 530.30 530.31 530.32 530.33 531.1 531.2 531.3 531.4 531.5 531.6 531.7 531.8 531.9 531.10 531.11 531.12
531.13 531.14 531.15 531.16 531.17 531.18 531.19 531.20 531.21 531.22 531.23 531.24 531.25 531.26 531.27 531.28 531.29 531.30 532.1 532.2 532.3 532.4 532.5 532.6 532.7
532.8 532.9 532.10 532.11 532.12 532.13 532.14 532.15 532.16 532.17 532.18 532.19 532.20 532.21 532.22 532.23 532.24 532.25 532.26 532.27 532.28 532.29 532.30 532.31 533.1 533.2 533.3 533.4 533.5 533.6 533.7 533.8 533.9 533.10 533.11 533.12 533.13 533.14 533.15 533.16 533.17 533.18 533.19 533.20 533.21 533.22 533.23
533.24 533.25 533.26 533.27 533.28 533.29 533.30
534.1 534.2 534.3 534.4 534.5 534.6 534.7 534.8 534.9 534.10 534.11 534.12 534.13 534.14 534.15 534.16 534.17 534.18 534.19 534.20 534.21 534.22 534.23 534.24 534.25 534.26 534.27 534.28 534.29 534.30
535.1 535.2 535.3 535.4 535.5 535.6 535.7 535.8 535.9 535.10 535.11 535.12 535.13 535.14
535.15 535.16 535.17 535.18 535.19 535.20 535.21 535.22 535.23 535.24 535.25 535.26 535.27 535.28 535.29 535.30 535.31 535.32 536.1 536.2 536.3 536.4 536.5 536.6 536.7 536.8
536.9 536.10 536.11 536.12 536.13 536.14 536.15 536.16 536.17 536.18 536.19 536.20 536.21
536.22 536.23 536.24 536.25 536.26 536.27 536.28 536.29 536.30 536.31 537.1 537.2 537.3 537.4 537.5 537.6 537.7 537.8 537.9 537.10 537.11 537.12 537.13 537.14 537.15 537.16 537.17 537.18
537.19 537.20 537.21 537.22 537.23 537.24 537.25 537.26 537.27 537.28 537.29 537.30 537.31 537.32 537.33 538.1 538.2 538.3 538.4
538.5 538.6 538.7 538.8 538.9 538.10 538.11 538.12 538.13 538.14 538.15 538.16 538.17 538.18 538.19 538.20 538.21 538.22 538.23 538.24 538.25 538.26 538.27 538.28 538.29
539.1 539.2 539.3 539.4 539.5 539.6 539.7 539.8 539.9 539.10 539.11 539.12 539.13 539.14 539.15 539.16
539.17 539.18 539.19 539.20 539.21 539.22 539.23 539.24 539.25
539.26 539.27
539.28 539.29 539.30 539.31 539.32 540.1 540.2 540.3 540.4 540.5 540.6 540.7 540.8 540.9 540.10 540.11 540.12 540.13 540.14 540.15 540.16 540.17 540.18 540.19 540.20 540.21 540.22 540.23 540.24 540.25
540.26 540.27
540.28 540.29 540.30 541.1 541.2 541.3 541.4 541.5
541.6 541.7 541.8 541.9 541.10 541.11 541.12 541.13
541.14 541.15 541.16 541.17 541.18 541.19 541.20 541.21 541.22 541.23
541.24 541.25 541.26 541.27 541.28 541.29 541.30 542.1 542.2 542.3 542.4 542.5 542.6 542.7 542.8 542.9 542.10 542.11 542.12
542.13 542.14 542.15 542.16 542.17 542.18 542.19 542.20 542.21
542.22 542.23 542.24
542.25 542.26
542.27 542.28 542.29 542.30 543.1 543.2 543.3 543.4 543.5 543.6 543.7 543.8 543.9 543.10 543.11 543.12 543.13 543.14 543.15 543.16 543.17 543.18 543.19 543.20
543.21 543.22
543.23 543.24 543.25 543.26 543.27 543.28 543.29 543.30 543.31 544.1 544.2 544.3 544.4 544.5 544.6 544.7 544.8 544.9 544.10 544.11 544.12 544.13 544.14 544.15 544.16 544.17
544.18 544.19 544.20 544.21 544.22 544.23 544.24 544.25 544.26 544.27 544.28 544.29
545.1 545.2 545.3 545.4 545.5 545.6 545.7 545.8 545.9 545.10 545.11
545.12 545.13 545.14 545.15 545.16 545.17 545.18 545.19 545.20 545.21 545.22 545.23 545.24 545.25 545.26 545.27 545.28 545.29 545.30 545.31 546.1 546.2 546.3 546.4 546.5 546.6 546.7 546.8 546.9 546.10 546.11 546.12 546.13 546.14 546.15 546.16 546.17 546.18 546.19 546.20 546.21 546.22 546.23 546.24 546.25 546.26 546.27 546.28 546.29 546.30 546.31 547.1 547.2 547.3 547.4 547.5 547.6 547.7 547.8 547.9 547.10 547.11 547.12 547.13 547.14 547.15 547.16 547.17 547.18 547.19 547.20 547.21 547.22 547.23 547.24 547.25 547.26 547.27 547.28 547.29 547.30 547.31 548.1 548.2 548.3 548.4 548.5 548.6 548.7 548.8 548.9 548.10 548.11 548.12 548.13 548.14 548.15 548.16 548.17 548.18 548.19 548.20 548.21 548.22 548.23 548.24 548.25 548.26 548.27 548.28 548.29 548.30 548.31 548.32 549.1 549.2 549.3 549.4 549.5 549.6 549.7 549.8 549.9 549.10 549.11 549.12 549.13 549.14 549.15 549.16 549.17 549.18 549.19 549.20 549.21 549.22 549.23 549.24 549.25 549.26 549.27 549.28 549.29 549.30 549.31 549.32 550.1 550.2 550.3 550.4 550.5 550.6 550.7 550.8 550.9 550.10 550.11 550.12 550.13 550.14 550.15 550.16 550.17 550.18 550.19 550.20 550.21 550.22 550.23 550.24 550.25 550.26 550.27 550.28 550.29 550.30 550.31 550.32 550.33 550.34 551.1 551.2 551.3 551.4 551.5 551.6 551.7 551.8 551.9 551.10 551.11 551.12 551.13 551.14 551.15 551.16 551.17 551.18 551.19 551.20 551.21 551.22 551.23 551.24 551.25 551.26 551.27 551.28 551.29 551.30 551.31 551.32 552.1 552.2 552.3 552.4 552.5 552.6 552.7 552.8 552.9 552.10 552.11 552.12 552.13 552.14 552.15 552.16 552.17 552.18 552.19 552.20 552.21 552.22 552.23 552.24 552.25 552.26 552.27 552.28 552.29 552.30 552.31 552.32 553.1 553.2 553.3 553.4 553.5 553.6 553.7 553.8 553.9 553.10 553.11 553.12 553.13 553.14 553.15 553.16 553.17 553.18 553.19 553.20
553.21 553.22 553.23 553.24 553.25 553.26 553.27 553.28 553.29 553.30 553.31 554.1 554.2 554.3 554.4 554.5 554.6 554.7 554.8 554.9 554.10 554.11 554.12 554.13
554.14 554.15 554.16 554.17 554.18 554.19 554.20 554.21 554.22 554.23 554.24
554.25 554.26 554.27 554.28 554.29 554.30 554.31 555.1 555.2 555.3 555.4 555.5 555.6 555.7 555.8 555.9 555.10 555.11 555.12 555.13 555.14 555.15 555.16 555.17 555.18 555.19 555.20 555.21 555.22 555.23 555.24 555.25 555.26 555.27 555.28 555.29 555.30 555.31 555.32 556.1 556.2 556.3 556.4 556.5 556.6 556.7 556.8 556.9 556.10 556.11 556.12 556.13 556.14
556.15 556.16 556.17 556.18 556.19 556.20 556.21 556.22 556.23 556.24 556.25 556.26 556.27 556.28 556.29 556.30 557.1 557.2 557.3 557.4 557.5 557.6 557.7 557.8 557.9 557.10 557.11 557.12 557.13 557.14 557.15 557.16 557.17 557.18 557.19 557.20 557.21 557.22 557.23 557.24 557.25 557.26 557.27 557.28 557.29 557.30 557.31 558.1 558.2 558.3 558.4 558.5 558.6 558.7 558.8 558.9 558.10 558.11 558.12 558.13 558.14 558.15 558.16 558.17 558.18
558.19 558.20 558.21 558.22 558.23 558.24 558.25 558.26 558.27 558.28 558.29 558.30 558.31 558.32 558.33 559.1 559.2 559.3 559.4
559.5 559.6
559.7 559.8
559.9 559.10 559.11 559.12 559.13 559.14 559.15 559.16 559.17 559.18 559.19 559.20 559.21 559.22
559.23 559.24 559.25 559.26 559.27 559.28 559.29 559.30 560.1 560.2 560.3 560.4 560.5 560.6 560.7 560.8 560.9 560.10 560.11 560.12 560.13 560.14 560.15 560.16 560.17
560.18 560.19 560.20 560.21 560.22 560.23 560.24
560.25 560.26 560.27 560.28 560.29 561.1 561.2 561.3 561.4 561.5 561.6 561.7 561.8
561.9 561.10 561.11 561.12 561.13 561.14 561.15 561.16 561.17 561.18 561.19 561.20 561.21
561.22 561.23 561.24 561.25 561.26 561.27 561.28 561.29 561.30 561.31 562.1 562.2 562.3 562.4 562.5 562.6 562.7
562.8 562.9 562.10 562.11 562.12 562.13 562.14 562.15 562.16 562.17 562.18 562.19 562.20 562.21 562.22 562.23 562.24 562.25 562.26
563.1 563.2 563.3 563.4 563.5 563.6 563.7 563.8 563.9 563.10 563.11 563.12 563.13 563.14 563.15 563.16 563.17 563.18 563.19 563.20 563.21 563.22 563.23 563.24 563.25 563.26 563.27 563.28 563.29 563.30 563.31 563.32 563.33 563.34 564.1 564.2 564.3 564.4 564.5 564.6 564.7 564.8 564.9 564.10 564.11 564.12 564.13 564.14 564.15
564.16 564.17 564.18 564.19 564.20 564.21 564.22 564.23 564.24 564.25 564.26 564.27 564.28 564.29 564.30 564.31 565.1 565.2 565.3 565.4 565.5
565.6 565.7 565.8 565.9 565.10 565.11 565.12 565.13
565.14 565.15 565.16 565.17 565.18 565.19 565.20 565.21 565.22 565.23 565.24 565.25 565.26 565.27 565.28 566.1 566.2 566.3
566.4 566.5 566.6 566.7 566.8 566.9 566.10 566.11 566.12 566.13 566.14 566.15 566.16 566.17 566.18 566.19 566.20 566.21 566.22 566.23 566.24 566.25 566.26 566.27 566.28 566.29 566.30 566.31 566.32 566.33 567.1 567.2 567.3 567.4 567.5 567.6 567.7 567.8 567.9 567.10 567.11 567.12 567.13 567.14 567.15 567.16 567.17 567.18 567.19
567.20 567.21 567.22 567.23 567.24 567.25 567.26 567.27 567.28 567.29 567.30 567.31 567.32 568.1 568.2 568.3 568.4 568.5 568.6 568.7 568.8 568.9 568.10
568.11 568.12 568.13 568.14 568.15 568.16 568.17 568.18
568.19 568.20 568.21 568.22 568.23 568.24 568.25 568.26 568.27 568.28 568.29 568.30 569.1 569.2 569.3 569.4 569.5 569.6 569.7
569.8 569.9 569.10 569.11 569.12 569.13 569.14 569.15 569.16 569.17 569.18 569.19 569.20 569.21 569.22 569.23 569.24 569.25 569.26 569.27 569.28 569.29 569.30 569.31 570.1 570.2 570.3 570.4 570.5 570.6 570.7 570.8 570.9 570.10 570.11 570.12 570.13 570.14 570.15 570.16 570.17 570.18 570.19 570.20 570.21 570.22 570.23 570.24 570.25
570.26 570.27 570.28 570.29 570.30 570.31 570.32 571.1 571.2 571.3 571.4 571.5 571.6 571.7 571.8 571.9 571.10 571.11 571.12 571.13 571.14
571.15 571.16 571.17 571.18 571.19 571.20 571.21 571.22
571.23 571.24 571.25 571.26 571.27 571.28 571.29 571.30 572.1
572.2 572.3 572.4 572.5 572.6 572.7 572.8 572.9 572.10 572.11 572.12 572.13 572.14 572.15 572.16 572.17 572.18 572.19 572.20 572.21 572.22 572.23 572.24 572.25 572.26 572.27 572.28 572.29 572.30 572.31 572.32 572.33 573.1 573.2 573.3 573.4 573.5 573.6 573.7 573.8 573.9 573.10 573.11 573.12 573.13 573.14 573.15 573.16 573.17
573.18 573.19 573.20 573.21 573.22 573.23 573.24 573.25 573.26 573.27 573.28 573.29 573.30 573.31 574.1 574.2 574.3 574.4 574.5 574.6 574.7
574.8 574.9 574.10 574.11 574.12 574.13 574.14 574.15
574.16 574.17 574.18 574.19 574.20 574.21 574.22 574.23 574.24 574.25 574.26 574.27 574.28
575.1 575.2 575.3 575.4 575.5 575.6 575.7 575.8 575.9 575.10 575.11 575.12 575.13 575.14 575.15 575.16 575.17 575.18 575.19 575.20 575.21 575.22 575.23 575.24 575.25 575.26 575.27 575.28 575.29 575.30 575.31 575.32 575.33 575.34 576.1 576.2 576.3 576.4 576.5 576.6 576.7 576.8 576.9 576.10 576.11 576.12 576.13 576.14 576.15 576.16
576.17 576.18 576.19 576.20 576.21 576.22 576.23 576.24 576.25 576.26 576.27 576.28 576.29 576.30 576.31 576.32 577.1 577.2
577.3 577.4 577.5 577.6 577.7 577.8 577.9 577.10 577.11 577.12
577.13 577.14 577.15 577.16 577.17 577.18 577.19 577.20
577.21 577.22 577.23 577.24 577.25 577.26 577.27 577.28 577.29 578.1 578.2
578.3 578.4 578.5 578.6 578.7 578.8 578.9 578.10 578.11 578.12 578.13 578.14 578.15 578.16 578.17 578.18 578.19 578.20 578.21 578.22 578.23 578.24 578.25 578.26 578.27 578.28 578.29 578.30 578.31 578.32 579.1 579.2 579.3 579.4 579.5 579.6 579.7 579.8 579.9 579.10 579.11 579.12 579.13 579.14 579.15 579.16 579.17 579.18 579.19
579.20 579.21 579.22 579.23 579.24 579.25 579.26 579.27 579.28 579.29 579.30 579.31 580.1 580.2 580.3 580.4 580.5 580.6
580.7 580.8 580.9 580.10 580.11 580.12 580.13 580.14 580.15 580.16 580.17 580.18
580.19 580.20 580.21 580.22 580.23 580.24 580.25 580.26 580.27 581.1 581.2 581.3 581.4 581.5 581.6 581.7 581.8 581.9 581.10 581.11 581.12 581.13 581.14 581.15 581.16 581.17 581.18 581.19 581.20 581.21 581.22 581.23 581.24 581.25 581.26 581.27 581.28 581.29 582.1 582.2 582.3 582.4 582.5 582.6 582.7 582.8 582.9 582.10 582.11 582.12 582.13 582.14 582.15 582.16 582.17 582.18 582.19 582.20 582.21
582.22 582.23 582.24 582.25 582.26 582.27 582.28 582.29 582.30 582.31 583.1 583.2 583.3 583.4 583.5 583.6 583.7 583.8 583.9 583.10 583.11 583.12 583.13 583.14 583.15 583.16 583.17 583.18 583.19 583.20 583.21 583.22 583.23
583.24 583.25 583.26 583.27 583.28 583.29 583.30 583.31 583.32 583.33 583.34 584.1 584.2 584.3 584.4 584.5
584.6 584.7 584.8 584.9 584.10 584.11 584.12 584.13 584.14 584.15 584.16 584.17 584.18 584.19 584.20 584.21 584.22 584.23 584.24 584.25 584.26 584.27 584.28 584.29 584.30 584.31
585.1 585.2 585.3 585.4
585.5 585.6 585.7 585.8 585.9 585.10 585.11 585.12 585.13
585.14 585.15 585.16 585.17 585.18 585.19 585.20 585.21 585.22 585.23 585.24 585.25 585.26 585.27 585.28 585.29 585.30 586.1 586.2 586.3
586.4 586.5 586.6 586.7 586.8 586.9 586.10 586.11 586.12 586.13 586.14 586.15 586.16 586.17 586.18 586.19 586.20
586.21 586.22 586.23 586.24 586.25 586.26 586.27 586.28 586.29 586.30 586.31 587.1 587.2 587.3 587.4 587.5 587.6 587.7 587.8 587.9 587.10 587.11 587.12 587.13 587.14 587.15 587.16 587.17 587.18 587.19 587.20 587.21 587.22 587.23 587.24 587.25 587.26 587.27 587.28 587.29 587.30 587.31 587.32 588.1 588.2 588.3 588.4 588.5 588.6 588.7 588.8 588.9 588.10 588.11 588.12 588.13 588.14 588.15 588.16 588.17 588.18 588.19 588.20 588.21 588.22 588.23 588.24 588.25 588.26 588.27 588.28 588.29
588.30 588.31 589.1 589.2 589.3 589.4 589.5 589.6 589.7
589.8 589.9 589.10 589.11 589.12 589.13 589.14 589.15 589.16 589.17 589.18 589.19 589.20 589.21 589.22 589.23 589.24 589.25 589.26 589.27 589.28
589.29 589.30 589.31 589.32 590.1 590.2 590.3 590.4 590.5
590.6 590.7 590.8 590.9 590.10 590.11 590.12 590.13
590.14 590.15 590.16 590.17 590.18
590.19 590.20 590.21 590.22 590.23 590.24 590.25 590.26 590.27 590.28 590.29 590.30 590.31 591.1 591.2 591.3 591.4 591.5 591.6 591.7 591.8 591.9 591.10 591.11 591.12 591.13 591.14 591.15 591.16 591.17 591.18 591.19 591.20 591.21 591.22 591.23 591.24 591.25 591.26 591.27 591.28 591.29 591.30 591.31 591.32 591.33
592.1 592.2 592.3 592.4 592.5 592.6 592.7 592.8 592.9 592.10 592.11 592.12 592.13 592.14 592.15 592.16 592.17 592.18 592.19 592.20 592.21 592.22 592.23 592.24 592.25 592.26 592.27 592.28 592.29 592.30 592.31 592.32 592.33 592.34 593.1 593.2 593.3 593.4 593.5 593.6 593.7 593.8
593.9 593.10 593.11 593.12 593.13 593.14 593.15 593.16 593.17 593.18 593.19 593.20
593.21
593.22 593.23 593.24 593.25 593.26 593.27 593.28 593.29 593.30 593.31 593.32 594.1 594.2 594.3 594.4 594.5 594.6 594.7 594.8 594.9 594.10 594.11 594.12 594.13 594.14 594.15 594.16 594.17 594.18 594.19 594.20 594.21 594.22 594.23 594.24 594.25 594.26 594.27 594.28 594.29 594.30 595.1 595.2 595.3
595.4 595.5 595.6 595.7 595.8 595.9 595.10 595.11 595.12 595.13 595.14 595.15 595.16 595.17 595.18 595.19 595.20 595.21 595.22 595.23
595.24 595.25 595.26
595.27 595.28
595.29 595.30 596.1 596.2 596.3 596.4 596.5 596.6 596.7 596.8 596.9 596.10 596.11 596.12 596.13 596.14 596.15 596.16
596.17 596.18 596.19 596.20 596.21 596.22 596.23 596.24 596.25 596.26 596.27 596.28 596.29
596.30 596.31 596.32 596.33 597.1 597.2 597.3 597.4 597.5 597.6 597.7 597.8 597.9
597.10 597.11 597.12 597.13 597.14 597.15 597.16 597.17 597.18 597.19 597.20 597.21 597.22 597.23 597.24
597.25 597.26 597.27 597.28 597.29 597.30 597.31 597.32 598.1 598.2 598.3 598.4 598.5 598.6 598.7 598.8 598.9 598.10 598.11 598.12 598.13 598.14 598.15 598.16 598.17 598.18 598.19 598.20 598.21 598.22 598.23 598.24 598.25 598.26 598.27 598.28 598.29 598.30 598.31 598.32 599.1 599.2 599.3 599.4 599.5 599.6 599.7 599.8 599.9 599.10 599.11 599.12 599.13 599.14 599.15 599.16 599.17 599.18 599.19 599.20 599.21 599.22 599.23 599.24 599.25 599.26 599.27 599.28 599.29 599.30 599.31 599.32 599.33 600.1 600.2 600.3 600.4 600.5 600.6 600.7 600.8 600.9 600.10 600.11 600.12 600.13 600.14 600.15 600.16 600.17 600.18 600.19 600.20 600.21 600.22 600.23 600.24 600.25 600.26 600.27 600.28 600.29 600.30 600.31 601.1 601.2 601.3 601.4 601.5 601.6 601.7 601.8 601.9 601.10 601.11 601.12 601.13 601.14 601.15 601.16 601.17 601.18 601.19 601.20 601.21 601.22 601.23 601.24 601.25 601.26 601.27 601.28 601.29 601.30 601.31
602.1 602.2 602.3 602.4 602.5 602.6 602.7 602.8 602.9 602.10 602.11 602.12 602.13 602.14 602.15 602.16 602.17 602.18 602.19 602.20 602.21 602.22 602.23 602.24 602.25 602.26 602.27 602.28 602.29 602.30 602.31 602.32 602.33 602.34 602.35
603.1 603.2 603.3 603.4 603.5 603.6 603.7 603.8 603.9 603.10 603.11 603.12 603.13 603.14 603.15 603.16 603.17 603.18 603.19 603.20 603.21 603.22 603.23 603.24 603.25 603.26 603.27 603.28 603.29 603.30 603.31 603.32 603.33 604.1 604.2 604.3 604.4 604.5 604.6 604.7 604.8 604.9 604.10 604.11 604.12 604.13 604.14 604.15 604.16 604.17 604.18 604.19 604.20 604.21 604.22 604.23 604.24 604.25 604.26 604.27 604.28 604.29 604.30 604.31 605.1 605.2 605.3 605.4 605.5 605.6 605.7 605.8 605.9 605.10 605.11 605.12 605.13 605.14 605.15
605.16 605.17 605.18 605.19 605.20 605.21 605.22 605.23 605.24 605.25 605.26 605.27 605.28 605.29 605.30 605.31 605.32 606.1 606.2 606.3 606.4 606.5 606.6 606.7 606.8 606.9 606.10 606.11 606.12 606.13
606.14 606.15 606.16 606.17 606.18 606.19
606.20 606.21 606.22 606.23 606.24 606.25 606.26 606.27 606.28 606.29 606.30 607.1 607.2 607.3 607.4 607.5 607.6 607.7 607.8 607.9 607.10 607.11 607.12 607.13 607.14 607.15 607.16 607.17 607.18
607.19 607.20 607.21 607.22 607.23 607.24 607.25 607.26 607.27 607.28 607.29 607.30 607.31 607.32 607.33 608.1 608.2 608.3 608.4 608.5 608.6 608.7 608.8 608.9 608.10 608.11 608.12 608.13 608.14 608.15 608.16 608.17 608.18 608.19 608.20 608.21 608.22 608.23 608.24 608.25 608.26 608.27 608.28
608.29 608.30 608.31 608.32 608.33 609.1 609.2 609.3 609.4 609.5 609.6 609.7 609.8 609.9 609.10 609.11 609.12 609.13 609.14 609.15 609.16 609.17 609.18 609.19 609.20 609.21 609.22 609.23 609.24 609.25 609.26 609.27 609.28 609.29
609.30 609.31 609.32 609.33 609.34 610.1 610.2 610.3 610.4 610.5 610.6 610.7 610.8 610.9 610.10 610.11 610.12 610.13 610.14 610.15 610.16 610.17 610.18 610.19 610.20 610.21 610.22 610.23 610.24 610.25 610.26 610.27 610.28 610.29 610.30 610.31 610.32
611.1 611.2
611.3 611.4 611.5
611.6 611.7 611.8 611.9 611.10 611.11 611.12 611.13 611.14 611.15 611.16 611.17 611.18 611.19 611.20 611.21 611.22 611.23 611.24 611.25 611.26 611.27 611.28
612.1 612.2 612.3 612.4 612.5 612.6 612.7 612.8
612.9 612.10 612.11 612.12 612.13 612.14 612.15 612.16 612.17 612.18 612.19 612.20 612.21 612.22 612.23 612.24 612.25 612.26 612.27 612.28 612.29 612.30 612.31 613.1 613.2 613.3 613.4 613.5 613.6 613.7 613.8 613.9 613.10 613.11 613.12 613.13 613.14 613.15 613.16 613.17 613.18 613.19 613.20 613.21 613.22 613.23 613.24 613.25 613.26 613.27 613.28 613.29 613.30 613.31 613.32 613.33 614.1 614.2 614.3 614.4 614.5 614.6 614.7 614.8 614.9 614.10 614.11 614.12 614.13 614.14 614.15 614.16 614.17 614.18 614.19 614.20 614.21 614.22 614.23 614.24 614.25 614.26 614.27 614.28 614.29 614.30 614.31 614.32 614.33 614.34 614.35 615.1 615.2 615.3 615.4 615.5 615.6 615.7 615.8 615.9 615.10 615.11 615.12 615.13 615.14 615.15 615.16 615.17 615.18 615.19 615.20 615.21 615.22 615.23 615.24 615.25 615.26 615.27 615.28 615.29 615.30 615.31 616.1 616.2 616.3 616.4 616.5 616.6 616.7 616.8 616.9 616.10 616.11 616.12 616.13 616.14 616.15 616.16 616.17 616.18 616.19 616.20 616.21 616.22 616.23 616.24 616.25 616.26 616.27 616.28 616.29 616.30 617.1 617.2 617.3 617.4 617.5 617.6 617.7 617.8 617.9 617.10 617.11 617.12 617.13 617.14 617.15 617.16 617.17 617.18 617.19 617.20 617.21 617.22 617.23 617.24 617.25 617.26 617.27 617.28 617.29 617.30 617.31 617.32 617.33 618.1 618.2 618.3 618.4 618.5 618.6 618.7 618.8 618.9 618.10 618.11 618.12
618.13
618.14 618.15 618.16 618.17 618.18 618.19 618.20 618.21 618.22 618.23 618.24 618.25 618.26 618.27 618.28 618.29 618.30 618.31 618.32 618.33
619.1 619.2 619.3 619.4 619.5 619.6 619.7 619.8 619.9 619.10 619.11 619.12 619.13 619.14 619.15 619.16 619.17 619.18 619.19 619.20 619.21 619.22 619.23 619.24 619.25 619.26 619.27 619.28 619.29 619.30 619.31 620.1 620.2 620.3 620.4 620.5 620.6 620.7 620.8 620.9 620.10 620.11
620.12 620.13 620.14 620.15 620.16 620.17 620.18 620.19 620.20 620.21 620.22 620.23 620.24 620.25 620.26 620.27 620.28 620.29 620.30 620.31
621.1 621.2 621.3 621.4 621.5 621.6 621.7
621.8 621.9 621.10 621.11 621.12 621.13 621.14 621.15 621.16 621.17 621.18 621.19 621.20 621.21
621.22 621.23 621.24 621.25 621.26 621.27 621.28 621.29 621.30 621.31 621.32 621.33
622.1 622.2 622.3 622.4 622.5 622.6 622.7 622.8 622.9 622.10 622.11 622.12 622.13 622.14 622.15
622.16 622.17 622.18 622.19 622.20 622.21 622.22 622.23 622.24 622.25 622.26 622.27 622.28 622.29 622.30 622.31 622.32 622.33 622.34 623.1 623.2 623.3 623.4 623.5 623.6 623.7 623.8 623.9 623.10 623.11 623.12 623.13
623.14 623.15 623.16 623.17 623.18 623.19 623.20 623.21 623.22 623.23 623.24 623.25 623.26 623.27 623.28 623.29 623.30 623.31 623.32 623.33 623.34
624.1 624.2 624.3 624.4 624.5 624.6 624.7 624.8 624.9 624.10 624.11 624.12 624.13 624.14 624.15 624.16 624.17 624.18 624.19 624.20 624.21 624.22 624.23 624.24 624.25 624.26 624.27 624.28 624.29
625.1 625.2 625.3 625.4
625.5 625.6 625.7 625.8 625.9 625.10 625.11 625.12 625.13 625.14 625.15 625.16 625.17 625.18 625.19 625.20 625.21 625.22 625.23 625.24 625.25 625.26 625.27 625.28 625.29 625.30 626.1 626.2 626.3
626.4 626.5 626.6 626.7 626.8
626.9 626.10 626.11 626.12 626.13 626.14 626.15 626.16 626.17 626.18 626.19 626.20 626.21 626.22 626.23 626.24 626.25 626.26
626.27 626.28 626.29 626.30 626.31 627.1 627.2 627.3 627.4 627.5 627.6 627.7 627.8 627.9 627.10 627.11 627.12 627.13 627.14 627.15 627.16 627.17 627.18 627.19 627.20 627.21 627.22 627.23 627.24 627.25 627.26 627.27 627.28 627.29 627.30 627.31 627.32 628.1 628.2 628.3 628.4 628.5 628.6 628.7 628.8 628.9 628.10 628.11 628.12 628.13 628.14 628.15 628.16 628.17 628.18 628.19 628.20 628.21 628.22 628.23 628.24 628.25 628.26 628.27 628.28 628.29 628.30 628.31 629.1 629.2 629.3 629.4
629.5 629.6 629.7 629.8 629.9 629.10 629.11 629.12 629.13 629.14 629.15 629.16 629.17 629.18 629.19 629.20 629.21 629.22 629.23 629.24 629.25
629.26 629.27 629.28 629.29 629.30 629.31 630.1 630.2 630.3 630.4 630.5 630.6 630.7 630.8 630.9 630.10 630.11 630.12 630.13 630.14 630.15 630.16 630.17 630.18 630.19 630.20 630.21 630.22 630.23 630.24 630.25 630.26 630.27 630.28 630.29 630.30 630.31 630.32 631.1 631.2 631.3 631.4 631.5 631.6 631.7 631.8 631.9 631.10 631.11 631.12 631.13 631.14 631.15 631.16 631.17 631.18 631.19 631.20 631.21 631.22 631.23 631.24 631.25 631.26 631.27 631.28 631.29 631.30 631.31 631.32 632.1 632.2 632.3 632.4 632.5 632.6 632.7 632.8 632.9 632.10 632.11 632.12 632.13 632.14 632.15 632.16 632.17 632.18 632.19 632.20 632.21 632.22 632.23
632.24 632.25
632.26 632.27 632.28 632.29 632.30 632.31 633.1 633.2 633.3 633.4 633.5 633.6 633.7 633.8 633.9 633.10 633.11 633.12 633.13 633.14 633.15 633.16
633.17 633.18 633.19 633.20 633.21 633.22 633.23 633.24 633.25 633.26 633.27 633.28 633.29 634.1 634.2
634.3 634.4 634.5 634.6 634.7 634.8 634.9 634.10 634.11 634.12 634.13 634.14 634.15 634.16 634.17 634.18 634.19 634.20 634.21
634.22 634.23 634.24 634.25 634.26 634.27 634.28 634.29 634.30 634.31
635.1 635.2 635.3 635.4 635.5 635.6 635.7 635.8 635.9 635.10 635.11 635.12 635.13 635.14 635.15 635.16 635.17 635.18 635.19 635.20 635.21 635.22 635.23 635.24 635.25 635.26 635.27 635.28 635.29 635.30 635.31 636.1 636.2 636.3 636.4 636.5 636.6 636.7 636.8 636.9 636.10 636.11 636.12 636.13 636.14 636.15 636.16 636.17 636.18 636.19 636.20 636.21 636.22 636.23 636.24 636.25 636.26 636.27 636.28 636.29 636.30 636.31 636.32 636.33 636.34
637.1 637.2 637.3 637.4 637.5 637.6
637.7 637.8 637.9 637.10 637.11 637.12 637.13 637.14 637.15 637.16 637.17 637.18 637.19 637.20 637.21 637.22 637.23 637.24 637.25 637.26 637.27
637.28 637.29 637.30 637.31 638.1 638.2 638.3 638.4 638.5 638.6 638.7 638.8 638.9 638.10 638.11 638.12 638.13 638.14 638.15 638.16 638.17 638.18 638.19 638.20 638.21 638.22 638.23 638.24 638.25 638.26 638.27 638.28 638.29 638.30 638.31 638.32 639.1 639.2 639.3 639.4
639.5 639.6 639.7 639.8 639.9 639.10 639.11 639.12 639.13 639.14 639.15 639.16 639.17 639.18 639.19
639.20 639.21 639.22 639.23 639.24 639.25 639.26 639.27 639.28 639.29 639.30 639.31 639.32 639.33
640.1 640.2 640.3 640.4 640.5 640.6 640.7 640.8 640.9 640.10 640.11 640.12 640.13 640.14 640.15 640.16 640.17 640.18 640.19 640.20 640.21 640.22 640.23 640.24 640.25 640.26 640.27 640.28 640.29 640.30 640.31 640.32 640.33 641.1 641.2 641.3 641.4 641.5
641.6 641.7 641.8 641.9 641.10 641.11 641.12 641.13 641.14 641.15 641.16 641.17 641.18 641.19 641.20 641.21 641.22
641.23 641.24 641.25
641.26 641.27 641.28 641.29 641.30
642.1 642.2 642.3 642.4 642.5 642.6 642.7 642.8 642.9 642.10 642.11 642.12 642.13 642.14 642.15 642.16 642.17 642.18 642.19 642.20 642.21 642.22 642.23 642.24 642.25 642.26 642.27 642.28 642.29 642.30 642.31 643.1 643.2 643.3 643.4 643.5 643.6 643.7 643.8 643.9 643.10 643.11 643.12 643.13
643.14 643.15 643.16 643.17 643.18 643.19 643.20
643.21 643.22 643.23
643.24 643.25 643.26 643.27 643.28 643.29 644.1 644.2 644.3 644.4 644.5
644.6 644.7 644.8 644.9 644.10 644.11 644.12 644.13 644.14 644.15 644.16 644.17 644.18 644.19 644.20 644.21 644.22 644.23 644.24 644.25 644.26 644.27 644.28 644.29 644.30 644.31 645.1 645.2 645.3 645.4 645.5 645.6 645.7 645.8 645.9
645.10 645.11 645.12
645.13 645.14 645.15 645.16
645.17 645.18 645.19
645.20 645.21 645.22
645.23 645.24 645.25 645.26 645.27 645.28 646.1 646.2 646.3 646.4 646.5 646.6 646.7 646.8 646.9 646.10 646.11 646.12 646.13 646.14 646.15 646.16 646.17 646.18 646.19 646.20 646.21 646.22 646.23 646.24 646.25 646.26 646.27 646.28 646.29 646.30 646.31 646.32 647.1 647.2 647.3 647.4 647.5 647.6 647.7 647.8 647.9 647.10 647.11 647.12
647.13 647.14 647.15 647.16 647.17 647.18 647.19 647.20 647.21
647.22 647.23
647.24 647.25 647.26 647.27 647.28 647.29 647.30 647.31 648.1 648.2 648.3 648.4 648.5 648.6 648.7 648.8 648.9 648.10 648.11 648.12 648.13 648.14 648.15 648.16 648.17 648.18 648.19 648.20 648.21
648.22 648.23 648.24 648.25 648.26 648.27 648.28 648.29 648.30 648.31 648.32 648.33 649.1 649.2 649.3 649.4 649.5 649.6 649.7 649.8 649.9 649.10 649.11 649.12 649.13 649.14
649.15 649.16 649.17 649.18 649.19 649.20 649.21 649.22 649.23 649.24 649.25 649.26 649.27 649.28 649.29 649.30 649.31 649.32 650.1 650.2 650.3 650.4 650.5 650.6 650.7 650.8 650.9 650.10
650.11 650.12 650.13 650.14 650.15 650.16 650.17 650.18 650.19 650.20 650.21 650.22 650.23 650.24 650.25 650.26 650.27 650.28 650.29 650.30 650.31 650.32 650.33
651.1 651.2 651.3 651.4 651.5 651.6 651.7 651.8 651.9 651.10 651.11 651.12 651.13 651.14 651.15 651.16 651.17 651.18 651.19 651.20 651.21 651.22 651.23 651.24 651.25 651.26 651.27 651.28 651.29 651.30 651.31 651.32 652.1 652.2 652.3 652.4 652.5 652.6 652.7 652.8 652.9 652.10 652.11 652.12 652.13 652.14 652.15 652.16 652.17 652.18 652.19 652.20 652.21 652.22 652.23 652.24 652.25 652.26 652.27 652.28 652.29 652.30 652.31 652.32 653.1 653.2 653.3 653.4 653.5 653.6 653.7 653.8 653.9 653.10 653.11 653.12 653.13 653.14 653.15 653.16 653.17 653.18 653.19 653.20 653.21 653.22 653.23 653.24 653.25 653.26 653.27 653.28 653.29 653.30 653.31 653.32 653.33 653.34 654.1 654.2 654.3 654.4 654.5 654.6 654.7 654.8 654.9 654.10 654.11 654.12 654.13 654.14 654.15 654.16 654.17 654.18 654.19 654.20 654.21 654.22 654.23 654.24 654.25 654.26 654.27
654.28 654.29 654.30 654.31 654.32 655.1 655.2 655.3 655.4 655.5 655.6 655.7 655.8 655.9 655.10 655.11 655.12 655.13 655.14 655.15 655.16 655.17 655.18 655.19 655.20 655.21 655.22 655.23 655.24 655.25 655.26 655.27 655.28 655.29 655.30 655.31 656.1 656.2 656.3 656.4 656.5 656.6 656.7 656.8 656.9 656.10 656.11 656.12 656.13 656.14 656.15 656.16 656.17 656.18 656.19 656.20 656.21 656.22 656.23 656.24 656.25 656.26 656.27 656.28 656.29 656.30 656.31 657.1 657.2 657.3 657.4 657.5 657.6 657.7 657.8 657.9 657.10 657.11 657.12 657.13 657.14 657.15 657.16 657.17 657.18 657.19 657.20 657.21 657.22 657.23 657.24 657.25 657.26 657.27 657.28 657.29 657.30 657.31 658.1 658.2 658.3 658.4 658.5 658.6 658.7 658.8 658.9 658.10 658.11 658.12
658.13 658.14 658.15 658.16 658.17 658.18 658.19 658.20 658.21 658.22 658.23 658.24 658.25 658.26 658.27 658.28 658.29 658.30 658.31 658.32 658.33 658.34 659.1 659.2 659.3 659.4 659.5
659.6 659.7 659.8 659.9 659.10 659.11 659.12 659.13 659.14 659.15 659.16 659.17 659.18 659.19 659.20 659.21 659.22 659.23
659.24 659.25 659.26 659.27 659.28 659.29 659.30 660.1 660.2 660.3 660.4 660.5 660.6 660.7 660.8 660.9 660.10 660.11 660.12 660.13 660.14 660.15 660.16 660.17 660.18 660.19 660.20 660.21 660.22 660.23 660.24 660.25 660.26 660.27 660.28 660.29 661.1 661.2 661.3 661.4 661.5 661.6 661.7 661.8 661.9 661.10 661.11 661.12 661.13 661.14 661.15 661.16 661.17 661.18 661.19 661.20 661.21 661.22 661.23 661.24 661.25 661.26 661.27 661.28 661.29 661.30 661.31 662.1 662.2 662.3 662.4 662.5 662.6 662.7 662.8
662.9 662.10 662.11 662.12 662.13 662.14 662.15 662.16 662.17 662.18 662.19 662.20 662.21 662.22 662.23 662.24 662.25 662.26 662.27 662.28 662.29 662.30 662.31 663.1 663.2 663.3 663.4 663.5 663.6 663.7 663.8 663.9 663.10 663.11 663.12 663.13 663.14 663.15 663.16 663.17 663.18 663.19 663.20 663.21 663.22 663.23 663.24 663.25 663.26 663.27 663.28 663.29 663.30 663.31 663.32
664.1 664.2 664.3 664.4 664.5 664.6 664.7 664.8 664.9 664.10 664.11 664.12 664.13 664.14 664.15 664.16 664.17 664.18 664.19 664.20 664.21 664.22 664.23 664.24 664.25 664.26 664.27 664.28 665.1 665.2 665.3 665.4 665.5 665.6 665.7 665.8 665.9 665.10 665.11 665.12 665.13
665.14 665.15 665.16 665.17 665.18 665.19 665.20 665.21 665.22 665.23
665.24 665.25 665.26 665.27 665.28 665.29 665.30 665.31 665.32 666.1 666.2 666.3 666.4 666.5 666.6 666.7 666.8 666.9 666.10 666.11 666.12 666.13
666.14 666.15 666.16 666.17 666.18 666.19 666.20 666.21 666.22 666.23 666.24 666.25
666.26 666.27
666.28 666.29
666.30 666.31 667.1 667.2 667.3
667.4
667.5 667.6 667.7 667.8 667.9 667.10 667.11 667.12 667.13 667.14 667.15 667.16 667.17 667.18 667.19 667.20
667.21
667.22 667.23 667.24 667.25 667.26 667.27 667.28 667.29 667.30 667.31 668.1 668.2
668.3
668.4 668.5 668.6 668.7 668.8
668.9 668.10 668.11 668.12 668.13 668.14 668.15 668.16 668.17 668.18 668.19 668.20 668.21 668.22 668.23 668.24 668.25 668.26 668.27 668.28 668.29 669.1 669.2 669.3 669.4 669.5 669.6 669.7 669.8 669.9 669.10 669.11 669.12 669.13 669.14 669.15
669.16
669.17 669.18 669.19 669.20 669.21 669.22 669.23 669.24 669.25 669.26 669.27 669.28 669.29 669.30 669.31 669.32 670.1 670.2 670.3 670.4 670.5 670.6 670.7
670.8
670.9 670.10 670.11 670.12 670.13 670.14 670.15 670.16 670.17
670.18 670.19 670.20 670.21 670.22 670.23 670.24 670.25 670.26 670.27 670.28 670.29 670.30 670.31 670.32 670.33 671.1 671.2
671.3 671.4 671.5 671.6 671.7 671.8 671.9 671.10 671.11 671.12 671.13 671.14 671.15 671.16 671.17 671.18 671.19 671.20 671.21 671.22 671.23 671.24 671.25 671.26 671.27 671.28
671.29
672.1 672.2 672.3 672.4 672.5 672.6 672.7 672.8 672.9 672.10 672.11 672.12 672.13 672.14 672.15 672.16 672.17 672.18 672.19 672.20 672.21 672.22 672.23 672.24 672.25
672.26
672.27 672.28 672.29 672.30 672.31 673.1 673.2 673.3 673.4 673.5
673.6
673.7 673.8 673.9 673.10 673.11 673.12 673.13 673.14 673.15 673.16 673.17 673.18 673.19 673.20 673.21 673.22 673.23 673.24 673.25 673.26 673.27 673.28 673.29 673.30 673.31 673.32 673.33 674.1 674.2 674.3 674.4 674.5 674.6 674.7 674.8 674.9 674.10 674.11
674.12 674.13
674.14 674.15 674.16 674.17 674.18 674.19 674.20 674.21 674.22 674.23 674.24 674.25 674.26 674.27 674.28 674.29 674.30 674.31
675.1 675.2 675.3 675.4 675.5 675.6 675.7 675.8 675.9 675.10 675.11 675.12 675.13 675.14 675.15 675.16
675.17 675.18 675.19 675.20 675.21 675.22 675.23 675.24 675.25 675.26 675.27 675.28 675.29 675.30 675.31 675.32 675.33 676.1 676.2 676.3 676.4 676.5 676.6 676.7 676.8 676.9 676.10 676.11 676.12 676.13 676.14 676.15 676.16
676.17
676.18 676.19 676.20 676.21 676.22 676.23 676.24 676.25 676.26 676.27 676.28 676.29 676.30 676.31
677.1 677.2 677.3 677.4 677.5 677.6 677.7 677.8 677.9 677.10 677.11 677.12 677.13 677.14 677.15 677.16 677.17 677.18 677.19 677.20 677.21 677.22 677.23 677.24 677.25 677.26 677.27 677.28 677.29 677.30 677.31 677.32 677.33 678.1 678.2 678.3 678.4 678.5 678.6 678.7 678.8 678.9 678.10 678.11 678.12 678.13 678.14 678.15 678.16 678.17 678.18 678.19 678.20 678.21 678.22 678.23 678.24 678.25 678.26 678.27 678.28 678.29 678.30 678.31 678.32 679.1 679.2 679.3 679.4 679.5 679.6 679.7 679.8 679.9 679.10 679.11 679.12 679.13 679.14 679.15 679.16 679.17 679.18 679.19 679.20 679.21
679.22 679.23 679.24 679.25 679.26 679.27 679.28 679.29 679.30 679.31 679.32 679.33
680.1 680.2 680.3 680.4 680.5 680.6 680.7 680.8 680.9 680.10 680.11 680.12 680.13 680.14 680.15 680.16 680.17 680.18 680.19 680.20 680.21 680.22 680.23 680.24 680.25 680.26 680.27 680.28 680.29 680.30 680.31 680.32 681.1 681.2 681.3 681.4 681.5 681.6 681.7 681.8 681.9 681.10 681.11 681.12 681.13 681.14 681.15 681.16 681.17 681.18 681.19 681.20 681.21 681.22 681.23 681.24 681.25 681.26 681.27 681.28 682.1 682.2 682.3 682.4 682.5 682.6 682.7 682.8 682.9 682.10 682.11 682.12 682.13 682.14 682.15
682.16 682.17 682.18
682.19 682.20 682.21 682.22 682.23 682.24 682.25 682.26 682.27 682.28 682.29 682.30 682.31 682.32 683.1 683.2 683.3 683.4 683.5 683.6 683.7 683.8 683.9 683.10 683.11 683.12 683.13 683.14 683.15 683.16 683.17 683.18 683.19 683.20 683.21 683.22 683.23 683.24 683.25 683.26 683.27 683.28 683.29 683.30 683.31 683.32 683.33 683.34
684.1 684.2 684.3
684.4 684.5 684.6 684.7 684.8 684.9 684.10 684.11 684.12 684.13 684.14 684.15 684.16 684.17 684.18 684.19 684.20 684.21
684.22 684.23 684.24 684.25 684.26 684.27 684.28 684.29 684.30 685.1 685.2 685.3 685.4 685.5 685.6 685.7 685.8 685.9 685.10 685.11 685.12 685.13 685.14 685.15 685.16 685.17
685.18 685.19 685.20 685.21 685.22 685.23 685.24 685.25 685.26 685.27 685.28 685.29 685.30 685.31 686.1 686.2 686.3 686.4 686.5 686.6 686.7 686.8 686.9 686.10 686.11 686.12 686.13 686.14 686.15 686.16 686.17 686.18 686.19 686.20 686.21 686.22 686.23
686.24 686.25 686.26 686.27 686.28 686.29 686.30 687.1 687.2
687.3 687.4 687.5 687.6 687.7 687.8 687.9
687.10
687.11 687.12 687.13 687.14 687.15 687.16 687.17 687.18 687.19 687.20 687.21 687.22 687.23 687.24 687.25 687.26 687.27 687.28 687.29 688.1 688.2 688.3 688.4 688.5 688.6 688.7 688.8 688.9 688.10 688.11 688.12 688.13 688.14 688.15 688.16 688.17
688.18
688.19 688.20 688.21 688.22 688.23 688.24 688.25
688.26 688.27
688.28 688.29 689.1 689.2 689.3
689.4 689.5 689.6 689.7 689.8 689.9 689.10 689.11 689.12 689.13 689.14 689.15 689.16 689.17 689.18 689.19 689.20 689.21 689.22 689.23 689.24 689.25 689.26 689.27 689.28 689.29 689.30 689.31 690.1 690.2 690.3 690.4 690.5 690.6 690.7 690.8 690.9 690.10 690.11 690.12 690.13 690.14 690.15 690.16 690.17 690.18 690.19 690.20 690.21 690.22 690.23 690.24 690.25 690.26 690.27 690.28 690.29 690.30 690.31 690.32 690.33 691.1 691.2 691.3 691.4 691.5 691.6 691.7 691.8 691.9 691.10 691.11 691.12 691.13
691.14 691.15 691.16 691.17 691.18 691.19 691.20 691.21 691.22 691.23 691.24 691.25 691.26 691.27 691.28 691.29
691.30
692.1 692.2 692.3 692.4 692.5 692.6 692.7 692.8 692.9 692.10 692.11 692.12 692.13 692.14 692.15 692.16 692.17 692.18 692.19 692.20 692.21 692.22 692.23 692.24 692.25 692.26 692.27 692.28 692.29 692.30 692.31 692.32 693.1 693.2 693.3 693.4 693.5 693.6 693.7 693.8 693.9 693.10 693.11 693.12 693.13 693.14 693.15 693.16 693.17 693.18 693.19 693.20 693.21 693.22 693.23 693.24 693.25 693.26 693.27 693.28 693.29 693.30 693.31 693.32 693.33 693.34 694.1 694.2 694.3 694.4 694.5 694.6 694.7 694.8 694.9 694.10 694.11 694.12 694.13 694.14 694.15 694.16 694.17 694.18
694.19
694.20 694.21 694.22 694.23 694.24 694.25 694.26 694.27 694.28 694.29 694.30 694.31 694.32 695.1 695.2 695.3 695.4 695.5 695.6 695.7 695.8 695.9 695.10 695.11 695.12 695.13 695.14 695.15 695.16 695.17 695.18 695.19 695.20 695.21 695.22 695.23 695.24 695.25
695.26 695.27 695.28 695.29 695.30 695.31 695.32 696.1 696.2 696.3 696.4 696.5 696.6 696.7 696.8 696.9 696.10 696.11 696.12 696.13 696.14 696.15 696.16 696.17 696.18 696.19 696.20 696.21 696.22 696.23 696.24 696.25 696.26 696.27 696.28
696.29 696.30 696.31 696.32 696.33 697.1 697.2 697.3 697.4
697.5
697.6 697.7 697.8 697.9 697.10 697.11 697.12 697.13 697.14 697.15 697.16 697.17 697.18 697.19 697.20 697.21 697.22 697.23 697.24 697.25 697.26 697.27 697.28 697.29 697.30 697.31 697.32 697.33 697.34 698.1 698.2 698.3 698.4 698.5 698.6 698.7 698.8 698.9 698.10 698.11 698.12 698.13 698.14 698.15 698.16 698.17 698.18
698.19 698.20 698.21 698.22 698.23 698.24 698.25 698.26 698.27 698.28 698.29 698.30
698.31
699.1 699.2 699.3 699.4 699.5 699.6 699.7 699.8 699.9 699.10 699.11 699.12 699.13 699.14 699.15 699.16 699.17 699.18 699.19 699.20 699.21 699.22 699.23 699.24 699.25 699.26 699.27 699.28 699.29 699.30 699.31 699.32 700.1 700.2 700.3 700.4 700.5 700.6 700.7 700.8 700.9 700.10 700.11 700.12 700.13 700.14 700.15 700.16 700.17 700.18 700.19 700.20 700.21 700.22 700.23 700.24 700.25 700.26 700.27 700.28 700.29 700.30 700.31 700.32 700.33 700.34 701.1 701.2 701.3 701.4 701.5 701.6 701.7 701.8 701.9 701.10 701.11 701.12 701.13 701.14 701.15 701.16 701.17 701.18 701.19 701.20 701.21 701.22 701.23 701.24 701.25 701.26 701.27 701.28 701.29 701.30 701.31 701.32 701.33 701.34 702.1 702.2 702.3
702.4 702.5 702.6 702.7 702.8 702.9 702.10 702.11 702.12 702.13 702.14 702.15 702.16 702.17 702.18 702.19 702.20 702.21 702.22 702.23 702.24 702.25 702.26 702.27 702.28 702.29 702.30 702.31 703.1 703.2 703.3 703.4 703.5 703.6 703.7 703.8 703.9 703.10 703.11 703.12 703.13 703.14 703.15 703.16 703.17 703.18 703.19
703.20 703.21 703.22 703.23 703.24 703.25 703.26 703.27 703.28 703.29 703.30 703.31 703.32 703.33 704.1 704.2 704.3 704.4 704.5 704.6 704.7 704.8 704.9 704.10 704.11 704.12 704.13 704.14 704.15 704.16 704.17 704.18 704.19 704.20 704.21 704.22 704.23 704.24 704.25 704.26 704.27 704.28 704.29 704.30
705.1 705.2 705.3 705.4 705.5 705.6 705.7 705.8 705.9 705.10 705.11 705.12 705.13 705.14 705.15 705.16 705.17 705.18 705.19
705.20 705.21
705.22 705.23
705.24 705.25
705.26 705.27
706.1 706.2 706.3 706.4 706.5 706.6 706.7 706.8 706.9 706.10 706.11 706.12 706.13 706.14 706.15 706.16 706.17 706.18 706.19 706.20 706.21 706.22 706.23 706.24 706.25 706.26 706.27 706.28 706.29 706.30 706.31
707.1 707.2 707.3 707.4 707.5 707.6 707.7 707.8 707.9 707.10 707.11 707.12 707.13 707.14 707.15 707.16 707.17 707.18 707.19 707.20 707.21 707.22 707.23 707.24 707.25 707.26 707.27 707.28 707.29 707.30 707.31 707.32 707.33 708.1 708.2 708.3 708.4 708.5 708.6 708.7 708.8
708.9 708.10
708.11 708.12
708.13 708.14 708.15 708.16 708.17 708.18 708.19 708.20 708.21 708.22 708.23 708.24 708.25 708.26 708.27 708.28 708.29 708.30 708.31 709.1 709.2 709.3 709.4 709.5 709.6 709.7 709.8 709.9 709.10 709.11 709.12 709.13 709.14 709.15 709.16 709.17 709.18 709.19 709.20 709.21 709.22 709.23 709.24 709.25 709.26 709.27 709.28 709.29 709.30 709.31 709.32 710.1 710.2 710.3 710.4 710.5 710.6 710.7 710.8 710.9 710.10 710.11 710.12 710.13 710.14 710.15 710.16 710.17 710.18 710.19 710.20 710.21 710.22 710.23 710.24 710.25 710.26 710.27 710.28 710.29 710.30 710.31 710.32 710.33 710.34 711.1 711.2 711.3 711.4 711.5 711.6 711.7 711.8 711.9 711.10 711.11 711.12 711.13 711.14 711.15 711.16 711.17 711.18 711.19 711.20 711.21 711.22 711.23 711.24 711.25 711.26 711.27 711.28 711.29 711.30 711.31 711.32 711.33 711.34 712.1 712.2 712.3 712.4 712.5 712.6 712.7 712.8 712.9 712.10 712.11
712.12
712.13 712.14 712.15 712.16 712.17 712.18 712.19 712.20 712.21 712.22 712.23 712.24 712.25 712.26 712.27 712.28 712.29 712.30 712.31 712.32 712.33 713.1 713.2 713.3 713.4 713.5 713.6 713.7 713.8 713.9 713.10 713.11 713.12 713.13 713.14 713.15 713.16 713.17 713.18 713.19 713.20 713.21 713.22 713.23 713.24 713.25 713.26 713.27 713.28 713.29 713.30 713.31 713.32 714.1 714.2 714.3 714.4 714.5 714.6 714.7 714.8 714.9 714.10
714.11 714.12 714.13 714.14 714.15 714.16 714.17 714.18 714.19 714.20 714.21 714.22 714.23 714.24 714.25 714.26 714.27 714.28 714.29 714.30 714.31 714.32 715.1 715.2 715.3 715.4 715.5 715.6 715.7 715.8 715.9 715.10 715.11 715.12 715.13 715.14 715.15 715.16 715.17 715.18 715.19 715.20 715.21 715.22 715.23 715.24 715.25 715.26 715.27 715.28 715.29 715.30 715.31 716.1 716.2 716.3 716.4 716.5 716.6 716.7 716.8 716.9 716.10 716.11 716.12 716.13 716.14 716.15 716.16 716.17 716.18 716.19 716.20 716.21 716.22 716.23 716.24 716.25 716.26 716.27 716.28 716.29 716.30
717.1 717.2 717.3 717.4 717.5 717.6 717.7 717.8 717.9 717.10 717.11 717.12 717.13 717.14 717.15 717.16 717.17 717.18 717.19 717.20 717.21 717.22 717.23 717.24 717.25 717.26 717.27 717.28 717.29 717.30 717.31 717.32 717.33 717.34 717.35 718.1 718.2 718.3 718.4 718.5 718.6 718.7 718.8 718.9 718.10 718.11
718.12 718.13 718.14 718.15 718.16 718.17 718.18 718.19 718.20 718.21 718.22 718.23 718.24 718.25 718.26 718.27 718.28 718.29 718.30 718.31 719.1 719.2 719.3 719.4 719.5 719.6 719.7 719.8 719.9 719.10 719.11 719.12 719.13 719.14 719.15 719.16 719.17 719.18 719.19 719.20 719.21 719.22 719.23 719.24
719.25 719.26 719.27 719.28 719.29 719.30 719.31 719.32 719.33 720.1 720.2 720.3 720.4 720.5 720.6 720.7 720.8 720.9 720.10 720.11 720.12 720.13 720.14 720.15 720.16 720.17 720.18 720.19 720.20 720.21 720.22 720.23 720.24 720.25 720.26 720.27 720.28 720.29 720.30 720.31 721.1 721.2
721.3 721.4 721.5 721.6 721.7 721.8 721.9 721.10 721.11 721.12 721.13 721.14 721.15 721.16 721.17 721.18 721.19 721.20 721.21 721.22 721.23 721.24 721.25 721.26 721.27
721.28 721.29 721.30 722.1 722.2 722.3 722.4 722.5 722.6 722.7 722.8 722.9 722.10 722.11 722.12 722.13 722.14 722.15 722.16 722.17 722.18 722.19 722.20 722.21 722.22 722.23 722.24 722.25 722.26 722.27 722.28 722.29
722.30 722.31 722.32 722.33 722.34 723.1 723.2 723.3 723.4 723.5 723.6 723.7 723.8 723.9 723.10 723.11 723.12 723.13 723.14 723.15 723.16 723.17 723.18 723.19 723.20 723.21 723.22 723.23 723.24 723.25 723.26 723.27 723.28 723.29 723.30 723.31 723.32 724.1 724.2 724.3 724.4 724.5 724.6 724.7 724.8 724.9 724.10 724.11 724.12 724.13 724.14 724.15 724.16 724.17 724.18
724.19
724.20 724.21 724.22 724.23 724.24 724.25 724.26 724.27 724.28 724.29 724.30
724.31
725.1 725.2 725.3 725.4 725.5 725.6 725.7 725.8 725.9 725.10 725.11 725.12 725.13 725.14 725.15 725.16 725.17 725.18 725.19 725.20 725.21 725.22 725.23 725.24 725.25 725.26 725.27 725.28 725.29 725.30 725.31 726.1 726.2 726.3 726.4 726.5 726.6 726.7 726.8 726.9 726.10 726.11 726.12 726.13 726.14 726.15 726.16 726.17 726.18 726.19 726.20 726.21 726.22 726.23 726.24 726.25 726.26 726.27 726.28 726.29 726.30 726.31 726.32 726.33 727.1 727.2 727.3 727.4 727.5 727.6 727.7 727.8 727.9 727.10 727.11 727.12 727.13 727.14 727.15 727.16 727.17 727.18 727.19
727.20
727.21 727.22 727.23 727.24 727.25 727.26 727.27 727.28 727.29 727.30 727.31 727.32 727.33 728.1 728.2 728.3 728.4 728.5 728.6 728.7 728.8 728.9 728.10 728.11 728.12 728.13 728.14 728.15 728.16 728.17 728.18 728.19 728.20
728.21
728.22 728.23 728.24 728.25 728.26 728.27 728.28 728.29 729.1 729.2 729.3 729.4 729.5 729.6 729.7 729.8 729.9 729.10 729.11 729.12 729.13 729.14 729.15 729.16 729.17 729.18 729.19 729.20 729.21 729.22 729.23 729.24 729.25 729.26 729.27 729.28
729.29
730.1 730.2 730.3 730.4 730.5 730.6 730.7 730.8 730.9 730.10 730.11 730.12 730.13 730.14 730.15 730.16 730.17 730.18 730.19 730.20 730.21 730.22 730.23 730.24 730.25 730.26 730.27 730.28 730.29 730.30 730.31 730.32 731.1 731.2 731.3 731.4 731.5 731.6 731.7 731.8 731.9 731.10 731.11 731.12 731.13 731.14 731.15 731.16 731.17 731.18 731.19 731.20 731.21 731.22 731.23 731.24 731.25 731.26 731.27 731.28 731.29 731.30 731.31 731.32 732.1 732.2 732.3 732.4 732.5
732.6 732.7 732.8 732.9 732.10 732.11 732.12 732.13 732.14 732.15 732.16 732.17 732.18 732.19 732.20 732.21 732.22 732.23 732.24 732.25 732.26 732.27 732.28 732.29 732.30 732.31 732.32 732.33 732.34 733.1 733.2 733.3 733.4 733.5 733.6 733.7 733.8 733.9 733.10 733.11 733.12 733.13 733.14 733.15 733.16 733.17 733.18 733.19 733.20 733.21 733.22 733.23 733.24 733.25 733.26 733.27 733.28 733.29 733.30 733.31 734.1 734.2 734.3 734.4 734.5 734.6 734.7 734.8 734.9 734.10 734.11 734.12 734.13 734.14 734.15 734.16 734.17 734.18 734.19 734.20 734.21 734.22 734.23 734.24 734.25 734.26 734.27 734.28 734.29 734.30 734.31 734.32 734.33 735.1 735.2 735.3 735.4 735.5 735.6 735.7 735.8 735.9 735.10 735.11 735.12 735.13 735.14 735.15 735.16 735.17 735.18 735.19 735.20 735.21 735.22 735.23 735.24 735.25 735.26 735.27 735.28 735.29 735.30 735.31 735.32 735.33 735.34 736.1 736.2
736.3 736.4 736.5 736.6 736.7 736.8 736.9 736.10 736.11 736.12 736.13 736.14 736.15 736.16 736.17 736.18 736.19 736.20 736.21 736.22 736.23 736.24
736.25 736.26 736.27 736.28 736.29 736.30 736.31 736.32 736.33 737.1 737.2 737.3 737.4 737.5 737.6 737.7 737.8 737.9 737.10
737.11 737.12 737.13 737.14 737.15 737.16 737.17 737.18 737.19 737.20 737.21 737.22 737.23 737.24 737.25 737.26 737.27 737.28 737.29 737.30 737.31 737.32 737.33 738.1 738.2 738.3 738.4 738.5 738.6 738.7 738.8 738.9 738.10 738.11 738.12 738.13 738.14 738.15 738.16 738.17 738.18 738.19 738.20 738.21 738.22 738.23 738.24 738.25
738.26 738.27 738.28
738.29 738.30 738.31 738.32 739.1 739.2 739.3 739.4 739.5 739.6 739.7 739.8 739.9 739.10 739.11 739.12 739.13 739.14 739.15 739.16 739.17 739.18 739.19 739.20 739.21 739.22 739.23 739.24 739.25 739.26
739.27 739.28 739.29 739.30 739.31 739.32 740.1 740.2 740.3 740.4 740.5 740.6 740.7 740.8 740.9 740.10 740.11 740.12 740.13 740.14 740.15 740.16 740.17 740.18 740.19 740.20 740.21 740.22 740.23 740.24 740.25 740.26 740.27 740.28 740.29 740.30 740.31 740.32 741.1 741.2 741.3 741.4 741.5 741.6 741.7
741.8 741.9 741.10 741.11 741.12 741.13 741.14 741.15 741.16 741.17 741.18 741.19 741.20 741.21 741.22 741.23 741.24 741.25
741.26 741.27 741.28 741.29 741.30 741.31 741.32 742.1 742.2
742.3 742.4 742.5 742.6 742.7 742.8 742.9 742.10 742.11 742.12 742.13 742.14 742.15 742.16 742.17 742.18 742.19 742.20 742.21 742.22 742.23 742.24 742.25 742.26 742.27 742.28 742.29 742.30 742.31 742.32 743.1 743.2 743.3 743.4 743.5 743.6 743.7 743.8 743.9 743.10 743.11 743.12 743.13 743.14 743.15 743.16 743.17
743.18 743.19 743.20 743.21 743.22 743.23 743.24 743.25 743.26 743.27 743.28 743.29 743.30 744.1 744.2 744.3 744.4 744.5 744.6 744.7 744.8 744.9 744.10 744.11 744.12 744.13 744.14 744.15 744.16 744.17 744.18 744.19 744.20 744.21 744.22 744.23 744.24 744.25 744.26 744.27 744.28 744.29 744.30 744.31 744.32 744.33 745.1 745.2 745.3 745.4 745.5 745.6 745.7 745.8 745.9 745.10 745.11 745.12 745.13 745.14 745.15 745.16 745.17 745.18 745.19 745.20 745.21 745.22 745.23 745.24 745.25
745.26 745.27 745.28 745.29 745.30 745.31 746.1 746.2 746.3 746.4 746.5 746.6 746.7 746.8 746.9 746.10 746.11 746.12 746.13 746.14 746.15 746.16 746.17 746.18 746.19 746.20 746.21 746.22 746.23 746.24 746.25 746.26 746.27 747.1 747.2 747.3 747.4 747.5 747.6
747.7 747.8 747.9 747.10 747.11 747.12 747.13 747.14 747.15 747.16 747.17 747.18 747.19 747.20 747.21 747.22 747.23 747.24 747.25 747.26 747.27 747.28 747.29 747.30 748.1 748.2 748.3 748.4 748.5 748.6 748.7 748.8 748.9 748.10 748.11 748.12 748.13 748.14 748.15 748.16 748.17 748.18 748.19 748.20 748.21
748.22 748.23 748.24 748.25 748.26 748.27 748.28 748.29 748.30 748.31 749.1 749.2 749.3 749.4 749.5 749.6 749.7 749.8 749.9 749.10 749.11 749.12 749.13 749.14 749.15 749.16 749.17 749.18 749.19 749.20 749.21 749.22 749.23 749.24 749.25 749.26 749.27 749.28 749.29 749.30 749.31 749.32 750.1 750.2 750.3 750.4 750.5 750.6 750.7 750.8 750.9 750.10 750.11 750.12 750.13 750.14 750.15 750.16 750.17 750.18 750.19 750.20 750.21 750.22 750.23 750.24 750.25 750.26 750.27 750.28 750.29 750.30 750.31 751.1 751.2 751.3 751.4 751.5 751.6 751.7 751.8 751.9 751.10 751.11 751.12 751.13 751.14 751.15 751.16 751.17 751.18 751.19 751.20 751.21 751.22 751.23 751.24 751.25 751.26 751.27 751.28 751.29 752.1 752.2 752.3 752.4 752.5 752.6 752.7 752.8 752.9 752.10 752.11 752.12 752.13 752.14 752.15 752.16 752.17 752.18 752.19 752.20 752.21 752.22 752.23 752.24 752.25 752.26 752.27 753.1 753.2 753.3 753.4 753.5 753.6 753.7 753.8 753.9 753.10 753.11 753.12 753.13 753.14 753.15 753.16 753.17 753.18 753.19 753.20 753.21 753.22 753.23 753.24 753.25 753.26 753.27 753.28 753.29 753.30 753.31 753.32 753.33 754.1 754.2 754.3 754.4 754.5 754.6 754.7 754.8 754.9 754.10 754.11 754.12
754.13 754.14 754.15 754.16 754.17
754.18 754.19 754.20 754.21 754.22 754.23 754.24 754.25 754.26 754.27 754.28 754.29 754.30 755.1 755.2 755.3 755.4 755.5 755.6 755.7 755.8 755.9 755.10 755.11 755.12 755.13 755.14 755.15 755.16 755.17 755.18 755.19 755.20 755.21 755.22 755.23 755.24 755.25 755.26 755.27 755.28 755.29 755.30 755.31 756.1 756.2 756.3 756.4 756.5 756.6 756.7 756.8 756.9
756.10
756.11 756.12 756.13 756.14 756.15 756.16 756.17 756.18 756.19 756.20 756.21 756.22 756.23 756.24 756.25 756.26 756.27 756.28 756.29 756.30 756.31 757.1 757.2 757.3 757.4 757.5 757.6 757.7 757.8 757.9 757.10 757.11 757.12 757.13 757.14 757.15 757.16 757.17 757.18 757.19 757.20 757.21 757.22 757.23 757.24 757.25 757.26 757.27 757.28 757.29 757.30 758.1 758.2 758.3 758.4 758.5 758.6 758.7 758.8 758.9 758.10 758.11 758.12 758.13
758.14
758.15 758.16 758.17 758.18 758.19 758.20 758.21 758.22 758.23 758.24 758.25 758.26 758.27 758.28 758.29 758.30 758.31 759.1 759.2 759.3 759.4 759.5 759.6 759.7 759.8 759.9 759.10 759.11 759.12 759.13 759.14 759.15 759.16 759.17 759.18 759.19 759.20 759.21 759.22 759.23 759.24 759.25 759.26 759.27 759.28
759.29
760.1 760.2 760.3 760.4 760.5 760.6 760.7 760.8 760.9 760.10 760.11 760.12 760.13 760.14 760.15 760.16 760.17 760.18 760.19 760.20 760.21 760.22 760.23 760.24 760.25 760.26 760.27 760.28 760.29 760.30 760.31 761.1 761.2 761.3 761.4 761.5 761.6 761.7 761.8 761.9 761.10 761.11 761.12 761.13 761.14 761.15 761.16 761.17 761.18 761.19 761.20 761.21 761.22 761.23 761.24 761.25 761.26
761.27
762.1 762.2 762.3 762.4 762.5 762.6 762.7 762.8 762.9 762.10 762.11 762.12 762.13 762.14 762.15 762.16 762.17 762.18 762.19 762.20 762.21 762.22 762.23 762.24 762.25 762.26 762.27 762.28 762.29 762.30 762.31 762.32 763.1 763.2 763.3 763.4 763.5 763.6 763.7 763.8 763.9 763.10 763.11 763.12 763.13 763.14 763.15 763.16 763.17 763.18 763.19 763.20 763.21 763.22 763.23 763.24 763.25 763.26 763.27 763.28 763.29 763.30 764.1 764.2 764.3 764.4 764.5 764.6 764.7 764.8 764.9 764.10 764.11 764.12 764.13 764.14
764.15 764.16 764.17 764.18 764.19 764.20 764.21 764.22 764.23 764.24 764.25 764.26 764.27 764.28 764.29 764.30 764.31 765.1 765.2 765.3 765.4 765.5 765.6 765.7 765.8 765.9 765.10 765.11 765.12 765.13 765.14 765.15 765.16 765.17 765.18 765.19 765.20 765.21 765.22 765.23 765.24 765.25 765.26 765.27 765.28 765.29 765.30 765.31 765.32 765.33 766.1 766.2 766.3 766.4 766.5 766.6 766.7 766.8 766.9 766.10 766.11 766.12 766.13 766.14 766.15 766.16 766.17
766.18 766.19 766.20 766.21 766.22 766.23 766.24
766.25 766.26 766.27 766.28 766.29 767.1 767.2
767.3 767.4 767.5 767.6 767.7 767.8 767.9 767.10 767.11 767.12 767.13 767.14 767.15 767.16 767.17 767.18 767.19 767.20 767.21 767.22 767.23 767.24 767.25 767.26 767.27 767.28 767.29 767.30 767.31 767.32
768.1 768.2 768.3 768.4 768.5 768.6 768.7
768.8 768.9 768.10 768.11
768.12 768.13 768.14 768.15 768.16 768.17
768.18 768.19 768.20 768.21 768.22 768.23 768.24 768.25 768.26 768.27 768.28 768.29 768.30 768.31 768.32 769.1 769.2 769.3 769.4
769.5 769.6
769.7 769.8 769.9 769.10 769.11 769.12 769.13 769.14 769.15 769.16 769.17 769.18 769.19 769.20 769.21 769.22 769.23 769.24 769.25 769.26 769.27 769.28 769.29
769.30
770.1 770.2 770.3 770.4 770.5 770.6 770.7 770.8 770.9 770.10 770.11 770.12 770.13 770.14 770.15 770.16 770.17 770.18 770.19 770.20 770.21 770.22 770.23 770.24 770.25 770.26 770.27 770.28 770.29 770.30 771.1 771.2 771.3 771.4 771.5 771.6 771.7 771.8 771.9 771.10 771.11 771.12 771.13 771.14 771.15 771.16 771.17 771.18 771.19 771.20 771.21 771.22 771.23 771.24 771.25 771.26 771.27 771.28 771.29 771.30 772.1 772.2 772.3 772.4 772.5 772.6 772.7 772.8 772.9 772.10 772.11 772.12 772.13 772.14 772.15 772.16 772.17 772.18 772.19 772.20 772.21 772.22
772.23 772.24 772.25 772.26 772.27 772.28 772.29 772.30 772.31 772.32 772.33 773.1 773.2 773.3
773.4 773.5 773.6 773.7 773.8 773.9 773.10 773.11 773.12
773.13 773.14 773.15 773.16 773.17 773.18 773.19 773.20 773.21 773.22 773.23 773.24 773.25 773.26 773.27
773.28
773.29 773.30 773.31 774.1 774.2 774.3 774.4
774.5 774.6
774.7
774.8 774.9
774.10 774.11 774.12 774.13 774.14 774.15 774.16 774.17 774.18 774.19 774.20 774.21 774.22 774.23 774.24 774.25 774.26 774.27 774.28 774.29 774.30 775.1 775.2 775.3 775.4 775.5 775.6 775.7 775.8 775.9 775.10 775.11 775.12 775.13 775.14 775.15 775.16 775.17 775.18 775.19 775.20 775.21 775.22 775.23 775.24 775.25 775.26 775.27 775.28 775.29 775.30 775.31 775.32 776.1 776.2 776.3 776.4 776.5 776.6 776.7 776.8 776.9 776.10 776.11 776.12 776.13 776.14 776.15 776.16 776.17 776.18
776.19 776.20 776.21 776.22 776.23 776.24 776.25 776.26 776.27 776.28 776.29 776.30 776.31 777.1 777.2 777.3 777.4
777.5
777.6 777.7 777.8 777.9 777.10 777.11 777.12 777.13 777.14 777.15 777.16 777.17 777.18 777.19 777.20 777.21 777.22 777.23 777.24 777.25 777.26 777.27 777.28 777.29 777.30 777.31 778.1 778.2 778.3 778.4 778.5 778.6 778.7 778.8 778.9 778.10 778.11 778.12
778.13 778.14
778.15 778.16 778.17 778.18 778.19 778.20 778.21 778.22 778.23 778.24 778.25 778.26 778.27
778.28 778.29 778.30 778.31 778.32 779.1 779.2 779.3 779.4 779.5 779.6 779.7 779.8 779.9 779.10 779.11 779.12 779.13 779.14 779.15 779.16 779.17 779.18 779.19 779.20 779.21 779.22 779.23 779.24 779.25 779.26 779.27 779.28 779.29
779.30
780.1 780.2
780.3 780.4 780.5 780.6 780.7 780.8 780.9 780.10 780.11 780.12 780.13 780.14 780.15 780.16 780.17 780.18 780.19
780.20 780.21 780.22 780.23 780.24 780.25 780.26 780.27 780.28 780.29 780.30 781.1 781.2 781.3 781.4 781.5 781.6 781.7 781.8 781.9 781.10 781.11 781.12 781.13 781.14 781.15 781.16 781.17 781.18 781.19 781.20 781.21 781.22 781.23 781.24 781.25 781.26 781.27 781.28 781.29 781.30 781.31 781.32 781.33 781.34 781.35 782.1 782.2 782.3 782.4 782.5 782.6 782.7 782.8 782.9 782.10 782.11 782.12 782.13 782.14 782.15 782.16 782.17 782.18 782.19 782.20 782.21 782.22 782.23 782.24 782.25 782.26 782.27 782.28 782.29 782.30 782.31 782.32 782.33 782.34 783.1 783.2 783.3 783.4 783.5 783.6 783.7 783.8 783.9 783.10 783.11 783.12 783.13 783.14 783.15 783.16 783.17 783.18 783.19 783.20 783.21 783.22 783.23 783.24 783.25 783.26 783.27 783.28 783.29 783.30 783.31 783.32 783.33 783.34 783.35 784.1 784.2 784.3 784.4 784.5 784.6 784.7 784.8 784.9 784.10 784.11 784.12 784.13 784.14 784.15 784.16 784.17 784.18 784.19 784.20 784.21 784.22 784.23 784.24 784.25 784.26 784.27 784.28 784.29 784.30 784.31 784.32 784.33 784.34 784.35 785.1 785.2 785.3 785.4 785.5 785.6 785.7 785.8 785.9
785.10 785.11 785.12 785.13 785.14 785.15 785.16 785.17 785.18 785.19 785.20 785.21 785.22 785.23 785.24 785.25 785.26 785.27 785.28 785.29 785.30 785.31 785.32 785.33 786.1 786.2 786.3 786.4 786.5 786.6 786.7 786.8 786.9 786.10 786.11 786.12 786.13 786.14 786.15 786.16 786.17 786.18 786.19 786.20 786.21 786.22 786.23 786.24 786.25 786.26 786.27 786.28 786.29 786.30 786.31 786.32 786.33 786.34 786.35 787.1 787.2 787.3 787.4 787.5 787.6 787.7 787.8 787.9 787.10 787.11 787.12 787.13 787.14 787.15 787.16 787.17 787.18 787.19 787.20 787.21 787.22 787.23 787.24 787.25 787.26 787.27 787.28 787.29 787.30 787.31 787.32 787.33 787.34 787.35 788.1 788.2 788.3 788.4 788.5 788.6 788.7 788.8 788.9 788.10 788.11 788.12 788.13 788.14 788.15 788.16 788.17 788.18 788.19 788.20 788.21 788.22 788.23 788.24 788.25 788.26
788.27 788.28 788.29 788.30 788.31 788.32 789.1 789.2 789.3 789.4 789.5 789.6 789.7 789.8 789.9 789.10 789.11 789.12 789.13 789.14 789.15 789.16 789.17 789.18 789.19 789.20 789.21 789.22 789.23 789.24 789.25 789.26 789.27 789.28 789.29
789.30 789.31 790.1 790.2 790.3 790.4 790.5 790.6 790.7 790.8 790.9 790.10
790.11 790.12 790.13 790.14 790.15 790.16 790.17 790.18 790.19 790.20 790.21 790.22 790.23 790.24 790.25 790.26 790.27 790.28 790.29 790.30 790.31 790.32 790.33 790.34 791.1 791.2 791.3 791.4 791.5 791.6 791.7 791.8 791.9 791.10 791.11 791.12 791.13 791.14 791.15 791.16 791.17 791.18 791.19 791.20 791.21 791.22 791.23 791.24 791.25 791.26 791.27 791.28 791.29 791.30 791.31 791.32 791.33 791.34 791.35 792.1 792.2 792.3 792.4 792.5 792.6 792.7 792.8 792.9 792.10 792.11 792.12 792.13 792.14 792.15 792.16 792.17 792.18 792.19 792.20 792.21 792.22 792.23 792.24 792.25 792.26 792.27 792.28 792.29 792.30 792.31 792.32 792.33 792.34 792.35 792.36 793.1 793.2 793.3 793.4 793.5 793.6 793.7 793.8 793.9 793.10 793.11 793.12 793.13 793.14 793.15 793.16 793.17 793.18 793.19 793.20 793.21 793.22 793.23 793.24 793.25 793.26 793.27 793.28 793.29 793.30 793.31 793.32 793.33 794.1 794.2 794.3 794.4 794.5 794.6 794.7 794.8 794.9 794.10 794.11 794.12 794.13 794.14 794.15 794.16 794.17 794.18 794.19 794.20 794.21 794.22 794.23 794.24 794.25 794.26 794.27 794.28 794.29 794.30 794.31 794.32 794.33 794.34 794.35 795.1 795.2 795.3 795.4 795.5 795.6 795.7 795.8 795.9 795.10 795.11 795.12 795.13 795.14 795.15 795.16 795.17 795.18 795.19 795.20 795.21 795.22 795.23 795.24 795.25 795.26 795.27 795.28 795.29 795.30 795.31 795.32 795.33 795.34 796.1 796.2 796.3 796.4 796.5 796.6 796.7 796.8 796.9 796.10 796.11 796.12 796.13 796.14 796.15 796.16 796.17 796.18 796.19 796.20 796.21 796.22 796.23 796.24 796.25 796.26 796.27 796.28 796.29 796.30 796.31 796.32 796.33
797.1 797.2 797.3 797.4 797.5 797.6 797.7 797.8 797.9 797.10 797.11 797.12 797.13 797.14 797.15 797.16 797.17 797.18 797.19 797.20 797.21 797.22 797.23 797.24 797.25 797.26 797.27 797.28 797.29 797.30 797.31 797.32 797.33 797.34 797.35 798.1 798.2 798.3 798.4 798.5 798.6 798.7 798.8 798.9
798.10 798.11 798.12 798.13 798.14 798.15 798.16 798.17 798.18 798.19
798.20 798.21 798.22 798.23 798.24 798.25 798.26 798.27 798.28 798.29 798.30 798.31
798.32
799.1 799.2 799.3
799.4 799.5
799.6 799.7
799.8 799.9 799.10 799.11 799.12 799.13 799.14 799.15 799.16 799.17 799.18 799.19 799.20 799.21 799.22 799.23 799.24 799.25 799.26 799.27 799.28 799.29 799.30 799.31 800.1 800.2 800.3 800.4 800.5 800.6 800.7 800.8 800.9 800.10 800.11 800.12 800.13 800.14 800.15 800.16 800.17 800.18 800.19 800.20 800.21 800.22 800.23 800.24 800.25 800.26 800.27 800.28 800.29
800.30
801.1 801.2 801.3 801.4 801.5 801.6
801.7
801.8 801.9 801.10 801.11 801.12 801.13 801.14 801.15 801.16 801.17 801.18 801.19 801.20 801.21 801.22 801.23 801.24 801.25 801.26 801.27 801.28 801.29 801.30 801.31 801.32 801.33 801.34 802.1 802.2 802.3 802.4 802.5 802.6 802.7 802.8 802.9 802.10 802.11 802.12 802.13 802.14 802.15 802.16 802.17 802.18 802.19 802.20 802.21 802.22 802.23 802.24 802.25 802.26 802.27 802.28 802.29 802.30 802.31 802.32 802.33 802.34 803.1 803.2 803.3 803.4 803.5 803.6 803.7 803.8 803.9 803.10 803.11 803.12 803.13 803.14 803.15 803.16 803.17 803.18 803.19 803.20 803.21 803.22 803.23 803.24 803.25 803.26 803.27 803.28 803.29 803.30 803.31 803.32 803.33 804.1 804.2 804.3 804.4 804.5 804.6 804.7 804.8 804.9 804.10 804.11 804.12 804.13 804.14 804.15 804.16 804.17 804.18 804.19 804.20 804.21 804.22 804.23 804.24 804.25 804.26 804.27 804.28 804.29 804.30 804.31 804.32 804.33 805.1 805.2 805.3 805.4 805.5 805.6 805.7 805.8 805.9 805.10 805.11 805.12 805.13 805.14 805.15 805.16 805.17 805.18 805.19 805.20 805.21 805.22 805.23 805.24 805.25 805.26 805.27 805.28 805.29 805.30 805.31 805.32 806.1 806.2 806.3 806.4 806.5 806.6 806.7 806.8 806.9 806.10
806.11 806.12 806.13 806.14 806.15 806.16 806.17 806.18 806.19 806.20 806.21 806.22 806.23 806.24 806.25 806.26 806.27 806.28 806.29 806.30 806.31 806.32 807.1 807.2 807.3 807.4 807.5 807.6 807.7 807.8 807.9 807.10 807.11 807.12 807.13 807.14 807.15 807.16 807.17 807.18 807.19 807.20
807.21
807.22 807.23 807.24 807.25 807.26 807.27 807.28 807.29 807.30 808.1 808.2 808.3 808.4 808.5 808.6 808.7 808.8 808.9 808.10 808.11 808.12 808.13 808.14 808.15 808.16 808.17 808.18 808.19 808.20 808.21 808.22 808.23 808.24 808.25 808.26 808.27 808.28 808.29 808.30 808.31 809.1 809.2 809.3 809.4 809.5 809.6 809.7 809.8 809.9 809.10 809.11 809.12 809.13 809.14 809.15 809.16 809.17 809.18 809.19 809.20 809.21 809.22 809.23 809.24 809.25 809.26 809.27 809.28 809.29 809.30 809.31 809.32 810.1 810.2 810.3 810.4 810.5 810.6 810.7 810.8 810.9 810.10 810.11 810.12 810.13 810.14 810.15 810.16 810.17 810.18 810.19 810.20 810.21 810.22 810.23 810.24 810.25
810.26
810.27 810.28 810.29 810.30 810.31 810.32 811.1 811.2 811.3 811.4 811.5 811.6 811.7 811.8 811.9 811.10 811.11 811.12 811.13 811.14 811.15 811.16 811.17 811.18 811.19 811.20 811.21 811.22 811.23 811.24 811.25 811.26 811.27 811.28 811.29 811.30 812.1 812.2 812.3 812.4 812.5 812.6 812.7 812.8
812.9 812.10 812.11 812.12 812.13 812.14 812.15 812.16 812.17 812.18 812.19 812.20 812.21 812.22 812.23 812.24 812.25 812.26 812.27 812.28 812.29
813.1 813.2 813.3 813.4 813.5 813.6 813.7 813.8 813.9 813.10 813.11 813.12 813.13 813.14 813.15 813.16
813.17 813.18 813.19 813.20 813.21 813.22 813.23 813.24 813.25 813.26 813.27 813.28 813.29 813.30 813.31 813.32 814.1 814.2 814.3 814.4 814.5 814.6 814.7 814.8 814.9 814.10 814.11 814.12 814.13 814.14 814.15 814.16 814.17 814.18 814.19 814.20 814.21 814.22 814.23 814.24 814.25 814.26 814.27 814.28 814.29 814.30 814.31 814.32 815.1 815.2 815.3 815.4 815.5 815.6 815.7 815.8 815.9 815.10 815.11 815.12 815.13 815.14 815.15 815.16 815.17 815.18 815.19 815.20 815.21 815.22 815.23 815.24 815.25 815.26 815.27 815.28 815.29
816.1 816.2
816.3 816.4 816.5 816.6 816.7 816.8 816.9 816.10 816.11 816.12 816.13 816.14 816.15 816.16 816.17 816.18
816.19
816.20 816.21 816.22 816.23 816.24 816.25 816.26 816.27 816.28 816.29 816.30 816.31 817.1 817.2 817.3 817.4 817.5 817.6 817.7 817.8 817.9 817.10
817.11
817.12 817.13 817.14 817.15 817.16 817.17 817.18 817.19 817.20 817.21 817.22 817.23 817.24 817.25 817.26 817.27 817.28 817.29 817.30 817.31 817.32 817.33 818.1 818.2
818.3 818.4 818.5 818.6 818.7 818.8 818.9 818.10 818.11 818.12 818.13 818.14 818.15 818.16 818.17 818.18
818.19
818.20 818.21 818.22 818.23 818.24 818.25 818.26 818.27 818.28 818.29 818.30 818.31 818.32 819.1 819.2 819.3 819.4 819.5 819.6
819.7 819.8
819.9 819.10 819.11 819.12 819.13 819.14 819.15 819.16 819.17 819.18 819.19 819.20 819.21 819.22 819.23 819.24 819.25 819.26 819.27 819.28 819.29 819.30 819.31 820.1 820.2 820.3 820.4 820.5 820.6 820.7
820.8
820.9 820.10 820.11 820.12 820.13 820.14 820.15 820.16 820.17 820.18 820.19 820.20 820.21 820.22 820.23 820.24 820.25 820.26 820.27
820.28
820.29 820.30 820.31 820.32 821.1 821.2 821.3 821.4 821.5 821.6 821.7 821.8 821.9 821.10 821.11 821.12 821.13 821.14 821.15 821.16 821.17 821.18
821.19
821.20 821.21 821.22 821.23 821.24 821.25 821.26 821.27 821.28 821.29 821.30 821.31 822.1 822.2 822.3 822.4 822.5 822.6 822.7 822.8 822.9 822.10 822.11 822.12 822.13 822.14 822.15 822.16 822.17 822.18
822.19
822.20 822.21 822.22 822.23 822.24 822.25 822.26 822.27 822.28 822.29 822.30
822.31
823.1 823.2 823.3 823.4 823.5
823.6
823.7 823.8 823.9 823.10 823.11 823.12 823.13 823.14 823.15 823.16 823.17 823.18 823.19 823.20 823.21 823.22 823.23 823.24 823.25 823.26 823.27 823.28 823.29 823.30 823.31 824.1 824.2 824.3 824.4 824.5 824.6 824.7 824.8 824.9 824.10 824.11 824.12 824.13 824.14 824.15 824.16 824.17 824.18 824.19 824.20 824.21
824.22
824.23 824.24 824.25 824.26 824.27 824.28 824.29 824.30 824.31 824.32 824.33 825.1 825.2 825.3 825.4 825.5 825.6 825.7 825.8 825.9 825.10 825.11 825.12 825.13 825.14 825.15 825.16 825.17 825.18 825.19 825.20 825.21 825.22
825.23
825.24 825.25 825.26 825.27 825.28 825.29 825.30 825.31 825.32 825.33 826.1 826.2 826.3 826.4 826.5 826.6 826.7 826.8 826.9 826.10 826.11 826.12 826.13 826.14
826.15
826.16 826.17 826.18 826.19 826.20 826.21 826.22 826.23 826.24 826.25 826.26 826.27 826.28
826.29
827.1 827.2 827.3 827.4 827.5 827.6 827.7 827.8 827.9 827.10
827.11
827.12 827.13 827.14 827.15 827.16 827.17 827.18 827.19 827.20 827.21 827.22 827.23 827.24 827.25 827.26
827.27
827.28 827.29 827.30 827.31 827.32 828.1 828.2 828.3 828.4
828.5 828.6 828.7 828.8 828.9 828.10
828.11 828.12 828.13 828.14 828.15 828.16 828.17 828.18 828.19 828.20 828.21 828.22 828.23 828.24 828.25 828.26 828.27 828.28
828.29 828.30 828.31 828.32 829.2 829.1 829.4 829.3 829.5 829.6 829.7 829.8
829.9
829.10 829.11 829.12 829.13 829.14 829.16 829.15 829.18 829.17 829.19 829.20 829.21 829.22 829.23 829.24 829.25 829.26 829.27 829.28 829.29 829.30 829.31 829.32 829.33 829.34 830.1 830.2 830.3 830.4 830.5 830.6 830.7 830.8 830.9 830.10 830.11 830.12 830.13 830.14
830.15
830.16 830.17 830.18 830.19 830.20 830.21 830.22 830.23 830.24 830.25 830.26 830.27 830.28 830.29 830.30 830.31 830.32 830.33 831.1 831.2 831.3 831.4 831.5 831.6 831.7 831.8 831.9 831.10
831.11
831.12 831.13 831.14 831.15 831.16 831.17 831.18 831.19 831.20 831.21 831.22 831.23 831.24 831.25 831.26 831.27 831.28 831.29 831.30 832.1 832.2 832.3
832.4 832.5 832.6 832.7 832.8 832.9 832.10 832.11 832.12 832.13 832.14 832.15 832.16 832.17 832.18 832.19 832.20 832.21 832.22 832.23 832.24 832.25 832.26 832.27 832.28 832.29 832.30 833.1 833.2 833.3 833.4 833.5 833.6 833.7 833.8 833.9 833.10 833.11 833.12 833.13 833.14 833.15 833.16 833.17 833.18 833.19 833.20 833.21 833.22 833.23 833.24 833.25 833.26 833.27 833.28 833.29 833.30 834.1 834.2
834.3
834.4 834.5 834.6 834.7 834.8 834.9 834.10 834.11 834.12 834.13 834.14 834.15 834.16 834.17 834.18 834.19 834.20 834.21 834.22 834.23 834.24 834.25 834.26 834.27 834.28 834.29 834.30 834.31 835.1 835.2
835.3 835.4 835.5 835.6 835.7
835.8 835.9 835.10 835.11 835.12
835.13 835.14
835.15 835.16
835.17 835.18 835.19 835.20 835.21 835.22 835.23 835.24 835.25 835.26 835.27 835.28 835.29 835.30 836.1 836.2 836.3 836.4 836.5 836.6 836.7 836.8 836.9 836.10 836.11 836.12 836.13 836.14 836.15 836.16 836.17 836.18 836.19
836.20
836.21 836.22 836.23 836.24 836.25 836.26 836.27 836.28 836.29 836.30 836.31 836.32 836.33 837.1 837.2 837.3 837.4 837.5 837.6 837.7 837.8 837.9 837.10 837.11 837.12 837.13 837.14 837.15 837.16 837.17 837.18 837.19 837.20 837.21 837.22 837.23 837.24
837.25
837.26 837.27 837.28 837.29 837.30 837.31 838.1 838.2 838.3 838.4 838.5 838.6 838.7 838.8 838.9 838.10 838.11 838.12 838.13 838.14 838.15 838.16 838.17 838.18 838.19 838.20 838.21 838.22 838.23 838.24 838.25 838.26 838.27 838.28 838.29 838.30 838.31 838.32 838.33 838.34 839.1 839.2 839.3 839.4 839.5 839.6 839.7 839.8 839.9 839.10 839.11
839.12 839.13 839.14 839.15 839.16 839.17 839.18 839.19 839.20 839.21 839.22 839.23 839.24 839.25 839.26 839.27 839.28 839.29 839.30 839.31 839.32 840.1
840.2 840.3 840.4 840.5 840.6 840.7 840.8 840.9 840.10 840.11 840.12 840.13 840.14 840.15 840.16 840.17 840.18 840.19 840.20 840.21 840.22 840.23 840.24 840.25 840.26 840.27 840.28 840.29
841.1 841.2 841.3 841.4 841.5 841.6 841.7 841.8 841.9 841.10 841.11 841.12 841.13 841.14 841.15 841.16 841.17 841.18
841.19 841.20 841.21 841.22 841.23 841.24 841.25 841.26 841.27 841.28 841.29 841.30 841.31 842.1 842.2 842.3 842.4 842.5 842.6 842.7 842.8 842.9 842.10 842.11 842.12 842.13 842.14 842.15 842.16 842.17
842.18 842.19 842.20 842.21 842.22 842.23 842.24 842.25 842.26 842.27 842.28 842.29 842.30 842.31 842.32 842.33 843.1 843.2
843.3 843.4 843.5 843.6 843.7 843.8 843.9 843.10 843.11 843.12 843.13 843.14 843.15 843.16 843.17 843.18 843.19 843.20 843.21 843.22 843.23 843.24 843.25 843.26 843.27 843.28 843.29 843.30 843.31
844.1 844.2 844.3 844.4 844.5 844.6 844.7 844.8 844.9 844.10 844.11 844.12 844.13 844.14 844.15 844.16 844.17 844.18 844.19 844.20 844.21 844.22 844.23 844.24 844.25 844.26 844.27 844.28 844.29 844.30 844.31 845.1 845.2 845.3 845.4 845.5 845.6 845.7 845.8 845.9 845.10 845.11 845.12 845.13 845.14 845.15 845.16 845.17 845.18 845.19 845.20 845.21 845.22 845.23 845.24 845.25 845.26 845.27 845.28 845.29 845.30 845.31 845.32 845.33 846.1 846.2 846.3 846.4 846.5 846.6 846.7 846.8 846.9 846.10 846.11 846.12 846.13 846.14 846.15 846.16 846.17 846.18 846.19 846.20 846.21 846.22 846.23 846.24 846.25 846.26 846.27 846.28 846.29 846.30 846.31 846.32 847.1 847.2 847.3 847.4 847.5
847.6 847.7
847.8 847.9 847.10 847.11 847.12 847.13 847.14 847.15 847.16 847.17 847.18 847.19 847.20 847.21 847.22 847.23 847.24 847.25 847.26 847.27 847.28 847.29 847.30 847.31 847.32 847.33 848.1 848.2
848.3 848.4 848.5 848.6 848.7 848.8 848.9 848.10 848.11 848.12 848.13 848.14 848.15 848.16 848.17 848.18 848.19 848.20 848.21 848.22 848.23 848.24 848.25 848.26 848.27 848.28 848.29 848.30 848.31 848.32 849.1 849.2 849.3 849.4 849.5 849.6 849.7 849.8 849.9 849.10 849.11 849.12 849.13 849.14 849.15 849.16 849.17 849.18 849.19 849.20 849.21 849.22 849.23 849.24 849.25 849.26 849.27 849.28 849.29 849.30 849.31 850.1 850.2 850.3 850.4 850.5 850.6 850.7 850.8
850.9 850.10 850.11 850.12 850.13 850.14 850.15 850.16 850.17 850.18
850.19
850.20 850.21 850.22 850.23 850.24 850.25 850.26 850.27 850.28
851.1 851.2 851.3 851.4 851.5 851.6 851.7 851.8 851.9 851.10 851.11 851.12 851.13 851.14 851.15 851.16 851.17 851.18 851.19 851.20 851.21 851.22 851.23 851.24 851.25 851.26 851.27 851.28 851.29 851.30 851.31 851.32 851.33 851.34 852.1 852.2 852.3 852.4 852.5 852.6 852.7 852.8 852.9 852.10 852.11 852.12 852.13 852.14 852.15 852.16 852.17 852.18 852.19 852.20 852.21 852.22 852.23 852.24 852.25 852.26 852.27 852.28 852.29 852.30 852.31 852.32 852.33 853.1 853.2 853.3 853.4 853.5 853.6 853.7 853.8 853.9 853.10 853.11 853.12 853.13 853.14 853.15 853.16 853.17 853.18 853.19 853.20 853.21 853.22 853.23 853.24 853.25 853.26 853.27 853.28 853.29 853.30 853.31 853.32 853.33 853.34 853.35 854.1 854.2 854.3 854.4 854.5 854.6 854.7 854.8 854.9 854.10 854.11 854.12 854.13 854.14 854.15 854.16 854.17 854.18 854.19 854.20 854.21 854.22 854.23 854.24 854.25 854.26 854.27 854.28 854.29 854.30 854.31 854.32 854.33 854.34 855.1 855.2 855.3 855.4 855.5 855.6 855.7 855.8 855.9 855.10 855.11 855.12 855.13 855.14 855.15 855.16 855.17 855.18 855.19 855.20 855.21 855.22 855.23 855.24 855.25 855.26 855.27 855.28 855.29 855.30 855.31 855.32 856.1 856.2
856.3 856.4
856.5 856.6 856.7 856.8 856.9 856.10 856.11 856.12 856.13 856.14 856.15 856.16 856.17 856.18 856.19 856.20 856.21 856.22 856.23 856.24 856.25 856.26 856.27 856.28 856.29 856.30 856.31 856.32 856.33 857.1 857.2 857.3 857.4 857.5 857.6 857.7 857.8 857.9 857.10 857.11 857.12 857.13 857.14 857.15 857.16 857.17 857.18 857.19 857.20 857.21 857.22 857.23 857.24 857.25 857.26 857.27 857.28 857.29 857.30 857.31 857.32 857.33 857.34 858.1 858.2 858.3 858.4 858.5 858.6 858.7 858.8 858.9 858.10 858.11 858.12 858.13 858.14 858.15 858.16 858.17 858.18 858.19 858.20 858.21 858.22 858.23 858.24 858.25 858.26 858.27 858.28 858.29 858.30 858.31 858.32 858.33 859.1 859.2 859.3 859.4 859.5 859.6 859.7 859.8
859.9 859.10 859.11 859.12 859.13 859.14 859.15 859.16 859.17 859.18 859.19 859.20 859.21 859.22 859.23 859.24 859.25 859.26 859.27 859.28 859.29 859.30 859.31 859.32
860.1 860.2 860.3 860.4 860.5 860.6 860.7 860.8 860.9 860.10 860.11 860.12 860.13 860.14 860.15 860.16 860.17 860.18 860.19 860.20 860.21 860.22 860.23 860.24 860.25 860.26 860.27 860.28 860.29 861.1 861.2 861.3 861.4 861.5 861.6 861.7 861.8 861.9 861.10 861.11 861.12 861.13 861.14 861.15 861.16 861.17 861.18 861.19 861.20 861.21 861.22 861.23 861.24 861.25
861.26 861.27 861.28 861.29 861.30 861.31 861.32 862.1 862.2 862.3 862.4 862.5 862.6 862.7
862.8 862.9 862.10 862.11 862.12 862.13 862.14
862.15 862.16 862.17 862.18 862.19 862.20 862.21 862.22 862.23 862.24 862.25 862.26 862.27 862.28 862.29 862.30 862.31
863.1 863.2 863.3 863.4 863.5 863.6 863.7 863.8 863.9 863.10 863.11 863.12 863.13 863.14 863.15 863.16 863.17 863.18 863.19 863.20 863.21 863.22 863.23
863.24 863.25 863.26 863.27 863.28 863.29 863.30 863.31 863.32 863.33 864.1 864.2 864.3 864.4 864.5 864.6 864.7
864.8 864.9 864.10 864.11 864.12 864.13 864.14
864.15
864.16 864.17 864.18 864.19 864.20 864.21 864.22 864.23 864.24 864.25 864.26 864.27 864.28 864.29 864.30 865.1 865.2 865.3 865.4 865.5 865.6 865.7 865.8 865.9 865.10 865.11
865.12
865.13 865.14 865.15 865.16 865.17 865.18
865.19
865.20 865.21 865.22 865.23 865.24 865.25 865.26 865.27 865.28 865.29 865.30 865.31 866.1 866.2 866.3 866.4 866.5 866.6 866.7 866.8 866.9 866.10 866.11 866.12
866.13
866.14 866.15 866.16 866.17 866.18 866.19 866.20 866.21 866.22 866.23 866.24 866.25 866.26 866.27 866.28 866.29
866.30
867.1 867.2 867.3 867.4 867.5 867.6 867.7 867.8 867.9
867.10
867.11 867.12 867.13 867.14 867.15 867.16 867.17 867.18 867.19 867.20 867.21 867.22 867.23 867.24 867.25 867.26 867.27 867.28 867.29
867.30
868.1 868.2 868.3 868.4 868.5 868.6 868.7 868.8 868.9 868.10 868.11 868.12 868.13 868.14 868.15 868.16 868.17 868.18 868.19 868.20 868.21 868.22
868.23
868.24 868.25 868.26 868.27 868.28 868.29 868.30 868.31 868.32 869.1 869.2 869.3 869.4 869.5 869.6 869.7 869.8 869.9 869.10 869.11 869.12 869.13 869.14 869.15 869.16 869.17 869.18 869.19 869.20 869.21 869.22 869.23 869.24 869.25
869.26
869.27 869.28 869.29 869.30 869.31 869.32 870.1 870.2 870.3 870.4 870.5 870.6 870.7 870.8 870.9 870.10 870.11 870.12 870.13 870.14 870.15 870.16 870.17 870.18 870.19 870.20 870.21 870.22 870.23 870.24 870.25 870.26 870.27 870.28 870.29 870.30 870.31 870.32 871.1 871.2 871.3 871.4 871.5 871.6 871.7 871.8 871.9 871.10 871.11 871.12 871.13 871.14 871.15 871.16 871.17 871.18 871.19 871.20 871.21 871.22 871.23 871.24 871.25 871.26 871.27 871.28 871.29
871.30
872.1 872.2 872.3 872.4 872.5 872.6 872.7
872.8
872.9 872.10 872.11 872.12 872.13 872.14
872.15 872.16 872.17 872.18 872.19 872.20 872.21 872.22 872.23 872.24 872.25 872.26 872.27 872.28 872.29 872.30 872.31 872.32 873.1 873.2 873.3 873.4 873.5 873.6 873.7 873.8 873.9
873.10 873.11 873.12 873.13 873.14 873.15 873.16 873.17 873.18 873.19 873.20
873.21 873.22 873.23 873.24 873.25 873.26 873.27 873.28 873.29 873.30 873.31 873.32 873.33 874.1 874.2 874.3 874.4 874.5 874.6 874.7 874.8 874.9 874.10 874.11 874.12
874.13
874.14 874.15 874.16 874.17 874.18
874.19 874.20 874.21 874.22 874.23 874.24 874.25 874.26 874.27 874.28 874.29 874.30 875.1 875.2 875.3 875.4 875.5 875.6 875.7 875.8 875.9 875.10 875.11 875.12 875.13 875.14 875.15 875.16 875.17 875.18 875.19 875.20 875.21 875.22 875.23 875.24 875.25 875.26 875.27 875.28 875.29 875.30 875.31 875.32 875.33 876.1 876.2 876.3 876.4
876.5 876.6 876.7 876.8 876.9 876.10 876.11 876.12 876.13 876.14 876.15 876.16 876.17 876.18 876.19 876.20 876.21 876.22 876.23 876.24 876.25 876.26 876.27 876.28 876.29 876.30 877.1 877.2 877.3 877.4 877.5 877.6 877.7 877.8 877.9 877.10 877.11 877.12 877.13 877.14 877.15 877.16 877.17 877.18 877.19 877.20 877.21 877.22 877.23 877.24 877.25 877.26 877.27 877.28 877.29 877.30 877.31 877.32 877.33 877.34 878.1 878.2 878.3 878.4 878.5 878.6 878.7 878.8 878.9 878.10 878.11 878.12 878.13 878.14 878.15 878.16 878.17 878.18 878.19 878.20 878.21 878.22 878.23 878.24 878.25 878.26 878.27 878.28 878.29 878.30 878.31 878.32 879.1 879.2 879.3 879.4 879.5 879.6 879.7 879.8 879.9 879.10 879.11 879.12 879.13 879.14 879.15 879.16 879.17 879.18 879.19 879.20 879.21 879.22 879.23 879.24 879.25 879.26 879.27 879.28 879.29 879.30 879.31 879.32 880.1 880.2 880.3 880.4 880.5 880.6 880.7 880.8 880.9 880.10 880.11 880.12 880.13 880.14 880.15 880.16 880.17 880.18 880.19 880.20 880.21 880.22 880.23 880.24 880.25 880.26 880.27 880.28 880.29 880.30 880.31 880.32 880.33 881.1 881.2 881.3 881.4 881.5 881.6 881.7 881.8 881.9 881.10 881.11 881.12 881.13 881.14 881.15 881.16 881.17 881.18 881.19 881.20 881.21 881.22 881.23 881.24 881.25 881.26 881.27 881.28 881.29 881.30 882.1 882.2 882.3 882.4 882.5 882.6 882.7 882.8 882.9 882.10 882.11 882.12 882.13 882.14 882.15 882.16 882.17 882.18 882.19 882.20 882.21 882.22 882.23 882.24 882.25
882.26
882.27 882.28 882.29 882.30 882.31 882.32 882.33 883.1 883.2 883.3 883.4 883.5 883.6 883.7 883.8 883.9 883.10 883.11 883.12 883.13 883.14 883.15 883.16 883.17 883.18 883.19 883.20 883.21 883.22 883.23 883.24 883.25
883.26 883.27 883.28 883.30 883.29 883.31 883.32 884.1 884.2 884.3
884.4
884.5 884.6 884.7 884.8 884.9 884.11 884.10 884.12 884.13 884.14 884.15 884.16 884.17 884.18 884.19 884.20 884.21
884.22 884.23 884.24 884.25 884.26 884.27 884.28 884.29 884.30 884.31 885.1 885.2 885.3 885.4 885.5 885.6 885.7 885.8 885.9 885.10 885.11 885.12 885.13 885.14 885.15
885.16
885.17 885.18 885.19 885.20 885.21 885.22 885.23 885.24 885.25 885.26 885.27 885.28 885.29 885.30 885.31 885.32 885.33 886.1 886.2 886.3 886.4 886.5 886.6 886.7 886.8 886.9 886.10 886.11 886.12 886.13 886.14 886.15 886.16
886.17 886.18 886.19 886.20 886.21 886.22 886.23 886.24 886.25 886.26 886.27 886.28 886.29 886.30 886.31 886.32 887.1 887.2 887.3 887.4 887.5 887.6 887.7 887.8 887.9 887.10 887.11 887.12 887.13 887.14 887.15 887.16 887.17 887.18 887.19 887.20 887.21 887.22 887.23 887.24 887.25 887.26 887.27 887.28 887.29 887.30 887.31 887.32 888.1 888.2 888.3 888.4 888.5 888.6 888.7 888.8
888.9 888.10 888.11 888.12 888.13 888.14 888.15 888.16 888.17 888.18 888.19 888.20 888.21 888.22 888.23 888.24 888.25 888.26 888.27 888.28 888.29 888.30 888.31 888.32 888.33 888.34 888.35 889.1 889.2 889.3 889.4 889.5 889.6 889.7 889.8 889.9 889.10 889.11 889.12 889.13 889.14 889.15 889.16 889.17 889.18 889.19
889.20
889.21 889.22 889.23
889.24 889.25
889.26 889.27
889.28 889.29 889.30 889.31 889.32 890.1 890.2 890.3 890.4 890.5 890.6 890.7 890.8 890.9 890.10 890.11 890.12 890.13 890.14 890.15 890.16 890.17 890.18 890.19 890.20 890.21 890.22 890.23 890.24
890.25
890.26 890.27 890.28 890.29 890.30
891.1 891.2 891.3 891.4 891.5 891.6 891.7 891.8 891.9
891.10
891.11 891.12 891.13 891.14 891.15 891.16 891.17 891.18 891.19 891.20 891.21 891.22 891.23 891.24 891.25 891.26 891.27 891.28 891.29 891.30 891.31 891.32
892.1
892.2 892.3 892.4 892.5 892.6 892.7 892.8 892.9 892.10 892.11 892.12 892.13 892.14 892.15 892.16 892.17 892.18 892.19
892.20 892.21 892.22 892.23 892.24 892.25 892.26 892.27
892.28
892.29 892.30 892.31 892.32 893.1 893.2 893.3 893.4 893.5 893.6 893.7 893.8 893.9 893.10 893.11 893.12 893.13 893.14 893.15 893.16 893.17 893.18 893.19 893.20 893.21 893.22 893.23 893.24 893.25 893.26 893.27 893.28 893.29 893.30 894.1 894.2 894.3 894.4 894.5 894.6 894.7 894.8 894.9 894.10 894.11 894.12 894.13 894.14 894.15 894.16 894.17 894.18 894.19 894.20 894.21 894.22 894.23 894.24 894.25 894.26 894.27 894.28 894.29 894.30 894.31 894.32 894.33 895.1 895.2 895.3 895.4 895.5 895.6 895.7 895.8 895.9 895.10 895.11 895.12 895.13 895.14 895.15 895.16 895.17 895.18 895.19 895.20 895.21 895.22
895.23
895.24 895.25 895.26 895.27 895.28 895.29 895.30 895.31 895.32 895.33 896.1 896.2 896.3 896.4 896.5 896.6 896.7 896.8 896.9 896.10 896.11 896.12 896.13 896.14 896.15 896.16 896.17 896.18 896.19 896.20 896.21 896.22 896.23 896.24 896.25 896.26 896.27 896.28 896.29 896.30 896.31 896.32 896.33 896.34 896.35 897.1 897.2 897.3 897.4 897.5 897.6 897.7 897.8 897.9 897.10 897.11 897.12 897.13
897.14
897.15 897.16 897.17 897.18 897.19 897.20 897.21 897.22 897.23 897.24 897.25 897.26 897.27 897.28 897.29 897.30 897.31 898.1 898.2 898.3 898.4 898.5 898.6 898.7 898.8 898.9 898.10 898.11 898.12 898.13 898.14 898.15 898.16 898.17 898.18 898.19 898.20 898.21 898.22 898.23 898.24 898.25 898.26 898.27 898.28 898.29 898.30 898.31 898.32 899.1 899.2 899.3 899.4 899.5 899.6 899.7 899.8 899.9 899.10 899.11 899.12 899.13 899.14 899.15 899.16 899.17 899.18 899.19 899.20 899.21 899.22 899.23 899.24 899.25
899.26
899.27 899.28 899.29 899.30 899.31 899.32 900.1 900.2 900.3 900.4 900.5 900.6 900.7 900.8 900.9 900.10 900.11 900.12 900.13 900.14 900.15 900.16 900.17 900.18 900.19 900.20 900.21 900.22 900.23 900.24 900.25 900.26 900.27 900.28 900.29 900.30 901.1 901.2 901.3 901.4 901.5 901.6 901.7 901.8 901.9 901.10 901.11 901.12 901.13 901.14 901.15 901.16 901.17 901.18 901.19 901.20 901.21 901.22 901.23 901.24 901.25
901.26
901.27 901.28 901.29 901.30 901.31 901.32 901.33 902.1 902.2 902.3 902.4
902.5 902.6 902.7 902.8 902.9 902.10 902.11
902.12
902.13 902.14 902.15 902.16 902.17 902.18 902.19 902.20 902.21 902.22 902.23 902.24 902.25 902.26 902.27 902.28 902.29 902.30 902.31 902.32 903.1 903.2 903.3 903.4 903.5 903.6 903.7 903.8 903.9 903.10 903.11 903.12 903.13 903.14 903.15 903.16 903.17 903.18 903.19 903.20 903.21 903.22 903.23 903.24 903.25 903.26 903.27 903.28 903.29 903.30 903.31 903.32 903.33 903.34 904.1 904.2 904.3 904.4 904.5 904.6 904.7 904.8 904.9 904.10 904.11 904.12 904.13 904.14 904.15 904.16 904.17 904.18 904.19 904.20 904.21 904.22 904.23 904.24 904.25 904.26 904.27 904.28
904.29
904.30 904.31 904.32 904.33 904.34 905.1 905.2 905.3 905.4 905.5 905.6 905.7 905.8 905.9 905.10 905.11 905.12 905.13
905.14
905.15 905.16 905.17 905.18 905.19 905.20 905.21 905.22 905.23 905.24
905.25 905.26 905.27 905.28 905.29 905.30 905.31
906.1 906.2 906.3 906.4 906.5 906.6 906.7 906.8 906.9 906.10 906.11 906.12 906.13 906.14
906.15 906.16 906.17 906.18 906.19 906.20 906.21 906.22 906.23 906.24 906.25 906.26 906.27 906.28 906.29 906.30 906.31 906.32 907.1 907.2 907.3 907.4 907.5 907.6 907.7 907.8 907.9 907.10 907.11 907.12 907.13 907.14 907.15 907.16 907.17 907.18 907.19
907.20
907.21 907.22 907.23 907.24 907.25 907.26 907.27 907.28 907.29 907.30 907.31 907.32 907.33 907.34 908.1 908.2 908.3 908.4 908.5 908.6 908.7 908.8 908.9 908.10 908.11 908.12 908.13 908.14 908.15 908.16 908.17 908.18 908.19 908.20 908.21 908.22 908.23 908.24 908.25 908.26 908.27 908.28 908.29 908.30 908.31 908.32 908.33 908.34 909.1 909.2 909.3 909.4 909.5 909.6 909.7 909.8 909.9 909.10 909.11 909.12 909.13 909.14 909.15 909.16 909.17 909.18 909.19 909.20 909.21 909.22 909.23 909.24 909.25 909.26 909.27 909.28 909.29 909.30 909.31 909.32 909.33 909.34 909.35 910.1 910.2 910.3 910.4 910.5 910.6 910.7 910.8 910.9 910.10 910.11 910.12 910.13 910.14 910.15 910.16 910.17 910.18 910.19 910.20 910.21 910.22 910.23 910.24 910.25 910.26 910.27 910.28 910.29 910.30 910.31 910.32 910.33 910.34 910.35 911.1 911.2 911.3 911.4 911.5 911.6 911.7 911.8 911.9 911.10 911.11 911.12 911.13 911.14 911.15 911.16 911.17 911.18 911.19 911.20 911.21 911.22 911.23 911.24 911.25 911.26 911.27 911.28 911.29 911.30 911.31 911.32 911.33 911.34 911.35 912.1 912.2 912.3 912.4 912.5 912.6 912.7 912.8 912.9 912.10 912.11 912.12 912.13 912.14 912.15 912.16 912.17 912.18 912.19 912.20 912.21 912.22 912.23 912.24 912.25 912.26 912.27 912.28 912.29 912.30 912.31 912.32 912.33 912.34 913.1 913.2 913.3 913.4 913.5 913.6 913.7 913.8 913.9 913.10 913.11 913.12 913.13 913.14 913.15 913.16 913.17 913.18 913.19 913.20 913.21 913.22 913.23 913.24 913.25 913.26 913.27 913.28 913.29 913.30 913.31 913.32 913.33 914.1 914.2 914.3 914.4 914.5 914.6 914.7 914.8
914.9
914.10 914.11 914.12 914.13 914.14 914.15 914.16 914.17 914.18 914.19 914.20 914.21 914.22 914.23 914.24 914.25 914.26 914.27 914.28 914.29 914.30 914.31 914.32 914.33 915.1 915.2 915.3 915.4 915.5 915.6 915.7 915.8 915.9 915.10 915.11 915.12 915.13 915.14 915.15 915.16 915.17 915.18 915.19 915.20 915.21 915.22 915.23 915.24 915.25 915.26 915.27 915.28 915.29 915.30 915.31 915.32 915.33 916.1 916.2 916.3 916.4 916.5 916.6 916.7 916.8 916.9 916.10 916.11 916.12 916.13 916.14 916.15 916.16 916.17 916.18 916.19 916.20
916.21
916.22 916.23 916.24 916.25 916.26 916.27 916.28 916.29 916.30 916.31 916.32 916.33 917.1 917.2
917.3
917.4 917.5
917.6
917.7 917.8
917.9
917.10 917.11
917.12
917.13 917.14
917.15
917.16 917.17
917.18
917.19 917.20
917.21
917.22 917.23
917.24
918.1 918.2
918.3
918.4 918.5
918.6
918.7 918.8
918.9
918.10 918.11
918.12
918.13 918.14
918.15
918.16 918.17
918.18
918.19 918.20
918.21
918.22 918.23 918.24 918.25 918.26 919.1 919.2 919.3
919.4 919.5 919.6 919.7 919.8 919.9 919.10 919.11 919.12 919.13 919.14 919.15 919.16
919.17
919.18 919.19 919.20 919.21 919.22 919.23
919.24
919.25 919.26 919.27 919.28 919.29 919.30 919.31 920.1 920.2 920.3 920.4 920.5 920.6 920.7 920.8 920.9 920.10 920.11 920.12 920.13 920.14 920.15 920.16 920.17 920.18 920.19 920.20 920.21 920.22 920.23 920.24 920.25 920.26 920.27 920.28 920.29 920.30 920.31 920.32 920.33 921.1 921.2 921.3 921.4 921.5 921.6 921.7 921.8 921.9 921.10 921.11 921.12 921.13 921.14 921.15 921.16 921.17 921.18 921.19 921.20 921.21 921.22 921.23 921.24 921.25 921.26 921.27 921.28 921.29 921.30 921.31 921.32 921.33 922.1 922.2 922.3 922.4 922.5 922.6 922.7 922.8 922.9 922.10 922.11 922.12 922.13
922.14 922.15 922.16 922.17 922.18 922.19 922.20 922.21 922.22 922.23 922.24 922.25 922.26 922.27 922.28 922.29 922.30 922.31 923.1 923.2 923.3 923.4 923.5 923.6 923.7 923.8 923.9 923.10 923.11 923.12 923.13 923.14 923.15 923.16 923.17 923.18 923.19 923.20 923.21 923.22 923.23 923.24 923.25 923.26 923.27 923.28 923.29 923.30
924.1 924.2 924.3 924.4 924.5 924.6 924.7 924.8 924.9 924.10 924.11 924.12 924.13 924.14 924.15 924.16 924.17 924.18 924.19 924.20 924.21 924.22 924.23 924.24 924.25 924.26 924.27 924.28 924.29 924.30 925.1 925.2 925.3 925.4 925.5 925.6 925.7 925.8 925.9 925.10 925.11 925.12 925.13 925.14 925.15 925.16 925.17 925.18 925.19 925.20
925.21 925.22 925.23 925.24 925.25 925.26 925.27 925.28 925.29 925.30 925.31 925.32 926.1 926.2 926.3 926.4 926.5 926.6 926.7 926.8 926.9 926.10 926.11 926.12 926.13 926.14 926.15 926.16 926.17 926.18 926.19 926.20 926.21 926.22 926.23 926.24 926.25 926.26 926.27 926.28 926.29 926.30 926.31 926.32 927.1 927.2 927.3 927.4 927.5 927.6 927.7 927.8 927.9 927.10 927.11 927.12
927.13 927.14 927.15 927.16 927.17 927.18 927.19 927.20 927.21 927.22 927.23 927.24 927.25 927.26 927.27 927.28 927.29 927.30 927.31 927.32 928.1 928.2 928.3 928.4 928.5 928.6 928.7 928.8 928.9 928.10 928.11 928.12 928.13 928.14 928.15 928.16 928.17 928.18 928.19 928.20 928.21 928.22 928.23 928.24 928.25 928.26 928.27 928.28 928.29 928.30 928.31 928.32 928.33 929.1 929.2 929.3 929.4 929.5 929.6
929.7 929.8 929.9 929.10 929.11 929.12 929.13 929.14 929.15 929.16 929.17 929.18 929.19 929.20 929.21 929.22 929.23 929.24 929.25 929.26 929.27 929.28 929.29 929.30 930.1 930.2
930.3 930.4 930.5 930.6 930.7 930.8 930.9 930.10 930.11 930.12 930.13 930.14
930.15 930.16 930.17 930.18 930.19 930.20 930.21 930.22 930.23 930.24 930.25 930.26 930.27 930.28 930.29 930.30 931.1 931.2 931.3 931.4 931.5 931.6 931.7 931.8 931.9 931.10
931.11 931.12 931.13 931.14 931.15 931.16 931.17 931.18 931.19 931.20 931.21 931.22 931.23 931.24 931.25 931.26 931.27 931.28
932.1 932.2 932.3 932.4
932.5 932.6 932.7 932.8
932.9 932.10 932.11 932.12 932.13 932.14 932.15 932.16 932.17 932.18 932.19 932.20 932.21 932.22 932.23 932.24 932.25 932.26 932.27 932.28 933.1 933.2 933.3 933.4 933.5 933.6 933.7 933.8 933.9 933.10 933.11 933.12
933.13 933.14 933.15 933.16 933.17 933.18 933.19 933.20 933.21 933.22 933.23 933.24 933.25 933.26 933.27 933.28 933.29 934.1 934.2 934.3 934.4 934.5 934.6 934.7 934.8
934.9 934.10 934.11 934.12 934.13 934.14 934.15 934.16 934.17 934.18 934.19 934.20 934.21 934.22 934.23 934.24 934.25 934.26 934.27 934.28 934.29 934.30 934.31 934.32 935.1 935.2 935.3 935.4 935.5 935.6 935.7 935.8 935.9 935.10 935.11 935.12 935.13 935.14 935.15 935.16 935.17 935.18 935.19
935.20 935.21 935.22 935.23 935.24 935.25 935.26 935.27 935.28 935.29 935.30 935.31 936.1 936.2 936.3 936.4
936.5 936.6 936.7 936.8 936.9 936.10 936.11 936.12 936.13 936.14 936.15 936.16 936.17 936.18 936.19 936.20 936.21 936.22 936.23 936.24 936.25 936.26 936.27 936.28 936.29 936.30 936.31 937.1 937.2 937.3 937.4 937.5 937.6 937.7 937.8 937.9 937.10 937.11 937.12 937.13 937.14 937.15
937.16 937.17 937.18 937.19 937.20
937.21 937.22 937.23 937.24 937.25 937.26 937.27 937.28 937.29 937.30 938.1 938.2 938.3 938.4 938.5
938.6 938.7 938.8 938.9 938.10
938.11 938.12
938.13 938.14
938.15 938.16 938.17 938.18 938.19 938.20 938.21 938.22 938.23 938.24 938.25 938.26 938.27 938.28 938.29 938.30 938.31 938.32 939.1 939.2 939.3 939.4 939.5 939.6 939.7 939.8 939.9 939.10
939.11
939.12 939.13 939.14 939.15 939.16 939.17 939.18 939.19 939.20 939.21 939.22 939.23 939.24 939.25 939.26 939.27 939.28 939.29 939.30 939.31 939.32 940.1 940.2 940.3 940.4 940.5 940.6 940.7 940.8 940.9 940.10 940.11 940.12 940.13 940.14 940.15 940.16 940.17 940.18 940.19 940.20 940.21 940.22 940.23 940.24 940.25 940.26 940.27 940.28 940.29 940.30 940.31 940.32 940.33 941.1 941.2
941.3
941.4 941.5 941.6 941.7 941.8 941.9 941.10 941.11 941.12 941.13 941.14 941.15 941.16
941.17
941.18 941.19 941.20 941.21 941.23 941.22 941.25 941.24 941.26 941.27 941.28 941.29
942.1 942.2 942.3 942.4 942.5 942.6 942.7 942.8 942.9 942.10 942.11 942.12 942.13 942.14 942.15 942.16 942.17 942.18 942.19 942.20 942.21 942.22 942.23 942.24 942.25 942.26 942.27 942.28 942.29 942.30 942.31 942.32 943.1 943.2 943.3 943.4 943.5 943.6 943.7 943.8 943.9 943.10 943.11 943.12 943.13 943.14 943.15 943.16 943.17 943.18 943.19 943.20 943.21 943.22 943.23 943.24
943.25
943.26 943.27
943.28 943.29 943.30 943.31 943.32 944.1 944.2 944.3 944.4 944.5 944.6 944.7 944.8 944.9
944.10 944.11 944.12 944.13 944.14 944.15 944.16 944.17
944.18 944.19 944.20 944.21 944.22 944.23 944.24 944.25 944.26 944.27 944.28 944.29 944.30 945.1 945.2 945.3 945.4 945.5 945.6 945.7 945.8 945.9 945.10
945.11
945.12 945.13 945.14 945.15 945.16 945.17
945.18 945.19 945.20 945.21 945.22 945.23 945.24 945.25
945.26 945.27 945.28 945.29 945.30 945.31 946.1 946.2 946.3 946.4 946.5 946.6 946.7 946.8 946.9 946.10 946.11 946.12 946.13 946.14 946.15 946.16 946.17 946.18 946.19 946.20 946.21 946.22 946.23 946.24 946.25 946.26 946.27 946.28 946.29 946.30 946.31 946.32 947.1 947.2 947.3 947.4 947.5 947.6 947.7 947.8 947.9 947.10 947.11 947.12 947.13 947.14 947.15 947.16 947.17 947.18 947.19 947.20 947.21 947.22 947.23 947.24 947.25 947.26 947.27 947.28 947.29 947.30 947.31 947.32 947.33 948.1 948.2 948.3 948.4 948.5 948.6 948.7 948.8 948.9 948.10 948.11 948.12 948.13 948.14 948.15 948.16 948.17 948.18 948.19 948.20 948.21 948.22 948.23 948.24 948.25 948.26 948.27 948.28 948.29 948.30 948.31 948.32 948.33 948.34
949.1
949.2 949.3 949.4 949.5 949.6 949.7 949.8 949.9 949.10 949.11
949.12
949.13 949.14 949.15 949.16 949.17 949.18 949.19 949.20 949.21 949.22 949.23 949.24 949.25 949.26 949.27
949.28
949.29 949.30 949.31 950.1 950.2 950.3 950.4 950.5 950.6 950.7 950.8
950.9 950.10
950.11 950.12 950.13 950.14 950.15 950.16 950.17
950.18
950.19 950.20 950.21 950.22 950.23 950.24 950.25 950.26 950.27 950.28 950.29 950.30 950.31 951.1 951.2
951.3
951.4 951.5 951.6 951.7 951.8 951.9 951.10 951.11
951.12 951.13 951.14 951.15 951.16 951.17 951.18 951.19 951.20 951.21 951.22 951.23 951.24 951.25 951.26 951.27 951.28 951.29 951.30 951.31 951.32
952.1 952.2
952.3 952.4 952.5 952.6 952.7 952.9 952.8 952.10 952.11 952.12 952.13 952.14
952.15 952.16 952.17 952.18 952.19 952.20 952.21 952.22 952.23
952.24
952.25 952.26 952.27 952.28 952.29 952.30 953.1 953.2 953.3 953.4 953.5 953.6 953.7 953.8 953.9
953.10 953.11
953.12 953.13 953.14 953.15 953.16 953.17 953.18 953.19 953.20 953.21 953.22 953.23 953.24 953.25 953.26 953.27 953.28 953.29 953.30 954.1 954.2 954.3 954.4 954.5 954.6 954.7 954.8 954.9 954.10 954.11 954.12 954.13 954.14 954.15 954.16 954.17 954.18 954.19 954.20 954.21 954.22 954.23 954.24 954.25
954.26 954.27 954.28 954.29 954.30 954.31 955.1 955.2 955.3 955.4 955.5 955.6 955.7 955.8 955.9 955.10 955.11 955.12 955.13 955.14 955.15 955.16 955.17 955.18 955.19 955.20 955.21 955.22 955.23 955.24 955.25 955.26 955.27 955.28 955.29 955.30 955.31 955.32 955.33 955.34 956.1 956.2 956.3 956.4 956.5 956.6 956.7 956.8 956.9 956.10 956.11 956.12 956.13 956.14 956.15 956.16 956.17 956.18 956.19 956.20 956.21 956.22 956.23 956.24 956.25 956.26 956.27 956.28 956.29 956.30 956.31
957.1 957.2 957.3 957.4 957.5 957.6 957.7 957.8 957.9 957.10 957.11 957.12 957.13 957.14 957.15
957.16 957.17 957.18 957.19 957.20 957.21 957.22 957.23 957.24 957.25 957.26 957.27 957.28 957.29 957.30 957.31 957.32 958.1 958.2 958.3 958.4 958.5 958.6 958.7 958.8 958.9 958.10 958.11 958.12 958.13 958.14 958.15 958.16 958.17 958.18 958.19 958.20 958.21 958.22
958.23 958.24 958.25 958.26 958.27 958.28 958.29 958.30 958.31 959.1 959.2 959.3 959.4 959.5 959.6 959.7 959.8 959.9 959.10 959.11 959.12 959.13 959.14 959.15 959.16 959.17 959.18 959.19 959.20 959.21 959.22 959.23 959.24 959.25 959.26 959.27 959.28 959.29 959.30 959.31 959.32 959.33 959.34
960.1 960.2 960.3 960.4 960.5 960.6 960.7 960.8 960.9 960.10 960.11 960.12
960.13 960.14 960.15 960.16 960.17 960.18 960.19 960.20 960.21 960.22 960.23
960.24 960.25 960.26 960.27 960.28 960.29 960.30 960.31 961.1 961.2 961.3 961.4 961.5 961.6 961.7 961.8 961.9 961.10 961.11 961.12 961.13 961.14 961.15 961.16 961.17 961.18 961.19 961.20 961.21 961.22 961.23 961.24 961.25 961.26 961.27 961.28 961.29 961.30 962.1 962.2 962.3 962.4 962.5 962.6 962.7 962.8 962.9 962.10 962.11 962.12 962.13
962.14 962.15 962.16 962.17 962.18 962.19 962.20
962.21 962.22 962.23 962.24 962.25 962.26 962.27 962.28 963.1 963.2 963.3 963.4 963.5 963.6 963.7 963.8 963.9 963.10 963.11 963.12 963.13
963.14 963.15 963.16 963.17 963.18 963.19 963.20 963.21 963.22 963.23 963.24 963.25
963.26 963.27 963.28 963.29 963.30 963.31 964.1 964.2 964.3 964.4
964.5 964.6 964.7 964.8 964.9 964.10 964.11 964.12 964.13 964.14 964.15 964.16 964.17 964.18 964.19 964.20 964.21 964.22 964.23 964.24 964.25 964.26 964.27 964.28 964.29
964.30 964.31 964.32 965.1 965.2 965.3 965.4 965.5 965.6 965.7 965.8 965.9 965.10
965.11 965.12 965.13 965.14 965.15 965.17 965.16 965.18 965.19 965.20 965.21 965.22 965.23 965.24 965.25 965.26 965.27
965.28 965.29
965.30 965.31 966.1 966.2 966.3 966.4 966.5 966.6 966.7 966.8 966.9 966.10 966.11 966.12 966.13 966.14 966.15 966.16 966.17 966.18 966.19 966.20 966.21 966.22 966.23 966.24 966.25 966.26 966.27 966.28 966.29 966.30 966.31 966.32 966.33 967.1 967.2
967.3 967.4 967.5 967.6 967.7 967.8 967.9 967.10 967.11 967.12 967.13 967.14 967.15 967.16 967.17 967.18 967.19 967.20 967.21 967.22 967.23 967.24 967.25 967.26 967.27 967.28
968.1 968.2 968.3 968.4 968.6 968.5 968.7 968.8 968.9 968.10 968.11 968.12 968.13 968.14 968.15 968.16 968.17 968.18 968.19 968.20 968.21 968.22 968.23 968.24 968.25 968.26 968.27 968.28 968.29 968.30 968.31 969.1 969.2 969.3 969.4 969.5 969.6 969.7 969.8 969.9 969.10 969.11 969.12 969.13 969.14 969.15 969.16 969.17 969.18 969.19 969.20 969.21 969.22 969.23 969.24 969.25 969.26 969.27 969.28 969.29 969.30 969.31 970.1 970.2
970.3 970.4 970.5 970.6 970.7 970.8 970.9 970.10 970.12 970.11 970.13 970.14 970.15 970.16 970.17 970.18 970.19 970.20 970.21 970.22 970.23 970.24 970.25 970.26 970.27 970.28 970.29 970.30 970.31 971.1 971.2
971.3 971.4 971.5 971.6 971.7 971.9 971.8 971.10 971.11 971.12 971.13 971.14 971.15 971.16
971.17 971.18 971.19 971.20 971.21 971.22 971.23
971.24
971.25 971.26
972.1 972.2 972.3
972.4 972.5 972.6 972.7 972.8 972.10 972.9 972.12 972.11
972.13
972.14 972.15 972.16 972.18 972.17 972.20 972.19 972.21 972.22 972.23 972.24
972.25
972.26 972.27 972.28 972.29 972.31 972.30 972.33 972.32 973.1 973.2 973.3 973.4
973.5
973.6 973.7 973.8 973.9 973.11 973.10 973.13 973.12 973.14 973.15 973.16 973.17
973.18
973.19 973.20 973.21 973.22 973.24 973.23 973.26 973.25 973.27 973.28 973.29 973.30
973.31 974.1
974.2 974.3 974.4 974.5 974.7 974.6 974.9 974.8 974.10 974.11 974.12 974.13
974.14
974.15 974.16 974.17 974.18 974.20 974.19 974.22 974.21 974.23 974.24 974.25 974.26
974.27
974.28 974.29 974.30 974.31 974.32 975.2 975.1 975.4 975.3
975.5
975.6 975.7 975.8 975.9 975.11 975.10 975.13 975.12 975.14 975.15 975.16 975.17
975.18
975.19 975.20 975.21 975.22 975.23 975.25 975.24 975.26 975.27 975.28
975.29
976.1 976.2 976.3 976.4 976.6 976.5 976.8 976.7 976.9 976.10 976.11 976.12
976.13
976.14 976.15 976.16 976.17 976.19 976.18 976.21 976.20 976.22 976.23 976.24 976.25
976.26 976.27
976.28 976.29 976.30 976.31 976.32 977.2 977.1 977.4 977.3 977.5 977.6
977.7
977.8 977.9 977.10 977.11 977.13 977.12 977.15 977.14 977.16 977.17 977.18
977.19
977.20 977.21 977.22 977.23 977.24 977.26 977.25 977.28 977.27
977.29 978.1
978.2 978.3 978.4 978.5 978.6 978.8 978.7 978.9 978.10 978.11
978.12
978.13 978.14 978.15 978.16 978.18 978.17 978.20 978.19 978.21 978.22 978.23 978.24
978.25 978.26
978.27 978.28 978.29 978.30 978.32 978.31 979.2 979.1
979.3
979.4 979.5 979.6 979.7 979.9 979.8 979.11 979.10
979.12
979.13 979.14 979.15 979.16 979.18 979.17 979.20 979.19
979.21 979.22
979.23 979.24 979.25 979.26 979.28 979.27 979.30 979.29 979.31 979.32 980.1 980.2 980.3 980.4 980.5 980.6 980.7
980.8
980.9 980.10 980.11 980.12 980.14 980.13 980.16 980.15 980.17 980.18 980.19 980.20
980.21
980.22 980.23 980.24 980.25 980.27 980.26 980.29 980.28 980.30 980.31 981.1 981.2
981.3
981.4 981.5 981.6 981.7 981.9 981.8 981.11 981.10 981.12 981.13 981.14
981.15 981.16
981.17 981.18 981.19 981.20 981.22 981.21 981.24 981.23 981.25 981.26
981.27 982.1
982.2 982.3 982.4 982.5 982.7 982.6 982.9 982.8 982.10 982.11 982.12 982.13
982.14
982.15 982.16
982.17 982.18 982.19 982.20 982.21 982.22 982.23 982.24
982.25 982.26 982.27 982.28 982.29 982.30 982.31 982.32 983.1 983.2 983.3
983.4 983.5 983.6 983.7 983.8 983.9 983.10 983.11 983.12
983.13 983.14 983.15 983.16 983.17 983.18 983.19 983.20 983.21 983.22 983.23 983.24 983.25 983.26 983.27 983.28 983.29 983.30 983.31 983.32 983.33 984.1 984.2 984.3 984.4 984.5 984.6 984.7 984.8 984.9 984.10 984.11 984.12 984.13 984.14 984.15 984.16 984.17
984.18 984.19 984.20 984.21 984.22 984.23 984.24 984.25 984.26 984.27 984.28 984.29 984.30 984.31 984.32 984.33 984.34 985.1 985.2
985.3 985.4 985.5 985.6
985.7 985.8 985.9 985.10 985.11 985.12 985.13 985.14 985.15 985.16 985.17 985.18 985.19
985.20
985.21 985.22

A bill for an act
relating to state government; appropriating money and modifying provisions for
agriculture, housing, state government, public safety, corrections, courts,
transportation, environment, natural resources, energy, jobs, economic development,
higher education, prekindergarten through grade 12 education, health, and human
services; establishing and modifying state regulations and programs; creating
accounts; providing for disposition of certain receipts; making clarifying and
technical changes; making forecast adjustments; requiring rulemaking; requiring
reports; providing criminal penalties; creating work groups, task forces, and
advisory groups; modifying fees; amending Minnesota Statutes 2016, sections
3.3005, subdivision 8; 3.855, by adding a subdivision; 10A.01, subdivision 35;
13.072, subdivision 1; 13.461, by adding a subdivision; 13.64, by adding a
subdivision; 13.6905, subdivision 3; 13.72, subdivision 10; 13.851, by adding a
subdivision; 16A.013, by adding a subdivision; 16A.103, subdivisions 1, 1b, by
adding a subdivision; 16A.11, subdivision 1, by adding a subdivision; 16A.99,
subdivisions 2, 4; 16E.03, subdivision 7; 17.117, subdivisions 1, 4, 11; 17.494;
17.4982, by adding subdivisions; 18C.425, subdivision 6; 18C.80, subdivision 2;
21.89, subdivision 2; 28A.16; 41A.15, subdivision 10, by adding a subdivision;
41A.16, subdivisions 1, 2; 41A.17, subdivision 1; 41A.18, subdivision 1; 41B.056,
subdivision 2; 62A.30, by adding a subdivision; 62V.05, subdivisions 5, 10; 80E.13;
84.0895, subdivision 2; 84.775, subdivision 1; 84.86, subdivision 1; 84.928,
subdivision 2; 88.10, by adding a subdivision; 88.75, subdivision 1; 89.551;
97A.051, subdivision 2; 97A.433, subdivisions 4, 5; 97B.015, subdivision 6;
97B.081, subdivision 3; 97B.1055; 97C.345, subdivision 3a; 103B.3369,
subdivisions 5, 9; 103B.801, subdivisions 2, 5; 103E.021, subdivision 6; 103E.071;
103E.351, subdivision 1; 103F.361, subdivision 2; 103F.363, subdivision 1;
103F.365, by adding a subdivision; 103F.371; 103F.373, subdivisions 1, 3, 4;
103G.2242, subdivision 14; 103I.205, subdivision 9; 103I.301, subdivision 6;
114D.15, subdivisions 7, 11, 13, by adding subdivisions; 114D.20, subdivisions
2, 3, 5, 7, by adding subdivisions; 114D.26; 114D.35, subdivisions 1, 3; 115.03,
subdivision 5, by adding a subdivision; 115.035; 115A.51; 115A.94, subdivisions
2, 4a, 4b, 4c, 4d, 5, by adding subdivisions; 116.155, subdivision 1, by adding
subdivisions; 116.993, subdivisions 2, 6; 119B.011, subdivision 19, by adding a
subdivision; 119B.02, subdivision 7; 119B.03, subdivision 9; 119B.06, by adding
a subdivision; 120A.20, subdivision 2; 120A.22, subdivisions 7, 12; 120B.024,
subdivision 1; 120B.11, subdivisions 1, 1a, 2, 5, 9; 120B.12, as amended; 120B.299,
subdivision 10; 120B.36, subdivision 2; 121A.22, subdivision 1, by adding a
subdivision; 121A.39; 121A.41, by adding a subdivision; 121A.45; 121A.46,
subdivisions 2, 3, by adding subdivisions; 121A.47, subdivisions 2, 14; 121A.55;
121A.61; 121A.67, by adding a subdivision; 122A.42; 122A.71, subdivision 2;
123B.14, subdivision 7; 123B.41, subdivision 5; 123B.42, subdivision 3; 123B.52,
subdivision 6; 123B.595, as amended; 123B.61; 124D.09, subdivision 4; 124D.111;
124D.151, subdivision 2; 124D.78, subdivision 2; 124D.98; 124E.20, subdivision
1; 125B.07, subdivision 6; 125B.26, subdivision 4; 126C.10, subdivisions 2e, 24;
126C.15, subdivision 5, by adding a subdivision; 126C.17, subdivisions 1, 2, 5,
6, 7, 7a; 126C.44; 127A.45, subdivisions 11, 16; 127A.70, subdivision 2; 128C.03;
128C.20; 129D.17, by adding a subdivision; 134.355, subdivision 10; 135A.15,
subdivisions 2, 6; 136A.15, subdivision 8; 136A.16, subdivisions 1, 2, 5, 8, 9;
136A.162; 136A.1701, subdivision 7; 136A.1702; 136A.1791, subdivision 8;
136A.1795, subdivision 2; 136A.64, subdivision 1; 136A.822, subdivision 10;
136A.901, subdivision 1; 137.0245, subdivisions 1, 2, 4, 5; 144.121, subdivision
1a, by adding a subdivision; 144.1506, subdivision 2; 144.225, subdivisions 2, 2a,
7; 144.6501, subdivision 3, by adding a subdivision; 144.651, subdivisions 1, 2,
4, 6, 14, 16, 17, 20, 21, by adding subdivisions; 144.652, by adding a subdivision;
144A.10, subdivision 1; 144A.26; 144A.43, subdivisions 11, 27, 30, by adding a
subdivision; 144A.44, subdivision 1; 144A.441; 144A.442; 144A.45, subdivisions
1, 2; 144A.472, subdivision 5; 144A.473; 144A.474, subdivisions 2, 8, 9; 144A.475,
subdivisions 1, 2, 5; 144A.476, subdivision 1; 144A.479, subdivision 7, by adding
a subdivision; 144A.4791, subdivisions 1, 3, 6, 7, 8, 9, 10; 144A.4792, subdivisions
1, 2, 5, 10; 144A.4793, subdivision 6; 144A.4797, subdivision 3; 144A.4798;
144A.4799, subdivision 1; 144A.484, subdivision 1; 144A.53, subdivisions 1, 4,
by adding subdivisions; 144D.01, subdivision 1; 144D.02; 144D.04, by adding a
subdivision; 144D.09; 144G.01, subdivision 1; 145.56, subdivision 2; 146B.03,
by adding a subdivision; 147.012; 147.02, by adding a subdivision; 147A.06;
147A.07; 147B.02, subdivision 9, by adding a subdivision; 147C.15, subdivision
7, by adding a subdivision; 147D.17, subdivision 6, by adding a subdivision;
147D.27, by adding a subdivision; 147E.15, subdivision 5, by adding a subdivision;
147E.40, subdivision 1; 147F.07, subdivision 5, by adding subdivisions; 147F.17,
subdivision 1; 148.59; 148.7815, subdivision 1; 148E.180; 149A.40, subdivision
11; 149A.95, subdivision 3; 150A.06, subdivision 1a, by adding subdivisions;
150A.091, by adding subdivisions; 151.15, by adding subdivisions; 151.19,
subdivision 1; 151.214, subdivision 2; 151.46; 151.71, by adding a subdivision;
152.11, subdivision 2, by adding a subdivision; 152.126, subdivisions 2, 6, 10;
155A.25, subdivision 1a; 155A.28, by adding a subdivision; 160.263, subdivision
2; 160.295, subdivision 5; 161.115, subdivision 111; 161.14, by adding
subdivisions; 161.32, subdivision 2; 168.013, subdivision 6; 168.10, subdivision
1h; 168.101, subdivision 2a; 168.127, subdivisions 4, 6; 168.27, by adding
subdivisions; 168.301, subdivision 3; 168.326; 168.33, subdivision 8a, by adding
a subdivision; 168.345, subdivision 2; 168.346, subdivision 1; 168A.02, subdivision
1; 168A.12, subdivision 2; 168A.151, subdivision 1; 168A.17, by adding a
subdivision; 168A.29, subdivision 1; 169.011, subdivisions 5, 9, 60; 169.14,
subdivision 5; 169.18, subdivisions 3, 10, 11, 12; 169.20, by adding a subdivision;
169.222, subdivisions 1, 4; 169.26, subdivision 1; 169.28; 169.29; 169.442, by
adding a subdivision; 169.448, subdivision 1; 169.4503, subdivisions 5, 13, by
adding a subdivision; 169.475, subdivision 2; 169.55, subdivision 1; 169.57,
subdivision 3; 169.64, subdivision 3, by adding a subdivision; 169.81, subdivision
5, by adding a subdivision; 169.8261, subdivision 2; 169.829, by adding a
subdivision; 169.87, subdivision 6; 169.92, subdivision 4; 169A.24, subdivision
1; 169A.55, subdivision 4; 171.041; 171.07, subdivision 1a; 171.16, subdivisions
2, 3; 171.18, subdivision 1; 171.24; 174.12, subdivision 8; 174.66; 175A.05;
176.011, subdivision 15; 176.101, subdivisions 2, 2a, 4; 176.102, subdivision 11;
176.136, subdivision 1b; 176.231, subdivision 9; 176.83, subdivision 5; 180.03,
subdivisions 2, 3, 4; 180.10; 201.022, by adding subdivisions; 205A.07, subdivision
2; 214.075, subdivisions 1, 4, 5, 6; 214.077; 214.10, subdivision 8; 214.12, by
adding a subdivision; 216B.16, by adding subdivisions; 216B.1641; 216B.2422,
subdivision 1, by adding a subdivision; 216D.04, by adding a subdivision; 216G.01,
subdivision 3; 221.031, subdivision 2d, by adding a subdivision; 221.0314,
subdivision 9; 221.036, subdivisions 1, 3; 221.122, subdivision 1; 221.161,
subdivision 1, by adding a subdivision; 221.171, subdivision 1; 240.01, by adding
a subdivision; 240.02, subdivision 6; 240.08, subdivision 5; 240.131, subdivision
7; 240.22; 242.192; 243.166, subdivisions 1b, 2, 4, 4b, 4c, 5, 6, 7, 7a; 245.4889,
by adding a subdivision; 245A.04, subdivision 7, by adding a subdivision;
245A.175; 245C.02, by adding a subdivision; 245C.12; 245C.22, subdivision 4;
245D.071, subdivision 5; 245D.091, subdivisions 2, 3, 4; 254A.035, subdivision
2; 254B.02, subdivision 1; 254B.06, subdivision 1; 256.01, subdivision 14b;
256B.04, subdivisions 14, 21; 256B.0625, subdivisions 13, 13e, 13f, by adding
subdivisions; 256B.0659, subdivisions 3a, 11, 21, 24, 28, by adding a subdivision;
256B.0915, subdivision 6; 256B.092, subdivisions 1b, 1g; 256B.4914, subdivision
4; 256B.5012, by adding a subdivision; 256I.04, by adding subdivisions; 256K.45,
subdivision 2; 256R.53, subdivision 2; 257.57, subdivisions 1, 2, by adding a
subdivision; 257.75, subdivision 4; 260.012; 260.835, subdivision 2; 268.035,
subdivisions 4, 12; 268.044, subdivisions 2, 3; 268.047, subdivision 3; 268.051,
subdivisions 2a, 3; 268.053, subdivision 1; 268.057, subdivision 5; 268.059;
268.066; 268.067; 268.069, subdivision 1; 268.085, subdivisions 3, 3a; 268.095,
subdivision 6a; 268.105, subdivision 6; 268.145, subdivision 1; 270C.13,
subdivision 1; 298.28, subdivision 9a; 299A.01, by adding a subdivision; 299A.705;
299A.707, by adding a subdivision; 299C.093; 299C.17; 299D.085, by adding a
subdivision; 299F.30, subdivisions 1, 2; 325F.71; 326B.106, subdivision 9;
326B.815, subdivision 1; 327.31, by adding a subdivision; 327B.041; 327C.095,
subdivisions 4, 6, 12, 13, by adding a subdivision; 349A.06, subdivision 11;
357.021, subdivision 2b; 360.013, by adding a subdivision; 360.017, subdivision
1; 360.021, subdivision 1; 360.024; 360.062; 360.063, subdivisions 1, 3; 360.064,
subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1; 360.067, by adding
a subdivision; 360.071, subdivision 2; 360.305, subdivision 6; 394.22, by adding
a subdivision; 394.23; 394.231; 394.25, subdivision 3; 462.352, by adding a
subdivision; 462.355, subdivision 1; 462.357, subdivision 9, by adding a
subdivision; 462A.33, subdivisions 1, 2; 462A.37, subdivisions 1, 2; 465.73;
471.59, subdivision 1; 473.13, by adding subdivisions; 473.386, subdivision 3, by
adding a subdivision; 473.4051, subdivision 3; 473.606, subdivision 5; 474A.02,
by adding subdivisions; 474A.03, subdivision 1; 474A.04, subdivision 1a;
474A.047, subdivisions 1, 2; 474A.061; 474A.062; 474A.091; 474A.131; 474A.14;
474A.21; 475.58, subdivision 4; 507.18, subdivision 2, by adding subdivisions;
518.145, subdivision 2; 518A.32, subdivision 3; 518A.685; 574.26, subdivision
1a; 590.11, subdivisions 1, 2, 5, 7; 609.015, subdivision 1; 609.095; 609.2231,
subdivision 8; 609.341, subdivision 10; 609.342, subdivision 1; 609.343,
subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1; 609.3451,
subdivision 1; 609.746, subdivision 1; 611.365, subdivisions 2, 3; 611.367; 611.368;
617.246, subdivisions 2, 3, 4, 7; 617.247, subdivisions 3, 4, 9; 626.556, subdivision
10; 626.557, subdivisions 3, 4, 9a, 9b, 9c, 12b, 14, 17; 626.8452, by adding a
subdivision; 626A.08, subdivision 2; 626A.37, subdivision 4; 631.40, subdivision
1a; 641.15, subdivision 3a; Minnesota Statutes 2017 Supplement, sections 3.8853,
subdivisions 1, 2, by adding subdivisions; 3.972, subdivision 4; 3.98, subdivision
1; 6.481, subdivision 3; 13.69, subdivision 1; 15A.083, subdivision 7; 16A.152,
subdivision 2; 18C.70, subdivision 5; 18C.71, subdivision 4; 84.01, subdivision
6; 84.91, subdivision 1; 84.925, subdivision 1; 84.9256, subdivision 1; 84D.03,
subdivisions 3, 4; 84D.108, subdivisions 2b, 2c; 85.0146, subdivision 1; 86B.331,
subdivision 1; 97A.075, subdivision 1; 103G.2242, subdivision 1; 103I.005,
subdivisions 2, 8a, 17a; 103I.205, subdivisions 1, 4; 103I.208, subdivision 1;
103I.235, subdivision 3; 103I.601, subdivision 4; 116.0714; 116C.779, subdivision
1; 116C.7792; 119B.011, subdivision 20; 119B.025, subdivision 1; 119B.06,
subdivision 1; 119B.09, subdivision 1; 119B.095, subdivision 2, by adding a
subdivision; 119B.13, subdivision 1; 120B.021, subdivision 1; 120B.122,
subdivision 1; 120B.125; 120B.30, subdivision 1; 120B.35, subdivision 3; 120B.36,
subdivision 1; 121A.335, subdivisions 3, 5; 122A.07, by adding a subdivision;
122A.09, subdivision 2, by adding a subdivision; 122A.18, subdivision 8;
122A.187, subdivision 3, by adding a subdivision; 122A.20, subdivisions 1, 2;
122A.40, subdivision 13; 122A.41, subdivision 6; 123B.03, subdivisions 1, 2;
123B.41, subdivision 2; 123B.52, subdivision 7; 124D.09, subdivision 3; 124D.151,
subdivisions 5, 6; 124D.165, subdivisions 2, 3, 4; 124D.549; 124D.68, subdivision
2; 124D.99, subdivisions 3, 5; 136A.1275, subdivisions 2, 3; 136A.1789,
subdivision 2; 136A.246, subdivision 4; 136A.646; 136A.672, by adding a
subdivision; 136A.822, subdivision 6; 136A.8295, by adding a subdivision;
144A.472, subdivision 7; 144A.474, subdivision 11; 144A.4796, subdivision 2;
144A.4799, subdivision 3; 144D.04, subdivision 2; 147.01, subdivision 7; 147A.28;
147B.08; 147C.40; 152.105, subdivision 2; 155A.30, subdivision 12; 160.02,
subdivision 1a; 168.013, subdivision 1a; 169.18, subdivision 7; 169.442, subdivision
5; 169.64, subdivision 8; 169.829, subdivision 4; 171.06, subdivision 2; 171.30,
subdivisions 1, 2a; 171.306, subdivisions 1, 2; 171.3215, subdivisions 2, 3; 175.46,
subdivision 13; 216B.1691, subdivision 2f; 216B.241, subdivision 1d; 216B.62,
subdivision 3b; 216C.417, subdivision 2; 245.4889, subdivision 1; 245A.03,
subdivision 7; 245A.06, subdivision 8; 245A.11, subdivision 2a; 245A.50,
subdivision 7; 245C.22, subdivision 5; 245D.03, subdivision 1; 245G.05,
subdivision 1; 254A.03, subdivision 3; 254B.03, subdivision 2; 254B.12,
subdivision 3; 256.045, subdivision 3; 256.969, subdivision 9; 256B.0625,
subdivisions 3b, 56a; 256B.0911, subdivisions 1a, 3a, 3f, 5; 256B.0915, subdivision
3a; 256B.0921; 256B.0941, subdivision 3; 256B.49, subdivision 13; 256B.4914,
subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 10a; 256I.03, subdivision 8; 256I.04, subdivision
2b; 256I.05, subdivision 3; 268.035, subdivisions 15, 20; 268.046, subdivision 1;
268.07, subdivision 1; 268.085, subdivision 13a; 268.095, subdivision 6; 268.18,
subdivisions 2b, 5; 298.2215; 298.227; 364.09; 462A.2035, subdivisions 1, 1b;
473.4051, subdivision 2; 473.4485, subdivision 2; 475.59, subdivision 1; 609A.03,
subdivision 7a; 626.556, subdivisions 2, 3, 10e; Laws 2007, chapter 45, article 1,
section 4; Laws 2010, chapter 361, article 4, section 78; Laws 2014, chapter 312,
article 2, section 14, as amended; article 11, section 38, subdivisions 5, 6; article
27, section 76; Laws 2016, chapter 189, article 3, sections 3, subdivision 5; 4; 48;
article 25, sections 61; 62, subdivision 15; Laws 2017, chapter 88, article 1, section
2, subdivisions 2, 4, 5; Laws 2017, chapter 89, article 1, section 2, subdivisions
18, 20, 29, 31, 32, 33, 34, 40; Laws 2017, chapter 93, article 1, sections 3,
subdivision 6; 4; article 2, sections 155, subdivision 5; 163; Laws 2017, chapter
94, article 1, sections 2, subdivisions 2, as amended, 3; 4, subdivision 5; 6; 7,
subdivision 7; 9; article 10, sections 28; 29; Laws 2017, First Special Session
chapter 1, article 4, section 31; Laws 2017, First Special Session chapter 3, article
1, sections 2, subdivision 2; 4, subdivisions 1, 2, 4; Laws 2017, First Special
Session chapter 4, article 2, sections 1; 3; 9; 58; Laws 2017, First Special Session
chapter 5, article 1, section 19, subdivisions 2, 3, 4, 5, 6, 7, 9; article 2, sections
56; 57, subdivisions 2, 3, 4, 5, 6, 12, 14, 21, 23, 26, 34; article 3, sections 3; 4; 5;
6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 36; article 4, sections 11; 12, subdivisions 2,
as amended, 3, 4, 5; article 5, section 14, subdivisions 2, 3, 4; article 6, section 3,
subdivisions 2, 3, 4; article 7, section 2, subdivision 5; article 8, section 10,
subdivisions 3, 5a, 6, 12; article 9, section 2, subdivisions 2, 7; article 10, section
6, subdivision 2; article 11, sections 9, subdivision 2; 10; 12; 13; Laws 2017, First
Special Session chapter 6, article 3, section 49; article 8, sections 71; 72; 74; article
10, section 144; article 12, section 2, subdivision 4; article 18, sections 3,
subdivisions 2, 3; 16, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 3; 5; 11A; 16E; 17; 62J; 62Q; 97A; 103B; 115; 115B; 116C;
120B; 121A; 122A; 136A; 137; 144; 144D; 144G; 147A; 147B; 147C; 147D;
147E; 147F; 151; 168A; 174; 176; 219; 245A; 245C; 256; 256B; 256K; 260C;
299A; 299C; 327; 360; 383A; repealing Minnesota Statutes 2016, sections 16A.97;
16A.98; 120B.299, subdivisions 7, 8, 9, 11; 123A.26, subdivision 3; 125A.75,
subdivision 9; 126C.16, subdivisions 1, 3; 126C.17, subdivision 9a; 128C.02,
subdivision 6; 136A.15, subdivisions 2, 7; 136A.1701, subdivision 12; 144A.45,
subdivision 6; 144A.479, subdivision 2; 144A.481; 151.55; 155A.28, subdivisions
1, 3, 4; 168.013, subdivision 21; 169A.33, subdivision 1; 214.075, subdivision 8;
216B.2423; 221.161, subdivisions 2, 3, 4; 256B.0705; 268.053, subdivisions 4, 5;
360.063, subdivision 4; 360.065, subdivision 2; 360.066, subdivisions 1a, 1b;
401.13; 471.9996, subdivision 2; 609.349; Minnesota Statutes 2017 Supplement,
sections 3.98, subdivision 4; 122A.09, subdivision 1; 146B.02, subdivision 7a;
169A.07; 256B.0625, subdivision 31c; Laws 2016, chapter 189, article 25, section
62, subdivision 16; Laws 2017, First Special Session chapter 4, article 2, section
59; Minnesota Rules, parts 5600.0605, subparts 5, 8; 8700.7620; 8710.0300,
subparts 1, 1a, 2, 2a, 2b, 3, 5, 6, 7, 8, 9, 10, 11; 8710.1000; 8710.1050; 8710.1250;
8710.1400; 8710.1410; 8710.2100, subparts 1, 2; 9530.6800; 9530.6810.

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

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2017, First Special Session chapter
4, article 1, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2018" and "2019" used in this article mean that
the appropriations listed under them are available for the fiscal year ending June 30, 2018,
or June 30, 2019, respectively.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginLEGISLATURE
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin $
new text end
new text begin 90,000
new text end

new text begin $90,000 is from the general fund to the
Legislative Coordinating Commission for rent
payments for the Office of the Revisor of
Statutes. This is a onetime appropriation.
new text end

Sec. 3. new text beginSTATE AUDITOR
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin $
new text end
new text begin (269,094)
new text end

new text begin This is a general reduction to office operations.
The auditor may not reduce operations or
services related to public pensions. This is a
onetime reduction.
new text end

Sec. 4. new text beginSECRETARY OF STATE
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin $
new text end
new text begin 1,534,000
new text end

new text begin (a) $1,534,000 is appropriated in fiscal year
2019 from the account established in
Minnesota Statutes, section 5.30, pursuant to
the Help America Vote Act, to the secretary
of state for the purposes of modernizing,
securing, and updating the statewide voter
registration system and for cyber security
upgrades as authorized by federal law. This is
a onetime appropriation and is available until
June 30, 2022.
new text end

new text begin (b) $110,000 expended by the secretary of
state in fiscal year 2018 for increasing secure
access to the statewide voter registration
system was money appropriated for carrying
out the purposes authorized under the
Omnibus Appropriations Act of 2018, Public
Law 115-1410, and the Help America Vote
Act of 2002, Public Law 107-252, section 101,
and is deemed to be credited towards any
match required by those laws.
new text end

Sec. 5. new text beginMINNESOTA MANAGEMENT AND
BUDGET
new text end

new text begin $
new text end
new text begin 129,094
new text end
new text begin $
new text end
new text begin 140,000
new text end

new text begin (a) $140,000 in fiscal year 2019 is from the
general fund for grants to reimburse the
documented litigation costs incurred by
counties in defending the constitutionality of
Minnesota Statutes, section 6.481, as enacted
in Laws 2015, chapter 77, article 2, section 3,
in Otto v. Wright County, et. al. (A16-1634).
The grants must be apportioned as follows:
new text end

new text begin (1) up to $70,000 is for a grant to Wright
County; and
new text end

new text begin (2) up to $70,000 is for a grant to Becker
County.
new text end

new text begin This is a onetime appropriation. The
commissioner must provide each grant upon
certification of the final litigation costs
incurred by the affected county, provided that
the total grant must not exceed the amounts
specified in this paragraph.
new text end

new text begin (b) Notwithstanding any provision of law to
the contrary, $129,094 in fiscal year 2018 is
from the general fund for a payment to the city
of Austin, for both its 2016 fire state aid
payment under Minnesota Statutes, section
69.021, subdivision 7, and its 2016
supplemental state aid payment under
Minnesota Statutes, section 423A.022, upon
certification by the city that the sum of the fire
state aid and the supplemental state aid that
the city transmitted to the Austin Parttime
Firefighters Relief Association in calendar
year 2015 to fund the volunteers firefighters'
service pensions met or exceeded the amount
required under the bylaws of that association.
Of these amounts:
new text end

new text begin (1) $103,892 is for the fire state aid; and
new text end

new text begin (2) $25,202 is for the supplemental state aid.
new text end

new text begin This is a onetime appropriation. The payment
required by this paragraph must be provided
no later than June 30, 2018.
new text end

Sec. 6. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1.

Minnesota Statutes 2016, section 3.855, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Information required. new text end

new text begin The commissioner of management and budget must
submit to the Legislative Coordinating Commission the following information with the
submission of a collective bargaining agreement or compensation plan under subdivisions
2 and 3:
new text end

new text begin (1) for each agency and for each proposed agreement, a comparison of biennial
compensation costs under the current agreement or plan to the projected biennial
compensation costs under the proposed agreement or plan, paid with funds appropriated
from the general fund;
new text end

new text begin (2) for each agency and for each proposed agreement and plan, a comparison of biennial
compensation costs under the current agreement or plan to the projected compensation costs
under the proposed agreement or plan, paid with funds appropriated from each fund other
than the general fund;
new text end

new text begin (3) for each agency and for each proposed agreement and plan, an identification of the
amount of the additional biennial compensation costs that are attributable to salary and
wages and to the cost of nonsalary and nonwage benefits; and
new text end

new text begin (4) for each agency, for each of clauses (1) to (3), the impact of the aggregate of all
agreements and plans being submitted to the commission.
new text end

Sec. 2.

new text begin [5.42] DISPLAY OF BUSINESS ADDRESS ON WEB SITE.
new text end

new text begin (a) A business entity may request in writing that all addresses submitted by the business
entity to the secretary of state be omitted from display on the secretary of state's Web site.
A business entity may only request that all addresses be omitted from display if the entity
certifies that:
new text end

new text begin (1) there is only one shareholder, member, manager, or owner of the business entity;
new text end

new text begin (2) the shareholder, manager, member, or owner is a natural person; and
new text end

new text begin (3) at least one of the addresses provided is the residential address of the sole shareholder,
manager, member, or owner.
new text end

new text begin The secretary of state shall post a notice that this option is available and a link to the form
needed to make a request on the secretary's Web site. The secretary of state shall also attach
a copy of the request form to all business filing forms provided in a paper format that require
a business entity to submit an address.
new text end

new text begin (b) This section does not change the classification of data under chapter 13 and addresses
shall be made available to the public in response to requests made by telephone, mail,
electronic mail, and facsimile transmission.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to business
entity filings filed with the secretary of state on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 6.481, subdivision 3, is amended to
read:


Subd. 3.

CPA firm audit.

new text begin(a) new text endA county audit performed by a CPA firm must meet the
standards and be in a form meeting recognized industry auditing standards. The state auditor
may require additional information from the CPA firm if the state auditor determines that
is in the public interest, but the state auditor must accept the audit unless the state auditor
determines the audit or its form does not meet recognized industry auditing standards. The
state auditor may make additional examinations as the auditor determines to be in the public
interest.

new text begin (b) When the state auditor requires additional information from the CPA firm or makes
additional examinations that the state auditor determines to be in the public interest, the
state auditor must afford counties and CPA firms an opportunity to respond to potential
findings, conclusions, or questions, as follows:
new text end

new text begin (1) at least 30 days before beginning a review for work performed by a certified public
accountant firm licensed in chapter 326A, the state auditor must notify the county and CPA
firm that the state auditor will be conducting a review and must identify the type and scope
of review the state auditor will perform;
new text end

new text begin (2) throughout the state auditor's review, the auditor shall allow the county and the CPA
firm at least 30 days to respond to any request by the auditor for documents or other
information;
new text end

new text begin (3) the state auditor must provide the CPA firm with a draft report of the state auditor's
findings at least 30 days before issuing a final report;
new text end

new text begin (4) at least 20 days before issuing a final report, the state auditor must hold a formal exit
conference with the CPA firm to discuss the findings in the state auditor's draft report;
new text end

new text begin (5) the state auditor shall make changes to the draft report that are warranted as a result
of information provided by the CPA firm during the state auditor's review; and
new text end

new text begin (6) the state auditor's final report must include any written responses provided by the
CPA firm.
new text end

Sec. 4.

Minnesota Statutes 2016, section 13.072, subdivision 1, is amended to read:


Subdivision 1.

Opinion; when required.

(a) Upon request of a government entitynew text begin or a
member of the legislature
new text end, the commissioner deleted text beginmaydeleted text endnew text begin mustnew text end give a written opinion on any question
relating to deleted text beginpublicdeleted text endnew text begin the requirements of this chapter, including questions aboutnew text end access to
government datanew text begin by a member of the public or another government entitynew text end,new text begin thenew text end rights of
subjects of data, or new text beginthe new text endclassification of data under this chapter or other Minnesota statutes
governing government data practices. Upon request of any person who disagrees with a
determination regarding data practices made by a government entity, the commissioner deleted text beginmaydeleted text endnew text begin
must
new text end give a written opinion regarding the person's rights as a subject of government data
or right to have access to government data.

(b) Upon request of a body subject to chapter 13Dnew text begin or a member of the legislaturenew text end, the
commissioner deleted text beginmaydeleted text endnew text begin mustnew text end give a written opinion on any question relating to the deleted text beginbody's duties
under
deleted text endnew text begin requirements ofnew text end chapter 13D. Upon request of a person who disagrees with the manner
in which members of a governing body perform their duties under chapter 13D, the
commissioner deleted text beginmaydeleted text endnew text begin mustnew text end give a written opinion on compliance with chapter 13D. A governing
body or person requesting an opinion under this paragraph must pay the commissioner a
fee of $200. Money received by the commissioner under this paragraph is appropriated to
the commissioner for the purposes of this section.

deleted text begin (c) If the commissioner determines that no opinion will be issued, the commissioner
shall give the government entity or body subject to chapter 13D or person requesting the
opinion notice of the decision not to issue the opinion within five business days of receipt
deleted text end deleted text begin of the request. If this notice is not given, the commissioner shall issue an opinion within 20
days of receipt of the request.
deleted text end

deleted text begin (d)deleted text end new text begin(c) The commissioner shall issue an opinion under this subdivision within 20 days
of receipt of the request.
new text endFor good cause and upon written notice to the person requesting
the opinion, the commissioner may extend this deadline for one additional 30-day period.
The notice must state the reason for extending the deadline. The government entity or the
members of a body subject tonew text begin this chapter ornew text end chapter 13D must be provided a reasonable
opportunity to explain the reasons for its decision regarding the data or how they perform
their duties deleted text beginunder chapter 13Ddeleted text end. The commissioner or the government entity or body subject
to chapter 13D may choose to give notice to the subject of the data concerning the dispute
regarding the data or compliance withnew text begin this chapter ornew text end chapter 13D.

deleted text begin (e)deleted text endnew text begin (d)new text end This section does not apply to a determination made by the commissioner of
health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.

deleted text begin (f)deleted text endnew text begin (e)new text end A written, numbered, and published opinion issued by the attorney general shall
take precedence over an opinion issued by the commissioner under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to requests for opinions submitted on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2016, section 16A.013, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Opportunity to make gifts via Web site. new text end

new text begin The commissioner of management
and budget must maintain a secure Web site which permits any person to make a gift of
money electronically for any purpose authorized by subdivision 1. Gifts made using the
Web site are subject to all other requirements of this section, sections 16A.014 to 16A.016,
and any other applicable law governing the receipt of gifts by the state and the purposes for
which a gift may be used. The Web site must include historical data on the total amount of
gifts received using the site, itemized by month.
new text end

Sec. 6.

Minnesota Statutes 2017 Supplement, section 16A.152, subdivision 2, is amended
to read:


Subd. 2.

Additional revenues; priority.

(a) If on the basis of a forecast of general fund
revenues and expenditures, the commissioner of management and budget determines that
there will be a positive unrestricted budgetary general fund balance at the close of the
biennium, the commissioner of management and budget must allocate money to the following
accounts and purposes in priority order:

(1) the cash flow account established in subdivision 1 until that account reaches
$350,000,000;

(2) the budget reserve account established in subdivision 1a until that account reaches
$1,596,522,000;

(3) the amount necessary to increase the aid payment schedule for school district aids
and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest
tenth of a percent without exceeding the amount available and with any remaining funds
deposited in the budget reserve;new text begin and
new text end

(4) the amount necessary to restore all or a portion of the net aid reductions under section
127A.441 and to reduce the property tax revenue recognition shift under section 123B.75,
subdivision 5
, by the same amountdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (5) the clean water fund established in section 114D.50 until $22,000,000 has been
transferred into the fund.
deleted text end

(b) The amounts necessary to meet the requirements of this section are appropriated
from the general fund within two weeks after the forecast is released or, in the case of
transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations
schedules otherwise established in statute.

(c) The commissioner of management and budget shall certify the total dollar amount
of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education.
The commissioner of education shall increase the aid payment percentage and reduce the
property tax shift percentage by these amounts and apply those reductions to the current
fiscal year and thereafter.

deleted text begin (d) Paragraph (a), clause (5), expires after the entire amount of the transfer has been
made.
deleted text end

Sec. 7.

new text begin [16E.031] STATE AND LOCAL GOVERNMENT USER ACCEPTANCE
TESTING.
new text end

new text begin (a) Any state agency implementing a new information technology business software
application or new business software application functionality that significantly impacts
the operations of local units of government must provide opportunities for local government
representative involvement in user acceptance testing, unless the testing is deemed not
feasible or necessary by the relevant agency commissioner, in consultation with
representatives of local units of government and the chief information officer.
new text end

new text begin (b) The requirements in paragraph (a) only apply to new software applications and new
software application functionality where local units of government will be primary users,
as determined by the relevant agency head in consultation with representatives of local units
of government and the chief information officer. The requirements in paragraph (a) do not
apply to routine software upgrades or application changes that are primarily intended to
comply with federal law, rules, or regulations.
new text end

new text begin (c) School districts are not local units of government for the purposes of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018, and applies to business
software application projects initiated on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2016, section 155A.25, subdivision 1a, is amended to read:


Subd. 1a.

Schedule.

(a) The schedule for fees and penalties is as provided in this
subdivision.

(b) Three-year license fees are as follows:

(1) $195 initial practitioner, manager, or instructor license, divided as follows:

(i) $155 for each initial license; and

(ii) $40 for each initial license application fee;

(2) $115 renewal of practitioner license, divided as follows:

(i) $100 for each renewal license; and

(ii) $15 for each renewal application fee;

(3) $145 renewal of manager or instructor license, divided as follows:

(i) $130 for each renewal license; and

(ii) $15 for each renewal application fee;

(4) $350 initial salon license, divided as follows:

(i) $250 for each initial license; and

(ii) $100 for each initial license application fee;

(5) $225 renewal of salon license, divided as follows:

(i) $175 for each renewal; and

(ii) $50 for each renewal application fee;

(6) $4,000 initial school license, divided as follows:

(i) $3,000 for each initial license; and

(ii) $1,000 for each initial license application fee; and

(7) $2,500 renewal of school license, divided as follows:

(i) $2,000 for each renewal; and

(ii) $500 for each renewal application fee.

(c) Penalties may be assessed in amounts up to the following:

(1) reinspection fee, $150;

(2) manager and owner with expired practitioner found on inspection, $150 each;

(3) expired practitioner or instructor found on inspection, $200;

(4) expired salon found on inspection, $500;

(5) expired school found on inspection, $1,000;

(6) failure to display current license, $100;

(7) failure to dispose of single-use equipment, implements, or materials as provided
under section 155A.355, subdivision 1, $500;

(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,
subdivision 2
, $500;

(9) performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon, $500;

(10) owner and manager allowing an operator to work as an independent contractor,
$200;

(11) operator working as an independent contractor, $100;

(12) refusal or failure to cooperate with an inspection, $500;

(13) practitioner late renewal fee, $45; and

(14) salon or school late renewal fee, $50.

(d) Administrative fees are as follows:

(1) homebound service permit, $50 three-year fee;

(2) name change, $20;

(3) certification of licensure, $30 each;

(4) duplicate license, $20;

(5) special event permit, $75 per year;

deleted text begin (6) registration of hair braiders, $20 per year;
deleted text end

deleted text begin (7)deleted text endnew text begin (6)new text end $100 for each temporary military license for a cosmetologist, nail technician,
esthetician, or advanced practice esthetician one-year fee;

deleted text begin (8)deleted text endnew text begin (7)new text end expedited initial individual license, $150;

deleted text begin (9)deleted text endnew text begin (8)new text end expedited initial salon license, $300;

deleted text begin (10)deleted text endnew text begin (9)new text end instructor continuing education provider approval, $150 each year; and

deleted text begin (11)deleted text endnew text begin (10)new text end practitioner continuing education provider approval, $150 each year.

Sec. 9.

Minnesota Statutes 2016, section 155A.28, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Hair braiders exempt. new text end

new text begin The practice of hair braiding is exempt from the
requirements of this chapter.
new text end

Sec. 10.

Minnesota Statutes 2016, section 201.022, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Voter records updated due to voting report. new text end

new text begin No later than eight weeks after
the election, the county auditor must use the statewide voter registration system to produce
a report that identifies each voter whose record indicates that it was updated due to voting.
The county auditor must investigate each record that is challenged for a reason related to
eligibility to determine if the voter appears to have been ineligible to vote. If the county
auditor determines that a voter appears to have been ineligible to vote and either registered
to vote or voted in the previous election, the county auditor must notify the law enforcement
agency or the county attorney as provided in section 201.275.
new text end

Sec. 11.

Minnesota Statutes 2016, section 201.022, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Inactive voter report. new text end

new text begin By November 6, 2018, the secretary of state must develop
a report within the statewide voter registration system that provides information on inactive
voters who registered on election day and were possibly ineligible. For elections on or after
November 6, 2018, no later than eight weeks after the election, the county auditor must use
the statewide voter registration system to produce the report. The county auditor must
investigate each record to determine if the voter appears to have been ineligible to vote. If
the county auditor determines that a voter appears to have been ineligible to vote and
registered to vote in the previous election, the county auditor must notify the law enforcement
agency or the county attorney as provided in section 201.275.
new text end

Sec. 12.

Minnesota Statutes 2016, section 240.01, is amended by adding a subdivision to
read:


new text begin Subd. 18a. new text end

new text begin Racing or gaming-related vendor. new text end

new text begin "Racing or gaming-related vendor"
means any person or entity that manufactures, sells, provides, distributes, repairs, or maintains
equipment or supplies used at a Class A facility or provides services to a Class A facility
or Class B license holder that are directly related to the running of a horse race, simulcasting,
pari-mutuel betting, or card playing.
new text end

Sec. 13.

Minnesota Statutes 2016, section 240.02, subdivision 6, is amended to read:


Subd. 6.

Annual report.

The commission shall on February 15 of each new text beginodd-numbered
new text end year submit a report to the governor and legislature on its activities, organizational structure,
receipts and disbursements, and recommendations for changes in the laws relating to racing
and pari-mutuel betting.

Sec. 14.

Minnesota Statutes 2016, section 240.08, subdivision 5, is amended to read:


Subd. 5.

Revocation and suspension.

(a) The commission may revoke a class C license
for a violation of law or rule which in the commission's opinion adversely affects the integrity
of horse racing in Minnesota, the public health, welfare, or safety, or for an intentional false
statement made in a license application.

The commission may suspend a class C license for up to one year for a violation of law,
order or rule.

The commission may delegate to its designated agents the authority to impose suspensions
of class C licenses, and the revocation or suspension of a class C license may be appealed
to the commission according to its rules.

(b) deleted text beginA license revocation or suspensiondeleted text endnew text begin If the commission revokes or suspends a licensenew text end
for more than deleted text begin90deleted text endnew text begin 180new text end days deleted text beginisdeleted text endnew text begin, in lieu of appealing to the commission under paragraph (a),
the license holder has the right to request
new text end a contested case new text beginhearing new text endunder deleted text beginsections 14.57 to
14.69 of the Administrative Procedure Act and is in addition to criminal penalties imposed
for a violation of law or rule.
deleted text endnew text begin chapter 14. The request must be made in writing to the
commission by certified mail or personal service. A request sent by certified mail must be
postmarked within ten days after the license holder receives the revocation or suspension
order from the commission. A request sent by personal service must be received by the
commission within ten days after the license holder receives the revocation or suspension
order from the commission.
new text end The commission may summarily suspend a license for deleted text beginmore
than
deleted text endnew text begin up tonew text end 90 days deleted text beginprior to a contested case hearingdeleted text end where it is necessary to ensure the
integrity of racing or to protect the public health, welfare, or safety. new text beginThe license holder may
appeal a summary suspension by making a written request to the commission within five
calendar days after the license holder receives notice of the summary suspension.
new text endA deleted text begincontested
case
deleted text end hearing must be held within deleted text begin30deleted text endnew text begin tennew text end days of the new text begincommission's receipt of the request for
appeal of a
new text endsummary suspension deleted text beginand the administrative law judge's report must be issued
within 30 days from the close of the hearing record. In all cases involving summary
suspension the commission must issue its final decision within 30 days from receipt of the
report of the administrative law judge and subsequent exceptions and argument under section
14.61.
deleted text endnew text begin to determine whether the license should remain suspended pending a final disciplinary
action.
new text end

Sec. 15.

Minnesota Statutes 2016, section 240.131, subdivision 7, is amended to read:


Subd. 7.

Payments to state.

(a) A regulatory fee is imposed at the rate of one percent
of all amounts wagered by Minnesota residents with an authorized advance deposit wagering
provider. The fee shall be declared on a form prescribed by the commission. The ADW
provider must pay the fee to the commission no more than deleted text beginsevendeleted text endnew text begin 15new text end days after the end of
the month in which the wager was made. Fees collected under this paragraph must be
deposited in the state treasury and credited to a racing and card-playing regulation account
in the special revenue fund and are appropriated to the commission to offset the costs
associated with regulating horse racing and pari-mutuel wagering in Minnesota.

(b) A breeders fund fee is imposed in the amount of one-quarter of one percent of all
amounts wagered by Minnesota residents with an authorized advance deposit wagering
provider. The fee shall be declared on a form prescribed by the commission. The ADW
provider must pay the fee to the commission no more than deleted text beginsevendeleted text endnew text begin 15new text end days after the end of
the month in which the wager was made. Fees collected under this paragraph must be
deposited in the state treasury and credited to a racing and card-playing regulation account
in the special revenue fund and are appropriated to the commission to offset the cost of
administering the breeders fund and promote horse breeding in Minnesota.

Sec. 16.

Minnesota Statutes 2016, section 240.22, is amended to read:


240.22 FINES.

(a) The commission shall by rule establish a schedule of civil fines for violations of laws
related to horse racing or of the commission's rules. The schedule must be based on and
reflect the culpability, frequency and severity of the violator's actions. The commission may
impose a fine from this schedule on a licensee for a violation of those rules or laws relating
to horse racing. The fine is in addition to any criminal penalty imposed for the same violation.
Fines imposed by the commission must be paid to the commission and except as provided
in paragraph (c), forwarded to the commissioner of management and budget for deposit in
the state treasury and credited to a racing and card-playing regulation account in the special
revenue fund and appropriated to the commission new text beginto distribute in the form of grants, contracts,
or expenditures
new text endto support racehorse adoption, retirement, and repurposing.

(b) If the commission issues a fine in excess of $5,000, the license holder has the right
to request a contested case hearing under chapter 14, to be held as set forth in Minnesota
Rules, chapter 1400. The appeal of a fine must be made in writing to the commission by
certified mail or personal service. An appeal sent by certified mail must be postmarked
within ten days after the license holder receives the fine order from the commission. An
appeal sent by personal service must be received by the commission within ten days after
the license holder receives the fine order from the commission.

(c) If the commission is the prevailing party in a contested case proceeding, the
commission may recover, from amounts to be forwarded under paragraph (a), reasonable
attorney fees and costs associated with the contested case.

Sec. 17.

Minnesota Statutes 2016, section 270C.13, subdivision 1, is amended to read:


Subdivision 1.

Biennial report.

The commissioner shall report to the legislature by
March 1 of each odd-numbered year on the overall incidence of the income tax, sales and
excise taxes, and property tax. The report shall present information on the distribution of
the tax burden as follows: (1) for the overall income distribution, using a systemwide
incidence measure such as the Suits index or other appropriate measures of equality and
inequality; (2) by income classes, including at a minimum deciles of the income distribution;
and (3) by other appropriate taxpayer characteristics.new text begin The report must also include information
on the distribution of the burden of federal taxes borne by Minnesota residents.
new text end

Sec. 18.

Minnesota Statutes 2016, section 349A.06, subdivision 11, is amended to read:


Subd. 11.

Cancellation, suspension, and refusal to renew contracts or locations.

(a)
The director shall cancel the contract of any lottery retailer or prohibit a lottery retailer from
selling lottery tickets at a business location who:

(1) has been convicted of a felony or gross misdemeanor;

(2) has committed fraud, misrepresentation, or deceit;

(3) has provided false or misleading information to the lottery; or

(4) has acted in a manner prejudicial to public confidence in the integrity of the lottery.

(b) The director may cancel, suspend, or refuse to renew the contract of any lottery
retailer or prohibit a lottery retailer from selling lottery tickets at a business location who:

(1) changes business location;

(2) fails to account for lottery tickets received or the proceeds from tickets sold;

(3) fails to remit funds to the director in accordance with the director's rules;

(4) violates a law or a rule or order of the director;

(5) fails to comply with any of the terms in the lottery retailer's contract;

(6) fails to file a bond, securities, or a letter of credit as required under subdivision 3;

(7) in the opinion of the director fails to maintain a sufficient sales volume to justify
continuation as a lottery retailer; deleted text beginor
deleted text end

(8) has violated section 340A.503, subdivision 2, clause (1), two or more times within
a two-year periodnew text begin; or
new text end

new text begin (9) has violated the rules adopted pursuant to subdivision 6, clause (1), requiring a lottery
retailer to retain appropriate amounts from gross receipts from the sale of lottery tickets in
order to pay prizes to holders of winning tickets, three or more times within a one-year
period
new text end.

(c) The director may also cancel, suspend, or refuse to renew a lottery retailer's contract
or prohibit a lottery retailer from selling lottery tickets at a business location if there is a
material change in any of the factors considered by the director under subdivision 2.

(d) A contract cancellation, suspension, refusal to renew, or prohibiting a lottery retailer
from selling lottery tickets at a business location under this subdivision is a contested case
under sections 14.57 to 14.69 and is in addition to any criminal penalties provided for a
violation of law or rule.

(e) The director may temporarily suspend a contract or temporarily prohibit a lottery
retailer from selling lottery tickets at a business location without notice for any of the reasons
specified in this subdivision provided that a hearing is conducted within seven days after a
request for a hearing is made by a lottery retailer. Within 20 days after receiving the
administrative law judge's report, the director shall issue an order vacating the temporary
suspension or prohibition or making any other appropriate order. If no hearing is requested
within 30 days of the temporary suspension or prohibition taking effect, the suspension or
prohibition becomes permanent unless the director vacates or modifies the order.

new text begin (f) A lottery retailer whose contract was solely canceled, suspended, or not renewed
pursuant to paragraph (b), clause (9), may petition the director to reinstate a canceled or
suspended contract, or enter into a new contract, after two years have passed since the order
took effect.
new text end

Sec. 19. new text beginVALUATION OF PIPELINE OPERATING PROPERTY;
ADMINISTRATIVE RULES.
new text end

new text begin (a) No later than January 1, 2019, the commissioner of revenue must adopt amendments
to applicable administrative rules, including Minnesota Rules, part 8100.0300, related to
the valuation of pipeline operating property in Minnesota. The amendments must be designed
to improve the valuation methodology so that it produces a more accurate estimate of market
value. The commissioner must consider recent agreements, settlements, and judgments
related to state-assessed pipeline operating property valuations that resulted in an increase
or decrease in assessed market value in developing the amendments required by this section.
new text end

new text begin (b) The commissioner may use the expedited rulemaking process under Minnesota
Statutes, section 14.389, to adopt the rules required by this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20. new text beginVALUATION METHOD OF PUBLIC UTILITY OPERATING PROPERTY;
REPORT.
new text end

new text begin (a) The commissioner of revenue shall prepare a report on the valuation of the operating
property of public utilities, as defined in Minnesota Statutes, section 216B.02, subdivision
4, in the state of Minnesota.
new text end

new text begin (b) The report must compile and explain, in detail, the number of state-assessed public
utility valuations that have been appealed in the last 20 years, the basis for the appeals, and
the extent to which the market value was increased or reduced, by agreement, settlement,
or judgment, and list and provide detail on the taxing jurisdictions that have been issued a
refund order in the last 20 years as a result of agreement, settlement, or judgment, including
the year and amount paid.
new text end

new text begin (c) The commissioner shall submit the report to the committees of the house of
representatives and senate having jurisdiction over taxes by December 1, 2018, and file the
report as required by Minnesota Statutes, section 3.195.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 21. new text beginNORDIC WORLD CUP SKI CHAMPIONSHIP.
new text end

new text begin (a) Upon request of U.S. Ski and Snowboard, The Loppet Foundation, or other affiliated
organization, the Minnesota Amateur Sports Commission must support the preparation and
submission of a competitive bid to host an International Ski Federation Nordic World Cup
Ski Championship event in Minnesota. If the event is awarded, the commission must partner
with the organizing committee as an event host. Commission activities may include but are
not limited to assisting in the development of public-private partnerships to support the
event; soliciting sponsors; participating in public outreach activities; permitting the
commission's facilities to be developed and used as event venues; and providing other
administrative, technical, logistical, or financial support, within available resources.
new text end

new text begin (b) Within 30 days after a bid is submitted and, if an event is awarded to Minnesota as
a host, within 30 days after receiving notice of the award, the commission must notify the
chairs and ranking minority members of the legislative committees with jurisdiction over
the commission. The notification must describe the commission's work in support of the
event and indicate whether the commission anticipates seeking supplemental state or local
funds or other public resources to continue that work.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
expires upon conclusion of a Nordic World Cup Ski Championship event hosted in
Minnesota.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 155A.28, subdivisions 1, 3, and 4, new text end new text begin are repealed effective
July 1, 2018.
new text end

ARTICLE 3

LEGISLATIVE BUDGET OFFICE

Section 1.

Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 1, is amended
to read:


Subdivision 1.

Establishment; duties.

The Legislative Budget Office is established
deleted text begin under control of the Legislative Coordinating Commissiondeleted text end to provide the house of
representatives and senate with nonpartisan, accurate, and timely information on the fiscal
impact of proposed legislation, without regard to political factors.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 2, is amended
to read:


Subd. 2.

new text beginDirector; new text endstaff.

The deleted text beginLegislative Coordinating Commissiondeleted text endnew text begin Legislative Budget
Office Oversight Commission
new text end must appoint a director deleted text beginwhodeleted text end new text beginand establish the director's duties.
The director
new text endmay hire staff necessary to do the work of the office. The director servesnew text begin in
the unclassified service for
new text end a term of six years and may not be removed during a term except
for causenew text begin after a public hearingnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Uniform standards and procedures. new text end

new text begin The director of the Legislative Budget
Office must adopt uniform standards and procedures governing the timely preparation of
fiscal notes as required by this section and section 3.98. The standards and procedures are
not effective until they are approved by the Legislative Budget Office Oversight Commission.
Upon approval, the standards and procedures must be published in the State Register and
on the office's Web site.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2019, except that the
uniform standards and procedures to be used may be developed and adopted by the oversight
commission prior to the effective date of this section.
new text end

Sec. 4.

Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Access to data; treatment. new text end

new text begin Upon request of the director of the Legislative
Budget Office, the head or chief administrative officer of each department or agency of
state government, including the Supreme Court, must promptly supply data that are used
to prepare a fiscal note, including data that are not public data under section 13.64 or other
applicable law, unless there are federal laws or regulations that prohibit the provision of the
not public data for this purpose. Not public data supplied under this subdivision may only
be used by the Legislative Budget Office to review a department or agency's work in
preparing a fiscal note and may not be used or disseminated for any other purpose, including
use by or dissemination to a legislator or to any officer, department, agency, or committee
within the legislative branch. Violation of this subdivision by the director or other staff of
the Legislative Budget Office is cause for removal, suspension without pay, or immediate
dismissal at the direction of the oversight commission.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2019.
new text end

Sec. 5.

Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Fiscal note delivery and posting. new text end

new text begin The director of the Legislative Budget Office
must deliver a completed fiscal note to the legislative committee chair who made the request,
and to the chief author of the legislation to which it relates. Within 24 hours of completion
of a fiscal note, the director of the Legislative Budget Office must post a completed fiscal
note on the office's public Web site. This subdivision does not apply to an unofficial fiscal
note that is not public data under section 13.64, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2019.
new text end

Sec. 6.

new text begin [3.8854] LEGISLATIVE BUDGET OFFICE OVERSIGHT COMMISSION.
new text end

new text begin (a) The Legislative Budget Office Oversight Commission consists of:
new text end

new text begin (1) two members of the senate appointed by the senate majority leader;
new text end

new text begin (2) two members of the senate appointed by the senate minority leader;
new text end

new text begin (3) two members of the house of representatives appointed by the speaker of the house;
and
new text end

new text begin (4) two members of the house of representatives appointed by the minority leader.
new text end

new text begin The director of the Legislative Budget Office is the executive secretary of the commission.
The chief nonpartisan fiscal analyst of the house of representatives, the lead nonpartisan
fiscal analyst of the senate, the commissioner of management and budget or a designee, and
the legislative auditor are ex officio, nonvoting members of the commission.
new text end

new text begin (b) Members serve at the pleasure of the appointing authority, or until they are not
members of the legislative body from which they were appointed. Appointing authorities
shall fill vacancies on the commission within 30 days of a vacancy being created.
new text end

new text begin (c) The commission shall meet in January of each odd-numbered year to elect its chair
and vice-chair. They shall serve until successors are elected. The chair and vice-chair shall
alternate biennially between the senate and the house of representatives. The commission
shall meet at the call of the chair. The members shall serve without compensation but may
be reimbursed for their reasonable expenses consistent with the rules of the legislature
governing expense reimbursement.
new text end

new text begin (d) The commission shall review the work of the Legislative Budget Office and make
recommendations, as the commission determines necessary, to improve the office's ability
to fulfill its duties, and shall perform other functions as directed by this section, and sections
3.8853 and 3.98.
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 3.98, subdivision 1, is amended to
read:


Subdivision 1.

Preparation; duties.

(a) The head or chief administrative officer of each
department or agency of the state government, including the Supreme Court, shall deleted text begincooperate
with the Legislative Budget Office and the Legislative Budget Office must
deleted text end prepare a fiscal
note new text beginconsistent with the standards and procedures adopted under section 3.8853, new text endat the
request of the chair of the standing committee to which a bill has been referred, or the chair
of the house of representatives Ways and Means Committee, or the chair of the senate
Committee on Finance.

deleted text begin (b) Upon request of the Legislative Budget Office, the head or chief administrative
officer of each department or agency of state government, including the Supreme Court,
must promptly supply all information necessary for the Legislative Budget Office to prepare
an accurate and timely fiscal note.
deleted text end

deleted text begin (c) The Legislative Budget Office may adopt standards and guidelines governing timing
of responses to requests for information and governing access to data, consistent with laws
governing access to data. Agencies must comply with these standards and guidelines and
the Legislative Budget Office must publish them on the office's Web site.
deleted text end

deleted text begin (d)deleted text endnew text begin (b)new text end For purposes of this subdivision, "Supreme Court" includes all agencies,
committees, and commissions supervised or appointed by the state Supreme Court or the
state court administrator.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2019.
new text end

Sec. 8.

Minnesota Statutes 2016, section 10A.01, subdivision 35, is amended to read:


Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative auditor,
new text begin director of the Legislative Budget Office, new text endchief clerk of the house of representatives, revisor
of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
Senate Counsel, Research, and Fiscal Analysis, House Research, or the House Fiscal Analysis
Department;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a state
board or commission that has either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend, or
repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of Administrative
Hearings or unemployment law judge in the Department of Employment and Economic
Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the Department
of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

(17) member of the board of directors or executive director of the Minnesota State High
School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management organization
as defined under section 103B.205, subdivision 13;

(21) supervisor of a soil and water conservation district;

(22) director of Explore Minnesota Tourism;

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section
97A.056;

(24) citizen member of the Clean Water Council established in section 114D.30;

(25) member or chief executive of the Minnesota Sports Facilities Authority established
in section 473J.07;

(26) district court judge, appeals court judge, or Supreme Court justice;

(27) county commissioner;

(28) member of the Greater Minnesota Regional Parks and Trails Commission; or

(29) member of the Destination Medical Center Corporation established in section
469.41.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 9.

Minnesota Statutes 2016, section 13.64, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Fiscal note data must be shared with Legislative Budget Office. new text end

new text begin A head or
chief administrative officer of a department or agency of the state government, including
the Supreme Court, must provide data that are used to prepare a fiscal note, including data
that are not public data under this section to the director of the Legislative Budget Office
upon the director's request and consistent with section 3.8853, subdivision 4, unless there
are federal laws or regulations that prohibit the provision of the not public data for this
purpose. The data must be supplied according to any standards and procedures adopted
under section 3.8853, subdivision 3, including any standards and procedures governing
timeliness. Notwithstanding section 13.05, subdivision 9, a responsible authority may not
require the Legislative Budget Office to pay a cost for supplying data requested under this
subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2019.
new text end

Sec. 10.

Laws 2017, First Special Session chapter 4, article 2, section 1, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJanuary 8, 2019deleted text endnew text begin July 1, 2018new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 11.

Laws 2017, First Special Session chapter 4, article 2, section 3, the effective date,
is amended to read:


EFFECTIVE DATE.

new text beginExcept where otherwise provided by law, new text endthis section is effective
deleted text begin January 8, 2019deleted text endnew text begin July 1, 2018new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 12.

Laws 2017, First Special Session chapter 4, article 2, section 9, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJanuary 8, 2019deleted text endnew text begin September 1, 2019new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 13.

Laws 2017, First Special Session chapter 4, article 2, section 58, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJanuary 8, 2019.deleted text endnew text begin September 1, 2019.
The contract required under this section must be approved by the Legislative Budget Office
Oversight Commission and be executed no later than November 1, 2018, and must provide
for transfer of operational control of the fiscal note tracking system to the Legislative Budget
Office effective September 1, 2019.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 14. new text beginLEGISLATIVE BUDGET OFFICE OVERSIGHT COMMISSION; FIRST
APPOINTMENTS; FIRST CHAIR; FIRST MEETING.
new text end

new text begin Appointments to the Legislative Budget Office Oversight Commission under Minnesota
Statutes, section 3.8854, must be made by July 1, 2018. The chair of the Legislative
Coordinating Commission must designate one appointee to convene the commission's first
meeting and serve as its chair until a chair is elected by the commission as provided in
Minnesota Statutes, section 3.8854. The designated appointee must convene the first meeting
no later than July 15, 2018.
new text end

Sec. 15. new text beginLEGISLATIVE BUDGET OFFICE DIRECTOR ORIENTATION AND
TRAINING.
new text end

new text begin Before September 1, 2019, the commissioner of management and budget shall provide
orientation and training to the director of the Legislative Budget Office and any staff of the
Legislative Budget Office designated by the director on the use of the fiscal note system.
The commissioner of management and budget must provide opportunities to the director
of the Legislative Budget Office and staff designated by the director of the Legislative
Budget Office to learn from the Department of Management and Budget's work on fiscal
note requests during the 2019 regular legislative session to facilitate the transfer of duties
required by this act.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2017 Supplement, section 3.98, subdivision 4, new text end new text begin is repealed effective
September 1, 2019.
new text end

new text begin (b) new text end new text begin Laws 2017, First Special Session chapter 4, article 2, section 59, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment unless
a different date is specified.
new text end

ARTICLE 4

INFORMATION TECHNOLOGY

Section 1.

new text begin [3.9736] EVALUATION OF INFORMATION TECHNOLOGY
PROJECTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "information technology project"
means a project managed or performed by the Office of MN.IT Services on behalf of a state
agency.
new text end

new text begin Subd. 2. new text end

new text begin Selection of project for review; schedule for evaluation; report. new text end

new text begin Annually,
the legislative auditor may submit to the Legislative Audit Commission a list of three to
five information technology projects proposed for review. In selecting projects to include
on the list, the legislative auditor may consider the cost of the project to the state, the impact
of the project on state agencies and public users, and the legislature's interest in ensuring
that state agencies meet the needs of the public. The legislative auditor may include
completed projects and ongoing projects and shall give particular consideration to forensic
review of high-profile problematic projects from which recommendations may be developed
to prevent problems on future projects. Annually, the Legislative Audit Commission may
select at least one information technology project for the legislative auditor's evaluation.
The legislative auditor may evaluate the selected information technology project according
to an evaluation plan established under subdivision 3 and submit a written report to the
Legislative Audit Commission.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation plan. new text end

new text begin The Legislative Audit Commission may establish an evaluation
plan that identifies elements the legislative auditor must include in an evaluation of an
information technology project. The Legislative Audit Commission may modify the
evaluation plan as needed.
new text end

Sec. 2.

Minnesota Statutes 2016, section 16A.11, subdivision 1, is amended to read:


Subdivision 1.

When.

The governor shall submit a three-part budget to the legislature.
Parts one and two, the budget message and detailed operating budget, must be submitted
by the fourth Tuesday in January in each odd-numbered year. However, in a year following
the election of a governor who had not been governor the previous year, parts one and two
must be submitted by the third Tuesday in February. Part three, the detailed recommendations
as to capital expenditure, must be submitted as follows: agency capital budget requests by
July 15 of each odd-numbered year, and governor's recommendations by January 15 of each
even-numbered year. deleted text beginDetailed recommendations as to information technology expenditure
must be submitted as part of the detailed operating budget. Information technology
recommendations must include projects to be funded during the next biennium and planning
estimates for an additional two bienniums. Information technology recommendations must
specify purposes of the funding such as infrastructure, hardware, software, or training.
deleted text end

Sec. 3.

Minnesota Statutes 2016, section 16A.11, is amended by adding a subdivision to
read:


new text begin Subd. 6a. new text end

new text begin Information technology and cyber security. new text end

new text begin (a) Detailed recommendations
as to information and telecommunications technology systems and services expenditures
must be submitted as part of the detailed operating budget. These recommendations must
include projects to be funded during the next biennium and planning estimates for an
additional two bienniums and must specify purposes of the funding, such as infrastructure,
hardware, software, or training. The detailed operating budget must also separately
recommend expenditures for the maintenance and enhancement of cyber security for the
state's information and telecommunications technology systems and services.
new text end

new text begin (b) The commissioner of management and budget, in consultation with the state chief
information officer, shall establish budget guidelines for the recommendations required by
this subdivision. Unless otherwise set by the commissioner at a higher amount, the amount
to be budgeted each fiscal year for maintenance and enhancement of cyber security must
be at least 3.5 percent of a department's or agency's total operating budget for information
and telecommunications technology systems and services in that year.
new text end

new text begin (c) As used in this subdivision:
new text end

new text begin (1) "cyber security" has the meaning given in section 16E.03, subdivision 1, paragraph
(d); and
new text end

new text begin (2) "information and telecommunications technology systems and services" has the
meaning given in section 16E.03, subdivision 1, paragraph (a).
new text end

Sec. 4.

Minnesota Statutes 2016, section 16E.03, subdivision 7, is amended to read:


Subd. 7.

Cyber security systems.

In consultation with the attorney general and
appropriate agency heads, the chief information officer shall develop cyber security policies,
guidelines, and standards, and shall install and administer state data security systems on the
state's computer facilities consistent with these policies, guidelines, standards, and state law
to ensure the integrity of computer-based and other data and to ensure applicable limitations
on access to data, consistent with the public's right to know as defined in chapter 13. The
chief information officer is responsible for overall security of state agency networks
connected to the Internet. Each department or agency head is responsible for the security
of the department's or agency's data within the guidelines of established enterprise policy.new text begin
Unless otherwise expressly provided by law, at least 3.5 percent of each department's or
agency's expenditures in a fiscal year for information and telecommunications technology
systems and services must be directed to the maintenance and enhancement of cyber security.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018, and applies to expenditures
in fiscal years beginning on or after that date.
new text end

ARTICLE 5

ENERGY POLICY

Section 1.

Minnesota Statutes 2017 Supplement, section 116C.779, subdivision 1, is
amended to read:


Subdivision 1.

Renewable development account.

(a) The renewable development
account is established as a separate account in the special revenue fund in the state treasury.
Appropriations and transfers to the account shall be credited to the account. Earnings, such
as interest, dividends, and any other earnings arising from assets of the account, shall be
credited to the account. Funds remaining in the account at the end of a fiscal year are not
canceled to the general fund but remain in the account until expended. The account shall
be administered by the commissioner of management and budget as provided under this
section.

(b) On July 1, 2017, the public utility that owns the Prairie Island nuclear generating
plant must transfer all funds in the renewable development account previously established
under this subdivision and managed by the public utility to the renewable development
account established in paragraph (a). Funds awarded to grantees in previous grant cycles
that have not yet been expended and unencumbered funds required to be paid in calendar
year 2017 under paragraphs new text begin(e) and new text end(f) deleted text beginand (g)deleted text end, and sections 116C.7792 and 216C.41, are
not subject to transfer under this paragraph.

(c) deleted text beginExcept as provided in subdivision 1a,deleted text end Beginning January 15, deleted text begin2018deleted text endnew text begin 2019new text end, and
continuing each January 15 thereafter, the public utility that owns the Prairie Island new text beginand
Monticello
new text endnuclear generating deleted text beginplantdeleted text endnew text begin plantsnew text end must transfer to the renewable development
account deleted text begin$500,000 each year for each dry cask containing spent fuel that is located at the
Prairie Island power plant for
deleted text endnew text begin the following amountsnew text end each year deleted text beginthedeleted text endnew text begin eithernew text end plant is in operationdeleted text begin,
and $7,500,000 each year the plant is not in operation
deleted text endnew text begin: (1) $23,000,000 in 2019; (2)
$28,000,000 in 2020; (3) $28,000,000 in 2021; and (4) $20,000,000 beginning in 2022 and
each year thereafter.
new text end If ordered by the commission pursuant to paragraph deleted text begin(i).deleted text end new text begin(h), the public
utility must transfer $7,500,000 each year the Prairie Island plant is not in operation and
$5,250,000 each year the Monticello plant is not in operation.
new text endThe fund transfer must be
made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility
at Prairie Island new text beginor Monticello new text endfor any part of a year.

deleted text begin (d) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter, the public utility that owns the Monticello nuclear generating
plant must transfer to the renewable development account $350,000 each year for each dry
cask containing spent fuel that is located at the Monticello nuclear power plant for each
year the plant is in operation, and $5,250,000 each year the plant is not in operation if ordered
by the commission pursuant to paragraph (i). The fund transfer must be made if nuclear
waste is stored in a dry cask at the independent spent-fuel storage facility at Monticello for
any part of a year.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end Each year, the public utility shall withhold from the funds transferred to the
renewable development account under deleted text beginparagraphsdeleted text endnew text begin paragraphnew text end (c) deleted text beginand (d)deleted text end the amount necessary
to pay its obligations new text beginfor that calendar year new text endunder paragraphs new text begin(e), new text end(f) deleted text beginand (g)deleted text end,new text begin (j), and (n),new text end
and sections 116C.7792 and 216C.41deleted text begin, for that calendar yeardeleted text end.

deleted text begin (f)deleted text endnew text begin (e)new text end If the commission approves a new or amended power purchase agreement, the
termination of a power purchase agreement, or the purchase and closure of a facility under
section 216B.2424, subdivision 9, with an entity that uses poultry litter to generate electricity,
the public utility subject to this section shall enter into a contract with the city in which the
poultry litter plant is located to provide grants to the city for the purposes of economic
development on the following schedule: $4,000,000 in fiscal year 2018; $6,500,000 each
fiscal year in 2019 and 2020; and $3,000,000 in fiscal year 2021. The grants shall be paid
by the public utility from funds withheld from the transfer to the renewable development
account, as provided in paragraphs (b) and deleted text begin(e)deleted text endnew text begin (d)new text end.

deleted text begin (g)deleted text end new text begin(f) new text endIf the commission approves a new or amended power purchase agreement, or the
termination of a power purchase agreement under section 216B.2424, subdivision 9, with
an entity owned or controlled, directly or indirectly, by two municipal utilities located north
of Constitutional Route No. 8, that was previously used to meet the biomass mandate in
section 216B.2424, the public utility that owns a nuclear generating plant shall enter into a
grant contract with such entity to provide $6,800,000 per year for five years, commencing
30 days after the commission approves the new or amended power purchase agreement, or
the termination of the power purchase agreement, and on each June 1 thereafter through
2021, to assist the transition required by the new, amended, or terminated power purchase
agreement. The grant shall be paid by the public utility from funds withheld from the transfer
to the renewable development account as provided in paragraphs (b) and deleted text begin(e)deleted text endnew text begin (d)new text end.

deleted text begin (h)deleted text end new text begin(g) new text endThe collective amount paid under the grant contracts awarded under paragraphs
new text begin (e) and new text end(f) deleted text beginand (g)deleted text end is limited to the amount deposited into the renewable development account,
and its predecessor, the renewable development account, established under this section, that
was not required to be deposited into the account under Laws 1994, chapter 641, article 1,
section 10.

deleted text begin (i)deleted text endnew text begin (h)new text end After discontinuation of operation of the Prairie Island nuclear plant or the
Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the
discontinued facility, the commission shall require the public utility to pay $7,500,000 for
the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello
facility for any year in which the commission finds, by the preponderance of the evidence,
that the public utility did not make a good faith effort to remove the spent nuclear fuel stored
at the facility to a permanent or interim storage site out of the state. This determination shall
be made at least every two years.

new text begin (i) The public utility must annually file with the commission a petition to recover through
a rider mechanism all funds it is required to transfer or withhold under paragraphs (c) to (f)
for the next year. The commission must approve a reasonable cost recovery schedule for
all funds under this paragraph.
new text end

new text begin (j) On or before January 15 of each year, the public utility must file a petition with the
commission identifying the amounts withheld by the public utility the prior year under
paragraph (d) and the amount actually paid the prior year for obligations identified in
paragraph (d). If the amount actually paid is less than the amount withheld, the public utility
must deduct the surplus from the amount withheld for the current year under paragraph (d).
If the amount actually paid is more than the amount withheld, the public utility must add
the deficiency amount to the amount withheld for the current year under paragraph (d). Any
surplus remaining in the account after all programs identified in paragraph (d) are terminated
must be returned to the public utility's customers.
new text end

deleted text begin (j)deleted text endnew text begin (k)new text end Funds in the account may be expended only for any of the following purposes:

(1) to stimulate research and development of renewable electric energy technologies;

(2) to encourage grid modernization, including, but not limited to, projects that implement
electricity storage, load control, and smart meter technology; and

(3) to stimulate other innovative energy projects that reduce demand and increase system
efficiency and flexibility.

Expenditures from the fund must benefit Minnesota ratepayers receiving electric service
from the utility that owns a nuclear-powered electric generating plant in this state or the
Prairie Island Indian community or its members.

The utility that owns a nuclear generating plant is eligible to apply for grants under this
subdivision.

deleted text begin (k)deleted text endnew text begin (l)new text end For the purposes of paragraph deleted text begin(j)deleted text endnew text begin (k)new text end, the following terms have the meanings
given:

(1) "renewable" has the meaning given in section 216B.2422, subdivision 1, paragraph
(c), clauses (1), (2), (4), and (5); and

(2) "grid modernization" means:

(i) enhancing the reliability of the electrical grid;

(ii) improving the security of the electrical grid against cyberthreats and physical threats;
and

(iii) increasing energy conservation opportunities by facilitating communication between
the utility and its customers through the use of two-way meters, control technologies, energy
storage and microgrids, technologies to enable demand response, and other innovative
technologies.

deleted text begin (l)deleted text endnew text begin (m)new text end A renewable development account advisory group that includes, among others,
representatives of the public utility and its ratepayers, and includes at least one representative
of the Prairie Island Indian community appointed by that community's tribal council, shall
develop recommendations on account expenditures. new text beginMembers of the advisory group must
be chosen by the public utility.
new text endThe advisory group must design a request for proposal and
evaluate projects submitted in response to a request for proposals. The advisory group must
utilize an independent third-party expert to evaluate proposals submitted in response to a
request for proposal, including all proposals made by the public utility. A request for proposal
for research and development under paragraph deleted text begin(j)deleted text endnew text begin (k)new text end, clause (1), may be limited to or include
a request to higher education institutions located in Minnesota for multiple projects authorized
under paragraph deleted text begin(j)deleted text endnew text begin (k)new text end, clause (1). The request for multiple projects may include a provision
that exempts the projects from the third-party expert review and instead provides for project
evaluation and selection by a merit peer review grant system. In the process of determining
request for proposal scope and subject and in evaluating responses to request for proposals,
the advisory group must strongly consider, where reasonable, potential benefit to Minnesota
citizens and businesses and the utility's ratepayers.

new text begin (n) The cost of acquiring the services of the independent third-party expert described in
paragraph (m) and any other reasonable costs incurred to administer the advisory group and
its actions required by this section must be paid from funds withheld by the public utility
under paragraph (d). The total amount withheld under this paragraph must not exceed
$125,000 each year.
new text end

deleted text begin (m)deleted text end new text begin(o) new text endThe advisory group shall submit funding recommendations to the public utility,
which has full and sole authority to determine which expenditures shall be submitted by
the advisory group to the deleted text beginlegislaturedeleted text endnew text begin commissionnew text end. The commission may approve proposed
expenditures, may disapprove proposed expenditures that it finds not to be in compliance
with this subdivision or otherwise not in the public interest, and may, if agreed to by the
public utility, modify proposed expenditures. The commission shall, by order, submit its
funding recommendations to the legislature as provided under paragraph deleted text begin(n)deleted text endnew text begin (p)new text end.

deleted text begin (n)deleted text endnew text begin (p)new text end The commission shall present its recommended appropriations from the account
to the senate and house of representatives committees with jurisdiction over energy policy
and finance annually by February 15. Expenditures from the account must be appropriated
by law. In enacting appropriations from the account, the legislature:

(1) may approve or disapprove, but may not modify, the amount of an appropriation for
a project recommended by the commission; and

(2) may not appropriate money for a project the commission has not recommended
funding.

deleted text begin (o)deleted text endnew text begin (q)new text end A request for proposal for renewable energy generation projects must, when
feasible and reasonable, give preference to projects that are most cost-effective for a particular
energy source.

deleted text begin (p)deleted text endnew text begin (r)new text end The advisory group must annually, by February 15, report to the chairs and ranking
minority members of the legislative committees with jurisdiction over energy policy on
projects funded by the account new text beginunder paragraph (k) new text endfor the prior year and all previous years.
The report must, to the extent possible and reasonable, itemize the actual and projected
financial benefit to the public utility's ratepayers of each project.

new text begin (s) By June 1, 2018, and each June 1 thereafter, the public utility that owns the Prairie
Island Nuclear Electric Generating Plant must submit to the commissioner of management
and budget an estimate of the amount the public utility will deposit into the account the
following January 15, based on the provisions of paragraphs (c) to (h) and any appropriations
made from the fund during the most recent legislative session.
new text end

deleted text begin (q)deleted text endnew text begin (t)new text end By deleted text beginFebruary 1deleted text end new text beginJune 30new text end, 2018, and each deleted text beginFebruary 1deleted text end new text beginJune 30 new text endthereafter, the
commissioner of management and budget deleted text beginshalldeleted text endnew text begin must estimate the balance in the account as
of the following January 31, taking into account the balance in the account as of June 30
and the information provided under paragraph (r). By July 15, 2018, and each July 15
thereafter, the commissioner of management and budget must
new text end submit a written report
regarding the availability of funds in and obligations of the account to the chairs and ranking
minority members of the senate and house committees with jurisdiction over energy policy
and finance, the public utility, and the advisory group.new text begin If more than $15,000,000 is estimated
to be available in the account as of January 31, the advisory group must, by January 31 the
next year, issue a request for proposals to initiate a grant cycle for the purposes of paragraph
(k).
new text end

deleted text begin (r)deleted text endnew text begin (u)new text end A project receiving funds from the account must produce a written final report
that includes sufficient detail for technical readers and a clearly written summary for
nontechnical readers. The report must include an evaluation of the project's financial,
environmental, and other benefits to the state and the public utility's ratepayers.

deleted text begin (s)deleted text endnew text begin (v)new text end Final reports, any mid-project status reports, and renewable development account
financial reports must be posted online on a public Web site designated by the commissioner
of commerce.

deleted text begin (t)deleted text endnew text begin (w)new text end All final reports must acknowledge that the project was made possible in whole
or part by the Minnesota renewable development account, noting that the account is financed
by the public utility's ratepayers.

deleted text begin (u)deleted text endnew text begin (x)new text end Of the amount in the renewable development account, priority must be given to
making the payments required under section 216C.417.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 116C.7792, is amended to read:


116C.7792 SOLAR ENERGY INCENTIVE PROGRAM.

new text begin (a) new text endThe utility subject to section 116C.779 deleted text beginshalldeleted text endnew text begin mustnew text end operate a program to provide solar
energy production incentives for solar energy systems of no more than a total new text beginaggregate
new text end nameplate capacity of deleted text begin20deleted text end new text begin40 new text endkilowatts direct currentnew text begin per premises. The owner of a solar
energy system installed before June 1, 2018, is eligible to receive a production incentive
under this section for any additional solar energy systems constructed at the same customer
location, provided the aggregate capacity of all systems at the customer location does not
exceed 40 kilowatts
new text end.

new text begin (b) new text endThe program deleted text beginshalldeleted text endnew text begin mustnew text end be operated for eight consecutive calendar years commencing
in 2014. $5,000,000 deleted text beginshalldeleted text endnew text begin mustnew text end be allocated in each of the first four years, $15,000,000 in
the fifth year, $10,000,000 in each of the sixth and seventh years, and $5,000,000 in the
eighth year from funds withheld from transfer to the renewable development account under
section 116C.779, subdivision 1, deleted text beginparagraphs (b) and (e)deleted text endnew text begin paragraph (d)new text end, and placed in a
separate account for deleted text beginthe purpose ofdeleted text end the solar production incentive programnew text begin operated by the
utility. Money in the separate account must not be used for any other program or purpose.
Any unspent amount allocated in the fifth year is available until December 31 of the sixth
year. Any unspent amount remaining at the end of an allocation year must be transferred
to the renewable development account or returned to customers
new text end.

new text begin (c)new text end The solar new text beginenergy new text endsystem must be sized to less than 120 percent of the customer's
on-site annual energy consumptionnew text begin when combined with other distributed generation
resources and subscriptions provided under section 216B.1641 associated with the premise
new text end.
The production incentive must be paid for ten years commencing with the commissioning
of the system.

new text begin (d)new text end The utility must file a plan to operate the program with the commissioner of
commerce. The utility may not operate the program until it is approved by the commissioner.new text begin
A change to the program to include projects up to a nameplate capacity of 40 kilowatts does
not require the utility to file an amended plan with the commissioner. Any plan approved
by the commissioner of commerce must not provide an increased incentive over prior years
unless the commissioner demonstrates that changes in the market for solar energy facilities
require an increase.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 3.

new text begin [116C.7793] PRAIRIE ISLAND NET ZERO PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The Prairie Island Net Zero Project is established
with the goal of the Prairie Island Indian Community developing an energy system that
results in net zero emissions.
new text end

new text begin Subd. 2. new text end

new text begin Grant. new text end

new text begin The commissioner of employment and economic development must
enter into a grant contract with the Prairie Island Indian Community to provide the amounts
appropriated each year under subdivision 4 to stimulate research, development, and
implementation of renewable energy projects benefiting the Prairie Island Indian Community
or its members. Any examination conducted by the commissioner of employment and
economic development to determine the sufficiency of the financial stability and capacity
of the Prairie Island Indian Community to carry out the purposes of this grant is limited to
the Community Services Department of the Prairie Island Indian Community.
new text end

new text begin Subd. 3. new text end

new text begin Plan; report. new text end

new text begin The Prairie Island Indian Community must file a plan with the
commissioner of employment and economic development no later than July 1, 2019,
describing the Prairie Island Net Zero Project elements and implementation strategy. The
Prairie Island Indian Community must file a report on July 1, 2020, and each July 1 thereafter
through 2025, describing the progress made in implementing the project and the uses of
expended funds.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation. new text end

new text begin Notwithstanding section 116C.779, subdivision 1, paragraph
(k), $3,000,000 in fiscal year 2019, $7,000,000 in fiscal year 2020, $4,500,000 in fiscal
year 2021, $9,000,000 in fiscal year 2022, $8,000,000 in fiscal year 2023, and $8,500,000
in fiscal year 2024 are appropriated from the renewable development account under section
116C.779, subdivision 1, to the commissioner of employment and economic development
for a grant to the Prairie Island Indian Community for the purposes of this section. Any
funds remaining at the end of a fiscal year do not cancel to the renewable development
account but remain available until spent. This subdivision expires the day after the last
transfer of funds to the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Transfer. new text end

new text begin (a) Any funds appropriated under section 216C.417, subdivision 2,
that are unexpended at the end of a fiscal year are transferred to the commissioner of
employment and economic development for a grant to the Prairie Island Indian Community
for the purposes of this section.
new text end

new text begin (b) Beginning in fiscal year 2019 and continuing each year thereafter, on the day
following the public release of the February state budget forecast the commissioner of
management and budget must compare the obligation forecasted in each fiscal year for the
Made in Minnesota solar production incentive program under section 216C.417 with the
obligations forecasted under that program in the previous year's February state budget
forecast. If the amount in the most recent forecast in any one fiscal year is less than the
amount of the obligation forecasted for the same fiscal year in the previous February forecast,
the commissioner of management and budget must transfer the difference from the renewable
development account established in section 116C.779 to the commissioner of employment
and economic development for a grant to the Prairie Island Indian Community for the Prairie
Island Net Zero Project in section 116C.7793.
new text end

new text begin (c) The total amount appropriated and transferred from the renewable development
account under this subdivision and subdivision 4 must not exceed $45,000,000.
new text end

new text begin (d) This subdivision expires the day following the day that the total amount appropriated
and transferred from the renewable development account under this subdivision and
subdivision 4 equals $45,000,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 216B.16, is amended by adding a subdivision to
read:


new text begin Subd. 7e. new text end

new text begin Energy storage system pilot projects. new text end

new text begin (a) A public utility may petition the
commission under this section to recover costs associated with the implementation of an
energy storage system pilot project. As part of the petition, the public utility must submit a
report to the commission containing, at a minimum, the following information regarding
the proposed energy storage system pilot project:
new text end

new text begin (1) the storage technology utilized;
new text end

new text begin (2) the energy storage capacity and the duration of output at that capacity;
new text end

new text begin (3) the proposed location;
new text end

new text begin (4) the purchase and installation costs;
new text end

new text begin (5) how the project will interact with existing distributed generation resources on the
utility's grid; and
new text end

new text begin (6) the goals the project proposes to achieve, which may include controlling frequency
or voltage, mitigating transmission congestion, providing emergency power supplies during
outages, reducing curtailment of existing renewable energy generators, and reducing peak
power costs.
new text end

new text begin (b) A utility may petition the commission to approve a rate schedule that provides for
the automatic adjustment of charges to recover prudently incurred investments, expenses,
or costs associated with energy storage system pilot projects approved by the commission
under this subdivision. A petition filed under this subdivision must include the elements
listed in section 216B.1645, subdivision 2a, paragraph (b), clauses (1) to (4), and must
describe the benefits of the pilot project.
new text end

new text begin (c) The commission may approve, or approve as modified, a rate schedule filed under
this subdivision if it determines the proposed energy storage system pilot project is in the
public interest. A rate schedule filed under this subdivision may include the elements listed
in section 216B.1645, subdivision 2a, paragraph (a), clauses (1) to (5).
new text end

new text begin (d) The commission must make its determination under paragraph (c) within 90 days of
the filing under paragraph (a).
new text end

new text begin (e) Nothing in this subdivision prohibits or deters the deployment of energy storage
systems.
new text end

new text begin (f) For the purposes of this subdivision:
new text end

new text begin (1) "energy storage system" has the meaning given in section 216B.2422, subdivision
1; and
new text end

new text begin (2) "pilot project" means a project that is owned, operated, and controlled by a public
utility to optimize safe and reliable system operations and is deployed at a limited number
of locations in order to assess the technical and economic effectiveness of its operations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 216B.16, is amended by adding a subdivision to
read:


new text begin Subd. 13a. new text end

new text begin Pension and other benefits rate base. new text end

new text begin The commission must allow a public
utility to include in the rate base and recover from ratepayers combined pension and other
postemployment benefit costs. Postemployment benefit costs include retiree medical,
determined as the difference between accumulated contributions and accumulated expenses,
offset by related accumulated deferred income tax. A public utility is authorized to track
for future recovery any unrecovered return of pension and other postemployment rate base
costs and investments at the return on investment level established in the public utility's last
general rate case.
new text end

Sec. 6.

Minnesota Statutes 2016, section 216B.1641, is amended to read:


216B.1641 COMMUNITY SOLAR GARDEN.

(a) The public utility subject to section 116C.779 shall file by September 30, 2013, a
plan with the commission to operate a community solar garden program which shall begin
operations within 90 days after commission approval of the plan. Other public utilities may
file an application at their election. The community solar garden program must be designed
to offset the energy use of not less than five subscribers in each community solar garden
facility of which no single subscriber has more than a 40 percent interest. The owner of the
community solar garden may be a public utility or any other entity or organization that
contracts to sell the output from the community solar garden to the utility under section
216B.164. There shall be no limitation on the number or cumulative generating capacity of
community solar garden facilities other than the limitations imposed under section 216B.164,
subdivision 4c
, or other limitations provided in law or regulations.

(b) A solar garden is a facility that generates electricity by means of a ground-mounted
or roof-mounted solar photovoltaic device whereby subscribers receive a bill credit for the
electricity generated in proportion to the size of their subscription. The solar garden must
have a nameplate capacity of no more than one megawatt. Each subscription shall be sized
to represent at least 200 watts of the community solar garden's generating capacity and to
supply, when combined with other distributed generation resources serving the premises,
no more than 120 percent of the average annual consumption of electricity by each subscriber
at the premises to which the subscription is attributed.

(c) The solar generation facility must be located in the service territory of the public
utility filing the plan. Subscribers must be retail customers of the public utility located in
the same county or a county contiguous to where the facility is located.

(d) The public utility must purchase from the community solar garden all energy generated
by the solar garden. The purchase shall be at the rate calculated under section 216B.164,
subdivision 10
, or, until that rate for the public utility has been approved by the commission,
the applicable retail rate. A solar garden is eligible for any incentive programs offered under
either section 116C.7792 or section 216C.415. A subscriber's portion of the purchase shall
be provided by a credit on the subscriber's bill.

(e) The commission may approve, disapprove, or modify a community solar garden
program. Any plan approved by the commission must:

(1) reasonably allow for the creationdeleted text begin, financing,deleted text end and accessibility of community solar
gardens;

(2) establish uniform standards, fees, and processes for the interconnection of community
solar garden facilities that allow the utility to recover reasonable interconnection costs for
each community solar garden;

(3) not apply different requirements to utility and nonutility community solar garden
facilities;

(4) be consistent with the public interest;

(5) identify the information that must be provided to potential subscribers to ensure fair
disclosure of future costs and benefits of subscriptions;

(6) include a program implementation schedule;

(7) identify all proposed rules, fees, and charges; and

(8) identify the means by which the program will be promoted.

(f) Notwithstanding any other law, neither the manager of nor the subscribers to a
community solar garden facility shall be considered a utility solely as a result of their
participation in the community solar garden facility.

(g) Within 180 days of commission approval of a plan under this section, a utility shall
begin crediting subscriber accounts for each community solar garden facility in its service
territory, and shall file with the commissioner of commerce a description of its crediting
system.

(h) For the purposes of this section, the following terms have the meanings given:

(1) "subscriber" means a retail customer of a utility who owns one or more subscriptions
of a community solar garden facility interconnected with that utility; and

(2) "subscription" means a contract between a subscriber and the owner of a solar garden.

Sec. 7.

Minnesota Statutes 2017 Supplement, section 216B.1691, subdivision 2f, is amended
to read:


Subd. 2f.

Solar energy standard.

(a) In addition to the requirements of subdivisions 2a
and 2b, each public utility shall generate or procure sufficient electricity generated by solar
energy to serve its retail electricity customers in Minnesota so that by the end of 2020, at
least 1.5 percent of the utility's total retail electric sales to retail customers in Minnesota is
generated by solar energy.

(b) For a public utility with more than 200,000 retail electric customers, at least ten
percent of the 1.5 percent goal must be met by solar energy generated by or procured from
solar photovoltaic devices with a nameplate capacity of deleted text begin20deleted text endnew text begin 40new text end kilowatts or less.

(c) A public utility with between 50,000 and 200,000 retail electric customers:

(1) must meet at least ten percent of the 1.5 percent goal with solar energy generated by
or procured from solar photovoltaic devices with a nameplate capacity of 40 kilowatts or
less; and

(2) may apply toward the ten percent goal in clause (1) individual customer subscriptions
of 40 kilowatts or less to a community solar garden program operated by the public utility
that has been approved by the commission.

(d) The solar energy standard established in this subdivision is subject to all the provisions
of this section governing a utility's standard obligation under subdivision 2a.

(e) It is an energy goal of the state of Minnesota that, by 2030, ten percent of the retail
electric sales in Minnesota be generated by solar energy.

(f) For the purposes of calculating the total retail electric sales of a public utility under
this subdivision, there shall be excluded retail electric sales to customers that are:

(1) an iron mining extraction and processing facility, including a scram mining facility
as defined in Minnesota Rules, part 6130.0100, subpart 16; or

(2) a paper mill, wood products manufacturer, sawmill, or oriented strand board
manufacturer.

Those customers may not have included in the rates charged to them by the public utility
any costs of satisfying the solar standard specified by this subdivision.

(g) A public utility may not use energy used to satisfy the solar energy standard under
this subdivision to satisfy its standard obligation under subdivision 2a. A public utility may
not use energy used to satisfy the standard obligation under subdivision 2a to satisfy the
solar standard under this subdivision.

(h) Notwithstanding any law to the contrary, a solar renewable energy credit associated
with a solar photovoltaic device installed and generating electricity in Minnesota after
August 1, 2013, but before 2020 may be used to meet the solar energy standard established
under this subdivision.

(i) Beginning July 1, 2014, and each July 1 through 2020, each public utility shall file
a report with the commission reporting its progress in achieving the solar energy standard
established under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 8.

Minnesota Statutes 2017 Supplement, section 216B.241, subdivision 1d, is amended
to read:


Subd. 1d.

Technical assistance.

(a) The commissioner shall evaluate energy conservation
improvement programs on the basis of cost-effectiveness and the reliability of the
technologies employed. The commissioner shall, by order, establish, maintain, and update
energy-savings assumptions that must be used when filing energy conservation improvement
programs. The commissioner shall establish an inventory of the most effective energy
conservation programs, techniques, and technologies, and encourage all Minnesota utilities
to implement them, where appropriate, in their service territories. The commissioner shall
describe these programs in sufficient detail to provide a utility reasonable guidance
concerning implementation. The commissioner shall prioritize the opportunities in order of
potential energy savings and in order of cost-effectiveness. The commissioner may contract
with a third party to carry out any of the commissioner's duties under this subdivision, and
to obtain technical assistance to evaluate the effectiveness of any conservation improvement
program. The commissioner may assess up to $850,000 annually for the purposes of this
subdivision. The assessments must be deposited in the state treasury and credited to the
energy and conservation account created under subdivision 2a. An assessment made under
this subdivision is not subject to the cap on assessments provided by section 216B.62, or
any other law.

(b) Of the assessment authorized under paragraph (a), the commissioner may expend
deleted text begin up to $400,000 annuallydeleted text endnew text begin $800,000new text end for the purpose of developing, operating, maintaining,
and providing technical support for a uniform electronic data reporting and tracking system
available to all utilities subject to this section, in order to enable accurate measurement of
the cost and energy savings of the energy conservation improvements required by this
section. This paragraph expires June 30, deleted text begin2018deleted text end new text begin2019new text end.

new text begin (c) The commissioner must establish a utility stakeholder group to direct development
and maintenance of the tracking system available to all utilities. The utility stakeholder
group will direct 50 percent of the biennium expenditures. The utility stakeholder group
must include but is not limited to stakeholders representative of the Minnesota Rural Electric
Association, the Minnesota Municipal Utility Association, investor-owned utilities, municipal
power agencies, energy conservation organizations, and businesses that work in energy
efficiency. One of the stakeholder members must serve as chair. The utility stakeholder
group must develop and submit its work plan to the commissioner. The utility stakeholder
group must study alternative tracking system options, which must be submitted to the
commissioner with the work plan by January 15, 2020. The utility stakeholder group must
meet regularly at the call of the chair. Meetings of the utility stakeholder group are subject
to chapter 13D.
new text end

Sec. 9.

Minnesota Statutes 2016, section 216B.2422, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Utility" means an entity with the capability of generating 100,000 kilowatts or more
of electric power and serving, either directly or indirectly, the needs of 10,000 retail
customers in Minnesota. Utility does not include federal power agencies.

(c) "Renewable energy" means electricity generated through use of any of the following
resources:

(1) wind;

(2) solar;

(3) geothermal;

(4) hydro;

(5) trees or other vegetation;

(6) landfill gas; or

(7) predominantly organic components of wastewater effluent, sludge, or related
by-products from publicly owned treatment works, but not including incineration of
wastewater sludge.

(d) "Resource plan" means a set of resource options that a utility could use to meet the
service needs of its customers over a forecast period, including an explanation of the supply
and demand circumstances under which, and the extent to which, each resource option
would be used to meet those service needs. These resource options include using,
refurbishing, and constructing utility plant and equipment, buying power generated by other
entities, controlling customer loads, and implementing customer energy conservation.

(e) "Refurbish" means to rebuild or substantially modify an existing electricity generating
resource of 30 megawatts or greater.

new text begin (f) "Energy storage system" means a commercially available technology that:
new text end

new text begin (1) uses mechanical, chemical, or thermal processes to:
new text end

new text begin (i) store energy, including energy generated from renewable resources and energy that
would otherwise be wasted, and deliver the stored energy for use at a later time; or
new text end

new text begin (ii) store thermal energy for direct use for heating or cooling at a later time in a manner
that reduces the demand for electricity at the later time;
new text end

new text begin (2) is composed of stationary equipment;
new text end

new text begin (3) if being used for electric grid benefits, is operationally visible and capable of being
controlled by the distribution or transmission entity managing it, to enable and optimize the
safe and reliable operation of the electric system; and
new text end

new text begin (4) achieves any of the following:
new text end

new text begin (i) reduces peak or electrical demand;
new text end

new text begin (ii) defers the need or substitutes for an investment in electric generation, transmission,
or distribution assets;
new text end

new text begin (iii) improves the reliable operation of the electrical transmission or distribution systems,
while ensuring transmission or distribution needs are not created; or
new text end

new text begin (iv) lowers customer costs by storing energy when the cost of generating or purchasing
it is low and delivering it to customers when those costs are high.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 10.

Minnesota Statutes 2016, section 216B.2422, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Energy storage systems assessment. new text end

new text begin (a) Each public utility required to file a
resource plan under subdivision 2 must include in the filing an assessment of energy storage
systems that analyzes how the deployment of energy storage systems contributes to:
new text end

new text begin (1) meeting identified generation and capacity needs; and
new text end

new text begin (2) evaluating ancillary services.
new text end

new text begin (b) The assessment must employ appropriate modeling methods to enable the analysis
required in paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 11.

Minnesota Statutes 2017 Supplement, section 216B.62, subdivision 3b, is amended
to read:


Subd. 3b.

Assessment for department regional and national duties.

In addition to
other assessments in subdivision 3, the department may assess up to $500,000 per fiscal
year for performing its duties under section 216A.07, subdivision 3a. The amount in this
subdivision shall be assessed to energy utilities in proportion to their respective gross
operating revenues from retail sales of gas or electric service within the state during the last
calendar year and shall be deposited into an account in the special revenue fund and is
appropriated to the commissioner of commerce for the purposes of section 216A.07,
subdivision 3a
. An assessment made under this subdivision is not subject to the cap on
assessments provided in subdivision 3 or any other law. For the purpose of this subdivision,
an "energy utility" means public utilities, generation and transmission cooperative electric
associations, and municipal power agencies providing natural gas or electric service in the
state. This subdivision expires June 30, deleted text begin2018deleted text endnew text begin 2019new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 12.

Minnesota Statutes 2017 Supplement, section 216C.417, subdivision 2, is amended
to read:


Subd. 2.

Appropriation.

(a) Unspent money remaining in the account established under
Minnesota Statutes 2016, section 216C.412, on July 1, 2017, must be transferred to the
renewable development account in the special revenue fund established under Minnesota
Statutes, section 116C.779, subdivision 1.

(b) There is annually appropriated from the renewable development account in the special
revenue fund established in Minnesota Statutes, section 116C.779, to the commissioner of
commerce money sufficient to make the incentive payments required under Minnesota
Statutes 2016, section 216C.415. Any funds appropriated under this paragraph that are
unexpended deleted text beginat the end of a fiscal yeardeleted text end new text beginmust be transferred to the commissioner of employment
and economic development as provided under section 116C.7793, subdivision 5. Any funds
remaining after the transfer under this paragraph
new text endcancel to the renewable development
account.

(c) Notwithstanding Minnesota Statutes 2016, section 216C.412, subdivision 1, none of
this appropriation may be used for administrative costs.

Sec. 13.

Minnesota Statutes 2016, section 216D.04, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Contact information required. new text end

new text begin (a) An operator must furnish accurate contact
information necessary for underground facility damage prevention and damage response
requested by the notification center.
new text end

new text begin (b) The contact information for each affected operator must be available to the excavator
that provided notice under subdivision 1.
new text end

Sec. 14.

Laws 2017, chapter 94, article 10, section 28, is amended to read:


Sec. 28. PROGRAM ADMINISTRATION; "MADE IN MINNESOTA" SOLAR
THERMAL REBATES.

(a) No rebate may be paid under Minnesota Statutes 2016, section 216C.416, to an owner
of a solar thermal system whose application was approved by the commissioner of commerce
after the effective date of this act.

(b) Unspent money remaining in the account established under Minnesota Statutes 2014,
section 216C.416, as of July 2, 2017, must be transferred to the deleted text beginC-LEAFdeleted text endnew text begin renewable
development
new text end account established under Minnesota Statutes 2016, section 116C.779,
subdivision 1
.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 15.

Laws 2017, chapter 94, article 10, section 29, is amended to read:


Sec. 29. RENEWABLE DEVELOPMENT ACCOUNT; TRANSFER OF
UNEXPENDED GRANT FUNDS.

(a) No later than 30 days after the effective date of this section, the utility subject to
Minnesota Statutes, section 116C.779, subdivision 1, must notify in writing each person
who received a grant funded from the renewable development account deleted text beginpreviouslydeleted text end established
under that subdivision:

(1) after January 1, 2012; and

(2) before January 1, 2012, if the funded project remains incomplete as of the effective
date of this section.

The notice must contain the provisions of this section and instructions directing grant
recipients how unexpended funds can be transferred to the deleted text beginclean energy advancement funddeleted text endnew text begin
renewable development
new text end account.

(b) A recipient of a grant from the renewable development account deleted text beginpreviouslydeleted text end established
under Minnesota Statutes, section 116C.779, subdivision 1, must, no later than 30 days after
receiving the notice required under paragraph (a), transfer any grant funds that remain
unexpended as of the effective date of this section to the deleted text beginclean energy advancement funddeleted text endnew text begin
renewable development
new text end account if, by that effective date, all of the following conditions
are met:

(1) the grant was awarded more than five years before the effective date of this section;

(2) the grant recipient has failed to obtain control of the site on which the project is to
be constructed;

(3) the grant recipient has failed to secure all necessary permits or approvals from any
unit of government with respect to the project; and

(4) construction of the project has not begun.

(c) A recipient of a grant from the renewable development account deleted text beginpreviouslydeleted text end established
under Minnesota Statutes, section 116C.779, subdivision 1, must transfer any grant funds
that remain unexpended five years after the grant funds are received by the grant recipient
if, by that date, the conditions in paragraph (b), clauses (2) to (4), have been met. The grant
recipient must transfer the unexpended funds no later than 30 days after the fifth anniversary
of the receipt of the grant funds.

(d) A person who transfers funds to the deleted text beginclean energy advancement funddeleted text endnew text begin renewable
development
new text end account under this section is eligible to apply for funding from the deleted text beginclean energy
advancement fund
deleted text endnew text begin renewable developmentnew text end account.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 16.

new text begin BIOMASS BUSINESS COMPENSATION.
new text end

new text begin Subdivision 1. new text end

new text begin Office of Administrative Hearings; claims process. new text end

new text begin The chief
administrative law judge of the Office of Administrative Hearings must name an
administrative law judge to administer a claims award process to compensate businesses
negatively affected by the sale and closure of the biomass plant identified under Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (e). The administrative law judge may
establish a process, including the development of application forms, to consider claims for
affected businesses and issue awards to eligible businesses. An application form developed
for the process must, at a minimum, require the name of the business, the business address
and telephone number, and the name of a contact person.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin To be eligible for compensation, an affected business must verify
that as of May 1, 2017, it was operating under the terms of a valid contract or provide other
documentation demonstrating an ongoing business relationship of preparing, supplying, or
transporting products, fuel, or by-products to or from either the company operating the
biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1,
paragraph (e), or a fertilizer plant integrated with the biomass plant identified under
Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e).
new text end

new text begin Subd. 3. new text end

new text begin Calculating award. new text end

new text begin (a) An eligible business may make a claim for compensation
based on decreased net revenue and the loss of value of investments in real or personal
property essential to business operations with the biomass plant identified under Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (e). All such losses must be attributable
to the termination of the contract under Minnesota Statutes, section 216B.2424, subdivision
9.
new text end

new text begin (b) When filing a claim of decreased net revenue, an eligible business must demonstrate
the extent of its decreased business activity by providing copies of any contracts or other
documentation under subdivision 2, including financial statements showing the eligible
business's financial performance over the past five years for supplying or managing material
for, or receiving material from, the biomass plant identified under Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (e). The business must also present evidence
of any alternative business opportunities it has pursued or could pursue to mitigate the loss
of revenue from the termination of the contract, as the value of alternative opportunities
offsets compensation provided under this section.
new text end

new text begin (c) In filing a claim of loss of value of investments in real or personal property, an eligible
business must provide:
new text end

new text begin (1) evidence that the property was essential to fulfilling the contract with the biomass
plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e);
new text end

new text begin (2) evidence that the eligible business is unable to fully repurpose the property to another
productive use after the termination of the contract under Minnesota Statutes, section
216B.2424, subdivision 9; and
new text end

new text begin (3) documentation of the eligible business's investment in the property, minus any
economic depreciation.
new text end

new text begin An eligible business must also provide a valuation of the use, sales, salvage, or scrap value
of the property for which the loss is claimed, as the value of the property offsets compensation
provided under this section.
new text end

new text begin (d) A business seeking compensation under this section must report any payment received
from business interruption insurance policies, settlements, or other forms of compensation
related to the termination of the contract of the biomass plant identified under Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (e). All payments identified in this
paragraph offset compensation provided under this section.
new text end

new text begin (e) A business seeking compensation under this section must provide any other
documentation it deems appropriate, or as required by the administrative law judge, to
support its claim, including a narrative of the facts of the business claim that gives rise to
the request for compensation.
new text end

new text begin (f) Regardless of actual losses, an award of compensation must not exceed the average
of the eligible business's annual net revenue generated from a contract or business relationship
with the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision
1, paragraph (e), for the past five years, multiplied by two.
new text end

new text begin (g) Minnesota Statutes, section 13.591, applies to data submitted by a business requesting
compensation under this section.
new text end

new text begin Subd. 4. new text end

new text begin Priority. new text end

new text begin (a) The administrative law judge may give priority to claims by eligible
businesses that demonstrate a significant effort to:
new text end

new text begin (1) mitigate losses resulting from the closure of the biomass plant identified under
Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e); or
new text end

new text begin (2) repurpose the business for another use through retasking and retooling.
new text end

new text begin (b) The administrative law judge must consider whether a business requests compensation
for a total business loss without mitigation efforts when determining awards under this
section.
new text end

new text begin Subd. 5. new text end

new text begin Amount of claim. new text end

new text begin Any claim is limited by and proportional to the amount
provided for compensation in the biomass business compensation fund established in section
17, and the number of claimants.
new text end

new text begin Subd. 6. new text end

new text begin Deadlines. new text end

new text begin The administrative law judge must make an application process for
compensation available by August 1, 2018. A business seeking to submit a request for
compensation under this section must file claims with the administrative law judge within
60 days following closure of the biomass plant. The administrative law judge must issue
award determination orders within 180 days after the deadline for filing claims.
new text end

new text begin Subd. 7. new text end

new text begin Appeals. new text end

new text begin Orders issued by the administrative law judge under this section are
final. An order denying compensation claimed under this section is subject to the contested
case review procedures under Minnesota Statutes, chapter 14.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 17.

new text begin BIOMASS BUSINESS COMPENSATION ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin A biomass business compensation account is
established as a separate account in the special revenue fund in the state treasury.
Appropriations and transfers to the account must be credited to the account. Earnings, such
as interest, and any other earnings arising from the assets of the account are credited to the
account. Funds remaining in the account as of December 31, 2020, must be transferred to
the renewable development account established under Minnesota Statutes, section 116C.779.
new text end

new text begin Subd. 2. new text end

new text begin Funding for the special account. new text end

new text begin Notwithstanding Minnesota Statutes, section
116C.779, subdivision 1, paragraph (k), on July 1, 2018, $40,000,000 must be transferred
from the renewable development account under Minnesota Statutes, section 116C.779, to
the biomass business compensation account established under subdivision 1. The transferred
funds are appropriated to pay eligible obligations under the biomass business compensation
program established under section 16.
new text end

new text begin Subd. 3. new text end

new text begin Payment of expenses. new text end

new text begin Beginning on July 1, 2019, the chief administrative law
judge must certify to the commissioner of management and budget the total costs incurred
to administer the biomass business compensation claims process. The commissioner of
management and budget must transfer an amount equal to the certified costs incurred for
biomass business compensation claim activities from the renewable development account
under Minnesota Statutes, section 116C.779, and deposit it to the administrative hearings
account under Minnesota Statutes, section 14.54. Transfers may occur quarterly, based on
quarterly cost and revenue reports, throughout the fiscal year, with final certification and
reconciliation after each fiscal year. The total amount transferred under this subdivision
must not exceed $200,000.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 18. new text beginREPORT; COST-BENEFIT ANALYSIS OF ENERGY STORAGE
SYSTEMS.
new text end

new text begin (a) The commissioner of commerce must contract with an independent consultant selected
through a request for proposal process to produce a report analyzing the potential costs and
benefits of energy storage systems, as defined in Minnesota Statutes, section 216B.2422,
subdivision 1, in Minnesota. The study may also include scenarios examining energy storage
systems that are not capable of being controlled by a utility. The commissioner must engage
a broad group of Minnesota stakeholders, including electric utilities and others, to develop
and provide information for the report. The study must:
new text end

new text begin (1) identify and measure the different potential costs and savings produced by energy
storage system deployment, including but not limited to:
new text end

new text begin (i) generation, transmission, and distribution facilities asset deferral or substitution;
new text end

new text begin (ii) impacts on ancillary services costs;
new text end

new text begin (iii) impacts on transmission and distribution congestion;
new text end

new text begin (iv) impacts on peak power costs;
new text end

new text begin (v) impacts on emergency power supplies during outages;
new text end

new text begin (vi) impacts on curtailment of renewable energy generators; and
new text end

new text begin (vii) reduced greenhouse gas emissions;
new text end

new text begin (2) analyze and estimate the:
new text end

new text begin (i) costs and savings to customers that deploy energy storage systems;
new text end

new text begin (ii) impact on the utility's ability to integrate renewable resources;
new text end

new text begin (iii) impact on grid reliability and power quality; and
new text end

new text begin (iv) effect on retail electric rates over the useful life of a given energy storage system
compared to providing the same services using other facilities or resources;
new text end

new text begin (3) consider the findings of analysis conducted by the Midcontinent Independent System
Operator on energy storage capacity accreditation and participation in regional energy
markets, including updates of the analysis; and
new text end

new text begin (4) include case studies of existing energy storage applications currently providing the
benefits described in clauses (1) and (2).
new text end

new text begin (b) By May 1, 2019, the commissioner of commerce must submit the study to the chairs
and ranking minority members of the senate and house of representatives committees with
jurisdiction over energy policy and finance.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 216B.2423, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

ARTICLE 6

JOBS AND ECONOMIC GROWTH

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to the appropriations
in Laws 2017, chapter 94, and appropriated to the agencies and for the purposes specified
in this article. The appropriations are from the general fund, or another named fund, and
are available for the fiscal year indicated for each purpose. The figures "2018" and "2019"
used in this article mean that the addition to the appropriations listed under them are available
for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. "The first year" is
fiscal year 2018. "The second year" is fiscal year 2019.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginDEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 16,550,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 16,500,000
new text end
new text begin Workforce
Development
new text end
new text begin -0-
new text end
new text begin 50,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Business and Community Development
new text end

new text begin -0-
new text end
new text begin 1,500,000
new text end

new text begin $1,500,000 in fiscal year 2019 is for a grant
to the city of Cambridge for costs associated
with relocating and constructing a propane
distribution facility and for costs associated
with demolition, cleanup and restoration of
the existing propane facility. Eligible costs
include: land acquisition, site preparation and
improvements, moving expenses, building
construction, rail construction, rail switch
construction, demolition, environmental
remediation, engineering, and other necessary
site improvements. This is a onetime
appropriation and is available until the project
is completed or abandoned subject to
Minnesota Statutes, section 16A.642.
new text end

new text begin Subd. 3. new text end

new text begin Broadband Development
new text end

new text begin -0-
new text end
new text begin 15,000,000
new text end

new text begin $15,000,000 in fiscal year 2019 is for transfer
to the border-to-border broadband fund
account in the special revenue fund established
under Minnesota Statutes, section 116J.396
and may be used for purposes provided in
Minnesota Statutes, section 116J.395. This
appropriation is onetime and is available until
spent. Of this appropriation, up to three
percent is for costs incurred by the
commissioner to administer Minnesota
Statutes, section 116J.395. Administrative
costs may include the following activities
related to measuring progress toward the
state's broadband goals established in
Minnesota Statutes, section 237.012:
new text end

new text begin (1) collecting broadband deployment data from
Minnesota providers, verifying its accuracy
through on-the-ground testing, and creating
state and county maps available to the public
showing the availability of broadband service
at various upload and download speeds
throughout Minnesota;
new text end

new text begin (2) analyzing the deployment data collected
to help inform future investments in broadband
infrastructure; and
new text end

new text begin (3) conducting business and residential surveys
that measure broadband adoption and use in
the state.
new text end

new text begin Data provided by a broadband provider under
this subdivision is nonpublic data under
Minnesota Statutes, section 13.02, subdivision
9. Maps produced under this subdivision are
public data under Minnesota Statutes, section
13.03.
new text end

new text begin Subd. 4. new text end

new text begin Workforce Development
new text end

new text begin -0-
new text end
new text begin 50,000
new text end

new text begin $50,000 in fiscal year 2019 is from the
workforce development fund for a grant to the
Cook County Higher Education Board to
provide educational programming and
academic support services to remote regions
in northeastern Minnesota. This is a onetime
appropriation and is in addition to other funds
previously appropriated to the board.
new text end

Sec. 3. new text beginDEPARTMENT OF COMMERCE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 150,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin Special Revenue
new text end
new text begin -0-
new text end
new text begin 150,000
new text end

new text begin Subd. 2. new text end

new text begin Energy Resources
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 150,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin Special Revenue
new text end
new text begin -0-
new text end
new text begin 150,000
new text end

new text begin $150,000 the second year is from the
renewable development account in the special
revenue fund established in Minnesota
Statutes, section 116C.779, subdivision 1, to
conduct an energy storage systems cost-benefit
analysis. This is a onetime appropriation.
new text end

Sec. 4.

Laws 2017, chapter 94, article 1, section 2, subdivision 2, as amended by Laws
2017, First Special Session chapter 7, section 2, is amended to read:


Subd. 2.

Business and Community Development

$
46,074,000
$
deleted text begin 40,935,000
deleted text end new text begin 39,435,000
new text end
Appropriations by Fund
General
$43,363,000
deleted text begin $38,424,000
deleted text end new text begin $36,924,000
new text end
Remediation
$700,000
$700,000
Workforce
Development
$1,861,000
$1,811,000
Special Revenue
$150,000
-0-

(a) $4,195,000 each year is for the Minnesota
job skills partnership program under
Minnesota Statutes, sections 116L.01 to
116L.17. If the appropriation for either year
is insufficient, the appropriation for the other
year is available. This appropriation is
available until spent.

(b) $750,000 each year is for grants to the
Neighborhood Development Center for small
business programs:

(1) training, lending, and business services;

(2) model outreach and training in greater
Minnesota; and

(3) development of new business incubators.

This is a onetime appropriation.

(c) $1,175,000 each year is for a grant to the
Metropolitan Economic Development
Association (MEDA) for statewide business
development and assistance services, including
services to entrepreneurs with businesses that
have the potential to create job opportunities
for unemployed and underemployed people,
with an emphasis on minority-owned
businesses. This is a onetime appropriation.

(d) $125,000 each year is for a grant to the
White Earth Nation for the White Earth Nation
Integrated Business Development System to
provide business assistance with workforce
development, outreach, technical assistance,
infrastructure and operational support,
financing, and other business development
activities. This is a onetime appropriation.

(e)(1) $12,500,000 each year is for the
Minnesota investment fund under Minnesota
Statutes, section 116J.8731. Of this amount,
the commissioner of employment and
economic development may use up to three
percent for administration and monitoring of
the program. This appropriation is available
until spent.

(2) Of the amount appropriated in fiscal year
2018, $4,000,000 is for a loan to construct and
equip a wholesale electronic component
distribution center investing a minimum of
$200,000,000 and constructing a facility at
least 700,000 square feet in size. Loan funds
may be used for purchases of materials,
supplies, and equipment for the construction
of the facility and are available from July 1,
2017, to June 30, 2021. The commissioner of
employment and economic development shall
forgive the loan after verification that the
project has satisfied performance goals and
contractual obligations as required under
Minnesota Statutes, section 116J.8731.

(3) Of the amount appropriated in fiscal year
2018, $700,000 is for a loan to extend an
effluent pipe that will deliver reclaimed water
to an innovative waste-to-biofuel project
investing a minimum of $150,000,000 and
constructing a facility that is designed to
process approximately 400,000 tons of waste
annually. Loan funds are available until June
30, 2021.

new text begin (4) Of the amount appropriated in fiscal year
2019, $1,000,000 is for a grant to the city of
Minnetonka for a forgivable loan to a
high-risk, high-return jobs retention and
creation initiative to be conducted by a local
business that produces lactic acid/lactate, to
help grow and expand the bioeconomy in
Minnesota. The grant under this section is not
subject to the limitations under Minnesota
Statutes, section 116J.8731, subdivision 5, or
the performance goals, contractual obligations,
and other requirements under Minnesota
Statutes, sections 116J.8731, subdivision 7;
116J.993; and 116J.994. Grant funds are
available until June 30, 2021.
new text end

new text begin (5) Of the amount appropriated in fiscal year
2019, $1,000,000 is for a loan to a paper mill
in Duluth to support the operation and
manufacture of packaging paper grades. The
company that owns the paper mill must spend
$15,000,000 on expansion activities by
December 31, 2019, in order to be eligible to
receive funds in this appropriation. This
appropriation is onetime and may be used for
the mill's equipment, materials, supplies, and
other operating expenses. The commissioner
of employment and economic development
shall forgive a portion of the loan each year
after verification that the mill has retained 195
full-time jobs over a period of five years and
has satisfied other performance goals and
contractual obligations as required under
Minnesota Statutes, section 116J.8731.
new text end

(f) $8,500,000 deleted text begineach year isdeleted text endnew text begin in fiscal year 2018
and $7,000,000 in fiscal year 2019 are
new text end for the
Minnesota job creation fund under Minnesota
Statutes, section 116J.8748. Of this amount,
the commissioner of employment and
economic development may use up to three
percent for administrative expenses. This
appropriation is available until expended. In
fiscal year 2020 and beyond, the base amount
is $8,000,000.

(g) $1,647,000 each year is for contaminated
site cleanup and development grants under
Minnesota Statutes, sections 116J.551 to
116J.558. This appropriation is available until
spent. In fiscal year 2020 and beyond, the base
amount is $1,772,000.

(h) $12,000 each year is for a grant to the
Upper Minnesota Film Office.

(i) $163,000 each year is for the Minnesota
Film and TV Board. The appropriation in each
year is available only upon receipt by the
board of $1 in matching contributions of
money or in-kind contributions from nonstate
sources for every $3 provided by this
appropriation, except that each year up to
$50,000 is available on July 1 even if the
required matching contribution has not been
received by that date.

(j) $500,000 each year is from the general fund
for a grant to the Minnesota Film and TV
Board for the film production jobs program
under Minnesota Statutes, section 116U.26.
This appropriation is available until June 30,
2021.

(k) $139,000 each year is for a grant to the
Rural Policy and Development Center under
Minnesota Statutes, section 116J.421.

(l)(1) $1,300,000 each year is for the greater
Minnesota business development public
infrastructure grant program under Minnesota
Statutes, section 116J.431. This appropriation
is available until spent. If the appropriation
for either year is insufficient, the appropriation
for the other year is available. In fiscal year
2020 and beyond, the base amount is
$1,787,000. Funds available under this
paragraph may be used for site preparation of
property owned and to be used by private
entities.

(2) Of the amounts appropriated, $1,600,000
in fiscal year 2018 is for a grant to the city of
Thief River Falls to support utility extensions,
roads, and other public improvements related
to the construction of a wholesale electronic
component distribution center at least 700,000
square feet in size and investing a minimum
of $200,000,000. Notwithstanding Minnesota
Statutes, section 116J.431, a local match is
not required. Grant funds are available from
July 1, 2017, to June 30, 2021.

(m) $876,000 the first year and $500,000 the
second year are for the Minnesota emerging
entrepreneur loan program under Minnesota
Statutes, section 116M.18. Funds available
under this paragraph are for transfer into the
emerging entrepreneur program special
revenue fund account created under Minnesota
Statutes, chapter 116M, and are available until
spent. Of this amount, up to four percent is for
administration and monitoring of the program.
In fiscal year 2020 and beyond, the base
amount is $1,000,000.

(n) $875,000 each year is for a grant to
Enterprise Minnesota, Inc. for the small
business growth acceleration program under
Minnesota Statutes, section 116O.115. This
is a onetime appropriation.

(o) $250,000 in fiscal year 2018 is for a grant
to the Minnesota Design Center at the
University of Minnesota for the greater
Minnesota community design pilot project.

(p) $275,000 in fiscal year 2018 is from the
general fund to the commissioner of
employment and economic development for
a grant to Community and Economic
Development Associates (CEDA) for an
economic development study and analysis of
the effects of current and projected economic
growth in southeast Minnesota. CEDA shall
report on the findings and recommendations
of the study to the committees of the house of
representatives and senate with jurisdiction
over economic development and workforce
issues by February 15, 2019. All results and
information gathered from the study shall be
made available for use by cities in southeast
Minnesota by March 15, 2019. This
appropriation is available until June 30, 2020.

(q) $2,000,000 in fiscal year 2018 is for a
grant to Pillsbury United Communities for
construction and renovation of a building in
north Minneapolis for use as the "North
Market" grocery store and wellness center,
focused on offering healthy food, increasing
health care access, and providing job creation
and economic opportunities in one place for
children and families living in the area. To the
extent possible, Pillsbury United Communities
shall employ individuals who reside within a
five mile radius of the grocery store and
wellness center. This appropriation is not
available until at least an equal amount of
money is committed from nonstate sources.
This appropriation is available until the project
is completed or abandoned, subject to
Minnesota Statutes, section 16A.642.

(r) $1,425,000 each year is for the business
development competitive grant program. Of
this amount, up to five percent is for
administration and monitoring of the business
development competitive grant program. All
grant awards shall be for two consecutive
years. Grants shall be awarded in the first year.

(s) $875,000 each year is for the host
community economic development grant
program established in Minnesota Statutes,
section 116J.548.

(t) $700,000 each year is from the remediation
fund for contaminated site cleanup and
development grants under Minnesota Statutes,
sections 116J.551 to 116J.558. This
appropriation is available until spent.

(u) $161,000 each year is from the workforce
development fund for a grant to the Rural
Policy and Development Center. This is a
onetime appropriation.

(v) $300,000 each year is from the workforce
development fund for a grant to Enterprise
Minnesota, Inc. This is a onetime
appropriation.

(w) $50,000 in fiscal year 2018 is from the
workforce development fund for a grant to
Fighting Chance for behavioral intervention
programs for at-risk youth.

(x) $1,350,000 each year is from the
workforce development fund for job training
grants under Minnesota Statutes, section
116L.42.

(y)(1) $519,000 in fiscal year 2018 is for
grants to local communities to increase the
supply of quality child care providers in order
to support economic development. At least 60
percent of grant funds must go to communities
located outside of the seven-county
metropolitan area, as defined under Minnesota
Statutes, section 473.121, subdivision 2. Grant
recipients must obtain a 50 percent nonstate
match to grant funds in either cash or in-kind
contributions. Grant funds available under this
paragraph must be used to implement solutions
to reduce the child care shortage in the state
including but not limited to funding for child
care business start-ups or expansions, training,
facility modifications or improvements
required for licensing, and assistance with
licensing and other regulatory requirements.
In awarding grants, the commissioner must
give priority to communities that have
documented a shortage of child care providers
in the area.

(2) Within one year of receiving grant funds,
grant recipients must report to the
commissioner on the outcomes of the grant
program including but not limited to the
number of new providers, the number of
additional child care provider jobs created, the
number of additional child care slots, and the
amount of local funds invested.

(3) By January 1 of each year, starting in 2019,
the commissioner must report to the standing
committees of the legislature having
jurisdiction over child care and economic
development on the outcomes of the program
to date.

(z) $319,000 in fiscal year 2018 is from the
general fund for a grant to the East Phillips
Improvement Coalition to create the East
Phillips Neighborhood Institute (EPNI) to
expand culturally tailored resources that
address small business growth and create
green jobs. The grant shall fund the
collaborative work of Tamales y Bicicletas,
Little Earth of the United Tribes, a nonprofit
serving East Africans, and other coalition
members towards developing EPNI as a
community space to host activities including,
but not limited to, creation and expansion of
small businesses, culturally specific
entrepreneurial activities, indoor urban
farming, job training, education, and skills
development for residents of this low-income,
environmental justice designated
neighborhood. Eligible uses for grant funds
include, but are not limited to, planning and
start-up costs, staff and consultant costs,
building improvements, rent, supplies, utilities,
vehicles, marketing, and program activities.
The commissioner shall submit a report on
grant activities and quantifiable outcomes to
the committees of the house of representatives
and the senate with jurisdiction over economic
development by December 15, 2020. This
appropriation is available until June 30, 2020.

(aa) $150,000 the first year is from the
renewable development account in the special
revenue fund established in Minnesota
Statutes, section 116C.779, subdivision 1, to
conduct the biomass facility closure economic
impact study.

(bb)(1) $300,000 in fiscal year 2018 is for a
grant to East Side Enterprise Center (ESEC)
to expand culturally tailored resources that
address small business growth and job
creation. This appropriation is available until
June 30, 2020. The appropriation shall fund
the work of African Economic Development
Solutions, the Asian Economic Development
Association, the Dayton's Bluff Community
Council, and the Latino Economic
Development Center in a collaborative
approach to economic development that is
effective with smaller, culturally diverse
communities that seek to increase the
productivity and success of new immigrant
and minority populations living and working
in the community. Programs shall provide
minority business growth and capacity
building that generate wealth and jobs creation
for local residents and business owners on the
East Side of St. Paul.

(2) In fiscal year 2019 ESEC shall use funds
to share its integrated service model and
evolving collaboration principles with civic
and economic development leaders in greater
Minnesota communities which have diverse
populations similar to the East Side of St. Paul.
ESEC shall submit a report of activities and
program outcomes, including quantifiable
measures of success annually to the house of
representatives and senate committees with
jurisdiction over economic development.

(cc) $150,000 in fiscal year 2018 is for a grant
to Mille Lacs County for the purpose of
reimbursement grants to small resort
businesses located in the city of Isle with less
than $350,000 in annual revenue, at least four
rental units, which are open during both
summer and winter months, and whose
business was adversely impacted by a decline
in walleye fishing on Lake Mille Lacs.

(dd)(1) $250,000 in fiscal year 2018 is for a
grant to the Small Business Development
Center hosted at Minnesota State University,
Mankato, for a collaborative initiative with
the Regional Center for Entrepreneurial
Facilitation. Funds available under this section
must be used to provide entrepreneur and
small business development direct professional
business assistance services in the following
counties in Minnesota: Blue Earth, Brown,
Faribault, Le Sueur, Martin, Nicollet, Sibley,
Watonwan, and Waseca. For the purposes of
this section, "direct professional business
assistance services" must include, but is not
limited to, pre-venture assistance for
individuals considering starting a business.
This appropriation is not available until the
commissioner determines that an equal amount
is committed from nonstate sources. Any
balance in the first year does not cancel and
is available for expenditure in the second year.

(2) Grant recipients shall report to the
commissioner by February 1 of each year and
include information on the number of
customers served in each county; the number
of businesses started, stabilized, or expanded;
the number of jobs created and retained; and
business success rates in each county. By April
1 of each year, the commissioner shall report
the information submitted by grant recipients
to the chairs of the standing committees of the
house of representatives and the senate having
jurisdiction over economic development
issues.

(ee) $500,000 in fiscal year 2018 is for the
central Minnesota opportunity grant program
established under Minnesota Statutes, section
116J.9922. This appropriation is available until
June 30, 2022.

(ff) $25,000 each year is for the administration
of state aid for the Destination Medical Center
under Minnesota Statutes, sections 469.40 to
469.47.

Sec. 5.

Laws 2017, chapter 94, article 1, section 2, subdivision 3, is amended to read:


Subd. 3.

Workforce Development

$
31,498,000
$
30,231,000
Appropriations by Fund
General
$6,239,000
$5,889,000
Workforce
Development
$25,259,000
$24,342,000

(a) $500,000 each year is for the
youth-at-work competitive grant program
under Minnesota Statutes, section 116L.562.
Of this amount, up to five percent is for
administration and monitoring of the youth
workforce development competitive grant
program. All grant awards shall be for two
consecutive years. Grants shall be awarded in
the first year. In fiscal year 2020 and beyond,
the base amount is $750,000.

(b) $250,000 each year is for pilot programs
in the workforce service areas to combine
career and higher education advising.

(c) $500,000 each year is for rural career
counseling coordinator positions in the
workforce service areas and for the purposes
specified in Minnesota Statutes, section
116L.667. The commissioner of employment
and economic development, in consultation
with local workforce investment boards and
local elected officials in each of the service
areas receiving funds, shall develop a method
of distributing funds to provide equitable
services across workforce service areas.

(d) $1,000,000 each year is for a grant to the
Construction Careers Foundation for the
construction career pathway initiative to
provide year-round educational and
experiential learning opportunities for teens
and young adults under the age of 21 that lead
to careers in the construction industry. This is
a onetime appropriation. Grant funds must be
used to:

(1) increase construction industry exposure
activities for middle school and high school
youth, parents, and counselors to reach a more
diverse demographic and broader statewide
audience. This requirement includes, but is
not limited to, an expansion of programs to
provide experience in different crafts to youth
and young adults throughout the state;

(2) increase the number of high schools in
Minnesota offering construction classes during
the academic year that utilize a multicraft
curriculum;

(3) increase the number of summer internship
opportunities;

(4) enhance activities to support graduating
seniors in their efforts to obtain employment
in the construction industry;

(5) increase the number of young adults
employed in the construction industry and
ensure that they reflect Minnesota's diverse
workforce; and

(6) enhance an industrywide marketing
campaign targeted to youth and young adults
about the depth and breadth of careers within
the construction industry.

Programs and services supported by grant
funds must give priority to individuals and
groups that are economically disadvantaged
or historically underrepresented in the
construction industry, including but not limited
to women, veterans, and members of minority
and immigrant groups.

(e) $1,539,000 each year from the general fund
and $4,604,000 each year from the workforce
development fund are for the Pathways to
Prosperity adult workforce development
competitive grant program. Of this amount,
up to four percent is for administration and
monitoring of the program. When awarding
grants under this paragraph, the commissioner
of employment and economic development
may give preference to any previous grantee
with demonstrated success in job training and
placement for hard-to-train individuals. In
fiscal year 2020 and beyond, the general fund
base amount for this program is $4,039,000.

(f) $750,000 each year is for a competitive
grant program to provide grants to
organizations that provide support services for
individuals, such as job training, employment
preparation, internships, job assistance to
fathers, financial literacy, academic and
behavioral interventions for low-performing
students, and youth intervention. Grants made
under this section must focus on low-income
communities, young adults from families with
a history of intergenerational poverty, and
communities of color. Of this amount, up to
four percent is for administration and
monitoring of the program. In fiscal year 2020
and beyond, the base amount is $1,000,000.

(g) $500,000 each year is for the women and
high-wage, high-demand, nontraditional jobs
grant program under Minnesota Statutes,
section 116L.99. Of this amount, up to five
percent is for administration and monitoring
of the program. In fiscal year 2020 and
beyond, the base amount is $750,000.

(h) $500,000 each year is for a competitive
grant program for grants to organizations
providing services to relieve economic
disparities in the Southeast Asian community
through workforce recruitment, development,
job creation, assistance of smaller
organizations to increase capacity, and
outreach. Of this amount, up to five percent
is for administration and monitoring of the
program. In fiscal year 2020 and beyond, the
base amount is $1,000,000.

(i) $250,000 each year is for a grant to the
American Indian Opportunities and
Industrialization Center, in collaboration with
the Northwest Indian Community
Development Center, to reduce academic
disparities for American Indian students and
adults. This is a onetime appropriation. The
grant funds may be used to provide:

(1) student tutoring and testing support
services;

(2) training in information technology;

(3) assistance in obtaining a GED;

(4) remedial training leading to enrollment in
a postsecondary higher education institution;

(5) real-time work experience in information
technology fields; and

(6) contextualized adult basic education.

After notification to the legislature, the
commissioner may transfer this appropriation
to the commissioner of education.

(j) $100,000 each year is for the getting to
work grant program. This is a onetime
appropriation and is available until June 30,
2021.

(k) $525,000 each year is from the workforce
development fund for a grant to the YWCA
of Minneapolis to provide economically
challenged individuals the job skills training,
career counseling, and job placement
assistance necessary to secure a child
development associate credential and to have
a career path in early childhood education.
This is a onetime appropriation.

(l) $1,350,000 each year is from the workforce
development fund for a grant to the Minnesota
High Tech Association to support
SciTechsperience, a program that supports
science, technology, engineering, and math
(STEM) internship opportunities for two- and
four-year college students and graduate
students in their field of study. The internship
opportunities must match students with paid
internships within STEM disciplines at small,
for-profit companies located in Minnesota,
having fewer than 250 employees worldwide.
At least 300 students must be matched in the
first year and at least 350 students must be
matched in the second year. No more than 15
percent of the hires may be graduate students.
Selected hiring companies shall receive from
the grant 50 percent of the wages paid to the
intern, capped at $2,500 per intern. The
program must work toward increasing the
participation of women or other underserved
populations. This is a onetime appropriation.

(m) $450,000 each year is from the workforce
development fund for grants to Minnesota
Diversified Industries, Inc. to provide
progressive development and employment
opportunities for people with disabilities. This
is a onetime appropriation.

(n) $500,000 each year is from the workforce
development fund for a grant to Resource, Inc.
to provide low-income individuals career
education and job skills training that are fully
integrated with chemical and mental health
services. This is a onetime appropriation.

(o) $750,000 each year is from the workforce
development fund for a grant to the Minnesota
Alliance of Boys and Girls Clubs to administer
a statewide project of youth job skills and
career development. This project, which may
have career guidance components including
health and life skills, is designed to encourage,
train, and assist youth in early access to
education and job-seeking skills, work-based
learning experience including career pathways
in STEM learning, career exploration and
matching, and first job placement through
local community partnerships and on-site job
opportunities. This grant requires a 25 percent
match from nonstate resources. This is a
onetime appropriation.

(p) $215,000 each year is from the workforce
development fund for grants to Big Brothers,
Big Sisters of the Greater Twin Cities for
workforce readiness, employment exploration,
and skills development for youth ages 12 to
21. The grant must serve youth in the Twin
Cities, Central Minnesota, and Southern
Minnesota Big Brothers, Big Sisters chapters.
This is a onetime appropriation.

(q) $250,000 each year is from the workforce
development fund for a grant to YWCA St.
Paul to provide job training services and
workforce development programs and
services, including job skills training and
counseling. This is a onetime appropriation.

(r) $1,000,000 each year is from the workforce
development fund for a grant to EMERGE
Community Development, in collaboration
with community partners, for services
targeting Minnesota communities with the
highest concentrations of African and
African-American joblessness, based on the
most recent census tract data, to provide
employment readiness training, credentialed
training placement, job placement and
retention services, supportive services for
hard-to-employ individuals, and a general
education development fast track and adult
diploma program. This is a onetime
appropriation.

(s) $1,000,000 each year is from the workforce
development fund for a grant to the
Minneapolis Foundation for a strategic
intervention program designed to target and
connect program participants to meaningful,
sustainable living-wage employment. This is
a onetime appropriation.

(t) $750,000 each year is from the workforce
development fund for a grant to Latino
Communities United in Service (CLUES) to
expand culturally tailored programs that
address employment and education skill gaps
for working parents and underserved youth by
providing new job skills training to stimulate
higher wages for low-income people, family
support systems designed to reduce
intergenerational poverty, and youth
programming to promote educational
advancement and career pathways. At least
50 percent of this amount must be used for
programming targeted at greater Minnesota.
This is a onetime appropriation.

(u) $600,000 each year is from the workforce
development fund for a grant to Ujamaa Place
for job training, employment preparation,
internships, education, training in the
construction trades, housing, and
organizational capacity building. This is a
onetime appropriation.

(v) $1,297,000 in the first year and $800,000
in the second year are from the workforce
development fund for performance grants
under Minnesota Statutes, section 116J.8747,
to Twin Cities R!SE to provide training to
hard-to-train individuals. Of the amounts
appropriated, $497,000 in fiscal year 2018 is
for a grant to Twin Cities R!SE, in
collaboration with Metro Transit and Hennepin
Technical College for the Metro Transit
technician training program. This is a onetime
appropriation and funds are available until
June 30, 2020.

(w) $230,000 in fiscal year 2018 is from the
workforce development fund for a grant to the
Bois Forte Tribal Employment Rights Office
(TERO) for an American Indian workforce
development training pilot project.new text begin This is a
onetime appropriation and is available until
June 30, 2019. Funds appropriated the first
year are available for use in the second year
of the biennium.
new text end

(x) $40,000 in fiscal year 2018 is from the
workforce development fund for a grant to the
Cook County Higher Education Board to
provide educational programming and
academic support services to remote regions
in northeastern Minnesota. This appropriation
is in addition to other funds previously
appropriated to the board.

(y) $250,000 each year is from the workforce
development fund for a grant to Bridges to
Healthcare to provide career education,
wraparound support services, and job skills
training in high-demand health care fields to
low-income parents, nonnative speakers of
English, and other hard-to-train individuals,
helping families build secure pathways out of
poverty while also addressing worker
shortages in one of Minnesota's most
innovative industries. Funds may be used for
program expenses, including, but not limited
to, hiring instructors and navigators; space
rental; and supportive services to help
participants attend classes, including assistance
with course fees, child care, transportation,
and safe and stable housing. In addition, up to
five percent of grant funds may be used for
Bridges to Healthcare's administrative costs.
This is a onetime appropriation and is
available until June 30, 2020.

(z) $500,000 each year is from the workforce
development fund for a grant to the Nonprofits
Assistance Fund to provide capacity-building
grants to small, culturally specific
organizations that primarily serve historically
underserved cultural communities. Grants may
only be awarded to nonprofit organizations
that have an annual organizational budget of
less than $500,000 and are culturally specific
organizations that primarily serve historically
underserved cultural communities. Grant funds
awarded must be used for:

(1) organizational infrastructure improvement,
including developing database management
systems and financial systems, or other
administrative needs that increase the
organization's ability to access new funding
sources;

(2) organizational workforce development,
including hiring culturally competent staff,
training and skills development, and other
methods of increasing staff capacity; or

(3) creation or expansion of partnerships with
existing organizations that have specialized
expertise in order to increase the capacity of
the grantee organization to improve services
for the community. Of this amount, up to five
percent may be used by the Nonprofits
Assistance Fund for administration costs and
providing technical assistance to potential
grantees. This is a onetime appropriation.

(aa) $4,050,000 each year is from the
workforce development fund for the
Minnesota youth program under Minnesota
Statutes, sections 116L.56 and 116L.561.

(bb) $1,000,000 each year is from the
workforce development fund for the
youthbuild program under Minnesota Statutes,
sections 116L.361 to 116L.366.

(cc) $3,348,000 each year is from the
workforce development fund for the "Youth
at Work" youth workforce development
competitive grant program. Of this amount,
up to five percent is for administration and
monitoring of the youth workforce
development competitive grant program. All
grant awards shall be for two consecutive
years. Grants shall be awarded in the first year.

(dd) $500,000 each year is from the workforce
development fund for the Opportunities
Industrialization Center programs.

(ee) $750,000 each year is from the workforce
development fund for a grant to Summit
Academy OIC to expand its contextualized
GED and employment placement program.
This is a onetime appropriation.

(ff) $500,000 each year is from the workforce
development fund for a grant to
Goodwill-Easter Seals Minnesota and its
partners. The grant shall be used to continue
the FATHER Project in Rochester, Park
Rapids, St. Cloud, Minneapolis, and the
surrounding areas to assist fathers in
overcoming barriers that prevent fathers from
supporting their children economically and
emotionally. This is a onetime appropriation.

(gg) $150,000 each year is from the workforce
development fund for displaced homemaker
programs under Minnesota Statutes, section
116L.96. The commissioner shall distribute
the funds to existing nonprofit and state
displaced homemaker programs. This is a
onetime appropriation.

(hh)(1) $150,000 in fiscal year 2018 is from
the workforce development fund for a grant
to Anoka County to develop and implement
a pilot program to increase competitive
employment opportunities for transition-age
youth ages 18 to 21.

(2) The competitive employment for
transition-age youth pilot program shall
include career guidance components, including
health and life skills, to encourage, train, and
assist transition-age youth in job-seeking
skills, workplace orientation, and job site
knowledge.

(3) In operating the pilot program, Anoka
County shall collaborate with schools,
disability providers, jobs and training
organizations, vocational rehabilitation
providers, and employers to build upon
opportunities and services, to prepare
transition-age youth for competitive
employment, and to enhance employer
connections that lead to employment for the
individuals served.

(4) Grant funds may be used to create an
on-the-job training incentive to encourage
employers to hire and train qualifying
individuals. A participating employer may
receive up to 50 percent of the wages paid to
the employee as a cost reimbursement for
on-the-job training provided.

(ii) $500,000 each year is from the workforce
development fund for rural career counseling
coordinator positions in the workforce service
areas and for the purposes specified in
Minnesota Statutes, section 116L.667. The
commissioner of employment and economic
development, in consultation with local
workforce investment boards and local elected
officials in each of the service areas receiving
funds, shall develop a method of distributing
funds to provide equitable services across
workforce service areas.

(jj) In calendar year 2017, the public utility
subject to Minnesota Statutes, section
116C.779, must withhold $1,000,000 from the
funds required to fulfill its financial
commitments under Minnesota Statutes,
section 116C.779, subdivision 1, and pay such
amounts to the commissioner of employment
and economic development for deposit in the
Minnesota 21st century fund under Minnesota
Statutes, section 116J.423.

(kk) $350,000 in fiscal year 2018 is for a grant
to AccessAbility Incorporated to provide job
skills training to individuals who have been
released from incarceration for a felony-level
offense and are no more than 12 months from
the date of release. AccessAbility Incorporated
shall annually report to the commissioner on
how the money was spent and the results
achieved. The report must include, at a
minimum, information and data about the
number of participants; participant
homelessness, employment, recidivism, and
child support compliance; and training
provided to program participants.

Sec. 6.

Laws 2017, chapter 94, article 1, section 4, subdivision 5, is amended to read:


Subd. 5.

General Support

6,239,000
6,539,000
Appropriations by Fund
Workforce
Development Fund
200,000
500,000
Workers'
Compensation
6,039,000
6,039,000

(a) Except as provided in paragraphs (b) and
(c), this appropriation is from the workers'
compensation fund.

(b) $200,000 in fiscal year 2018 is from the
workforce development fund for the
commissioner of labor and industry to convene
and collaborate with stakeholders as provided
under Minnesota Statutes, section 175.46,
subdivision 3
, and to develop youth skills
training competencies for approved
occupations. This is a onetime appropriation.

(c) $500,000 in fiscal year 2019 is from the
workforce development fund to administer the
youth skills training program under Minnesota
Statutes, section 175.46. The commissioner
shall award up to five grants each year to local
partnerships located throughout the state, not
to exceed $100,000 per local partnership grant.
The commissioner may use deleted text begina portiondeleted text end new text beginup to
five percent
new text endof this appropriation for
administration of the grant program. The base
amount for this program is deleted text begin$500,000deleted text endnew text begin
$1,000,000
new text end each year beginning in fiscal year
2020.

Sec. 7.

Laws 2017, chapter 94, article 1, section 6, is amended to read:


Sec. 6. WORKERS' COMPENSATION COURT
OF APPEALS

$
1,913,000
$
deleted text begin 1,913,000 deleted text end new text begin
1,946,000
new text end

This appropriation is from the workers'
compensation fund.

Sec. 8.

Laws 2017, chapter 94, article 1, section 7, subdivision 7, is amended to read:


Subd. 7.

Energy Resources

4,847,000
4,847,000
Appropriations by Fund
General
4,247,000
4,247,000
Special Revenue
600,000
600,000

(a) $150,000 each year is to remediate
vermiculate insulation from households that
are eligible for weatherization assistance under
Minnesota's weatherization assistance program
state plan under Minnesota Statutes, section
216C.264. Remediation must be done in
conjunction with federal weatherization
assistance program services.

(b) $832,000 each year is for energy regulation
and planning unit staff.

(c) $100,000 each year is from the renewable
development account in the special revenue
fund established in Minnesota Statutes, section
116C.779, subdivision 1, to administer the
"Made in Minnesota" solar energy production
incentive program in Minnesota Statutes,
section 216C.417. Any remaining unspent
funds cancel back to the renewable
development account at the end of the
biennium.

deleted text begin (d) $500,000 each year is from the renewable
development account in the special revenue
fund established in Minnesota Statutes, section
116C.779, subdivision 1, for costs associated
with any third-party expert evaluation of a
proposal submitted in response to a request
for proposal to the renewable development
advisory group under Minnesota Statutes,
section 116C.779, subdivision 1, paragraph
(l). No portion of this appropriation may be
expended or retained by the commissioner of
commerce. Any funds appropriated under this
paragraph that are unexpended at the end of a
fiscal year cancel to the renewable
development account.
deleted text end

Sec. 9.

Laws 2017, chapter 94, article 1, section 9, is amended to read:


Sec. 9. PUBLIC FACILITIES AUTHORITY

$
1,800,000
$
-0-

(a) $300,000 in fiscal year 2018 is for a grant
to the city of New Trier to replace water
infrastructure under Hogan Avenue, including
related road reconstruction, and to acquire land
for predesign, design, and construction of a
storm water pond that will be colocated with
the pond of the new subdivision. This
appropriation does not require a nonstate
contribution.

(b) $600,000 in fiscal year 2018 is for a grant
to the Ramsey/Washington Recycling and
Energy Board to design, construct, and equip
capital improvements to the
Ramsey/Washington Recycling and Energy
Center in Newport.

(c) $900,000 in fiscal year 2018 is for a grant
to the Clear Lake-Clearwater Sewer Authority
to remove and replace the existing wastewater
treatment facility. This project is intended to
prevent the discharge of phosphorus into the
Mississippi River. This appropriation is not
available until the commissioner of
management and budget determines that at
least $200,000 is committed to the project
from nonstate sources and the authority has
applied for at least two grants to offset the
cost. An amount equal to any grant money
received by the authority must be returned to
the general fund.new text begin This appropriation is
available until June 30, 2019.
new text end

ARTICLE 7

ECONOMIC DEVELOPMENT

Section 1.

Minnesota Statutes 2017 Supplement, section 298.227, is amended to read:


298.227 TACONITE ECONOMIC DEVELOPMENT FUND.

An amount equal to that distributed pursuant to each taconite producer's taxable
production and qualifying sales under section 298.28, subdivision 9a, shall be held by the
commissioner of Iron Range resources and rehabilitation in a separate taconite economic
development fund for each taconite and direct reduced ore producer. Money from the fund
for each producer shall be released by the commissioner after review by a joint committee
consisting of an equal number of representatives of the salaried employees and the
nonsalaried production and maintenance employees of that producer. The District 11 director
of the United States Steelworkers of America, on advice of each local employee president,
shall select the employee members. In nonorganized operations, the employee committee
shall be elected by the nonsalaried production and maintenance employees. The review
must be completed no later than six months after the producer presents a proposal for
expenditure of the funds to the committee. The funds held pursuant to this section may be
released only for workforce development deleted text beginand associated public facility improvementdeleted text end,
concurrent reclamation, deleted text beginor for acquisition ofdeleted text end plant and stationary mining equipment and
facilities for the producer or for research and development in Minnesota on new mining, or
taconite, iron, or steel production technology, but only if the producer provides a matching
expenditure equal to the amount of the distribution to be used for the same purpose deleted text beginbeginning
with distributions in 2014. Effective for proposals for expenditures of money from the fund
beginning May 26, 2007, the commissioner may not release the funds before the next
scheduled meeting of the board
deleted text end. If a proposed expenditure is not approved by the
commissioner, after consultation with the advisory board, the funds must be deposited in
the Taconite Environmental Protection Fund under sections 298.222 to 298.225. If a taconite
production facility is sold after operations at the facility had ceased, any money remaining
in the fund for the former producer may be released to the purchaser of the facility on the
terms otherwise applicable to the former producer under this section. If a producer fails to
provide matching funds for a proposed expenditure within six months after the commissioner
approves release of the funds, the funds deleted text beginare available for release to another producer in
proportion to the distribution provided and under the conditions of this section
deleted text endnew text begin may be
released by the commissioner for deposit in the taconite area environmental protection fund
created in section 298.223
new text end. Any portion of the fund which is not released by the commissioner
within one year of its deposit in the fund shall be deleted text begindivided betweendeleted text end new text begindistributed to new text endthe taconite
environmental protection fund deleted text begincreated in section 298.223 and the Douglas J. Johnson
economic protection trust fund created in section 298.292 for placement in their respective
special accounts. Two-thirds of the unreleased funds shall be distributed to the taconite
environmental protection fund and one-third to the Douglas J. Johnson economic protection
trust fund
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2016, section 298.28, subdivision 9a, is amended to read:


Subd. 9a.

Taconite economic development fund.

(a) 25.1 cents per ton for distributions
in 2002 and thereafter must be paid to the taconite economic development fund. No
distribution shall be made under this paragraph in 2004 or any subsequent year in which
total industry production falls below 30 million tons. Distribution shall only be made to a
new text begin Minnesota new text endtaconite new text beginpellet new text endproducer's fund under section 298.227 if the producer timely pays
its tax under section 298.24 by the dates provided under section 298.27, or pursuant to the
due dates provided by an administrative agreement with the commissioner.

(b) An amount equal to 50 percent of the tax under section 298.24 for concentrate sold
in the form of pellet chips and fines not exceeding 5/16 inch in size and not including crushed
pellets shall be paid to the taconite economic development fund. The amount paid shall not
exceed $700,000 annually for all deleted text begincompaniesdeleted text endnew text begin Minnesota taconite pellet producersnew text end. If the
initial amount to be paid to the fund exceeds this amount, each deleted text begincompany'sdeleted text endnew text begin Minnesota taconite
pellet producer's
new text end payment shall be prorated so the total does not exceed $700,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from December 31, 2016.
new text end

Sec. 3.

Minnesota Statutes 2016, section 465.73, is amended to read:


465.73 LOAN FROM, SECURED BY U.S. AGRICULTURE DEPARTMENT
AGENCY.

For purposes of constructing, repairing, or acquiring city halls, town halls, fire halls or
fire or rescue equipment, or libraries or child care facilities if otherwise authorized by law,
a new text beginstatutory city, home rule charter new text endcity, county, or town may borrow not to exceed deleted text begin$450,000deleted text endnew text begin
$750,000
new text end from (i) funds granted to a rural electric cooperative organized under chapter
308A by the United States Department of Agriculture Rural Business-Cooperative Service
or (ii) directly from or in the form of funds guaranteed by the Rural Housing Service or
other agency of the United States Department of Agriculture by a note secured by a mortgage
or other security agreement on the property purchased with the borrowed funds. The city,
county, or town may pledge its full faith and credit and assign or pledge the revenues, if
any, from the facilities or equipment so financed together with any other properly available
funds to secure the loan. The obligation of the note is not to be included when computing
the net debt of the city, county, or town, nor is the approval of the voters required for the
issuance of the note.

Sec. 4. new text beginTRANSFER 2018 DISTRIBUTION ONLY.
new text end

new text begin For the 2018 distribution, the fund established under Minnesota Statutes, section 298.28,
subdivision 7, shall receive ten cents per ton of any excess of the balance remaining after
distribution of amounts required under Minnesota Statutes, section 298.28, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018 distribution, and the transfer
must be made within ten days of the August 2018 payment.
new text end

Sec. 5. new text beginDISLOCATED WORKER RAPID RESPONSE ACTIVITY.
new text end

new text begin Notwithstanding anything to the contrary, of the money appropriated to the Job Skills
Partnership Board for the purposes of Minnesota Statutes, section 116L.17, under Minnesota
Statutes, section 116L.20, subdivision 2, at least $650,000 in fiscal year 2019 is for a grant
to Career Solutions in St. Cloud to address the substantial anticipated job losses at the
Electrolux plant in St. Cloud. These services shall be provided by Career Solutions. Grant
funds may be used according to Minnesota Statutes, section 116L.17, subdivision 4,
including, but not limited to, GED programs, English language courses, computer literacy
efforts, and training in the manufacturing and construction trades. In addition, the
commissioner of employment and economic development is directed to take all necessary
steps, including application for any required federal waivers, to begin providing services
to affected workers before December 31, 2018.
new text end

Sec. 6. new text beginREVISOR'S INSTRUCTION; PROGRAM NAME CLARIFICATION.
new text end

new text begin In Minnesota Statutes, the revisor of statutes shall change the term "Minnesota investment
fund" to "North Star Disaster Contingency Account" wherever it is apparent from context
that the term "Minnesota investment fund" refers to the program under Minnesota Statutes,
section 116J.8731, subdivisions 8 and 9.
new text end

ARTICLE 8

LABOR AND INDUSTRY

Section 1.

Minnesota Statutes 2017 Supplement, section 175.46, subdivision 13, is amended
to read:


Subd. 13.

Grant awards.

(a) new text beginThe commissioner shall award grants to local partnerships
located throughout the state, not to exceed $100,000 per local partnership grant. The
commissioner may use up to five percent of this amount for administration of the grant
program.
new text end

new text begin (b) new text endA local partnership awarded a grant under this section must use the grant award for
any of the following implementation and coordination activities:

(1) recruiting additional employers to provide on-the-job training and supervision for
student learners and providing technical assistance to those employers;

(2) recruiting students to participate in the local youth skills training program, monitoring
the progress of student learners participating in the program, and monitoring program
outcomes;

(3) coordinating youth skills training activities within participating school districts and
among participating school districts, postsecondary institutions, and employers;

(4) coordinating academic, vocational and occupational learning, school-based and
work-based learning, and secondary and postsecondary education for participants in the
local youth skills training program;

(5) coordinating transportation for student learners participating in the local youth skills
training program; and

(6) any other implementation or coordination activity that the commissioner may direct
or permit the local partnership to perform.

deleted text begin (b)deleted text end new text begin(c) new text endGrant awards may not be used to directly or indirectly pay the wages of a student
learner.

Sec. 2.

Minnesota Statutes 2016, section 326B.106, subdivision 9, is amended to read:


Subd. 9.

Accessibility.

(a) Public buildings. The code must deleted text beginprovide for makingdeleted text end new text beginrequire
new
new text endpublic buildingsdeleted text begin constructed or remodeled after July 1, 1963deleted text end, new text beginand existing public
buildings when remodeled, to be
new text endaccessible to and usable by persons with disabilitiesdeleted text begin,
although this does not require the remodeling of public buildings solely to provide
accessibility and usability to persons with disabilities when remodeling would not otherwise
be undertaken
deleted text end.

(b) Leased space. No agency of the state may lease space for agency operations in a
non-state-owned building unless the building satisfies the requirements of the State Building
Code for accessibility by persons with disabilities, or is eligible to display the state symbol
of accessibility. This limitation applies to leases of 30 days or more for space of at least
1,000 square feet.

(c) Meetings or conferences. Meetings or conferences for the public or for state
employees which are sponsored in whole or in part by a state agency must be held in
buildings that meet the State Building Code requirements relating to accessibility for persons
with disabilities. This subdivision does not apply to any classes, seminars, or training
programs offered by the Minnesota State Colleges and Universities or the University of
Minnesota. Meetings or conferences intended for specific individuals none of whom need
the accessibility features for persons with disabilities specified in the State Building Code
need not comply with this subdivision unless a person with a disability gives reasonable
advance notice of an intent to attend the meeting or conference. When sign language
interpreters will be provided, meetings or conference sites must be chosen which allow
participants who are deaf or hard-of-hearing to see the sign language interpreters clearly.

(d) Exemptions. The commissioner may grant an exemption from the requirements of
paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts
were made to secure facilities which complied with those requirements and if the selected
facilities are the best available for access for persons with disabilities. Exemptions shall be
granted using criteria developed by the commissioner in consultation with the Council on
Disability.

(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by persons with disabilities. In the interests
of uniformity, this symbol is the sole symbol for display in or on all public or private
buildings, facilities, and grounds which qualify for its use. The secretary of state shall obtain
the symbol and keep it on file. No building, facility, or grounds may display the symbol
unless it is in compliance with the rules adopted by the commissioner under subdivision 1.
Before any rules are proposed for adoption under this paragraph, the commissioner shall
consult with the Council on Disability. Rules adopted under this paragraph must be enforced
in the same way as other accessibility rules of the State Building Code.

Sec. 3.

Minnesota Statutes 2016, section 326B.815, subdivision 1, is amended to read:


Subdivision 1.

Fees.

(a) For the purposes of calculating fees under section 326B.092,
an initial or renewed residential contractor, residential remodeler, or residential roofer license
is a business license. Notwithstanding section 326B.092, the licensing fee for manufactured
home installers under section 327B.041 is deleted text begin$300deleted text endnew text begin $180new text end for a three-year period.

(b) All initial and renewal licenses, except for manufactured home installer licenses,
shall be effective for two years and shall expire on March 31 of the year after the year in
which the application is made.

(c) The commissioner shall in a manner determined by the commissioner, without the
need for any rulemaking under chapter 14, phase in the renewal of residential contractor,
residential remodeler, and residential roofer licenses from one year to two years. By June
30, 2011, all renewed residential contractor, residential remodeler, and residential roofer
licenses shall be two-year licenses.

Sec. 4.

Minnesota Statutes 2016, section 327B.041, is amended to read:


327B.041 MANUFACTURED HOME INSTALLERS.

(a) Manufactured home installers are subject to all of the fees in section 326B.092 and
the requirements of sections 326B.802 to 326B.885, except for the following:

(1) manufactured home installers are not subject to the continuing education requirements
of sections 326B.0981, 326B.099, and 326B.821, but are subject to the continuing education
requirements established in rules adopted under section 327B.10;

(2) the examination requirement of section 326B.83, subdivision 3, for manufactured
home installers shall be satisfied by successful completion of a written examination
administered and developed specifically for the examination of manufactured home installers.
The examination must be administered and developed by the commissioner. The
commissioner and the state building official shall seek advice on the grading, monitoring,
and updating of examinations from the Minnesota Manufactured Housing Association;

(3) a local government unit may not place a surcharge on a license fee, and may not
charge a separate fee to installers;

(4) a dealer or distributor who does not install or repair manufactured homes is exempt
from licensure under sections 326B.802 to 326B.885;

(5) the exemption under section 326B.805, subdivision 6, clause (5), does not apply;
and

(6) manufactured home installers are not subject to the contractor recovery fund in
section 326B.89.

(b) The commissioner may waive all or part of the requirements for licensure as a
manufactured home installer for any individual who holds an unexpired license or certificate
issued by any other state or other United States jurisdiction if the licensing requirements of
that jurisdiction meet or exceed the corresponding licensing requirements of the department
and the individual complies with section 326B.092, subdivisions 1 and 3 to 7. deleted text beginFor the
purposes of calculating fees under section 326B.092, licensure as a manufactured home
installer is a business license.
deleted text end

ARTICLE 9

WORKERS' COMPENSATION GENERAL

Section 1.

Minnesota Statutes 2017 Supplement, section 15A.083, subdivision 7, is
amended to read:


Subd. 7.

Workers' Compensation Court of Appeals and compensation judges.

Salaries of judges of the Workers' Compensation Court of Appeals are deleted text begin98.52deleted text endnew text begin 105new text end percent
of the salary for deleted text begindistrict courtdeleted text endnew text begin workers' compensationnew text end judgesnew text begin of the Office of Administrative
Hearings
new text end. The salary of the chief judge of the Workers' Compensation Court of Appeals is
deleted text begin 98.52deleted text endnew text begin 107new text end percent of the salary for deleted text begina chief district court judgedeleted text endnew text begin workers' compensation judges
of the Office of Administrative Hearings
new text end. Salaries of compensation judges are 98.52 percent
of the salary of district court judges.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2016, section 175A.05, is amended to read:


175A.05 QUORUM.

new text begin Subdivision 1. new text end

new text begin Judges' quorum. new text end

A majority of the judges of the Workers' Compensation
Court of Appeals shall constitute a quorum for the exercise of the powers conferred and the
duties imposed on the Workers' Compensation Court of Appeals except that all appeals
shall be heard by no more than a panel of three of the five judges unless the case appealed
is determined to be of exceptional importance by the chief judge prior to assignment of the
case to a panel, or by a three-fifths vote of the judges prior to assignment of the case to a
panel or after the case has been considered by the panel but prior to the service and filing
of the decision.

new text begin Subd. 2. new text end

new text begin Vacancy. new text end

A vacancy shall not impair the ability of the remaining judges of the
Workers' Compensation Court of Appeals to exercise all the powers and perform all of the
duties of the Workers' Compensation Court of Appeals.

new text begin Subd. 3. new text end

new text begin Retired judges. new text end

new text begin Where the number of Workers' Compensation Court of Appeals
judges available to hear a case is insufficient to constitute a quorum, the chief judge of the
Workers' Compensation Court of Appeals may, with the retired judge's consent, assign a
judge who is retired from the Workers' Compensation Court of Appeals or the Office of
Administrative Hearings to hear any case properly assigned to a judge of the Workers'
Compensation Court of Appeals. The retired judge assigned to the case may act on it with
the full powers of the judge of the Workers' Compensation Court of Appeals. A retired
judge performing this service shall receive pay and expenses in the amount and manner
provided by law for judges serving on the court, less the amount of retirement pay the judge
is receiving under chapter 352 or 490.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 3.

Minnesota Statutes 2016, section 176.231, subdivision 9, is amended to read:


Subd. 9.

Uses deleted text beginwhichdeleted text endnew text begin thatnew text end may be made of reports.

new text begin(a) new text endReports filed with the
commissioner under this section may be used in hearings held under this chapter, and for
the purpose of state investigations and for statistics. These reports are available to the
Department of Revenue for use in enforcing Minnesota income tax and property tax refund
laws, and the information shall be protected as provided in chapter 270B.

new text begin (b) new text endThe division or Office of Administrative Hearings or Workers' Compensation Court
of Appeals may permit the examination of its file by the employer, insurer, employee, or
dependent of a deceased employee or any person who furnishes deleted text beginwrittendeleted text endnew text begin signednew text end authorization
to do so from the employer, insurer, employee, or dependent of a deceased employee.
Reports filed under this section and other information the commissioner has regarding
injuries or deaths shall be made available to the Workers' Compensation Reinsurance
Association for use by the association in carrying out its responsibilities under chapter 79.

new text begin (c) The division may provide the worker identification number assigned under section
176.275, subdivision 1, without a signed authorization required under paragraph (b) to an:
new text end

new text begin (1) attorney who represents one of the persons described in paragraph (b);
new text end

new text begin (2) attorney who represents an intervenor or potential intervenor under section 176.361;
new text end

new text begin (3) intervenor; or
new text end

new text begin (4) employee's assigned qualified rehabilitation consultant under section 176.102.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 4.

new text begin [176.2611] COORDINATION OF THE OFFICE OF ADMINISTRATIVE
HEARINGS' CASE MANAGEMENT SYSTEM AND THE WORKERS'
COMPENSATION IMAGING SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the definitions in this
subdivision apply unless otherwise specified.
new text end

new text begin (b) "Commissioner" means the commissioner of labor and industry.
new text end

new text begin (c) "Department" means the Department of Labor and Industry.
new text end

new text begin (d) "Document" includes all data, whether in electronic or paper format, that is filed
with or issued by the office or department related to a claim-specific dispute resolution
proceeding under this section.
new text end

new text begin (e) "Office" means the Office of Administrative Hearings.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section governs filing requirements pending completion
of the workers' compensation modernization program and access to documents and data in
the office's case management system, the workers' compensation Informix imaging system,
and the system that will be developed as a result of the workers' compensation modernization
program. This section prevails over any conflicting provision in this chapter, Laws 1998,
chapter 366, or corresponding rules.
new text end

new text begin Subd. 3. new text end

new text begin Documents that must be filed with the office. new text end

new text begin Except as provided in
subdivision 4 and section 176.421, all documents that require action by the office under
this chapter must be filed, electronically or in paper format, with the office as required by
the chief administrative law judge. Filing a document that initiates or is filed in preparation
for a proceeding at the office satisfies any requirement under this chapter that the document
must be filed with the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Documents that must be filed with the commissioner. new text end

new text begin (a) The following
documents must be filed directly with the commissioner in the format and manner prescribed
by the commissioner:
new text end

new text begin (1) all requests for an administrative conference under section 176.106, regardless of
the amount in dispute;
new text end

new text begin (2) a motion to intervene in an administrative conference that is pending at the department;
new text end

new text begin (3) any other document related to an administrative conference that is pending at the
department;
new text end

new text begin (4) an objection to a penalty assessed by the commissioner or the department;
new text end

new text begin (5) requests for medical and rehabilitation dispute certification under section 176.081,
subdivision 1, paragraph (c), including related documents; and
new text end

new text begin (6) except as provided in this subdivision or subdivision 3, any other document required
to be filed with the commissioner.
new text end

new text begin (b) The filing requirement in paragraph (a), clause (1), makes no changes to the
jurisdictional provisions in section 176.106. A claim petition that contains only medical or
rehabilitation issues, unless primary liability is disputed, is considered to be a request for
an administrative conference and must be filed with the commissioner.
new text end

new text begin (c) The commissioner must refer a timely, unresolved objection to a penalty under
paragraph (a), clause (4), to the office within 60 calendar days.
new text end

new text begin Subd. 5. new text end

new text begin Form revision and access to documents and data. new text end

new text begin (a) The commissioner
must revise dispute resolution forms, in consultation with the chief administrative law judge,
to reflect the filing requirements in this section.
new text end

new text begin (b) For purposes of this subdivision, "complete, read-only electronic access" means the
ability to view all data and document contents, including scheduling information, related
to workers' compensation disputes, except for the following:
new text end

new text begin (1) a confidential mediation statement, including any documents submitted with the
statement for the mediator's review;
new text end

new text begin (2) work product of a compensation judge, mediator, or commissioner that is not issued.
Examples of work product include personal notes of hearings or conferences and draft
decisions;
new text end

new text begin (3) the department's Vocational Rehabilitation Unit's case management system data;
new text end

new text begin (4) the special compensation fund's case management system data; and
new text end

new text begin (5) audit trail information.
new text end

new text begin (c) The office must be provided with continued, complete, read-only electronic access
to the workers' compensation Informix imaging system.
new text end

new text begin (d) The department must be provided with read-only electronic access to the office's
case management system, including the ability to view all data, including scheduling
information, but excluding access into filed documents.
new text end

new text begin (e) The office must send the department all documents that are accepted for filing or
issued by the office. The office must send the documents to the department, electronically
or by courier, within two business days of when the documents are accepted for filing or
issued by the office.
new text end

new text begin (f) The department must place documents that the office sends to the department in the
appropriate imaged file for the employee.
new text end

new text begin (g) The department must send the office copies of the following documents, electronically
or by courier, within two business days of when the documents are filed with or issued by
the department:
new text end

new text begin (1) notices of discontinuance;
new text end

new text begin (2) decisions issued by the department; and
new text end

new text begin (3) mediated agreements.
new text end

new text begin (h) Upon integration of the office's case management system and the department's system
resulting from the workers' compensation modernization program, each agency will be
provided with complete, read-only electronic access to the other agency's system.
new text end

new text begin (i) Each agency's responsible authority pursuant to section 13.02, subdivision 16, is
responsible for its own employees' use and dissemination of the data and documents in the
workers' compensation Informix imaging system, the office's case management system, and
the system developed as a result of the workers' compensation modernization program.
new text end

new text begin Subd. 6. new text end

new text begin Data privacy. new text end

new text begin (a) All documents filed with or issued by the department or the
office under this chapter are private data on individuals and nonpublic data pursuant to
chapter 13, except that the documents are available to the following:
new text end

new text begin (1) the office;
new text end

new text begin (2) the department;
new text end

new text begin (3) the employer;
new text end

new text begin (4) the insurer;
new text end

new text begin (5) the employee;
new text end

new text begin (6) the dependent of a deceased employee;
new text end

new text begin (7) an intervenor in the dispute;
new text end

new text begin (8) the attorney to a party in the dispute;
new text end

new text begin (9) a person who furnishes written authorization from the employer, insurer, employee,
or dependent of a deceased employee; and
new text end

new text begin (10) a person, agency, or other entity allowed access to the documents under this chapter
or other law.
new text end

new text begin (b) The office and department may post notice of scheduled proceedings on the agencies'
Web sites and at their principal places of business in any manner that protects the employee's
identifying information.
new text end

new text begin Subd. 7. new text end

new text begin Workers' Compensation Court of Appeals. new text end

new text begin The Workers' Compensation
Court of Appeals has authority to amend its rules of procedure to reflect electronic filing
with the office under this section for purposes of section 176.421, subdivision 5, and to
allow electronic filing with the court under section 176.285. The court may amend its rules
using the procedure in section 14.389.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 5.

Laws 2017, chapter 94, article 1, section 6, is amended to read:


Sec. 6. WORKERS' COMPENSATION COURT
OF APPEALS

$
1,913,000
$
deleted text begin 1,913,000
deleted text end new text begin 1,946,000
new text end

This appropriation is from the workers'
compensation fund.

ARTICLE 10

HOSPITAL OUTPATIENT FEE SCHEDULE

Section 1.

new text begin [176.1364] WORKERS' COMPENSATION HOSPITAL OUTPATIENT
FEE SCHEDULE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Addendum A" means the addendum entitled "OPPS APCs for CY 2018," or its
successor, developed by the Centers for Medicare and Medicaid Services (Medicare) for
use in the Medicare Hospital Outpatient Prospective Payment System (OPPS) system under
Code of Federal Regulations, title 42, part 419, as may be amended from time to time.
new text end

new text begin (c) "Addendum B" means the addendum entitled "OPPS Payment by HCPCS Codes for
CY 2018," or its successor, developed by the Centers for Medicare and Medicaid Services
(Medicare) for use in the Medicare Hospital Outpatient Prospective Payment System (OPPS)
system under Code of Federal Regulations, title 42, part 419, as may be amended from time
to time.
new text end

new text begin (d) "HCPCS code" means a numeric or alphanumeric code included in the Centers for
Medicare and Medicaid Services' Healthcare Common Procedure Coding System. A HCPCS
code is used to identify a specific medical service.
new text end

new text begin (e) "Hospital" means a facility that is licensed by the Department of Health under section
144.50.
new text end

new text begin (f) "HOFS" means the workers' compensation hospital outpatient fee schedule established
under subdivision 3.
new text end

new text begin (g) "Insurer" includes workers' compensation insurers and self-insured employers.
new text end

new text begin (h) "Services" includes articles, supplies, procedures, and implantable devices provided
by the hospital with the service. Services are identified by a code described in subdivision
3.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin (a) This section only applies to payment of charges for hospital
outpatient services if the charges include a service listed in the workers' compensation
hospital outpatient fee schedule established by the commissioner under subdivision 3. If
the charges do not include a service listed in the HOFS, payment shall be:
new text end

new text begin (1) the liability for each service that is included in the workers' compensation relative
value fee schedule as provided in section 176.136, subdivision 1a, and corresponding rules
adopted by the commissioner to implement the relative value fee schedule; or
new text end

new text begin (2) the liability as provided in section 176.136, subdivision 1b, paragraphs (b) and (c),
for each service that is not included in the workers' compensation relative value fee schedule.
new text end

new text begin (b) This section does not apply to outpatient services provided at a hospital that is certified
by Medicare as a critical access hospital. Outpatient services provided by these hospitals
shall be paid as provided in section 176.136, subdivision 1b, paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Hospital outpatient fee schedule (HOFS). new text end

new text begin (a) Effective for hospital outpatient
services on or after October 1, 2018, the commissioner shall establish a workers'
compensation hospital outpatient fee schedule (HOFS) to establish the payment for hospital
bills with charges for services with a J1 or J2 status indicator as listed in the status indicator
(SI) column of Addendum B and the comprehensive observation services Ambulatory
Payment Classification (APC) 8011 with a J2 status indicator in Addendum A. The
commissioner shall publish a link to the HOFS in the State Register before October 1, 2018,
and shall maintain the current HOFS on the department's Web site.
new text end

new text begin (b) The amount listed for each of the procedures in the HOFS as described in paragraph
(a) shall be the relative weight for the procedure multiplied by a HOFS conversion factor
that results in the same overall payment for hospital outpatient services under this section
as the actual payments made in the most recent 12-month period available before the effective
date of this section. The commissioner must establish separate conversion factors to achieve
the same overall payment for noncritical access hospitals of 100 or fewer licensed beds and
hospitals with more than 100 licensed beds. The commissioner shall establish the two
conversion factors according to the requirements in clauses (1) to (4) in consultation with
insurer and hospital representatives.
new text end

new text begin (1) The commissioner shall obtain a suitable sample of de-identified data for Minnesota
workers' compensation outpatient cases at Minnesota hospitals for the most recently available
12-month period. The commissioner may obtain de-identified data from any reliable source,
including Minnesota hospitals and insurers, or their representatives. Any data provided to
the commissioner by a hospital, insurer, or their representative under this subdivision is
nonpublic data under section 13.02, subdivision 9.
new text end

new text begin (2) The sample must be divided into a data set for hospitals over 100 licensed beds, and
100 or fewer licensed beds, excluding critical access hospitals.
new text end

new text begin (3) For each data set the commissioner shall:
new text end

new text begin (i) calculate the total amount of the actual payments made in the most recent 12-month
period available before the effective date of this section, adjusted for inflation to July 2018;
and
new text end

new text begin (ii) apply all of the payment provisions in this section to each claim including, as
applicable, payment under the relative value fee schedule or 85 percent of the hospital's
usual and customary charge under section 176.136, subdivisions 1a and 1b, to determine
the total payment amount using the Medicare conversion factor in effect for the OPPS in
effect on July 1, 2018.
new text end

new text begin (4) The commissioner shall calculate the Minnesota conversion factor to equal the
Medicare conversion factor multiplied by the ratio of total payments under clause (3), item
(i), divided by the total payments under clause (3), item (ii).
new text end

new text begin (c) For purposes of this section:
new text end

new text begin (1) the relative weight is the amount in the "relative weight" column in Addendum B
and Addendum A for comprehensive observation services.
new text end

new text begin (2) references to J1, J2, and H status indicators; Addenda A and B; APC 8011; and
HCPCS code G0378 includes any successor status indicators, addenda, APC, or HCPCS
code established by the Centers for Medicare and Medicaid Services.
new text end

new text begin (d) On October 1 of each year, the commissioner shall adjust the HOFS conversion
factors based on the market basket index for inpatient hospital services calculated by
Medicare and published on its Web site. The adjustment on each October 1 shall be a
percentage equal to the value of that index averaged over the four quarters of the most recent
calendar year divided by the value of that index over the four quarters of the prior calendar
year.
new text end

new text begin (e) No later than October 1, 2021, and at least once every three years thereafter, the
commissioner shall update the HOFS established under this subdivision by incorporating
services with a J1 or J2 status indicator, and the corresponding relative weights, listed in
the Addenda A and B most recently available on Medicare's Web site as of the preceding
July 1. If Addenda A and B are not available on Medicare's Web site on the preceding July
1, the HOFS most recently published on the department's Web site remains in effect.
new text end

new text begin (1) Each time the HOFS is updated under this paragraph, the commissioner shall adjust
the conversion factors so that there is no difference between the overall payment under the
new HOFS and the overall payment under the HOFS most recently in effect, for services
in both HOFSs.
new text end

new text begin (2) The conversion factor adjustments under this paragraph shall be made separately for
each hospital category in paragraph (b).
new text end

new text begin (3) The conversion factor adjustments under this paragraph must be made before making
any additional adjustment under paragraph (d).
new text end

new text begin (f) The commissioner shall give notice in the State Register of the adjusted conversion
factor in paragraph (d) no later than October 1 annually. The commissioner shall give notice
in the State Register of an updated HOFS under paragraph (e) no later than October 1 of
the year in which the HOFS becomes effective. The notice must include a link to the HOFS
published on the department's Web site. The notices, the updated fee schedules, and the
adjusted conversion factors are not rules subject to chapter 14, but have the force and effect
of law as of the effective date published in the State Register.
new text end

new text begin Subd. 4. new text end

new text begin Payment under the hospital outpatient fee schedule. new text end

new text begin (a) Services in the
HOFS, and other hospital outpatient services provided with or as part of service in the
HOFS, are paid according to paragraphs (b) and (c).
new text end

new text begin (b) If a hospital bill includes a charge for one or more services with a J1 status indicator,
payment shall be as provided in this paragraph.
new text end

new text begin (1) If the bill includes a charge for only one service with only a J1 status indicator,
payment shall be the amount listed in the HOFS for that service, regardless of the amount
charged by the hospital.
new text end

new text begin (2) If the bill includes charges for more than one service with a J1 status indicator, the
service with the highest listed fee in the HOFS shall be paid at 100 percent of the listed fee.
Each additional service listed in the hospital outpatient fee shall be paid at 50 percent of
the listed fee. Payment under this clause shall be based on the applicable percentage of the
listed fee, regardless of the amount charged by the hospital.
new text end

new text begin (3) If the bill includes an additional charge for a service that does not have a J1 status
indicator listed in the HOFS, no separate payment is made for the additional service. Payment
for the additional service, including any service with a J2 status indicator, is packaged into
and is not paid separately from the payment amount listed in the HOFS for the service with
the J1 status indicator. Implantable devices are paid separately only as provided in subdivision
5.
new text end

new text begin (4) The insurer must not deny payment for any additional service packaged into payment
for a service listed in the HOFS on the basis that the additional service was not reasonably
required or causally related to an admitted work injury.
new text end

new text begin (c) If a hospital bill includes one or more charges for services with a J2 status indicator,
and does not include any charges for services with a J1 status indicator, payment shall be
as provided in this paragraph.
new text end

new text begin (1) Except for services packaged into an observation service as provided in clause (4),
payment for each service with a J2 status indicator shall be the amount listed in the HOFS,
regardless of the amount charged by the hospital.
new text end

new text begin (2) If a service without a HCPCS code is billed with a service with a J2 status indicator,
payment is packaged into the payment for the J2 service.
new text end

new text begin (3) Payment for drugs with a HCPCS code is separate from payment for the service with
the J2 code as provided in this clause.
new text end

new text begin (i) If the drug is delivered by injection or infusion, payment for the drug is packaged
into payment for the injection or infusion service.
new text end

new text begin (ii) If the drug is not delivered by injection or infusion, payment for the drug is paid at
the Medicare Average Sales Price (ASP) of the drug on the day the drug is dispensed. No
later than October 1, 2018, and October 1 of each subsequent year, the commissioner must
publish on the department's Web site a link to the ASP most recently available as of the
preceding July 1. If no ASP is available, the most recently posted ASP linked on the
department's Web site remains in effect.
new text end

new text begin (4) If a bill includes eight or more units of service with the HCPCS code G0378
(observation services, per hour), and there is a physician's or dentist's order for observation,
payment shall be the amount listed in the HOFS for the comprehensive observation services
Ambulatory Payment Classification 8011, regardless of the amount charged by the hospital.
All other services billed by the hospital, including other services with a J2 status indicator,
are packaged into the payment amount and are not paid separately from the payment amount
listed in the fee schedule for HCPCS code G0378.
new text end

new text begin (5) For any other service on the same bill as the service with a J2 status indicator, payment
shall be as provided in subdivision 2, paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Implantable devices. new text end

new text begin The maximum fee for any service in the HOFS includes
payment for all implantable devices, even if the Medicare OPPS would otherwise allow
separate payment for the implantable device. However, separate payment in the amount of
85 percent of the hospital's usual and customary charge for an implantable device is allowed
if the implantable device:
new text end

new text begin (1) has an H status indicator in Addendum B;
new text end

new text begin (2) is properly charged on a bill with a service with a J1 status indicator in the HOFS;
and
new text end

new text begin (3) is properly billed with another HCPCS code, if required by Medicare's OPPS system.
new text end

new text begin The commissioner shall update the HOFS each October 1 to include any HCPCS codes that
are payable under this section according to the Addendum B most recently available on the
preceding July 1.
new text end

new text begin Subd. 6. new text end

new text begin Study. new text end

new text begin (a) The commissioner shall conduct a study analyzing the percentage
of claims with a service in the HOFS that were paid timely and the percentage of claims
paid accurately. The commissioner must report the results of the study and recommendations
to the Workers' Compensation Advisory Council and chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over workers'
compensation by January 15, 2021.
new text end

new text begin (b) Based on the results of the study, the WCAC shall consider whether there is a
minimum 80 percent compliance in timeliness and accuracy of payments, and additional
statutory amendments, including but not limited to:
new text end

new text begin (1) a maximum ten percent reduction in payments under the HOFS; and
new text end

new text begin (2) an increase in indemnity benefits to injured workers.
new text end

new text begin Subd. 7. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may adopt or amend rules, using the authority
in section 14.386, paragraph (a), to implement this section. The rules are not subject to
expiration under section 14.386, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for hospital outpatient services provided
on or after October 1, 2018.
new text end

ARTICLE 11

OUTPATIENT BILLING, PAYMENT, AND DISPUTE RESOLUTION

Section 1.

Minnesota Statutes 2016, section 176.136, subdivision 1b, is amended to read:


Subd. 1b.

Limitation of liability.

(a) The liability of the employer for treatment, articles,
and supplies provided to an employee while an inpatient or outpatient at a Critical Access
Hospital certified by the Centers for Medicare and Medicaid Servicesdeleted text begin, or while an outpatient
at a hospital with 100 or fewer licensed beds,
deleted text end shall be the hospital's usual and customary
charge, unless the charge is determined by the commissioner or a compensation judge to
be unreasonably excessive.

(b) The liability of the employer for the treatment, articles, and supplies that are not
limited by paragraph (a), subdivision 1adeleted text begin,deleted text endnew text begin ornew text end 1c, deleted text beginordeleted text end section 176.1362new text begin, 176.1363, or 176.1364,new text end
shall be limited to 85 percent of the provider's usual and customary charge, or 85 percent
of the prevailing charges for similar treatment, articles, and supplies furnished to an injured
person when paid for by the injured person, whichever is lowernew text begin, except as provided in
paragraph (e)
new text end. On this basis, the commissioner or compensation judge may determine the
reasonable value of all treatment, services, and supplies, and the liability of the employer
is limited to that amount. The commissioner may by rule establish the reasonable value of
a service, article, or supply in lieu of the 85 percent limitation in this paragraph. A prevailing
charge established under Minnesota Rules, part 5221.0500, subpart 2, must be based on no
more than two years of billing data immediately preceding the date of the service.

(c) The limitation of liability for charges provided by paragraph (b) does not apply to a
nursing home that participates in the medical assistance program and whose rates are
established by the commissioner of human services.

(d) An employer's liability for treatment, articles, and supplies provided under this chapter
by a health care provider located outside of Minnesota is limited to the payment that the
health care provider would receive if the treatment, article, or supply were paid under the
workers' compensation law of the jurisdiction in which the treatment was provided.

new text begin (e) The limitation of the employer's liability based on 85 percent of prevailing charge
does not apply to charges by an ambulatory surgical center as defined in section 176.1363,
subdivision 1, paragraph (b), or a hospital as defined in section 176.1364, subdivision 1,
paragraph (e).
new text end

new text begin (f) For purposes of this chapter, "inpatient" means a patient that has been admitted to a
hospital by an order from a physician or dentist. If there is no inpatient admission order,
the patient is deemed an outpatient. The hospital must provide documentation of an inpatient
order upon the request of the employer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for treatment, articles, and supplies
provided on or after October 1, 2018.
new text end

Sec. 2.

new text begin [176.1365] OUTPATIENT BILLING, PAYMENT, AND DISPUTE
RESOLUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section applies to billing, payment, and dispute resolution
for services provided by an ambulatory surgical center (ASC) under section 176.1363 and
hospital outpatient services under section 176.1364. For purposes of this section, "insurer"
includes self-insured employer and "services" is as defined in section 176.1364.
new text end

new text begin Subd. 2. new text end

new text begin Outpatient billing, coding, and prior notification. new text end

new text begin (a) Ambulatory surgical
centers and hospitals must bill workers' compensation insurers for services governed by
sections 176.1363 and 176.1364 using the same codes, formats, and details that are required
for billing the Medicare program, including coding consistent with the American Medical
Association Current Procedural Terminology coding system and Medicare's Ambulatory
Surgical Center Payment System, Outpatient Prospective Payment System, Outpatient Code
Editor, Healthcare Current Procedural Terminology Coding System, and the National Correct
Coding Initiative Policy Manual for Medicare Services and associated Web page and tables.
new text end

new text begin (b) All charges for ASC or hospital outpatient fee schedule services governed by sections
176.1363 and 176.1364 must be submitted to the insurer on the appropriate electronic
transaction required by section 176.135, subdivisions 7 and 7a. ASCs must submit charges
on the electronic 837P form. ASCs must not separately bill for the services and items
included in the ASC facility fee under Code of Federal Regulations, title 42, section
416.164(a). Minnesota Rules, part 5221.4033, subpart 1a, does not apply to ASCs under
this section, but does apply to hospital outpatient facility fees to the extent they are not
covered by the hospital outpatient fee schedule under section 176.1364.
new text end

new text begin (c) Hospitals, ASCs, and insurers must comply with the prior notification and approval
or authorization requirements specified in Minnesota Rules, part 5221.6050, subpart 9. Prior
notification may be provided by either the hospital, ASC, or the surgeon. For purposes of
prior notification under Minnesota Rules, part 5221.6050, subpart 9, "inpatient" has the
meaning as provided under section 176.136, subdivision 1b, paragraph (d).
new text end

new text begin (d) ASC or hospital bills must be submitted to insurers as required by section 176.135,
subdivisions 7 and 7a, and within the time period required by section 62Q.75, subdivision
3. Insurers must respond to the initial bill as provided in section 176.135, subdivisions 6
and 7a. Copies of any records or reports relating to the items for which payment is sought
are separately payable as provided in section 176.135, subdivision 7, paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin ASC or hospital request for reconsideration; insurer response; time frames.
new text end

new text begin (a) Following receipt of the insurer's explanation of review (EOR) or explanation of benefits
(EOB), the ASC or hospital may request reconsideration of a payment denial or reduction.
The ASC or hospital must submit its request for reconsideration in writing to the insurer
within one year of the date of the EOR or EOB.
new text end

new text begin (b) The insurer must issue a written response to the ASC or hospital's request for
reconsideration within 30 days, as provided in section 176.135, subdivision 6. The written
response must address the issues raised by the request for reconsideration and not simply
reiterate the information on the EOR or EOB.
new text end

new text begin Subd. 4. new text end

new text begin Insurer request for reimbursement of overpayment; time frame. new text end

new text begin If the
payer determines it has overpaid an ASC or hospital's charges based on workers'
compensation statutes and rules, the payer must submit its request for reimbursement in
writing to the ASC or hospital within one year of the date of the payment.
new text end

new text begin Subd. 5. new text end

new text begin Medical requests for administrative conference; time frame to file. new text end

new text begin (a) An
ASC, hospital, or insurer must notify the provider or payer, as applicable, of its intent to
file a medical request for an administrative conference under section 176.106 at least 20
days before filing one with the department. The insurer, or the ASC or hospital if permitted
by section 176.136, subdivision 2, must file the medical request for an administrative
conference no later than the latest of:
new text end

new text begin (1) one year after the date of the initial EOR or EOB if the ASC or hospital does not
request a reconsideration of a payment denial or reduction under subdivision 3;
new text end

new text begin (2) one year after the date of the insurer's response to the ASC or hospital's request for
reconsideration under subdivision 3; or
new text end

new text begin (3) one year after the insurer's request for reimbursement of an overpayment from an
ASC or hospital under subdivision 4.
new text end

new text begin (b) Paragraph (a) does not prohibit an employee from filing a medical request for
assistance or claim petition for the payment denied or reduced by the insurer. However, the
ASC or hospital may not bill the employee for the denied or reduced payment when
prohibited by this chapter.
new text end

new text begin Subd. 6. new text end

new text begin Interest. new text end

new text begin (a) An insurer must pay the ASC or hospital interest at an annual rate
of four percent if it is determined that the insurer is liable for additional ASC or hospital
charges following a denial of payment. Interest is payable by the insurer on the additional
amount owed from the date payment was due.
new text end

new text begin (b) An ASC or hospital must pay the insurer interest at an annual rate of four percent if
it is determined that the hospital owes the insurer reimbursement following the insurer's
request for reimbursement of an overpayment. Interest is payable by the ASC or hospital
on the amount of the overpayment from the date the overpayment was made.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for services provided on or after October
1, 2018.
new text end

ARTICLE 12

AMBULATORY SURGICAL CENTERS

Section 1.

new text begin [176.1363] AMBULATORY SURGICAL CENTER PAYMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purpose of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Ambulatory surgical center" or "ASC" means a facility that is: (1) certified as an
ASC by the Centers for Medicare and Medicaid Services; or (2) licensed by the Department
of Health as a freestanding outpatient surgical center and not owned by a hospital.
new text end

new text begin (c) "Conversion factor" means the Medicare ambulatory surgical center payment system
(ASCPS) conversion factor used for ASCs that meet the Medicare quality reporting
requirements, whether or not the ASC submitting the bill has met the quality reporting
requirements.
new text end

new text begin (d) "Covered surgical procedures and ancillary services" means the procedures listed in
ASCPS, addendum AA, and the ancillary services integral to covered surgical procedures
listed in ASCPS, addendum BB.
new text end

new text begin (e) "Insurer" includes workers' compensation insurers and self-insured employers.
new text end

new text begin (f) "Ambulatory surgical center payment system" or "ASCPS" means the system
developed by the Centers for Medicare and Medicaid Services for payment of surgical
services provided by federally certified ASCs as specified in:
new text end

new text begin (1) Code of Federal Regulations, title 42, part 416, including without limitation the
geographic adjustment for the ASC and the multiple surgical procedure reduction rule;
new text end

new text begin (2) annual revisions to Code of Federal Regulations, title 42, part 416, as published in
the Federal Register;
new text end

new text begin (3) the corresponding addendum AA (final ASC covered surgical procedures), addendum
BB (final covered ancillary services integral to covered surgical procedures), addendum
DD1 (final ASC payment indicators), and any successor or replacement addenda; and
new text end

new text begin (4) the Medicare claims processing manual.
new text end

new text begin (g) "Medicare ASCPS payment" means the Medicare ASCPS payment used for ASCs
that meet the Medicare quality reporting requirements, whether or not the ASC submitting
the bill has met the Medicare quality reporting requirements.
new text end

new text begin Subd. 2. new text end

new text begin Payment for covered surgical procedures and ancillary services based on
Medicare ASCPS.
new text end

new text begin (a) Except as provided in subdivisions 3 and 4, the payment to the ASC
for covered surgical procedures and ancillary services shall be the lesser of:
new text end

new text begin (1) the ASC's usual and customary charge for all services, supplies, and implantable
devices provided; or
new text end

new text begin (2) the Medicare ASCPS payment, times a multiplier of 320 percent.
new text end

new text begin (i) The amount payable under this clause includes payment for all implantable devices,
even if the Medicare ASCPS would otherwise allow separate payment for the implantable
device.
new text end

new text begin (ii) The 320 percent described in this clause must be adjusted if, on July 1, 2019, or any
subsequent July 1, the conversion factor is less than 98 percent of the conversion factor in
effect on the previous July 1. When this occurs, the multiplier must be 320 percent times
98 percent divided by the percentage that the current Medicare conversion factor bears to
the Medicare conversion factor in effect on the prior July 1. In subsequent years, the
multiplier is 320 percent, unless the Medicare ASCPS conversion factor declines by more
than two percent.
new text end

new text begin (b) Payment under this section is effective for covered surgical procedures and ancillary
services provided by an ASC on or after October 1, 2018, through September 30, 2019, and
shall be based on the addenda AA, BB, and DD1 most recently available on the Centers for
Medicare and Medicaid Services Web site as of July 1, 2018, and the corresponding rules
and Medicare claims processing manual described in subdivision 1, paragraph (f).
new text end

new text begin (1) Payment for covered surgical procedures and ancillary services provided by an ASC
on or after each subsequent October 1 shall be based on the addenda AA, BB, and DD1
most recently available on the Centers for Medicare and Medicaid Services Web site as of
the preceding July 1 and the corresponding rules and Medicare claims processing manual.
new text end

new text begin (2) If the Centers for Medicare and Medicaid Services has not updated addendum AA,
BB, or DD1 on its Web site since the commissioner's previous notice under paragraph (c),
the addenda identified in the notice published by the commissioner in paragraph (c) and the
corresponding rules and Medicare claims processing manual shall remain in effect.
new text end

new text begin (3) Addenda AA, BB, and DD1 under this subdivision includes successor or replacement
addenda.
new text end

new text begin (c) The commissioner shall annually give notice in the State Register of any adjustment
to the multiplier under paragraph (a), clause (2), and of the applicable addenda in paragraph
(b) no later than October 1. The notice must identify and include a link to the applicable
addenda. The notices and any adjustment to the multiplier are not rules subject to chapter
14, but have the force and effect of law as of the effective date published in the State Register.
new text end

new text begin Subd. 3. new text end

new text begin Payment for compensable surgical services not covered under ASCPS. new text end

new text begin (a)
If a surgical procedure provided by an ASC is compensable under this chapter but is not
listed in addendum AA or BB of the Medicare ASCPS, payment must be 75 percent of the
ASC's usual and customary charge for the procedure with the highest charge. Payment for
each subsequent surgical procedure not listed in addendum AA or BB must be paid at 50
percent of the ASC's usual and customary charge.
new text end

new text begin (b) Payment must be 75 percent of the ASC's usual and customary charge for a surgical
procedure or ancillary service if the procedure or service is listed in Medicare ASCPS
addendum AA or BB and: (1) the payment indicator provides it is paid at a reasonable cost;
(2) the payment indicator provides it is contractor priced; or (3) a payment rate is not
otherwise provided.
new text end

new text begin Subd. 4. new text end

new text begin Study. new text end

new text begin The commissioner shall conduct a study analyzing the impact of the
reforms, including timeliness and accuracy of payment under this section, and recommend
further changes if needed. The commissioner must report the results of the study to the
Workers' Compensation Advisory Council and the chairs and ranking minority members
of the legislative committees with jurisdiction over workers' compensation by January 15,
2021.
new text end

new text begin Subd. 5. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may adopt or amend rules using the authority
in section 14.386, paragraph (a), to implement this section and the Medicare ASCPS for
workers' compensation. The rules are not subject to expiration under section 14.386,
paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for procedures and services provided by
an ASC on or after October 1, 2018, except subdivision 5 is effective the day following
final enactment.
new text end

ARTICLE 13

WORKERS' COMPENSATION BENEFITS

Section 1.

Minnesota Statutes 2016, section 176.011, subdivision 15, is amended to read:


Subd. 15.

Occupational disease.

(a) "Occupational disease" means a mental impairment
as defined in paragraph (d) or physical disease arising out of and in the course of employment
peculiar to the occupation in which the employee is engaged and due to causes in excess of
the hazards ordinary of employment and shall include undulant fever. Physical stimulus
resulting in mental injury and mental stimulus resulting in physical injury shall remain
compensable. Mental impairment is not considered a disease if it results from a disciplinary
action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement,
or similar action taken in good faith by the employer. Ordinary diseases of life to which the
general public is equally exposed outside of employment are not compensable, except where
the diseases follow as an incident of an occupational disease, or where the exposure peculiar
to the occupation makes the disease an occupational disease hazard. A disease arises out of
the employment only if there be a direct causal connection between the conditions under
which the work is performed and if the occupational disease follows as a natural incident
of the work as a result of the exposure occasioned by the nature of the employment. An
employer is not liable for compensation for any occupational disease which cannot be traced
to the employment as a direct and proximate cause and is not recognized as a hazard
characteristic of and peculiar to the trade, occupation, process, or employment or which
results from a hazard to which the worker would have been equally exposed outside of the
employment.

(b) If immediately preceding the date of disablement or death, an employee was employed
on active duty with an organized fire or police department of any municipality, as a member
of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest
officer by the Department of Natural Resources, state correctional officer, or sheriff or
full-time deputy sheriff of any county, and the disease is that of myocarditis, coronary
sclerosis, pneumonia or its sequel, and at the time of employment such employee was given
a thorough physical examination by a licensed doctor of medicine, and a written report
thereof has been made and filed with such organized fire or police department, with the
Minnesota State Patrol, conservation officer service, state crime bureau, Department of
Natural Resources, Department of Corrections, or sheriff's department of any county, which
examination and report negatived any evidence of myocarditis, coronary sclerosis, pneumonia
or its sequel, the disease is presumptively an occupational disease and shall be presumed
to have been due to the nature of employment. If immediately preceding the date of
disablement or death, any individual who by nature of their position provides emergency
medical care, or an employee who was employed as a licensed police officer under section
626.84, subdivision 1; firefighter; paramedic; state correctional officer; emergency medical
technician; or licensed nurse providing emergency medical care; and who contracts an
infectious or communicable disease to which the employee was exposed in the course of
employment outside of a hospital, then the disease is presumptively an occupational disease
and shall be presumed to have been due to the nature of employment and the presumption
may be rebutted by substantial factors brought by the employer or insurer. Any substantial
factors which shall be used to rebut this presumption and which are known to the employer
or insurer at the time of the denial of liability shall be communicated to the employee on
the denial of liability.

(c) A firefighter on active duty with an organized fire department who is unable to
perform duties in the department by reason of a disabling cancer of a type caused by exposure
to heat, radiation, or a known or suspected carcinogen, as defined by the International
Agency for Research on Cancer, and the carcinogen is reasonably linked to the disabling
cancer, is presumed to have an occupational disease under paragraph (a). If a firefighter
who enters the service after August 1, 1988, is examined by a physician prior to being hired
and the examination discloses the existence of a cancer of a type described in this paragraph,
the firefighter is not entitled to the presumption unless a subsequent medical determination
is made that the firefighter no longer has the cancer.

(d) For the purposes of this chapter, "mental impairment" means a diagnosis of
post-traumatic stress disorder by a licensed psychiatrist or psychologist. For the purposes
of this chapter, "post-traumatic stress disorder" means the condition as described in the most
recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by
the American Psychiatric Association. For purposes of section 79.34, subdivision 2, one or
more compensable mental impairment claims arising out of a single event or occurrence
shall constitute a single loss occurrence.

new text begin (e) If, preceding the date of disablement or death, an employee who was employed on
active duty as: a licensed police officer; a firefighter; a paramedic; an emergency medical
technician; a licensed nurse employed to provide emergency medical services outside of a
medical facility; a public safety dispatcher; an officer employed by the state or a political
subdivision at a corrections, detention, or secure treatment facility; a sheriff or full-time
deputy sheriff of any county; or a member of the Minnesota State Patrol is diagnosed with
a mental impairment as defined in paragraph (d), and had not been diagnosed with the mental
impairment previously, then the mental impairment is presumptively an occupational disease
and shall be presumed to have been due to the nature of employment. This presumption
may be rebutted by substantial factors brought by the employer or insurer. Any substantial
factors that are used to rebut this presumption and that are known to the employer or insurer
at the time of the denial of liability shall be communicated to the employee on the denial
of liability. The mental impairment is not considered an occupational disease if it results
from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion,
termination, retirement, or similar action taken in good faith by the employer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for employees with dates of injury on
or after January 1, 2019.
new text end

Sec. 2.

Minnesota Statutes 2016, section 176.101, subdivision 2, is amended to read:


Subd. 2.

Temporary partial disability.

(a) In all cases of temporary partial disability
the compensation shall be 66-2/3 percent of the difference between the weekly wage of the
employee at the time of injury and the wage the employee is able to earn in the employee's
partially disabled condition. This compensation shall be paid during the period of disability
except as provided in this section, payment to be made at the intervals when the wage was
payable, as nearly as may be, and subject to the maximum rate for temporary total
compensation.

(b) Temporary partial compensation may be paid only while the employee is employed,
earning less than the employee's weekly wage at the time of the injury, and the reduced
wage the employee is able to earn in the employee's partially disabled condition is due to
the injury. Except as provided in section 176.102, subdivision 11, paragraphs (b) and (c),
temporary partial compensation may not be paid for more than deleted text begin225deleted text endnew text begin 275new text end weeks, or after 450
weeks after the date of injury, whichever occurs first.

(c) Temporary partial compensation must be reduced to the extent that the wage the
employee is able to earn in the employee's partially disabled condition plus the temporary
partial disability payment otherwise payable under this subdivision exceeds 500 percent of
the statewide average weekly wage.

Sec. 3.

Minnesota Statutes 2016, section 176.101, subdivision 2a, is amended to read:


Subd. 2a.

Permanent partial disability.

(a) Compensation for permanent partial disability
is as provided in this subdivision. Permanent partial disability must be rated as a percentage
of the whole body in accordance with rules adopted by the commissioner under section
176.105. The percentage determined pursuant to the rules must be multiplied by the
corresponding amount in the following table:

Impairment Rating
Amount
(percent)
less than 5.5
$
deleted text begin 75,000
deleted text end new text begin 78,800
new text end
5.5 to less than 10.5
deleted text begin 80,000
deleted text end new text begin 84,000
new text end
10.5 to less than 15.5
deleted text begin 85,000
deleted text end new text begin 89,300
new text end
15.5 to less than 20.5
deleted text begin 90,000
deleted text end new text begin 94,500
new text end
20.5 to less than 25.5
deleted text begin 95,000
deleted text end new text begin 99,800
new text end
25.5 to less than 30.5
deleted text begin 100,000
deleted text end new text begin 105,000
new text end
30.5 to less than 35.5
deleted text begin 110,000
deleted text end new text begin 115,500
new text end
35.5 to less than 40.5
deleted text begin 120,000
deleted text end new text begin 126,000
new text end
40.5 to less than 45.5
deleted text begin 130,000
deleted text end new text begin 136,500
new text end
45.5 to less than 50.5
deleted text begin 140,000
deleted text end new text begin 147,000
new text end
50.5 to less than 55.5
deleted text begin 165,000
deleted text end new text begin 173,300
new text end
55.5 to less than 60.5
deleted text begin 190,000
deleted text end new text begin 199,500
new text end
60.5 to less than 65.5
deleted text begin 215,000
deleted text end new text begin 225,800
new text end
65.5 to less than 70.5
deleted text begin 240,000
deleted text end new text begin 252,000
new text end
70.5 to less than 75.5
deleted text begin 265,000
deleted text end new text begin 278,300
new text end
75.5 to less than 80.5
deleted text begin 315,000
deleted text end new text begin 330,800
new text end
80.5 to less than 85.5
deleted text begin 365,000
deleted text end new text begin 383,300
new text end
85.5 to less than 90.5
deleted text begin 415,000
deleted text end new text begin 435,800
new text end
90.5 to less than 95.5
deleted text begin 465,000
deleted text end new text begin 488,300
new text end
95.5 up to and including 100
deleted text begin 515,000
deleted text end new text begin 540,800
new text end

An employee may not receive compensation for more than a 100 percent disability of
the whole body, even if the employee sustains disability to two or more body parts.

(b) Permanent partial disability is payable upon cessation of temporary total disability
under subdivision 1. If the employee requests payment in a lump sum, then the compensation
must be paid within 30 days. This lump-sum payment may be discounted to the present
value calculated up to a maximum five percent basis. If the employee does not choose to
receive the compensation in a lump sum, then the compensation is payable in installments
at the same intervals and in the same amount as the employee's temporary total disability
rate on the date of injury. Permanent partial disability is not payable while temporary total
compensation is being paid.

Sec. 4.

Minnesota Statutes 2016, section 176.101, subdivision 4, is amended to read:


Subd. 4.

Permanent total disability.

For permanent total disability, as defined in
subdivision 5, the compensation shall be 66-2/3 percent of the daily wage at the time of the
injury, subject to a maximum weekly compensation equal to the maximum weekly
compensation for a temporary total disability and a minimum weekly compensation equal
to 65 percent of the statewide average weekly wage. This compensation shall be paid during
the permanent total disability of the injured employee but after a total of $25,000 of weekly
compensation has been paid, the amount of the weekly compensation benefits being paid
by the employer shall be reduced by the amount of any disability benefits being paid by
any government disability benefit program if the disability benefits are occasioned by the
same injury or injuries which give rise to payments under this subdivision. This reduction
shall also apply to any old age and survivor insurance benefits. Payments shall be made at
the intervals when the wage was payable, as nearly as may be. In case an employee who is
permanently and totally disabled becomes an inmate of a public institution, no compensation
shall be payable during the period of confinement in the institution, unless there is wholly
dependent on the employee for support some person named in section 176.111, subdivision
1, 2 or 3
, in which case the compensation provided for in section 176.111, during the period
of confinement, shall be paid for the benefit of the dependent person during dependency.
The dependency of this person shall be determined as though the employee were deceased.
Permanent total disability shall cease at age deleted text begin67 because the employee is presumed retired
from the labor market
deleted text endnew text begin 72, except that if an employee is injured after age 67, permanent total
disability benefits shall cease after five years of those benefits have been paid
new text end. deleted text beginThis
presumption is rebuttable by the employee. The subjective statement the employee is not
retired is not sufficient in itself to rebut the presumptive evidence of retirement but may be
considered along with other evidence.
deleted text end

Sec. 5.

Minnesota Statutes 2016, section 176.102, subdivision 11, is amended to read:


Subd. 11.

Retraining; compensation.

(a) Retraining is limited to 156 weeks. An
employee who has been approved for retraining may petition the commissioner or
compensation judge for additional compensation not to exceed 25 percent of the
compensation otherwise payable. If the commissioner or compensation judge determines
that this additional compensation is warranted due to unusual or unique circumstances of
the employee's retraining plan, the commissioner may award additional compensation in
an amount not to exceed the employee's request. This additional compensation shall cease
at any time the commissioner or compensation judge determines the special circumstances
are no longer present.

(b) If the employee is not employed during a retraining plan that has been specifically
approved under this section, temporary total compensation is payable for up to 90 days after
the end of the retraining plan; except that, payment during the 90-day period is subject to
cessation in accordance with section 176.101. If the employee is employed during the
retraining plan but earning less than at the time of injury, temporary partial compensation
is payable at the rate of 66-2/3 percent of the difference between the employee's weekly
wage at the time of injury and the weekly wage the employee is able to earn in the employee's
partially disabled condition, subject to the maximum rate for temporary total compensation.
Temporary partial compensation is not subject to the deleted text begin225-weekdeleted text endnew text begin 275-weeknew text end or 450-week
limitations provided by section 176.101, subdivision 2, during the retraining plan, but is
subject to those limitations before and after the plan.

(c) Any request for retraining shall be filed with the commissioner before 208 weeks of
any combination of temporary total or temporary partial compensation have been paid.
Retraining shall not be available after 208 weeks of any combination of temporary total or
temporary partial compensation benefits have been paid unless the request for the retraining
has been filed with the commissioner prior to the time the 208 weeks of compensation have
been paid.

(d) The employer or insurer must notify the employee in writing of the 208-week
limitation for filing a request for retraining with the commissioner. This notice must be
given before 80 weeks of temporary total disability or temporary partial disability
compensation have been paid, regardless of the number of weeks that have elapsed since
the date of injury. If the notice is not given before the 80 weeks, the period of time within
which to file a request for retraining is extended by the number of days the notice is late,
but in no event may a request be filed later than 225 weeks after any combination of
temporary total disability or temporary partial disability compensation have been paid. The
commissioner may assess a penalty of $25 per day that the notice is late, up to a maximum
penalty of $2,000, against an employer or insurer for failure to provide the notice. The
penalty is payable to the commissioner for deposit in the assigned risk safety account.

Sec. 6.

Minnesota Statutes 2016, section 176.83, subdivision 5, is amended to read:


Subd. 5.

Treatment standards for medical services.

(a) In consultation with the Medical
Services Review Board or the rehabilitation review panel, the commissioner shall adopt
rules establishing standards and procedures for health care provider treatment. The rules
shall apply uniformly to all providers including those providing managed care under section
176.1351. The rules shall be used to determine whether a provider of health care services
and rehabilitation services, including a provider of medical, chiropractic, podiatric, surgical,
hospital, or other services, is performing procedures or providing services at a level or with
a frequency that is excessive, unnecessary, or inappropriate under section 176.135,
subdivision 1
, based upon accepted medical standards for quality health care and accepted
rehabilitation standards.

(b) The rules shall include, but are not limited to, the following:

(1) criteria for diagnosis and treatment of the most common work-related injuries
including, but not limited to, low back injuries and upper extremity repetitive trauma injuries;

(2) criteria for surgical procedures including, but not limited to, diagnosis, prior
conservative treatment, supporting diagnostic imaging and testing, and anticipated outcome
criteria;

(3) criteria for use of appliances, adaptive equipment, and use of health clubs or other
exercise facilities;

(4) criteria for diagnostic imaging procedures;

(5) criteria for inpatient hospitalization;

(6) criteria for treatment of chronic pain; deleted text beginand
deleted text end

(7) criteria for the long-term use of opioids or other scheduled medications to alleviate
intractable pain and improve function, including the use of written contracts between the
injured worker and the health care provider who prescribes the medicationdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) criteria for treatment of post-traumatic stress disorder. In developing such treatment
criteria, the commissioner and the Medical Services Review Board shall consider the
guidance set forth in the American Psychological Association's most recently adopted
Clinical Practice Guideline for the Treatment of Posttraumatic Stress Disorder (PTSD) in
Adults. The commissioner shall adopt such rules using the expedited rulemaking process
in section 14.389, including subdivision 5, to commence promptly upon final enactment of
the legislation enacting this clause. Such rules shall apply to employees with all dates of
injury who receive treatment after the commissioner adopts the rules. In consultation with
the Medical Services Review Board, the commissioner shall review and update the rules
governing criteria for treatment of post-traumatic stress disorder each time the American
Psychological Association adopts a significant change to their Clinical Practice Guideline
for the Treatment of PTSD in Adults, using the expedited rulemaking process in section
14.389, including subdivision 5.
new text end

(c) If it is determined by the payer that the level, frequency, or cost of a procedure or
service of a provider is excessive, unnecessary, or inappropriate according to the standards
established by the rules, the provider shall not be paid for the procedure, service, or cost by
an insurer, self-insurer, or group self-insurer, and the provider shall not be reimbursed or
attempt to collect reimbursement for the procedure, service, or cost from any other source,
including the employee, another insurer, the special compensation fund, or any government
program unless the commissioner or compensation judge determines at a hearing or
administrative conference that the level, frequency, or cost was not excessive under the
rules in which case the insurer, self-insurer, or group self-insurer shall make the payment
deemed reasonable.

(d) A rehabilitation provider who is determined by the rehabilitation review panel board,
after hearing, to be consistently performing procedures or providing services at an excessive
level or cost may be prohibited from receiving any further reimbursement for procedures
or services provided under this chapter. A prohibition imposed on a provider under this
subdivision may be grounds for revocation or suspension of the provider's license or
certificate of registration to provide health care or rehabilitation service in Minnesota by
the appropriate licensing or certifying body. The commissioner and Medical Services Review
Board shall review excessive, inappropriate, or unnecessary health care provider treatment
under section 176.103.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 7. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective for employees with dates of injury
on or after October 1, 2018.
new text end

ARTICLE 14

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; POLICY

Section 1.

Minnesota Statutes 2016, section 268.035, subdivision 12, is amended to read:


Subd. 12.

Covered employment.

(a) "Covered employment" means deleted text beginthe following unless
excluded as "noncovered employment" under subdivision 20:
deleted text end

deleted text begin (1)deleted text end an employee's entire employment during the calendar quarter if:

deleted text begin (i)deleted text end new text begin(1) 50 percent or more of new text endthe employment during the quarter is performed deleted text beginprimarilydeleted text end
in Minnesota;

deleted text begin (ii)deleted text endnew text begin (2) 50 percent or more ofnew text end the employment during the quarter is not performed
deleted text begin primarilydeleted text end in Minnesota or any other statenew text begin, or Canada,new text end but some of the employment is
performed in Minnesota and the deleted text beginbase of operations or the place from which the employment
is directed or controlled is in Minnesota; or
deleted text end

deleted text begin (iii) the employment during the quarter is not performed primarily in Minnesota or any
other state and the base of operations or place from which the employment is directed or
controlled is not in any state where part of the employment is performed, but the
deleted text end employee's
residence is in Minnesotanew text begin during 50 percent or more of the calendar quarternew text end;

deleted text begin (2) an employee's entire employment during the calendar quarter performed within the
United States or Canada, if:
deleted text end

deleted text begin (i) the employment is not covered employment under the unemployment insurance
program of any other state, federal law, or the law of Canada; and
deleted text end

deleted text begin (ii) the place from which the employment is directed or controlled is in Minnesota;
deleted text end

(3) the employment during the deleted text begincalendardeleted text end quarterdeleted text begin,deleted text endnew text begin isnew text end performed deleted text beginentirelydeleted text end outside the United
States and Canada, by an employee who is a United States citizen in the employ of an
American employernew text begin,new text end if the employer's principal place of business in the United States is
located in Minnesota.new text begin For the purposes of this clause, new text endan "American employerdeleted text begin,deleted text end" deleted text beginfor the
purposes of this clause, means a corporation organized under the laws of any state, an
individual who is a resident of the United States, or a partnership if two-thirds or more of
the partners are residents of the United States, or a trust, if all of the trustees are residents
of the United States
deleted text endnew text begin is as defined under the Federal Unemployment Tax Act, United States
Code title 26, chapter 23, section 3306, subsection (j)(3)
new text end; and

(4) deleted text beginalldeleted text endnew text begin thenew text end employment during the deleted text begincalendardeleted text end quarter new text beginis new text endperformed by an officer or member
of the crew of an American vessel deleted text beginon or in connection with the vessel, if thedeleted text end operatingnew text begin on
navigable waters within, or within and without, the United States, and the
new text end office from which
the operations of the vessel deleted text beginoperating on navigable waters within, or within and without,
the United States
deleted text end are deleted text beginordinarily and regularly supervised,deleted text end manageddeleted text begin, directed,deleted text end and controlled
is in Minnesota.

(b) "Covered employment" includes covered agricultural employment under subdivision
11.

(c) For the purposes of section 268.095, "covered employment" includes employment
covered under an unemployment insurance program:

(1) of any other state; deleted text beginor
deleted text end

(2) established by an act of Congressdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) the law of Canada.
new text end

new text begin (d) The percentage of employment performed under paragraph (a) is determined by the
amount of hours worked.
new text end

new text begin (e) Covered employment does not include any employment defined as "noncovered
employment" under subdivision 20.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 268.035, subdivision 20, is amended
to read:


Subd. 20.

Noncovered employment.

"Noncovered employment" means:

(1) employment for the United States government or an instrumentality thereof, including
military service;

(2) employment for a state, other than Minnesota, or a political subdivision or
instrumentality thereof;

(3) employment for a foreign government;

(4) employment covered under the federal Railroad Unemployment Insurance Act;

(5) employment for a church or convention or association of churches, or a nonprofit
organization operated primarily for religious purposes that is operated, supervised, controlled,
or principally supported by a church or convention or association of churches;

(6) employment for an elementary or secondary school with a curriculum that includes
religious education that is operated by a church, a convention or association of churches,
or a nonprofit organization that is operated, supervised, controlled, or principally supported
by a church or convention or association of churches;

(7) employment for Minnesota or a political subdivision, or a nonprofit organization, of
a duly ordained or licensed minister of a church in the exercise of a ministry or by a member
of a religious order in the exercise of duties required by the order;

(8) employment for Minnesota or a political subdivision, or a nonprofit organization, of
an individual receiving rehabilitation of "sheltered" work in a facility conducted for the
purpose of carrying out a program of rehabilitation for individuals whose earning capacity
is impaired by age or physical or mental deficiency or injury or a program providing
"sheltered" work for individuals who because of an impaired physical or mental capacity
cannot be readily absorbed in the competitive labor market. This clause applies only to
services performed in a facility certified by the Rehabilitation Services Branch of the
department or in a day training or habilitation program licensed by the Department of Human
Services;

(9) employment for Minnesota or a political subdivision, or a nonprofit organization, of
an individual receiving work relief or work training as part of an unemployment work relief
or work training program financed in whole or in part by any federal agency or an agency
of a state or political subdivision thereof. This clause does not apply to programs that require
unemployment benefit coverage for the participants;

(10) employment for Minnesota or a political subdivision, as an elected official, a member
of a legislative body, or a member of the judiciary;

(11) employment as a member of the Minnesota National Guard or Air National Guard;

(12) employment for Minnesota or a political subdivision, or instrumentality thereof, of
an individual serving on a temporary basis in case of fire, flood, tornado, or similar
emergency;

(13) employment as an election official or election worker for Minnesota or a political
subdivision, if the compensation for that employment was less than $1,000 in a calendar
year;

(14) employment for Minnesota that is a major policy-making or advisory position in
the unclassified service;

(15) employment for Minnesota in an unclassified position established under section
43A.08, subdivision 1a;

(16) employment for a political subdivision of Minnesota that is a nontenured major
policy making or advisory position;

(17) domestic employment in a private household, local college club, or local chapter
of a college fraternity or sorority, if the wages paid in any calendar quarter in either the
current or prior calendar year to all individuals in domestic employment totaled less than
$1,000.

"Domestic employment" includes all service in the operation and maintenance of a
private household, for a local college club, or local chapter of a college fraternity or sorority
as distinguished from service as an employee in the pursuit of an employer's trade or business;

(18) employment of an individual by a son, daughter, or spouse, and employment of a
child under the age of 18 by the child's father or mother;

(19) employment of an inmate of a custodial or penal institution;

(20) employment for a school, college, or university, by a student who is enrolled and
whose primary relation to the school, college, or university is as a student. This does not
include an individual whose primary relation to the school, college, or university is as an
employee who also takes courses;

(21) employment of an individual who is enrolled as a student in a full-time program at
a nonprofit or public educational institution that maintains a regular faculty and curriculum
and has a regularly organized body of students in attendance at the place where its educational
activities are carried on, taken for credit at the institution, that combines academic instruction
with work experience, if the employment is an integral part of the program, and the institution
has so certified to the employer, except that this clause does not apply to employment in a
program established for or on behalf of an employer or group of employers;

new text begin (22) employment of a foreign college or university student who works on a seasonal or
temporary basis under the J-1 visa summer work travel program described in Code of Federal
Regulations, title 22, section 62.32;
new text end

deleted text begin (22)deleted text endnew text begin (23)new text end employment of university, college, or professional school students in an
internship or other training program with the city of St. Paul or the city of Minneapolis
under Laws 1990, chapter 570, article 6, section 3;

deleted text begin (23)deleted text endnew text begin (24)new text end employment for a hospital by a patient of the hospital. "Hospital" means an
institution that has been licensed by the Department of Health as a hospital;

deleted text begin (24)deleted text endnew text begin (25)new text end employment as a student nurse for a hospital or a nurses' training school by
an individual who is enrolled and is regularly attending classes in an accredited nurses'
training school;

deleted text begin (25)deleted text endnew text begin (26)new text end employment as an intern for a hospital by an individual who has completed a
four-year course in an accredited medical school;

deleted text begin (26)deleted text endnew text begin (27)new text end employment as an insurance salesperson, by other than a corporate officer, if
all the wages from the employment is solely by way of commission. The word "insurance"
includes an annuity and an optional annuity;

deleted text begin (27)deleted text endnew text begin (28)new text end employment as an officer of a township mutual insurance company or farmer's
mutual insurance company under chapter 67A;

deleted text begin (28)deleted text endnew text begin (29)new text end employment of a corporate officer, if the officer directly or indirectly, including
through a subsidiary or holding company, owns 25 percent or more of the employer
corporation, and employment of a member of a limited liability company, if the member
directly or indirectly, including through a subsidiary or holding company, owns 25 percent
or more of the employer limited liability company;

deleted text begin (29)deleted text endnew text begin (30)new text end employment as a real estate salesperson, other than a corporate officer, if all
the wages from the employment is solely by way of commission;

deleted text begin (30)deleted text endnew text begin (31)new text end employment as a direct seller as defined in United States Code, title 26, section
3508;

deleted text begin (31)deleted text endnew text begin (32)new text end employment of an individual under the age of 18 in the delivery or distribution
of newspapers or shopping news, not including delivery or distribution to any point for
subsequent delivery or distribution;

deleted text begin (32)deleted text endnew text begin (33)new text end casual employment performed for an individual, other than domestic
employment under clause (17), that does not promote or advance that employer's trade or
business;

deleted text begin (33)deleted text endnew text begin (34)new text end employment in "agricultural employment" unless it is "covered agricultural
employment" under subdivision 11; or

deleted text begin (34)deleted text endnew text begin (35)new text end if employment during one-half or more of any pay period was covered
employment, all the employment for the pay period is covered employment; but if during
more than one-half of any pay period the employment was noncovered employment, then
all of the employment for the pay period is noncovered employment. "Pay period" means
a period of not more than a calendar month for which a payment or compensation is ordinarily
made to the employee by the employer.

Sec. 3.

Minnesota Statutes 2016, section 268.051, subdivision 2a, is amended to read:


Subd. 2a.

Unemployment insurance tax deleted text beginlimitsdeleted text endnew text begin reductionnew text end.

(a) If the balance in the trust
fund on December 31 of any calendar year is four percent or more above the amount equal
to an average high cost multiple of 1.0, future unemployment taxes payable must be reduced
by all amounts above 1.0. The amount of tax reduction for any taxpaying employer is the
same percentage of the total amount above 1.0 as the percentage of taxes paid by the
employer during the calendar year is of the total amount of taxes that were paid by all
deleted text begin nonmaximum experience rateddeleted text end employers during the yearnew text begin except taxes paid by employers
assigned a tax rate equal to the maximum experience rating plus the applicable base tax
rate
new text end.

(b) For purposes of this subdivision, "average high cost multiple" has the meaning given
in Code of Federal Regulations, title 20, section 606.3, as amended through December 31,
2015. An amount equal to an average high cost multiple of 1.0 is a federal measure of
adequate reserves in relation to the state's current economy. The commissioner must calculate
and publish, as soon as possible following December 31 of any calendar year, the trust fund
balance on December 31 along with the amount an average high cost multiple of 1.0 equals.
Actual wages paid must be used in the calculation and estimates may not be used.

(c) new text beginThe unemployment tax reduction under new text endthis subdivision does not apply to employers
that were deleted text beginatdeleted text endnew text begin assigned a tax rate equal tonew text end the maximum experience rating new text beginplus the applicable
base tax rate
new text endfor the yeardeleted text begin, nor to high experience rating industry employers under subdivision
5, paragraph (b)
deleted text end. Computations under paragraph (a) are not subject to the rounding
requirement of section 268.034. The refund provisions of section 268.057, subdivision 7,
do not apply.

(d) The unemployment tax reduction under this subdivision applies to taxes deleted text beginpaiddeleted text endnew text begin payablenew text end
between March 1 and December 15 of the year following the December 31 computation
under paragraph (a).

(e) deleted text beginThe amount equal to the average high cost multiple of 1.0 on December 31, 2012,
must be used for the calculation under paragraph (a) but only for the calculation made on
December 31, 2015. Notwithstanding paragraph (d), the tax reduction resulting from the
application of this paragraph applies to unemployment taxes paid between July 1, 2016,
and June 30, 2017.
deleted text endnew text begin If there was an experience rating history transfer under subdivision 4,
the successor employer must receive that portion of the predecessor employer's tax reduction
equal to that portion of the experience rating history transferred. The predecessor employer
retains that portion of tax reduction not transferred to the successor. This paragraph applies
to that portion of the tax reduction that remains unused at the time notice of acquisition is
provided under subdivision 4, paragraph (e).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 4. new text beginADDITIONAL UNEMPLOYMENT BENEFITS PROGRAM FOR WORKERS
LAID OFF FROM INTERNATIONAL BILDRITE, INC.
new text end

new text begin Subdivision 1. new text end

new text begin Availability of additional benefits. new text end

new text begin Additional unemployment benefits
are available from the Minnesota unemployment insurance trust fund to an applicant who
was laid off due to lack of work between December 1, 2017, and June 30, 2018, at
International Bildrite, Inc. facilities in International Falls.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility requirements. new text end

new text begin An applicant is eligible to receive additional
unemployment benefits under this section for any week beginning April 1, 2018, through
the week ending June 1, 2019, if:
new text end

new text begin (1) the applicant established a benefit account under Minnesota Statutes, section 268.07,
with a majority of the wage credits from International Bildrite, Inc., and has exhausted the
maximum amount of regular unemployment benefits available on that benefit account; and
new text end

new text begin (2) the applicant meets the same requirements that an applicant for regular unemployment
benefits must meet under Minnesota Statutes, section 268.069, subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Weekly and maximum amount of additional unemployment benefits. new text end

new text begin (a)
The weekly benefit amount of additional unemployment benefits is the same as the weekly
benefit amount of regular unemployment benefits on the benefit account established in
subdivision 2, clause (1).
new text end

new text begin (b) The maximum amount of additional unemployment benefits available to an applicant
under this section is an amount equal to 13 weeks of payment at the applicant's weekly
additional unemployment benefit amount.
new text end

new text begin (c) If an applicant qualifies for a new regular benefit account that meets the requirements
of subdivision 4, paragraph (b), before the applicant has been paid additional unemployment
benefits, and that new regular benefit account meets the requirements of subdivision 2,
clause (1), the applicant's weekly additional unemployment benefit amount is equal to the
weekly unemployment benefit amount on the applicant's new regular benefit account.
new text end

new text begin Subd. 4. new text end

new text begin Qualifying for a new regular benefit account. new text end

new text begin (a) If after exhausting the
maximum amount of regular unemployment benefits available as a result of the layoff under
subdivision 1, an applicant qualifies for the new regular benefit account under Minnesota
Statutes, section 268.07, the applicant must apply for and establish that new regular benefit
account.
new text end

new text begin (b) If the applicant's weekly benefit amount under the new regular benefit account is
equal to or higher than the applicant's weekly additional unemployment benefit amount, the
applicant must request unemployment benefits under the new regular benefit account. An
applicant is ineligible for additional unemployment benefits under this section until the
applicant has exhausted the maximum amount of unemployment benefits available on the
new regular benefit account.
new text end

new text begin (c) If the applicant's weekly unemployment benefit amount on the new regular benefit
account is less than the applicant's weekly benefit amount of additional unemployment
benefits, the applicant must request additional unemployment benefits. An applicant is
ineligible for new regular unemployment benefits until the applicant has exhausted the
maximum amount of additional unemployment benefits available under this section.
new text end

new text begin Subd. 5. new text end

new text begin Charging of benefits. new text end

new text begin Additional unemployment benefits paid under this section
must be used to compute the future unemployment tax rate of a taxpaying employer or
charged to the reimbursing account of government or nonprofit employers.
new text end

new text begin Subd. 6. new text end

new text begin Eligibility for federal Trade Readjustment Allowance benefits. new text end

new text begin An applicant
who has applied and been determined eligible for federal Trade Readjustment Allowance
benefits is not eligible for extended unemployment benefits under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective September 16, 2018.
new text end

ARTICLE 15

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; INTEREST

Section 1.

Minnesota Statutes 2016, section 268.057, subdivision 5, is amended to read:


Subd. 5.

Interest on amounts past due.

If any amounts due from an employer under
this chapter or section 116L.20, except late fees under section 268.044, are not received on
the date due deleted text beginthe unpaid balance bearsdeleted text end new text beginthe commissioner must assess interest on any amount
that remains unpaid.
new text endInterest new text beginis assessed new text endat the rate of one percent per month or any part of
a month. new text beginInterest is not assessed on unpaid interest. new text endInterest collected under this subdivision
is credited to the contingent account.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2019.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 268.18, subdivision 2b, is amended
to read:


Subd. 2b.

Interest.

On any unemployment benefits obtained by misrepresentation, and
any penalty amounts assessed under subdivision 2, the commissioner must assess interest
deleted text begin at the rate of one percent per monthdeleted text end on any amount that remains unpaid beginning 30 calendar
days after the date of a determination of overpayment penalty. new text beginInterest is assessed at the
rate of one percent per month or any part of a month.
new text endA determination of overpayment
penalty must state that interest will be assessed. Interest is new text beginnot new text endassessed deleted text beginin the same manner
as on employer debt under section 268.057, subdivision 5
deleted text endnew text begin on unpaid interestnew text end. Interest
deleted text begin paymentsdeleted text end collected under this subdivision deleted text beginaredeleted text endnew text begin isnew text end credited to the trust fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2019.
new text end

Sec. 3. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective September 16, 2018.
new text end

ARTICLE 16

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; BASE PERIODS

Section 1.

Minnesota Statutes 2016, section 268.035, subdivision 4, is amended to read:


Subd. 4.

Base period.

(a) "Base period," unless otherwise provided in this subdivision,
means the most recent four completed calendar quarters before the effective date of an
applicant's application for unemployment benefits if the application has an effective date
occurring after the month following the most recent completed calendar quarter. The base
period under this paragraph is as follows:

If the application for unemployment
benefits is effective on or between these
dates:
The base period is the prior:
February 1 - March 31
January 1 - December 31
May 1 - June 30
April 1 - March 31
August 1 - September 30
July 1 - June 30
November 1 - December 31
October 1 - September 30

(b) If an application for unemployment benefits has an effective date that is during the
month following the most recent completed calendar quarter, then the base period is the
first four of the most recent five completed calendar quarters before the effective date of
an applicant's application for unemployment benefits. The base period under this paragraph
is as follows:

If the application for unemployment
benefits is effective on or between these
dates:
The base period is the prior:
January 1 - January 31
October 1 - September 30
April 1 - April 30
January 1 - December 31
July 1 - July 31
April 1 - March 31
October 1 - October 31
July 1 - June 30

(c) Regardless of paragraph (a), a base period of the first four of the most recent five
completed calendar quarters must be used if the applicant would have more wage credits
under that base period than under a base period of the four most recent completed calendar
quarters.

deleted text begin (d) If the applicant under paragraph (b) has insufficient wage credits to establish a benefit
account, then a base period of the most recent four completed calendar quarters before the
effective date of the applicant's application for unemployment benefits must be used.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end If the applicant has insufficient wage credits to establish a benefit account under
a base period of the four most recent completed calendar quarters, or a base period of the
first four of the most recent five completed calendar quarters, but during either base period
the applicant received workers' compensation for temporary disability under chapter 176
or a similar federal law or similar law of another state, or if the applicant whose own serious
illness caused a loss of work for which the applicant received compensation for loss of
wages from some other source, the applicant may request a base period as follows:

(1) if an applicant was compensated for a loss of work of seven to 13 weeksdeleted text begin,deleted text end new text beginduring a
base period referred to in paragraph (a) or (b), then
new text endthe base period is the first four of the
most recent six completed calendar quarters before the effective date of the application for
unemployment benefits;

(2) if an applicant was compensated for a loss of work of 14 to 26 weeksdeleted text begin,deleted text end new text beginduring a base
period referred to in paragraph (a) or (b), then
new text endthe base period is the first four of the most
recent seven completed calendar quarters before the effective date of the application for
unemployment benefits;

(3) if an applicant was compensated for a loss of work of 27 to 39 weeksdeleted text begin,deleted text end new text beginduring a base
period referred to in paragraph (a) or (b), then
new text endthe base period is the first four of the most
recent eight completed calendar quarters before the effective date of the application for
unemployment benefits; and

(4) if an applicant was compensated for a loss of work of 40 to 52 weeksdeleted text begin,deleted text end new text beginduring a base
period referred to in paragraph (a) or (b), then
new text endthe base period is the first four of the most
recent nine completed calendar quarters before the effective date of the application for
unemployment benefits.

deleted text begin (f)deleted text endnew text begin (e)new text end No base period under this subdivision may include wage credits upon which a
prior benefit account was established.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 268.07, subdivision 1, is amended
to read:


Subdivision 1.

Application for unemployment benefits; determination of benefit
account.

(a) An application for unemployment benefits may be filed in person, by mail, or
by electronic transmission as the commissioner may require. The applicant must be
unemployed at the time the application is filed and must provide all requested information
in the manner required. If the applicant is not unemployed at the time of the application or
fails to provide all requested information, the communication is not an application for
unemployment benefits.

(b) The commissioner must examine each application for unemployment benefits to
determine the base period and the benefit year, and based upon all the covered employment
in the base period the commissioner must determine the weekly unemployment benefit
amount available, if any, and the maximum amount of unemployment benefits available,
if any. The determination, which is a document separate and distinct from a document titled
a determination of eligibility or determination of ineligibility issued under section 268.101,
must be titled determination of benefit account. A determination of benefit account must
be sent to the applicant and all base period employers, by mail or electronic transmission.

(c) If a base period employer did not provide wage detail information for the applicant
as required under section 268.044, deleted text beginor provided erroneous information, or wage detail is not
yet due and the applicant is using a base period under section 268.035, subdivision 4,
paragraph (d),
deleted text end the commissioner may accept an applicant certification of wage credits, based
upon the applicant's records, and issue a determination of benefit account.

deleted text begin (d) An employer must provide wage detail information on an applicant within five
calendar days of request by the commissioner, in a manner and format requested, when:
deleted text end

deleted text begin (1) the applicant is using a base period under section 268.035, subdivision 4, paragraph
(d); and
deleted text end

deleted text begin (2) wage detail under section 268.044 is not yet required to have been filed by the
employer.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end The commissioner may, at any time within 24 months from the establishment of
a benefit account, reconsider any determination of benefit account and make an amended
determination if the commissioner finds that the wage credits listed in the determination
were incorrect for any reason. An amended determination of benefit account must be
promptly sent to the applicant and all base period employers, by mail or electronic
transmission. This subdivision does not apply to documents titled determinations of eligibility
or determinations of ineligibility issued under section 268.101.

deleted text begin (f)deleted text endnew text begin (e)new text end If an amended determination of benefit account reduces the weekly unemployment
benefit amount or maximum amount of unemployment benefits available, any unemployment
benefits that have been paid greater than the applicant was entitled is an overpayment of
unemployment benefits. A determination or amended determination issued under this section
that results in an overpayment of unemployment benefits must set out the amount of the
overpayment and the requirement under section 268.18, subdivision 1, that the overpaid
unemployment benefits must be repaid.

Sec. 3. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective September 16, 2018.
new text end

ARTICLE 17

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; HOUSEKEEPING

Section 1.

Minnesota Statutes 2017 Supplement, section 268.035, subdivision 15, is
amended to read:


Subd. 15.

Employment.

(a) "Employment" means service performed by:

(1) an individual who is an employee under the common law of employer-employee and
not an independent contractor;

(2) an officer of a corporation;

(3) a member of a limited liability company who is an employee under the common law
of employer-employee; deleted text beginor
deleted text end

new text begin (4) an individual who is an employee under the Federal Insurance Contributions Act,
United States Code, title 26, chapter 21, sections 3121 (d)(3)(A) and 3121 (d)(3)(D); or
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end product demonstrators in retail stores or other locations to aid in the sale of
products. The person that pays the wages is the employer.

(b) Employment does not include service as a juror.

(c) Construction industry employment is defined in subdivision 9a. Trucking and
messenger/courier industry employment is defined in subdivision 25b. Rules on determining
worker employment status are described under Minnesota Rules, chapter 3315.

Sec. 2.

Minnesota Statutes 2016, section 268.044, subdivision 2, is amended to read:


Subd. 2.

Failure to timely file report; late fees.

(a) Any employer that fails to submit
the quarterly wage detail report when due must pay a late fee of $10 per employee, computed
based upon the highest of:

(1) the number of employees reported on the last wage detail report submitted;

(2) the number of employees reported in the corresponding quarter of the prior calendar
year; or

(3) if no wage detail report has ever been submitted, the number of employees listed at
the time of employer registration.

The late fee is canceled if the wage detail report is received within 30 calendar days
after a demand for the report is sent to the employer by mail or electronic transmission. A
late fee assessed an employer may not be canceled more than twice each 12 months. The
amount of the late fee assessed may not be less than $250.

(b) If the wage detail report is not received in a manner and format prescribed by the
commissioner within 30 calendar days after demand is sent under paragraph (a), the late
fee assessed under paragraph (a) doubles and a renewed demand notice and notice of the
increased late fee will be sent to the employer by mail or electronic transmission.

(c) Late fees due under this subdivision may be canceled, in whole or in part, under
section deleted text begin268.066 where good cause for late submission is found by the commissionerdeleted text endnew text begin 268.067new text end.

Sec. 3.

Minnesota Statutes 2016, section 268.047, subdivision 3, is amended to read:


Subd. 3.

Exceptions for taxpaying employers.

Unemployment benefits paid will not
be used in computing the future tax rate of a taxpaying base period employer when:

(1) the applicant's wage credits from that employer are less than $500;

(2) the applicant quit the employment, unless it was determined under section 268.095,
to have been because of a good reason caused by the employer or because the employer
notified the applicant of discharge within 30 calendar days. This exception applies deleted text beginonlydeleted text end to
unemployment benefits paid for periods after the applicant's quitting the employmentnew text begin and,
if the applicant is rehired by the employer, continues only until the beginning of the week
the applicant is rehired
new text end; or

(3) the employer discharged the applicant from employment because of employment
misconduct as determined under section 268.095. This exception applies deleted text beginonlydeleted text end to
unemployment benefits paid for periods after the applicant's discharge from employmentnew text begin
and, if the applicant is rehired by the employer, continues only until the beginning of the
week the applicant is rehired
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2019.
new text end

Sec. 4.

Minnesota Statutes 2016, section 268.059, is amended to read:


268.059 GARNISHMENT FOR DELINQUENT TAXES AND UNEMPLOYMENT
BENEFIT OVERPAYMENTS.

Subdivision 1.

deleted text beginNoticedeleted text endnew text begin Authoritynew text end.

deleted text beginThe commissioner may give notice to any employer
that an employee owes any amounts due under this chapter or section 116L.20, and that the
obligation should be withheld from the employee's wages. The commissioner may proceed
only if the amount due is uncontested or if the time for any appeal has expired.
deleted text end new text beginThe
commissioner may garnish an employee's wages to collect amounts due under this chapter
or section 116L.20, as set forth in this section. Chapter 571 does not apply, except as
referenced in this section.
new text end

new text begin Subd. 1a. new text end

new text begin Notice. new text end

The commissioner may not proceed new text beginwith a garnishment new text enduntil 30
calendar days after sending to the debtor employee, by mail or electronic transmission, a
notice of intent to garnish wages and exemption notice. That notice must deleted text beginlistdeleted text endnew text begin includenew text end:

(1) the amount due from the debtor;

(2) demand for immediate payment; and

(3) the intention to serve a garnishment notice on the debtor's employer.

The notice expires 180 calendar days after it has been sent to the debtor provided that
the notice may be renewed by sending a new notice that is in accordance with this section.
The renewed notice has the effect of reinstating the priority of the original notice. deleted text beginThe
exemption notice must be in substantially the same form as in section 571.72.
deleted text end The new text beginexemption
new text end notice must inform the debtor of the right to claim exemptions contained in section 550.37,
subdivision 14
. deleted text beginIf no claim of exemption is received by the commissioner within 30 calendar
days after sending of the notice, the commissioner may proceed with the garnishment. The
notice to the debtor's employer may be served by mail or electronic transmission and must
be in substantially the same form as in section 571.75.
deleted text end

Subd. 2.

Employer action.

(a) new text beginThirty calendar days after sending the notice of intent to
garnish, the commissioner may send to the debtor's employer, by mail or electronic
transmission, a notice of garnishment, including a worksheet for determining the amount
to be withheld from wages each pay period. The amount to be withheld from wages is
subject to the limitations in section 571.922.
new text endUpon receipt of the garnishment notice, the
employer must withhold from the deleted text beginearningsdeleted text endnew text begin wagesnew text end due or to become due to the employee,
the amount deleted text beginshown on the notice plus accrued interest, subject to section 571.922deleted text endnew text begin determined
by the employer plus accrued interest
new text end. The employer must continue to withhold each pay
period the amount deleted text beginshown on the noticedeleted text end new text begindetermined by the employer new text endplus accrued interest
until the garnishment notice is released by the commissioner. Upon receipt of notice by the
employer, the claim of the commissioner has priority over any subsequent garnishments or
wage assignments. The commissioner may deleted text beginarrange between the employer and employee
for withholding a portion of the total amount due the employee each pay period,
deleted text endnew text begin agree to
accept a withholding amount that is less than the amount determined by the employer on
the worksheet
new text end until the total amount deleted text beginshown on the noticedeleted text endnew text begin duenew text end plus accrued interest has been
withheld.

new text begin (b) new text enddeleted text beginThe "earnings due" any employeedeleted text endnew text begin For the purposes of this section, "wages"new text end is as
defined in section deleted text begin571.921deleted text endnew text begin 268.035, subdivision 29new text end.

deleted text begin (b)deleted text endnew text begin (c)new text end The maximum garnishment allowed for any one pay period must be decreased
by any amounts payable under any other garnishment action served before the garnishment
notice, and any amounts covered by any irrevocable and previously effective assignment
of wagesdeleted text begin;deleted text endnew text begin.new text end The employer must give notice to the commissioner of the amounts and the facts
relating to the new text beginother garnishment or new text endassignment deleted text beginwithin ten calendar days after the service
of the garnishment notice
deleted text end on the deleted text beginformdeleted text endnew text begin worksheetnew text end provided by the commissioner.

deleted text begin (c)deleted text endnew text begin (d)new text end Within ten calendar days after the expiration of the pay period, the employer must
remit to the commissioner, on a form and in the manner prescribed by the commissioner,
the amount withheld during each pay period.

Subd. 3.

Discharge or discipline prohibited.

(a) If the employee ceases to be employed
by the employer before the full amount deleted text beginset forth on the garnishment noticedeleted text endnew text begin duenew text end plus accrued
interest has been withheld, the employer must immediately notify the commissioner in
writing or by electronic transmission, as prescribed by the commissioner, of the termination
date of the employee and the total amount withheld. No employer may discharge or discipline
any employee because the commissioner has proceeded under this section. If an employer
discharges an employee in violation of this section, the employee has the same remedy as
provided in section 571.927, subdivision 2.

(b) This section applies if the employer is the state of Minnesota or any political
subdivision.

(c) The commissioner must refund to the employee any excess amounts withheld from
the employee.

(d) An employer that fails or refuses to comply with this section is jointly and severally
liable for the total amount due from the employee. Any amount due from the employer
under this paragraph may be collected in the same manner as any other amounts due from
an employer under this chapter.

Sec. 5.

Minnesota Statutes 2016, section 268.085, subdivision 3, is amended to read:


Subd. 3.

new text beginVacation and sick new text endpayments that delay unemployment benefits.

(a) An
applicant is not eligible to receive unemployment benefits for any week the applicant is
receiving, has received, or will receive vacation pay, sick pay, or personal time off pay, also
known as "PTO."

This paragraph deleted text beginonly applies upon temporary, indefinite, or seasonal separation anddeleted text end does
not apply:

(1) upon a permanent separation from employment; or

(2) to payments from a vacation fund administered by a union or a third party not under
the control of the employer.

Payments under this deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end are applied to the period immediately
following the deleted text begintemporary, indefinite, or seasonal separation.deleted text endnew text begin later of the date of separation
from employment or the date the applicant first becomes aware that the employer will be
making a payment. The date the payment is actually made or received, or that an applicant
must agree to a release of claims, does not affect the application of this paragraph.
new text end

new text begin (b) This subdivision applies to all the weeks of payment. The weeks of payment is
determined as follows:
new text end

new text begin (1) if the payments are made periodically, the total of the payments to be received is
divided by the applicant's last level of regular weekly pay from the employer; or
new text end

new text begin (2) if the payment is made in a lump sum, that sum is divided by the applicant's last level
of regular weekly pay from the employer.
new text end

new text begin The "last level of regular weekly pay" includes commissions, bonuses, and overtime
pay if that is part of the applicant's ongoing regular compensation.
new text end

new text begin (c) Under this subdivision, if the payment with respect to a week is equal to or more
than the applicant's weekly unemployment benefit amount, the applicant is ineligible for
benefits for that week. If the payment with respect to a week is less than the applicant's
weekly unemployment benefit amount, unemployment benefits are reduced by the amount
of the payment.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end An applicant is not eligible to receive unemployment benefits for any week the
applicant is receiving, has received, or will receive severance pay, bonus pay, or any other
payments paid by an employer because of, upon, or after separation from employment.

This paragraph only applies if the payment is:

(1) considered wages under section 268.035, subdivision 29; or

(2) subject to the Federal Insurance Contributions Act (FICA) tax imposed to fund Social
Security and Medicare.

Payments under this paragraph are applied to the period immediately following the later
of the date of separation from employment or the date the applicant first becomes aware
that the employer will be making a payment. The date the payment is actually made or
received, or that an applicant must agree to a release of claims, does not affect the application
of this paragraph.

This paragraph does not apply to earnings under subdivision 5, back pay under
subdivision 6, or vacation pay, sick pay, or personal time off pay under paragraph (a).

new text begin (e) Paragraph (a) applies to all the weeks of payment. The weeks of payment is determined
in accordance with subdivision 3, paragraph (b).
new text end

new text begin (f) Under this subdivision, if the payment with respect to a week is equal to or more than
the applicant's weekly unemployment benefit amount, the applicant is ineligible for benefits
for that week. If the payment with respect to a week is less than the applicant's weekly
unemployment benefit amount, unemployment benefits are reduced by the amount of the
payment.
new text end

deleted text begin (c)deleted text endnew text begin (g)new text end An applicant is not eligible to receive unemployment benefits for any week the
applicant is receiving, has received, will receive, or has applied for pension, retirement, or
annuity payments from any plan contributed to by a base period employer including the
United States government. The base period employer is considered to have contributed to
the plan if the contribution is excluded from the definition of wages under section 268.035,
subdivision 29
. If the pension, retirement, or annuity payment is paid in a lump sum, an
applicant is not considered to have received a payment if:

(1) the applicant immediately deposits that payment in a qualified pension plan or
account; or

(2) that payment is an early distribution for which the applicant paid an early distribution
penalty under the Internal Revenue Code, United States Code, title 26, section 72(t)(1).

This paragraph does not apply to Social Security benefits under subdivision 4 or 4a.

deleted text begin (d)deleted text endnew text begin (h)new text end This subdivision applies to all the weeks of payment. deleted text beginThe number of weeks of
payment is determined as follows:
deleted text end

deleted text begin (1) if the payments are made periodically, the total of the payments to be received is
divided by the applicant's last level of regular weekly pay from the employer; or
deleted text end

deleted text begin (2)deleted text end If the payment is made in a lump sum, that sum is divided by the applicant's last
level of regular weekly pay from the employernew text begin to determine the weeks of paymentnew text end.

For purposes of this deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end,new text begin thenew text end "last level of regular weekly pay" includes
commissions, bonuses, and overtime pay if that is part of the applicant's ongoing regular
compensation.

deleted text begin (e)deleted text endnew text begin (i)new text end Under this subdivision, if the payment with respect to a week is equal to or more
than the applicant's weekly unemployment benefit amount, the applicant is ineligible for
benefits for that week. If the payment with respect to a week is less than the applicant's
weekly unemployment benefit amount, unemployment benefits are reduced by the amount
of the payment.

Sec. 6.

Minnesota Statutes 2016, section 268.085, subdivision 3a, is amended to read:


Subd. 3a.

Workers' compensation and disability insurance offset.

(a) An applicant
is not eligible to receive unemployment benefits for any week in which the applicant is
receiving or has received compensation for loss of wages equal to or in excess of the
applicant's weekly unemployment benefit amount under:

(1) the workers' compensation law of this state;

(2) the workers' compensation law of any other state or similar federal law; or

(3) any insurance or trust fund paid in whole or in part by an employer.

(b) This subdivision does not apply to an applicant who has a claim pending for loss of
wages under paragraph (a); however, before unemployment benefits may be paid when a
claim is pending, the issue of the applicant being available for suitable employment, as
required under subdivision 1, clause (4), deleted text beginisdeleted text endnew text begin must benew text end determined under section 268.101,
subdivision 2
. If the applicant later receives compensation as a result of the pending claim,
the applicant is subject to deleted text beginthe provisions ofdeleted text end paragraph (a) and the unemployment benefits
paid are deleted text beginsubject to recoupment by the commissioner to the extent that the compensation
constitutes
deleted text end overpaid unemployment benefitsnew text begin under section 268.18, subdivision 1new text end.

(c) If the amount of compensation described under paragraph (a) for any week is less
than the applicant's weekly unemployment benefit amount, unemployment benefits requested
for that week are reduced by the amount of that compensation payment.

Sec. 7.

Minnesota Statutes 2017 Supplement, section 268.085, subdivision 13a, is amended
to read:


Subd. 13a.

Leave of absence.

(a) An applicant on a voluntary leave of absence is
ineligible for unemployment benefits for the duration of the leave of absence. An applicant
on an involuntary leave of absence is not ineligible under this subdivision.

A leave of absence is voluntary when work that the applicant can then perform is available
with the applicant's employer but the applicant chooses not to work. A medical leave of
absence is not presumed to be voluntary.

(b) A period of vacation requested by the applicant, paid or unpaid, is a voluntary leave
of absence. A vacation period assigned by an employer under: (1) a uniform vacation
shutdown; (2) a collective bargaining agreement; or (3) an established employer policy, is
an involuntary leave of absence.

(c) A leave of absence is a temporary stopping of work that has been approved by the
employer. A deleted text beginvoluntarydeleted text end leave of absence is not a quit deleted text beginand an involuntary leave of absencedeleted text end
deleted text begin is notdeleted text endnew text begin ornew text end a discharge from employment deleted text beginfor purposes ofdeleted text endnew text begin.new text end Section 268.095new text begin does not apply to
a leave of absence
new text end.

(d) An applicant who is on a paid leave of absence, whether the leave of absence is
voluntary or involuntary, is ineligible for unemployment benefits for the duration of the
leave.

(e) This subdivision applies to a leave of absence from a base period employer, an
employer during the period between the end of the base period and the effective date of the
benefit account, or an employer during the benefit year.

Sec. 8.

Minnesota Statutes 2017 Supplement, section 268.095, subdivision 6, is amended
to read:


Subd. 6.

Employment misconduct defined.

(a) Employment misconduct means any
intentional, negligent, or indifferent conduct, on the job or off the jobnew text begin,new text end that deleted text begindisplays clearly:
deleted text end

deleted text begin (1)deleted text endnew text begin isnew text end a serious violation of the standards of behavior the employer has the right to
reasonably expect of the employeedeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (2) a substantial lack of concern for the employment.
deleted text end

(b) Regardless of paragraph (a), the following is not employment misconduct:

(1) conduct that was a consequence of the applicant's mental illness or impairment;

(2) conduct that was a consequence of the applicant's inefficiency or inadvertence;

(3) simple unsatisfactory conduct;

(4) conduct an average reasonable employee would have engaged in under the
circumstances;

(5) conduct that was a consequence of the applicant's inability or incapacity;

(6) good faith errors in judgment if judgment was required;

(7) absence because of illness or injury of the applicant, with proper notice to the
employer;

(8) absence, with proper notice to the employer, in order to provide necessary care
because of the illness, injury, or disability of an immediate family member of the applicant;

(9) conduct that was a consequence of the applicant's chemical dependency, unless the
applicant was previously diagnosed chemically dependent or had treatment for chemical
dependency, and since that diagnosis or treatment has failed to make consistent efforts to
control the chemical dependency; or

(10) conduct that was a consequence of the applicant, or an immediate family member
of the applicant, being a victim of domestic abuse, sexual assault, or stalking. For the
purposes of this subdivision, "domestic abuse," "sexual assault," and "stalking" have the
meanings given them in subdivision 1.

(c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20,
169A.31, 169A.50 to 169A.53, or 171.177 that deleted text begininterferes with ordeleted text end adversely affects the
employment is employment misconduct.

(d) If the conduct for which the applicant was discharged involved only a single incident,
that is an important fact that must be considered in deciding whether the conduct rises to
the level of employment misconduct under paragraph (a). This paragraph does not require
that a determination under section 268.101 or decision under section 268.105 contain a
specific acknowledgment or explanation that this paragraph was considered.

(e) The definition of employment misconduct provided by this subdivision is exclusive
and no other definition applies.

Sec. 9.

Minnesota Statutes 2016, section 268.095, subdivision 6a, is amended to read:


Subd. 6a.

Aggravated employment misconduct defined.

(a) deleted text beginFor the purpose of this
section, "aggravated employment misconduct" means:
deleted text end

deleted text begin (1)deleted text end The commission of any act, on the job or off the job, that would amount to a gross
misdemeanor or felony new text beginis aggravated employment misconduct new text endif the act deleted text beginsubstantially
interfered with the employment or
deleted text end had a significant adverse effect on the employmentdeleted text begin; ordeleted text endnew text begin.
new text end

new text begin A criminal charge or conviction is not necessary to determine aggravated employment
misconduct under this paragraph. If an applicant is convicted of a gross misdemeanor or
felony, the applicant is presumed to have committed the act.
new text end

deleted text begin (2)deleted text end new text begin(b) new text endFor an employee of a facility as defined in section 626.5572, aggravated
employment misconduct includes an act of patient or resident abuse, financial exploitation,
or recurring or serious neglect, as defined in section 626.5572 and applicable rules.

deleted text begin (b) If an applicant is convicted of a gross misdemeanor or felony for the same act for
which the applicant was discharged, it is aggravated employment misconduct if the act
substantially interfered with the employment or had a significant adverse effect on the
employment.
deleted text end

(c) The definition of aggravated employment misconduct provided by this subdivision
is exclusive and no other definition applies.

Sec. 10. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective September 16, 2018.
new text end

ARTICLE 18

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; TECHNICAL

Section 1.

Minnesota Statutes 2016, section 268.044, subdivision 3, is amended to read:


Subd. 3.

Missing or erroneous information.

(a) Any employer that submits the wage
detail report, but fails to include all new text beginrequired new text endemployee information or enters erroneous
information, is subject to an administrative service fee of $25 for each employee for whom
the information is partially missing or erroneous.

(b) Any employer that submits the wage detail report, but fails to include an employee,
is subject to an administrative service fee equal to two percent of the total wages for each
employee for whom the information is completely missing.

(c) An administrative service fee under this subdivision must be canceled new text beginunder section
268.067
new text endif the commissioner determines that the failure or error by the employer occurred
because of ignorance or inadvertence.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 268.046, subdivision 1, is amended
to read:


Subdivision 1.

Tax accounts assigned.

(a) Any person that contracts with a taxpaying
employer to have that person obtain the taxpaying employer's workforce and provide workers
to the taxpaying employer for a fee is, as of the effective date of the contract, assigned for
the duration of the contract the taxpaying employer's account under section 268.045. That
tax account must be maintained by the person separate and distinct from every other tax
account held by the person and identified in a manner prescribed by the commissioner. The
tax account is, for the duration of the contract, considered that person's account for all
purposes of this chapter. The workers obtained from the taxpaying employer and any other
workers provided by that person to the taxpaying employer, including officers of the
taxpaying employer as defined in section 268.035, subdivision 20, clause deleted text begin(28)deleted text endnew text begin (29)new text end, whose
wages paid by the person are considered paid in covered employment under section 268.035,
subdivision 24
, for the duration of the contract between the taxpaying employer and the
person, must, under section 268.044, be reported on the wage detail report under that tax
account, and that person must pay any taxes due at the tax rate computed for that account
under section 268.051, subdivision 2.

(b) Any workers of the taxpaying employer who are not covered by the contract under
paragraph (a) must be reported by the taxpaying employer as a separate unit on the wage
detail report under the tax account assigned under paragraph (a). Taxes and any other
amounts due on the wages reported by the taxpaying employer under this paragraph may
be paid directly by the taxpaying employer.

(c) If the taxpaying employer that contracts with a person under paragraph (a) does not
have a tax account at the time of the execution of the contract, an account must be registered
for the taxpaying employer under section 268.042 and the new employer tax rate under
section 268.051, subdivision 5, must be assigned. The tax account is then assigned to the
person as provided for in paragraph (a).

(d) A person that contracts with a taxpaying employer under paragraph (a) must, within
30 calendar days of the execution or termination of a contract, notify the commissioner by
electronic transmission, in a format prescribed by the commissioner, of that execution or
termination. The taxpaying employer's name, the account number assigned, and any other
information required by the commissioner must be provided by that person.

(e) Any contract subject to paragraph (a) must specifically inform the taxpaying employer
of the assignment of the tax account under this section and the taxpaying employer's
obligation under paragraph (b). If there is a termination of the contract, the tax account is,
as of the date of termination, immediately assigned to the taxpaying employer.

Sec. 3.

Minnesota Statutes 2016, section 268.051, subdivision 3, is amended to read:


Subd. 3.

Computation of a taxpaying employer's experience rating.

(a) On or before
each December 15, the commissioner must compute an experience rating for each taxpaying
employer who has deleted text beginbeen required to filedeleted text endnew text begin filednew text end wage detail reports for the deleted text begin12deleted text endnew text begin fournew text end calendar
deleted text begin monthsdeleted text endnew text begin quartersnew text end ending on the prior June 30. The experience rating computed is applicable
for the following calendar year.

The experience rating is the ratio obtained by dividing 125 percent of the total
unemployment benefits required under section 268.047 to be used in computing the
employer's tax rate during the deleted text begin48deleted text endnew text begin 16new text end calendar deleted text beginmonthsdeleted text endnew text begin quartersnew text end ending on the prior June 30,
by the employer's total taxable payroll for that same period.

(b) The experience rating is computed to the nearest one-hundredth of a percent, to a
maximum of 8.90 percent.

(c) The use of 125 percent of unemployment benefits paid under paragraph (a), rather
than 100 percent of the amount of unemployment benefits paid, is done in order for the trust
fund to recover from all taxpaying employers a portion of the costs of unemployment benefits
paid that do not affect any individual employer's future experience rating because of the
reasons set out in subdivision 2, paragraph (f).

Sec. 4.

Minnesota Statutes 2016, section 268.053, subdivision 1, is amended to read:


Subdivision 1.

Election.

(a) Any nonprofit organization that has employees in covered
employment must pay taxes on a quarterly basis in accordance with section 268.051 unless
it elects to make reimbursements to the trust fund the amount of unemployment benefits
charged to its reimbursable account under section 268.047.

The organization may elect to make reimbursements for a period of not less than 24
calendar months beginning with the date that the organization was determined to be an
employer with covered employment by filing a notice of election not later than 30 calendar
days after the date of the determination.

(b) Any nonprofit organization that makes an election will continue to be liable for
reimbursements until it files a notice terminating its election before the beginning of the
calendar quarter the termination is to be effective.

A nonprofit organization that has been making reimbursements that files a notice of
termination of election must be assigned the new employer tax rate under section 268.051,
subdivision 5
, until it qualifies for an experience rating under section 268.051, subdivision
3
.

(c) Any nonprofit organization that has been paying taxes may elect to make
reimbursements by filing a notice of election. The election is effective at the beginning of
the next calendar quarter. The election is not terminable by the organization for 24 calendar
months.

deleted text begin (d) The commissioner may for good cause extend the period that a notice of election,
or a notice of termination, must be filed and may permit an election to be retroactive.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end A notice of election or notice terminating election must be filed by electronic
transmission in a format prescribed by the commissioner.

Sec. 5.

Minnesota Statutes 2016, section 268.066, is amended to read:


268.066 CANCELLATION OF AMOUNTS DUE FROM AN EMPLOYER.

(a) The commissioner must cancel as uncollectible any amounts due from an employer
under this chapter or section 116L.20, that remain unpaid six years after the amounts have
been first determined due, except where the delinquent amounts are secured by a notice of
lien, a judgment, are in the process of garnishment, or are under a payment plan.

(b) The commissioner may cancel at any time as uncollectible any amount due, or any
portion of an amount due, from an employer under this chapter or section 116L.20, that (1)
are uncollectible due to death or bankruptcy, or (2) the Collection Division of the Department
of Revenue under section 16D.04 was unable to collect.

deleted text begin (c) The commissioner may cancel at any time any interest, penalties, or fees due from
an employer, or any portions due, if the commissioner determines that it is not in the public
interest to pursue collection of the amount due. This paragraph does not apply to
unemployment insurance taxes or reimbursements due.
deleted text end

Sec. 6.

Minnesota Statutes 2016, section 268.067, is amended to read:


268.067 COMPROMISE.

(a) The commissioner may compromise in whole or in part any action, determination,
or decision that affects only an employer and not an applicant. This paragraph applies if it
is determined by a court of law, or a confession of judgment, that an applicant, while
employed, wrongfully took from the employer $500 or more in money or property.

(b) The commissioner may at any time compromise any unemployment insurance tax
deleted text begin ordeleted text endnew text begin,new text end reimbursementnew text begin, interest, penalty, fee, costs, or any other amountnew text end due from an employer
under this chapter or section 116L.20.

(c) Any compromise involving an amount over $10,000 must be authorized by an attorney
licensed to practice law in Minnesota who is an employee of the department designated by
the commissioner for that purpose.

(d) Any compromise must be in the best interest of the state of Minnesota.

Sec. 7.

Minnesota Statutes 2016, section 268.069, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

The commissioner must pay unemployment benefits
from the trust fund to an applicant who has met each of the following requirements:

(1) the applicant has filed an application for unemployment benefits and established a
benefit account in accordance with section 268.07;

(2) the applicant has not been held ineligible for unemployment benefits under section
268.095 because of a quit or discharge;

(3) the applicant has met all of the ongoing eligibility requirements under section 268.085;

(4) the applicant does not have an outstanding overpayment of unemployment benefits,
including any penalties or interest; and

(5) the applicant has not been held ineligible for unemployment benefits under section
deleted text begin 268.182 because of a false representation or concealment of factsdeleted text endnew text begin 268.183new text end.

Sec. 8.

Minnesota Statutes 2016, section 268.105, subdivision 6, is amended to read:


Subd. 6.

Representation; fees.

(a) In any proceeding under subdivision 1 or 2, an
applicant or employer may be represented by any authorized representative.

Except for services provided by an attorney-at-law, no person may charge an applicant
a fee of any kind for advising, assisting, or representing an applicant in a hearing deleted text beginordeleted text endnew text begin,new text end on
reconsiderationnew text begin, or in a proceeding under subdivision 7new text end.

(b) An applicant may not be charged fees, costs, or disbursements of any kind in a
proceeding before an unemployment law judge, the Minnesota Court of Appeals, or the
Supreme Court of Minnesota.

(c) No attorney fees may be awardednew text begin, or costs or disbursements assessed,new text end against the
department as a result of any proceedings under this section.

Sec. 9.

Minnesota Statutes 2016, section 268.145, subdivision 1, is amended to read:


Subdivision 1.

Notification.

(a) Upon filing an application for unemployment benefits,
the applicant must be informed that:

(1) unemployment benefits are subject to federal and state income tax;

(2) there are requirements for filing estimated tax payments;

(3) the applicant may elect to have federal income tax withheld from unemployment
benefits;

(4) if the applicant elects to have federal income tax withheld, the applicant may, in
addition, elect to have Minnesota state income tax withheld; and

(5) at any time during the benefit year the applicant may change a prior election.

(b) If an applicant elects to have federal income tax withheld, the commissioner must
deduct ten percent for federal income tax. If an applicant also elects to have Minnesota state
income tax withheld, the commissioner must make an additional five percent deduction for
state income tax. Any deleted text beginamountsdeleted text endnew text begin amountnew text end deducted deleted text beginor offsetdeleted text end underdeleted text begin sections 268.155, 268.18,
and 268.184 have
deleted text endnew text begin section 268.085 hasnew text end priority over any amounts deducted under this section.
Federal income tax withholding has priority over state income tax withholding.

(c) An election to have income tax withheld may not be retroactive and only applies to
unemployment benefits paid after the election.

Sec. 10.

Minnesota Statutes 2017 Supplement, section 268.18, subdivision 5, is amended
to read:


Subd. 5.

Remedies.

(a) Any method undertaken to recover an overpayment of
unemployment benefits, including any penalties and interest, is not an election of a method
of recovery.

(b) Intervention or lack thereof, in whole or in part, in a workers' compensation matter
under section 176.361 is not an election of a remedy and does not prevent the commissioner
from determining an applicant ineligible for unemployment benefits deleted text beginor taking action under
section 268.183
deleted text end.

Sec. 11. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes is instructed to make the following changes in Minnesota Statutes:
new text end

new text begin (1) change the term "fraud" to "misrepresentation" in sections 268.085, subdivision 2,
and 268.186, subdivision 1;
new text end

new text begin (2) delete the term "bona fide" wherever it appears in section 268.035;
new text end

new text begin (3) replace the term "under" with "subject to" in section 268.047, subdivision 2, clause
(8);
new text end

new text begin (4) replace the term "displays clearly" with "shows" in chapter 268;
new text end

new text begin (5) replace the term "entire" with "hearing" in section 268.105;
new text end

new text begin (6) replace "24 calendar months" with "eight calendar quarters" in section 268.052,
subdivision 2.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 268.053, subdivisions 4 and 5, new text end new text begin are repealed.
new text end

Sec. 13. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective September 16, 2018.
new text end

ARTICLE 19

ENVIRONMENT AND NATURAL RESOURCES

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2017, chapter 93, or appropriated
to the agencies and for the purposes specified in this article. The appropriations are from
the general fund, or another named fund, and are available for the fiscal year indicated for
each purpose. The figures "2018" and "2019" used in this article mean that the addition to
the appropriations listed under them are available for the fiscal year ending June 30, 2018,
or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year" is
fiscal year 2019.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginPOLLUTION CONTROL AGENCY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 300,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin (300,000)
new text end
new text begin Environmental
new text end
new text begin -0-
new text end
new text begin 600,000
new text end

new text begin Subd. 2. new text end

new text begin Resource Management
new text end

new text begin -0-
new text end
new text begin -0-
new text end

new text begin (a) $300,000 the second year is a reduction
from the general fund for competitive
recycling grants under Minnesota Statutes,
section 115A.565. This is a onetime reduction.
new text end

new text begin (b) $300,000 the second year is from the
environmental fund for competitive recycling
grants under Minnesota Statutes, section
115A.565. This is a onetime appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Watershed
new text end

new text begin -0-
new text end
new text begin 300,000
new text end

new text begin $300,000 the second year is from the
environmental fund for a grant to the
Minnesota Association of County Feedlot
Officers to develop, in coordination with the
Pollution Control Agency and the University
of Minnesota Extension program, an online
training curriculum related to animal feedlot
requirements under Minnesota Rules, chapter
7020. The curriculum must be developed to:
new text end

new text begin (1) provide base-level knowledge to new and
existing county feedlot pollution control
officers on feedlot registration, permitting,
compliance, enforcement, and program
administration;
new text end

new text begin (2) provide assistance to new and existing
county feedlot pollution control officers for
working efficiently and effectively with
producers; and
new text end

new text begin (3) reduce the incidence of manure or nutrients
entering surface water or groundwater.
new text end

new text begin This is a onetime appropriation and is
available until June 30, 2020.
new text end

Sec. 3. new text beginNATURAL RESOURCES.
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 3,934,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 275,000
new text end
new text begin Natural Resources
new text end
new text begin -0-
new text end
new text begin 2,905,000
new text end
new text begin Game and Fish
new text end
new text begin -0-
new text end
new text begin 754,000
new text end

new text begin Subd. 2. new text end

new text begin Lands and Minerals Management
new text end

new text begin -0-
new text end
new text begin 654,000
new text end

new text begin (a) $335,000 the second year is for aggregate
mapping. This is a onetime appropriation and
is available until June 30, 2020.
new text end

new text begin (b) $319,000 the second year is from the
mineral management account in the natural
resources fund for environmental research
relating to mine permitting, in consultation
with the Mineral Coordinating Committee.
new text end

new text begin Subd. 3. new text end

new text begin Ecological and Water Resources
new text end

new text begin -0-
new text end
new text begin 525,000
new text end

new text begin (a) $425,000 the second year is for grants to
lake associations to manage aquatic invasive
species, including grants for projects to control
and provide public awareness of aquatic
invasive species and for watercraft inspections
in partnership with local units of government.
This is a onetime appropriation.
new text end

new text begin (b) $100,000 the second year is from the
heritage enhancement account in the game and
fish fund for a grant to the Board of Regents
of the University of Minnesota to conduct a
statewide survey and analysis of Minnesota
anglers' attitude toward fish stocking. The
survey must include a representative sample
of anglers from all regions of the state and
must examine Minnesota anglers' attitudes
toward the stocking of each fish species that
is or has been stocked by the Department of
Natural Resources. The Board of Regents must
report the results of the survey and analysis to
the chairs and ranking minority members of
the legislative committees with jurisdiction
over environment and natural resources
finance no later than March 1, 2020. The
report must include data about the amount
spent on stocking each fish species. This is a
onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Forest Management
new text end

new text begin -0-
new text end
new text begin -0-
new text end

new text begin (a) $1,131,000 the second year is a reduction
to the general fund for the Next Generation
Core Forestry data system. This is a onetime
reduction.
new text end

new text begin (b) $1,131,000 the second year is from the
forest management investment account in the
natural resources fund for the Next Generation
Core Forestry data system. This is a onetime
appropriation and is available until June 30,
2021.
new text end

new text begin Subd. 5. new text end

new text begin Parks and Trails Management
new text end

new text begin -0-
new text end
new text begin 1,415,000
new text end

new text begin (a) $100,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for a grant to the city of
Virginia to develop, in cooperation with the
Quad Cities ATV Club, an all-terrain vehicle
trail system in the cities of Virginia, Eveleth,
Gilbert, and Mountain Iron and surrounding
areas. This is a onetime appropriation and is
available until June 30, 2021.
new text end

new text begin (b) $200,000 the second year is from the
off-road vehicle account in the natural
resources fund for a contract with a project
administrator to assist the commissioner in
planning, designing, and providing a system
of state touring routes for off-road vehicles by
identifying sustainable, legal routes suitable
for licensed four-wheel drive vehicles and a
system of recreational trails for registered
off-road vehicles. Any portion of this
appropriation not used for the project
administrator is available for signage or
promotion of the system. This is a onetime
appropriation.
new text end

new text begin (c) $200,000 the second year is from the
off-road vehicle account in the natural
resources fund for a contract to prepare a
comprehensive, statewide, strategic master
plan for trails for off-road vehicles. The master
plan must be consistent with federal, tribal,
state, and local law and regulations. The
commissioner must consult with the Minnesota
Four Wheel Drive Association in developing
contract criteria. This is a onetime
appropriation and is available until June 30,
2019.
new text end

new text begin (d) $200,000 the second year is from the
off-road vehicle account in the natural
resources fund to reimburse federal, county,
and township entities for additional needs on
roads under the claimant's jurisdiction when
the needs are a result of increased use by
off-road vehicles and are attributable to a
border-to-border touring route established by
the commissioner. This paragraph does apply
to roads that are operated by a public road
authority as defined in Minnesota Statutes,
section 160.02, subdivision 25. This is a
onetime appropriation and is available until
June 30, 2023. To be eligible for
reimbursement under this paragraph, the
claimant must demonstrate that the needs
result from additional traffic generated by the
border-to-border touring route.
new text end

new text begin (e) $315,000 the second year is from the
natural resources fund for a grant to St. Louis
County to be used as a match to a state
bonding grant for trail and bridge construction
and for a maintenance fund for a five-mile
segment of the Voyageur Country ATV trail
system, including a multiuse bridge over the
Vermilion River that would serve ATVs,
snowmobiles, off-road vehicles, off-highway
motorcycles, and emergency vehicles in St.
Louis County. Of this amount, $285,000 is
from the all-terrain vehicle account, $15,000
is from the off-road vehicle account, and
$15,000 is from the off-highway motorcycle
account. This is a onetime appropriation and
is available until June 30, 2021.
new text end

new text begin (f) $300,000 the second year is from the
natural resources fund for a grant to Lake
County to match other funding sources to
develop the Prospectors Loop trail system. Of
this amount, $270,000 is from the all-terrain
vehicle account, $15,000 is from the
off-highway motorcycle account, and $15,000
is from the off-road vehicle account. This is
a onetime appropriation and is available until
June 30, 2021.
new text end

new text begin (g) $100,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for wetland delineation and
work on an environmental assessment
worksheet for the Taconite State Trail from
Ely to Tower consistent with the 2017
Taconite State Trail Master Plan. This is a
onetime appropriation and is available until
June 30, 2021.
new text end

new text begin Subd. 6. new text end

new text begin Fish and Wildlife Management
new text end

new text begin -0-
new text end
new text begin 1,092,000
new text end

new text begin (a) $438,000 the second year is for wildlife
disease surveillance and response. This is a
onetime appropriation.
new text end

new text begin (b) The commissioner may use up to $7,000
of the amount appropriated from the general
fund in Laws 2017, chapter 93, article 1,
section 3, subdivision 8, to cover the cost of:
new text end

new text begin (1) the redesign of the printed and digital
versions of fishing regulations and hunting
and trapping regulations; and
new text end

new text begin (2) the reprogramming of the electronic
licensing system, to conform to the
requirements of providing voter registration
information under Minnesota Statutes, section
97A.409.
new text end

new text begin (c) Notwithstanding Minnesota Statutes,
section 297A.94, $654,000 the second year is
from the heritage enhancement account in the
game and fish fund for planning and
emergency response to disease outbreaks in
wildlife. This is a onetime appropriation and
is available until June 30, 2020.
new text end

new text begin Subd. 7. new text end

new text begin Enforcement
new text end

new text begin -0-
new text end
new text begin 248,000
new text end

new text begin (a) $208,000 the second year is for responding
to escaped animals from Cervidae farms,
including inspection of farmed Cervidae,
farmed Cervidae facilities, and farmed
Cervidae records when the commissioner has
reasonable suspicion that laws protecting
native wild animals or other provisions of
Minnesota Statutes, section 35.155 have been
violated. This is a onetime appropriation.
new text end

new text begin (b) $40,000 the second year is from the
all-terrain vehicle account in the natural
resources fund to develop a voluntary online
youth all-terrain vehicle training program
under Minnesota Statutes, section 84.925,
subdivision 1. This is a onetime appropriation.
new text end

Sec. 4. new text beginBOARD OF WATER AND SOIL
RESOURCES.
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 25,000
new text end

new text begin $25,000 the second year is for a grant to the
Red River Basin Commission for water quality
and floodplain management. This is a onetime
appropriation.
new text end

Sec. 5. new text beginNATURAL RESOURCES DAMAGES
ACCOUNT TRANSFER
new text end

new text begin By June 30, 2018, any money in the general
portion of the remediation fund dedicated for
the purposes of the natural resources damages
account must be transferred to the natural
resources damages account.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Laws 2010, chapter 361, article 4, section 78, is amended to read:


Sec. 78. APPROPRIATION; MOOSE TRAIL.

$100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources
from the all-terrain vehicle account in the natural resources fund for a grant to the city of
Hoyt Lakes deleted text beginto convert the Moose Trail snowmobile trail todeleted text endnew text begin fornew text end a dual usage deleted text begintrail, so that it
may also be used as an
deleted text end off-highway vehicle trail connecting the city of Biwabik to the Iron
Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and is available
until deleted text beginspentdeleted text endnew text begin June 30, 2020new text end.

Sec. 7.

Laws 2016, chapter 189, article 3, section 3, subdivision 5, is amended to read:


Subd. 5.

Parks and Trails Management

-0-
6,459,000
Appropriations by Fund
2016
2017
General
-0-
2,929,000
Natural Resources
-0-
3,530,000

$2,800,000 the second year is a onetime
appropriation.

$2,300,000 the second year is from the state
parks account in the natural resources fund.
Of this amount, $1,300,000 is onetime, of
which $1,150,000 is for strategic park
acquisition.

$20,000 the second year is from the natural
resources fund to design and erect signs
marking the David Dill trail designated in this
act. Of this amount, $10,000 is from the
snowmobile trails and enforcement account
and $10,000 is from the all-terrain vehicle
account. This is a onetime appropriation.

$100,000 the second year is for the
improvement of the infrastructure for sanitary
sewer service at the Woodenfrog Campground
in Kabetogama State Forest. This is a onetime
appropriation.

$29,000 the second year is for computer
programming related to the transfer-on-death
title changes for watercraft. This is a onetime
appropriation.

$210,000 the first year is from the water
recreation account in the natural resources
fund for implementation of Minnesota
Statutes, section 86B.532, established in this
act. This is a onetime appropriation. The
commissioner of natural resources shall seek
federal and other nonstate funds to reimburse
the department for the initial costs of
producing and distributing carbon monoxide
boat warning labels. All amounts collected
under this paragraph shall be deposited into
the water recreation account.

$1,000,000 the second year is from the natural
resources fund for a grant to Lake County for
construction, including bridges, of the
Prospectors ATV Trail System linking the
communities of Ely, Babbitt, Embarrass, and
Tower; Bear Head Lake and Lake
Vermilion-Soudan Underground Mine State
Parks; the Taconite State Trail; and the Lake
County Regional ATV Trail System. Of this
amount, $900,000 is from the all-terrain
vehicle account, $50,000 is from the
off-highway motorcycle account, and $50,000
is from the off-road vehicle account. This is
a onetime appropriationnew text begin and is available until
June 30, 2019
new text end.

Sec. 8.

Laws 2016, chapter 189, article 3, section 4, is amended to read:


Sec. 4. BOARD OF WATER AND SOIL
RESOURCES

$
-0-
$
479,000

$479,000 the second year is for the
development of a detailed plan to implement
a working lands watershed restoration program
to incentivize the establishment and
maintenance of perennial crops that includes
the following:

(1) a process for selecting pilot watersheds
that are expected to result in the greatest water
quality improvements and exhibit readiness
to participate in the program;

(2) an assessment of the quantity of
agricultural land that is expected to be eligible
for the program in each watershed;

(3) an assessment of landowner interest in
participating in the program;

(4) an assessment of the contract terms and
any recommendations for changes to the terms,
including consideration of variable payment
rates for lands of different priority or type;

(5) an assessment of the opportunity to
leverage federal funds through the program
and recommendations on how to maximize
the use of federal funds for assistance to
establish perennial crops;

(6) an assessment of how other state programs
could complement the program;

(7) an estimate of water quality improvements
expected to result from implementation in pilot
watersheds;

(8) an assessment of how to best integrate
program implementation with existing
conservation requirements and develop
recommendations on harvest practices and
timing to benefit wildlife production;

(9) an assessment of the potential viability and
water quality benefit of cover crops used in
biomass processing facilities;

(10) a timeline for implementation,
coordinated to the extent possible with
proposed biomass processing facilities; deleted text beginand
deleted text end

(11) a projection of funding sources needed
to complete implementationdeleted text begin.deleted text endnew text begin;
new text end

new text begin (12) outreach to local governments, interest
groups, and individual farmers on the
economic and environmental benefits of
perennial and cover crops;
new text end

new text begin (13) establishment of detailed criteria to target
the location of perennial and cover crops on
a watershed basis to maximize the
environmental benefit at the lowest cost; and
new text end

new text begin (14) development of model contracts to
include payment rates, duration, type of crops,
harvest standards, and monitoring procedures
for use in future program implementation.
new text end

This is a onetime appropriation and is
available until June 30, deleted text begin2018deleted text endnew text begin 2019new text end.

The board shall coordinate development of
the working lands watershed restoration plan
with stakeholders and the commissioners of
natural resources, agriculture, and the
Pollution Control Agency. The board must
submit an interim report by October 15, deleted text begin2017deleted text endnew text begin
2018
new text end, and the feasibility study and program
plan by February 1, deleted text begin2018deleted text endnew text begin 2019new text end, to the chairs
and ranking minority members of the
legislative committees and divisions with
jurisdiction over agriculture, natural resources,
and environment policy and finance and to the
Clean Water Council.

Sec. 9.

Laws 2017, chapter 93, article 1, section 3, subdivision 6, is amended to read:


Subd. 6.

Fish and Wildlife Management

68,207,000
deleted text begin 67,750,000
deleted text end new text begin 69,210,000
new text end
Appropriations by Fund
2018
2019
Natural Resources
1,912,000
1,912,000
Game and Fish
66,295,000
deleted text begin 65,838,000
deleted text end new text begin 67,298,000
new text end

(a) $8,283,000 the first year and $8,386,000
the second year are from the heritage
enhancement account in the game and fish
fund only for activities specified in Minnesota
Statutes, section 297A.94, paragraph (e),
clause (1). Notwithstanding Minnesota
Statutes, section 297A.94, five percent of this
appropriation may be used for expanding
hunter and angler recruitment and retention.

(b) Notwithstanding Minnesota Statutes,
section 297A.94, $30,000 the first year is from
the heritage enhancement account in the game
and fish fund for the commissioner of natural
resources to contract with a private entity to
search for a site to construct a world-class
shooting range and club house for use by the
Minnesota State High School League and for
other regional, statewide, national, and
international shooting events. The
commissioner must provide public notice of
the search, including making the public aware
of the process through the Department of
Natural Resources' media outlets, and solicit
input on the location and building options for
the facility. The siting search process must
include a public process to determine if any
business or individual is interested in donating
land for the facility, anticipated to be at least
500 acres. The site search team must meet
with interested third parties affected by or
interested in the facility. The commissioner
must submit a report with the results of the
site search to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over environment
and natural resources by March 1, 2018. This
is a onetime appropriation.

(c) Notwithstanding Minnesota Statutes,
section 297A.94, $30,000 the first year is from
the heritage enhancement account in the game
and fish fund for a study of lead shot
deposition on state lands. By March 1, 2018,
the commissioner shall provide a report of the
study to the chairs and ranking minority
members of the legislative committees with
jurisdiction over natural resources policy and
finance. This is a onetime appropriation.

(d) Notwithstanding Minnesota Statutes,
section 297A.94, $500,000 the first year is
from the heritage enhancement account in the
game and fish fund for planning and
emergency response to disease outbreaks in
wildlife. This is a onetime appropriation and
is available until June 30, 2019.

new text begin (e) $8,606,000 the second year is from the
deer management account in the game and
fish fund for the purposes specified under
Minnesota Statutes, section 97A.075,
subdivision 1, paragraph (b).
new text end

Sec. 10.

Laws 2017, chapter 93, article 1, section 4, is amended to read:


Sec. 4. BOARD OF WATER AND SOIL
RESOURCES

$
14,311,000
$
14,164,000

(a) $3,423,000 the first year and $3,423,000
the second year are for natural resources block
grants to local governments. Grants must be
matched with a combination of local cash or
in-kind contributions. The base grant portion
related to water planning must be matched by
an amount as specified by Minnesota Statutes,
section 103B.3369. The board may reduce the
amount of the natural resources block grant
to a county by an amount equal to any
reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that the
reduction was disproportionate.

(b) $3,116,000 the first year and $3,116,000
the second year are for grants to soil and water
conservation districts for the purposes of
Minnesota Statutes, sections 103C.321 and
103C.331, and for general purposes, nonpoint
engineering, and implementation and
stewardship of the reinvest in Minnesota
reserve program. Expenditures may be made
from these appropriations for supplies and
services benefiting soil and water conservation
districts. Any district receiving a payment
under this paragraph shall maintain a Web
page that publishes, at a minimum, its annual
report, annual audit, annual budget, and
meeting notices.

(c) $260,000 the first year and $260,000 the
second year are for feedlot water quality cost
share grants for feedlots under 300 animal
units and nutrient and manure management
projects in watersheds where there are
impaired waters.

(d) $1,200,000 the first year and $1,200,000
the second year are for soil and water
conservation district cost-sharing contracts for
perennially vegetated riparian buffers, erosion
control, water retention and treatment, and
other high-priority conservation practices.

(e) $100,000 the first year and $100,000 the
second year are for county cooperative weed
management cost-share programs and to
restore native plants in selected invasive
species management sites.

(f) $761,000 the first year and $761,000 the
second year are for implementation,
enforcement, and oversight of the Wetland
Conservation Act, including administration of
the wetland banking program and in-lieu fee
mechanism.

(g) $300,000 the first year is for improving
the efficiency and effectiveness of Minnesota's
wetland regulatory programs through
continued examination of United States Clean
Water Act section 404 assumption including
negotiation of draft agreements with the
United States Environmental Protection
Agency and the United States Army Corps of
Engineers, planning for an online permitting
system, upgrading the existing wetland
banking database, and developing an in-lieu
fee wetland banking program as authorized
by statute. This is a onetime appropriationnew text begin and
is available until June 30, 2019
new text end.

(h) $166,000 the first year and $166,000 the
second year are to provide technical assistance
to local drainage management officials and
for the costs of the Drainage Work Group. The
Board of Water and Soil Resources must
coordinate the stakeholder drainage work
group in accordance with Minnesota Statutes,
section 103B.101, subdivision 13, to evaluate
and make recommendations to accelerate
drainage system acquisition and establishment
of ditch buffer strips under Minnesota Statutes,
chapter 103E, or compatible alternative
practices required by Minnesota Statutes,
section 103F.48. The evaluation and
recommendations must be submitted in a
report to the senate and house of
representatives committees with jurisdiction
over agriculture and environment policy by
February 1, 2018.

(i) $100,000 the first year and $100,000 the
second year are for a grant to the Red River
Basin Commission for water quality and
floodplain management, including
administration of programs. This appropriation
must be matched by nonstate funds. If the
appropriation in either year is insufficient, the
appropriation in the other year is available for
it.

(j) $140,000 the first year and $140,000 the
second year are for grants to Area II
Minnesota River Basin Projects for floodplain
management.

(k) $125,000 the first year and $125,000 the
second year are for conservation easement
stewardship.

(l) $240,000 the first year and $240,000 the
second year are for a grant to the Lower
Minnesota River Watershed District to defray
the annual cost of operating and maintaining
sites for dredge spoil to sustain the state,
national, and international commercial and
recreational navigation on the lower Minnesota
River.

(m) $4,380,000 the first year and $4,533,000
the second year are for Board of Water and
Soil Resources agency administration and
operations.

(n) Notwithstanding Minnesota Statutes,
section 103C.501, the board may shift
cost-share funds in this section and may adjust
the technical and administrative assistance
portion of the grant funds to leverage federal
or other nonstate funds or to address
high-priority needs identified in local water
management plans or comprehensive water
management plans.

(o) The appropriations for grants in this section
are available until June 30, 2021, except
returned grants are available for two years
after they are returned. If an appropriation for
grants in either year is insufficient, the
appropriation in the other year is available for
it.

(p) Notwithstanding Minnesota Statutes,
section 16B.97, the appropriations for grants
in this section are exempt from Department
of Administration, Office of Grants
Management Policy 08-08 Grant Payments
and 08-10 Grant Monitoring.

ARTICLE 20

ENVIRONMENT AND NATURAL RESOURCES POLICY

Section 1.

new text begin [11A.236] ACCOUNT FOR INVESTMENT OF PERMIT TO MINE
FINANCIAL ASSURANCE MONEY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; appropriation. new text end

new text begin (a) The State Board of Investment, when
requested by the commissioner of natural resources, may invest money collected by the
commissioner as part of financial assurance provided under a permit to mine issued under
chapter 93. The State Board of Investment may establish one or more accounts into which
money may be deposited for the purposes of this section, subject to the policies and
procedures of the State Board of Investment. Use of any money in the account shall be
restricted to the financial assurance purposes identified in sections 93.46 to 93.51, and rules
adopted thereunder, and as authorized under any trust fund agreements or other conditions
established under a permit to mine.
new text end

new text begin (b) Money in the accounts is appropriated to the commissioner for the purposes for
which the account is established under this section.
new text end

new text begin Subd. 2. new text end

new text begin Account maintenance and investment. new text end

new text begin The commissioner of natural resources
may deposit money in the appropriate account and may withdraw money from the appropriate
account for the financial assurance purposes identified in sections 93.46 to 93.51 and rules
adopted thereunder and as authorized under any trust fund agreements or other conditions
established under the permit to mine for which the financial assurance is provided, subject
to the policies and procedures of the State Board of Investment. Investment strategies related
to an account established under this section must be determined jointly by the commissioner
of natural resources and the executive director of the State Board of Investment. The
authorized investments for an account shall be the investments authorized under section
11A.24 that are made available for investment by the State Board of Investment. Investment
transactions must be at a time and in a manner determined by the executive director of the
State Board of Investment. Decisions to withdraw money from the account must be
determined by the commissioner of natural resources, subject to the policies and procedures
of the State Board of Investment. Investment earnings must be credited to the appropriate
account for financial assurance under the identified permit to mine. An account may be
terminated by the commissioner of natural resources at any time, so long as the termination
is in accordance with applicable statutes, rules, trust fund agreements, or other conditions
established under the permit to mine, subject to the policies and procedures of the State
Board of Investment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 17.494, is amended to read:


17.494 AQUACULTURE PERMITS; RULES.

new text begin (a) new text endThe commissioner shall act as permit or license coordinator for aquatic farmers and
shall assist aquatic farmers to obtain licenses or permits.

deleted text begin By July 1, 1992,deleted text end new text begin(b) new text endA state agency issuing multiple permits or licenses for aquaculture
shall consolidate the permits or licenses required for every aquatic farm location. The
Department of Natural Resources transportation permits are exempt from this requirement.
State agencies shall adopt rules or issue commissioner's orders that establish permit and
license requirements, approval timelines, and compliance standards.new text begin Saltwater aquatic farms,
as defined in section 17.4982, and processing facilities for saltwater aquatic life, as defined
in section 17.4982, must be classified as agricultural operations for purposes of any
construction, discharge, or other permit issued by the Pollution Control Agency.
new text end

Nothing in this section modifies any state agency's regulatory authority over aquaculture
production.

Sec. 3.

Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to
read:


new text begin Subd. 20a. new text end

new text begin Saltwater aquaculture. new text end

new text begin "Saltwater aquaculture" means the commercial
propagation and rearing of saltwater aquatic life, including, but not limited to, crustaceans,
primarily for consumption as human food.
new text end

Sec. 4.

Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to
read:


new text begin Subd. 20b. new text end

new text begin Saltwater aquatic farm. new text end

new text begin "Saltwater aquatic farm" means a facility used for
saltwater aquaculture, including, but not limited to, artificial ponds, vats, tanks, raceways,
and other facilities that an aquatic farmer owns or has exclusive control of for the sole
purpose of producing saltwater aquatic life.
new text end

Sec. 5.

Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to
read:


new text begin Subd. 20c. new text end

new text begin Saltwater aquatic life. new text end

new text begin "Saltwater aquatic life" means aquatic species that
are saltwater obligates or perform optimally when raised in salinities closer to that of natural
seawater and need saltwater to survive.
new text end

Sec. 6.

new text begin [17.499] TRANSPORTATION OR IMPORTATION OF SALTWATER
AQUATIC LIFE; QUARANTINE REQUIREMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The legislature finds that it is in the public interest to increase
private saltwater aquaculture production and processing in this state under the coordination
of the commissioner of agriculture. Additional private production will reduce dependence
on foreign suppliers and benefit the rural economy by creating new jobs and economic
activity.
new text end

new text begin Subd. 2. new text end

new text begin Transportation permit. new text end

new text begin (a) Notwithstanding the requirements in section
17.4985, saltwater aquatic life transportation and importation requirements are governed
by this section. A transportation permit is required prior to any importation or intrastate
transportation of saltwater aquatic life not exempted under subdivision 3. A transportation
permit may be used for multiple shipments within the 30-day term of the permit if the source
and the destination remain the same. Transportation permits must be obtained from the
commissioner prior to shipment of saltwater aquatic life.
new text end

new text begin (b) An application for a transportation permit must be made in the form required by the
commissioner. The commissioner may reject an incomplete application.
new text end

new text begin (c) An application for a transportation permit must be accompanied by satisfactory
evidence, as determined by the commissioner, that the shipment is free of any nonindigenous
species of animal other than the saltwater aquatic species and either:
new text end

new text begin (1) the facility from which the saltwater aquatic life originated has provided
documentation of 36 or more consecutive months of negative testing by an approved
laboratory as free of any disease listed by OIE - the World Organisation for Animal Health
for that species following the testing guidelines outlined in the OIE Aquatic Animal Health
Code for crustaceans or the AFS Fish Health Blue Book for other species, as appropriate;
or
new text end

new text begin (2) the saltwater aquatic life to be imported or transported includes documentation of
negative testing for that specific lot by an approved laboratory as free of any disease listed
by OIE - the World Organisation for Animal Health for crustaceans or in the AFS Fish
Health Blue Book for other species, as appropriate.
new text end

new text begin If a shipment authorized by the commissioner under clause (1) includes saltwater aquatic
life that originated in a foreign country, the shipment must be quarantined at the receiving
facility according to a quarantine plan approved by the commissioner. A shipment authorized
by the commissioner under clause (2) must be quarantined at the receiving facility according
to a quarantine plan approved by the commissioner.
new text end

new text begin (d) For purposes of this subdivision, "approved laboratory" means a laboratory approved
by the commissioner or the United States Department of Agriculture, Animal and Plant
Health Inspection Services.
new text end

new text begin (e) No later than 14 calendar days after a completed transportation permit application
is received, the commissioner must approve or deny the transportation permit application.
new text end

new text begin (f) A copy of the transportation permit must accompany a shipment of saltwater aquatic
life while in transit and must be available for inspection by the commissioner.
new text end

new text begin (g) A vehicle used by a licensee for transporting aquatic life must be identified with the
license number and the licensee's name and town of residence as it appears on the license.
A vehicle used by a licensee must have identification displayed so that it is readily visible
from either side of the vehicle in letters and numbers not less than 2-1/2 inches high and
three-eighths inch wide. Identification may be permanently affixed to vehicles or displayed
on removable plates or placards placed on opposite doors of the vehicle or on the tanks
carried on the vehicle.
new text end

new text begin (h) An application to license a vehicle for brood stock or larvae transport or for use as
a saltwater aquatic life vendor that is received by the commissioner is a temporary license
until approved or denied by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Exemptions. new text end

new text begin (a) A transportation permit is not required to transport or import
saltwater aquatic life:
new text end

new text begin (1) previously processed for use as food or other purposes unrelated to propagation;
new text end

new text begin (2) transported directly to an outlet for processing as food or for other food purposes if
accompanied by shipping documents;
new text end

new text begin (3) that is being exported if accompanied by shipping documents;
new text end

new text begin (4) that is being transported through the state if accompanied by shipping documents;
or
new text end

new text begin (5) transported intrastate within or between facilities licensed for saltwater aquaculture
by the commissioner if accompanied by shipping documents.
new text end

new text begin (b) Shipping documents required under paragraph (a) must include the place of origin,
owner or consignee, destination, number, species, and satisfactory evidence, as determined
by the commissioner, of the disease-free certification required under subdivision 2, paragraph
(c), clauses (1) and (2).
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 84.01, subdivision 6, is amended to
read:


Subd. 6.

Legal counsel.

The commissioner of natural resources may appoint attorneys
or outside counsel to render title opinions, represent the department in severed mineral
interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute
to the contrary, represent the state in quiet title or title registration actions affecting land or
interests in land administered by the commissionernew text begin and in all proceedings relating to road
vacations
new text end.

Sec. 8.

Minnesota Statutes 2016, section 84.0895, subdivision 2, is amended to read:


Subd. 2.

Application.

(a) Subdivision 1 does not apply to:

(1) plants on land classified for property tax purposes as class 2a or 2c agricultural land
under section 273.13, deleted text beginordeleted text end on deleted text beginditches and roadwaysdeleted text endnew text begin a ditch, or on an existing public road
right-of-way as defined in section 84.92, subdivision 6a, except for ground not previously
disturbed by construction or maintenance
new text end; and

(2) noxious weeds designated pursuant to sections 18.76 to 18.88 or to weeds otherwise
designated as troublesome by the Department of Agriculture.

(b) If control of noxious weeds is necessary, it takes priority over the protection of
endangered plant species, as long as a reasonable effort is taken to preserve the endangered
plant species first.

(c) The taking or killing of an endangered plant species on land adjacent to class 3 or
3b agricultural land as a result of the application of pesticides or other agricultural chemical
on the class 3 or 3b land is not a violation of subdivision 1, if reasonable care is taken in
the application of the pesticide or other chemical to avoid impact on adjacent lands. For the
purpose of this paragraph, class 3 or 3b agricultural land does not include timber land, waste
land, or other land for which the owner receives a state paid wetlands or native prairie tax
credit.

(d) The accidental taking of an endangered plant, where the existence of the plant is not
known at the time of the taking, is not a violation of subdivision 1.

Sec. 9.

Minnesota Statutes 2016, section 84.775, subdivision 1, is amended to read:


Subdivision 1.

Civil citation; authority to issue.

(a) A conservation officer or other
licensed peace officer may issue a civil citation to a person who operates:

(1) an off-highway motorcycle in violation of sections 84.773, subdivision 1 or 2, clause
(1); 84.777; 84.788 to 84.795; or 84.90;

(2) an off-road vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.798 to 84.804; or 84.90; or

(3) an all-terrain vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.90; or 84.922 to 84.928.

(b) A civil citation under paragraph (a) shall require restitution for public and private
property damage and impose a penalty of:

(1) $100 for the first offense;

(2) $200 for the second offense; and

(3) $500 for third and subsequent offenses.

(c) A conservation officer or other licensed peace officer may issue a civil citation to a
person who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle in
violation of section 84.773, subdivision 2, clause (2) or (3). A civil citation under this
paragraph shall require restitution for damage to wetlands and impose a penalty of:

(1) $100 for the first offense;

(2) $500 for the second offense; and

(3) $1,000 for third and subsequent offenses.

(d) If the peace officer determines that there is damage to property requiring restitution,
the commissioner must send a written explanation of the extent of the damage and the cost
of the repair by first class mail to the address provided by the person receiving the citation
within 15 days of the date of the citation.

(e) An off-road vehicle deleted text beginor all-terrain vehicledeleted text end that is equipped with a snorkel device and
receives a civil citation under this section is subject to twice the penalty amounts in
paragraphs (b) and (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2016, section 84.86, subdivision 1, is amended to read:


Subdivision 1.

Required rules.

With a view of achieving maximum use of snowmobiles
consistent with protection of the environment the commissioner of natural resources shall
adopt rules in the manner provided by chapter 14, for the following purposes:

(1) Registration of snowmobiles and display of registration numbers.

(2) Use of snowmobiles insofar as game and fish resources are affected.

(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.

(4) Uniform signs to be used by the state, counties, and cities, which are necessary or
desirable to control, direct, or regulate the operation and use of snowmobiles.

(5) Specifications relating to snowmobile mufflers.

(6) A comprehensive snowmobile information and safety education and training program,
including but not limited to the preparation and dissemination of snowmobile information
and safety advice to the public, the training of snowmobile operators, and the issuance of
snowmobile safety certificates to snowmobile operators who successfully complete the
snowmobile safety education and training course. For the purpose of administering such
program and to defray expenses of training and certifying snowmobile operators, the
commissioner shall collect a fee from each person who receives the youth or adult training.
The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for
issuing a duplicate snowmobile safety certificate. The commissioner shall establish both
fees in a manner that neither significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the services. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The fees may be established
by the commissioner notwithstanding section 16A.1283. The fees, except for the issuing
fee for licensing agents under this subdivision, shall be deposited in the snowmobile trails
and enforcement account in the natural resources fund and the amount thereof, except for
the electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for the
administration of such programs. In addition to the fee established by the commissioner,
instructors may charge each person new text beginany fee paid by the instructor for the person's online
training course and
new text endup to the established fee amount for class materials and expenses. The
commissioner shall cooperate with private organizations and associations, private and public
corporations, and local governmental units in furtherance of the program established under
this clause. School districts may cooperate with the commissioner and volunteer instructors
to provide space for the classroom portion of the training. The commissioner shall consult
with the commissioner of public safety in regard to training program subject matter and
performance testing that leads to the certification of snowmobile operators.

(7) The operator of any snowmobile involved in an accident resulting in injury requiring
medical attention or hospitalization to or death of any person or total damage to an extent
of $500 or more, shall forward a written report of the accident to the commissioner on such
form as the commissioner shall prescribe. If the operator is killed or is unable to file a report
due to incapacitation, any peace officer investigating the accident shall file the accident
report within ten business days.

Sec. 11.

Minnesota Statutes 2017 Supplement, section 84.91, subdivision 1, is amended
to read:


Subdivision 1.

Acts prohibited.

(a) No owner or other person having charge or control
of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol or a controlled substance
or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state
or on the ice of any boundary water of this state.

(b) No owner or other person having charge or control of any snowmobile or all-terrain
vehicle shall knowingly authorize or permit any person, who by reason of any physical or
mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain
vehicle anywhere in this state or on the ice of any boundary water of this state.

(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle
anywhere in this state or on the ice of any boundary water of this state is subject to chapter
169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted
of violating section 169A.20 or an ordinance in conformity with it deleted text beginwhile operating a
snowmobile or all-terrain vehicle
deleted text end, or who refuses to comply with a lawful request to submit
to testing under sections 169A.50 to 169A.53 or 171.177, or an ordinance in conformity
with it, shall be prohibited from operating a snowmobile or all-terrain vehicle for a period
of one year. The commissioner shall notify the person of the time period during which the
person is prohibited from operating a snowmobile or all-terrain vehicle.

(d) Administrative and judicial review of the operating privileges prohibition deleted text beginis governeddeleted text end
deleted text begin by section deleted text enddeleted text begin, subdivisions 7 to 9, if the person does not have a prior impaired driving
deleted text enddeleted text begin conviction or prior license revocation, as defined in section deleted text enddeleted text begin. Otherwise,
deleted text enddeleted text begin administrative and judicial review of the prohibitiondeleted text end is governed by section 169A.53 or
171.177.

(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed undernew text begin:
new text end

new text begin (1)new text end this section deleted text beginand chaptersdeleted text endnew text begin;
new text end

new text begin (2) chapternew text end 169 deleted text beginanddeleted text endnew text begin relating to snowmobiles and all-terrain vehicles;
new text end

new text begin (3) chapternew text end 169A deleted text beginrelating to snowmobiles and all-terrain vehicles.deleted text endnew text begin; and
new text end

new text begin (4) section 171.177.
new text end

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from operating a vehicle under
paragraph (c) is guilty of a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to violations
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2017 Supplement, section 84.925, subdivision 1, is amended
to read:


Subdivision 1.

deleted text beginProgramdeleted text endnew text begin Training and certification programsnew text end established.

(a) The
commissioner shall establishnew text begin:
new text end

new text begin (1)new text end a comprehensive all-terrain vehicle environmental and safety education and training
new text begin certification new text endprogram, including the preparation and dissemination of vehicle information
and safety advice to the public, the training of all-terrain vehicle operators, and the issuance
of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
successfully complete the all-terrain vehicle environmental and safety education and training
coursedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) a voluntary all-terrain vehicle online training program for youth and a parent or
guardian, offered at no charge for operators at least six years of age but younger than ten
years of age.
new text end

new text begin (b)new text end A parent or guardian must be present at deleted text beginthe hands-ondeleted text endnew text begin anew text end training deleted text beginportion of thedeleted text end program
deleted text begin fordeleted text endnew text begin when thenew text end youth deleted text beginwho are six through tendeleted text endnew text begin is under tennew text end years of age.

deleted text begin (b)deleted text endnew text begin (c)new text end For the purpose of administering the program and to defray the expenses of
training and certifying vehicle operators, the commissioner shall collect a fee from each
person who receives the trainingnew text begin for certification under paragraph (a), clause (1)new text end. The
commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing
a duplicate all-terrain vehicle safety certificate. The commissioner shall establish both fees
in a manner that neither significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the services. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The fees may be established
by the commissioner notwithstanding section 16A.1283. Fee proceeds, except for the issuing
fee for licensing agents under this subdivision, shall be deposited in the all-terrain vehicle
account in the natural resources fund and the amount thereof, except for the electronic
licensing system commission established by the commissioner under section 84.027,
subdivision 15
, and issuing fees collected by the commissioner, is appropriated annually to
the Enforcement Division of the Department of Natural Resources for the administration
of the programs. In addition to the fee established by the commissioner, instructors may
charge each person up to the established fee amount for class materials and expenses.

deleted text begin (c)deleted text endnew text begin (d)new text end The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the deleted text beginprogramdeleted text endnew text begin
programs
new text end established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to deleted text begintraining programdeleted text endnew text begin thenew text end subject matter new text beginof the training programs new text endand performance testing that
leads to the certification of vehicle operators. The commissioner shall incorporate a riding
component in the deleted text beginsafety education anddeleted text end training deleted text beginprogramdeleted text endnew text begin certification programs established
under this section, and may incorporate a riding component in the training program as
established in paragraph (a), clause (2)
new text end.

Sec. 13.

Minnesota Statutes 2017 Supplement, section 84.9256, subdivision 1, is amended
to read:


Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on public
road rights-of-way that is permitted under section 84.928 and as provided under paragraph
(j), a driver's license issued by the state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years of age
but less than 16 years may make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands and waters or state or
grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate
issued by the commissioner and is accompanied by a person 18 years of age or older who
holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old,
but less than 16 years old, must:

(1) successfully complete the safety education and training program under section 84.925,
subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs while
sitting upright on the seat of the all-terrain vehicle.

(e) A person at least deleted text beginsixdeleted text endnew text begin tennew text end years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an all-terrain
vehicle with an engine capacity up to 110cc if the vehicle is a class 1 all-terrain vehicle with
straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with
side-by-side-style seating on public lands or waters if accompanied by a parent or legal
guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands
or waters or on state or grant-in-aid trails if the person cannot properly reach and control:

(1) the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle with straddle-style seating; or

(2) the steering wheel and foot controls of a class 1 all-terrain vehicle with
side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.

(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16
years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or
state or grant-in-aid trails if:

(1) the nonresident youth has in possession evidence of completing an all-terrain safety
course offered by the ATV Safety Institute or another state as provided in section 84.925,
subdivision 3; and

(2) the nonresident youth is accompanied by a person 18 years of age or older who holds
a valid driver's license.

(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
under section 84.928 if the person:

(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
and

(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

Sec. 14.

Minnesota Statutes 2016, section 84.928, subdivision 2, is amended to read:


Subd. 2.

Operation generally.

A person may not drive or operate an all-terrain vehicle:

(1) at a rate of speed greater than reasonable or proper under the surrounding
circumstances;

(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or
damage to the person or property of another;

(3) without headlight and taillight lighted at all times if the vehicle is equipped with
headlight and taillight;

(4) without a functioning stoplight if so equipped;

(5) in a tree nursery or planting in a manner that damages or destroys growing stock;

(6) without a brake operational by either hand or foot;

(7) with more than one person on the vehicle, except as allowed under section 84.9257;

(8) at a speed exceeding ten miles per hour on the frozen surface of public waters within
100 feet of a person not on an all-terrain vehicle or within 100 feet of a fishing shelter;new text begin or
new text end

deleted text begin (9) with a snorkel device that has a raised air intake six inches or more above the vehicle
manufacturer's original air intake, except within the Iron Range Off-Highway Vehicle
Recreation Area as described in section 85.013, subdivision 12a, or other public off-highway
vehicle recreation areas; or
deleted text end

deleted text begin (10)deleted text endnew text begin (9)new text end in a manner that violates operation rules adopted by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 3, is amended
to read:


Subd. 3.

Bait harvest from infested waters.

(a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited except as provided in paragraph (b),
(c), or (d) and section 97C.341.

(b) In waters that are listed as infested waters, except those listed as infested with
prohibited invasive species of fish or certifiable diseases of fish, as defined under section
17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes as provided
in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
watermilfoil, when the infested waters are listed solely because they contain Eurasian
watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not
exceeding 16 inches in diameter and 32 inches in length.

(c) In streams or rivers that are listed as infested waters, except those listed as infested
with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest
of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by
hook and line for noncommercial personal use is allowed as follows:

(1) fish taken under this paragraph must be used on the same body of water where caught
and while still on that water body. Where the river or stream is divided by barriers such as
dams, the fish must be caught and used on the same section of the river or stream;

(2) fish taken under this paragraph may not be transported live from or off the water
body;

(3) fish harvested under this paragraph may only be used in accordance with this section;

(4) any other use of wild animals used for bait from infested waters is prohibited;

(5) fish taken under this paragraph must meet all other size restrictions and requirements
as established in rules; and

(6) all species listed under this paragraph shall be included in the person's daily limit as
established in rules, if applicable.

(d) In the new text beginMinnesota River downstream of Granite Falls, the new text endMississippi River
downstream of St. Anthony Fallsnew text begin,new text end and the St. Croix River downstream of the dam at Taylors
Falls, including portions described as Minnesota-Wisconsin boundary waters in Minnesota
Rules, part 6266.0500, subpart 1, items A and B, the harvest of gizzard shad by cast net for
noncommercial personal use as bait for angling, as provided in a permit issued under section
84D.11, is allowed as follows:

(1) nontarget species must immediately be returned to the water;

(2) gizzard shad taken under this paragraph must be used on the same body of water
where caught and while still on that water body. Where the river is divided by barriers such
as dams, the gizzard shad must be caught and used on the same section of the river;

(3) gizzard shad taken under this paragraph may not be transported off the water body;
and

(4) gizzard shad harvested under this paragraph may only be used in accordance with
this section.

deleted text begin This paragraph expires December 1, 2017.
deleted text end

(e) Equipment authorized for minnow harvest in a listed infested water by permit issued
under paragraph (b) may not be transported to, or used in, any waters other than waters
specified in the permit.

(f) Bait intended for sale may not be held in infested water after taking and before sale,
unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from December 1, 2017.
new text end

Sec. 16.

Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 4, is amended
to read:


Subd. 4.

Restrictions in infested and noninfested waters; commercial fishing and
turtle, frog, and crayfish harvesting.

(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
is listed because it contains invasive fish, invertebrates, new text beginaquatic plants or aquatic macrophytes
other than Eurasian watermilfoil,
new text endor certifiable diseases, as defined in section 17.4982, must
be tagged with tags provided by the commissioner, as specified in the commercial licensee's
license or permit. Tagged gear must not be used in water bodies other than those specified
in the license or permit. Thenew text begin license ornew text end permit may authorize department staff to remove
tags deleted text beginafter thedeleted text endnew text begin fromnew text end gear deleted text beginisdeleted text endnew text begin that has beennew text end decontaminatednew text begin according to a protocol specified
by the commissioner if use of the decontaminated gear in other water bodies would not pose
an unreasonable risk of harm to natural resources or the use of natural resources in the state
new text end.
This tagging requirement does not apply to commercial fishing equipment used in Lake
Superior.

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
frog, or crayfish harvesting in an infested water that is listed solely because it contains
Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
of two days before they are used in any other waters, except as provided in this paragraph.
Commercial licensees must notify the department's regional or area fisheries office or a
conservation officer before removing nets or equipment from an infested water listed solely
because it contains Eurasian watermilfoil and before resetting those nets or equipment in
any other waters. Upon notification, the commissioner may authorize a commercial licensee
to move nets or equipment to another water without freezing or drying, if that water is listed
as infested solely because it contains Eurasian watermilfoil.

(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment before placing the equipment into waters of the state.

(d) The commissioner shall provide a commercial licensee with a current listing of listed
infested waters at the time that a license or permit is issued.

Sec. 17.

Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2b, is amended
to read:


Subd. 2b.

Gull Lake pilot study.

(a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for deleted text beginthe
Gull Narrows State Water Access Site, Government Point State Water Access Site, and
Gull East State
deleted text end water access deleted text beginSitedeleted text endnew text begin sitesnew text end on Gull Lake (DNR Division of Waters number
11-0305) in Cass and Crow Wing Counties using the same authorities, general procedures,
and requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake
service providers participating in the Gull Lake targeted pilot study place of business must
be located in Cass or Crow Wing County.

(b) If an additional targeted pilot project for Gull Lake is implemented under this section,
the report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over natural resources required under Laws
2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study
recommendations and assessments.

(c) This subdivision expires December 1, 2019.

Sec. 18.

Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2c, is amended
to read:


Subd. 2c.

Cross Lake pilot study.

(a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for deleted text beginthe
Cross Lake #1 State
deleted text end water access deleted text beginSitedeleted text endnew text begin sitesnew text end on Cross Lake (DNR Division of Waters number
18-0312) in Crow Wing County using the same authorities, general procedures, and
requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place
of business of lake service providers participating in the Cross Lake targeted pilot study
must be located in Cass or Crow Wing County.

(b) If an additional targeted pilot project for Cross Lake is implemented under this
section, the report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over natural resources required under Laws
2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot
study recommendations and assessments.

(c) This subdivision expires December 1, 2019.

Sec. 19.

Minnesota Statutes 2017 Supplement, section 85.0146, subdivision 1, is amended
to read:


Subdivision 1.

Advisory council created.

The Cuyuna Country State Recreation Area
Citizens Advisory Council is established. Membership on the advisory council shall include:

(1) a representative of deleted text beginthe Cuyuna Range Mineland Recreation Area Joint Powers Boarddeleted text endnew text begin
Cuyuna Range Economic Development, Inc.
new text end;

(2) a representative deleted text beginofdeleted text endnew text begin fornew text end the Croft Mine Historical Park deleted text beginJoint Powers Boarddeleted text end new text beginappointed
by the members of the Cuyuna Country State Recreation Area Citizens Advisory Council
who are appointed under clauses (1) and (4) to (13)
new text end;

(3) a deleted text begindesignee of the Cuyuna Range Mineland Reclamation Committee who has worked
as a miner in the local area
deleted text endnew text begin member at large appointed by the members of the Cuyuna
Country State Recreation Area Citizens Advisory Council who are appointed under clauses
(1) and (4) to (13)
new text end;

(4) a representative of the Crow Wing County Board;

(5) deleted text beginan elected state officialdeleted text endnew text begin the state senator representing the state recreation areanew text end;

(6) new text beginthe member from the state house of representatives representing the state recreation
area;
new text end

new text begin (7) new text enda representative of the Grand Rapids regional office of the Department of Natural
Resources;

deleted text begin (7)deleted text endnew text begin (8)new text end a designee of the commissioner of Iron Range resources and rehabilitation;

deleted text begin (8)deleted text endnew text begin (9)new text end a designee of the local business community selected by the area chambers of
commerce;

deleted text begin (9)deleted text endnew text begin (10)new text end a designee of the local environmental community selected by the Crow Wing
County District 5 commissioner;

deleted text begin (10)deleted text endnew text begin (11)new text end a designee of a local education organization selected by the Crosby-Ironton
School Board;

deleted text begin (11)deleted text endnew text begin (12)new text end a designee of one of the recreation area user groups selected by the Cuyuna
Range Chamber of Commerce; and

deleted text begin (12)deleted text endnew text begin (13)new text end a member of the Cuyuna Country Heritage Preservation Society.

Sec. 20.

Minnesota Statutes 2017 Supplement, section 86B.331, subdivision 1, is amended
to read:


Subdivision 1.

Acts prohibited.

(a) An owner or other person having charge or control
of a motorboat may not authorize or allow an individual the person knows or has reason to
believe is under the influence of alcohol or a controlled or other substance to operate the
motorboat in operation on the waters of this state.

(b) An owner or other person having charge or control of a motorboat may not knowingly
authorize or allow a person, who by reason of a physical or mental disability is incapable
of operating the motorboat, to operate the motorboat in operation on the waters of this state.

(c) A person who operates or is in physical control of a motorboat on the waters of this
state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A,
a person who is convicted of violating section 169A.20 or an ordinance in conformity with
it deleted text beginwhile operating a motorboatdeleted text end, shall be prohibited from operating a motorboat on the waters
of this state for a period of 90 days between May 1 and October 31, extending over two
consecutive years if necessary. If the person deleted text beginoperating the motorboatdeleted text end refuses to comply with
a lawful demand to submit to testing under sections 169A.50 to 169A.53 or 171.177, or an
ordinance in conformity with it, the person shall be prohibited from operating a motorboat
for a period of one year. The commissioner shall notify the person of the period during
which the person is prohibited from operating a motorboat.

(d) Administrative and judicial review of the operating privileges prohibition deleted text beginis governed
by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving
conviction or prior license revocation, as defined in section 169A.03. Otherwise,
administrative and judicial review of the prohibition
deleted text end is governed by section 169A.53 or
171.177.

(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed undernew text begin: (1)new text end this
section deleted text beginand chaptersdeleted text endnew text begin; (2) chapternew text end 169 deleted text beginanddeleted text end new text beginrelating to motorboats; (3) chapter new text end169A deleted text beginrelating
to motorboats
deleted text endnew text begin; and (4) section 171.177new text end.

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor.

(g) For purposes of this subdivision, a motorboat "in operation" does not include a
motorboat that is anchored, beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2016, section 88.10, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Wildland firefighters; training and licensing. new text end

new text begin Forest officers and all
individuals employed as wildland firefighters under this chapter are not subject to the
requirements of chapter 299N.
new text end

Sec. 22.

Minnesota Statutes 2016, section 88.75, subdivision 1, is amended to read:


Subdivision 1.

Misdemeanor offenses; damages; injunctive relief.

new text begin(a) new text endAny person
who violates any of the provisions of sections 88.03 to 88.22 for which no specific penalty
is therein prescribed shall be guilty of a misdemeanor and be punished accordingly.

new text begin (b) new text endFailure by any person to comply with any provision or requirement of sections 88.03
to 88.22 to which such person is subject shall be deemed a violation thereof.

new text begin (c) new text endAny person who violates deleted text beginany provisions ofdeleted text end sections 88.03 to 88.22, in addition to
any penalties therein prescribed, or hereinbefore in this section prescribed, for such violation,
shall also be liable in full damages to any and every person suffering loss or injury by reason
of such violation, including liability to the state, and any of its political subdivisions, for
all expenses incurred in fighting or preventing the spread of, or extinguishing, any fire
caused by, or resulting from, any violation of these sections.new text begin Notwithstanding any statute
to the contrary, an attorney who is licensed to practice law in Minnesota and is an employee
of the Department of Natural Resources may represent the commissioner in proceedings
under this subdivision that are removed to district court from conciliation court.
new text end All expenses
so collected by the state shall be deposited in the general fund. When a fire set by any person
spreads to and damages or destroys property belonging to another, the setting of the fire
shall be prima facie evidence of negligence in setting and allowing the same to spread.

new text begin (d) new text endAt any time the state, or any political subdivision thereof, either of its own motion,
or at the suggestion or request of the director, may bring an action in any court of competent
jurisdiction to restrain, enjoin, or otherwise prohibit any violation of sections 88.03 to 88.22,
whether therein described as a crime or not, and likewise to restrain, enjoin, or prohibit any
person from proceeding further in, with, or at any timber cutting or other operations without
complying with the provisions of those sections, or the requirements of the director pursuant
thereto; and the court may grant such relief, or any other appropriate relief, whenever it
shall appear that the same may prevent loss of life or property by fire, or may otherwise aid
in accomplishing the purposes of sections 88.03 to 88.22.

Sec. 23.

Minnesota Statutes 2016, section 89.551, is amended to read:


89.551 APPROVED FIREWOOD REQUIRED.

(a) After the commissioner issues an order under paragraph (b), a person may not possess
firewood on land administered by the commissioner of natural resources unless the firewood:

(1) was obtained from a firewood distribution facility located on land administered by
the commissioner;

(2) was obtained from a firewood dealer who is selling firewood that is approved by the
commissioner under paragraph (b); or

(3) has been approved by the commissioner of natural resources under paragraph (b).

(b) The commissioner of natural resources shall, by written order published in the State
Register, approve firewood for possession on lands administered by the commissioner. The
order is not subject to the rulemaking provisions of chapter 14new text begin,new text end and section 14.386 does not
apply.

(c) A violation under this section is subject to confiscation of firewood deleted text beginand after May
1, 2008, confiscation
deleted text end and a $100 penalty. deleted text beginA firewood dealer shall be subject to confiscation
and assessed a $100 penalty for each sale of firewood not approved under the provisions
of this section and sold for use on land administered by the commissioner.
deleted text end

(d) For the purposes of this section, "firewood" means any wood that is intended for use
in a campfire, as defined in section 88.01, subdivision 25.

Sec. 24.

Minnesota Statutes 2016, section 97A.051, subdivision 2, is amended to read:


Subd. 2.

Summary of fish and game laws.

(a) The commissioner shall prepare a
summary of the hunting and fishing laws and rules and deliver a sufficient supply to license
vendors deleted text beginto furnish one copy to each person obtaining a hunting, fishing, or trapping licensedeleted text end.

(b) At the beginning of the summary, under the heading "Trespass," the commissioner
shall summarize the trespass provisions under sections 97B.001 to 97B.945, state that
conservation officers and peace officers must enforce the trespass laws, and state the penalties
for trespassing.

(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
summarize the requirements under section 609.662 and state the penalties for failure to
render aid to a person injured by gunshot.

Sec. 25.

Minnesota Statutes 2017 Supplement, section 97A.075, subdivision 1, is amended
to read:


Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this subdivision,
"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5),
(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and
8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.

(b) new text begin$16 from each annual deer license issued under section 97A.475, subdivisions 2,
clauses (5), (6), and (7); 3, paragraph (a), clauses (2), (3), and (4); and 8, paragraph (b);
new text end$2
from each annual deer license deleted text beginand $2deleted text endnew text begin issued under sections 97A.475, subdivisions 2, clauses
(13), (14), and (15); and 3, paragraph (a), clauses (10), (11), and (12); and 97B.301,
subdivision 4; $16
new text end annually from the lifetime fish and wildlife trust fund, established in
section 97A.4742, for each license issued new text beginto a person 18 years of age or older new text endunder section
97A.473, subdivision 4deleted text begin,deleted text endnew text begin; and $2 annually from the lifetime fish and wildlife trust fund for
each license issued to a person under 18 years of age under section 97A.473, subdivision
4,
new text end shall be credited to the deer management account deleted text beginand is appropriated to the commissioner
for deer habitat improvement or deer management programs
deleted text end.new text begin The deer management account
is established as an account in the game and fish fund and may be used only for deer habitat
improvement or deer management programs.
new text end

(c) $1 from each annual deer license and each bear license and $1 annually from the
lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued
under section 97A.473, subdivision 4, shall be credited to the deer and bear management
account and is appropriated to the commissioner for deer- and bear-management programs,
including a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild
Cervidae health-management account and is appropriated for emergency deer feeding and
wild Cervidae health management. Money appropriated for emergency deer feeding and
wild Cervidae health management is available until expended.

When the unencumbered balance in the appropriation for emergency deer feeding and
wild Cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer- and
bear-management programs and computerized licensing.

Sec. 26.

new text begin [97A.409] VOTER REGISTRATION INFORMATION.
new text end

new text begin (a) On the Department of Natural Resources online license sales Web site for purchasing
a resident license to hunt or fish that is required under the game and fish laws, the
commissioner must include the voter registration eligibility requirements, a description of
how to register to vote before or on election day, and a direct link to the secretary of state's
online voter registration Web site. The information and link must be easily readable and
displayed in a prominent location.
new text end

new text begin (b) In the printed and digital versions of fishing regulations and hunting and trapping
regulations, the commissioner must include the voter registration eligibility requirements,
a description of how to register to vote before or on election day, and a link to the secretary
of state's online voter registration Web page. In addition, the commissioner must include a
voter registration application in the printed and digital versions of fishing regulations and
hunting and trapping regulations.
new text end

new text begin (c) The secretary of state must provide the required voter registration information to the
commissioner. The secretary of state must prepare and approve an alternate form of the
voter registration application to be used in the regulations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective August 1, 2018, and applies to licenses
issued on or after March 1, 2019. Paragraph (b) is effective August 1, 2018, and applies to
printed and digital versions of regulations updated on or after that date.
new text end

Sec. 27.

Minnesota Statutes 2016, section 97A.433, subdivision 4, is amended to read:


Subd. 4.

Discretionary separate selection; eligibility.

(a) The commissioner may
conduct a separate selection for up to 20 percent of the elk licenses to be issued for an area.
Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in
the area, and their family members, are eligible for the separate selection. Persons that are
unsuccessful in a separate selection must be included in the selection for the remaining
licenses. Persons who obtain an elk license in a separate selection deleted text beginmust allow public elk
hunting on their land during the elk season for which the license is valid
deleted text endnew text begin may sell the license
to any Minnesota resident eligible to hunt big game for no more than the original cost of
the license
new text end.

(b) The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.

Sec. 28.

Minnesota Statutes 2016, section 97A.433, subdivision 5, is amended to read:


Subd. 5.

Mandatory separate selection.

The commissioner must conduct a separate
selection for 20 percent of the elk licenses to be issued each year. Only individuals who
have applied at least ten times for an elk license and who have never received a license are
eligible for this separate selection.new text begin A person who is unsuccessful in a separate selection
under this subdivision must be included in the selection for the remaining licenses.
new text end

Sec. 29.

Minnesota Statutes 2016, section 97B.015, subdivision 6, is amended to read:


Subd. 6.

Provisional certificate for persons with new text beginpermanent physical or
new text end developmental disability.

Upon the recommendation of a course instructor, the
commissioner may issue a provisional firearms safety certificate to a person who satisfactorily
completes the classroom portion of the firearms safety course but is unable to pass the
written or an alternate format exam portion of the course because of new text begina permanent physical
disability or
new text enddevelopmental disability as defined in section 97B.1055, subdivision 1. The
certificate is valid only when used according to section 97B.1055.

Sec. 30.

Minnesota Statutes 2016, section 97B.081, subdivision 3, is amended to read:


Subd. 3.

Exceptions.

(a) It is not a violation of this section for a person to:

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

(2) hunt fox or coyote from January 1 to March 15 while using deleted text begina handhelddeleted text endnew text begin annew text end artificial
light, provided that the person is:

(i) on foot;

(ii) using a shotgun;

(iii) not within a public road right-of-way;

(iv) using a handheld or electronic calling device; and

(v) not within 200 feet of a motor vehicle; or

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
animals, provided that the person is:

(i) on foot; and

(ii) not in possession of a firearm or bow.

(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:

(1) carry out any agricultural, safety, emergency response, normal vehicle operation, or
occupation-related activities that do not involve taking wild animals; or

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.

(c) Except as otherwise provided by the game and fish laws, it is not a violation of this
section for a person to use an electronic range finder device from one-half hour before
sunrise until one-half hour after sunset while lawfully hunting wild animals.

(d) It is not a violation of this section for a licensed bear hunter to cast the rays of a
handheld artificial light to track or retrieve a wounded or dead bear while possessing a
firearm, provided that the person:

(1) has the person's valid bear-hunting license in possession;

(2) is on foot; and

(3) is following the blood trail of a bear that was shot during legal shooting hours.

Sec. 31.

Minnesota Statutes 2016, section 97B.1055, is amended to read:


97B.1055 HUNTING BY PERSONS WITH new text beginA PERMANENT PHYSICAL OR
new text end DEVELOPMENTAL DISABILITY.

Subdivision 1.

Definitions.

For purposes of this section and section 97B.015, subdivision
6
deleted text begin,deleted text endnew text begin:
new text end

new text begin (1)new text end "person with developmental disability" means a person who has been diagnosed as
having substantial limitations in present functioning, manifested as significantly subaverage
intellectual functioning, existing concurrently with demonstrated deficits in adaptive behavior,
and who manifests these conditions before the person's 22nd birthdaydeleted text begin.deleted text endnew text begin;
new text end

deleted text begin Adeleted text end new text begin(2) "new text endperson with a related conditionnew text begin"new text end means a person who meets the diagnostic
definition under section 252.27, subdivision 1adeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) "person with a permanent physical disability" means a person who has a physical
disability that prevents them from being able to navigate natural terrain or hold a firearm
for the purpose of a required field component for the firearms safety training program under
section 97B.020.
new text end

Subd. 2.

Obtaining a license.

(a) Notwithstanding section 97B.020, a person with new text begina
permanent physical disability or
new text enddevelopmental disability may obtain a firearms hunting
license with a provisional firearms safety certificate issued under section 97B.015,
subdivision 6
.

(b) Any person accompanying or assisting a person with new text begina permanent physical disability
or
new text enddevelopmental disability under this section must possess a valid firearms safety certificate
issued by the commissioner.

Subd. 3.

Assistance required.

A person who obtains a firearms hunting license under
subdivision 2 must be accompanied and assisted by a parent, guardian, or other adult person
designated by a parent or guardian when hunting. A person who is not hunting but is solely
accompanying and assisting a person with new text begina permanent physical disability or new text enddevelopmental
disability need not obtain a hunting license.

Subd. 4.

Prohibited activities.

(a) This section does not entitle a person to possess a
firearm if the person is otherwise prohibited from possessing a firearm under state or federal
law or a court order.

(b) No person shall knowingly authorize or permit a person, who by reason of new text begina permanent
physical disability or
new text enddevelopmental disability is incapable of safely possessing a firearm,
to possess a firearm to hunt in the state or on any boundary water of the state.

Sec. 32.

Minnesota Statutes 2016, section 97C.345, subdivision 3a, is amended to read:


Subd. 3a.

Cast nets for gizzard shad.

(a) Cast nets may be used only to take gizzard
shad for use as bait for angling:

(1) from July 1 to November 30; and

(2) from the new text beginMinnesota River downstream of Granite Falls, new text endMississippi River downstream
of St. Anthony Fallsnew text begin,new text end and the St. Croix River downstream of the dam at Taylors Falls,
including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules,
part 6266.0500, subpart 1, items A and B, that are listed as infested waters as allowed under
section 84D.03, subdivision 3.

(b) Cast nets used under this subdivision must be monofilament and may not exceed
deleted text begin sevendeleted text endnew text begin fivenew text end feet in deleted text begindiameterdeleted text endnew text begin radiusnew text end, and mesh size must be from three-eighths to five-eighths
inch bar measure.new text begin No more than two cast nets may be used at one time.
new text end

deleted text begin (c) This subdivision expires December 1, 2017. The commissioner must report to the
chairs and ranking minority members of the house of representatives and senate committees
with jurisdiction over environment and natural resources by March 1, 2018, on the number
of permits issued, conservation impacts from the use of cast nets, and recommendations for
any necessary changes in statutes or rules.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from December 1, 2017.
new text end

Sec. 33.

Minnesota Statutes 2016, section 103B.3369, subdivision 5, is amended to read:


Subd. 5.

Financial assistance.

A base grantnew text begin, contract, or paymentnew text end may be awarded to a
countynew text begin or other local unit of governmentnew text end that provides a match utilizing a water
implementation tax or other local source. A water implementation tax that a countynew text begin or other
local unit of government
new text end intends to use as a match to the base grant must be levied at a rate
sufficient to generate a minimum amount determined by the board. The board may award
performance-basednew text begin or watershed-basednew text end grantsnew text begin, contracts, or paymentsnew text end to local units of
government that are responsible for implementing elements of applicable portions of
watershed management plans, comprehensive plans, local water management plans, or
comprehensive watershed management plans, developed or amended, adopted and approved,
according to chapter 103B, 103C, or 103D. Upon request by a local government unit, the
board may also award performance-based grants to local units of government to carry out
TMDL implementation plans as provided in chapter 114D, if the TMDL implementation
plan has been incorporated into the local water management plan according to the procedures
for approving comprehensive plans, watershed management plans, local water management
plans, or comprehensive watershed management plans under chapter 103B, 103C, or 103D,
or if the TMDL implementation plan has undergone a public review process. Notwithstanding
section 16A.41, the board may award deleted text beginperformance-baseddeleted text end grantsnew text begin, contracts, or paymentsnew text end on
an advanced basis. The fee authorized in section 40A.152 may be used as a local match or
as a supplement to state funding to accomplish implementation of comprehensive plans,
watershed management plans, local water management plans, or comprehensive watershed
management plans under this chapter and chapter 103C or 103D.

Sec. 34.

Minnesota Statutes 2016, section 103B.3369, subdivision 9, is amended to read:


Subd. 9.

deleted text beginPerformance-baseddeleted text end Criteria.

new text begin(a) new text endThe board deleted text beginshalldeleted text endnew text begin mustnew text end develop and utilize
performance-based criteria for local water resources restoration, protection, and management
programs and projects. The criteria may include but are not limited to science-based
assessments, organizational capacity, priority resource issues, community outreach and
support, partnership potential, potential for multiple benefits, and program and project
delivery efficiency and effectiveness.

new text begin (b) Notwithstanding paragraph (a), the board may develop and utilize eligibility criteria
for base amounts of state funding to local governments.
new text end

Sec. 35.

new text begin [103B.461] RED RIVER BASIN COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Purposes. new text end

new text begin The Red River Basin Commission was created to:
new text end

new text begin (1) facilitate transboundary and basin-wide dialogue and consultation with citizens, land
users, organizations, and governments; and
new text end

new text begin (2) coordinate basin-wide interstate and international efforts on water management,
including but not limited to flood mitigation, water quality, water supply, drainage, aquatic
health, and recreation.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The Red River Basin Commission must have basin-wide
representation of members and alternates to serve on the commission consistent with the
adopted bylaws of the commission. Selection and terms of members are as defined in the
commission's bylaws.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The Red River Basin Commission must:
new text end

new text begin (1) develop and coordinate comprehensive water management goals for the Red River
basin by aligning the work plans in the major watersheds in the states of Minnesota, North
Dakota, and South Dakota and the Canadian province of Manitoba;
new text end

new text begin (2) advise on developing and using systems to monitor and evaluate the Red River basin
and incorporating the data obtained from these systems into planning and implementation
processes;
new text end

new text begin (3) conduct public meetings at locations in the Red River basin regarding the public's
perspective on water resource issues, needs, and priorities in the basin;
new text end

new text begin (4) conduct an ongoing information and education program on water management in
the Red River basin, including an annual conference;
new text end

new text begin (5) advise on developing projects in the major watersheds that are scientifically sound,
have landowner and local government support, and reduce potential flood damages and
inputs of pollutants into the Red River;
new text end

new text begin (6) develop and implement a framework plan for natural resources and provide periodic
budget requests and reports to the governors of Minnesota, North Dakota, and South Dakota,
to the premier of Manitoba, and to the respective legislatures, provincial members, and
congressional representatives of the respective states and province regarding progress on
meeting water management goals and funding or policy recommendations;
new text end

new text begin (7) administer funds for implementing projects and track and report the results achieved
for each project; and
new text end

new text begin (8) assess the collective work in the Red River basin and make recommendations to the
states of Minnesota, North Dakota, and South Dakota, to the Canadian province of Manitoba,
and to their respective legislatures, provincial members, and congressional representatives
on the actions needed to sustain or accelerate components of the framework plan for natural
resources in the Red River basin and the major watersheds of the Red River basin.
new text end

Sec. 36.

Minnesota Statutes 2016, section 103B.801, subdivision 2, is amended to read:


Subd. 2.

Program purposes.

The purposes of the comprehensive watershed management
plan program under section 103B.101, subdivision 14, paragraph (a), are to:

(1) align local water planning purposes and procedures under this chapter and chapters
103C and 103D on watershed boundaries to create a systematic, watershed-wide,
science-based approach to watershed management;

(2) acknowledge and build off existing local government structure, water plan services,
and local capacity;

(3) incorporate and make use of data and information, including watershed restoration
and protection strategies under section 114D.26new text begin, which may serve to fulfill all or some of
the requirements under chapter 114D
new text end;

(4) solicit input and engage experts from agencies, citizens, and stakeholder groups;

(5) focus on implementation of prioritized and targeted actions capable of achieving
measurable progress; and

(6) serve as a substitute for a comprehensive plan, local water management plan, or
watershed management plan developed or amended, approved, and adopted, according to
this chapter or chapter 103C or 103D.

Sec. 37.

Minnesota Statutes 2016, section 103B.801, subdivision 5, is amended to read:


Subd. 5.

Timelines; administration.

(a) The board shall develop and adopt, by June
30, 2016, a transition plan for development, approval, adoption, and coordination of plans
consistent with section 103A.212. The transition plan must include a goal of completing
statewide transition to comprehensive watershed management plans by 2025. The
metropolitan area may be considered for inclusion in the transition plan.new text begin The board may
amend the transition plan no more often than once every two years.
new text end

(b) The board may use the authority under section 103B.3369, subdivision 9, to support
development or implementation of a comprehensive watershed management plan under this
section.

Sec. 38.

Minnesota Statutes 2016, section 103F.361, subdivision 2, is amended to read:


Subd. 2.

Legislative intent.

It is the intent of sections 103F.361 to 103F.377 to authorize
and direct the board and deleted text beginthe countiesdeleted text endnew text begin zoning authoritiesnew text end to implement the plan for the
Mississippi headwaters area.

Sec. 39.

Minnesota Statutes 2016, section 103F.363, subdivision 1, is amended to read:


Subdivision 1.

Generally.

Sections 103F.361 to 103F.377 apply to the counties of
Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrisonnew text begin and all other
zoning authorities
new text end.

Sec. 40.

Minnesota Statutes 2016, section 103F.365, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Zoning authority. new text end

new text begin "Zoning authority" means counties, organized townships,
local and special governmental units, joint powers boards, councils, commissions, boards,
districts, and all state agencies and departments within the corridor defined by the plan,
excluding statutory or home rule charter cities.
new text end

Sec. 41.

Minnesota Statutes 2016, section 103F.371, is amended to read:


103F.371 RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.

new text begin (a) new text endAll local and special governmental units, councils, commissions, boards and districts
and all state agencies and departments must exercise their powers so as to further the purposes
of sections 103F.361 to 103F.377 and the plan. Land owned by the state, its agencies, and
political subdivisions shall be administered in accordance with the plan.new text begin The certification
procedure under section 103F.373 applies to all zoning authorities in the corridor defined
by the plan.
new text end

new text begin (b) new text endActions that comply with the land use ordinance are consistent with the plan. Actions
that do not comply with the ordinance may not be started until the board has been notified
and given an opportunity to review and comment on the consistency of the action with this
section.

Sec. 42.

Minnesota Statutes 2016, section 103F.373, subdivision 1, is amended to read:


Subdivision 1.

Purpose.

To deleted text beginassuredeleted text endnew text begin ensurenew text end that the plan is not nullified by unjustified
exceptions in particular cases and to promote uniformity in the treatment of applications
for exceptions, a review and certification procedure is established for the following categories
of land use actions taken by deleted text beginthe counties anddeleted text endnew text begin zoning authoritiesnew text end directly or indirectly affecting
land use within the area covered by the plan:

(1) the adoption or amendment of an ordinance regulating the use of land, including
rezoning of particular tracts of land;

(2) the granting of a variance from provisions of the land use ordinance; and

(3) the approval of a plat which is inconsistent with the land use ordinance.

Sec. 43.

Minnesota Statutes 2016, section 103F.373, subdivision 3, is amended to read:


Subd. 3.

Procedure for certification.

A copy of the notices of public hearings or, when
a hearing is not required, a copy of the application to consider an action of a type specified
in subdivision 1, clauses (1) to (3), must be forwarded to the board by the deleted text begincountydeleted text endnew text begin zoning
authority
new text end at least 15 days before the hearing or meetings to consider the actions. The deleted text begincountydeleted text end
new text begin zoning authority new text endshall notify the board of its final decision on the proposed action within
ten days of the decision. By 30 days after the board receives the notice, the board shall
notify the deleted text begincountydeleted text endnew text begin zoning authoritynew text end and the applicant of deleted text beginitsdeleted text endnew text begin the board'snew text end approval or disapproval
of the proposed action.

Sec. 44.

Minnesota Statutes 2016, section 103F.373, subdivision 4, is amended to read:


Subd. 4.

Disapproval of actions.

(a) If a notice of disapproval is issued by the board,
the deleted text begincountydeleted text endnew text begin zoning authoritynew text end or the applicant may, within 30 days of the notice, file with the
board a demand for a hearing. If a demand is not filed within the 30-day period, the
disapproval becomes final.

(b) If a demand is filed within the 30-day period, a hearing must be held within 60 days
of demand. The hearing must be preceded by two weeks' published notice. Within 30 days
after the hearing, the board must:

(1) affirm its disapproval of the proposed action; or

(2) certify approval of the proposed action.

Sec. 45.

Minnesota Statutes 2017 Supplement, section 103G.2242, subdivision 1, is
amended to read:


Subdivision 1.

Rules.

(a) The board, in consultation with the commissioner, shall adopt
rules governing the approval of wetland value replacement plans under this section and
public-waters-work permits affecting public waters wetlands under section 103G.245. These
rules must address the criteria, procedure, timing, and location of acceptable replacement
of wetland values and may address the state establishment and administration of a wetland
banking program for public and private projects, including provisions for an in-lieu fee
program; the administrative, monitoring, and enforcement procedures to be used; and a
procedure for the review and appeal of decisions under this section. In the case of peatlands,
the replacement plan rules must consider the impact on carbon. Any in-lieu fee program
established by the board must conform with Code of Federal Regulations, title 33, section
332.8, as amended.

(b) After the adoption of the rules, a replacement plan must be approved by a resolution
of the governing body of the local government unit, consistent with the provisions of the
rules or a comprehensive wetland protection and management plan approved under section
103G.2243.

(c) If the local government unit fails to apply the rules, or fails to implement a local
comprehensive wetland protection and management plan established under section
103G.2243, the government unit is subject to penalty as determined by the board.

(d) When making a determination under rules adopted pursuant to this subdivision on
whether a rare natural community will be permanently adversely affected, consideration of
measures to mitigate any adverse effect on the community must be considered.new text begin Wetland
banking credits shall be an acceptable mitigation measure for any adverse effects on a rare
natural community. The Department of Natural Resources may approve a wetland
replacement plan that includes restoration or credits from rare natural communities of
substantially comparable character and public value as mitigation for any rare natural
community adversely affected by a project.
new text end

Sec. 46.

Minnesota Statutes 2016, section 103G.2242, subdivision 14, is amended to read:


Subd. 14.

Fees established.

(a) Fees must be assessed for managing wetland bank
accounts and transactions as follows:

(1) account maintenance annual fee: one percent of the value of credits not to exceed
$500;

(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not to
exceed $1,000 per establishment, deposit, or transfer; and

(3) withdrawal fee: 6.5 percent of the value of credits withdrawn.

(b) The board deleted text beginmaydeleted text endnew text begin mustnew text end establish fees deleted text beginat ordeleted text endnew text begin based on costs to the agencynew text end below the
amounts in paragraph (a) for single-user or other dedicated wetland banking accounts.

(c) Fees for single-user or other dedicated wetland banking accounts established pursuant
to section 103G.005, subdivision 10i, clause (4), are limited to establishment of a wetland
banking account and are assessed at the rate of 6.5 percent of the value of the credits not to
exceed $1,000.

(d) The board may assess a fee to pay the costs associated with establishing conservation
easements, or other long-term protection mechanisms prescribed in the rules adopted under
subdivision 1, on property used for wetland replacement.

Sec. 47.

Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Comprehensive local water management plan. new text end

new text begin "Comprehensive local water
management plan" has the meaning given under section 103B.3363, subdivision 3.
new text end

Sec. 48.

Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Comprehensive watershed management plan. new text end

new text begin "Comprehensive watershed
management plan" has the meaning given under section 103B.3363, subdivision 3a.
new text end

Sec. 49.

Minnesota Statutes 2016, section 114D.15, subdivision 7, is amended to read:


Subd. 7.

Restoration.

"Restoration" means actionsdeleted text begin, including effectiveness monitoring,
that are
deleted text end taken tonew text begin pursue,new text end achievenew text begin,new text end and maintain water quality standards for impaired waters
deleted text begin in accordance with a TMDL that has been approved by the United States Environmental
Protection Agency under federal TMDL requirements
deleted text end.

Sec. 50.

Minnesota Statutes 2016, section 114D.15, subdivision 11, is amended to read:


Subd. 11.

TMDL implementation plan.

"TMDL implementation plan" meansnew text begin:
new text end

new text begin (1)new text end a document detailing restoration activities needed to meet the approved TMDL's
pollutant load allocations for point and nonpoint sourcesdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2) one of the following that the commissioner of the Pollution Control Agency
determines to be, in whole or part, sufficient to meet applicable water quality standards:
new text end

new text begin (i) a comprehensive watershed management plan;
new text end

new text begin (ii) a comprehensive local water management plan; or
new text end

new text begin (iii) an existing statewide or regional strategy published by the Pollution Control Agency.
new text end

Sec. 51.

Minnesota Statutes 2016, section 114D.15, subdivision 13, is amended to read:


Subd. 13.

Watershed restoration and protection strategy or WRAPS.

"Watershed
restoration and protection strategy" or "WRAPS" means a document summarizing scientific
studies of a major watershed deleted text beginno larger thandeleted text endnew text begin at approximatelynew text end a hydrologic unit code 8new text begin scalenew text end
including the physical, chemical, and biological assessment of the water quality of the
watershed; identification of impairments and water bodies in need of protection; identification
of biotic stressors and sources of pollution, both point and nonpoint; TMDL's for the
impairments; and deleted text beginan implementation table containingdeleted text endnew text begin information to supportnew text end strategies deleted text beginand
actions
deleted text end designed to achieve and maintain water quality standards and goals.

Sec. 52.

Minnesota Statutes 2016, section 114D.20, subdivision 2, is amended to read:


Subd. 2.

Goals for implementation.

The following goals must guide the implementation
of this chapter:

(1) to identify impaired waters in accordance with federal TMDL requirements deleted text beginwithin
ten years after May 23, 2006,
deleted text end and deleted text beginthereafterdeleted text end to ensure continuing evaluation of surface
waters for impairments;

(2) to submit TMDL's to the United States Environmental Protection Agency deleted text beginfor all
impaired waters
deleted text end in a timely manner in accordance with federal TMDL requirements;

(3) to deleted text beginset a reasonable timedeleted text endnew text begin inform and support strategiesnew text end for implementing restoration
deleted text begin of each identified impaired waterdeleted text endnew text begin and protection activities in a reasonable time periodnew text end;

(4)new text begin to systematically evaluate waters,new text end to provide assistance and incentives to prevent
waters from becoming impairednew text begin,new text end and to improve the quality of waters that are listed as
impaired deleted text beginbut do not have an approved TMDL addressing the impairmentdeleted text end;

(5) to promptly seek the delisting of waters from the impaired waters list when those
waters are shown to achieve the designated uses applicable to the waters;

(6) to achieve compliance with federal Clean Water Act requirements in Minnesota;

(7) to support effective measures to prevent the degradation of groundwater according
to the groundwater degradation prevention goal under section 103H.001; and

(8) to support effective measures to restore degraded groundwater.

Sec. 53.

Minnesota Statutes 2016, section 114D.20, subdivision 3, is amended to read:


Subd. 3.

Implementation policies.

The following policies must guide the implementation
of this chapter:

(1) develop regional deleted text beginanddeleted text endnew text begin, multiple pollutant, ornew text end watershed TMDL's deleted text beginand TMDL
implementation plans, and TMDL's and TMDL implementation plans for multiple pollutants
deleted text endnew text begin
or WRAPSs
new text end, where reasonable and feasible;

(2) maximize use of available organizational, technical, and financial resources to perform
sampling, monitoring, and other activities to identify degraded groundwater and impaired
waters, including use of citizen monitoring and citizen monitoring data used by the Pollution
Control Agency in assessing water quality that meets the requirements deleted text beginin Appendix D of
the Volunteer Surface Water Monitoring Guide, Minnesota
deleted text end new text beginestablished by the commissioner
of the
new text endPollution Control Agency deleted text begin(2003)deleted text end;

(3) maximize opportunities for restoration of degraded groundwater and impaired waters,
by prioritizing and targeting of available programmatic, financial, and technical resources
and by providing additional state resources to complement and leverage available resources;

(4) use existing regulatory authorities to achieve restoration for point and nonpoint
sources of pollution where applicable, and promote the development and use of effective
nonregulatory measures to address pollution sources for which regulations are not applicable;

(5) use restoration methods that have a demonstrated effectiveness in reducing
impairments and provide the greatest long-term positive impact on water quality protection
and improvement and related conservation benefits while incorporating innovative approaches
on a case-by-case basis;

(6) identify for the legislature any innovative approaches that may strengthen or
complement existing programs;

(7) identify and encourage implementation of measures to prevent surface waters from
becoming impaired and to improve the quality of waters that are listed as impaired but have
no approved TMDL addressing the impairment using the best available data and technology,
and establish and report outcome-based performance measures that monitor the progress
and effectiveness of protection and restoration measures;

(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
amount up to 150 percent of the financial assistance received for failure to comply; and

(9) identify and encourage implementation of measures to prevent groundwater from
becoming degraded and measures that restore groundwater resources.

Sec. 54.

Minnesota Statutes 2016, section 114D.20, subdivision 5, is amended to read:


Subd. 5.

Priorities for preparingnew text begin WRAPSs ANDnew text end TMDL's.

new text beginIn consultation with new text endthe
Clean Water Council deleted text beginshall recommenddeleted text endnew text begin, the commissioner of the Pollution Control Agency
must coordinate with the commissioners of natural resources, health, and agriculture, the
Board of Water and Soil Resources, and, when applicable, the Minnesota Forest Resources
Council to establish
new text end priorities for scheduling and preparingnew text begin WRAPSs andnew text end TMDL's deleted text beginand
TMDL implementation plans, taking into account
deleted text endnew text begin, consideringnew text end the severitynew text begin and causesnew text end of
deleted text begin the impairmentdeleted text endnew text begin impairmentsnew text end, the designated uses of deleted text beginthosedeleted text endnew text begin thenew text end waters, deleted text beginand otherdeleted text end applicable
federal TMDL requirementsdeleted text begin. In recommending priorities, the council shall also give
Consideration to
deleted text endnew text begin, groundwater and high-qualitynew text end waters and deleted text beginwatershedsdeleted text endnew text begin watershed protection,
waters and watersheds with declining water quality trends, waters used as drinking water
sources, and waters and watersheds
new text end:

(1) with impairments that pose the greatest potential risk to human health;

(2) with impairments that pose the greatest potential risk to threatened or endangered
species;

(3) with impairments that pose the greatest potential risk to aquatic health;

(4) where other public agencies and participating organizations and individuals, especially
local, deleted text beginbasinwidedeleted text endnew text begin basin-widenew text end, watershed, or regional agencies or organizations, have
demonstrated readiness to assist in carrying out the responsibilities, including availability
and organization of human, technical, and financial resources necessary to undertake the
work; and

(5) where there is demonstrated coordination and cooperation among cities, counties,
watershed districts, and soil and water conservation districts in planning and implementation
of activities that will assist in carrying out the responsibilities.

Sec. 55.

Minnesota Statutes 2016, section 114D.20, subdivision 7, is amended to read:


Subd. 7.

Priorities for funding prevention actions.

The Clean Water Council shall
apply the priorities applicable under subdivision 6, as far as practicable, when recommending
priorities for funding actions to prevent groundwater and surface waters from becoming
degraded or impaired and to improve the quality of surface waters that are listed as impaired
deleted text begin but do not have an approved TMDLdeleted text end.

Sec. 56.

Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Alternatives; TMDL, TMDL implementation plan, or WRAPS. new text end

new text begin (a) If the
commissioner of the Pollution Control Agency determines that a comprehensive watershed
management plan or comprehensive local water management plan contains information that
is sufficient and consistent with guidance from the United States Environmental Protection
Agency, including the recommended structure for category 4b demonstrations or its
replacement under section 303(d) of the federal Clean Water Act, the commissioner may
submit the plan to the Environmental Protection Agency according to federal TMDL
requirements as an alternative to developing a TMDL.
new text end

new text begin (b) A TMDL implementation plan or a WRAPS, or portions thereof, are not needed for
waters or watersheds when the commissioner of the Pollution Control Agency determines
that a comprehensive watershed management plan, a comprehensive local water management
plan, or a statewide or regional strategy published by the Pollution Control Agency meets
the definition in section 114D.15, subdivision 11 or 13.
new text end

new text begin (c) The commissioner of the Pollution Control Agency may request that the Board of
Water and Soil Resources conduct an evaluation of the implementation efforts under a
comprehensive watershed management plan or comprehensive local water management
plan when the commissioner makes a determination under paragraph (b). The board must
conduct the evaluation in accordance with section 103B.102.
new text end

new text begin (d) The commissioner of the Pollution Control Agency may amend or revoke a
determination made under paragraph (a) or (b) after considering the evaluation conducted
under paragraph (c).
new text end

Sec. 57.

Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Coordinating municipal and local water quality activities. new text end

new text begin A project, practice,
or program for water quality improvement or protection that is conducted by a watershed
management organization or a local government unit with a comprehensive watershed
management plan or other water management plan approved according to chapter 103B,
103C, or 103D may be considered as contributing to the requirements of a storm water
pollution prevention plan (SWPPP) for a municipal separate storm sewer systems (MS4)
permit unless the project, practice, or program was previously documented as contributing
to a different SWPPP for an MS4 permit.
new text end

Sec. 58.

Minnesota Statutes 2016, section 114D.26, is amended to read:


114D.26 WATERSHED RESTORATION AND PROTECTION STRATEGIES.

Subdivision 1.

Contents.

new text begin(a) new text endThenew text begin commissioner of thenew text end Pollution Control Agency deleted text beginshalldeleted text endnew text begin
must
new text end develop watershed restoration and protection strategiesdeleted text begin. To ensure effectiveness and
accountability in meeting the goals of this chapter,
deleted text end new text beginfor:
new text end

new text begin (1) quantifying impairments and risks to water quality;
new text end

new text begin (2) describing the causes of impairments and pollution sources;
new text end

new text begin (3) consolidating TMDLs in a major watershed; and
new text end

new text begin (4) informing comprehensive local water management plans and comprehensive
watershed management plans.
new text end

new text begin (b) new text endEach WRAPS deleted text beginshalldeleted text endnew text begin mustnew text end:

(1) identify impaired waters and waters in need of protection;

(2) identify biotic stressors causing impairments or threats to water quality;

(3) summarize watershed modeling outputs and resulting pollution load allocationsdeleted text begin,deleted text endnew text begin andnew text end
wasteload allocationsdeleted text begin, and priority areas for targeting actions to improve water qualitydeleted text endnew text begin and
identify areas with high pollutant-loading rates
new text end;

(4) identify point sources of pollution for which a national pollutant discharge elimination
system permit is required under section 115.03;

(5) identify nonpoint sources of pollution for which a national pollutant discharge
elimination system permit is not required under section 115.03, with sufficient specificity
to deleted text beginprioritize and geographically locatedeleted text endnew text begin informnew text end watershed restoration and protection deleted text beginactionsdeleted text endnew text begin
strategies
new text end;

(6) describe the current pollution loading and load reduction needed for each source or
source category to meet water quality standards and goals, including wasteload and load
allocations from TMDL's;

(7) deleted text begincontain a plan for ongoingdeleted text endnew text begin identifynew text end water quality monitoringnew text begin needednew text end to fill data gaps,
determine changing conditions, deleted text beginanddeleted text endnew text begin ornew text end gauge implementation effectiveness; and

(8) contain deleted text beginan implementation table ofdeleted text end strategies deleted text beginand actionsdeleted text end that are capable of
cumulatively achieving needed pollution load reductions for point and nonpoint sources,
includingnew text begin identifyingnew text end:

(i) water quality parameters of concern;

(ii) current water quality conditions;

(iii) water quality goalsnew text begin, strategies,new text end and targets by parameter of concern;new text begin and
new text end

(iv) strategies deleted text beginand actions by parameter of concerndeleted text end and new text beginan example of new text endthe scale of
adoptions deleted text beginneeded for eachdeleted text endnew text begin with a timeline to meet the water quality restoration or protection
goals of this chapter
new text end;

deleted text begin (v) a timeline for achievement of water quality targets;
deleted text end

deleted text begin (vi) the governmental units with primary responsibility for implementing each watershed
restoration or protection strategy; and
deleted text end

deleted text begin (vii) a timeline and interim milestones for achievement of watershed restoration or
protection implementation actions within ten years of strategy adoption.
deleted text end

new text begin Subd. 1a. new text end

new text begin Coordination. new text end

new text begin To ensure effectiveness, efficiency, and accountability in
meeting the goals of this chapter, the commissioner of the Pollution Control Agency and
the Board of Water and Soil Resources must coordinate the schedule, budget, scope, and
use of a WRAPS and related documents and processes in consultation with local government
units and, when applicable, the Minnesota Forest Resources Council, in consideration of
section 114D.20, subdivision 8.
new text end

Subd. 2.

Reporting.

Beginning July 1, 2016, and every other year thereafter,new text begin the
commissioner of
new text end the Pollution Control Agency must report on deleted text beginitsdeleted text endnew text begin the agency'snew text end Web site the
progress toward implementation milestones and water quality goals deleted text beginfor all adopted TMDL's
and, where available, WRAPS's
deleted text end.

Subd. 3.

Timelines; administration.

deleted text beginEach year,deleted text endnew text begin (a) The commissioner ofnew text end the Pollution
Control Agency must complete deleted text beginWRAPS's for at least ten percent ofdeleted text endnew text begin watershed restoration
and protection strategies for
new text end the state's major watershedsdeleted text begin. WRAPS shall bedeleted text endnew text begin by June 30,
2023, unless the commissioner determines that a comprehensive watershed management
plan or comprehensive local water management plan, in whole or part, meets the definition
in section 114D.15, subdivision 11 or 13. As needed, the commissioner must update the
strategies, in whole or part, after consultation with the Board of Water and Soil Resources
and local government units.
new text end

new text begin (b) Watershed restoration and protection strategies arenew text end governed by the procedures for
approval and notice in section 114D.25, subdivisions 2 and 4, except that deleted text beginWRAPSdeleted text endnew text begin the
strategies
new text end need not be submitted to the United States Environmental Protection Agency.

Sec. 59.

Minnesota Statutes 2016, section 114D.35, subdivision 1, is amended to read:


Subdivision 1.

Public and stakeholder participation.

new text begin(a) new text endPublic agencies and private
entities involved in deleted text beginthe implementation ofdeleted text endnew text begin implementingnew text end this chapter deleted text beginshalldeleted text endnew text begin mustnew text end encourage
participation by the public and stakeholders, including local citizens, landowners deleted text beginanddeleted text endnew text begin, landnew text end
managers, and public and private organizationsdeleted text begin, in identifying impaired waters, in developing
TMDL's, in planning, priority setting, and implementing restoration of impaired waters, in
identifying degraded groundwater, and in protecting and restoring groundwater resources
deleted text end.

new text begin (b)new text end In particular,new text begin the commissioner ofnew text end the Pollution Control Agency deleted text beginshalldeleted text endnew text begin mustnew text end make
reasonable efforts to provide timely information to the public and to stakeholders about
impaired waters that have been identified by the agencydeleted text begin. The agency shall seek broad and
early public and stakeholder participation in scoping the activities necessary to develop a
TMDL, including the scientific models, methods, and approaches to be used in TMDL
development, and to implement restoration pursuant to section 114D.15, subdivision 7.
deleted text endnew text begin and
to inform and consult with the public and stakeholders in developing a WRAPS or TMDL.
new text end

new text begin (c) Public agencies and private entities involved in implementing restoration and
protection identified in a comprehensive watershed management plan or comprehensive
local water management plan must make efforts to inform, consult, and involve the public
and stakeholders.
new text end

new text begin (d) The commissioner of the Pollution Control Agency and the Board of Water and Soil
Resources must coordinate public and stakeholder participation in consultation with local
government units. To the extent practicable, implementation of this chapter must be
accomplished in cooperation with local, state, federal, and tribal governments and private
sector organizations.
new text end

Sec. 60.

Minnesota Statutes 2016, section 114D.35, subdivision 3, is amended to read:


Subd. 3.

Education.

The Clean Water Council shall develop strategies for informing,
educating, and encouraging the participation of citizens, stakeholders, and others regarding
deleted text begin the identification of impaired waters, development of TMDL's, development of TMDL
implementation plans, implementation of restoration for impaired waters, identification of
degraded groundwater, and protection and restoration of groundwater resources
deleted text endnew text begin this chapternew text end.
Public agencies deleted text beginshall bedeleted text endnew text begin arenew text end responsible for implementing the strategies.

Sec. 61.

Minnesota Statutes 2016, section 115.03, subdivision 5, is amended to read:


Subd. 5.

Agency authority; national pollutant discharge elimination system.

new text begin(a)
new text end Notwithstanding any other provisions prescribed in or pursuant to this chapter and, with
respect to the pollution of waters of the state, in chapter 116, or otherwise, the agency shall
have the authority to perform any and all acts minimally necessary including, but not limited
to, the establishment and application of standards, procedures, rules, orders, variances,
stipulation agreements, schedules of compliance, and permit conditions, consistent with
and, therefore not less stringent than the provisions of the Federal Water Pollution Control
Act, as amended, applicable to the participation by the state of Minnesota in the national
pollutant discharge elimination system (NPDES); provided that this provision shall not be
construed as a limitation on any powers or duties otherwise residing with the agency pursuant
to any provision of law.

new text begin (b) An activity that conveys or connects waters of the state without subjecting the
transferred water to intervening industrial, municipal, or commercial use does not require
a national pollutant discharge elimination system permit. This exemption does not apply to
pollutants introduced by the activity itself to the water being transferred.
new text end

Sec. 62.

Minnesota Statutes 2016, section 115.03, is amended by adding a subdivision to
read:


new text begin Subd. 5d. new text end

new text begin Sugar beet storage. new text end

new text begin The commissioner must not require a beet sugar company
that has a current national pollutant discharge elimination permit or state disposal system
permit to install engineered liners for remote sugar beet storage site stormwater runoff ponds
unless a risk assessment confirms there is significant impact on groundwater and that an
engineered liner is necessary to prevent, control, or abate water pollution. For purposes of
this subdivision, "sugar beet storage site" means an area where sugar beets are temporarily
stored prior to delivery to a sugar beet processing facility that is not located on land adjacent
to the processing facility.
new text end

Sec. 63.

Minnesota Statutes 2016, section 115.035, is amended to read:


115.035 EXTERNAL PEER REVIEW OF WATER QUALITY STANDARDS.

(a) deleted text beginWhen the commissioner convenes an external peer review panel during the
promulgation or amendment of water quality standards, the commissioner must provide
notice and take public comment on the charge questions for the external peer review panel
and must allow written and oral public comment as part of the external peer review panel
process.
deleted text endnew text begin Every new or revised numeric water quality standard must be supported by a
technical support document that provides the scientific basis for the proposed standard and
that has undergone external, scientific peer review. Numeric water quality standards in
which the agency is adopting, without change, a United States Environmental Protection
Agency criterion that has been through peer review are not subject to this paragraph.
new text end
Documentation of the external peer review panel, including the name or names of the peer
reviewer or reviewers, must be included in the statement of need and reasonableness for
the water quality standard. deleted text beginIf the commissioner does not convene an external peer review
panel during the promulgation or amendment of water quality standards, the commissioner
must state the reason an external peer review panel will not be convened in the statement
of need and reasonableness.
deleted text end

new text begin (b) Every technical support document developed by the agency must be released in draft
form for public comment before peer review and before finalizing the technical support
document.
new text end

new text begin (c) The commissioner must provide public notice and information about the external
peer review through the request for comments published at the beginning of the rulemaking
process for the numeric water quality standard, and:
new text end

new text begin (1) the request for comments must identify the draft technical support document and
where the document can be found;
new text end

new text begin (2) the request for comments must include a proposed charge for the external peer review
and request comments on the charge;
new text end

new text begin (3) all comments received during the public comment period must be made available to
the external peer reviewers; and
new text end

new text begin (4) if the agency is not soliciting external peer review because the agency is adopting a
United States Environmental Protection Agency criterion without change, that must be
noted in the request for comments.
new text end

new text begin (d) The purpose of the external peer review is to evaluate whether the technical support
document and proposed standard are based on sound scientific knowledge, methods, and
practices. The external peer review must be conducted according to the guidance in the
most recent edition of the United States Environmental Protection Agency's Peer Review
Handbook. Peer reviewers must not have participated in developing the scientific basis of
the standard. Peer reviewers must disclose any activities or circumstances that could pose
a conflict of interest or create an appearance of a loss of impartiality that could interfere
with an objective review.
new text end

new text begin (e) The type of review and the number of peer reviewers depends on the nature of the
science underlying the standard. When the agency is developing significant new science or
science that expands significantly beyond current documented scientific practices or
principles, a panel review must be used.
new text end

new text begin (f) In response to the findings of the external peer review, the draft technical support
document must be revised as appropriate. The findings of the external peer review must be
documented and attached to the final technical support document, which must be an exhibit
as part of the statement of need and reasonableness in the rulemaking to adopt the new or
revised numeric water quality standard. The final technical support document must note
changes made in response to the external peer review.
new text end

deleted text begin (b)deleted text endnew text begin (g)new text end By December 15 each year, the commissioner shall post on the agency's Web
site a report identifying the water quality standards development work in progress or
completed in the past year, the lead agency scientist for each development effort, and
opportunities for public input.

Sec. 64.

new text begin [115.455] EFFLUENT LIMITATIONS; COMPLIANCE.
new text end

new text begin To the extent allowable under federal law, for a municipality that constructs a publicly
owned treatment works facility or for an industrial national pollutant discharge elimination
system and state disposal system permit holder that constructs a treatment works facility to
comply with a new or modified effluent limitation, compliance with any new or modified
effluent limitation adopted after construction begins that would require additional capital
investment is required no sooner than 16 years after the date the facility begins operating.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 65.

Minnesota Statutes 2016, section 115A.51, is amended to read:


115A.51 APPLICATION REQUIREMENTS.

new text begin (a) new text endApplications for assistance under the program deleted text beginshalldeleted text endnew text begin mustnew text end demonstrate:

deleted text begin (a)deleted text endnew text begin (1)new text end that the project is conceptually and technically feasible;

deleted text begin (b)deleted text endnew text begin (2)new text end that affected political subdivisions are committed to implement the project, to
provide necessary local financing, and to accept and exercise the government powers
necessary to the project;

deleted text begin (c)deleted text endnew text begin (3)new text end that operating revenues from the project, considering the availability and security
of sources of solid waste and of markets for recovered resources, together with any proposed
federal, state, or local financial assistance, will be sufficient to pay all costs over the projected
life of the project;

deleted text begin (d)deleted text endnew text begin (4)new text end that the applicant has evaluated the feasible and prudent alternatives to disposalnew text begin,
including the use of existing solid waste management facilities with reasonably available
capacity sufficient to accomplish the goals of the proposed project
new text end and has compared and
evaluated the costs of the alternatives, including capital and operating costs, and the effects
of the alternatives on the cost to generatorsdeleted text begin.deleted text endnew text begin;
new text end

new text begin (5) that the applicant has identified: (i) waste management objectives in applicable county
and regional solid waste management plans consistent with sections 115A.46, subdivision
2, paragraphs (e) and (f), or 473.149, subdivision 1; and (ii) other solid waste facilities
identified in the county and regional plans; and
new text end

new text begin (6) that the applicant has conducted a comparative analysis of the project against existing
public and private solid waste facilities, including an analysis of potential displacement of
those facilities to determine whether the project is the most appropriate alternative to achieve
the identified waste management objectives that considers:
new text end

new text begin (i) conformity with approved county or regional solid waste management plans;
new text end

new text begin (ii) consistency with the state's solid waste hierarchy and section 115A.46, subdivision
2, paragraphs (e) and (f), or 473.149, subdivision 1; and
new text end

new text begin (iii) environmental standards related to public health, air, surface water, and groundwater.
new text end

new text begin (b)new text end The commissioner may require completion of a comprehensive solid waste
management plan conforming to the requirements of section 115A.46, before accepting an
application.new text begin Within five days of filing an application with the agency, the applicant must
submit a copy of the application to each solid waste management facility mentioned in the
portion of the application addressing the requirements of paragraph (a), clauses (5) and (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 66.

Minnesota Statutes 2016, section 115A.94, subdivision 2, is amended to read:


Subd. 2.

Local authority.

A city or town may organize collection, after public notification
and hearing as required in subdivisions 4a to deleted text begin4ddeleted text endnew text begin 4fnew text end. A county may organize collection as
provided in subdivision 5. A city or town that has organized collection as of May 1, 2013,
is exempt from subdivisions 4a to deleted text begin4ddeleted text endnew text begin 4fnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under section 115A.94, subdivision 2, on or after that date.
new text end

Sec. 67.

Minnesota Statutes 2016, section 115A.94, subdivision 4a, is amended to read:


Subd. 4a.

Committee establishment.

(a) Before implementing an ordinance, franchise,
license, contract, or other means of organizing collection, a city or town, by resolution of
the governing body, must establish deleted text beginan organizeddeleted text end new text begina solid waste new text endcollection options committee
to identify, examine, and evaluate various methods of deleted text beginorganizeddeleted text endnew text begin solid wastenew text end collection. The
governing body shall appoint the committee members.

(b) The deleted text beginorganizeddeleted text endnew text begin solid wastenew text end collection options committee is subject to chapter 13D.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 68.

Minnesota Statutes 2016, section 115A.94, subdivision 4b, is amended to read:


Subd. 4b.

Committee duties.

The committee established under subdivision 4a shall:

(1) determine which methods of deleted text beginorganizeddeleted text endnew text begin solid wastenew text end collection to examine, which
must include:

new text begin (i) the existing system of collection;
new text end

deleted text begin (i)deleted text endnew text begin (ii)new text end a system in which a single collector collects solid waste from all sections of a
city or town; and

deleted text begin (ii)deleted text endnew text begin (iii)new text end a system in which multiple collectors, either singly or as members of an
organization of collectors, collect solid waste from different sections of a city or town;

(2) establish a list of criteria on which the deleted text beginorganizeddeleted text endnew text begin solid wastenew text end collection methods
selected for examination will be evaluated, which may include: costs to residential
subscribers, new text beginimpacts on residential subscribers' ability to choose a provider of solid waste
service based on the desired level of service, costs and other factors, the impact of
new text endmiles
driven deleted text beginby collection vehiclesdeleted text end on city streets and alleysnew text begin and the incremental impact of miles
driven by collection vehicles
new text end, initial and operating costs to the city of implementing the
deleted text begin organizeddeleted text endnew text begin solid wastenew text end collection system, providing incentives for waste reduction, impacts
on solid waste collectors, and other physical, economic, fiscal, social, environmental, and
aesthetic impacts;

(3) collect information regarding the operation and efficacy of existing methods of
deleted text begin organizeddeleted text endnew text begin solid wastenew text end collection in other cities and towns;

(4) seek input from, at a minimum:

(i) the governing body of the city or town;

(ii) the local official of the city or town responsible for solid waste issues;

(iii) persons currently licensed to operate solid waste collection and recycling services
in the city or town; and

(iv) residents of the city or town who currently pay for residential solid waste collection
services; and

(5) issue a report on the committee's research, findings, and any recommendations to
the governing body of the city or town.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 69.

Minnesota Statutes 2016, section 115A.94, subdivision 4c, is amended to read:


Subd. 4c.

Governing body; implementation.

The governing body of the city or town
shall consider the report and recommendations of the deleted text beginorganizeddeleted text endnew text begin solid wastenew text end collection
options committee. The governing body must provide public notice and hold at least one
public hearing before deciding whether to implement organized collection. Organized
collection may begin no sooner than six months after the effective date of the decision of
the governing body of the city or town to implement organized collection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 70.

Minnesota Statutes 2016, section 115A.94, subdivision 4d, is amended to read:


Subd. 4d.

Participating collectors proposal requirement.

deleted text beginPrior todeleted text endnew text begin Beforenew text end establishing
a committee under subdivision 4a to consider organizing residential solid waste collection,
a city or town with more than one licensed collector must notify the public and all licensed
collectors in the community. The city or town must provide a deleted text begin60-daydeleted text end period new text beginof at least 60
days
new text endin which meetings and negotiations shall occur exclusively between licensed collectors
and the city or town to develop a proposal in which interested licensed collectors, as members
of an organization of collectors, collect solid waste from designated sections of the city or
town. The proposal shall include identified city or town priorities, including issues related
to zone creation, traffic, safety, environmental performance, service provided, and price,
and shall reflect existing haulers maintaining their respective market share of business as
determined by each hauler's average customer count during the six months prior to the
commencement of the deleted text begin60-daydeleted text endnew text begin exclusivenew text end negotiation period. If an existing hauler opts to be
excluded from the proposal, the city may allocate their customers proportionally based on
market share to the participating collectors who choose to negotiate. The initial organized
collection agreement executed under this subdivision must be for deleted text begina period of three todeleted text end seven
years. Upon execution of an agreement between the participating licensed collectors and
city or town, the city or town shall establish organized collection through appropriate local
controls and is not required to fulfill the requirements of subdivisions 4a, 4b, and 4c, except
that the governing body must provide the public notification and hearing required under
subdivision 4c.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 71.

Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision
to read:


new text begin Subd. 4e. new text end

new text begin Parties to meet and confer. new text end

new text begin Before the exclusive meetings and negotiations
under subdivision 4d, participating licensed collectors and elected officials of the city or
town must meet and confer regarding waste collection issues, including but not limited to
road deterioration, public safety, pricing mechanisms, and contractual considerations unique
to organized collection.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 72.

Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision
to read:


new text begin Subd. 4f. new text end

new text begin Joint liability limited. new text end

new text begin Notwithstanding section 604.02, an organized collection
agreement must not obligate a participating licensed collector for damages to third parties
solely caused by another participating licensed collector. The organized collection agreement
may include joint obligations for actions that are undertaken by all the participating licensed
collectors under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 73.

Minnesota Statutes 2016, section 115A.94, subdivision 5, is amended to read:


Subd. 5.

County organized collection.

(a) A county may by ordinance require cities
and towns within the county to organize collection. Organized collection ordinances of
counties may:

(1) require cities and towns to require the separation and separate collection of recyclable
materials;

(2) specify the material to be separated; and

(3) require cities and towns to meet any performance standards for source separation
that are contained in the county solid waste plan.

(b) A county may itself organize collection under subdivisions 4a to deleted text begin4ddeleted text endnew text begin 4fnew text end in any city
or town that does not comply with a county organized collection ordinance adopted under
this subdivision, and the county may implement, as part of its organized collection, the
source separation program and performance standards required by its organized collection
ordinance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end

Sec. 74.

new text begin [115B.172] NATURAL RESOURCES DAMAGES ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The natural resources damages account is established as
an account in the remediation fund.
new text end

new text begin Subd. 2. new text end

new text begin Revenues. new text end

new text begin The account consists of money from the following sources:
new text end

new text begin (1) revenues from actions taken by the attorney general on behalf of the commissioner
of the Pollution Control Agency and commissioner of natural resources under section
115B.17, subdivisions 6 and 7, unless otherwise specified by the attorney general or
settlement agreement;
new text end

new text begin (2) appropriations and transfers to the account as provided by law;
new text end

new text begin (3) interest earned on the account; and
new text end

new text begin (4) money received by the commissioner of the Pollution Control Agency or the
commissioner of natural resources for deposit in the account in the form of a gift or a grant.
new text end

new text begin Subd. 3. new text end

new text begin Expenditures. new text end

new text begin (a) Money in the account is appropriated to the commissioner
of natural resources for the purposes authorized in section 115B.20, subdivision 2, clause
(4).
new text end

new text begin (b) The commissioner of management and budget must allocate the amounts available
in any biennium to the commissioner of natural resources for the purposes of this section
based upon work plans submitted by the commissioner of natural resources and may adjust
those allocations upon submittal of revised work plans. Copies of the work plans must be
submitted to the chairs of the house of representatives and senate committees and divisions
having jurisdiction over environment and natural resources finance.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By November 1 each year, the commissioner of natural resources must
submit a report to the chairs and ranking minority members of the house of representatives
and senate committees and divisions with jurisdiction over environment and natural resources
policy and finance on expenditures from the natural resources damages account during the
previous fiscal year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 75.

new text begin [115B.52] WATER QUALITY AND SUSTAINABILITY ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 115B.53, the
following terms have the meanings given.
new text end

new text begin (b) "East metropolitan area" includes but is not limited to the cities of Woodbury,
Oakdale, Lake Elmo, Cottage Grove, St. Paul Park, Afton, and Newport and the townships
of West Lakeland and Grey Cloud Island.
new text end

new text begin (c) "Settlement" means the agreement and order entered on February 20, 2018, settling
litigation commenced by the state against the 3M Company under section 115B.17,
subdivision 7.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The water quality and sustainability account is established as
an account in the remediation fund. The account consists of revenue deposited in the account
under the terms of the settlement and earnings on the investment of money in the account.
Money in the account may be invested through the State Board of Investment.
new text end

new text begin Subd. 3. new text end

new text begin Expenditures. new text end

new text begin Money in the account is appropriated to the commissioner of
the Pollution Control Agency and to the commissioner of natural resources for the purposes
authorized under the settlement.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin The commissioner of the Pollution Control Agency and the
commissioner of natural resources must jointly submit:
new text end

new text begin (1) by April 1, 2019, an implementation plan detailing how the commissioners will:
new text end

new text begin (i) determine how the priorities in the settlement will be met and how the spending will
move from the first priority to the second priority and the second priority to the third priority
outlined in the settlement; and
new text end

new text begin (ii) evaluate and determine what projects receive funding;
new text end

new text begin (2) by February 1 and August 1 each year, a biannual report to the chairs and ranking
minority members of the legislative policy and finance committees with jurisdiction over
environment and natural resources on expenditures from the water quality and sustainability
account during the previous six months; and
new text end

new text begin (3) by August 1, 2019, and each year thereafter, a report to the legislature on expenditures
from the water quality and sustainability account during the previous fiscal year and a
spending plan for anticipated expenditures from the account during the current fiscal year.
new text end

new text begin Subd. 5. new text end

new text begin Local approval. new text end

new text begin The commissioner of the Pollution Control Agency or
commissioner of natural resources must receive approval from the local unit of government
before assuming control or otherwise operating an existing municipal water supply operation
in the east metropolitan area.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 76.

new text begin [115B.53] WATER QUALITY AND SUSTAINABILITY STAKEHOLDERS.
new text end

new text begin The commissioner of the Pollution Control Agency and the commissioner of natural
resources must work with stakeholders to identify and recommend projects to receive funding
from the water quality and sustainability account under the settlement. Stakeholders include,
at a minimum, representatives of the agency, the Department of Natural Resources, east
metropolitan area municipalities, and the 3M Company. The commissioners must establish
a process to solicit and evaluate the recommendations from municipalities in the east
metropolitan area as defined in section 115B.52.
new text end

Sec. 77.

Minnesota Statutes 2017 Supplement, section 116.0714, is amended to read:


116.0714 NEW OPEN-AIR SWINE BASINS.

new text begin (a) new text endThe commissioner of the Pollution Control Agency or a county board shall not
approve any permits for the construction of new open-air swine basins, except that existing
facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste
treatment program for resolving pollution problems or to allow conversion of an existing
basin of less than 1,000,000 gallons to a different animal type, provided all standards are
met. This section expires June 30, 2022.

new text begin (b) This section does not apply to basins used solely for wastewater from truck-washing
facilities.
new text end

Sec. 78.

Minnesota Statutes 2016, section 116.155, subdivision 1, is amended to read:


Subdivision 1.

Creation.

The remediation fund is created as a special revenue fund in
the state treasury to provide a reliable source of public money for response and corrective
actions to address releases of hazardous substances, pollutants or contaminants, agricultural
chemicals, and petroleum, and for environmental response actions at qualified landfill
facilities for which the agency has assumed such responsibility, including perpetual care of
such facilities. The specific purposes for which the general portion of the fund may be spent
are provided in subdivision 2. In addition to the general portion of the fund, the fund contains
deleted text begin twodeleted text endnew text begin fournew text end accounts described in subdivisions 4 deleted text beginand 5deleted text endnew text begin to 5bnew text end.

Sec. 79.

Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Water quality and sustainability account. new text end

new text begin The water quality and sustainability
account is as described in section 115B.52.
new text end

Sec. 80.

Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision
to read:


new text begin Subd. 5b. new text end

new text begin Natural resources damages account. new text end

new text begin The natural resources damages account
is as described in section 115B.172.
new text end

Sec. 81.

Minnesota Statutes 2016, section 116.993, subdivision 2, is amended to read:


Subd. 2.

Eligible borrower.

To be eligible for a loan under this section, a borrower
must:

(1) be a small business corporation, sole proprietorship, partnership, or association;

(2) be a potential emitter of pollutants to the air, ground, or water;

(3) need capital for equipment purchases that will meet or exceed environmental
regulations or need capital for site investigation and cleanup;

(4) have deleted text beginlessdeleted text endnew text begin fewernew text end than deleted text begin50deleted text endnew text begin 100new text end full-time new text beginequivalent new text endemployees;new text begin and
new text end

(5) have an deleted text beginafter taxdeleted text endnew text begin after-taxnew text end profit of less than $500,000deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (6) have a net worth of less than $1,000,000.
deleted text end

Sec. 82.

Minnesota Statutes 2016, section 116.993, subdivision 6, is amended to read:


Subd. 6.

Loan conditions.

A loan made under this section must include:

(1) an interest rate that is deleted text beginfour percent ordeleted text endnew text begin at or belownew text end one-half the prime rate, deleted text beginwhichever
is greater
deleted text endnew text begin not to exceed five percentnew text end;

(2) a term of payment of not more than seven years; and

(3) an amount not less than $1,000 or exceeding deleted text begin$50,000deleted text endnew text begin $75,000new text end.

Sec. 83.

Minnesota Statutes 2016, section 180.03, subdivision 2, is amended to read:


Subd. 2.

Fences.

Every person, firm, or corporation that is or has been engaged in the
business of mining or removing iron ore, taconite, semitaconite or other minerals except
sand, crushed rock, and gravel shall erect and maintain, as a minimum, a three strand wire
fence along the outside perimeter of the excavation, open pit, or shaft of any mine in which
mining operations have ceased for a period of six consecutive months or longer. Based upon
local site conditions that may exist at shafts, caves, or open pits, the county mine inspector
may require more secure fencing such as barbed wire or mesh fence, or may require barriers,
appropriate signs, or any combination of the above, to reduce the possibility of accidental
falls. The county mine inspector may grant exemptions under subdivision 4. Where mining
operations have ceased and not resumed, the fence, barrier, signs, or combination of themnew text begin
required by this section
new text end shall be erected within two years from the date when the county
mine inspector directs the erection of fences, barriers, signs, or combination of them.

Sec. 84.

Minnesota Statutes 2016, section 180.03, subdivision 3, is amended to read:


Subd. 3.

Abandoned mines.

new text beginExcept as described in subdivision 4, new text endwhen a mine is idle
or abandoned it is the duty of the inspector of mines to notify the person, firm, or corporation
that is or has been engaged in the business of mining to erect and maintain around all the
shafts, caves, and open pits of such mines a fence, barrier, appropriate signs, or combination
of them, suitable to warn of the presence of shafts, caves, or open pits and reduce the
possibility of accidentally falling into these shafts, caves, or open pits. If the mine has been
idled or abandoned, or if the person, firm, or corporation that has been engaged in the
business of mining no longer exists, the fee owner shall erectnew text begin and maintainnew text end the fence, barrier,
or signs required by this section. If the fee owner fails to act, the county in which the mining
operation is located may, in addition to any other remedies available, abate the nuisance by
erectingnew text begin or maintainingnew text end the fence, barrier, or signs and assessing the costs and related
expenses pursuant to section 429.101.

Sec. 85.

Minnesota Statutes 2016, section 180.03, subdivision 4, is amended to read:


Subd. 4.

Exemptions.

new text begin (a) The portion of an excavation, cave, open or water-filled pit,
or shaft is exempt from the requirements of this section if:
new text end

new text begin (1) it is located on property owned, leased, or administered by the Office of the
Commissioner of Iron Range Resources and Rehabilitation;
new text end

new text begin (2) it is for the construction, operation, maintenance, or administration of:
new text end

new text begin (i) grants-in-aid trails as defined in section 85.018;
new text end

new text begin (ii) property owned or leased by a municipality, as defined in section 466.01, subdivision
1, that is intended or permitted to be used as a park, an open area for recreational purposes,
or for the provision of recreational services, including the creation of trails or paths without
artificial surfaces; or
new text end

new text begin (iii) recreational use, as defined in section 604A.21, subdivisions 5 and 6, provided the
use is administered by a municipality, as defined in section 466.01, subdivision 1;
new text end

new text begin (3) it is for economic development purposes under chapter 469; or
new text end

new text begin (4) new text endupon written applicationnew text begin by the property ownernew text end, the county mine inspector deleted text beginmay
exempt from the requirements of subdivision 2, any abandoned excavation, open pit, or
shaft which
deleted text end new text begindetermines that it new text endis provided with fencing, barriers, appropriate signs, or
combinations of them, in a manner that is reasonably similar to the standards in subdivision
2, or deleted text beginwhichdeleted text endnew text begin if,new text end in the inspector's judgmentnew text begin, itnew text end does not constitute a safety hazard.

new text begin (b) Where an exemption applies, there shall be, at a minimum, appropriate signs posted
by the recipient of the exemption consistent with section 97B.001, subdivision 4:
new text end

new text begin (1) at each location of public access to the mining area restricting access to designated
areas and warning of possible dangers due to the presence of excavations, shafts, caves, or
open or water-filled pits;
new text end

new text begin (2) prohibiting public access beyond the boundaries of the designated public access area;
and
new text end

new text begin (3) identifying those areas where the property on which public access is allowed abuts
private property.
new text end

new text begin (c) Where an exemption applies, to reduce the possibility of inadvertent access beyond
the boundaries of the designated public access area, any new fencing erected by the recipient
of the exemption in accordance with subdivision 2 or 3 shall be maintained by the recipient
of the exemption.
new text end

new text begin (d) Notwithstanding section 180.10, limited openings in preexisting fencing may be
created and maintained by the recipient of the exemption or its agent to provide public
access to the designated public access area.
new text end

new text begin (e) The county mine inspector has the authority to enter, examine, and inspect any and
all property exempted under this section at all reasonable times by day or by night, and, in
addition to enforcing the provisions of this chapter, may make recommendations regarding
the erection of fences, barriers, signs, or a combination of them.
new text end

Sec. 86.

Minnesota Statutes 2016, section 180.10, is amended to read:


180.10 REMOVAL OF FENCE; GUARD.

A worker, employee, or other person who opens, removes, or disturbs any fence, guard,
barrier, sign, or railnew text begin required by section 180.03new text end and fails to close or replace or have the same
closed or replaced again around or in front of any mine shaft, pit, chute, excavation, cave,
or land liable to cave, injure, or destroy, whether by accident, injury, or damage results,
either to the mine or those at work therein, or to any other person, shall be guilty of a
misdemeanor. A worker, employee, or other person who, in regard to any fence, guard,
barrier, sign, or rail, does any of the acts prohibited by section 609.52, commits theft of the
fence, guard, barrier, sign, or rail may be sentenced as provided in section 609.52.

Sec. 87.

Minnesota Statutes 2016, section 216G.01, subdivision 3, is amended to read:


Subd. 3.

Pipeline.

"Pipeline" means a pipeline new text beginowned or operated by a condemning
authority, as defined in section 117.025, subdivision 4,
new text endlocated in this state which is used
to transport natural or synthetic gas at a pressure of more than 90 pounds per square inch,
or to transport crude petroleum or petroleum fuels or oil or their derivatives, coal, anhydrous
ammonia or any mineral slurry to a distribution center or storage facility which is located
within or outside of this state. "Pipeline" does not include a pipeline owned or operated by
a natural gas public utility as defined in section 216B.02, subdivision 4.

Sec. 88.

new text begin [383A.606] DISCONTINUANCE OF RAMSEY SOIL AND WATER
CONSERVATION DISTRICT; TRANSFER OF DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Discontinuance. new text end

new text begin Notwithstanding section 103C.225, the Ramsey Soil
and Water Conservation District is discontinued effective July 1, 2018, and its duties and
authorities are transferred to the Ramsey County Board of Commissioners.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of duties and authorities. new text end

new text begin The Ramsey County Board of
Commissioners has the duties and authorities of a soil and water conservation district. All
contracts in effect on the date of the discontinuance of the district to which Ramsey Soil
and Water Conservation District is a party remain in force and effect for the period provided
in the contracts. The Ramsey County Board of Commissioners shall be substituted for the
Ramsey Soil and Water Conservation District as party to the contracts and succeed to the
district's rights and duties.
new text end

new text begin Subd. 3. new text end

new text begin Transfer of assets. new text end

new text begin The Ramsey Soil and Water Conservation District Board
of Supervisors shall transfer the assets of the district to the Ramsey County Board of
Commissioners. The Ramsey County Board of Commissioners shall use the transferred
assets for the purposes of implementing the transferred duties and authorities.
new text end

new text begin Subd. 4. new text end

new text begin Reestablishment. new text end

new text begin The Ramsey County Board of Commissioners may petition
the Minnesota Board of Water and Soil Resources to reestablish the Ramsey Soil and Water
Conservation District. Alternatively, the Minnesota Board of Water and Soil Resources
under its authority in section 103C.201, and after giving notice of corrective actions and
time to implement the corrective actions, may reestablish the Ramsey Soil and Water
Conservation District if it determines the goals established in section 103C.005 are not
being achieved. The Minnesota Board of Water and Soil Resources may reestablish the
Ramsey Soil and Water Conservation District under this subdivision without a referendum.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
Ramsey County and its chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 89.

Laws 2016, chapter 189, article 3, section 48, is amended to read:


Sec. 48. LAKE SERVICE PROVIDER FEASIBILITY REPORT.

The commissioner of natural resources shall report to the chairs of the house of
representatives and senate committees with jurisdiction over natural resources by January
15, deleted text begin2019deleted text endnew text begin 2020new text end, regarding the feasibility of expanding permitting to service providers as
described in Minnesota Statutes, section 84D.108, subdivision 2a, to other water bodies in
the state. The report must:

(1) include recommendations for state and local resources needed to implement the
program;

(2) assess local government inspection roles under Minnesota Statutes, section 84D.105,
subdivision 2
, paragraph (g); and

(3) assess whether mechanisms to ensure that water-related equipment placed back into
the same body of water from which it was removed can adequately protect other water
bodies.

Sec. 90.

Laws 2017, chapter 93, article 2, section 155, subdivision 5, is amended to read:


Subd. 5.

Sunset.

This section expires deleted text begintwodeleted text endnew text begin threenew text end years from the day following final
enactment.

Sec. 91.

Laws 2017, chapter 93, article 2, section 163, is amended to read:


Sec. 163. ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER
COUNTY.

Before July 1, deleted text begin2018deleted text endnew text begin 2019new text end, the commissioner of natural resources must not initiate a civil
action to obtain access to Island Lake FMHA Wildlife Management Area in Clearwater
County.

Sec. 92. new text beginRECREATIONAL TRAILS; ENVIRONMENTAL REVIEW;
RULEMAKING.
new text end

new text begin (a) The Environmental Quality Board must amend Minnesota Rules, chapter 4410, to
be consistent with this section, including amending Minnesota Rules, part 4410.4300, subpart
37, as follows:
new text end

new text begin (1) item A must be amended to read: "Constructing a trail at least 25 miles long on
forested or other naturally vegetated land for a recreational use unless exempted by part
4410.4600, subpart 14, item D.";
new text end

new text begin (2) item B must be amended to read: "Designating at least 25 miles of an existing trail
for a new motorized recreational use other than snowmobiling. When designating an existing
motorized trail or existing corridor in current legal use by motor vehicles, for a new motorized
recreational use, this designation must not contribute to the 25-mile threshold. When adding
a new recreational use or seasonal recreational use to an existing motorized recreational
trail if the treadway width is not expanded as a result of the added use, this addition must
not contribute to the 25-mile threshold."; and
new text end

new text begin (3) when applying items A and B, the rule must be amended to read: "In applying items
A and B, if a proposed trail will contain segments of newly constructed trail and segments
that will follow an existing trail but be designated for a new motorized use, an EAW must
be prepared if the sum of the total is at least 25-mile long."
new text end

new text begin (b) The board may use the good cause exemption rulemaking procedure under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
Statutes, section 14.388.
new text end

Sec. 93. new text beginWETLAND REPLACEMENT; FRAMEWORKS FOR IN-LIEU FEE
PROGRAM.
new text end

new text begin The Board of Water and Soil Resources, in cooperation with the United States Army
Corps of Engineers, may complete the planning frameworks and other program application
requirements necessary for federal approval of an in-lieu fee program, as authorized under
Minnesota Statutes, section 103G.2242, in the Red River basin and the greater than 80
percent area. The planning frameworks must contain a prioritization strategy for selecting
and implementing mitigation activities based on a watershed approach that includes
consideration of historic resource loss within watersheds and the extent to which mitigation
can address priority watershed needs. The board must consider the recommendations of the
report "Siting of Wetland Mitigation in Northeast Minnesota," dated March 7, 2014, and
implementation of Minnesota Statutes, section 103B.3355, paragraphs (e) and (f), in
developing proposed planning frameworks for applicable watersheds. When completing
the work and pursuing approval of an in-lieu fee program, the board must do so consistent
with the applicable requirements, stakeholder and agency review processes, and approval
time frames in Code of Federal Regulations, title 33, section 332. The board must submit
any completed planning frameworks to the chairs and ranking minority members of the
house of representatives and the senate committees and divisions with jurisdiction over
environment and natural resources upon receiving federal approval.
new text end

Sec. 94. new text beginTESTING FOR PRIVATE WELLS; EAST METROPOLITAN AREA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "East metropolitan area" means:
new text end

new text begin (1) the cities of Afton, Cottage Grove, Lake Elmo, Maplewood, Newport, Oakdale, St.
Paul Park, and Woodbury;
new text end

new text begin (2) the townships of Denmark, Grey Cloud Island, and West Lakeland; and
new text end

new text begin (3) other areas added by the commissioner that have a potential for significant
groundwater pollution from PFCs.
new text end

new text begin (c) "PFCs" means perfluorinated and polyfluorinated chemicals.
new text end

new text begin Subd. 2. new text end

new text begin Testing for private wells. new text end

new text begin To provide results of PFC groundwater monitoring
to the public, the commissioner of the Pollution Control Agency must develop a Web page
that may include, but is not limited to, the following:
new text end

new text begin (1) the process for private and public well PFC sampling in the east metropolitan area;
new text end

new text begin (2) an interactive map system that allows the public to view locations of the Department
of Health well advisories and areas projected to be sampled for PFCs; and
new text end

new text begin (3) how to contact the Pollution Control Agency or Department of Health staff to answer
questions on sampling of private wells.
new text end

new text begin Subd. 3. new text end

new text begin Test reporting. new text end

new text begin (a) By January 15 each year, the commissioner of the Pollution
Control Agency must report to each community in the east metropolitan area a summary
of the results of the testing for private wells in the community. The report must include
information on the number of wells tested and trends of PFC contamination in private wells
in the community. Reports to communities under this section must also be published on the
Pollution Control Agency's Web site.
new text end

new text begin (b) By January 15 each year, the commissioner of the Pollution Control Agency must
report to the legislature, as provided in Minnesota Statutes, section 3.195, on the testing for
private wells conducted in the east metropolitan area, including copies of the community
reports required in paragraph (a), the number of requests for well testing in each community,
and the total amount spent for testing private wells in each community.
new text end

Sec. 95. new text beginTEMPORARY ENFORCEMENT OF GROUNDWATER APPROPRIATION
PERMIT REQUIREMENTS.
new text end

new text begin (a) Until July 1, 2019, the commissioner of natural resources must not expend funds to
suspend or revoke a water appropriation permit, issue an order requiring a violation to be
corrected, assess monetary penalties, or otherwise take enforcement action against a water
appropriation permit holder if the suspension, revocation, order, penalty, or other enforcement
action is based solely on a violation of a permit requirement added to a groundwater
appropriation permit within the north and east metro groundwater management area as a
result of a court order issued in 2017.
new text end

new text begin (b) The commissioner of natural resources may continue to use all the authorities granted
to the commissioner under Minnesota Statutes, section 103G.287, to manage groundwater
resources within the north and east groundwater management area.
new text end

Sec. 96. new text beginGROUNDWATER MANAGEMENT AREA PERMIT REQUIREMENTS.
new text end

new text begin (a) Notwithstanding water appropriation permit requirements added by the commissioner
of natural resources as a result of a court order issued in 2017, a public water supplier located
in the seven-county metropolitan area within a designated groundwater management area:
new text end

new text begin (1) is not required to revise a water supply plan to include contingency plans to fully or
partially convert its water supplies to surface water;
new text end

new text begin (2) may prepare, enact, and enforce commercial or residential irrigation bans or alternative
measures that achieve similar water use reductions when notified by the commissioner of
natural resources that lake levels have fallen below court-ordered levels; and
new text end

new text begin (3) is not required to use per capita residential water use as a measure for purposes of
water use reduction goals, plans, and implementation and may submit water use plans and
reports that use a measure other than per capita residential water use.
new text end

new text begin (b) This section expires July 1, 2019.
new text end

Sec. 97. new text beginRULEMAKING; DISPOSAL FACILITY CERTIFICATES.
new text end

new text begin (a) The commissioner of the Pollution Control Agency must amend Minnesota Rules,
part 7048.1000, subpart 4, item D, to require six contact hours of required training to renew
a type IV disposal facility certificate, by April 30, 2019, or nine months after enactment of
this section, whichever is earlier.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 98. new text beginAPPLICATION OF STORM WATER RULES TO TOWNSHIPS.
new text end

new text begin Until the Pollution Control Agency amends rules for storm water, Minnesota Rules, part
7090.1010, subpart 1, item B, subitem (1), only applies to the portions of the city or township
that are designated as urbanized under Code of Federal Regulations, title 40, section 122.26
(a)(9)(i)(A), and other platted areas within that jurisdiction.
new text end

Sec. 99. new text beginFOREST INVENTORY RECOMMENDATIONS.
new text end

new text begin The Minnesota Forest Resources Council shall work in cooperation with the Interagency
Information Cooperative and the University of Minnesota Department of Forest Resources
to make recommendations for improving stand-level forest inventories. Recommendations
shall include the frequency and scope of forest inventory and design and technological
improvements and efficiencies that may be utilized in forest inventory data collection and
analysis. The recommendations shall address forest inventories of state- and
county-administered forest lands and other interested land managers. Recommendations
shall be reported to the house of representatives Environment and Natural Resources Policy
and Finance Committee, the senate Environment and Natural Resources Finance Committee,
and the senate Environment and Natural Resources Policy and Legacy Finance Committee
by February 1, 2019.
new text end

Sec. 100. new text beginLAKE WINONA MANAGEMENT; USING OFFSET, ADAPTIVE
PLANNING.
new text end

new text begin (a) To facilitate implementation of the Lake Winona total maximum daily load, the
Alexandria Lake Area Sanitary District may fund or perform lake management activities
in Lake Winona and in Lake Agnes. Lake management activities may include but are not
limited to carp removal and alum treatment. If the district agrees to fund or perform lake
management activities in Lake Winona and in Lake Agnes, the commissioner of the Pollution
Control Agency shall do one of the following unless the district chooses another path to
compliance that conforms to state and federal law, such as facility construction:
new text end

new text begin (1) approve an offset of the phosphorous loading proportional to the reduction achievable
through lake management activities in Lake Winona and Lake Agnes creditable to the
Alexandria Lake Area Sanitary District's wastewater treatment facility and issue or amend
the district's NPDES permit MN004738 to include the offset. The approved offset may be
related to the lake eutrophication response variable chlorophyll-a, but shall ensure the district
can achieve compliance with phosphorus effluent limits through wastewater optimization
techniques without performing capital upgrades to the wastewater treatment facility. The
lake management activities contemplated under paragraph (a) need not be completed before
the commissioner approves the offset and related discharge limits or issues the permit, but
the permit may include a schedule of compliance outlining the required lake management
activities and requiring that lake management activities in Lake Winona and Lake Agnes
begin immediately upon permit issuance. The approved offset and related permit language
must be consistent with Clean Water Act requirements and Minnesota Statutes, section
115.03, subdivision 10; or
new text end

new text begin (2) amend the district's NPDES permit MN004738 in a manner consistent with state and
federal law to include an integrated and adaptive lake management plan and to extend the
final compliance deadline for the final phosphorus concentration effluent limit related to
the site specific standard for Lake Winona contained in the district's permit until such time
that carp removal in Lake Winona can be completed and the lake can be reassessed. The
permit may include a schedule of compliance outlining the required lake management
activities and requiring that lake management activities in Lake Winona and Lake Agnes
begin immediately upon permit issuance.
new text end

new text begin (b) If the district agrees to fund or perform the lake management activities identified in
paragraph (a), the district may cooperate with the city of Alexandria in those efforts. The
district's responsibility for lake management activities in Lake Winona and Lake Agnes
terminates upon completion of the lake management activities identified in the schedule of
compliance contemplated under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of the
Alexandria Lake Area Sanitary District and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 101. new text beginMORATORIUM ON MUSKELLUNGE STOCKING IN OTTER TAIL
COUNTY.
new text end

new text begin (a) Until August 1, 2023, the commissioner of natural resources must not stock
muskellunge in waters wholly located in Otter Tail County. Any savings realized as a result
must be used for walleye stocking. This paragraph does not apply to lakes located wholly
within the boundaries of a state park.
new text end

new text begin (b) The commissioner of natural resources must convene a stakeholder group to examine
the effect of muskellunge on the environment, waters, and native fish of Otter Tail County.
The stakeholder group must include an Otter Tail County commissioner, a representative
of the Minnesota Chamber of Commerce, and a representative of an Otter Tail County lake
association. The stakeholder group must examine existing scientific research and must
determine whether additional research is necessary. If the stakeholder group determines
that muskellunge do not pose a threat to the environment, waters, or native fish of Otter
Tail County, the stakeholder group may recommend that the legislature repeal or adjust the
moratorium imposed under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the Otter Tail County Board
of Commissioners and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3, but not before July 1, 2018.
new text end

Sec. 102. new text beginNATURAL RESOURCES YOUTH SAFETY EDUCATION PROGRAMS
DELIVERY.
new text end

new text begin The commissioner of natural resources shall review and research options for delivering
online safety training programs for youth and adult students, including off-highway vehicles
and hunter education, that are maintained and delivered by the state that functions
independently from an outside contract vendor. By March 1, 2019, the commissioner shall
report to the chairs of the senate and house of representatives environment and natural
resources policy and finance committees on options identified under this section.
new text end

Sec. 103. new text beginNONPOINT PRIORITY FUNDING PLAN WORKGROUP.
new text end

new text begin The Board of Water and Soil Resources must convene a workgroup consisting of
representatives of state agencies, local governments, tribal governments, private and nonprofit
organizations, and others to review the nonpoint priority funding plan under Minnesota
Statutes, section 114D.50, subdivision 3a. By January 31, 2019, the board must submit a
report to the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over environment and natural resources that contains
recommendations to improve the effectiveness of nonpoint priority funding plans to meet
the requirements in Minnesota Statutes, section 114D.50, subdivision 3a, the purposes in
Minnesota Statutes, section 114D.50, subdivision 3, and the watershed and groundwater
restoration and protection goals of Minnesota Statutes, chapters 103B and 114D.
new text end

Sec. 104. new text beginCHRONIC WASTING DISEASE TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; membership. new text end

new text begin (a) The Chronic Wasting Disease Task Force
consists of 22 members appointed as follows:
new text end

new text begin (1) the chairs and ranking minority members of the senate committees with jurisdiction
over environment and natural resources policy and finance;
new text end

new text begin (2) the chair and ranking minority member of the house of representatives Environment
and Natural Resources Policy and Finance Committee and two additional members of that
committee selected by the chair of that committee, one from the majority party, and one
from the minority party;
new text end

new text begin (3) the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over agriculture policy and finance;
new text end

new text begin (4) a representative from the Department of Natural Resources, the Department of
Agriculture, and the Board of Animal Health; and
new text end

new text begin (5) a representative from the Minnesota Elk Breeders Association, Minnesota Deer
Farmers Association, and the Minnesota Deer Hunters Association.
new text end

new text begin (b) The appointing authorities must make their respective appointments no later than
July 15, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Chair; meetings. new text end

new text begin (a) The chair of the task force alternates each meeting between
the chair of the senate Environment and Natural Resources Policy Committee and the chair
of the house of representatives Environment and Natural Resources Policy and Finance
Committee. The senate chair shall chair the first meeting, which shall be no later than August
15, 2018.
new text end

new text begin (b) The task force shall meet upon the call of the chair.
new text end

new text begin Subd. 3. new text end

new text begin Administrative support. new text end

new text begin The Legislative Coordinating Commission shall
provide administrative support and meeting space for the task force.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The task force must study and provide recommendations on:
new text end

new text begin (1) whether and how recommendations included in the legislative auditor's Board of
Animal Health's Oversight of Deer and Elk Farms report should be implemented;
new text end

new text begin (2) methods to improve the coordination and effectiveness of the chronic wasting disease
prevention and response activities of government agencies and other stakeholders; and
new text end

new text begin (3) whether it is possible to develop a method for detecting the presence of the disease
in living cervids and what resources would be required to do so.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin No later than January 15, 2019, the task force shall submit a report to
the chairs of the house of representatives and senate committees with jurisdiction over
environment and natural resources finance containing the findings of the task force.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The task force expires 45 days after the report and recommendations
are delivered to the legislature or on June 30, 2019, whichever date is earlier.
new text end

Sec. 105. new text beginBOARD OF ANIMAL HEALTH TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; membership. new text end

new text begin (a) The Board of Animal Health Task Force
consists of 25 members appointed as follows:
new text end

new text begin (1) the chairs and ranking minority members of the senate committees with jurisdiction
over environment and natural resources policy and finance;
new text end

new text begin (2) the chair and ranking minority member of the house of representatives Environment
and Natural Resources Policy and Finance Committee and two additional members of that
committee selected by the chair of that committee, one from the majority party, and one
from the minority party;
new text end

new text begin (3) the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over agriculture policy and finance;
new text end

new text begin (4) the commissioner of agriculture, or the commissioner's designee; and
new text end

new text begin (5) a representative from the Minnesota Elk Breeders Association, the Minnesota Deer
Farmers Association, the Minnesota Deer Hunters Association, the Minnesota Pork Producers
Association, the Minnesota Cattlemen's Association, the Minnesota Farmer's Union, the
Minnesota Farm Bureau, and the Minnesota Turkey Growers Association.
new text end

new text begin (b) The appointing authorities must make their respective appointments no later than
July 15, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Chair; meetings. new text end

new text begin (a) The chair of the task force alternates each meeting between
the chair of the senate Environment and Natural Resources Policy Committee and the chair
of the house of representatives Environment and Natural Resources Policy and Finance
Committee. The senate chair shall chair the first meeting, which shall be no later than August
15, 2018.
new text end

new text begin (b) The task force shall meet upon the call of the chair.
new text end

new text begin Subd. 3. new text end

new text begin Administrative support. new text end

new text begin The Legislative Coordinating Commission shall
provide administrative support and meeting space for the task force.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The task force must study and provide recommendations related to:
new text end

new text begin (1) the overall effectiveness of the board's execution of its statutory duties, including its
duties to protect the health of Minnesota's domestic animals, manage domestic animal
diseases, and enforce domestic animal-related laws;
new text end

new text begin (2) whether the structure, membership, and duties of the board are optimally designed
to further the purposes for which the board was created and to serve the communities it is
designed to serve; and
new text end

new text begin (3) whether and how recommendations included in the legislative auditor's Board of
Animal Health's Oversight of Deer and Elk Farms report should be implemented.
new text end

new text begin Subd. 5. new text end

new text begin Duty to cooperate. new text end

new text begin Upon request, the Board of Animal Health shall provide
the task force with any information requested by the task force in connection with the
exercise of its duties. The Board of Animal Health may redact nonpublic information from
the information prior to providing information under this subdivision.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin No later than January 15, 2019, the task force shall submit a report to
the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over environment and natural resources finance containing
the findings of the task force.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires 45 days after the report and recommendations
are delivered to the legislature or on June 30, 2019, whichever date is earlier.
new text end

Sec. 106. new text begin1837 CEDED TERRITORY FISHERIES TECHNICAL COMMITTEE.
new text end

new text begin The commissioner of natural resources may request that the 1837 Ceded Territory
Fisheries Technical Committee invite at least two fish managers as designated by the
commissioner to attend all meetings of the committee.
new text end

Sec. 107. new text beginCARBON MONOXIDE EXPOSURE; FISH HOUSES AND ICE
SHELTERS; REPORT.
new text end

new text begin The commissioner of natural resources must work with fish house and ice shelter
manufacturers and other interested parties to identify best practices to reduce fish house
and ice shelter user exposure to carbon monoxide. The commissioner must increase outreach
efforts relating to the dangers of carbon monoxide exposure in fish houses and report
recommendations to the chairs of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources policy by January 15,
2019.
new text end

Sec. 108. new text beginHAYES LAKE STATE PARK RECOMMENDATIONS; REPORT.
new text end

new text begin The commissioner of natural resources, in cooperation with the Friends of Hayes Lake
State Park, Roseau County, and other interested parties must develop recommendations for
expanding access to and recreational opportunities within Hayes Lake State Park. The
commissioner must submit the report to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction over the
environment and natural resources by February 1, 2019.
new text end

Sec. 109. new text beginSNOWMOBILE TRAILS AND ENFORCEMENT ACCOUNT.
new text end

new text begin The commissioner of natural resources must work with the Minnesota United
Snowmobilers Association to develop a consensus agreement on the use of the money in
the snowmobile trails and enforcement account under Minnesota Statutes, section 84.83.
The commissioner of natural resources must submit a copy of a memorandum of
understanding outlining the agreement between the commissioner and the association to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over the environment and natural resources by
January 15, 2019.
new text end

Sec. 110. new text beginHILL-ANNEX MINE STATE PARK; MANAGEMENT AND OPERATION.
new text end

new text begin (a) The commissioner of natural resources must operate the Hill-Annex Mine State Park
for the purposes it was established through June 30, 2021. The commissioner must work
with the group established under Laws 2017, chapter 93, article 2, section 156, to review
park activities and the alternate operating model developed and identify options for
sustainable and viable operation of the park site. The commissioner must submit
recommendations to the chairs and ranking minority members of the house of representatives
and senate committees and divisions with jurisdiction over the environment and natural
resources by January 15, 2021.
new text end

new text begin (b) The commissioner of natural resources must work with the city of Calumet, other
neighboring cities and townships, and other local units of government to identify and
coordinate volunteers to supplement the Department of Natural Resources' park operations
to the extent allowable under state law and rules.
new text end

Sec. 111. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2017 Supplement, section 169A.07, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2016, section 169A.33, subdivision 1, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective August 1, 2018, and applies to crimes
committed on or after that date. Paragraph (b) is effective August 1, 2018, and applies to
offenses committed on or after that date.
new text end

ARTICLE 21

ACCELERATED BUFFER STRIP IMPLEMENTATION

Section 1.

Minnesota Statutes 2016, section 17.117, subdivision 1, is amended to read:


Subdivision 1.

Purpose.

The purpose of the agriculture best management practices loan
program is to provide low or no interest financing to farmers, agriculture supply businesses,
rural landowners, new text beginchapter 103E drainage authorities, new text endand water-quality cooperatives for the
implementation of agriculture and other best management practices that reduce environmental
pollution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 17.117, subdivision 4, is amended to read:


Subd. 4.

Definitions.

(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Agricultural and environmental revolving accounts" means accounts in the
agricultural fund, controlled by the commissioner, which hold funds available to the program.

(c) "Agriculture supply business" means a person, partnership, joint venture, corporation,
limited liability company, association, firm, public service company, or cooperative that
provides materials, equipment, or services to farmers or agriculture-related enterprises.

(d) "Allocation" means the funds awarded to an applicant for implementation of best
management practices through a competitive or noncompetitive application process.

(e) "Applicant" means a local unit of government eligible to participate in this program
that requests an allocation of funds as provided in subdivision 6b.

(f) "Best management practices" has the meaning given in sections 103F.711, subdivision
3
, and 103H.151, subdivision 2. Best management practices also means other practices,
techniques, and measures that have been demonstrated to the satisfaction of the
commissioner: (1) to prevent or reduce adverse environmental impacts by using the most
effective and practicable means of achieving environmental goals; or (2) to achieve drinking
water quality standards under chapter 103H or under Code of Federal Regulations, title 40,
parts 141 and 143, as amended.

(g) "Borrower" means a farmer, an agriculture supply business, deleted text beginordeleted text end a rural landownernew text begin, or
a chapter 103E drainage authority
new text end applying for a low-interest loan.

(h) "Commissioner" means the commissioner of agriculture, including when the
commissioner is acting in the capacity of chair of the Rural Finance Authority, or the designee
of the commissioner.

(i) "Committed project" means an eligible project scheduled to be implemented at a
future date:

(1) that has been approved and certified by the local government unit; and

(2) for which a local lender has obligated itself to offer a loan.

(j) "Comprehensive water management plan" means a state-approved and locally adopted
plan authorized under section 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or
103D.405.

(k) "Cost incurred" means expenses for implementation of a project accrued because
the borrower has agreed to purchase equipment or is obligated to pay for services or materials
already provided as a result of implementing an approved eligible project.

(l) "Farmer" means a person, partnership, joint venture, corporation, limited liability
company, association, firm, public service company, or cooperative that regularly participates
in physical labor or operations management of farming and files a Schedule F as part of
filing United States Internal Revenue Service Form 1040 or indicates farming as the primary
business activity under Schedule C, K, or S, or any other applicable report to the United
States Internal Revenue Service.

(m) "Lender agreement" means an agreement entered into between the commissioner
and a local lender which contains terms and conditions of participation in the program.

(n) "Local government unit" means a county, soil and water conservation district, or an
organization formed for the joint exercise of powers under section 471.59 with the authority
to participate in the program.

(o) "Local lender" means a local government unit as defined in paragraph (n), a state or
federally chartered bank, a savings association, a state or federal credit union, Agribank
and its affiliated organizations, or a nonprofit economic development organization or other
financial lending institution approved by the commissioner.

(p) "Local revolving loan account" means the account held by a local government unit
and a local lender into which principal repayments from borrowers are deposited and new
loans are issued in accordance with the requirements of the program and lender agreements.

(q) "Nonpoint source" has the meaning given in section 103F.711, subdivision 6.

(r) "Program" means the agriculture best management practices loan program in this
section.

(s) "Project" means one or more components or activities located within Minnesota that
are required by the local government unit to be implemented for satisfactory completion of
an eligible best management practice.

(t) "Rural landowner" means the owner of record of Minnesota real estate located in an
area determined by the local government unit to be rural after consideration of local land
use patterns, zoning regulations, jurisdictional boundaries, local community definitions,
historical uses, and other pertinent local factors.

(u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph (d),
except as expressly limited in this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 17.117, subdivision 11, is amended to read:


Subd. 11.

Loans issued to borrower.

(a) Local lenders may issue loans only for projects
that are approved and certified by the local government unit as meeting priority needs
identified in a comprehensive water management plan or other local planning documents,
are in compliance with accepted practices, standards, specifications, or criteria, and are
eligible for financing under Environmental Protection Agency or other applicable guidelines.

(b) The local lender may use any additional criteria considered necessary to determine
the eligibility of borrowers for loans.

(c) Local lenders shall set the terms and conditions of loans to borrowers, except that:

(1) no loan to a borrower may exceed $200,000;

(2) no loan for a project may exceed $200,000; and

(3) no borrower shall, at any time, have multiple loans from this program with a total
outstanding loan balance of more than $200,000.

new text begin Notwithstanding the limits in clauses (1) to (3), a chapter 103E drainage authority may
request a loan to finance projects implemented on behalf of multiple landowners and the
loan must not exceed an amount equal to the number of landowners represented in the
drainage system multiplied by the limit in clause (1).
new text end

(d) The maximum term length for projects in this paragraph is ten years.

(e) Fees charged at the time of closing must:

(1) be in compliance with normal and customary practices of the local lender;

(2) be in accordance with published fee schedules issued by the local lender;

(3) not be based on participation program; and

(4) be consistent with fees charged other similar types of loans offered by the local
lender.

(f) The interest rate assessed to an outstanding loan balance by the local lender must not
exceed three percent per year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2016, section 103E.021, subdivision 6, is amended to read:


Subd. 6.

Incremental deleted text beginimplementationdeleted text endnew text begin establishmentnew text end of vegetated ditch buffer strips
and side inlet controls.

(a) Notwithstanding other provisions of this chapter requiring
appointment of viewers and redetermination of benefits and damages, a drainage authority
may deleted text beginimplementdeleted text endnew text begin make findings and order the establishment ofnew text end permanent buffer strips of
perennial vegetation deleted text beginapproved by the drainage authoritydeleted text end or side inlet controls, or both,
adjacent to a public drainage ditch, where necessary to control erosion and sedimentation,
improve water quality, or maintain the efficiency of the drainage system. new text beginThe drainage
authority's finding that the establishment of permanent buffer strips of perennial vegetation
or side inlet controls is necessary to control erosion and sedimentation, improve water
quality, or maintain the efficiency of the drainage system is sufficient to confer jurisdiction
under this subdivision.
new text endPreference should be given to planting native species of a local
ecotype. The approved perennial vegetation shall not impede future maintenance of the
ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width measured
outward from the top edge of the existing constructed channel. Drainage system rights-of-way
for the acreage and additional property required for the permanent strips must be acquired
by the authority having jurisdiction.

(b) A project under this subdivision shall be implemented as a repair according to section
103E.705, except that the drainage authority may appoint an engineer to examine the drainage
system and prepare an engineer's repair report for the project.

(c) Damages shall be determined by the drainage authority, or viewers, appointed by
the drainage authority, according to section 103E.315, subdivision 8. A damages statement
shall be prepared, including an explanation of how the damages were determined for each
property affected by the project, and filed with the auditor or watershed district. Within 30
days after the damages statement is filed, the auditor or watershed district shall prepare
property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), (6),
(7), and (8), and mail a copy of the property owner's report and damages statement to each
owner of property affected by the proposed project.

(d) After a damages statement is filed, the drainage authority shall set a time, by order,
not more than 30 days after the date of the order, for a hearing on the project. At least ten
days before the hearing, the auditor or watershed district shall give notice by mail of the
time and location of the hearing to the owners of property and political subdivisions likely
to be affected by the project.

(e) The drainage authority shall make findings and order the repairs to be made if the
drainage authority determines from the evidence presented at the hearing and by the viewers
and engineer, if appointed, that the repairs are necessary for the drainage system and the
costs of the repairs are within the limitations of section 103E.705.

Sec. 5.

Minnesota Statutes 2016, section 103E.071, is amended to read:


103E.071 COUNTY ATTORNEY.

The county attorney shall represent the county in all drainage proceedings and related
matters without special compensationnew text begin, except as provided in section 388.09, subdivision 1new text end.
A county attorney, the county attorney's assistant, or any attorney associated with the county
attorney in business, may not otherwise appear in any drainage proceeding for any interested
person.

Sec. 6.

Minnesota Statutes 2016, section 103E.351, subdivision 1, is amended to read:


Subdivision 1.

Conditions to redetermine benefits and damages; appointment of
viewers.

If the drainage authority determines that the deleted text beginoriginaldeleted text end benefits or damages new text beginof record
new text end determined in a drainage proceeding do not reflect reasonable present day land values or
that the benefited or damaged areas have changed, or if more than 50 percent of the owners
of propertynew text begin, or more than 50 percent of the owners of propertynew text end benefited or damaged by a
drainage system petition for correction of an error that was made at the time of the
proceedings that established the drainage systemnew text begin or a redetermination of benefits and
damages
new text end, the drainage authority may appoint three viewers to redetermine and report the
benefits and damages and the benefited and damaged areas.

Sec. 7. new text beginPUBLIC DRAINAGE DITCH BUFFER STRIP; PLANTING AND
MAINTENANCE.
new text end

new text begin With the consent of the property owner where the drainage ditch buffer will be located,
a drainage authority, as defined in Minnesota Statutes, section 103E.005, subdivision 9,
may plant and maintain 16-1/2-foot ditch buffer strips that meet the width and vegetation
requirements of Minnesota Statutes, section 103E.021, before acquiring and compensating
for the buffer strip land rights according to Minnesota Statutes, chapter 103E. Planting and
maintenance costs may be paid in accordance with Minnesota Statutes, chapter 103E. This
section expires June 30, 2019.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 22

HIGHER EDUCATION

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to the appropriations
in Laws 2017, chapter 89, article 1, unless otherwise specified, to the agencies and for the
purposes specified in this article. The appropriations are from the general fund, or another
named fund, and are available for the fiscal years indicated for each purpose. The figures
"2018" and "2019" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. "The first
year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium" is fiscal
years 2018 and 2019.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginMINNESOTA OFFICE OF HIGHER
EDUCATION
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 500,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin State Grants
new text end

new text begin -0-
new text end
new text begin 300,000
new text end

new text begin This is a onetime appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Agricultural Educators Loan
Forgiveness
new text end

new text begin -0-
new text end
new text begin 100,000
new text end

new text begin For transfer to the agricultural education loan
forgiveness account in the special revenue
fund under Minnesota Statutes, section
136A.1794, subdivision 2. This is a onetime
appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Student Loan Debt Counseling
new text end

new text begin -0-
new text end
new text begin 50,000
new text end

new text begin For a student loan debt counseling grant under
Minnesota Statutes, section 136A.1705. This
is a onetime appropriation.
new text end

new text begin Subd. 5. new text end

new text begin Teacher Preparation Program Design
Grant
new text end

new text begin -0-
new text end
new text begin 50,000
new text end

new text begin For a teacher preparation program design grant
under section 43. This is a onetime
appropriation.
new text end

Sec. 3. new text beginBOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND
UNIVERSITIES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 3,500,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Operations and Maintenance
new text end

new text begin -0-
new text end
new text begin 3,500,000
new text end

new text begin (a) $500,000 is for renewal of workforce
development scholarships first awarded in
academic year 2018-2019 under Minnesota
Statutes, section 136F.38. This is a onetime
appropriation and is available until June 30,
2020.
new text end

new text begin (b) $3,000,000 is for campus support to be
allocated to campuses according to the fiscal
year 2019 framework. This is a onetime
appropriation.
new text end

Sec. 4.

Minnesota Statutes 2016, section 127A.70, subdivision 2, is amended to read:


Subd. 2.

Powers and duties; report.

(a) The partnership shall develop recommendations
to the governor and the legislature designed to maximize the achievement of all P-20 students
while promoting the efficient use of state resources, thereby helping the state realize the
maximum value for its investment. These recommendations may include, but are not limited
to, strategies, policies, or other actions focused on:

(1) improving the quality of and access to education at all points from preschool through
graduate education;

(2) improving preparation for, and transitions to, postsecondary education and work;

(3) ensuring educator quality by creating rigorous standards for teacher recruitment,
teacher preparation, induction and mentoring of beginning teachers, and continuous
professional development for career teachers; and

(4) realigning the governance and administrative structures of early education,
kindergarten through grade 12, and postsecondary systems in Minnesota.

(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal
Education Data System Governance Committee, the Office of Higher Education and the
Departments of Education and Employment and Economic Development shall improve and
expand the Statewide Longitudinal Education Data System (SLEDS) to provide policymakers,
education and workforce leaders, researchers, and members of the public with data, research,
and reports to:

(1) expand reporting on students' educational outcomes for diverse student populations
including at-risk students, children with disabilities, English learners, and gifted students,
among others, and include formative and summative evaluations based on multiple measures
of new text beginchild well-being, early childhood development, and new text endstudent progress toward career and
college readiness;

(2) evaluate the effectiveness of new text begin(i) investments in young children and families, and (ii)
new text end educational and workforce programs; and

(3) evaluate the relationship between new text begin(i) investments in young children and families,
and (ii)
new text endeducation and workforce outcomes, consistent with section 124D.49.

To the extent possible under federal and state law, research and reports should be
accessible to the public on the Internet, and disaggregated by demographic characteristics,
organization or organization characteristics, and geography.

It is the intent of the legislature that the Statewide Longitudinal Education Data System
inform public policy and decision-making. The SLEDS governance committee, with
assistance from staff of the Office of Higher Education, the Department of Education, and
the Department of Employment and Economic Development, shall respond to legislative
committee and agency requests on topics utilizing data made available through the Statewide
Longitudinal Education Data System as resources permit. Any analysis of or report on the
data must contain only summary data.

(c) By January 15 of each year, the partnership shall submit a report to the governor and
to the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over P-20 education policy and finance that summarizes the partnership's progress
in meeting its goals and identifies the need for any draft legislation when necessary to further
the goals of the partnership to maximize student achievement while promoting efficient use
of resources.

Sec. 5.

Minnesota Statutes 2016, section 135A.15, subdivision 2, is amended to read:


Subd. 2.

Victims' rights.

The policy required under subdivision 1 shall, at a minimum,
require that students and employees be informed of the policy, and shall include provisions
for:

(1) filing criminal charges with local law enforcement officials in sexual assault cases;

(2) the prompt assistance of campus authorities, at the request of the victim, in notifying
the appropriate law enforcement officials and disciplinary authorities of a sexual assault
incident;

(3) allowing sexual assault victims to decide whether to report a case to law enforcement;

(4) requiring campus authorities to treat sexual assault victims with dignity;

(5) requiring campus authorities to offer sexual assault victims fair and respectful health
care, counseling services, or referrals to such services;

(6) preventing campus authorities from suggesting to a victim of sexual assault that the
victim is at fault for the crimes or violations that occurred;

(7) preventing campus authorities from suggesting to a victim of sexual assault that the
victim should have acted in a different manner to avoid such a crime;

(8) subject to subdivision 10, protecting the privacy of sexual assault victims by only
disclosing data collected under this section to the victim, persons whose work assignments
reasonably require access, and, at a sexual assault victim's request, police conducting a
criminal investigation;

(9) an investigation and resolution of a sexual assault complaint by campus disciplinary
authorities;

(10) a sexual assault victim's participation in and the presence of the victim's attorney
or other support person who is not a fact witness to the sexual assault at any meeting with
campus officials concerning the victim's sexual assault complaint or campus disciplinary
proceeding concerning a sexual assault complaint;

(11) ensuring that a sexual assault victim may decide when to repeat a description of
the incident of sexual assault;

(12) notice to a sexual assault victim of the availability of a campus or local program
providing sexual assault advocacy servicesnew text begin and information on legal resourcesnew text end;

(13) notice to a sexual assault victim of the outcome of any campus disciplinary
proceeding concerning a sexual assault complaint, consistent with laws relating to data
practices;

(14) the complete and prompt assistance of campus authorities, at the direction of law
enforcement authorities, in obtaining, securing, and maintaining evidence in connection
with a sexual assault incident;

(15) the assistance of campus authorities in preserving for a sexual assault complainant
or victim materials relevant to a campus disciplinary proceeding;

(16) during and after the process of investigating a complaint and conducting a campus
disciplinary procedure, the assistance of campus personnel, in cooperation with the
appropriate law enforcement authorities, at a sexual assault victim's request, in shielding
the victim from unwanted contact with the alleged assailant, including transfer of the victim
to alternative classes or to alternative college-owned housing, if alternative classes or housing
are available and feasible;

(17) forbidding retaliation, and establishing a process for investigating complaints of
retaliation, against sexual assault victims by campus authorities, the accused, organizations
affiliated with the accused, other students, and other employees;

(18) at the request of the victim, providing students who reported sexual assaults to the
institution and subsequently choose to transfer to another postsecondary institution with
information about resources for victims of sexual assault at the institution to which the
victim is transferring; and

(19) consistent with laws governing access to student records, providing a student who
reported an incident of sexual assault with access to the student's description of the incident
as it was reported to the institution, including if that student transfers to another postsecondary
institution.

Sec. 6.

Minnesota Statutes 2016, section 135A.15, subdivision 6, is amended to read:


Subd. 6.

Data collection and reporting.

(a) Postsecondary institutions must annually
report statistics on sexual assault. This report must be prepared in addition to any federally
required reporting on campus security, including reports required by the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act, United States
Code, title 20, section 1092(f). The report must include, but not be limited to, the number
of incidents of sexual assault reported to the institution in the previous calendar year, as
follows:

(1) the number that were investigated by the institution;

(2) the number that were referred for a disciplinary proceeding at the institution;

(3) the number the victim chose to report to local or state law enforcement;

(4) the number for which a campus disciplinary proceeding is pending, but has not
reached a final resolution;

(5) the number in which the alleged perpetrator was found responsible by the disciplinary
proceeding at the institution;

(6) the number that resulted in any action by the institution greater than a warning issued
to the accused;

(7) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution;

(8) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution because the accused withdrew from the institution;

(9) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution because the victim chose not to participate in the procedure; and

(10) the number of reports made through the online reporting system established in
subdivision 5, excluding reports submitted anonymously.

(b) If an institution previously submitted a report indicating that one or more disciplinary
proceedings was pending, but had not reached a final resolution, and one or more of those
disciplinary proceedings reached a final resolution within the previous calendar year, that
institution must submit updated totals from the previous year that reflect the outcome of
the pending case or cases.

(c) The reports required by this subdivision must be submitted to the Office of Higher
Education by October 1 of each year. Each report must contain the data required under
paragraphs (a) and (b) from the previous calendar year.

(d) The commissioner of the Office of Higher Education shall calculate statewide numbers
for each data item reported by an institution under this subdivision. The statewide numbers
must include data from postsecondary institutions that the commissioner could not publish
due to federal laws governing access to student records.

(e) The Office of Higher Education shall publish on its Web site:

(1) the statewide data calculated under paragraph (d); and

(2) the data items required under paragraphs (a) and (b) for each postsecondary institution
in the state.

Each postsecondary institution shall publish on the institution's Web site the data items
required under paragraphs (a) and (b) for that institution.

(f) Reports and data required under this subdivision must be prepared and published as
summary data, as defined in section 13.02, subdivision 19, and must be consistent with
applicable law governing access to educational data. If an institution or the Office of Higher
Education does not publish data because of applicable law, the publication must explain
why data are not included.

new text begin (g) By October 1 of each year, the Board of Regents of the University of Minnesota
must submit a report to the chairs and ranking minority members of the legislative committees
with jurisdiction over higher education policy and finance. In addition to the data on sexual
assault incidents described in paragraph (a), the report must include equivalent data on
incidents of sexual harassment, as defined in the board's policy on sexual harassment. The
report is subject to the requirements of paragraph (f).
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 136A.1275, subdivision 2, is amended
to read:


Subd. 2.

Eligibility.

To be eligible for a grant under this section, a teacher candidate
must:

(1) be enrolled in a Professional Educator Licensing and Standards Board-approved
teacher preparation program that requires at least 12 weeks of student teaching in order to
be recommended for a full professional teaching license;

(2) demonstrate financial need based on criteria established by the commissioner under
subdivision 3;

(3) deleted text beginintend to teach in a shortage area or belong to an underrepresented racial or ethnic
group
deleted text endnew text begin be meeting satisfactory academic progress as defined under section 136A.101,
subdivision 10
new text end; and

(4) deleted text beginbe meeting satisfactory academic progress as defined under section 136A.101,
subdivision 10.
deleted text endnew text begin intend to teach in a shortage area or belong to an underrepresented racial
or ethnic group. Intent can be documented based on the teacher license field the student is
pursuing or a statement of intent to teach in an economic development region defined as a
shortage area in the year the student receives a grant.
new text end

Sec. 8.

Minnesota Statutes 2017 Supplement, section 136A.1275, subdivision 3, is amended
to read:


Subd. 3.

Administration; repayment.

(a) The commissioner must establish an
application process and other guidelines for implementing this programdeleted text begin, including repayment
responsibilities for stipend recipients who do not complete student teaching or who leave
Minnesota to teach in another state during the first year after student teaching
deleted text end.

(b) The commissioner must determine each academic year the stipend amount up to
$7,500 based on the amount of available funding, the number of eligible applicants, and the
financial need of the applicants.

(c) The percentage of the total award new text beginfunds available at the beginning of the fiscal year
new text end reserved for teacher candidates who identify as belonging to deleted text beginan underrepresenteddeleted text endnew text begin anew text end racial
or ethnic group new text beginunderrepresented in the Minnesota teacher workforce new text endmust be equal to or
greater than the total percentage of students of deleted text beginunderrepresenteddeleted text end racial or ethnic groups
new text begin underrepresented in the Minnesota teacher workforce new text endas measured under section 120B.35,
subdivision 3
. If this percentage cannot be met because of a lack of qualifying candidates,
the remaining amount may be awarded to teacher candidates who intend to teach in a shortage
area.

Sec. 9.

Minnesota Statutes 2016, section 136A.15, subdivision 8, is amended to read:


Subd. 8.

Eligible student.

"Eligible student" means a student who is officially registered
or accepted for enrollment at an eligible institution in Minnesota or a Minnesota resident
who is officially registered as a student or accepted for enrollment at an eligible institution
in another state deleted text beginor provincedeleted text end.new text begin Non-Minnesota residents are eligible students if they are enrolled
or accepted for enrollment in a minimum of one course of at least 30 days in length during
the academic year that requires physical attendance at an eligible institution located in
Minnesota. Non-Minnesota resident students enrolled exclusively during the academic year
in correspondence courses or courses offered over the Internet are not eligible students.
Non-Minnesota resident students not physically attending classes in Minnesota due to
enrollment in a study abroad program for 12 months or less are eligible students.
Non-Minnesota residents enrolled in study abroad programs exceeding 12 months are not
eligible students.
new text end An eligible student, for section 136A.1701, means a student who gives
informed consent authorizing the disclosure of data specified in section 136A.162, paragraph
(c)
, to a consumer credit reporting agency.

Sec. 10.

Minnesota Statutes 2016, section 136A.16, subdivision 1, is amended to read:


Subdivision 1.

Designation.

Notwithstanding chapter 16C, the office is designated as
the administrative agency for carrying out the purposes and terms of sections 136A.15 to
deleted text begin 136A.1702deleted text endnew text begin 136A.1704new text end. The office may establish one or more loan programs.

Sec. 11.

Minnesota Statutes 2016, section 136A.16, subdivision 2, is amended to read:


Subd. 2.

Rulesnew text begin, policies, and conditionsnew text end.

The office shall adopt policies and new text beginmay
new text end prescribe appropriate rules new text beginand conditions new text endto carry out the purposes of sections 136A.15 to
136A.1702. deleted text beginThe policies and rules except as they relate to loans under section 136A.1701
must be compatible with the provisions of the National Vocational Student Loan Insurance
Act of 1965 and the provisions of title IV of the Higher Education Act of 1965, and any
amendments thereof.
deleted text end

Sec. 12.

Minnesota Statutes 2016, section 136A.16, subdivision 5, is amended to read:


Subd. 5.

Agencies.

The office may contract with loan servicers, collection agencies,
credit bureaus, or any other person, to carry out the purposes of sections 136A.15 to
deleted text begin 136A.1702deleted text endnew text begin 136A.1704new text end.

Sec. 13.

Minnesota Statutes 2016, section 136A.16, subdivision 8, is amended to read:


Subd. 8.

Investment.

Money made available to the office that is not immediately needed
for the purposes of sections 136A.15 to deleted text begin136A.1702deleted text endnew text begin 136A.1704new text end may be invested by the
office. The money must be invested in bonds, certificates of indebtedness, and other fixed
income securities, except preferred stocks, which are legal investments for the permanent
school fund. The money may also be invested in prime quality commercial paper that is
eligible for investment in the state employees retirement fund. All interest and profits from
such investments inure to the benefit of the office or may be pledged for security of bonds
issued by the office or its predecessors.

Sec. 14.

Minnesota Statutes 2016, section 136A.16, subdivision 9, is amended to read:


Subd. 9.

Staff.

The office may employ the professional and clerical staff the commissioner
deems necessary for the proper administration of the loan programs established and defined
by sections 136A.15 to deleted text begin136A.1702deleted text endnew text begin 136A.1704new text end.

Sec. 15.

Minnesota Statutes 2016, section 136A.162, is amended to read:


136A.162 CLASSIFICATION OF DATA.

(a) Except as provided in paragraphs (b) and (c), data on applicants for financial assistance
collected and used by the office for student financial aid programs administered by that
office are private data on individuals as defined in section 13.02, subdivision 12.

(b) Data on applicants may be disclosed to the commissioner of human services to the
extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5).

(c) The following data collected in the Minnesota supplemental loan program under
deleted text begin sectiondeleted text endnew text begin sectionsnew text end 136A.1701 new text beginand 136A.1704 new text endmay be disclosed to a consumer credit reporting
agency only if the borrower and the cosigner give informed consent, according to section
13.05, subdivision 4, at the time of application for a loan:

(1) the lender-assigned borrower identification number;

(2) the name and address of borrower;

(3) the name and address of cosigner;

(4) the date the account is opened;

(5) the outstanding account balance;

(6) the dollar amount past due;

(7) the number of payments past due;

(8) the number of late payments in previous 12 months;

(9) the type of account;

(10) the responsibility for the account; and

(11) the status or remarks code.

Sec. 16.

Minnesota Statutes 2016, section 136A.1701, subdivision 7, is amended to read:


Subd. 7.

Repayment of loans.

deleted text begin(a)deleted text end The office shall establish repayment procedures for
loans made under this sectiondeleted text begin, but in no event shall the period of permitted repayment for
SELF II or SELF III loans exceed ten years from the eligible student's termination of the
student's postsecondary academic or vocational program, or 15 years from the date of the
student's first loan under this section, whichever is less.
deleted text endnew text begin in accordance with the policies,
rules, and conditions authorized under section 136A.16, subdivision 2. The office will take
into consideration the loan limits and current financial market conditions when establishing
repayment terms.
new text end

deleted text begin (b) For SELF IV loans, eligible students with aggregate principal loan balances from
all SELF phases that are less than $18,750 shall have a repayment period not exceeding ten
years from the eligible student's graduation or termination date. For SELF IV loans, eligible
students with aggregate principal loan balances from all SELF phases of $18,750 or greater
shall have a repayment period not exceeding 15 years from the eligible student's graduation
or termination date. For SELF IV loans, the loans shall enter repayment no later than seven
years after the first disbursement date on the loan.
deleted text end

deleted text begin (c) For SELF loans from phases after SELF IV, eligible students with aggregate principal
loan balances from all SELF phases that are:
deleted text end

deleted text begin (1) less than $20,000, must have a repayment period not exceeding ten years from the
eligible student's graduation or termination date;
deleted text end

deleted text begin (2) $20,000 up to $40,000, must have a repayment period not exceeding 15 years from
the eligible student's graduation or termination date; and
deleted text end

deleted text begin (3) $40,000 or greater, must have a repayment period not exceeding 20 years from the
eligible student's graduation or termination date. For SELF loans from phases after SELF
IV, the loans must enter repayment no later than nine years after the first disbursement date
of the loan.
deleted text end

Sec. 17.

Minnesota Statutes 2016, section 136A.1702, is amended to read:


136A.1702 LEGISLATIVE OVERSIGHT.

new text begin (a) new text endThe office shall notify the chairs of the legislative committees with primary
jurisdiction over higher education finance of any proposed material change to any of its
student loan programs, including loan refinancing under section 136A.1704, prior to making
the change.

new text begin (b) By December 1 of each year, the commissioner shall submit a report to the chairs
and ranking minority members of the senate and house of representatives committees having
jurisdiction over the Office of Higher Education regarding the balance of the following
accounts in the special revenue fund:
new text end

new text begin (1) the aviation degree loan forgiveness program account established by section
136A.1789, subdivision 2;
new text end

new text begin (2) the teacher shortage loan forgiveness repayment account established by section
136A.1791, subdivision 8;
new text end

new text begin (3) the agricultural education loan forgiveness account established by section 136A.1794,
subdivision 2; and
new text end

new text begin (4) the large animal veterinarian loan forgiveness program account established by section
136A.1795, subdivision 2.
new text end

Sec. 18.

new text begin [136A.1705] STUDENT LOAN DEBT COUNSELING.
new text end

new text begin Subdivision 1. new text end

new text begin Grant. new text end

new text begin (a) A program is established under the Office of Higher Education
to provide a grant to a Minnesota-based nonprofit qualified debt counseling organization
to provide individual student loan debt repayment counseling to borrowers who are Minnesota
residents concerning loans obtained to attend a postsecondary institution. The number of
individuals receiving counseling may be limited to those capable of being served with
available appropriations for that purpose. A goal of the counseling program is to provide
two counseling sessions to at least 75 percent of borrowers receiving counseling.
new text end

new text begin (b) The purpose of the counseling is to assist borrowers to:
new text end

new text begin (1) understand their loan and repayment options;
new text end

new text begin (2) manage loan repayment; and
new text end

new text begin (3) develop a workable budget based on the borrower's full financial situation regarding
income, expenses, and other debt.
new text end

new text begin Subd. 2. new text end

new text begin Qualified debt counseling organization. new text end

new text begin A qualified debt counseling
organization is an organization that:
new text end

new text begin (1) has experience in providing individualized student loan counseling;
new text end

new text begin (2) employs certified financial loan counselors; and
new text end

new text begin (3) is based in Minnesota and has offices at multiple rural and metropolitan area locations
in the state to provide in-person counseling.
new text end

new text begin Subd. 3. new text end

new text begin Grant application and award. new text end

new text begin (a) Applications for a grant shall be on a form
created by the commissioner and on a schedule set by the commissioner. Among other
provisions, the application must include a description of:
new text end

new text begin (1) the characteristics of borrowers to be served;
new text end

new text begin (2) the services to be provided and a timeline for implementation of the services;
new text end

new text begin (3) how the services provided will help borrowers manage loan repayment;
new text end

new text begin (4) specific program outcome goals and performance measures for each goal; and
new text end

new text begin (5) how the services will be evaluated to determine whether the program goals were
met.
new text end

new text begin (b) The commissioner shall select one grant recipient for a two-year award every two
years. A grant may be renewed biennially.
new text end

new text begin Subd. 4. new text end

new text begin Program evaluation. new text end

new text begin (a) The grant recipient must submit a report to the
commissioner by January 15 of the second year of the grant award. The report must evaluate
and measure the extent to which program outcome goals have been met.
new text end

new text begin (b) The grant recipient must collect, analyze, and report on participation and outcome
data that enable the office to verify the outcomes.
new text end

new text begin (c) The evaluation must include information on the number of borrowers served with
on-time student loan payments, the numbers who brought their loans into good standing,
the number of student loan defaults, the number who developed a monthly budget plan, and
other information required by the commissioner. Recipients of the counseling must be
surveyed on their opinions about the usefulness of the counseling and the survey results
must be included in the report.
new text end

new text begin Subd. 5. new text end

new text begin Report to legislature. new text end

new text begin By February 1 of the second year of each grant award,
the commissioner must submit a report to the committees in the legislature with jurisdiction
over higher education finance regarding grant program outcomes.
new text end

Sec. 19.

Minnesota Statutes 2017 Supplement, section 136A.1789, subdivision 2, is
amended to read:


Subd. 2.

Creation of account.

(a) An aviation degree loan forgiveness program account
is establishednew text begin in the special revenue fundnew text end to provide qualified pilots and qualified aircraft
technicians with financial assistance in repaying qualified education loans. The commissioner
must use money from the account to establish and administer the aviation degree loan
forgiveness program.

(b) deleted text beginAppropriations made todeleted text endnew text begin Money innew text end the aviation degree loan forgiveness program
account deleted text begindodeleted text endnew text begin is appropriated to the commissioner for purposes of this section, does not cancel,
and is
new text end deleted text beginnot cancel and aredeleted text end available until expended.

Sec. 20.

Minnesota Statutes 2016, section 136A.1791, subdivision 8, is amended to read:


Subd. 8.

deleted text beginFunddeleted text endnew text begin Accountnew text end established.

A teacher shortage loan forgiveness repayment
deleted text begin funddeleted text endnew text begin accountnew text end is creatednew text begin in the special revenue fundnew text end for depositing money appropriated to
or received by the commissioner for the program. Money deposited in the deleted text beginfund shall notdeleted text endnew text begin
account is appropriated to the commissioner, does not cancel,
new text end deleted text beginrevert to any state fund at the
end of any fiscal year but remains in the loan forgiveness repayment fund
deleted text end and is continuously
available for loan forgiveness under this section.

Sec. 21.

Minnesota Statutes 2016, section 136A.1795, subdivision 2, is amended to read:


Subd. 2.

Establishment; administration.

(a) The commissioner shall establish and
administer a loan forgiveness program for large animal veterinarians who:

(1) agree to practice in designated rural areas that are considered underserved; and

(2) work full time in a practice that is at least 50 percent involved with the care of food
animals.

(b)new text begin A large animal veterinarian loan forgiveness program account is established in the
special revenue fund. Money in the account is appropriated to the commissioner to establish
and administer the program under this section. Appropriations to the commissioner for the
program are for transfer to the account.
new text end Appropriations deleted text beginmade to the programdeleted text endnew text begin from the accountnew text end
do not cancel and are available until expended.

Sec. 22.

Minnesota Statutes 2016, section 136A.64, subdivision 1, is amended to read:


Subdivision 1.

Schools to provide information.

As a basis for registration, schools
shall provide the office with such information as the office needs to determine the nature
and activities of the school, including but not limited to the following which shall be
accompanied by an affidavit attesting to its accuracy and truthfulness:

(1) articles of incorporation, constitution, bylaws, or other operating documents;

(2) a duly adopted statement of the school's mission and goals;

(3) evidence of current school or program licenses granted by departments or agencies
of any state;

(4) a fiscal balance sheet on an accrual basis, or a certified audit of the immediate past
fiscal year including any management letters provided by the independent auditor or, if the
school is a public institution outside Minnesota, an income statement for the immediate past
fiscal year;

(5) all current promotional and recruitment materials and advertisements; and

(6) the current school catalog and, if not contained in the catalog:

(i) the members of the board of trustees or directors, if any;

(ii) the current institutional officers;

(iii) current full-time and part-time faculty with degrees held or applicable experience;

(iv) a description of all school facilities;

(v) a description of all current course offerings;

(vi) all requirements for satisfactory completion of courses, programs, and degrees;

(vii) the school's policy about freedom or limitation of expression and inquiry;

(viii) a current schedule of fees, charges for tuition, required supplies, student activities,
housing, and all other standard charges;

(ix) the school's policy about refunds and adjustments;

(x) the school's policy about granting credit for prior education, training, and experience;
deleted text begin and
deleted text end

(xi) the school's policies about student admission, evaluation, suspension, and dismissaldeleted text begin.deleted text endnew text begin;
and
new text end

new text begin (xii) the school's disclosure to students on the student complaint process under section
136A.672.
new text end

Sec. 23.

Minnesota Statutes 2017 Supplement, section 136A.646, is amended to read:


136A.646 ADDITIONAL SECURITY.

(a) New schools that have been granted conditional approval for degrees or names to
allow them the opportunity to apply for and receive accreditation under section 136A.65,
subdivision 7
, deleted text beginordeleted text endnew text begin shall provide a surety bond in a sum equal to ten percent of the net revenue
from tuition and fees in the registered institution's prior fiscal year, but in no case shall the
bond be less than $10,000.
new text end

new text begin (b)new text end Any registered institution that is notified by the United States Department of Education
that it has fallen below minimum financial standards and that its continued participation in
Title IV will be conditioned upon its satisfying either the Zone Alternative, Code of Federal
Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit Alternative, Code
of Federal Regulations, title 34, section 668.175, paragraph (c), shall provide a surety bond
in a sum equal to the "letter of credit" required by the United States Department of Education
in the Letter of Credit Alternative, but in no event shall such bond be less than $10,000 nor
more than $250,000.new text begin In the event the letter of credit required by the United States Department
of Education is higher than ten percent of the Title IV, Higher Education Act program funds
received by the institution during its most recently completed fiscal year, the office shall
reduce the office's surety requirement to represent ten percent of the Title IV, Higher
Education Act program funds received by the institution during its most recently completed
fiscal year, subject to the minimum and maximum in this paragraph.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end In lieu of a bond, the applicant may deposit with the commissioner of management
and budget:

(1) a sum equal to the amount of the required surety bond in cash;

(2) securities, as may be legally purchased by savings banks or for trust funds, in an
aggregate market value equal to the amount of the required surety bond; or

(3) an irrevocable letter of credit issued by a financial institution to the amount of the
required surety bond.

deleted text begin (c)deleted text endnew text begin (d)new text end The surety of any bond may cancel it upon giving 60 days' notice in writing to
the office and shall be relieved of liability for any breach of condition occurring after the
effective date of cancellation.

deleted text begin (d)deleted text endnew text begin (e)new text end In the event of a school closure, the additional security must first be used to
destroy any private educational data under section 13.32 left at a physical campus in
Minnesota after all other governmental agencies have recovered or retrieved records under
their record retention policies. Any remaining funds must then be used to reimburse tuition
and fee costs to students that were enrolled at the time of the closure or had withdrawn in
the previous 120 calendar days but did not graduate. Priority for refunds will be given to
students in the following order:

(1) cash payments made by the student or on behalf of a student;

(2) private student loans; and

(3) Veteran Administration education benefits that are not restored by the Veteran
Administration. If there are additional security funds remaining, the additional security
funds may be used to cover any administrative costs incurred by the office related to the
closure of the school.

Sec. 24.

Minnesota Statutes 2017 Supplement, section 136A.672, is amended by adding
a subdivision to read:


new text begin Subd. 6. new text end

new text begin Disclosure. new text end

new text begin Schools must disclose on their Web site, student handbook, and
student catalog the student complaint process under this section to students.
new text end

Sec. 25.

Minnesota Statutes 2017 Supplement, section 136A.822, subdivision 6, is amended
to read:


Subd. 6.

Bond.

(a) No license shall be issued to any private career school which
maintains, conducts, solicits for, or advertises within the state of Minnesota any program,
unless the applicant files with the office a continuous corporate surety bond written by a
company authorized to do business in Minnesota conditioned upon the faithful performance
of all contracts and agreements with students made by the applicant.

(b)(1) The amount of the surety bond shall be ten percent of the preceding year's net
deleted text begin incomedeleted text endnew text begin revenuenew text end from student tuition, fees, and other required institutional charges collected,
but in no event less than $10,000, except that a private career school may deposit a greater
amount at its own discretion. A private career school in each annual application for licensure
must compute the amount of the surety bond and verify that the amount of the surety bond
complies with this subdivision. A private career school that operates at two or more locations
may combine net deleted text beginincomedeleted text endnew text begin revenuenew text end from student tuition, fees, and other required institutional
charges collected for all locations for the purpose of determining the annual surety bond
requirement. The net new text beginrevenue from new text endtuition and fees used to determine the amount of the
surety bond required for a private career school having a license for the sole purpose of
recruiting students in Minnesota shall be only that paid to the private career school by the
students recruited from Minnesota.

(2) A person required to obtain a private career school license due to the use of
"academy," "institute," "college," or "university" in its name and which is also licensed by
another state agency or board, except not including those schools licensed exclusively in
order to participate in state grants or SELF loan financial aid programs, shall be required
to provide a school bond of $10,000.

(c) The bond shall run to the state of Minnesota and to any person who may have a cause
of action against the applicant arising at any time after the bond is filed and before it is
canceled for breach of any contract or agreement made by the applicant with any student.
The aggregate liability of the surety for all breaches of the conditions of the bond shall not
exceed the principal sum deposited by the private career school under paragraph (b). The
surety of any bond may cancel it upon giving 60 days' notice in writing to the office and
shall be relieved of liability for any breach of condition occurring after the effective date
of cancellation.

(d) In lieu of bond, the applicant may deposit with the commissioner of management
and budget a sum equal to the amount of the required surety bond in cash, an irrevocable
letter of credit issued by a financial institution equal to the amount of the required surety
bond, or securities as may be legally purchased by savings banks or for trust funds in an
aggregate market value equal to the amount of the required surety bond.

(e) Failure of a private career school to post and maintain the required surety bond or
deposit under paragraph (d) may result in denial, suspension, or revocation of the school's
license.

Sec. 26.

Minnesota Statutes 2016, section 136A.822, subdivision 10, is amended to read:


Subd. 10.

Catalog, brochure, or electronic display.

Before a license is issued to a
private career school, the private career school shall furnish to the office a catalog, brochure,
or electronic display including:

(1) identifying data, such as volume number and date of publication;

(2) name and address of the private career school and its governing body and officials;

(3) a calendar of the private career school showing legal holidays, beginning and ending
dates of each course quarter, term, or semester, and other important dates;

(4) the private career school policy and regulations on enrollment including dates and
specific entrance requirements for each program;

(5) the private career school policy and regulations about leave, absences, class cuts,
make-up work, tardiness, and interruptions for unsatisfactory attendance;

(6) the private career school policy and regulations about standards of progress for the
student including the grading system of the private career school, the minimum grades
considered satisfactory, conditions for interruption for unsatisfactory grades or progress, a
description of any probationary period allowed by the private career school, and conditions
of reentrance for those dismissed for unsatisfactory progress;

(7) the private career school policy and regulations about student conduct and conditions
for dismissal for unsatisfactory conduct;

(8) a detailed schedule of fees, charges for tuition, books, supplies, tools, student
activities, laboratory fees, service charges, rentals, deposits, and all other charges;

(9) the private career school policy and regulations, including an explanation of section
136A.827, about refunding tuition, fees, and other charges if the student does not enter the
program, withdraws from the program, or the program is discontinued;

(10) a description of the available facilities and equipment;

(11) a course outline syllabus for each course offered showing course objectives, subjects
or units in the course, type of work or skill to be learned, and approximate time, hours, or
credits to be spent on each subject or unit;

(12) the private career school policy and regulations about granting credit for previous
education and preparation;

(13) a notice to students relating to the transferability of any credits earned at the private
career school to other institutions;

(14) a procedure for investigating and resolving student complaints; deleted text beginand
deleted text end

(15) the name and address of the officedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (16) the student complaint process and rights under section 136A.8295.
new text end

A private career school that is exclusively a distance education school is exempt from
clauses (3) and (5).

Sec. 27.

Minnesota Statutes 2017 Supplement, section 136A.8295, is amended by adding
a subdivision to read:


new text begin Subd. 6. new text end

new text begin Disclosure. new text end

new text begin Schools must disclose on their Web site, student handbook, and
student catalog the student complaint process under this section to students.
new text end

Sec. 28.

Minnesota Statutes 2016, section 136A.901, subdivision 1, is amended to read:


Subdivision 1.

Grant program.

new text begin(a) new text endThe commissioner shall establish a grant program
to award grants to institutions in Minnesota for research into spinal cord injuries and traumatic
brain injuries. Grants shall be awarded to conduct research into new and innovative treatments
and rehabilitative efforts for the functional improvement of people with spinal cord and
traumatic brain injuries. Research topics may include, but are not limited to, pharmaceutical,
medical device, brain stimulus, and rehabilitative approaches and techniques. The
commissioner, in consultation with the advisory council established under section 136A.902,
shall award 50 percent of the grant funds for research involving spinal cord injuries and 50
percent to research involving traumatic brain injuries. In addition to the amounts appropriated
by law, the commissioner may accept additional funds from private and public sources.
Amounts received from these sources are appropriated to the commissioner for the purposes
of issuing grants under this section.

new text begin (b) A spinal cord and traumatic brain injury grant account is established in the special
revenue fund. Money in the account is appropriated to the commissioner to make grants
and to administer the grant program under this section. Appropriations to the commissioner
for the program are for transfer to the account. Appropriations from the account do not
cancel and are available until expended.
new text end

Sec. 29.

Minnesota Statutes 2016, section 137.0245, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

A Regent Candidate Advisory Council is established new text beginin
the legislative branch
new text endto assist in determining criteria fordeleted text begin, and identifying and recruitingdeleted text endnew text begin
membership on the Board of Regents, to identify and recruit
new text end qualified new text beginregent new text endcandidates deleted text beginfor
membership on the Board of Regents
deleted text endnew text begin,new text end and deleted text beginmakingdeleted text endnew text begin to makenew text end recommendations to the joint
legislative committee described in section 137.0246, subdivision 2.

Sec. 30.

Minnesota Statutes 2016, section 137.0245, subdivision 2, is amended to read:


Subd. 2.

Membership.

The Regent Candidate Advisory Council shall consist of 24
members. Twelve members shall be appointed by the Subcommittee on Committees of the
Committee on Rules and Administration of the senate. Twelve members shall be appointed
by the speaker of the house. Each appointing authority must appoint one member who is a
student enrolled in a degree program at the University of Minnesota at the time of
appointment. No more than one-third of the members appointed by each appointing authority
may be current or former legislators. No more than two-thirds of the members appointed
by each appointing authority may belong to the same political party; however, political
activity or affiliation is not required for the appointment of any member. deleted text beginGeographical
representation must be taken into consideration when making appointments.
deleted text endnew text begin Each appointing
authority must appoint at least one but no more than three members from each congressional
district. The member must reside in the congressional district he or she represents at the
time of appointment.
new text end Section 15.0575 shall govern the advisory council, except that:

(1) the members shall be appointed to six-year terms with one-third appointed each
even-numbered year; and

(2) student members are appointed to two-year terms with two students appointed each
even-numbered year.

A member may not serve more than two full terms.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for appointments made on or after July
1, 2018.
new text end

Sec. 31.

Minnesota Statutes 2016, section 137.0245, subdivision 4, is amended to read:


Subd. 4.

Recommendations.

(a) The advisory council shall recommend at least two and
not more than four candidates. By January 15 of each odd-numbered year, the advisory
council shall submit its recommendations to the joint legislative committee described in
section 137.0246, subdivision 2.

(b) deleted text beginThe advisory councildeleted text endnew text begin At the same time the advisory council submits its
recommendations, the council
new text end must submit a report to the joint committee deleted text beginondeleted text endnew text begin which includes:
(1)
new text end the needs criterion identified under subdivision 3, paragraph (c)deleted text begin, at the same time it
submits its recommendations
deleted text endnew text begin; (2) a detailed description of all methods and tools used to
screen each candidate; and (3) the name of the member or staff person who screened each
candidate
new text end.

Sec. 32.

Minnesota Statutes 2016, section 137.0245, subdivision 5, is amended to read:


Subd. 5.

Support services.

new text beginThe Legislative Coordinating Commission shall collect
application materials from regent candidates, perform background checks on regent
candidates at the direction of the chairs and ranking minority members of the legislative
committees with jurisdiction over higher education policy and finance, and forward all
materials to the advisory council.
new text endThe Legislative Coordinating Commission shall provide
administrative and support services for the advisory council.

Sec. 33.

Minnesota Statutes 2017 Supplement, section 298.2215, is amended to read:


298.2215 COUNTY SCHOLARSHIP deleted text beginPROGRAMdeleted text endnew text begin ENDOWMENT ACCOUNTnew text end.

Subdivision 1.

deleted text beginEstablishmentdeleted text endnew text begin Account establishednew text end.

A county new text beginboard of commissioners
new text end may establish deleted text begina scholarship fund fromdeleted text endnew text begin an endowment account and may deposit into the
account
new text end any unencumbered revenue received pursuant to section 298.018, 298.28, 298.39,
298.396, or 298.405 or any law imposing a tax upon severed mineral values. deleted text beginScholarships
must be used at a two-year Minnesota State Colleges and Universities institution within the
county. The county shall establish procedures for applying for and distributing the
scholarships
deleted text endnew text begin The county board may deposit into the account private contributions, gifts, or
grants. Any interest or profit accruing from the investment of these sums is credited to the
account
new text end.

new text begin Subd. 1a. new text end

new text begin Use of funds. new text end

new text begin Income derived from the investment of the principal in the
account must be used to provide scholarships to eligible applicants. Scholarships must be
used at a two-year Minnesota State Colleges and Universities institution within the county.
The county board shall establish procedures for applying for and distributing the scholarships.
new text end

Subd. 2.

Eligibility.

An applicant for a scholarship under this section must be a resident
of the county at the time of the applicant's high school graduation. The county new text beginboard new text endmay
establish additional eligibility criteria.

new text begin Subd. 3. new text end

new text begin Investment. new text end

new text begin The county board may:
new text end

new text begin (1) deposit part or all of the endowment account funds as provided in chapter 118A; or
new text end

new text begin (2) enter into an agreement with the State Board of Investment to invest all or part of
the endowment account funds in investments under section 11A.24, on behalf of the county.
new text end

new text begin Subd. 4. new text end

new text begin Audits. new text end

new text begin The account is subject to audit by the state auditor.
new text end

Sec. 34.

Laws 2017, chapter 89, article 1, section 2, subdivision 18, is amended to read:


Subd. 18.

MNSCU Two-Year Public College
Program

deleted text begin 3,481,000
deleted text end new text begin 2,481,000
new text end
-0-

(a) deleted text begin$2,780,000deleted text endnew text begin $1,780,000new text end in fiscal year 2018
is for two-year public college program grants
under Laws 2015, chapter 69, article 3, section
20.

(b) $545,000 in fiscal year 2018 is to provide
mentoring and outreach as specified under
Laws 2015, chapter 69, article 3, section 20.

(c) $156,000 in fiscal year 2018 is for
information technology and administrative
costs associated with implementation of the
grant program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2018.
new text end

Sec. 35.

Laws 2017, chapter 89, article 1, section 2, subdivision 20, is amended to read:


Subd. 20.

Spinal Cord Injury and Traumatic
Brain Injury Research Grant Program

3,000,000
3,000,000

deleted text begin For spinal cord injury and traumatic brain
injury research grants authorized under
Minnesota Statutes, section 136A.901.
deleted text end

new text begin For transfer to the spinal cord and traumatic
brain injury grant account in the special
revenue fund under Minnesota Statutes,
section 136A.901, subdivision 1.
new text end

The commissioner may use no more than three
percent of deleted text beginthis appropriationdeleted text endnew text begin the amount
transferred under this subdivision
new text end to administer
the grant program deleted text beginunder this subdivisiondeleted text end.

Sec. 36.

Laws 2017, chapter 89, article 1, section 2, subdivision 29, is amended to read:


Subd. 29.

Emergency Assistance for
Postsecondary Students

175,000
175,000

(a) This appropriation is for the Office of
Higher Education to allocate grant funds on a
matching basis to deleted text beginschoolsdeleted text endnew text begin eligible institutions
as defined under Minnesota Statutes, section
136A.103, located in Minnesota
new text end with a
demonstrable homeless student population.

(b) This appropriation shall be used to meet
immediate student needs that could result in
a student not completing the term or their
program including, but not limited to,
emergency housing, food, and transportation.
Emergency assistance does not impact the
amount of state financial aid received.

(c) The commissioner shall determine the
application process and the grant amounts.
Any balance in the first year does not cancel
but shall be available in the second year. The
Office of Higher Education shall partner with
interested postsecondary institutions, other
state agencies, and student groups to establish
the programs.

Sec. 37.

Laws 2017, chapter 89, article 1, section 2, subdivision 31, is amended to read:


Subd. 31.

Teacher Shortage Loan Forgiveness

200,000
200,000

Fornew text begin transfer tonew text end thenew text begin teacher shortagenew text end loan
forgiveness deleted text beginprogramdeleted text endnew text begin repayment account in the
special revenue fund
new text end under Minnesota
Statutes, section 136A.1791new text begin, subdivision 8new text end.

The commissioner may use no more than three
percent of deleted text beginthis appropriationdeleted text end new text beginthe amount
transferred under this subdivision
new text end to administer
the program deleted text beginunder this subdivisiondeleted text end.

Sec. 38.

Laws 2017, chapter 89, article 1, section 2, subdivision 32, is amended to read:


Subd. 32.

Large Animal Veterinarian Loan
Forgiveness Program

375,000
375,000

For new text begintransfer to new text endthe large animal veterinarian
loan forgiveness program new text beginaccount in the
special revenue fund
new text endunder Minnesota
Statutes, section 136A.1795new text begin, subdivision 2new text end.

Sec. 39.

Laws 2017, chapter 89, article 1, section 2, subdivision 33, is amended to read:


Subd. 33.

Agricultural Educators Loan
Forgiveness

50,000
50,000

For deleted text begindeposit indeleted text endnew text begin transfer tonew text end the agricultural
education loan forgiveness accountnew text begin in the
special revenue fund under Minnesota
Statutes, section 136A.1794, subdivision 2
new text end.

Sec. 40.

Laws 2017, chapter 89, article 1, section 2, subdivision 34, is amended to read:


Subd. 34.

Aviation Degree Loan Forgiveness
Program

25,000
25,000

For new text begintransfer to new text endthe aviation degree loan
forgiveness program new text beginaccount in the special
revenue fund
new text endunder Minnesota Statutes,
section 136A.1789new text begin, subdivision 2new text end.

Sec. 41.

Laws 2017, chapter 89, article 1, section 2, subdivision 40, is amended to read:


Subd. 40.

Transfers

The commissioner of the Office of Higher
Education may transfer unencumbered
balances from the appropriations in this
section to the state grant appropriation, the
interstate tuition reciprocity appropriation, the
child care grant appropriation, the Indian
scholarship appropriation, new text beginintervention for
college attendance program grants
appropriation, summer academic enrichment
program appropriation, student-parent
information appropriation,
new text endthe state
work-study appropriation, the get ready
appropriation, and the public safety officers'
survivors appropriation. Transfers from the
child care or state work-study appropriations
may only be made to the extent there is a
projected surplus in the appropriation. A
transfer may be made only with prior written
notice to the chairs and ranking minority
members of the senate and house of
representatives committees with jurisdiction
over higher education finance.

Sec. 42. new text beginAFFORDABLE TEXTBOOK PLAN AND REPORT.
new text end

new text begin The Board of Trustees of the Minnesota State Colleges and Universities shall develop
a plan to increase the use of affordable textbooks and instructional materials. The board
must explore and study registration software or other systems and methods to disclose or
display the cost of all textbooks and instructional materials required for a course at or prior
to course registration. The plan must describe the systems or methods examined and the
results of the study. The plan must establish a goal for the percentage of all courses offered
at state colleges and universities that will use affordable textbooks and instructional materials.
The plan must identify and describe key terms, including "affordable textbook," "instructional
material," and "course." The board must submit the plan to the chairs and ranking minority
members of the legislative committees with jurisdiction over higher education by January
15, 2020.
new text end

Sec. 43. new text beginTEACHER PREPARATION PROGRAM DESIGN GRANT.
new text end

new text begin The commissioner of the Office of Higher Education shall make a grant to an institution
of higher education, defined under Minnesota Statutes, section 135A.51, subdivision 5, to
explore, design, and plan for a teacher preparation program leading to licensure as a teacher
of the blind or visually impaired, consistent with Minnesota Rules, part 8710.5100. The
commissioner may develop an application process and guidelines, as necessary, and may
use up to two percent of the appropriation for administrative costs. The grant recipient shall
submit a report describing the plan and identifying potential ongoing costs for the program
to the chairs and ranking minority members of the legislative committees with jurisdiction
over higher education finance and policy no later than January 15, 2020.
new text end

Sec. 44. new text beginUNIVERSITY OF MINNESOTA; APPEAL PROCESS FOR SEXUAL
MISCONDUCT FINDINGS INVOLVING EMPLOYEES.
new text end

new text begin The Board of Regents of the University of Minnesota is requested to amend its sexual
misconduct policies to:
new text end

new text begin (1) provide a process for accused university employees and their victims to appeal
findings of the university's Office of Equal Opportunity and Affirmative Action before an
impartial decision maker; and
new text end

new text begin (2) require the office, at the conclusion of a sexual misconduct investigation, to provide
notice to accused university employees and their victims of any appeal rights.
new text end

Sec. 45. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 136A.15, subdivisions 2 and 7; and 136A.1701,
subdivision 12,
new text end new text begin are repealed.
new text end

ARTICLE 23

TRANSPORTATION APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the column under "Appropriations" are added to the appropriations
in Laws 2017, First Special Session chapter 3, article 1, and Laws 2017, First Special Session
chapter 4, article 1, to the agencies and for the purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose. Amounts for "Total Appropriation" and sums shown
in the corresponding columns marked "Appropriations by Fund" are summary only and do
not have legal effect. The figures "2018" and "2019" used in this article mean that the
addition to the appropriation listed under them is available for the fiscal year ending June
30, 2018, or June 30, 2019, respectively.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginDEPARTMENT OF
TRANSPORTATION
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 66,860,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 34,860,000
new text end
new text begin Special Revenue
new text end
new text begin -0-
new text end
new text begin 1,000,000
new text end
new text begin Trunk Highway
new text end
new text begin -0-
new text end
new text begin 30,000,000
new text end
new text begin State Airport
new text end
new text begin -0-
new text end
new text begin 1,000,000
new text end

new text begin The appropriations in this section are to the
commissioner of transportation. The amounts
that may be spent for each purpose are
specified in the subdivisions in this section.
new text end

new text begin Subd. 2. new text end

new text begin Aeronautics
new text end

new text begin -0-
new text end
new text begin 2,250,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 1,250,000
new text end
new text begin Airports
new text end
new text begin -0-
new text end
new text begin 1,000,000
new text end

new text begin This appropriation is for a grant to the city of
Rochester to acquire and install a CAT II
approach system at the Rochester International
Airport. This appropriation is available when
the commissioner of transportation determines
that sufficient resources have been committed
to complete the project. This is a onetime
appropriation and is available until June 30,
2023.
new text end

new text begin Subd. 3. new text end

new text begin Rail Service Improvement
new text end

new text begin -0-
new text end
new text begin 1,000,000
new text end

new text begin This appropriation is from the rail service
improvement account in the special revenue
fund under the rail service improvement
program in Minnesota Statutes, section 222.50,
for a grant to the Minnesota Valley Regional
Rail Authority to rehabilitate a portion of the
railroad track between Winthrop and Hanley
Falls. Railroad track rehabilitation under the
grant includes but is not limited to
environmental analysis and remediation,
predesign, design, and rehabilitation or
replacement of bridges or culverts. This grant
is in addition to any other appropriation, or
other grant, loan, or loan guarantee for this
project made by the commissioner under
Minnesota Statutes, sections 222.46 to 222.62.
This is a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin State Roads
new text end

new text begin (a) Program Delivery
new text end
new text begin -0-
new text end
new text begin 10,400,000
new text end

new text begin $5,400,000 in the second year is for a grant to
the city of Virginia to repay loans incurred by
the city for costs related to utility relocation
for the U.S. Highway 53 project. This is a
onetime appropriation.
new text end

new text begin $5,000,000 in the second year is for
environmental analysis and preliminary
engineering for the grade separation and
realignment of the bridge on marked Trunk
Highway 27 in the city of Little Falls. This is
a onetime appropriation.
new text end

new text begin (b) State Road Construction
new text end
new text begin -0-
new text end
new text begin 20,000,000
new text end

new text begin This appropriation is from the trunk highway
fund for trunk highway reconstruction or
resurfacing in calendar year 2019, 2020, or
2021 that includes establishment of one or
more temporary lanes of travel, provided that
the commissioner must establish additional
permanent general purpose lanes on the
segment if: (1) the project is on an interstate
highway; (2) the project is located outside of
a Department of Transportation district
containing a city of the first class; (3) the total
project cost estimate is at least $30,000,000;
and (4) the annual average daily traffic is at
least 40,000 at any point within the project
limits. This is a onetime appropriation and is
available until June 30, 2022.
new text end

new text begin (c) Corridors of Commerce
new text end
new text begin -0-
new text end
new text begin 10,000,000
new text end

new text begin This appropriation is from the trunk highway
fund for the corridors of commerce program
under Minnesota Statutes, section 161.088.
This is a onetime appropriation.
new text end

new text begin Subd. 5. new text end

new text begin Local Roads
new text end

new text begin (a) Small Cities Assistance
new text end
new text begin -0-
new text end
new text begin 8,500,000
new text end

new text begin This appropriation is for the small cities
assistance program under Minnesota Statutes,
section 162.145. This is a onetime
appropriation.
new text end

new text begin (b) Town Roads
new text end
new text begin -0-
new text end
new text begin 4,000,000
new text end

new text begin This appropriation is for town roads, to be
distributed in the manner provided under
Minnesota Statutes, section 162.081. This is
a onetime appropriation.
new text end

new text begin (c) Local Bridges
new text end
new text begin -0-
new text end
new text begin 10,710,000
new text end

new text begin This appropriation is for local bridges under
Minnesota Statutes, section 174.50. This is a
onetime appropriation.
new text end

new text begin Subd. 6. new text end

new text begin Transfer; Rail Service Improvement
new text end

new text begin Before August 1, 2018, the commissioner of
management and budget must transfer
$3,000,000 from the general fund to the rail
service improvement account in the special
revenue fund. This is a onetime transfer.
new text end

Sec. 3. new text beginMETROPOLITAN COUNCIL
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 2,100,000
new text end

new text begin This appropriation is to the Metropolitan
Council for financial assistance to replacement
service providers under Minnesota Statutes,
section 473.388, for capital improvements,
including bus replacement, associated with
the suburb-to-suburb transit project authorized
under Laws 2015, chapter 75, article 1, section
4. This is a onetime appropriation.
new text end

Sec. 4. new text beginDEPARTMENT OF PUBLIC SAFETY
new text end

new text begin Subdivision 1. new text end

new text begin Minnesota Licensing and
Registration System (MNLARS)
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 13,730,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 12,830,000
new text end
new text begin Driver and Vehicle
Services
new text end
new text begin -0-
new text end
new text begin 900,000
new text end

new text begin This appropriation is to the commissioner of
public safety.
new text end

new text begin The appropriation in fiscal year 2019 is for
contracted technical staff and technical costs
related to continued development,
improvement, operations, and deployment of
MNLARS, and may be expended only for (1)
contracting to perform software development
on the vehicle services component of
MNLARS, and (2) technology costs.
new text end

new text begin The appropriation in this subdivision must not
be expended on additional full- or part-time
employees employed by the Department of
Public Safety.
new text end

new text begin The appropriation in this subdivision is subject
to the quarterly review process established in
Laws 2018, chapter 101, section 4, subdivision
5.
new text end

new text begin Of the appropriation from the driver and
vehicle services fund, $200,000 is from the
vehicle services operating account and
$700,000 is from the driver services operating
account.
new text end

new text begin The base from the general fund is $2,600,000
in fiscal year 2020 and $0 in fiscal year 2021.
The base from the vehicle services operating
account is $700,000 in fiscal year 2020 and
$0 in fiscal year 2021.The base from the driver
services operating account is $2,200,000 in
fiscal year 2020 and $0 in fiscal year 2021.
The planning estimates in fiscal year 2020
may only be used for a FAST Enterprise
contract payment related to the driver licensing
system.
new text end

new text begin Subd. 2. new text end

new text begin Transfer; Driver and Vehicle Services
Technology Account
new text end

new text begin By July 1, 2018, the unencumbered balance
in the driver and vehicle services technology
account in the special revenue fund is
transferred to the driver and vehicle services
technology account in the driver and vehicle
services fund.
new text end

new text begin Subd. 3. new text end

new text begin Transfer; Driver Services Operating
Account
new text end

new text begin By July 1, 2018, the unencumbered balance
in the driver services operating account in the
special revenue fund is transferred to the driver
services operating account in the driver and
vehicle services fund.
new text end

new text begin Subd. 4. new text end

new text begin Transfer; Vehicle Services Operating
Account
new text end

new text begin By July 1, 2018, the unencumbered balance
in the vehicle services operating account in
the special revenue fund is transferred to the
vehicle services operating account in the driver
and vehicle services fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 5. new text beginDEPARTMENT OF MANAGEMENT
AND BUDGET
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 5,000,000
new text end

new text begin This appropriation is to the commissioner of
management and budget for reimbursement
grants to deputy registrars under section 10.
This is a onetime appropriation.
new text end

Sec. 6.

Laws 2017, First Special Session chapter 3, article 1, section 2, subdivision 2, is
amended to read:


Subd. 2.

Multimodal Systems

(a) Aeronautics

(1) Airport Development and Assistance
26,001,000
16,598,000

This appropriation is from the state airports
fund and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4
.

Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after the year of the
appropriation. If the appropriation for either
year is insufficient, the appropriation for the
other year is available for it.

$6,619,000 in the first year is for a grant to
the Duluth Airport Authority for
improvements at the Duluth International
Airport and the Sky Harbor Airport in
accordance with Minnesota Statutes, section
360.017. For the purposes of this
appropriation, the commissioner may waive
the requirements of Minnesota Statutes,
section 360.305, subdivision 4, paragraph (b).
This appropriation may be used to reimburse
the Authority for costs incurred after March
1, 2015. This is a onetime appropriation.

$2,334,000 in the first year is for a grant to
the city of Rochester for improvements to the
passenger terminal building at the Rochester
International Airport in accordance with
Minnesota Statutes, section 360.017. For the
purposes of this appropriation, the
commissioner of transportation may waive the
requirements of Minnesota Statutes, section
360.305, subdivision 4, paragraph (b). This
appropriation may be used to reimburse the
city for costs incurred after May 1, 2016. This
is a onetime appropriation.

Notwithstanding Minnesota Statutes, section
360.017, $250,000 in the first year is for a
grant to the city of St. Cloud for an air
transport optimization planning study for the
St. Cloud Regional Airport. The study must
be comprehensive and market-based, using
economic development and air service
expertise to research, analyze, and develop
models and strategies that maximize the return
on investments made to enhance the use and
impact of the St. Cloud Regional Airport. By
January 5, 2018, the city of St. Cloud shall
submit a report to the governor and the
members and staff of the legislative
committees with jurisdiction over capital
investment, transportation, and economic
development with recommendations based on
the findings of the study. This is a onetime
appropriation.

If the commissioner of transportation
determines that a balance remains in the state
airports fund following the appropriations
made in this article and that the appropriations
made are insufficient for advancing airport
development and assistance projects, an
amount necessary to advance the projects, not
to exceed the balance in the state airports fund,
is appropriated in each year to the
commissioner and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4
. Within two weeks of a
determination under this contingent
appropriation, the commissioner of
transportation must notify the commissioner
of management and budget and the chairs,
ranking minority members, and staff of the
legislative committees with jurisdiction over
transportation finance concerning the funds
appropriated. Funds appropriated under this
contingent appropriation do not adjust the base
for fiscal years 2020 and 2021.

The base is $15,298,000 in each of fiscal years
2020 and 2021.

(2) Aviation Support and Services
6,710,000
6,854,000
Appropriations by Fund
2018
2019
Airports
5,231,000
5,231,000
Trunk Highway
1,479,000
1,623,000
(3) Civil Air Patrol
3,580,000
80,000

This appropriation is from the state airports
fund for the Civil Air Patrol.

$3,500,000 in the first year is for a grant tonew text begin:
(i) perform site selection and analysis; (ii)
purchase,
new text end renovate deleted text begina portion of anddeleted text endnew text begin, ornew text end
construct deleted text beginan addition to thedeleted text end training and
maintenance deleted text beginfacility located at the South St.
Paul airport,
deleted text endnew text begin facilities;new text end and deleted text begintodeleted text endnew text begin (iii)new text end furnish and
equip the deleted text beginfacilitydeleted text endnew text begin facilitiesnew text end, including
communications equipment.new text begin If the Civil Air
Patrol purchases an existing facility, predesign
requirements are waived. The facilities must
be located at an airport in Minnesota.
Notwithstanding the matching requirements
in Minnesota Statutes, section 360.305,
subdivision 4, a nonstate contribution is not
required for this appropriation.
new text end
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for deleted text beginfivedeleted text endnew text begin sixnew text end years after the year of
the appropriation. This is a onetime
appropriation.

(b) Transit
1,416,000
18,268,000
Appropriations by Fund
2018
2019
General
570,000
17,395,000
Trunk Highway
846,000
873,000

$150,000 in each year is from the general fund
for grants to transportation management
organizations that provide services exclusively
or primarily in the city located along the
marked Interstate Highway 494 corridor
having the highest population as of the
effective date of this section. The
commissioner must not retain any portion of
the funds appropriated under this section.
From the appropriation in each fiscal year, the
commissioner must make grant payments in
full by July 31. Permissible uses of funds
under this grant include administrative
expenses and programming and service
expansion, including but not limited to
staffing, communications, outreach and
education program development, and
operations management. This is a onetime
appropriation.

The base from the general fund is $17,245,000
in each year for fiscal years 2020 and 2021.

(c) Safe Routes to School
500,000
500,000

This appropriation is from the general fund
for the safe routes to school program under
Minnesota Statutes, section 174.40.

(d) Passenger Rail
500,000
500,000

This appropriation is from the general fund
for passenger rail system planning, alternatives
analysis, environmental analysis, design, and
preliminary engineering under Minnesota
Statutes, sections 174.632 to 174.636.

(e) Freight

Freight and Commercial Vehicle Operations
8,506,000
6,578,000
Appropriations by Fund
2018
2019
General
3,156,000
1,056,000
Trunk Highway
5,350,000
5,522,000

$1,100,000 in the first year is from the general
fund for port development assistance grants
under Minnesota Statutes, chapter 457A, to
the city of Red Wing and to the Port Authority
of Winona. Any improvements made with the
proceeds of the grants must be publicly owned.
This is a onetime appropriation and is
available in the second year.

$800,000 in each year is from the general fund
for additional rail safety and rail service
activities.

$1,000,000 in the first year is from the general
fund for a grant to the city of Grand Rapids to
fund rail planning studies, design, and
preliminary engineering relating to the
construction of a freight rail line located in the
counties of Itasca, St. Louis, and Lake to serve
local producers and shippers. The city of
Grand Rapids shall collaborate with the Itasca
Economic Development Corporation and the
Itasca County Regional Railroad Authority in
the activities funded with the proceeds of this
grant. This is a onetime appropriation and is
available until June 30, 2019.

Sec. 7.

Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 1, is
amended to read:


Subdivision 1.

Total Appropriation

$
199,838,000
$
deleted text begin 199,407,000 deleted text end new text begin
198,041,000
new text end
Appropriations by Fund
2018
2019
General
19,971,000
14,381,000
Special Revenue
63,945,000
deleted text begin 65,087,000 deleted text end new text begin
1,439,000
new text end
H.U.T.D.
10,474,000
deleted text begin 10,486,000 deleted text end new text begin
9,120,000
new text end
Trunk Highway
105,448,000
109,453,000
new text begin Driver and Vehicle
Services
new text end
new text begin -0-
new text end
new text begin 63,648,000
new text end

The appropriations in this section are to the
commissioner of public safety. The amounts
that may be spent for each purpose are
specified in the following subdivisions.

Sec. 8.

Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 2, is
amended to read:


Subd. 2.

Administration and Related Services

(a) Office of Communications
553,000
573,000
Appropriations by Fund
2018
2019
General
127,000
130,000
Trunk Highway
426,000
443,000
(b) Public Safety Support
6,372,000
deleted text begin 6,569,000
deleted text end new text begin 5,203,000
new text end
Appropriations by Fund
2018
2019
General
1,225,000
1,235,000
H.U.T.D.
1,366,000
deleted text begin 1,366,000 deleted text end new text begin
-0-
new text end
Trunk Highway
3,781,000
3,968,000
(c) Public Safety Officer Survivor Benefits
640,000
640,000

This appropriation is from the general fund
for payment of public safety officer survivor
benefits under Minnesota Statutes, section
299A.44.

If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.

(d) Public Safety Officer Reimbursements
1,367,000
1,367,000

This appropriation is from the general fund to
be deposited in the public safety officer's
benefit account. This money is available for
reimbursements under Minnesota Statutes,
section 299A.465.

(e) Soft Body Armor Reimbursements
700,000
700,000
Appropriations by Fund
2018
2019
General
600,000
600,000
Trunk Highway
100,000
100,000

This appropriation is for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38.

(f) Technology and Support Service
3,777,000
3,814,000
Appropriations by Fund
2018
2019
General
1,353,000
1,365,000
H.U.T.D.
19,000
19,000
Trunk Highway
2,405,000
2,430,000

Sec. 9.

Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 4, is
amended to read:


Subd. 4.

Driver and Vehicle Services

(a) Vehicle Services
30,745,000
31,159,000
Appropriations by Fund
2018
2019
Special Revenue
22,509,000
deleted text begin 22,923,000 deleted text end new text begin
0
new text end
H.U.T.D.
8,236,000
8,236,000
new text begin Driver and Vehicle
Services
new text end
new text begin 0
new text end
new text begin 22,923,000
new text end

The special revenue fund appropriation new text beginin
fiscal year 2018
new text endis from the vehicle services
operating account.new text begin The driver and vehicle
services fund appropriation in fiscal year 2019
is from the vehicle services operating account.
new text end

(b) Driver Services
32,014,000
32,725,000
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin Special Revenue
new text end
new text begin 32,014,000
new text end
new text begin 0
new text end
new text begin Driver and Vehicle
Services
new text end
new text begin 0
new text end
new text begin 32,725,000
new text end

This appropriation is from the driver services
operating account deleted text beginin the special revenue funddeleted text endnew text begin
under Minnesota Statutes, section 299A.705
new text end.

$156,000 in each year is to maintain the
automated knowledge test system.

(c) Minnesota Licensing and Registration System
(MNLARS)
8,000,000
8,000,000
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin Special Revenue
new text end
new text begin 8,000,000
new text end
new text begin 0
new text end
new text begin Driver and Vehicle
Services
new text end
new text begin 0
new text end
new text begin 8,000,000
new text end

This appropriation is for operations and
maintenance of the driver and vehicle
information system known as the Minnesota
Licensing and Registration System.

$1,000,000 in the first year and $5,265,000 in
the second year are from the driver services
operating account deleted text beginin the special revenue funddeleted text endnew text begin
under Minnesota Statutes, section 299A.705
new text end.
This is a onetime appropriation.

$7,000,000 in the first year and $2,735,000 in
the second year are from the vehicle services
operating account deleted text beginin the special revenue funddeleted text endnew text begin
under Minnesota Statutes, section 299A.705
new text end.
This is a onetime appropriation.

Sec. 10. new text beginDEPUTY REGISTRAR REIMBURSEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Reimbursement grants. new text end

new text begin (a) The commissioner of management and
budget must provide reimbursement grants to deputy registrars using the money appropriated
under section 5. The commissioner must provide the grants by August 1, 2018.
new text end

new text begin (b) The commissioner must use existing resources to administer the reimbursements.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin A deputy registrar office operated by the state is not eligible to
receive funds under this section.
new text end

new text begin Subd. 3. new text end

new text begin Aid distribution. new text end

new text begin (a) The reimbursement grant to each deputy registrar, as
identified by the Driver and Vehicle Services-designated office location number, is calculated
as follows:
new text end

new text begin (1) ten percent of available funds allocated equally among all deputy registrars;
new text end

new text begin (2) 45 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee under Minnesota Statutes, section 168.33, subdivision 7, is
retained by each deputy registrar from August 1, 2017, through May 31, 2018, compared
to (ii) the total number of transactions where a filing fee is retained by all deputy registrars
during that time period; and
new text end

new text begin (3) 45 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee is retained by each deputy registrar from July 1, 2014, through
June 30, 2017, compared to (ii) the total number of transactions where a filing fee is retained
by all deputy registrars during that time period.
new text end

new text begin (b) For a deputy registrar appointed after July 1, 2014, the commissioner of management
and budget must identify whether a corresponding discontinued deputy registrar appointment
exists. If a corresponding discontinued deputy registrar is identified, the commissioner must
include the transactions of the discontinued deputy registrar in the calculations under
paragraph (a) for the deputy registrar appointed after July 1, 2014.
new text end

new text begin (c) For a deputy registrar appointed after July 1, 2014, to which paragraph (b) does not
apply, the commissioner of management and budget must calculate the deputy registrar's
proportional share under paragraph (a), clause (3), based on the average number of
transactions where a filing fee is retained among the deputy registrars, as calculated excluding
any deputy registrars for which this paragraph applies.
new text end

new text begin (d) In the calculations under paragraph (a), the commissioner of management and budget
must exclude transactions for (1) a deputy registrar office operated by the state, and (2) a
discontinued deputy registrar for which paragraph (b) does not apply.
new text end

ARTICLE 24

TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2017 Supplement, section 3.972, subdivision 4, is amended
to read:


Subd. 4.

Certain transit financial activity reporting.

(a) The legislative auditor must
perform a transit financial activity review of financial information for the Metropolitan
Council's Transportation Division deleted text beginand the joint powers board under section 297A.992.
Within 14 days of the end of each fiscal quarter,
deleted text end new text begintwo times each year. The first report, due
April 1, must include the quarters ending on September 30 and December 31 of the previous
calendar year. The second report, due October 1, must include the quarters ending on March
31 and June 30 of the current year.
new text endThe legislative auditor must submit the review to the
Legislative Audit Commission and the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance, finance, and ways and
means.

(b) At a minimum, each transit financial activity review must include:

(1) a summary of monthly financial statements, including balance sheets and operating
statements, that shows income, expenditures, and fund balance;

(2) a list of any obligations and agreements entered into related to transit purposes,
whether for capital or operating, including but not limited to bonds, notes, grants, and future
funding commitments;

(3) the amount of funds in clause (2) that has been committed;

(4) independent analysis by the fiscal oversight officer of the fiscal viability of revenues
and fund balance compared to expenditures, taking into account:

(i) all expenditure commitments;

(ii) cash flow;

(iii) sufficiency of estimated funds; and

(iv) financial solvency of anticipated transit projects; and

(5) a notification concerning whether the requirements under paragraph (c) have been
met.

(c) The Metropolitan Council deleted text beginand the joint powers board under section 297A.992deleted text end must
produce monthly financial statements as necessary for the review under paragraph (b),
clause (1), and provide timely information as requested by the legislative auditor.

new text begin (d) This subdivision expires on April 15, 2023.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2016, section 13.461, is amended by adding a subdivision to
read:


new text begin Subd. 33. new text end

new text begin Metropolitan Council special transportation service. new text end

new text begin Data sharing between
the commissioner of human services and the Metropolitan Council to administer and
coordinate transportation services for individuals with disabilities and elderly individuals
is governed by section 473.386, subdivision 9.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018, and applies in the counties
of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2016, section 13.6905, subdivision 3, is amended to read:


Subd. 3.

Motor vehicle registration.

Various data on motor vehicle registrations are
classified under sections 168.327, subdivision 3, and 168.346.new text begin Use of vehicle registration
data is governed by section 168.345.
new text end

Sec. 4.

Minnesota Statutes 2016, section 13.72, subdivision 10, is amended to read:


Subd. 10.

Transportation service data.

new text begin(a) new text endPersonal, medical, financial, familial, or
locational information data pertaining to applicants for or users of services providing
transportation for deleted text beginthe disableddeleted text endnew text begin individuals with disabilitiesnew text end or elderly new text beginindividuals new text endare privatenew text begin
data on individuals
new text end.

new text begin (b) Private transportation service data may be disclosed between the commissioner of
human services and the Metropolitan Council to administer and coordinate human services
programs and transportation services for individuals with disabilities and elderly individuals
under section 473.386.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018, and applies in the counties
of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 5.

Minnesota Statutes 2016, section 80E.13, is amended to read:


80E.13 UNFAIR PRACTICES BY MANUFACTURERS, DISTRIBUTORS,
FACTORY BRANCHES.

It is unlawful and an unfair practice for a manufacturer, distributor, or factory branch
to engage in any of the following practices:

(a) delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or
accessories in reasonable time and in reasonable quantity relative to the new motor vehicle
dealer's facilities and sales potential in the dealer's relevant market area, after having accepted
an order from a new motor vehicle dealer having a franchise for the retail sale of any new
motor vehicle sold or distributed by the manufacturer or distributor, if the new motor vehicle
or new motor vehicle parts or accessories are publicly advertised as being available for
delivery or actually being delivered. This clause is not violated, however, if the failure is
caused by acts or causes beyond the control of the manufacturer;

(b) refuse to disclose to any new motor vehicle dealer handling the same line make, the
manner and mode of distribution of that line make within the relevant market area;

(c) obtain money, goods, service, or any other benefit from any other person with whom
the dealer does business, on account of, or in relation to, the transaction between the dealer
and the other person, other than for compensation for services rendered, unless the benefit
is promptly accounted for, and transmitted to, the new motor vehicle dealer;

(d) increase prices of new motor vehicles which the new motor vehicle dealer had ordered
for private retail consumers prior to the dealer's receiving the written official price increase
notification. A sales contract signed by a private retail consumer shall constitute evidence
of each order if the vehicle is in fact delivered to that customer. In the event of manufacturer
price reductions, the amount of any reduction received by a dealer shall be passed on to the
private retail consumer by the dealer if the retail price was negotiated on the basis of the
previous higher price to the dealer;

(e) offer any refunds or other types of inducements to any new motor vehicle dealer for
the purchase of new motor vehicles of a certain line make without making the same offer
to all other new motor vehicle dealers in the same line make within geographic areas
reasonably determined by the manufacturer;

(f) release to any outside party, except under subpoena or in an administrative or judicial
proceeding involving the manufacturer or dealer, any business, financial, or personal
information which may be provided by the dealer to the manufacturer, without the express
written consent of the dealer or unless pertinent to judicial or governmental administrative
proceedings or to arbitration proceedings of any kind;

(g) deny any new motor vehicle dealer the right of free association with any other new
motor vehicle dealer for any lawful purpose;

(h) unfairly discriminate among its new motor vehicle dealers with respect to warranty
reimbursement or authority granted its new vehicle dealers to make warranty adjustments
with retail customers;

(i) compete with a new motor vehicle dealer in the same line make operating under an
agreement or franchise from the same manufacturer, distributor, or factory branch. A
manufacturer, distributor, or factory branch is considered to be competing when it has an
ownership interest, other than a passive interest held for investment purposes, in a dealership
of its line make located within the state. A manufacturer, distributor, or factory branch shall
not, however, be deemed to be competing when operating a dealership, either temporarily
or for a reasonable period, which is for sale to any qualified independent person at a fair
and reasonable price, or when involved in a bona fide relationship in which an independent
person has made a significant investment subject to loss in the dealership and can reasonably
expect to acquire full ownership and full management and operational control of the
dealership within a reasonable time on reasonable terms and conditions;

(j) prevent a new motor vehicle dealer from transferring or assigning a new motor vehicle
dealership to a qualified transferee. There shall be no transfer, assignment of the franchise,
or major change in the executive management of the dealership, except as is otherwise
provided in sections 80E.01 to 80E.17, without consent of the manufacturer, which shall
not be withheld without good cause. In determining whether good cause exists for
withholding consent to a transfer or assignment, the manufacturer, distributor, factory
branch, or importer has the burden of proving that the transferee is a person who is not of
good moral character or does not meet the franchisor's existing and reasonable capital
standards and, considering the volume of sales and service of the new motor vehicle dealer,
reasonable business experience standards in the market area. Denial of the request must be
in writing and delivered to the new motor vehicle dealer within 60 days after the manufacturer
receives the completed application customarily used by the manufacturer, distributor, factory
branch, or importer for dealer appointments. If a denial is not sent within this period, the
manufacturer shall be deemed to have given its consent to the proposed transfer or change.
In the event of a proposed sale or transfer of a franchise, the manufacturer, distributor,
factory branch, or importer shall be permitted to exercise a right of first refusal to acquire
the franchisee's assets or ownership if:

(1) the franchise agreement permits the manufacturer, distributor, factory branch, or
importer to exercise a right of first refusal to acquire the franchisee's assets or ownership
in the event of a proposed sale or transfer;

(2) the proposed transfer of the dealership or its assets is of more than 50 percent of the
ownership or assets;

(3) the manufacturer, distributor, factory branch, or importer notifies the dealer in writing
within 60 days of its receipt of the complete written proposal for the proposed sale or transfer
on forms generally utilized by the manufacturer, distributor, factory branch, or importer for
such purposes and containing the information required therein and all documents and
agreements relating to the proposed sale or transfer;

(4) the exercise of the right of first refusal will result in the dealer and dealer's owners
receiving the same or greater consideration with equivalent terms of sale as is provided in
the documents and agreements submitted to the manufacturer, distributor, factory branch,
or importer under clause (3);

(5) the proposed change of 50 percent or more of the ownership or of the dealership
assets does not involve the transfer or sale of assets or the transfer or issuance of stock by
the dealer or one or more dealer owners to a family member, including a spouse, child,
stepchild, grandchild, spouse of a child or grandchild, brother, sister, or parent of the dealer
owner; to a manager who has been employed in the dealership for at least four years and is
otherwise qualified as a dealer operator; or to a partnership or corporation owned and
controlled by one or more of such persons; and

(6) the manufacturer, distributor, factory branch, or importer agrees to pay the reasonable
expenses, including reasonable attorney fees, which do not exceed the usual customary and
reasonable fees charged for similar work done for other clients incurred by the proposed
new owner and transferee before the manufacturer, distributor, factory branch, or importer
exercises its right of first refusal, in negotiating and implementing the contract for the
proposed change of ownership or transfer of dealership assets. However, payment of such
expenses and attorney fees shall not be required if the dealer has not submitted or caused
to be submitted an accounting of those expenses within 20 days after the dealer's receipt of
the manufacturer, distributor, factory branch, or importer's written request for such an
accounting. The manufacturer, distributor, factory branch, or importer may request such an
accounting before exercising its right of first refusal. The obligation created under this clause
is enforceable by the transferee;

(k) threaten to modify or replace or modify or replace a franchise with a succeeding
franchise that would adversely alter the rights or obligations of a new motor vehicle dealer
under an existing franchise or that substantially impairs the sales or service obligations or
investments of the motor vehicle dealer;

(l) unreasonably deny the right to acquire factory program vehicles to any dealer holding
a valid franchise from the manufacturer to sell the same line make of vehicles, provided
that the manufacturer may impose reasonable restrictions and limitations on the purchase
or resale of program vehicles to be applied equitably to all of its franchised dealers. For the
purposes of this paragraph, "factory program vehicle" has the meaning given the term in
section 80E.06, subdivision 2;

(m) fail or refuse to offer to its same line make franchised dealers all models manufactured
for that line make, other than alternative fuel vehicles as defined in section 216C.01,
subdivision 1b
. Failure to offer a model is not a violation of this section if the failure is not
arbitrary and is due to a lack of manufacturing capacity, a strike, labor difficulty, or other
cause over which the manufacturer, distributor, or factory branch has no control;

(n) require a dealer to pay an extra fee, or remodel, renovate, or recondition the dealer's
existing facilities, or purchase unreasonable advertising displays, training, tools, or other
materials, or to require the dealer to establish exclusive facilities or dedicated personnel as
a prerequisite to receiving a model or a series of vehicles;

(o) require a dealer to adhere to performance standards that are not applied uniformly
to other similarly situated dealers.

A performance standard, sales objective, or program for measuring dealership performance
that may have a material effect on a dealer, including the dealer's right to payment under
any incentive or reimbursement program, and the application of the standard or program
by a manufacturer, distributor, or factory branch must be fair, reasonable, equitable, and
based on accurate information.

A manufacturer, distributor, or factory branch has the burden of proving that the performance
standard, sales objective, or program for measuring dealership performance is fair and
reasonable under this subdivision;

(p) unreasonably reduce a dealer's area of sales effectiveness without giving at least 90
days' notice of the proposed reduction. The change may not take effect if the dealer
commences a civil action to determine whether there is good cause for the change within
the 90 days' notice period. The burden of proof in such an action shall be on the manufacturer
or distributor; deleted text beginor
deleted text end

(q) to charge back, withhold payment, deny vehicle allocation, or take any other adverse
action against a dealer when a new vehicle sold by the dealer has been exported to a foreign
country, unless the manufacturer, distributor, or factory branch can show that at the time
of sale, the customer's information was listed on a known or suspected exporter list made
available to the dealer, or the dealer knew or reasonably should have known of the purchaser's
intention to export or resell the motor vehicle in violation of the manufacturer's export
policy. There is a rebuttable presumption that the dealer did not know or should not have
reasonably known that the vehicle would be exported or resold in violation of the
manufacturer's export policy if the vehicle is titled and registered in any state of the United
Statesdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (r) to implement a charge back or withhold payment to a dealer that is solely due to an
unreasonable delay by the registrar, as defined in section 168.002, subdivision 29, in the
transfer or registration of a new motor vehicle. The dealer must give the manufacturer notice
of the state's delay in writing. Within 30 days of any notice of a charge back, withholding
of payments, or denial of a claim, the dealer must transmit to the manufacturer (1)
documentation to demonstrate the vehicle sale and delivery as reported; and (2) a written
attestation signed by the dealer operator or general manager stating that the delay is
attributable to the state. This clause expires on June 30, 2021.
new text end

Sec. 6.

Minnesota Statutes 2017 Supplement, section 160.02, subdivision 1a, is amended
to read:


Subd. 1a.

Bikeway.

"Bikeway" deleted text beginmeans a bicycle lane, bicycle path, shared use path,
bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive
use of bicycles or for shared use with other transportation modes
deleted text endnew text begin has the meaning given in
section 169.011, subdivision 9
new text end.

Sec. 7.

Minnesota Statutes 2016, section 160.263, subdivision 2, is amended to read:


Subd. 2.

Powers of political subdivisions.

(a) The governing body of any political
subdivision may by ordinance or resolution:

(1) designate any roadway or shoulder or portion thereof under its jurisdiction as a
bicycle lane or bicycle route;

(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
provided that the designation does not destroy a pedestrian way or pedestrian access;

(3) develop and designate bicycle paths;

(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.

(b) A governing body may not prohibit or otherwise restrict operation of an
electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any bikeway,
roadway, or shoulder, unless the governing body determines that operation of the
electric-assisted bicycle is not consistent with (1) the safety or general welfare of bikeway,
roadway, or shoulder users; or (2) the terms of any property conveyance.

new text begin (c) A governing body is prohibited from establishing a bikeway in a segment of public
road right-of-way that results in elimination or relocation of any disability parking that is
designated under section 169.346, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 8.

Minnesota Statutes 2016, section 160.295, subdivision 5, is amended to read:


Subd. 5.

Rural agricultural business or tourist-oriented business.

new text begin(a) new text endA rural
agricultural or tourist-oriented business new text beginserviced by a specific service sign new text endmust be open a
minimum of eight hours per day, six days per week, and 12 months per year. deleted text beginHowever,
deleted text end

new text begin (b)new text end A seasonal business deleted text beginmay qualify if it isdeleted text endnew text begin serviced by a specific service sign must benew text end
open eight hours per day and six days per week during the normal seasonal period.

new text begin (c) A farm winery serviced by a specific service sign must:
new text end

new text begin (1) be licensed under section 340A.315;
new text end

new text begin (2) be licensed by the Department of Health under section 157.16 or by the commissioner
of agriculture under section 28A.04;
new text end

new text begin (3) provide continuous, staffed food service operation; and
new text end

new text begin (4) be open at least four hours per day and two days per week.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 9.

Minnesota Statutes 2016, section 161.115, subdivision 111, is amended to read:


Subd. 111.

Route No. 180.

Beginning at a point on Route No. deleted text begin392 southwest or west
of Ashby
deleted text endnew text begin 3 at or near Erdahlnew text end, thence extending in a general northerly or northeasterly
direction to a point on deleted text beginRoute No. 153 as herein established at or near Ashby, thence extending
in a northeasterly direction to a point on
deleted text end Route No. 181 as herein established at or near
Ottertail.

Sec. 10.

Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:


new text begin Subd. 88. new text end

new text begin Trooper Ray Krueger Memorial Highway. new text end

new text begin That segment of marked Trunk
Highway 210 within Cass County is designated as "Trooper Ray Krueger Memorial
Highway." Subject to section 161.139, the commissioner shall adopt a suitable design to
mark this highway and erect appropriate signs in the vicinity of the location where Trooper
Krueger died.
new text end

Sec. 11.

Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:


new text begin Subd. 89. new text end

new text begin Warrant Officer Dennis A. Groth Memorial Bridge. new text end

new text begin The bridge on marked
U.S. Highway 52 over Dakota County State-Aid Highway 42, known as 145th Street within
the city of Rosemount, is designated as "Warrant Officer Dennis A. Groth Memorial Bridge."
Subject to section 161.139, the commissioner shall adopt a suitable design to mark the
bridge and erect appropriate signs.
new text end

Sec. 12.

Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:


new text begin Subd. 90. new text end

new text begin Specialist Noah Pierce Bridge. new text end

new text begin The bridge on marked U.S. Highway 53 over
marked Trunk Highway 37 in the city of Eveleth is designated as "Specialist Noah Pierce
Bridge." Subject to section 161.139, the commissioner shall adopt a suitable design to mark
this bridge and erect appropriate signs.
new text end

Sec. 13.

Minnesota Statutes 2016, section 161.32, subdivision 2, is amended to read:


Subd. 2.

Direct negotiation.

In cases where the estimated cost of construction work or
maintenance work does not exceed deleted text begin$150,000deleted text endnew text begin $250,000new text end, the commissioner may enter into
a contract for the work by direct negotiation, by obtaining two or more quotations for the
work, and without advertising for bids or otherwise complying with the requirements of
competitive bidding if the total contractual obligation of the state for the directly negotiated
contract or contracts on any single project does not exceed deleted text begin$150,000deleted text endnew text begin $250,000new text end. All quotations
obtained shall be kept on file for a period of at least one year after receipt of the quotation.

Sec. 14.

Minnesota Statutes 2017 Supplement, section 168.013, subdivision 1a, is amended
to read:


Subd. 1a.

Passenger automobile; hearse.

(a) On passenger automobiles as defined in
section 168.002, subdivision 24, and hearses, except as otherwise provided, the tax is $10
plus an additional tax equal to 1.25 percent of the base value.

(b) Subject to the classification provisions herein, "base value" means the manufacturer's
suggested retail price of the vehicle including destination charge using list price information
published by the manufacturer or determined by the registrar if no suggested retail price
exists, and shall not include the cost of each accessory or item of optional equipment
separately added to the vehicle and the suggested retail price.new text begin In the case of the first
registration of a new vehicle sold or leased by a licensed dealer, the dealer may elect to
individually determine the base value of the vehicle using suggested retail price information
provided by the manufacturer. The registrar must use the base value determined by the
dealer to properly classify the vehicle. A dealer that elects to make the determination must
retain a copy of the suggested retail price label or other supporting documentation with the
vehicle transaction records maintained under Minnesota Rules, part 7400.5200.
new text end

(c) If the manufacturer's list price information contains a single vehicle identification
number followed by various descriptions and suggested retail prices, the registrar shall
select from those listings only the lowest price for determining base value.

(d) If unable to determine the base value because the vehicle is specially constructed,
or for any other reason, the registrar may establish such value upon the cost price to the
purchaser or owner as evidenced by a certificate of cost but not including Minnesota sales
or use tax or any local sales or other local tax.

(e) The registrar shall classify every vehicle in its proper base value class as follows:

FROM
TO
$
0
$ 199.99
$
200
$ 399.99

and thereafter a series of classes successively set in brackets having a spread of $200
consisting of such number of classes as will permit classification of all vehicles.

(f) The base value for purposes of this section shall be the middle point between the
extremes of its class.

(g) The registrar shall establish the base value, when new, of every passenger automobile
and hearse registered prior to the effective date of Extra Session Laws 1971, chapter 31,
using list price information published by the manufacturer or any nationally recognized
firm or association compiling such data for the automotive industry. If unable to ascertain
the base value of any registered vehicle in the foregoing manner, the registrar may use any
other available source or method. The registrar shall calculate tax using base value
information available to dealers and deputy registrars at the time the application for
registration is submitted. The tax on all previously registered vehicles shall be computed
upon the base value thus determined taking into account the depreciation provisions of
paragraph (h).

(h) The annual additional tax must be computed upon a percentage of the base value as
follows: during the first year of vehicle life, upon 100 percent of the base value; for the
second year, 90 percent of such value; for the third year, 80 percent of such value; for the
fourth year, 70 percent of such value; for the fifth year, 60 percent of such value; for the
sixth year, 50 percent of such value; for the seventh year, 40 percent of such value; for the
eighth year, 30 percent of such value; for the ninth year, 20 percent of such value; for the
tenth year, ten percent of such value; for the 11th and each succeeding year, the sum of $25.

(i) In no event shall the annual additional tax be less than $25.

(j) For any vehicle previously registered in Minnesota and regardless of prior ownership,
the total amount due under this subdivision and subdivision 1m must not exceed the smallest
total amount previously paid or due on the vehicle.

Sec. 15.

Minnesota Statutes 2016, section 168.013, subdivision 6, is amended to read:


Subd. 6.

Listing by dealers.

new text begin(a) new text endThe owner of every motor vehicle not exempted by
section 168.012 or 168.28deleted text begin, shalldeleted text endnew text begin mustnew text end, so long as it is subject to taxation within the state,
new text begin annually new text endlist deleted text beginanddeleted text endnew text begin,new text end register deleted text beginthe samedeleted text endnew text begin,new text end and pay the tax deleted text beginherein provided annually; provided,
however, that any dealer in
deleted text endnew text begin under this section.
new text end

new text begin (b) A new text endmotor deleted text beginvehicles, to whom dealer's plates havedeleted text endnew text begin vehicle dealer that hasnew text end been issued
deleted text begin as provided indeleted text endnew text begin dealer's plates undernew text end this chapterdeleted text begin, comingdeleted text endnew text begin and comesnew text end into the possession of
deleted text begin any suchdeleted text endnew text begin anew text end motor vehicle to be held solely for deleted text beginthe purpose ofdeleted text end sale or demonstration or bothdeleted text begin,
shall be
deleted text endnew text begin isnew text end entitled to withhold the tax new text begindue on the vehicle from the prior registration period
or
new text endbecoming due deleted text beginon such vehicledeleted text end for the following yearnew text begin, and no lien for registration tax as
provided in section 168.31, subdivision 6, attaches
new text end. Whendeleted text begin, thereafter, suchdeleted text endnew text begin thenew text end vehicle is
deleted text begin otherwisedeleted text endnew text begin subsequentlynew text end used or deleted text beginisdeleted text end sold, leased, or rented to another person, firm, corporation,
or association, the tax for the remainder of the year, prorated on a monthly basis, deleted text beginshall
become
deleted text endnew text begin becomesnew text end payable immediately.

Sec. 16.

Minnesota Statutes 2016, section 168.10, subdivision 1h, is amended to read:


Subd. 1h.

Collector military vehicle.

(a) A motor vehicle, including a truck, deleted text beginshalldeleted text endnew text begin mustnew text end
be listed and registered under this section if it meets the following conditions:

(1) it is at least 20 years old;

(2) its first owner following its manufacture was a branch of the armed forces of the
United States and it presently conforms to the vehicle specifications required during the
time of military ownership, or it has been restored and presently conforms to the
specifications required by a branch of the armed forces for the model year that the restored
vehicle could have been owned by that branch of the armed forces; and

(3) it is owned by a nonprofit organization and operated solely as a collector's vehicle.
For purposes of this subdivision, "nonprofit organization" means a corporation, society,
association, foundation, or institution organized and operated exclusively for historical or
educational purposes, no part of the net earnings of which inures to the benefit of a private
individual.

(b) The owner of the vehicle deleted text beginshalldeleted text endnew text begin mustnew text end execute an affidavit stating the name and address
of the person from whom purchased and of the new owner; the make, year, and model
number of the motor vehicle; the manufacturer's identification number; and the collector
military vehicle identification number, if any, located on the exterior of the vehicle. The
affidavit must affirm that the vehicle is owned by a nonprofit organization and is operated
solely as a collector's item and not for general transportation purposes. If the commissioner
is satisfied that the affidavit is true and correct and the owner pays a $25 tax and the plate
fee authorized under section 168.12, the commissioner deleted text beginshalldeleted text endnew text begin mustnew text end list the vehicle for taxation
and registration and deleted text beginshalldeleted text end issue number plates. The number plates deleted text beginshalldeleted text endnew text begin mustnew text end bear the
inscriptions "Collector" and "Minnesota" and the registration number, but no date. The
number plates are valid without renewal as long as the vehicle is in existence in Minnesota.
The commissioner may revoke the plates for failure to comply with this subdivision.

(c) Notwithstanding section 168.09, 168.12, or other law to the contrary, the owner of
a registered collector military vehicle is not required to display registration plates on the
exterior of the vehicle if the vehicle has an exterior number identification that conforms to
the identifying system for military vehicles in effect when the vehicle was last owned by
the branch of the armed forces of the United States or in effect in the year to which the
collector military vehicle has been restored. However, the state registration plates must be
carried in or on the collector military vehicle at all times.

(d) The owner of a registered collector military vehicle that is not required to display
registration plates under paragraph (c) may tow a registered trailer behind it. The trailer is
not required to display registration plates if the trailer:

(1) does not exceed a gross weight of 15,000 pounds;

(2) otherwise conforms to registration, licensing, and safety laws and specifications;

(3) conforms to military specifications for appearance and identification;

(4) is intended to represent and does represent a military trailer; and

(5) carries registration plates on or in the trailer or the collector military vehicle towing
the trailer.

new text begin (e) This subdivision does not apply to a decommissioned military vehicle that (1) was
also manufactured and sold as a comparable civilian vehicle, and (2) has the same size
dimensions and vehicle weight as the comparable civilian vehicle. A decommissioned
military vehicle under this paragraph is eligible for a motor vehicle title under chapter 168A
and is subject to the same registration, insurance, equipment, and operating requirements
as a motor vehicle.
new text end

Sec. 17.

Minnesota Statutes 2016, section 168.101, subdivision 2a, is amended to read:


Subd. 2a.

Failure to deleted text beginsend to registrardeleted text endnew text begin submitnew text end within ten days.

Any person who fails
to mail in the application for registration or transfer with appropriate taxes and fees to thenew text begin
registrar or a deputy
new text end registrar deleted text beginof motor vehiclesdeleted text endnew text begin,new text end or otherwise fails to submit deleted text beginsaiddeleted text endnew text begin thenew text end forms
and remittance deleted text beginto the registrardeleted text endnew text begin,new text end within ten days following date of sale deleted text beginshall bedeleted text endnew text begin isnew text end guilty of a
misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 18.

Minnesota Statutes 2016, section 168.127, subdivision 4, is amended to read:


Subd. 4.

Filing registration applications.

Initial fleet applications for registration and
renewals must be filed with the registrar or deleted text beginauthorizeddeleted text end new text begina new text enddeputy registrar.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 19.

Minnesota Statutes 2016, section 168.127, subdivision 6, is amended to read:


Subd. 6.

Fee.

deleted text beginInstead of the filing fee described in section 168.33, subdivision 7,deleted text endnew text begin For
each vehicle in the fleet,
new text end the applicant for fleet registration deleted text beginshalldeleted text endnew text begin mustnew text end paynew text begin:
new text end

new text begin (1) the filing fee in section 168.33, subdivision 7, for transactions processed by a deputy
registrar; or
new text end

new text begin (2)new text end an deleted text beginequivalentdeleted text end administrative fee deleted text beginto the commissioner for each vehicle in the fleet.deleted text endnew text begin
for transactions processed by the registrar, which is imposed in lieu of but in the same
amount as the filing fee in section 168.33, subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 20.

Minnesota Statutes 2016, section 168.27, is amended by adding a subdivision to
read:


new text begin Subd. 32. new text end

new text begin Multiple licenses. new text end

new text begin If a single legal entity holds more than one new or used
vehicle dealer license, new and used vehicles owned by the entity may be held and offered
for sale at any of the licensed dealership locations without assigning vehicle ownership or
title from one licensee to another. This subdivision does not authorize the sale or offering
for sale of new vehicles by a licensee that is not authorized by the manufacturer to sell that
make of new vehicles.
new text end

Sec. 21.

Minnesota Statutes 2016, section 168.27, is amended by adding a subdivision to
read:


new text begin Subd. 33. new text end

new text begin Designated dealer title and registration liaison. new text end

new text begin The registrar must designate
by name and provide contact information for one or more department employees as needed
to (1) promptly and effectively respond to questions from licensed dealers, and (2)
troubleshoot dealer issues related to vehicle titling and registration.
new text end

Sec. 22.

Minnesota Statutes 2016, section 168.301, subdivision 3, is amended to read:


Subd. 3.

Late fee.

In addition to any fee or tax otherwise authorized or imposed upon
the transfer of title for a motor vehicle, the deleted text begincommissioner of public safety shalldeleted text endnew text begin registrar
must
new text end impose a $2 additional fee for failure to deliver a title transfer within ten business
days.new text begin This subdivision does not apply to transfers from licensed vehicle dealers.
new text end

Sec. 23.

Minnesota Statutes 2016, section 168.326, is amended to read:


168.326 EXPEDITED DRIVER AND VEHICLE SERVICES; FEE.

(a) When an applicant requests and pays an expedited service fee of $20, in addition to
other specified and statutorily mandated fees and taxes, the deleted text begincommissionerdeleted text endnew text begin registrar or, if
appropriate, a driver's license agent or deputy registrar,
new text end shall expedite the processing of an
application for a driver's license, driving instruction permit, Minnesota identification card,
or vehicle title transaction.

(b) A driver's license agent or deputy registrar may retain $10 of the expedited service
fee for each expedited service request processed by the licensing agent or deputy registrar.

(c) When expedited service is requested, materials must be mailed or delivered to the
requester within three days of receipt of the expedited service fee excluding Saturdays,
Sundays, or the holidays listed in section 645.44, subdivision 5. The requester deleted text beginshalldeleted text endnew text begin mustnew text end
comply with all relevant requirements of the requested document.

(d) The deleted text begincommissionerdeleted text endnew text begin registrarnew text end may decline to accept an expedited service request if it
is apparent at the time it is made that the request cannot be granted.new text begin The commissioner must
not decline an expedited service request and must not prevent a driver's license agent or
deputy from accepting an expedited service request solely on the basis of limitations of the
driver and vehicle services information technology system.
new text end

(e) The expedited service fees collected under this section for an application for a driver's
license, driving instruction permit, or Minnesota identification card minus any portion
retained by a licensing agent or deputy registrar under paragraph (b) must be paid into the
driver services operating account in the special revenue fund specified under section
299A.705.

(f) The expedited service fees collected under this section for a transaction for a vehicle
service minus any portion retained by a licensing agent or deputy registrar under paragraph
(b) must be paid into the vehicle services operating account in the special revenue fund
specified under section 299A.705.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1, 2019.
new text end

Sec. 24.

Minnesota Statutes 2016, section 168.33, subdivision 8a, is amended to read:


Subd. 8a.

Electronic transmission.

new text begin(a) new text endIf the commissioner accepts electronic
transmission of a motor vehicle transfer and registration by a new or used motor vehicle
dealer, a deputy registrar who is equipped with electronic transmission technology and
trained in its use shall receive the filing fee provided for in subdivision 7 and review the
transfer of each new or used motor vehicle to determine its genuineness and regularity
before issuance of a certificate of title, and shall receive and retain the filing fee under
subdivision 7, paragraph (a), clause deleted text begin(ii)deleted text endnew text begin (2)new text end.

new text begin (b) The commissioner must establish reasonable performance, security, technical, and
financial standards to approve companies that provide computer software and services to
motor vehicle dealers to electronically transmit vehicle title transfer and registration
information. An approved company must be offered access to department facilities, staff,
and technology on a fair and reasonable basis.
new text end

Sec. 25.

Minnesota Statutes 2016, section 168.33, is amended by adding a subdivision to
read:


new text begin Subd. 8b. new text end

new text begin Transactions by mail. new text end

new text begin A deputy registrar may receive motor vehicle
applications and submissions under this chapter and chapter 168A by mail, process the
transactions, and retain the appropriate filing fee under subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 26.

Minnesota Statutes 2016, section 168.345, subdivision 2, is amended to read:


Subd. 2.

Lessees; information.

The commissioner may not furnish information about
registered owners of passenger automobiles who are lessees under a lease for a term of 180
days or more to any person except the personnel of law enforcement agencies deleted text beginanddeleted text endnew text begin, trade
associations performing a member service under section 604.15, subdivision 4a,
new text end federal,
state, and local governmental units, and, at the commissioner's discretion, to persons who
use the information to notify lessees of automobile recalls. The commissioner may release
information about lessees in the form of summary data, as defined in section 13.02, to
persons who use the information in conducting statistical analysis and market research.

Sec. 27.

Minnesota Statutes 2016, section 168.346, subdivision 1, is amended to read:


Subdivision 1.

Vehicle registration data; federal compliance.

(a) Data on an individual
provided to register a vehicle shall be treated as provided by United States Code, title 18,
section 2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted
by that section. new text beginThe commissioner is prohibited from restricting the uses for which a licensed
dealer may obtain data as permitted by United States Code, title 18, section 2721, subsections
(b)(2), (3), (7), and (13).
new text endThe commissioner shall disclose the data in bulk form to an
authorized recipient upon request for any of the permissible uses described in United States
Code, title 18, section 2721.

(b) The registered owner of a vehicle who is an individual may consent in writing to the
commissioner to disclose the individual's personal information exempted by United States
Code, title 18, section 2721, to any person who makes a written request for the personal
information. If the registered owner is an individual and so authorizes disclosure, the
commissioner shall implement the request.

(c) If authorized by the registered owner as indicated in paragraph (b), the registered
owner's personal information may be used, rented, or sold solely for bulk distribution by
organizations for business purposes including surveys, marketing, or solicitation.

Sec. 28.

Minnesota Statutes 2016, section 168A.02, subdivision 1, is amended to read:


Subdivision 1.

Application for certificate of title.

new text begin(a) new text endExcept as provided in section
168A.03, every owner of a vehicle which is in this state and for which no currently effective
certificate of title has been issued in this state deleted text beginshall make applicationdeleted text endnew text begin must applynew text end to the
department for a certificate of title of the vehicle, pursuant to rules adopted by the department
under section 168A.24, subdivision 2, clause deleted text begin3deleted text endnew text begin (3)new text end.

new text begin (b) A decommissioned military vehicle that (1) was also manufactured and sold as a
comparable civilian vehicle, and (2) has the same size dimensions and vehicle weight as
the comparable civilian vehicle, is eligible for a certificate of title under this chapter.
new text end

Sec. 29.

Minnesota Statutes 2016, section 168A.12, subdivision 2, is amended to read:


Subd. 2.

Owner's interest terminated or vehicle sold by secured party.

If the interest
of the owner is terminated or the vehicle is sold under a security agreement by a secured
party named in the certificate of titlenew text begin or an assignee of the secured partynew text end, the transferee deleted text beginshalldeleted text endnew text begin
must
new text end promptly mail or deliver to the department the last certificate of title, if available, an
application for a new certificate in the format the department prescribes, and an affidavit
made by or on behalf of the secured party new text beginor assignee new text endthat the interest of the owner was
lawfully terminated or the vehicle sold pursuant to the terms of the security agreement. If
the secured party new text beginor assignee new text endsucceeds to the interest of the owner and holds the vehicle for
resale, the secured party new text beginor assignee new text endneed not secure a new certificate of titlenew text begin;new text end provided that
a notice thereof in a format designated by the department is mailed or delivered by the
secured party new text beginor assignee new text endto the department in duplicate within 48 hours, but upon transfer
to another person the secured party new text beginor assignee new text endshall promptly execute assignment and
warranty of title and mail or deliver to the transferee or the department the certificate, if
available, the affidavit, and other documents required to be sent to the department by the
transferee.

Sec. 30.

Minnesota Statutes 2016, section 168A.151, subdivision 1, is amended to read:


Subdivision 1.

Salvage titles.

(a) When an insurer, licensed to conduct business in
Minnesota, acquires ownership of a deleted text beginlate-model or high-valuedeleted text end vehicle through payment of
damages, the insurer deleted text beginshalldeleted text endnew text begin mustnew text end immediately apply for a salvage certificate of title or deleted text beginshalldeleted text endnew text begin
must
new text end stamp the existing certificate of title with the legend "SALVAGE CERTIFICATE OF
TITLE" in a manner prescribed by the department. Within ten days of obtaining the title of
a vehicle through payment of damages, an insurer must notify the department in a manner
prescribed by the department.

(b) A person deleted text beginshalldeleted text endnew text begin mustnew text end immediately apply for a salvage certificate of title if the person
acquires a damaged deleted text beginlate-model or high-valuedeleted text end vehicle with an out-of-state title and the
vehicle:

(1) is a vehicle that was acquired by an insurer through payment of damages;

(2) is a vehicle for which the cost of repairs exceeds the value of the damaged vehicle;
or

(3) has an out-of-state salvage certificate of title as proof of ownership.

(c) A self-insured owner of a deleted text beginlate-model or high-valuedeleted text end vehicle that sustains damage by
collision or other occurrence which exceeds 80 percent of its actual cash value deleted text beginshalldeleted text endnew text begin mustnew text end
immediately apply for a salvage certificate of title.

Sec. 31.

Minnesota Statutes 2016, section 168A.17, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Notice of perfection by dealer. new text end

new text begin When a security interest in a vehicle sold by
a dealer licensed under section 168.27 is perfected under subdivision 2, the dealer may
provide a statement of perfection to the secured party on a form provided by the department.
The statement must certify compliance with subdivision 2 and contain the date of delivery
to the department. The information provided in the dealer's statement is considered prima
facie evidence of the facts contained in it.
new text end

Sec. 32.

new text begin [168A.241] MOTOR VEHICLE TITLE AND REGISTRATION ADVISORY
COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Members. new text end

new text begin (a) The Motor Vehicle Title and Registration Advisory
Committee consists of the following 13 members:
new text end

new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end

new text begin (3) one representative from the Minnesota Deputy Registrar's Association;
new text end

new text begin (4) one representative from the Minnesota Automobile Dealers Association;
new text end

new text begin (5) one representative from the Northland Independent Automobile Dealers Association;
new text end

new text begin (6) one staff member from the Department of Public Safety Driver and Vehicle Services
Division;
new text end

new text begin (7) two representatives from deputy registrars, appointed by the commissioner;
new text end

new text begin (8) two representatives from dealers licensed under section 168.27, appointed by the
commissioner; and
new text end

new text begin (9) one representative who performs auctions exclusively for dealers licensed under
section 168.27 and not for the general public, appointed by the commissioner following
consultation with eligible auto auction businesses.
new text end

new text begin (b) Section 15.059 governs the Motor Vehicle Title and Registration Advisory Committee,
except that committee members must not receive compensation for serving on the advisory
committee.
new text end

new text begin Subd. 2. new text end

new text begin Organization. new text end

new text begin (a) The members of the advisory committee must annually elect
a chair and other officers as the members deem necessary.
new text end

new text begin (b) The advisory committee must meet at least two times per year.
new text end

new text begin Subd. 3. new text end

new text begin Open meetings. new text end

new text begin The advisory committee is subject to chapter 13D. An advisory
committee meeting occurs when a quorum is present and the members receive information,
discuss, or take action on any matter relating to the advisory committee's duties. The advisory
committee may conduct meetings as provided in section 13D.015 or 13D.02. The advisory
committee may conduct meetings at any location in the state that is appropriate for the
purposes of the advisory committee, provided the location is open and accessible to the
public. For legislative members of the advisory committee, enforcement of this subdivision
is governed by section 3.055, subdivision 2. For nonlegislative members of the advisory
committee, enforcement of this subdivision is governed by section 13D.06, subdivisions 1
and 2.
new text end

new text begin Subd. 4. new text end

new text begin Staff. new text end

new text begin The commissioner must provide support staff, office space, and
administrative services to the advisory committee.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin The advisory committee's duties include but are not limited to:
new text end

new text begin (1) serving in an advisory capacity to the commissioner of public safety and the director
of driver and vehicle services on matters relevant to:
new text end

new text begin (i) effective and efficient systems relating to the ownership, transfer, and registration of
motor vehicles; and
new text end

new text begin (ii) planning and implementing future changes and enhancements to vehicle registration
systems; and
new text end

new text begin (2) reviewing and making recommendations with respect to work plans, policy initiatives,
major activities, and strategic planning.
new text end

new text begin Subd. 6. new text end

new text begin Report and recommendations. new text end

new text begin By February 15 each year, the commissioner
must prepare and submit to the chairs and ranking minority members of the committees of
the house of representatives and the senate with jurisdiction over motor vehicle title and
registration a report that summarizes the advisory committee's activities, issues identified
by the advisory committee, methods taken to address the issues, and recommendations for
legislative action, if needed.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The advisory committee expires June 30, 2021.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective July 1, 2018. The
initial report under subdivision 6 must be submitted on or before February 15, 2019.
new text end

Sec. 33.

Minnesota Statutes 2016, section 168A.29, subdivision 1, is amended to read:


Subdivision 1.

Amounts.

(a) The department must be paid the following fees:

(1) for filing an application for and the issuance of an original certificate of title, deleted text beginthe
sum of:
deleted text end

deleted text begin (i) until December 31, 2016, $6.25 of which $3.25 must be paid into the vehicle services
operating account of the special revenue fund under section 299A.705, and from July 1,
2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver
and vehicle services technology account; and
deleted text end

deleted text begin (ii) on and after January 1, 2017,deleted text end $8.25new text begin,new text end of which $4.15 must be paid into the vehicle
services operating accountnew text begin under section 299A.705new text end;

(2) for each security interest when first noted upon a certificate of title, including the
concurrent notation of any assignment thereof and its subsequent release or satisfaction, deleted text beginthe
sum of
deleted text end $2, except that no fee is due for a security interest filed by a public authority under
section 168A.05, subdivision 8;

deleted text begin (3) until December 31, 2016, for the transfer of the interest of an owner and the issuance
of a new certificate of title, the sum of $5.50 of which $2.50 must be paid into the vehicle
services operating account of the special revenue fund under section 299A.705, and from
July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to
the driver and vehicle services technology account;
deleted text end

deleted text begin (4)deleted text end new text begin(3) new text endfor each assignment of a security interest when first noted on a certificate of title,
unless noted concurrently with the security interest, deleted text beginthe sum ofdeleted text end $1; and

deleted text begin (5)deleted text endnew text begin (4)new text end for issuing a duplicate certificate of title, deleted text beginthe sum ofdeleted text end $7.25new text begin,new text end of which $3.25 must
be paid into the vehicle services operating account deleted text beginof the special revenue funddeleted text end under section
299A.705deleted text begin; from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee
and credited to the driver and vehicle services technology account
deleted text end.

(b) In addition to the fee required under paragraph (a), clause (1), the department must
be paid $3.50. The additional $3.50 fee collected under this paragraph must be deposited
in the special revenue fund and credited to the public safety motor vehicle account established
in section 299A.70.

Sec. 34.

Minnesota Statutes 2016, section 169.011, subdivision 5, is amended to read:


Subd. 5.

Bicycle lane.

"Bicycle lane" means a portion of a roadway deleted text beginor shoulderdeleted text end designed
for exclusive or preferential use by persons using bicycles. Bicycle lanes are to be
distinguished from the portion of the roadway deleted text beginor shoulderdeleted text end used for motor vehicle traffic by
physical barrier, striping, marking, or other similar device.

Sec. 35.

Minnesota Statutes 2016, section 169.011, subdivision 9, is amended to read:


Subd. 9.

Bikeway.

"Bikeway" means a bicycle lane, bicycle path, deleted text beginordeleted text end bicycle route,new text begin shared
use path, or similar bicycle facility,
new text end regardless of whether it is designed for the exclusive
use of bicycles or deleted text beginis to bedeleted text endnew text begin fornew text end sharednew text begin usenew text end with other transportation modes.

Sec. 36.

Minnesota Statutes 2016, section 169.011, subdivision 60, is amended to read:


Subd. 60.

Railroad train.

"Railroad train" means a steam engine, electric or other motor,
with or without cars coupled thereto, operated upon rails, except streetcars.new text begin Railroad train
includes on-track equipment or other rolling stock operated upon rails, whether self-propelled
or coupled to another device, if the on-track equipment or rolling stock activates grade
crossing warning signals or gates when signals are present.
new text end

Sec. 37.

Minnesota Statutes 2016, section 169.14, subdivision 5, is amended to read:


Subd. 5.

Zoning within local area.

new text begin(a) new text endWhen local authorities believe that the existing
speed limit upon any street or highway, or part thereof, within their respective jurisdictions
and not a part of the trunk highway system is greater or less than is reasonable or safe under
existing conditions, they may request the commissioner to authorize, upon the basis of an
engineering and traffic investigation, the erection of appropriate signs designating what
speed is reasonable and safe, and the commissioner may authorize the erection of appropriate
signs designating a reasonable and safe speed limit thereat, which speed limit shall be
effective when such signs are erected. Any speeds in excess of these speed limits shall be
prima facie evidence that the speed is not reasonable or prudent and that it is unlawful;
except that any speed limit within any municipality shall be a maximum limit and any speed
in excess thereof shall be unlawful. Alteration of speed limits on streets and highways shall
be made only upon authority of the commissioner except as provided in subdivision 5a.

new text begin (b) At the request of a county board, the commissioner may establish a speed limit in
excess of 55 miles per hour on a county road or county state-aid highway upon the basis of
an engineering and traffic investigation. The county engineer must erect appropriate signs
and the increased speed limit is effective when the signs are erected.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 38.

Minnesota Statutes 2016, section 169.18, subdivision 3, is amended to read:


Subd. 3.

Passing.

deleted text begin The following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations, exceptions, and special rules
hereinafter stated:
deleted text end

deleted text begin (1)deleted text endnew text begin (a)new text end The driver of a vehicle overtaking another vehicle proceeding in the same direction
deleted text begin shalldeleted text endnew text begin mustnew text end pass to the left deleted text beginthereofdeleted text endnew text begin of the other vehiclenew text end at a safe distance and deleted text beginshall not again
drive
deleted text endnew text begin is prohibited from returningnew text end to the right side of the roadway until safely clear of the
overtaken vehicledeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (2)deleted text endnew text begin (b)new text end Except when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle deleted text beginshalldeleted text endnew text begin mustnew text end give way to the right in favor of the overtaking vehicle deleted text beginon
audible warning,
deleted text end and deleted text beginshalldeleted text endnew text begin mustnew text end not increase deleted text beginthedeleted text end speed deleted text beginof the overtaken vehicledeleted text end until
completely passed by the overtaking vehicledeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3)deleted text endnew text begin (c)new text end The operator of a motor vehicle overtaking a bicycle or individual proceeding in
the same direction on the roadway deleted text beginshall leavedeleted text end new text beginor shoulder must:
new text end

new text begin (1) either (i) maintainnew text end a safenew text begin clearancenew text end distancenew text begin while passingnew text end, but in no case less than
three feet deleted text beginclearance, when passing the bicycle or individualdeleted text endnew text begin or one-half the width of the
motor vehicle, whichever is greater; or (ii) completely enter another lane of the roadway
while passing;
new text end and deleted text beginshall
deleted text end

new text begin (2)new text end maintain clearance untilnew text begin the motor vehicle hasnew text end safely deleted text beginpastdeleted text endnew text begin passednew text end the overtaken bicycle
or individual.

Sec. 39.

Minnesota Statutes 2017 Supplement, section 169.18, subdivision 7, is amended
to read:


Subd. 7.

Laned highway.

When any roadway has been divided into two or more clearly
marked lanes for traffic, the following rules, in addition to all others consistent deleted text beginherewithdeleted text endnew text begin
with this subdivision
new text end, deleted text beginshalldeleted text end apply:

deleted text begin (a)deleted text endnew text begin (1)new text end a vehicle shall be driven as nearly as practicable entirely within a single lane and
deleted text begin shalldeleted text endnew text begin mustnew text end not be moved from deleted text beginsuchdeleted text endnew text begin thenew text end lane until the driver has first ascertained that deleted text beginsuchdeleted text endnew text begin
the
new text end movement can be made with safetydeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (b)deleted text endnew text begin (2)new text end upon a roadway which is not a one-way roadway and which is divided into three
lanes, a vehicle deleted text beginshalldeleted text endnew text begin mustnew text end not be driven in the center lane except when overtaking and
passing another vehicle where the roadway is clearly visible and deleted text beginsuchdeleted text endnew text begin thenew text end center lane is
clear of traffic within a safe distance, or in preparation for a left turn or where deleted text beginsuchdeleted text endnew text begin thenew text end
center lane is at the time allocated exclusively to traffic moving in the direction the vehicle
is proceeding, and is signposted to give notice of deleted text beginsuchdeleted text endnew text begin thenew text end allocation. The left lane of a
three-lane roadway which is not a one-way roadway deleted text beginshalldeleted text endnew text begin mustnew text end not be used for overtaking
and passing another vehicledeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (c)deleted text endnew text begin (3)new text end official signs may be erected directing slow-moving traffic to use a designated
lane or allocating specified lanes to traffic moving in the same direction, and drivers of
vehicles deleted text beginshalldeleted text endnew text begin mustnew text end obey the deleted text begindirections of every suchdeleted text end signdeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (d)deleted text endnew text begin (4)new text end whenever a bicycle lane has been established on a roadway, any person operating
a motor vehicle on deleted text beginsuchdeleted text endnew text begin thenew text end roadway deleted text beginshalldeleted text endnew text begin mustnew text end not drive in the bicycle lane except to
perform parking maneuvers in order to park where parking is permitted, to enter or leave
the highway, to prepare for a turn as provided in section 169.19, subdivision 1, or to stop
a school bus for the purpose of receiving or discharging any person provided the school bus
is equipped and identified as provided in sections 169.441 and 169.442, subdivision 1, and
the flashing red signals are activated and stop-signal arm is extendeddeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) notwithstanding clause (1), the operator of a vehicle or combination of vehicles with
a total length exceeding 40 feet or a total width exceeding ten feet may, with due regard for
all other traffic, deviate from the lane in which the operator is driving to the extent necessary
to approach and drive through a roundabout.
new text end

Sec. 40.

Minnesota Statutes 2016, section 169.18, subdivision 10, is amended to read:


Subd. 10.

Slow-moving vehicle.

deleted text beginUpon all roadways anydeleted text end new text begin(a) A person operating a new text endvehicle
deleted text begin proceedingdeleted text end at less than the deleted text beginnormaldeleted text end speed of traffic deleted text beginat the time and place anddeleted text end under the
new text begin existing new text endconditions deleted text beginthen existing shall be drivendeleted text end new text beginmust drive new text endin the right-hand lane deleted text beginthen
available for traffic,
deleted text end or as close as practicable to the right-hand curb or edge of the roadwaydeleted text begin,
except when
deleted text endnew text begin. A person who violates this paragraph must pay a fine of not less than $100.
new text end

new text begin (b) Paragraph (a) does not apply if:
new text end

new text begin (1) the vehicle is new text endovertaking and passing another vehicle proceeding in the same directiondeleted text begin,
or when
deleted text endnew text begin;
new text end

new text begin (2) the vehicle is new text endpreparing deleted text beginfor a leftdeleted text endnew text begin tonew text end turn new text beginleft new text endat an intersection or into a private road
or drivewaydeleted text begin, or whendeleted text endnew text begin;
new text end

new text begin (3) new text enda specific lane is designated and posted for a specific type of trafficdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) the vehicle is preparing to exit a controlled access highway by using an exit on the
left side of the road.
new text end

Sec. 41.

Minnesota Statutes 2016, section 169.18, subdivision 11, is amended to read:


Subd. 11.

Passing parked emergency vehicle; citation; probable cause.

(a) When
approaching and before passing an authorized emergency vehicle with its emergency lights
activated that is parked or otherwise stopped on or next to a street or highway having two
lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane
farthest away from the emergency vehicle, if it is possible to do so.new text begin If a lane change under
this paragraph is impossible, the driver of the vehicle must reduce the speed of the motor
vehicle to a speed that is reasonable and prudent under the conditions until the motor vehicle
has completely passed the parked or stopped emergency vehicle, if it is possible to do so.
new text end

(b) When approaching and before passing an authorized emergency vehicle with its
emergency lights activated that is parked or otherwise stopped on or next to a street or
highway having more than two lanes in the same direction, the driver of a vehicle shall
safely move the vehicle so as to leave a full lane vacant between the driver and any lane in
which the emergency vehicle is completely or partially parked or otherwise stopped, if it is
possible to do so.new text begin If a lane change under this paragraph is impossible, the driver of the
vehicle must reduce the speed of the motor vehicle to a speed that is reasonable and prudent
under the conditions until the motor vehicle has completely passed the parked or stopped
emergency vehicle, if it is possible to do so.
new text end

new text begin (c) When approaching and before passing an authorized emergency vehicle with its
emergency lights activated that is parked or otherwise stopped on or next to a street or
highway having only one lane in the same direction, the driver of the vehicle must reduce
the speed of the motor vehicle to a speed that is reasonable and prudent under the conditions
until the motor vehicle has completely passed the parked or stopped emergency vehicle, if
it is possible to do so.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end A peace officer may issue a citation to the driver of a motor vehicle if the peace
officer has probable cause to believe that the driver has operated the vehicle in violation of
this subdivision within the four-hour period following the termination of the incident or a
receipt of a report under paragraph deleted text begin(d)deleted text endnew text begin (e)new text end. The citation may be issued even though the
violation was not committed in the presence of the peace officer.

deleted text begin (d)deleted text endnew text begin (e)new text end Although probable cause may be otherwise satisfied by other evidentiary elements
or factors, probable cause is sufficient for purposes of this subdivision when the person
cited is operating the vehicle described by a member of the crew of an authorized emergency
vehicle responding to an incident in a timely report of the violation of this subdivision,
which includes a description of the vehicle used to commit the offense and the vehicle's
license plate number. For the purposes of issuance of a citation under paragraph deleted text begin(c)deleted text end new text begin(d)new text end,
"timely" means that the report must be made within a four-hour period following the
termination of the incident.

deleted text begin (e)deleted text endnew text begin (f)new text end For purposes of paragraphs (a) deleted text beginand (b)deleted text end new text beginto (c)new text end only, deleted text beginthe termsdeleted text end "authorized emergency
vehicle" and "emergency vehicle" include a towing vehicle defined in section 168B.011,
subdivision 12a
, that has activated flashing lights authorized under section 169.64,
subdivision 3
, in addition to the vehicles described in the definition for "authorized
emergency vehicle" in section 169.011, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to offenses
committed on or after that date.
new text end

Sec. 42.

Minnesota Statutes 2016, section 169.18, subdivision 12, is amended to read:


Subd. 12.

Passing certain parked vehicles.

(a) When approaching and before passing
a freeway service patrol vehicle, road maintenance vehicle, utility company vehicle, or
construction vehicle with its warning lights activated that is parked or otherwise stopped
on or next to a street or highway having two lanes in the same direction, the driver of a
vehicle shall safely move the vehicle to the lane farthest away from the parked or stopped
vehicle, if it is possible to do so.new text begin If a lane change under this paragraph is impossible, the
driver of the vehicle must reduce the speed of the motor vehicle to a speed that is reasonable
and prudent under the conditions until the motor vehicle has completely passed the parked
or stopped freeway service patrol vehicle, road maintenance vehicle, utility company vehicle,
or construction vehicle, if it is possible to do so.
new text end

(b) When approaching and before passing a freeway service patrol vehicle, road
maintenance vehicle, utility company vehicle, or construction vehicle with its warning lights
activated that is parked or otherwise stopped on or next to a street or highway having more
than two lanes in the same direction, the driver of a vehicle shall safely move the vehicle
so as to leave a full lane vacant between the driver and any lane in which the vehicle is
completely or partially parked or otherwise stopped, if it is possible to do so.new text begin If a lane change
under this paragraph is impossible, the driver of the vehicle must reduce the speed of the
motor vehicle to a speed that is reasonable and prudent under the conditions until the motor
vehicle has completely passed the parked or stopped freeway service patrol vehicle, road
maintenance vehicle, utility company vehicle, or construction vehicle, if it is possible to do
so.
new text end

new text begin (c) When approaching and before passing a freeway service patrol vehicle, road
maintenance vehicle, utility company vehicle, or construction vehicle with its warning lights
activated that is parked or otherwise stopped on or next to a street or highway having only
one lane in the same direction, the driver of the vehicle must reduce the speed of the motor
vehicle to a speed that is reasonable and prudent under the conditions until the motor vehicle
has completely passed the parked or stopped freeway service patrol vehicle, road maintenance
vehicle, utility company vehicle, or construction vehicle, if it is possible to do so.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to offenses
committed on or after that date.
new text end

Sec. 43.

Minnesota Statutes 2016, section 169.20, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Roundabouts. new text end

new text begin If two vehicles or combinations of vehicles each having a total
length exceeding 40 feet or a total width exceeding ten feet approach or drive through a
roundabout at approximately the same time or so closely as to constitute a hazard of collision,
the operator of the vehicle or combination of vehicles on the right must yield the right-of-way
to the vehicle or combination of vehicles on the left and, if necessary, must reduce speed
or stop in order to so yield.
new text end

Sec. 44.

Minnesota Statutes 2016, section 169.222, subdivision 1, is amended to read:


Subdivision 1.

Traffic laws apply.

new text begin(a) new text endEvery person operating a bicycle deleted text beginshall havedeleted text endnew text begin hasnew text end
all of the rights and duties applicable to the driver of any other vehicle by this chapter,
except in respect to those provisions in this chapter relating expressly to bicycles and in
respect to those provisions of this chapter which by their nature cannot reasonably be applied
to bicycles.new text begin This subdivision applies to a bicycle operating on the shoulder of a roadway.
new text end

new text begin (b) A person lawfully operating a bicycle (1) on a sidewalk, or (2) across a roadway or
shoulder on a crosswalk, has all the rights and duties applicable to a pedestrian under the
same circumstances.
new text end

Sec. 45.

Minnesota Statutes 2016, section 169.222, subdivision 4, is amended to read:


Subd. 4.

Riding rules.

(a) Every person operating a bicycle deleted text beginupon a roadway shalldeleted text endnew text begin on a
road must
new text end ride as close deleted text beginas practicabledeleted text end to the right-hand curb or edge of the deleted text beginroadway except
under any of the following situations
deleted text endnew text begin road as the bicycle operator determines is safe. A
person operating a bicycle is not required to ride as close to the right-hand curb when
new text end:

(1) deleted text beginwhendeleted text end overtaking and passing another vehicle proceeding in the same direction;

(2) deleted text beginwhendeleted text end preparing for a left turn at an intersection or into a private road or driveway;

(3) deleted text beginwhendeleted text end reasonably necessary to avoid conditionsnew text begin that make it unsafe to continue along
the right-hand curb or edge
new text end, including fixed or moving objects, vehicles, pedestrians, animals,
surface hazards, or narrow width lanesdeleted text begin, that make it unsafe to continue along the right-hand
curb or edge
deleted text end; deleted text beginor
deleted text end

(4) deleted text beginwhendeleted text end operating on the shoulder of a roadway or in a bicycle lanenew text begin; or
new text end

new text begin (5) operating in a right-hand turn lane before entering an intersectionnew text end.

(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle deleted text beginshalldeleted text endnew text begin operator mustnew text end
travel in the same direction as adjacent vehicular traffic.

(c) Persons riding bicycles upon a roadway or shoulder deleted text beginshalldeleted text endnew text begin mustnew text end not ride more than
two abreast and deleted text beginshalldeleted text endnew text begin mustnew text end not impede the normal and reasonable movement of traffic and,
on a laned roadway, shall ride within a single lane.

(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
crosswalk, deleted text beginshalldeleted text endnew text begin mustnew text end yield the right-of-way to any pedestrian and deleted text beginshalldeleted text end give an audible
signal when necessary before overtaking and passing any pedestrian. deleted text beginNodeleted text endnew text begin Anew text end person deleted text beginshalldeleted text endnew text begin
must not
new text end ride a bicycle upon a sidewalk within a business district unless permitted by local
authorities. Local authorities may prohibit the operation of bicycles on any sidewalk or
crosswalk under their jurisdiction.

(e) An individual operating a bicycle or other vehicle on a bikeway deleted text beginshalldeleted text endnew text begin mustnew text end leave a
safe distance when overtaking a bicycle or individual proceeding in the same direction on
the bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.

deleted text begin (f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder
on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same
circumstances.
deleted text end

deleted text begin (g)deleted text end new text begin(f) new text endA person may operate an electric-assisted bicycle on the shoulder of a roadway,
on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015,
subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph
(b), as applicable.

new text begin (g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an
intersection proceeding from a dedicated right-hand turn lane without turning right.
new text end

Sec. 46.

Minnesota Statutes 2016, section 169.26, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) Except as provided in section 169.28, subdivision 1,
when any person driving a vehicle approaches a railroad grade crossing under any of the
circumstances stated in this paragraph, the driver deleted text beginshalldeleted text endnew text begin mustnew text end stop the vehicle not less than
ten feet from the nearest railroad track and shall not proceed until safe to do so and until
the roadway is clear of traffic so that the vehicle can proceed without stopping until the rear
of the vehicle is at least ten feet past the farthest railroad track. These requirements apply
when:

(1) a clearly visible electric or mechanical signal device warns of the immediate approach
of a railroad train; or

(2) an approaching railroad train is plainly visible and is in hazardous proximity.

(b) The fact that a movingnew text begin railroadnew text end train approaching a railroad grade crossing is visible
from the crossing is prima facie evidence that it is not safe to proceed.

(c) The driver of a vehicle deleted text beginshalldeleted text endnew text begin mustnew text end stop and remain stopped and not traverse the grade
crossing when a human flagger signals the approach or passage of anew text begin railroadnew text end train or when
a crossing gate is lowered warning of the immediate approach or passage of a railroad train.
No person may drive a vehicle past a flagger at a railroad crossing until the flagger signals
that the way is clear to proceed or drive a vehicle past a lowered crossing gate.

Sec. 47.

Minnesota Statutes 2016, section 169.28, is amended to read:


169.28 CERTAIN VEHICLES TO STOP AT RAILROAD CROSSING.

Subdivision 1.

Requirements.

(a) The driver of any motor vehicle carrying passengers
for hire, or of any school bus whether carrying passengers or not, or of any Head Start bus
whether carrying passengers or not, or of any vehicle that is required to stop at railroad
grade crossings under Code of Federal Regulations, title 49, section 392.10, before crossing
at grade any track or tracks of a railroad, deleted text beginshalldeleted text endnew text begin mustnew text end stop the vehicle not less than 15 feet
nor more than 50 feet from the nearest rail of the railroad and while deleted text beginsodeleted text end stopped deleted text beginshalldeleted text endnew text begin mustnew text end
listen and look in both directions along the track for any approachingnew text begin railroadnew text end train, and for
signals indicating the approach of anew text begin railroadnew text end train, except as deleted text beginhereinafterdeleted text endnew text begin otherwisenew text end provideddeleted text begin,
and shall
deleted text endnew text begin in this section. The driver mustnew text end not proceed until safe to do so and until the roadway
is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle
is at least ten feet past the farthest railroad track. The driver must not shift gears while
crossing the railroad tracks.

(b) A school bus or Head Start bus deleted text beginshalldeleted text endnew text begin mustnew text end not be flagged across railroad grade
crossings except at those railroad grade crossings that the local school administrative officer
may designate.

(c) A type III vehicle, as defined in section 169.011, is exempt from the requirement of
school buses to stop at railroad grade crossings.

(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle
track or tracks that are located in a public street when:

(1) the crossing occurs within the intersection of two or more public streets;

(2) the intersection is controlled by a traffic-control signal; and

(3) the intersection is marked with signs indicating to drivers that the requirements of
this subdivision do not apply. Notwithstanding any other provision of law, the owner or
operator of the track or tracks is authorized to place, maintain, and display the signs upon
and in the view of the public street or streets.

Subd. 2.

Exempt crossing.

(a) The commissioner may designate a crossing as an exempt
crossing:

(1) if the crossing is on a rail line on which service has been abandoned;

(2) if the crossing is on a rail line that carries fewer than five trains each year, traveling
at speeds of ten miles per hour or less; or

(3) as agreed to by the operating railroad and the Department of Transportation, following
a diagnostic review of the crossing.

(b) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end direct the railroad to erect at the crossing signs bearing
the word "Exempt" that conform to section 169.06. The installation or presence of an exempt
sign does not relieve a driver of the duty to use due care.

new text begin (c) new text endAnew text begin railroadnew text end train must not proceed across an exempt crossing unless a police officer
is present to direct traffic or a railroad employee is on the ground to warn traffic until thenew text begin
railroad
new text end train enters the crossing.

deleted text begin (c)deleted text endnew text begin (d)new text end A vehicle that must stop at grade crossings under subdivision 1 is not required
to stop at a marked exempt crossing unless directed otherwise by a police officer or a railroad
employee.

Sec. 48.

Minnesota Statutes 2016, section 169.29, is amended to read:


169.29 CROSSING RAILROAD TRACKS WITH CERTAIN EQUIPMENT.

(a) deleted text beginNodeleted text endnew text begin Anew text end person deleted text beginshalldeleted text endnew text begin must notnew text end operate or move any caterpillar tractor, steam shovel,
derrick, roller, or any equipment or structure having a normal operating speed of six or less
miles per hour or a vertical body or load clearance of less than nine inches above the level
surface of a roadway upon or across any tracks at a railroad grade crossing without first
complying with this section.

(b) Before making any crossing, the person operating or moving any vehicle or equipment
set forth in this section deleted text beginshalldeleted text endnew text begin mustnew text end first stop the same not less than ten, nor more than 50,
feet from the nearest rail of the railway, and while deleted text beginsodeleted text end stopped deleted text beginshalldeleted text endnew text begin mustnew text end listen and look in
both directions along the track for any approachingnew text begin railroadnew text end train and for signals indicating
the approach of anew text begin railroadnew text end train, and deleted text beginshalldeleted text endnew text begin mustnew text end not proceed until the crossing can be made
safely.

(c) deleted text beginNodeleted text endnew text begin Anew text end crossing deleted text beginshalldeleted text endnew text begin must notnew text end be made when warning is given by automatic signal
or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or
car.

(d) deleted text beginNodeleted text endnew text begin Anew text end stop deleted text beginneed be madedeleted text endnew text begin is not requirednew text end at a crossing on a rail line on which service
has been abandoned and where a sign erected in conformance with section 169.06 and
bearing the word "Exempt" has been installed, unless directed otherwise by a flagger. The
installation or presence of an exempt sign shall not relieve any driver of the duty to use due
care.

Sec. 49.

Minnesota Statutes 2017 Supplement, section 169.442, subdivision 5, is amended
to read:


Subd. 5.

White strobe lamps on certain buses transporting children.

deleted text beginNotwithstanding
section 169.55, subdivision 1, or 169.57, subdivision 3, paragraph (b), or other law to the
contrary,
deleted text end A school bus deleted text beginthat is subject to and complies with the equipment requirements of
subdivision 1 and section 169.441, subdivision 1,
deleted text end or a Head Start busdeleted text begin,deleted text end may be equipped
with a flashing strobe lampnew text begin under section 169.64, subdivision 8new text end.

Sec. 50.

Minnesota Statutes 2016, section 169.442, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Supplemental warning system. new text end

new text begin In addition to the signals required under
subdivision 1, a type A, B, C, or D school bus may be equipped with a supplemental warning
system under section 169.4503, subdivision 31.
new text end

Sec. 51.

Minnesota Statutes 2016, section 169.448, subdivision 1, is amended to read:


Subdivision 1.

Restrictions on appearance; misdemeanor.

(a) A bus that is not used
as a school bus deleted text beginmaydeleted text endnew text begin mustnew text end not be operated on a street or highway unless it is painted a color
significantly different than national school bus glossy yellow.

(b) A bus that is not used as a school bus or Head Start bus may not be operated if it is
equipped with school bus or Head Start bus-related equipment and printing.

(c) A violation of this subdivision is a misdemeanor.

(d) This subdivision does not apply to a school bus owned by or under contract to a
school district operated as a charter or leased bus.

(e) This subdivision does not apply to a school bus operated by a licensed child care
provider if:

(1) the deleted text beginstopdeleted text endnew text begin stop-signalnew text end arm is removed;

(2) the deleted text begineight-light system isdeleted text endnew text begin lighting systems for prewarning flashing amber signals,
flashing red signals, and supplemental warnings under section 169.4503, subdivision 31,
are
new text end deactivated;

(3) the school bus is identified as a "child care bus" in letters at least eight inches high
on the front and rear top of the bus;

(4) the name, address, and telephone number of the owner or operator of the bus is
identified on each front door of the bus in letters not less than three inches high; and

(5) the conditions under section 171.02, subdivision 2a, paragraphs (a) deleted text beginthroughdeleted text endnew text begin tonew text end (j)deleted text begin,deleted text endnew text begin
and
new text end (l), deleted text beginand (n),deleted text end have been met.

Sec. 52.

Minnesota Statutes 2016, section 169.4503, subdivision 5, is amended to read:


Subd. 5.

Colors.

Fenderettes may be black. The beltline may be painted yellow over
black or black over yellow. The rub rails deleted text beginshalldeleted text endnew text begin mustnew text end be blacknew text begin or yellownew text end. The area around
the lenses of alternately flashing signal lamps extending outward from the edge of the lamp
three inches, plus or minus one-quarter inch, to the sides and top and at least one inch to
the bottom, deleted text beginshalldeleted text endnew text begin mustnew text end be black. Visors or hoods, black in color, with a minimum of four
inches may be provided.

Sec. 53.

Minnesota Statutes 2016, section 169.4503, subdivision 13, is amended to read:


Subd. 13.

Identification.

(a) Each bus deleted text beginshalldeleted text endnew text begin mustnew text end, in the beltline, identify the school
district serviced, or company name, or owner of the bus. Numbers necessary for identification
must appear on the sides and rear of the bus. Symbols or letters may be used on the outside
of the bus near the entrance door for student identification. A manufacturer's nameplate or
logo may be placed on the bus.

(b) deleted text beginEffective December 31, 1994,deleted text end All type A, B, C, and D buses sold must display
lettering "Unlawful to pass when red lights are flashing" on the rear of the bus. The lettering
deleted text begin shalldeleted text endnew text begin mustnew text end be in two-inch black letters on school bus yellow background. This message deleted text beginshalldeleted text endnew text begin
must
new text end be displayed directly below the upper window of the rear door. On rear engine buses,
it deleted text beginshalldeleted text endnew text begin mustnew text end be centered at approximately the same location. Only signs and lettering
approved or required by state law deleted text beginmaydeleted text endnew text begin are permitted tonew text end be displayed.

new text begin (c) The requirements of paragraph (b) do not apply to a type A, B, C, or D school bus
that is equipped with a changeable electronic message sign on the rear of the bus that:
new text end

new text begin (1) displays one or more of the messages: "Caution / stopping," "Unlawful to pass,"
"Stop / do not pass," or similar messages approved by the commissioner;
new text end

new text begin (2) displays messages in conjunction with bus operation and activation of prewarning
flashing amber signals, flashing red signals, or stop-signal arm, as appropriate; and
new text end

new text begin (3) is a supplemental warning system under section 169.4503, subdivision 31.
new text end

Sec. 54.

Minnesota Statutes 2016, section 169.4503, is amended by adding a subdivision
to read:


new text begin Subd. 31. new text end

new text begin Supplemental warning system; temporary authority. new text end

new text begin (a) Prior to August
1, 2021, the commissioner may approve a type A, B, C, or D school bus to be equipped
with a supplemental warning system. On and after that date, a school bus may continue to
be equipped with a previously approved supplemental warning system.
new text end

new text begin (b) To determine approval of a supplemental warning system, the commissioner must
consider:
new text end

new text begin (1) signal colors, which are limited to one or more of the colors white, amber, and red;
new text end

new text begin (2) flashing patterns;
new text end

new text begin (3) vehicle mounting and placement;
new text end

new text begin (4) supplemental warning system activation in conjunction with activation of prewarning
flashing amber signals, stop-signal arm, and flashing red signals;
new text end

new text begin (5) light intensity; and
new text end

new text begin (6) permissible text, signage, and graphics, if any.
new text end

new text begin (c) The commissioner must review relevant research findings and experience in other
jurisdictions, and must consult with interested stakeholders, including but not limited to
representatives from school district pupil transportation directors, private school bus
operators, and pupil transportation and traffic safety associations.
new text end

Sec. 55.

Minnesota Statutes 2016, section 169.475, subdivision 2, is amended to read:


Subd. 2.

Prohibition on use; penalty.

(a) deleted text beginNodeleted text end new text beginWhen a motor vehicle is in motion or a
part of traffic, the
new text endperson deleted text beginmay operate a motordeleted text end new text beginoperating the new text endvehicle deleted text beginwhiledeleted text end new text beginis prohibited
from
new text endusing a wireless communications device to compose, read, or send an electronic
messagedeleted text begin, when the vehicle is in motion or a part of trafficdeleted text end.

(b) new text beginExcept as provided in section 169.89, subdivision 1, clause (1) or (2), a person who
violates this subdivision is guilty of a petty misdemeanor. A person who violates this
subdivision within five years of the first of two or more prior violations of this subdivision
is guilty of a misdemeanor.
new text end

new text begin (c) A court must require new text enda person who violates deleted text beginparagraph (a)deleted text end new text beginthis subdivision to pay the
following fine:
new text end

new text begin (1) for a first offense, a fine of $150;
new text end

new text begin (2) for new text enda second or subsequent deleted text begintime must paydeleted text end new text beginoffense, new text enda fine of deleted text begin$225deleted text endnew text begin $300new text enddeleted text begin, plus the
amount specified in the uniform fine schedule established by the Judicial Council
deleted text endnew text begin; or
new text end

new text begin (3) for an offense committed within five years of the first of two or more prior violations
under this subdivision, a fine of $500
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 56.

Minnesota Statutes 2016, section 169.55, subdivision 1, is amended to read:


Subdivision 1.

Lights or reflectors required.

At the times when lighted lamps on
vehicles are required each vehicle including an animal-drawn vehicle and any vehicle
specifically excepted in sections 169.47 to 169.79, with respect to equipment and not
deleted text begin hereinbefore specificallydeleted text endnew text begin previouslynew text end required to be equipped with lamps, deleted text beginshalldeleted text endnew text begin mustnew text end be
equipped with one or more lighted lamps or lanterns projecting a white light visible from
a distance of 500 feet to the front of the vehicle and with a lamp or lantern exhibiting a red
light visible from a distance of 500 feet to the rear, except that reflectors meeting the
maximum requirements of this chapter may be used in lieu of the lights required in this
subdivision. deleted text beginIt shall be unlawful except as otherwise provided in this subdivision, to project
a white light to the rear of any such vehicle while traveling on any street or highway, unless
such vehicle is moving in reverse. A lighting device mounted on top of a vehicle engaged
in deliveries to residences may project a white light to the rear if the sign projects one or
more additional colors to the rear. An authorized emergency vehicle may display an
oscillating, alternating, or rotating white light used in connection with an oscillating,
alternating, or rotating red light when responding to emergency calls.
deleted text end

Sec. 57.

Minnesota Statutes 2016, section 169.57, subdivision 3, is amended to read:


Subd. 3.

Maintenance.

(a) When a vehicle is equipped with stop lamps or signal lamps,
deleted text begin suchdeleted text endnew text begin thenew text end lamps deleted text beginshalldeleted text endnew text begin mustnew text end at all times be maintained in good working condition.

(b) deleted text beginNo stop lamps or signal lamp shall project a glaring or dazzling light.
deleted text end

deleted text begin (c)deleted text end All mechanical signal devices deleted text beginshalldeleted text endnew text begin mustnew text end be self-illumined when in use at the times
when lighted lamps on vehicles are required.

Sec. 58.

Minnesota Statutes 2016, section 169.64, subdivision 3, is amended to read:


Subd. 3.

Flashing lightsnew text begin; glaring lightsnew text end.

new text begin(a) new text endFlashing lights are prohibited, exceptnew text begin:
new text end

new text begin (1)new text end on an authorized emergency vehicle, school bus, bicycle as provided in section
169.222, subdivision 6, road maintenance equipment, tow truck or towing vehiclenew text begin as provided
in section 168B.16
new text end, service vehicle, farm tractor, self-propelled farm equipment, rural mail
carrier vehicle, new text beginor new text endfuneral home vehicledeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (2)new text end on any vehicle as a means of indicating a right or left turn, or the presence of a
vehicular traffic hazard requiring unusual care in approaching, overtaking, or passingdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) as otherwise provided in this section.
new text end

new text begin (b) new text endAll flashing warning lights deleted text beginshalldeleted text endnew text begin mustnew text end be of the type authorized by section 169.59,
subdivision 4
, unless otherwise permitted or required in this chapter.

new text begin (c) A stop lamp or signal lamp is prohibited from projecting a glaring or dazzling light,
except for:
new text end

new text begin (1) strobe lamps as provided under subdivision 8 or section 169.59, subdivision 4; or
new text end

new text begin (2) a school bus equipped with a supplemental warning system under section 169.4503,
subdivision 31.
new text end

Sec. 59.

Minnesota Statutes 2016, section 169.64, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin White light. new text end

new text begin (a) It is unlawful to project a white light at the rear of a vehicle
while traveling on any street or highway, except:
new text end

new text begin (1) for a vehicle moving in reverse;
new text end

new text begin (2) for a school bus equipped with a supplemental warning system under section
169.4503, subdivision 31;
new text end

new text begin (3) for a strobe lamp as provided under subdivision 8;
new text end

new text begin (4) as required for license plate illumination under section 169.50, subdivision 2;
new text end

new text begin (5) as provided in section 169.59, subdivision 4; and
new text end

new text begin (6) as otherwise provided in this subdivision.
new text end

new text begin (b) A lighting device mounted on top of a vehicle engaged in deliveries to residences
may project a white light to the rear if the sign projects one or more additional colors to the
rear.
new text end

new text begin (c) An authorized emergency vehicle may display an oscillating, alternating, or rotating
white light used in connection with an oscillating, alternating, or rotating red light when
responding to emergency calls.
new text end

Sec. 60.

Minnesota Statutes 2017 Supplement, section 169.64, subdivision 8, is amended
to read:


Subd. 8.

Strobe lamp.

(a) Notwithstanding deleted text beginsections 169.55, subdivision 1; 169.57,
subdivision 3
, paragraph (b); or
deleted text end any other law to the contrary, a vehicle may be equipped
with a 360-degree flashing strobe lamp that emits a white light with a flash rate of 60 to
120 flashes a minute, and the lamp may be used as provided in this subdivision, if the vehicle
is:

(1) a school bus that is subject to and complies with the equipment requirements ofdeleted text begin
sections 169.441, subdivision 1, and
deleted text endnew text begin sectionnew text end 169.442, subdivision 1, or a Head Start bus.
The lamp must operate from a separate switch containing an indicator lamp to show when
the strobe lamp is in use; or

(2) a road maintenance vehicle owned or under contract to the Department of
Transportation or a road authority of a county, home rule or statutory city, or town, but the
strobe lamp may only be operated while the vehicle is actually engaged in snow removal
during daylight hours.

(b) Notwithstanding deleted text beginsections 169.55, subdivision 1; 169.57, subdivision 3, paragraph
(b); or
deleted text end any other law to the contrary, a vehicle may be equipped with a 360-degree flashing
strobe lamp that emits an amber light with a flash rate of 60 to 120 flashes a minute, and
the lamp may be used as provided in this subdivision, if the vehicle is a rural mail carrier
vehicle, provided that the strobe lamp is mounted at the highest practicable point on the
vehicle. The strobe lamp may only be operated while the vehicle is actually engaged during
daylight hours in the delivery of mail to residents on a rural mail route.

(c) A strobe lamp authorized by this deleted text beginsection shalldeleted text endnew text begin subdivision mustnew text end be of a double flash
type certified to the commissioner of public safety by the manufacturer as being weatherproof
and having deleted text begina minimumdeleted text endnew text begin annew text end effective light output deleted text beginof 200 candelas as measured by the
Blondel-Rey formula
deleted text endnew text begin that meets or exceeds the most recent version of SAE International
standard J845, Class 2, or a subsequent standard
new text end.

Sec. 61.

Minnesota Statutes 2016, section 169.81, subdivision 5, is amended to read:


Subd. 5.

Manner of loading.

deleted text beginNodeleted text endnew text begin (a) Anew text end vehicle deleted text beginshalldeleted text endnew text begin must notnew text end be driven or moved on
any highway unless deleted text beginsuchdeleted text endnew text begin thenew text end vehicle is so constructed, loaded, or the load securely covered
as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping
deleted text begin therefrom, except thatdeleted text endnew text begin.
new text end

new text begin (b) Notwithstanding paragraph (a), a vehicle or combination of vehicles may:
new text end

new text begin (1) dropnew text end sand deleted text beginmay be dropped for the purpose of securingdeleted text endnew text begin to securenew text end tractiondeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (2) sprinklenew text end water or other substances deleted text beginmay be sprinkled on a roadway in cleaning or
maintaining such
deleted text endnew text begin to clean or maintain thenew text end roadwaynew text begin; or
new text end

new text begin (3) leak liquid from thawing sugar beets, only if transporting unprocessed sugar beetsnew text end.

new text begin (c)new text end This subdivision deleted text beginshalldeleted text endnew text begin doesnew text end not apply to motor vehicles operated by a farmer or the
farmer's agent when transporting produce such as small grains, shelled corn, soybeans, or
other farm produce of a size and density not likely to cause injury to persons or damage to
property on escaping in small amounts from a vehicle.

new text begin (d) Anew text end violation of this subdivision by a vehicle that is carrying farm produce and that is
not exempted deleted text beginby the preceding sentencedeleted text endnew text begin under paragraph (c)new text end is a petty misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 62.

Minnesota Statutes 2016, section 169.81, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Automobile transporter. new text end

new text begin (a) For purposes of this subdivision, the following
terms have the meanings given them:
new text end

new text begin (1) "automobile transporter" means any vehicle combination designed and used to
transport assembled highway vehicles, including truck camper units;
new text end

new text begin (2) "stinger-steered combination automobile transporter" means a truck tractor semitrailer
having the fifth wheel located on a drop frame located behind and below the rear-most axle
of the power unit; and
new text end

new text begin (3) "backhaul" means the return trip of a vehicle transporting cargo or general freight,
including when carrying goods back over all or part of the same route.
new text end

new text begin (b) Stinger-steered combination automobile transporters having a length of 80 feet or
less may be operated on interstate highways and other highways designated in this section,
and in addition may carry a load that extends the length by four feet or less in the front of
the vehicle and six feet or less in the rear of the vehicle.
new text end

new text begin (c) An automobile transporter may transport cargo or general freight on a backhaul,
provided it complies with weight limitations for a truck tractor and semitrailer combination
under section 169.824.
new text end

Sec. 63.

Minnesota Statutes 2016, section 169.8261, subdivision 2, is amended to read:


Subd. 2.

Conditions.

(a) A vehicle or combination of vehicles described in subdivision
1 must:

(1) comply with seasonal load restrictions in effect between the dates set by the
commissioner under section 169.87, subdivision 2;

(2) comply with bridge load limits posted under section 169.84;

(3) be equipped and operated with six or more axles and brakes on all wheels;

(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle
weight during the time when seasonal increases are authorized under section 169.826;

(5) not be operated on interstate highways;

(6) obtain an annual permit from the commissioner of transportation;

(7) obey all road postings; and

(8) not exceed 20,000 pounds gross weight on any single axle.

(b) A vehicle operated under this section may exceed the legal axle weight limits listed
in section 169.824 by not more than 12.5 percent; except that, the weight limits may be
exceeded by not more than 23.75 percent during the time when seasonal increases are
authorized under section 169.826, subdivision 1.

new text begin (c) Notwithstanding paragraph (a), clause (5), a vehicle or combination of vehicles
hauling raw or unfinished forest products may operate on the segment of marked Interstate
Highway 35 provided under United States Code, title 23, section 127(q)(2)(D).
new text end

Sec. 64.

Minnesota Statutes 2017 Supplement, section 169.829, subdivision 4, is amended
to read:


Subd. 4.

Certain emergency vehicles.

new text begin(a) new text endThe provisions of sections 169.80 to 169.88
governing size, weight, and load do not apply to a fire apparatus, a law enforcement special
response vehicle, or a licensed land emergency ambulance service vehicle.

new text begin (b) Emergency vehicles designed to transport personnel and equipment to support the
suppression of fires and to mitigate other hazardous situations are subject to the following
weight limitations when operated on an interstate highway: (1) 24,000 pounds on a single
steering axle; (2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear
drive steer axle; and (4) 62,000 pounds on a tandem axle. The gross weight of an emergency
vehicle operating on an interstate highway must not exceed 86,000 pounds.
new text end

Sec. 65.

Minnesota Statutes 2016, section 169.829, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Sewage septic tank trucks. new text end

new text begin (a) Sections 169.823 and 169.826 to 169.828 do
not apply to a sewage septic tank truck used exclusively to transport sewage from septic or
holding tanks.
new text end

new text begin (b) The weight limitations under section 169.824 are increased by ten percent for a
single-unit vehicle transporting sewage from the point of service to (1) another point of
service, or (2) the point of unloading.
new text end

new text begin (c) Notwithstanding sections 169.824, subdivision 1, paragraph (d); 169.826, subdivision
3; or any other law to the contrary, a permit is not required to operate a vehicle under this
subdivision.
new text end

new text begin (d) The seasonal weight increases under section 169.826, subdivision 1, do not apply to
a vehicle operated under this subdivision.
new text end

new text begin (e) A vehicle operated under this subdivision is subject to bridge load limits posted under
section 169.84.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 66.

Minnesota Statutes 2016, section 169.87, subdivision 6, is amended to read:


Subd. 6.

Recycling and garbage vehicles.

(a) deleted text beginExcept as provided in paragraph (b)deleted text endnew text begin While
a vehicle is engaged in the type of collection the vehicle was designed to perform
new text end, weight
restrictions imposed under subdivisions 1 and 2 do not apply tonew text begin:
new text end

new text begin (1)new text end a vehicle that does not exceed 20,000 pounds per single axle and is designed and
used exclusively for recycling, while deleted text beginengaged in recyclingdeleted text endnew text begin operatingnew text end in a political subdivision
that mandates curbside recycling pickupdeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (b) Weight restrictions imposed under subdivisions 1 and 2 do not apply to: (1)deleted text endnew text begin (2)new text end a
vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for
recycling deleted text beginas described in paragraph (a)deleted text end;

deleted text begin (2)deleted text endnew text begin (3)new text end a vehicle that does not exceed 14,000 pounds per single axle and is designed and
used exclusively for collecting mixed municipal solid waste, as defined in section 115A.03,
subdivision 21
deleted text begin, while engaged in such collectiondeleted text end; deleted text beginor
deleted text end

deleted text begin (3)deleted text endnew text begin (4)new text end a portable toilet service vehicle that does not exceed 14,000 pounds per single
axle or 26,000 pounds gross vehicle weight, and is designed and used exclusively for
collecting liquid waste from portable toiletsdeleted text begin, while engaged in such collectiondeleted text endnew text begin; or
new text end

new text begin (5) a sewage septic tank truck that is designed and used exclusively to haul sewage from
septic or holding tanks
new text end.

deleted text begin (c)deleted text endnew text begin (b)new text end Notwithstanding section 169.80, subdivision 1, deleted text begina violation ofdeleted text endnew text begin the owner or operator
of a vehicle that violates the
new text end weight restrictions imposed under subdivisions 1 and 2 deleted text beginby a
vehicle designed and used exclusively for recycling while engaged in recycling in a political
subdivision that mandates curbside recycling pickup while engaged in such collection, by
a vehicle that is designed and used exclusively for collecting mixed municipal solid waste
as defined in section 115A.03, subdivision 21, while engaged in such collection, or by a
portable toilet service vehicle that is designed and used exclusively for collecting liquid
waste from portable toilets, while engaged in such collection,
deleted text end is not subject to criminal
penalties but is subject to a civil penalty for excess weight under section 169.871new text begin if the
vehicle (1) meets the requirements under paragraph (a), and (2) is engaged in the type of
collection the vehicle was designed to perform
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 67.

Minnesota Statutes 2016, section 169.92, subdivision 4, is amended to read:


Subd. 4.

Suspension of driver's license.

(a) Upon receiving a report from the court, or
from the driver licensing authority of a state, district, territory, or possession of the United
States or a province of a foreign country which has an agreement in effect with this state
pursuant to section 169.91, that a resident of this state or a person licensed as a driver in
this state did not appear in court in compliance with the terms of a citation, the commissioner
of public safety deleted text beginshalldeleted text endnew text begin mustnew text end notify the driver that the driver's license will be suspended unless
the commissioner receives notice within 30 days that the driver has appeared in the
appropriate court deleted text beginor, if the offense is a petty misdemeanor for which a guilty plea was
entered under section 609.491, that the person has paid any fine imposed by the court
deleted text end. If
the commissioner does not receive notice of the appearance in the appropriate court deleted text beginor
payment of the fine
deleted text end within 30 days of the date of the commissioner's notice to the driver,
the commissioner may suspend the driver's license, subject to the notice requirements of
section 171.18, subdivision 2.new text begin Notwithstanding the requirements in this section, the
commissioner is prohibited from suspending the driver's license of a person based solely
on the fact that the person did not appear in court (1) in compliance with the terms of a
citation for a petty misdemeanor, or (2) for a violation of section 171.24, subdivision 1.
new text end

(b) The order of suspension deleted text beginshalldeleted text endnew text begin mustnew text end indicate the reason for the order and deleted text beginshalldeleted text endnew text begin mustnew text end
notify the driver that the driver's license deleted text beginshall remaindeleted text endnew text begin remainsnew text end suspended until the driver
has furnished evidence, satisfactory to the commissioner, of compliance with any order
entered by the court.

(c) Suspension shall be ordered under this subdivision only when the report clearly
identifies the person arrested; describes the violation, specifying the section of the traffic
law, ordinance or rule violated; indicates the location and date of the offense; and describes
the vehicle involved and its registration number.

Sec. 68.

Minnesota Statutes 2016, section 171.041, is amended to read:


171.041 RESTRICTED LICENSE FOR FARM WORK.

new text begin (a) new text endNotwithstanding any provisions of section 171.04 relating to the age of an applicant
to the contrary, the commissioner may issue a restricted farm work license to operate a
motor vehicle to a person who has attained the age of 15 years and who, except for age, is
qualified to hold a driver's license. The applicant is not required to comply with the six-month
instruction permit possession provisions of sections 171.04, subdivision 1, clause (2), and
171.05, subdivision 2a, or with the 12-month provisional license possession provision of
section 171.04, subdivision 1, clause (1), item (i).

new text begin (b)new text end The restricted license deleted text beginshalldeleted text endnew text begin mustnew text end be issued solely for the purpose of authorizing the
person to whom the restricted license is issued to assist the person's parents or guardians
with farm work.new text begin An individual may perform farm work under the restricted license for any
entity authorized to farm under section 500.24.
new text end A person holding this restricted license may
operate a motor vehicle only during daylight hours and only within a radius of deleted text begin20deleted text endnew text begin 40new text end miles
of the parent's or guardian's farmhouse; however, in no case may a person holding the
restricted license operate a motor vehicle in a city of the first class.

new text begin (c)new text end An applicant for a restricted license deleted text beginshalldeleted text endnew text begin mustnew text end apply to the commissioner for the
license on forms prescribed by the commissioner. The application deleted text beginshalldeleted text endnew text begin mustnew text end be accompanied
by:

(1) a copy of a property tax statement showing that the applicant's parent or guardian
owns land that is classified as agricultural land or a copy of a rental statement or agreement
showing that the applicant's parent or guardian rents land classified as agricultural land; and

(2) a written verified statement by the applicant's parent or guardian setting forth the
necessity for the license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 69.

Minnesota Statutes 2017 Supplement, section 171.06, subdivision 2, is amended
to read:


Subd. 2.

Fees.

(a) The fees for a license and Minnesota identification card are as follows:

REAL ID Compliant or
Noncompliant Classified
Driver's License
D-$17.25
C-$21.25
B-$28.25
A-$36.25
REAL ID Compliant or
Noncompliant Classified
Under-21 D.L.
D-$17.25
C-$21.25
B-$28.25
A-$16.25
Enhanced Driver's License
D-$32.25
C-$36.25
B-$43.25
A-$51.25
REAL ID Compliant or
Noncompliant Instruction
Permit
$5.25
Enhanced Instruction
Permit
$20.25
Commercial Learner's
Permit
$2.50
REAL ID Compliant or
Noncompliant Provisional
License
$8.25
Enhanced Provisional
License
$23.25
Duplicate REAL ID
Compliant or Noncompliant
License or duplicate REAL
ID Compliant or
Noncompliant identification
card
$6.75
Enhanced Duplicate
License or enhanced
duplicate identification card
$21.75
REAL ID Compliant or
Noncompliant Minnesota
identification card or REAL
ID Compliant or
Noncompliant Under-21
Minnesota identification
card, other than duplicate,
except as otherwise
provided in section 171.07,
subdivisions 3
and 3a
$11.25
Enhanced Minnesota
identification card
$26.25

deleted text begin In addition to each fee required in this paragraph, the commissioner shall collect a surcharge
of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016.
Surcharges collected under this paragraph must be credited to the driver and vehicle services
technology account in the special revenue fund under section 299A.705.
deleted text end

(b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35, sections 169A.50 to 169A.53, or section 171.177, (2) convictions for crash-related
moving violations, and (3) convictions for moving violations that are not crash related, deleted text beginshalldeleted text endnew text begin
must
new text end have a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving
violation" has the meaning given it in section 171.04, subdivision 1.

(c) In addition to the driver's license fee required under paragraph (a), the commissioner
deleted text begin shalldeleted text endnew text begin mustnew text end collect an additional $4 processing fee from each new applicant or individual
renewing a license with a school bus endorsement to cover the costs for processing an
applicant's initial and biennial physical examination certificate. The department deleted text beginshalldeleted text endnew text begin mustnew text end
not charge these applicants any other fee to receive or renew the endorsement.

(d) In addition to the fee required under paragraph (a), a driver's license agent may charge
and retain a filing fee as provided under section 171.061, subdivision 4.

(e) In addition to the fee required under paragraph (a), the commissioner deleted text beginshalldeleted text endnew text begin mustnew text end
charge a filing fee at the same amount as a driver's license agent under section 171.061,
subdivision 4. Revenue collected under this paragraph must be deposited in the driver
services operating account.

(f) An application for a Minnesota identification card, instruction permit, provisional
license, or driver's license, including an application for renewal, must contain a provision
that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes
of public information and education on anatomical gifts under section 171.075.

Sec. 70.

Minnesota Statutes 2016, section 171.16, subdivision 2, is amended to read:


Subd. 2.

Commissioner shall suspend.

new text begin(a) new text endThe court may recommend the suspension
of the driver's license of the person so convicted, and the commissioner deleted text beginshalldeleted text endnew text begin mustnew text end suspend
such license as recommended by the court, without a hearing deleted text beginas provided hereindeleted text end.

new text begin (b) The commissioner is prohibited from suspending a person's driver's license if the
person was convicted only under section 171.24, subdivision 1 or 2.
new text end

Sec. 71.

Minnesota Statutes 2016, section 171.16, subdivision 3, is amended to read:


Subd. 3.

deleted text beginSuspension fordeleted text end Failure to pay fine.

deleted text beginWhen any court reports todeleted text end The
commissioner new text beginmust not suspend a person's driver's license based solely on the fact new text endthat a
person: (1) has been convicted of violating a law of this state or an ordinance of a political
subdivision which regulates the operation or parking of motor vehicles, (2) has been
sentenced to the payment of a fine or had a surcharge levied against that person, or sentenced
to a fine upon which a surcharge was levied, and (3) has refused or failed to comply with
that sentence or to pay the surchargedeleted text begin, notwithstanding the fact that the court has determined
that the person has the ability to pay the fine or surcharge, the commissioner shall suspend
the driver's license of such person for 30 days for a refusal or failure to pay or until notified
by the court that the fine or surcharge, or both if a fine and surcharge were not paid, has
been paid
deleted text end.

Sec. 72.

Minnesota Statutes 2016, section 171.18, subdivision 1, is amended to read:


Subdivision 1.

Offenses.

(a) The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required upon
conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance
regulating traffic, other than a conviction for a petty misdemeanor, and department records
show that the violation contributed in causing an accident resulting in the death or personal
injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would be
grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within
five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may not
suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 169.92, subdivision 4;

(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;

(12) has been found to have committed an offense under section 169A.33; or

(13) has paid or attempted to pay a fee required under this chapter for a license or permit
by means of a dishonored check issued to the state or a driver's license agent, which must
be continued until the registrar determines or is informed by the agent that the dishonored
check has been paid in full.

However, an action taken by the commissioner under clause (2) or (5) must conform to the
recommendation of the court when made in connection with the prosecution of the licensee.

new text begin (b) Notwithstanding section 171.18, subdivision 1, paragraph (b), the commissioner may
suspend the license of a driver when any court reports to the commissioner that a driver has
eight unpaid parking tickets within a 12-month period or ten unpaid parking tickets within
a 24-month period.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end The commissioner deleted text beginmay not suspenddeleted text endnew text begin is prohibited from suspendingnew text end the driver's
license of an individual under paragraph (a) who was convicted of a violation of section
171.24, subdivision 1deleted text begin, whose license was under suspension at the time solely because of
the individual's failure to appear in court or failure to pay a fine
deleted text endnew text begin or 2new text end.

Sec. 73.

Minnesota Statutes 2016, section 174.12, subdivision 8, is amended to read:


Subd. 8.

Legislative report.

(a) By February 1 of each odd-numbered year, the
commissioner of transportation, with assistance from the commissioner of employment and
economic development, deleted text beginshalldeleted text endnew text begin mustnew text end submit a report on the transportation economic
development program to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance and economic
development policy and finance.

(b) At a minimum, the report must:

(1) summarize the requirements and implementation of the transportation economic
development program established in this section;

(2) review the criteria and economic impact performance measures used for evaluation,
prioritization, and selection of projects;

(3) provide a brief overview of each project that received financial assistance under the
program, which must at a minimum identify:

(i) basic project characteristics, such as funding recipient, geographic location, and type
of transportation modes served;

(ii) sources and respective amounts of project funding; and

(iii) the degree of economic benefit anticipated or observed, following the economic
impact performance measures established under subdivision 4;

(4) identify the allocation of funds, including but not limited to a breakdown of total
project funds by transportation mode, the amount expended for administrative costs, and
the amount transferred to the transportation economic development assistance account;

(5) evaluate the overall economic impact of the program; and

(6) provide recommendations for any legislative changes related to the program.

new text begin (c) Notwithstanding paragraph (a), a report is not required in an odd-numbered year if
no project received financial assistance during the preceding 24 months.
new text end

Sec. 74.

new text begin [174.13] TRIBAL TRAINING PROGRAM; COSTS.
new text end

new text begin The commissioner must implement interagency billing to state agencies to pay costs
related to each agency's participation in tribal training activities provided by the department.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 75.

Minnesota Statutes 2016, section 174.66, is amended to read:


174.66 CONTINUATION OF CARRIER RULES.

(a) Orders and directives in force, issued, or promulgated under authority of chapters
174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
modified, or superseded by duly authorized orders or directives of the commissioner of
transportation. To the extent allowed under federal law or regulation, rules adopted under
authority of the following sections are transferred to the commissioner of transportation
and continue in force and effect until repealed, modified, or superseded by duly authorized
rules of the commissioner:

(1) section 218.041 except rules related to the form and manner of filing railroad rates,
railroad accounting rules, and safety rules;

(2) section 219.40;

(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
under section 221.031, subdivision 1;new text begin and
new text end

(4) deleted text beginrules relating to rates, charges, and practices under section 221.161, subdivision 4;
and
deleted text end

deleted text begin (5)deleted text end rules relating to rates, tariffs, or the granting, limiting, or modifying of permits under
section 221.121.

(b) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end review the transferred rules, orders, and directives and,
when appropriate, develop and adopt new rules, orders, or directives.

Sec. 76.

new text begin [219.085] OPERATION OF ON-TRACK EQUIPMENT.
new text end

new text begin An operator of equipment used on rails that does not activate automatic railroad-highway
grade crossing warning signals or gates must exercise due regard for the safety of persons
and vehicles using a railroad-highway grade crossing.
new text end

Sec. 77.

Minnesota Statutes 2016, section 221.031, subdivision 2d, is amended to read:


Subd. 2d.

Hours of service exemptionsnew text begin; agricultural purposesnew text end.

The federal regulations
incorporated in section 221.0314, subdivision 9, for deleted text beginmaximum driving and on-duty time,deleted text endnew text begin
hours of service
new text end do not apply to drivers engaged in intrastate transportation within a
150-air-mile radius from the source of the commoditiesnew text begin,new text end or from the retail or wholesale
distribution point of the farm suppliesnew text begin,new text end for:

(1) agricultural commoditiesnew text begin;new text end or

new text begin (2)new text end farm supplies for agricultural purposes deleted text beginfrom March 15 to December 15 of each year;
or
deleted text endnew text begin.
new text end

deleted text begin (2) sugar beets from September 1 to May 15 of each year.
deleted text end

Sec. 78.

Minnesota Statutes 2016, section 221.031, is amended by adding a subdivision
to read:


new text begin Subd. 2f. new text end

new text begin Hours of service exemptions; utility construction. new text end

new text begin (a) The federal regulations
incorporated in section 221.0314, subdivision 9, for hours of service do not apply to drivers
engaged in intrastate transportation of utility construction materials within a 50-mile radius
from the site of a construction or maintenance project.
new text end

new text begin (b) For purposes of this subdivision, utility construction materials includes supplies and
materials used in a project to construct or maintain (1) a street or highway; (2) equipment
or facilities to furnish electric transmission service; (3) a telecommunications system or
cable communications system; (4) a waterworks system, sanitary sewer, or storm sewer;
(5) a gas heating service line; (6) a pipeline; and (7) a facility for other similar utility service.
new text end

Sec. 79.

Minnesota Statutes 2016, section 221.0314, subdivision 9, is amended to read:


Subd. 9.

Hours of service of driver.

new text begin(a) new text endCode of Federal Regulations, title 49, part 395,
is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), deleted text begin(k),deleted text end (m), and
(n) of section 395.1 of that part are not incorporated. In addition, cross-references to sections
or paragraphs not incorporated in this subdivision are not incorporated by reference.

new text begin (b) For purposes of Code of Federal Regulations, title 49, part 395.1, paragraph (k), the
planting and harvest period for Minnesota is from January 1 through December 31 each
year.
new text end

new text begin (c)new text end The requirements of Code of Federal Regulations, title 49, part 395, do not apply to
drivers of lightweight vehicles.

Sec. 80.

Minnesota Statutes 2016, section 221.036, subdivision 1, is amended to read:


Subdivision 1.

Order.

The commissioner may issue an order requiring violations to be
corrected and administratively assessing monetary penalties for a violation of (1) section
221.021; (2) section 221.033, subdivision 2b; (3) section 221.171; (4) section 221.141; (5)
a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway
grade crossings; or (6) rules of the commissioner relating to the transportation of hazardous
waste, motor carrier operations,new text begin ornew text end insurancedeleted text begin, or tariffs and accountingdeleted text end. An order must be
issued as provided in this section.

Sec. 81.

Minnesota Statutes 2016, section 221.036, subdivision 3, is amended to read:


Subd. 3.

Amount of penalty; considerations.

(a) The commissioner may issue an order
assessing a penalty of up to $5,000 for all violations new text beginidentified during a single audit or
investigation
new text endof new text begin(1) new text endsection 221.021deleted text begin;deleted text endnew text begin,new text end 221.141deleted text begin;deleted text endnew text begin,new text end or 221.171, ornew text begin (2)new text end rules of the commissioner
relating to motor carrier operationsdeleted text begin,deleted text end new text beginor new text endinsurancedeleted text begin, or tariffs and accounting, identified during
a single inspection, audit, or investigation
deleted text end.

(b) The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
inspection or audit.

(c) In determining the amount of a penalty, the commissioner deleted text beginshalldeleted text endnew text begin mustnew text end consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, air, water, land,
or other natural resources of the state;

(3) the history of past violations, including the similarity of the most recent violation
and the violation to be penalized, the time elapsed since the last violation, the number of
previous violations, and the response of the person to the most recent violation identified;

(4) the economic benefit gained by the person by allowing or committing the violation;
and

(5) other factors as justice may require, if the commissioner specifically identifies the
additional factors in the commissioner's order.

(d) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end assess a penalty in accordance with Code of Federal
Regulations, title 49, section 383.53, against:

(1) a driver who is convicted of a violation of an out-of-service order;

(2) an employer who knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of an out-of-service order; or

(3) an employer who knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of a federal, state, or local law or regulation pertaining to
railroad-highway grade crossings.

Sec. 82.

Minnesota Statutes 2016, section 221.122, subdivision 1, is amended to read:


Subdivision 1.

Registration, insurance, and filing requirements.

(a) An order issued
by the commissioner which grants a certificate or permit must contain a service date.

(b) The person to whom the order granting the certificate or permit is issued shall do
the following within 45 days from the service date of the order:

(1) register vehicles which will be used to provide transportation under the permit or
certificate with the commissioner and pay the vehicle registration fees required by law;new text begin and
new text end

(2) file and maintain insurance or bond as required by section 221.141 and rules of the
commissionerdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) file rates and tariffs as required by section 221.161 and rules of the commissioner.
deleted text end

Sec. 83.

Minnesota Statutes 2016, section 221.161, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginFiling; hearing upon commissioner initiativedeleted text endnew text begin Tariff maintenance and
contents
new text end.

A household goods deleted text begincarrier shall file anddeleted text end new text beginmover must new text endmaintain deleted text beginwith the
commissioner
deleted text end a tariff showing rates and charges for transporting household goods. deleted text beginTariffs
must be prepared and filed in accordance with the rules of the commissioner. When tariffs
are filed in accordance with the rules and accepted by the commissioner, the filing constitutes
notice to the public and interested parties of the contents of the tariffs. The commissioner
shall not accept for filing tariffs that are unjust, unreasonable, unjustly discriminatory,
unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted
under this section. If the tariffs appear to be unjust, unreasonable, unjustly discriminatory,
unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted
under this section, after notification and investigation by the department, the commissioner
may suspend and postpone the effective date of the tariffs and assign the tariffs for hearing
upon notice to the household goods carrier filing the proposed tariffs and to other interested
parties, including users of the service and competitive carriers by motor vehicle and rail.
At the hearing, the burden of proof is on the household goods carrier filing the proposed
tariff to sustain the validity of the proposed schedule of rates and charges. The tariffs and
subsequent supplements to them or reissues of them must state the effective date, which
may not be less than ten days following the date of filing, unless the period of time is reduced
by special permission of the commissioner.
deleted text endnew text begin A household goods mover must prepare a tariff
under this section that complies with Code of Federal Regulations, title 49, part 1310.3.
new text end

Sec. 84.

Minnesota Statutes 2016, section 221.161, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Tariff availability. new text end

new text begin (a) A household goods mover subject to this section must
maintain all of its effective tariffs at its principal place of business and at each of its terminal
locations, and must make the tariffs available to the public for inspection at all times the
household goods mover is open for business. Any publication referred to in a tariff must be
maintained with that tariff.
new text end

new text begin (b) Upon request, a household goods mover must provide copies of tariffs, specific tariff
provisions, or tariff subscriptions to the commissioner or any interested person.
new text end

Sec. 85.

Minnesota Statutes 2016, section 221.171, subdivision 1, is amended to read:


Subdivision 1.

Compensation fixed by schedule on file.

deleted text beginNodeleted text endnew text begin Anew text end household goods deleted text begincarrier
shall
deleted text endnew text begin mover must notnew text end charge or receive a greater, lesser, or different compensation for the
transportation deleted text beginof persons or propertydeleted text end or deleted text beginfor relateddeleted text end servicedeleted text begin,deleted text end new text beginprovided new text endthan the rates and
charges deleted text beginnamed in the carrier's schedule on file and in effect with the commissioner including
any rate fixed by the commissioner
deleted text endnew text begin specified in the tariffnew text end under section 221.161deleted text begin; nor shalldeleted text endnew text begin.new text end
A household goods deleted text begincarrierdeleted text endnew text begin mover must notnew text end refund or remit in any manner or by any device,
directly or indirectly, the rates and charges required to be collected by the deleted text begincarrierdeleted text endnew text begin movernew text end
under the deleted text begincarrier'sdeleted text endnew text begin mover'snew text end schedules deleted text beginor under the rates, if any, fixed by the commissionerdeleted text end.

Sec. 86.

Minnesota Statutes 2016, section 299A.01, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Highway user tax distribution fund use limitation. new text end

new text begin The commissioner is
prohibited from spending any money from the highway user tax distribution fund for the
public information center or comparable customer service positions elsewhere in the
department.
new text end

Sec. 87.

new text begin [299A.704] DRIVER AND VEHICLE SERVICES FUND.
new text end

new text begin A driver and vehicle services fund is established within the state treasury. The fund
consists of accounts and money as specified by law, and any other money donated, allotted,
transferred, or otherwise provided to the fund.
new text end

Sec. 88.

Minnesota Statutes 2016, section 299A.705, is amended to read:


299A.705 DRIVER AND VEHICLE SERVICES ACCOUNTS.

Subdivision 1.

Vehicle services operating account.

(a) The vehicle services operating
account is created in the deleted text beginspecial revenuedeleted text endnew text begin driver and vehicle servicesnew text end fund, consisting of all
money from the vehicle services fees specified in chapters 168, 168A, and 168D, and any
other money deleted text beginotherwisedeleted text end donated, allotted, deleted text beginappropriated, or legislateddeleted text endnew text begin transferred, or otherwise
provided
new text end to deleted text beginthisdeleted text endnew text begin thenew text end account.

(b) Funds appropriated deleted text beginare availabledeleted text endnew text begin from the account must be used by the commissioner
of public safety
new text end to administer new text beginthe new text endvehicle services deleted text beginasdeleted text end specified in chapters 168, 168A, and
168D, and section 169.345, including:

(1) designing, producing, issuing, and mailing vehicle registrations, plates, emblems,
and titles;

(2) collecting title and registration taxes and fees;

(3) transferring vehicle registration plates and titles;

(4) maintaining vehicle records;

(5) issuing disability certificates and plates;

(6) licensing vehicle dealers;

(7) appointing, monitoring, and auditing deputy registrars; and

(8) inspecting vehicles when required by law.

Subd. 2.

Driver services operating account.

(a) The driver services operating account
is created in the deleted text beginspecial revenuedeleted text endnew text begin driver and vehicle servicesnew text end fund, consisting of all money
collected under chapter 171 and any other money deleted text beginotherwisedeleted text end donated, allotted, deleted text beginappropriated,
or legislated
deleted text endnew text begin transferred, or otherwise providednew text end to the account.

(b) deleted text beginMoney in thedeleted text endnew text begin Funds appropriated from thenew text end account must be used by the commissioner
of public safety to administer the driver services specified in chapters 169A and 171,
including the activities associated with producing and mailing drivers' licenses and
identification cards and notices relating to issuance, renewal, or withdrawal of driving and
identification card privileges for any fiscal year or years and for the testing and examination
of drivers.

Subd. 3.

Driver and vehicle services technology account.

(a) The driver and vehicle
services technology account is created in the deleted text beginspecial revenuedeleted text endnew text begin driver and vehicle servicesnew text end
fund, consisting of the technology surcharge collected as specified in deleted text beginchapters 168, 168A,
and 171; the filing fee revenue collected under section 168.33, subdivision 7;
deleted text endnew text begin section 168.33new text end
and any other money deleted text beginotherwisedeleted text end donated, allotted, deleted text beginappropriated, or legislateddeleted text endnew text begin transferred, or
otherwise provided
new text end to deleted text beginthisdeleted text endnew text begin thenew text end account.

(b) Money in the account is annually appropriated to the commissioner of public safety
to support the research, development, deployment, and maintenance of a driver and vehicle
services information system.

(c) deleted text beginFollowing completion of the deposit of filing fee revenue into the driver and vehicle
services technology account as provided under section 168.33, subdivision 7
deleted text endnew text begin Annually by
February 1
new text end, the commissioner deleted text beginshalldeleted text endnew text begin mustnew text end submit a deleted text beginnotificationdeleted text end new text beginreport new text endto the chairs and
ranking minority members of the legislative committees with jurisdiction over transportation
policy and finance deleted text beginconcerning driver and vehicle services information system implementation,
which must include information
deleted text end on (1) total revenue deposited in the driver and vehicle
services technology accountnew text begin for the previous calendar yearnew text end, with a breakdown by sources
of funds; (2) total project costs incurrednew text begin through December 31 of the previous calendar yearnew text end,
with a breakdown by key project components; and (3) an estimate of ongoing system
maintenance costs.

Subd. 4.

Prohibited expenditures.

The commissioner is prohibited from expending
money from driver and vehicle services accounts created in the deleted text beginspecial revenuedeleted text endnew text begin driver and
vehicle services
new text end fund for any purpose that is not specifically authorized in this section or in
the chapters specified in this section.

Sec. 89.

Minnesota Statutes 2016, section 360.013, is amended by adding a subdivision
to read:


new text begin Subd. 46a. new text end

new text begin Comprehensive plan. new text end

new text begin "Comprehensive plan" has the meaning given in
section 394.22, subdivision 9, or 462.352, subdivision 5.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 90.

Minnesota Statutes 2016, section 360.017, subdivision 1, is amended to read:


Subdivision 1.

Creation; authorized disbursements.

(a) There is hereby created a
fund to be known as the state airports fund. The fund shall consist of all money appropriated
to it, or directed to be paid into it, by the legislature.

(b) The state airports fund shall be paid out on authorization of the commissioner and
shall be used:

(1) to acquire, construct, improve, maintain, and operate airports and other air navigation
facilities;

(2) to assist municipalities in the new text beginplanning, new text endacquisition, construction, improvement, and
maintenance of airports and other air navigation facilities;

(3) to assist municipalities to initiate, enhance, and market scheduled air service at their
airports;

(4) to promote interest and safety in aeronautics through education and information; and

(5) to pay the salaries and expenses of the Department of Transportation related to
aeronautic planning, administration, and operation. All allotments of money from the state
airports fund for salaries and expenses shall be approved by the commissioner of management
and budget.

deleted text begin (c) A municipality that adopts a comprehensive plan that the commissioner finds is
incompatible with the state aviation plan is not eligible for assistance from the state airports
fund.
deleted text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 91.

Minnesota Statutes 2016, section 360.021, subdivision 1, is amended to read:


Subdivision 1.

Authority to establish.

The commissioner is authorized and empowered,
on behalf of and in the name of this state, within the limitation of available appropriations,
to acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property,
real or personal, for the purpose of establishing and constructing restricted landing areas
and other air navigation facilities and to acquire in like manner, own, control, establish,
construct, enlarge, improve, maintain, equip, operate, regulate, and police such restricted
landing areas and other air navigation facilities, either within or without this state; and to
make, prior to any such acquisition, investigations, surveys, and plans. The commissioner
may maintain, equip, operate, regulate, and police airports, either within or without this
state. new text beginThe operation and maintenance of airports is an essential public service. new text endThe
commissioner may maintain at such airports facilities for the servicing of aircraft and for
the comfort and accommodation of air travelers. The commissioner may dispose of any
such property, airport, restricted landing area, or any other air navigation facility, by sale,
lease, or otherwise, in accordance with the laws of this state governing the disposition of
other like property of the state. The commissioner may not acquire or take over any restricted
landing area, or other air navigation facility without the consent of the owner. The
commissioner shall not acquire any additional state airports nor establish any additional
state-owned airports. The commissioner may erect, equip, operate, and maintain on any
airport buildings and equipment necessary and proper to maintain, and conduct such airport
and air navigation facilities connected therewith. The commissioner shall not expend money
for land acquisition, or for the construction, improvement, or maintenance of airports, or
for air navigation facilities for an airport, unless the deleted text begingovernmental unitdeleted text endnew text begin municipality, county,
or joint airport zoning board
new text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text beginThe commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation. The commissioner may withhold funding from only the airport subject
to the proposed zoning ordinance.
new text endNotwithstanding the foregoing prohibition, the
commissioner may continue to maintain the state-owned airport at Pine Creek.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 92.

Minnesota Statutes 2016, section 360.024, is amended to read:


360.024 AIR TRANSPORTATION SERVICE deleted text beginCHARGEdeleted text end.

new text begin Subdivision 1. new text end

new text begin Charges. new text end

new text begin(a) new text endThe commissioner deleted text beginshalldeleted text endnew text begin mustnew text end charge users of air
transportation services provided by the commissioner for direct operating costs, excluding
pilot salary deleted text beginanddeleted text endnew text begin.
new text end

new text begin (b) The commissioner must charge users for a portion ofnew text end aircraft acquisitionnew text begin, replacement,
or leasing
new text end costs.

new text begin Subd. 2. new text end

new text begin Accounts; appropriation. new text end

new text begin(a) An air transportation services account is
established in the state airports fund. The account consists of money collected under
subdivision 1, paragraph (a), and any other money donated, allotted, transferred, or otherwise
provided to the account.
new text end deleted text beginAll receipts for these services shall be deposited in the air
transportation services account in the state airports fund and are
deleted text endnew text begin Money in the account is
annually
new text end appropriated to the commissioner to pay deleted text beginthesedeleted text end direct air service operating costs.

new text begin (b) An aircraft capital account is established in the state airports fund. The account
consists of collections under subdivision 1, paragraph (b), proceeds from the sale of aircraft
under jurisdiction of the department, and any other money donated, allotted, transferred, or
otherwise provided to the account. Money in the account must be used for aircraft acquisition,
replacement, or leasing costs. Except as provided by law, the commissioner must not transfer
money into or out of the account.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 93.

Minnesota Statutes 2016, section 360.062, is amended to read:


360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING
deleted text begin NEIGHBORHOODdeleted text endnew text begin LAND USESnew text end.

(a) It is hereby found that an airport hazard endangers the lives and property of users of
the airport and of occupants of land in its vicinity, and may reduce the size of the area
available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility
of the airport and the public investment therein. It is also found that the social and financial
costs of disrupting existing land uses around airports deleted text beginin built up urban areas, particularly
established residential neighborhoods,
deleted text end often outweigh the benefits of a reduction in airport
hazards that might result from the elimination or removal of those uses.

(b) Accordingly, it is hereby declared: (1) deleted text beginthatdeleted text end the creation or establishment of an airport
hazard is a public nuisance and an injury to the community served by the airport in question;
(2) deleted text beginthatdeleted text end it is deleted text begintherefordeleted text end necessary in the interest of the public health, public safety, and general
welfare that the creation or establishment of airport hazards be prevented and that this should
be accomplished to the extent legally possible, by exercise of the police power, without
compensation; and (3) deleted text beginthatdeleted text end the elimination or removal of existing land usesdeleted text begin, particularly
established residential neighborhoods in built-up urban areas,
deleted text end or their designation as
nonconforming uses is not in the public interest and should be avoided whenever possible
consistent with reasonable standards of safety.

(c) It is further declared that the prevention of the creation or establishment of airport
hazards and the elimination, removal, alteration, mitigation, or marking and lighting of
existing airport hazards are new text beginessential new text endpublic deleted text beginpurposesdeleted text endnew text begin servicesnew text end for which political subdivisions
may raise and expend public funds and acquire land or property interests therein.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 94.

Minnesota Statutes 2016, section 360.063, subdivision 1, is amended to read:


Subdivision 1.

Enforcement under police power.

(a) In order to prevent the creation
or establishment of airport hazards, every municipality having an airport hazard area within
its territorial limits may, unless a joint airport zoning board is permitted under subdivision
3, adopt, amend from time to time, administer, and enforce, under the police power and in
the manner and upon the conditions hereinafter prescribed, airport zoning regulations for
such airport hazard area, which regulations may divide such area into zones, and, within
such zones, specify the land uses permitted and regulate and restrict the height to which
structures and trees may be erected or allowed to grow.

(b) deleted text beginFor the purpose of promotingdeleted text endnew text begin In order to promotenew text end health, safety, order, convenience,
prosperity, general welfare and deleted text beginfor conservingdeleted text endnew text begin to conservenew text end property values and deleted text beginencouragingdeleted text endnew text begin
encourage
new text end the most appropriate use of land, the municipality may regulate deleted text beginthe location, size
and use of buildings and the density of population in that portion of an airport hazard area
under approach zones for a distance not to exceed two miles from the airport boundary and
in other portions of an
deleted text endnew text begin innew text end airport hazard deleted text beginarea may regulate by land use zoning for a distance
not to exceed one mile from the airport boundary, and by height-restriction zoning for a
distance not to exceed 1-1/2 miles from the airport boundary
deleted text endnew text begin areas: (1) land use; (2) height
restrictions; (3) the location, size, and use of buildings; and (4) the density of population
new text end.

(c) The powers granted by this subdivision may be exercised by metropolitan airports
commissions in contiguous cities of the first class in and for which they have been created.

(d) In the case of airports owned or operated by the state of Minnesota such powers shall
be exercised by the state airport zoning boards or by the commissioner of transportation as
authorized herein.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 95.

Minnesota Statutes 2016, section 360.063, subdivision 3, is amended to read:


Subd. 3.

Joint airport zoning board.

(a) Where an airport is owned or controlled by a
municipality and an airport hazard area appertaining to the airport is located within the
territorial limits of another county or municipality, the municipality owning or controlling
the airport may request a county or municipality in which an airport hazard area is located:

(1) to adopt and enforce airport zoning regulations for the area in question deleted text beginthat conform
to standards prescribed by the commissioner pursuant to subdivision 4
deleted text endnew text begin under sections
360.0655 and 360.0656
new text end; or

(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning
or controlling municipality shall determine which of these actions it shall request, except
as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall
be made by certified mail to the governing body of each county and municipality in which
an airport hazard area is located.

(b) Where an airport is owned or controlled by a municipality and an airport hazard area
appertaining to the airport is located within the territorial limits of another county or
municipality, the municipality owning or controlling the airport and the county or other
municipality within which the airport hazard area is located may, by ordinance or resolution
duly adopted, create a joint airport zoning board, which board shall have the same power
to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard
area in question as that vested by subdivision 1 in the municipality within which the area
is located. A joint board shall have as members two representatives appointed by the
municipality owning or controlling the airport and two from the county or municipality, or
in case more than one county or municipality is involved two from each county or
municipality, in which the airport hazard is located, and in addition a chair elected by a
majority of the members so appointed. All members shall serve at the pleasure of their
respective appointing authority. Notwithstanding any other provision of law to the contrary,
if the owning and controlling municipality is a city of the first class it shall appoint four
members to the board, and the chair of the board shall be elected from the membership of
the board.

(c) If a county or municipality, within 60 days of receiving a request from an owning
or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to
enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the
owning or controlling municipality, or a joint airport zoning board created without
participation by the subdivisions which fail to join the board, may itself adopt, administer,
and enforce airport zoning regulations for the airport hazard area in question. In the event
of conflict between the regulations and airport zoning regulations adopted by the county or
municipality within which the airport hazard area is located, section 360.064, subdivision
2
, applies.

(d) "Owning or controlling municipality," as used in this subdivision, includes:

(1) a joint airport operating board created pursuant to section 360.042 that has been
granted all the powers of a municipality in zoning matters under the agreement creating the
board;

(2) a joint airport operating board created pursuant to section 360.042 that has not been
granted zoning powers under the agreement creating the board; provided that the board shall
not itself adopt zoning regulations nor shall a joint airport zoning board created at its request
adopt zoning regulations unless all municipalities that created the joint operating board join
to create the joint zoning board; and

(3) the Metropolitan Airports Commission established and operated pursuant to chapter
473.

(e) The Metropolitan Airports Commission shall request creation of one joint airport
zoning board for each airport operated under its authority.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 96.

Minnesota Statutes 2016, section 360.064, subdivision 1, is amended to read:


Subdivision 1.

Comprehensive regulations.

In the event that a municipality has adopted,
or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the
height of buildings, any airport zoning regulations applicable to the same area or portion
thereof deleted text beginmaydeleted text endnew text begin mustnew text end be new text beginincorporated by reference ornew text end incorporated in and made a part of such
comprehensive zoning regulations and be administered and enforced in connection therewith.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 97.

Minnesota Statutes 2016, section 360.065, subdivision 1, is amended to read:


Subdivision 1.

Notice of proposed zoning regulations, hearing.

new text begin(a) new text endNo airport zoning
regulations shall be adopted, amended, or changed under sections 360.011 to 360.076,
except by action of the governing body of the municipality deleted text beginordeleted text endnew text begin,new text end county deleted text beginin questiondeleted text end, new text beginor joint
airport zoning board under section 360.0655 or 360.0656,
new text endor the boards provided for in
section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions
6 and 8deleted text begin, after public hearings, at which parties in interest and citizens shall have an
opportunity to be heard
deleted text end.

new text begin (b)new text end A public hearing deleted text beginshalldeleted text endnew text begin mustnew text end be held on the deleted text beginproposeddeleted text endnew text begin airport zoningnew text end regulations
new text begin proposed by a municipality, county, or joint airport zoning board new text endbefore they are submitted
deleted text begin for approvaldeleted text end to the commissioner deleted text beginand after that approval but before final adoption by the
local zoning authority
deleted text endnew text begin for approvalnew text end.new text begin If any changes that alter the regulations placed on a
parcel of land are made to the proposed airport zoning regulations after the initial public
hearing, the municipality, county, or joint airport zoning board must hold a second public
hearing before final adoption of the regulation. The commissioner may require a second
hearing as determined necessary.
new text end

new text begin (c)new text end Notice of a hearing deleted text beginrequired pursuant to this subdivision shalldeleted text endnew text begin mustnew text end be published by
the deleted text beginlocal zoning authoritydeleted text endnew text begin municipality, county, or joint airport zoning boardnew text end at least three
times during the period between 15 days and five days before the hearing in an official
newspaper and in a second newspaper designated by that authority which has a wide general
circulation in the area affected by the proposed regulationsdeleted text begin.deleted text end new text beginand posted on the municipality's,
county's, or joint airport zoning board's Web site. If there is not a second newspaper of wide
general circulation in the area that the municipality, county, or joint airport zoning board
can designate for the notice, the municipality, county, or joint airport zoning board is only
required to publish the notice once in the official newspaper of the jurisdiction.
new text end The notice
shall not be published in the legal notice section of a newspaper.new text begin The notice must specify
the time, location, and purpose of the hearing, and must identify any additional location and
time the proposed regulations will be available for public inspection. A copy of the published
notice must be added to the record of the proceedings.
new text end

new text begin (d)new text end Notice of a hearing deleted text beginshall also be mailed to the governing body of each political
subdivision in which property affected by the regulations is located. Notice shall
deleted text endnew text begin mustnew text end be
given by mail at least deleted text begin15deleted text endnew text begin tennew text end days before each hearing to deleted text beginanydeleted text end persons deleted text beginin municipalities that
own land proposed to be included in safety zone A or B as provided in the rules of the
Department of Transportation
deleted text end and new text beginlandowners where the location or size of a building, or
the density of population, will be regulated. Mailed notice must also be provided at least
ten days before each hearing
new text endto persons or municipalities that have previously requested
such notice from the deleted text beginauthority.deleted text end new text beginmunicipality, county, or joint airport zoning board. The
notice must specify the time, location, and purpose of the hearing, and must identify any
additional location and time the proposed regulations will be made available for public
inspection. Mailed notice must also identify the property affected by the regulations.
new text endFor
the purpose of deleted text begingivingdeleted text endnew text begin providingnew text end mailed notice, the deleted text beginauthoritydeleted text endnew text begin municipality, county, or joint
airport zoning board
new text end may use any appropriate records to determine the names and addresses
of owners. A copy of the notice and a list of the owners and addresses to which the notice
was sent deleted text beginshall be attested to by the responsible person and shalldeleted text endnew text begin mustnew text end be deleted text beginmade a part ofdeleted text endnew text begin
added to
new text end the records of the proceedings. deleted text beginThedeleted text end Failure to deleted text begingivedeleted text endnew text begin providenew text end mailed notice to
individual property ownersdeleted text begin,deleted text end or deleted text begindefectsdeleted text endnew text begin a defectnew text end in the noticedeleted text begin, shalldeleted text endnew text begin doesnew text end not invalidate the
proceedingsdeleted text begin; provideddeleted text endnew text begin ifnew text end a bona fide attempt to comply with this subdivision deleted text beginhas beendeleted text endnew text begin wasnew text end
made. deleted text beginA notice shall describe the property affected by the proposed regulations and the
restrictions to be imposed on the property by the regulations and shall state the place and
time at which the proposed regulations are available for public inspection.
deleted text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 98.

new text begin [360.0655] AIRPORT ZONING REGULATIONS BASED ON
COMMISSIONER'S STANDARDS; SUBMISSION PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Submission to commissioner; review. new text end

new text begin (a) Except as provided in section
360.0656, prior to adopting zoning regulations the municipality, county, or joint airport
zoning board must submit the proposed regulations to the commissioner for the commissioner
to determine whether the regulations conform to the standards prescribed by the
commissioner. The municipality, county, or joint airport zoning board may elect to complete
custom airport zoning under section 360.0656 instead of using the commissioner's standard,
but only after providing written notice to the commissioner.
new text end

new text begin (b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period. If the commissioner requests additional information, the 90-day review period
is tolled until the commissioner receives information and deems the information satisfactory.
new text end

new text begin (c) If the commissioner objects on the grounds that the regulations do not conform to
the standards prescribed by the commissioner, the municipality, county, or joint airport
zoning board must make amendments necessary to resolve the objections or provide written
notice to the commissioner that the municipality, county, or joint airport zoning board has
elected to proceed with zoning under section 360.0656.
new text end

new text begin (d) If the municipality, county, or joint airport zoning board makes revisions to the
proposed regulations after its initial public hearing, the municipality, county, or joint airport
zoning board must conduct a second public hearing on the revisions and resubmit the revised
proposed regulations to the commissioner for review. The commissioner must examine the
revised proposed regulations within 90 days of receipt to determine whether the revised
proposed regulations conform to the standards prescribed by the commissioner.
new text end

new text begin (e) If, after a second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that conform to
the commissioner's standards, the commissioner must provide a final written decision to
the municipality, county, or joint airport zoning board.
new text end

new text begin (f) The municipality, county, or joint airport zoning board must not adopt regulations
or take other action until the proposed regulations are approved by the commissioner.
new text end

new text begin (g) The commissioner may approve local zoning ordinances that are more stringent than
the commissioner's standards.
new text end

new text begin (h) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end

new text begin (i) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end

new text begin (j) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end

new text begin Subd. 2. new text end

new text begin Protection of existing land uses. new text end

new text begin (a) In order to ensure minimum disruption
of existing land uses, the commissioner's airport zoning standards and local airport zoning
ordinances or regulations adopted under this section must distinguish between the creation
or establishment of a use and the elimination of an existing use, and must avoid the
elimination, removal, or reclassification of existing uses to the extent consistent with
reasonable safety standards. The commissioner's standards must include criteria for
determining when an existing land use may constitute an airport hazard so severe that public
safety considerations outweigh the public interest in preventing disruption to that land use.
new text end

new text begin (b) Airport zoning regulations that classify as a nonconforming use or require
nonconforming use classification with respect to any existing low-density structure or
existing isolated low-density building lots must be adopted under sections 360.061 to
360.074.
new text end

new text begin (c) A local airport zoning authority may classify a land use described in paragraph (b)
as an airport hazard if the authority finds that the classification is justified by public safety
considerations and is consistent with the commissioner's airport zoning standards. Any land
use described in paragraph (b) that is classified as an airport hazard must be acquired, altered,
or removed at public expense.
new text end

new text begin (d) This subdivision must not be construed to affect the classification of any land use
under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 99.

new text begin [360.0656] CUSTOM AIRPORT ZONING STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Custom airport zoning standards; factors. new text end

new text begin (a) Notwithstanding section
360.0655, a municipality, county, or joint airport zoning board must provide notice to the
commissioner when the municipality, county, or joint airport zoning board intends to establish
and adopt custom airport zoning regulations under this section.
new text end

new text begin (b) Airport zoning regulations submitted to the commissioner under this subdivision are
not subject to the commissioner's zoning regulations under section 360.0655 or Minnesota
Rules, part 8800.2400.
new text end

new text begin (c) When developing and adopting custom airport zoning regulations under this section,
the municipality, county, or joint airport zoning board must include in the record a detailed
analysis that explains how the proposed custom airport zoning regulations addressed the
following factors to ensure a reasonable level of safety:
new text end

new text begin (1) the location of the airport, the surrounding land uses, and the character of
neighborhoods in the vicinity of the airport, including:
new text end

new text begin (i) the location of vulnerable populations, including schools, hospitals, and nursing
homes, in the airport hazard area;
new text end

new text begin (ii) the location of land uses that attract large assemblies of people in the airport hazard
area;
new text end

new text begin (iii) the availability of contiguous open spaces in the airport hazard area;
new text end

new text begin (iv) the location of wildlife attractants in the airport hazard area;
new text end

new text begin (v) airport ownership or control of the federal Runway Protection Zone and the
department's Clear Zone;
new text end

new text begin (vi) land uses that create or cause interference with the operation of radio or electronic
facilities used by the airport or aircraft;
new text end

new text begin (vii) land uses that make it difficult for pilots to distinguish between airport lights and
other lights, result in glare in the eyes of pilots using the airport, or impair visibility in the
vicinity of the airport;
new text end

new text begin (viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the
aircraft;
new text end

new text begin (ix) airspace protection to prevent the creation of air navigation hazards in the airport
hazard area; and
new text end

new text begin (x) the social and economic costs of restricting land uses;
new text end

new text begin (2) the airport's type of operations and how the operations affect safety surrounding the
airport;
new text end

new text begin (3) the accident rate at the airport compared to a statistically significant sample, including
an analysis of accident distribution based on the rate with a higher accident incidence;
new text end

new text begin (4) the planned land uses within an airport hazard area, including any applicable platting,
zoning, comprehensive plan, or transportation plan; and
new text end

new text begin (5) any other information relevant to safety or the airport.
new text end

new text begin Subd. 2. new text end

new text begin Submission to commissioner; review. new text end

new text begin (a) Except as provided in section
360.0655, prior to adopting zoning regulations, the municipality, county, or joint airport
zoning board must submit its proposed regulations and the supporting record to the
commissioner for review. The commissioner must determine whether the proposed custom
airport zoning regulations and supporting record (1) evaluate the criteria under subdivision
1, and (2) provide a reasonable level of safety.
new text end

new text begin (b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period.
new text end

new text begin (c) If the commissioner objects on the grounds that the regulations do not provide a
reasonable level of safety, the municipality, county, or joint airport zoning board must
review, consider, and provide a detailed explanation demonstrating how it evaluated the
objections and what action it took or did not take in response to the objections. If the
municipality, county, or joint airport zoning board submits amended regulations after its
initial public hearing, the municipality, county, or joint airport zoning board must conduct
a second public hearing on the revisions and resubmit the revised proposed regulations to
the commissioner for review. The commissioner must examine the revised proposed
regulations within 90 days of receipt of the regulations. If the commissioner requests
additional information, the 90-day review period is tolled until satisfactory information is
received by the commissioner. Failure to respond within 90 days is deemed an approval.
new text end

new text begin (d) If, after the second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that provide a
reasonable safety level, the commissioner must provide a final written decision to the
municipality, county, or joint airport zoning board.
new text end

new text begin (e) A municipality, county, or joint airport zoning board is prohibited from adopting
custom regulations or taking other action until the proposed regulations are approved by
the commissioner.
new text end

new text begin (f) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end

new text begin (g) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end

new text begin (h) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 100.

Minnesota Statutes 2016, section 360.066, subdivision 1, is amended to read:


Subdivision 1.

Reasonableness.

deleted text beginStandards of the commissionerdeleted text endnew text begin Zoning standardsnew text end defining
airport hazard areas and the categories of uses permitted and airport zoning regulations
adopted under sections 360.011 to 360.076deleted text begin, shalldeleted text endnew text begin mustnew text end be reasonabledeleted text begin,deleted text end and none shall impose
a requirement or restriction deleted text beginwhichdeleted text endnew text begin thatnew text end is not reasonably necessary to effectuate the purposes
of sections 360.011 to 360.076. deleted text beginIn determining what minimum airport zoning regulations
may be adopted, the commissioner and a local airport zoning authority shall consider, among
other things, the character of the flying operations expected to be conducted at the airport,
the location of the airport, the nature of the terrain within the airport hazard area, the existing
land uses and character of the neighborhood around the airport, the uses to which the property
to be zoned are planned and adaptable, and the social and economic costs of restricting land
uses versus the benefits derived from a strict application of the standards of the commissioner.
deleted text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 101.

Minnesota Statutes 2016, section 360.067, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Federal no hazard determination. new text end

new text begin (a) Notwithstanding subdivisions 1 and 2,
a municipality, county, or joint airport zoning board may include in its custom airport zoning
regulations adopted under section 360.0656 an option to permit construction of a structure,
an increase or alteration of the height of a structure, or the growth of an existing tree without
a variance from height restrictions if the Federal Aviation Administration has analyzed the
proposed construction, alteration, or growth under Code of Federal Regulations, title 14,
part 77, and has determined the proposed construction, alteration, or growth does not:
new text end

new text begin (1) pose a hazard to air navigation;
new text end

new text begin (2) require changes to airport or aircraft operations; or
new text end

new text begin (3) require any mitigation conditions by the Federal Aviation Administration that cannot
be satisfied by the landowner.
new text end

new text begin (b) A municipality, county, or joint airport zoning board that permits an exception to
height restrictions under this subdivision must require the applicant to file the Federal
Aviation Administration's no hazard determination with the applicable zoning administrator.
The applicant must obtain written approval of the zoning administrator before construction,
alteration, or growth may occur. Failure of the administrator to respond within 60 days to
a filing under this subdivision is deemed a denial. The Federal Aviation Administration's
no hazard determination does not apply to requests for variation from land use, density, or
any other requirement unrelated to the height of structures or the growth of trees.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 102.

Minnesota Statutes 2016, section 360.071, subdivision 2, is amended to read:


Subd. 2.

Membership.

new text begin(a) new text endWhere a zoning board of appeals or adjustment already exists,
it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall
consist of five members, each to be appointed for a term of three years by the authority
adopting the regulations and to be removable by the appointing authority for cause, upon
written charges and after public hearing. new text beginThe length of initial appointments may be staggered.
new text end

new text begin (b) new text endIn the case of a Metropolitan Airports Commission, five members shall be appointed
by the commission new text beginchair new text endfrom the area in and for which the commission was created, any
of whom may be members of the commission. In the case of an airport owned or operated
by the state of Minnesota, the board of commissioners of the county, or counties, in which
the airport hazard area is located shall constitute the airport board of adjustment and shall
exercise the powers and duties of such board as provided herein.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 103.

Minnesota Statutes 2016, section 360.305, subdivision 6, is amended to read:


Subd. 6.

Zoning required.

The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end not expend money for new text beginplanning
or
new text endland acquisition, deleted text beginordeleted text end for the construction, improvement, or maintenance of airports, or for
air navigation facilities for an airport, unless the deleted text begingovernmental unitdeleted text endnew text begin municipality, county,
or joint airport zoning board
new text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text beginThe commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation.
new text endThe commissioner deleted text beginshalldeleted text endnew text begin mustnew text end make maximum use of zoning and easements
to eliminate runway and other potential airport hazards rather than land acquisition in fee.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 104.

Minnesota Statutes 2016, section 394.22, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Airport safety zone. new text end

new text begin "Airport safety zone" means an area subject to land use
zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate
(1) the size or location of buildings, or (2) the density of population.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 105.

Minnesota Statutes 2016, section 394.23, is amended to read:


394.23 COMPREHENSIVE PLAN.

The board has the power and authority to prepare and adopt by ordinance, a
comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
the basis for official controls adopted under the provisions of sections 394.21 to 394.37.
The commissioner of natural resources must provide the natural heritage data from the
county biological survey, if available, to each county for use in the comprehensive plan.
When adopting or updating the comprehensive plan, the board must, if the data is available
to the county, consider natural heritage data resulting from the county biological survey. In
a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision
10b
, the board must consider adopting goals and objectives that will protect open space and
the environment.new text begin The board must consider the location and dimensions of airport safety
zones in any portion of the county, and of any airport improvements, identified in the airport's
most recent approved airport layout plan.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 106.

Minnesota Statutes 2016, section 394.231, is amended to read:


394.231 COMPREHENSIVE PLANS IN GREATER MINNESOTA; OPEN SPACE.

A county adopting or updating a comprehensive plan in a county outside the metropolitan
area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent
area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and
objectives for the preservation of agricultural, forest, wildlife, and open space land, and
minimizing development in sensitive shoreland areas. Within three years of updating the
comprehensive plan, the county shall consider adopting ordinances as part of the county's
official controls that encourage the implementation of the goals and objectives. The county
shall consider the following goals and objectives:

(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;

(2) minimizing further development in sensitive shoreland areas;

(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;

new text begin (4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;

deleted text begin (5)deleted text endnew text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;

deleted text begin (6)deleted text endnew text begin (7)new text end identification of areas where other developments are appropriate; and

deleted text begin (7)deleted text endnew text begin (8)new text end other goals and objectives a county may identify.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 107.

Minnesota Statutes 2016, section 394.25, subdivision 3, is amended to read:


Subd. 3.

In district zoning, maps.

Within each such district zoning ordinances or maps
may also be adopted designating or limiting the location, height, width, bulk, type of
foundation, number of stories, size of, and the specific uses for which dwellings, buildings,
and structures may be erected or altered; the minimum and maximum size of yards, courts,
or other open spaces; setback from existing roads and highways and roads and highways
designated on an official map; protective measures necessary to protect the public interest
including but not limited to controls relating to appearance, signs, lighting, hours of operation
and other aesthetic performance characteristics including but not limited to noise, heat,
glare, vibrations and smoke; the area required to provide for off street loading and parking
facilities; heights of trees and structures near airports; and to avoid too great concentration
or scattering of the population. All such provisions shall be uniform for each class of land
or building throughout each district, but the provisions in one district may differ from those
in other districts. No provision may prohibit earth sheltered construction as defined in section
216C.06, subdivision 14, or manufactured homes built in conformance with sections 327.31
to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section.new text begin
Airport safety zones must be included on maps that illustrate boundaries of zoning districts
and that are adopted as official controls.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end

Sec. 108.

Minnesota Statutes 2016, section 462.352, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Airport safety zone. new text end

new text begin "Airport safety zone" has the meaning given in section
394.22, subdivision 1a.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 109.

Minnesota Statutes 2016, section 462.355, subdivision 1, is amended to read:


Subdivision 1.

Preparation and review.

The planning agency shall prepare the
comprehensive municipal plan. In discharging this duty the planning agency shall consult
with and coordinate the planning activities of other departments and agencies of the
municipality to insure conformity with and to assist in the development of the comprehensive
municipal plan. In its planning activities the planning agency shall take due cognizance of
the planning activities of adjacent units of government and other affected public agencies.
The planning agency shall periodically review the plan and recommend amendments
whenever necessary. When preparing or recommending amendments to the comprehensive
plan, the planning agency of a municipality located within a county that is not a greater than
80 percent area, as defined in section 103G.005, subdivision 10b, must consider adopting
goals and objectives that will protect open space and the environment.new text begin When preparing or
recommending amendments to the comprehensive plan, the planning agency must consider
(1) the location and dimensions of airport safety zones in any portion of the municipality,
and (2) any airport improvements identified in the airport's most recent approved airport
layout plan.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 110.

Minnesota Statutes 2016, section 462.357, is amended by adding a subdivision
to read:


new text begin Subd. 1i. new text end

new text begin Airport safety zones on zoning maps. new text end

new text begin Airport safety zones must be included
on maps that illustrate boundaries of zoning districts and that are adopted as official controls.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end

Sec. 111.

Minnesota Statutes 2016, section 462.357, subdivision 9, is amended to read:


Subd. 9.

Development goals and objectives.

In adopting official controls after July 1,
2008, in a municipality outside the metropolitan area, as defined by section 473.121,
subdivision 2
, the municipality shall consider restricting new residential, commercial, and
industrial development so that the new development takes place in areas subject to the
following goals and objectives:

(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;

(2) minimizing further development in sensitive shoreland areas;

(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;

new text begin (4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;

deleted text begin (5)deleted text endnew text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;

deleted text begin (6)deleted text endnew text begin (7)new text end identification of areas where other developments are appropriate; and

deleted text begin (7)deleted text endnew text begin (8)new text end other goals and objectives a municipality may identify.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

Sec. 112.

Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision
to read:


new text begin Subd. 1d. new text end

new text begin Budget changes or variances; reports. new text end

new text begin At least quarterly by January 1, April
1, July 1, and October 1, the council must submit a summary to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over transportation policy and finance and to the Legislative Commission on Metropolitan
Government on any changes to or variances from the budget adopted under subdivision 1.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 113.

Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Overview of revenues and expenditures; forecast. new text end

new text begin (a) In cooperation with
the Department of Management and Budget and in conjunction with the release of each
forecast required by section 16A.103, the council must prepare a financial overview and
forecast of revenues and expenditures for the transportation components of the council's
budget.
new text end

new text begin (b) At a minimum, the financial overview and forecast must identify:
new text end

new text begin (1) actual revenues, expenditures, transfers, reserves, and balances for each of the previous
four budget years;
new text end

new text begin (2) budgeted and forecasted revenues, expenditures, transfers, reserves, and balances
for each year within the state forecast period; and
new text end

new text begin (3) a comparison of the information under clause (2) to the prior forecast, including any
changes made.
new text end

new text begin (c) The information under paragraph (b), clauses (1) and (2), must include:
new text end

new text begin (1) a breakdown for each transportation operating budget category established by the
council, including but not limited to bus, light rail transit, commuter rail, planning, special
transportation service under section 473.386, and assistance to replacement service providers
under section 473.388;
new text end

new text begin (2) data for both transportation operating and capital expenditures; and
new text end

new text begin (3) fund balances for each replacement service provider under section 473.388.
new text end

new text begin (d) The financial overview and forecast must summarize reserve policies, identify the
methodology for cost allocation, and review revenue assumptions and variables affecting
the assumptions.
new text end

new text begin (e) The council must review the financial overview and forecast information with the
chairs, ranking minority members, and staff of the legislative committees with jurisdiction
over finance, ways and means, and transportation finance no later than two weeks following
the release of the forecast.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 114.

Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Budget assumptions. new text end

new text begin (a) As part of the budget submission to the legislature
under section 16A.11, the council must explicitly identify the assumptions used (1) to prepare
the budget submission, and (2) for any underlying documentation or plans regarding
transportation and transit.
new text end

new text begin (b) As part of the budget submission to the legislature under section 16A.11, the council
must include copies of any report, application, or related document submitted to the Federal
Transit Administration since the previous budget submission was provided to the legislature.
In the budget submission, the council must explicitly identify the assumptions used to
prepare each of the reports, applications, or related documents.
new text end

new text begin (c) In the budget submission to the legislature under section 16A.11, the council must
include a section that provides a detailed explanation of the impact each assumption identified
in paragraphs (a) and (b) has on the council's financial forecast.
new text end

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 115.

Minnesota Statutes 2016, section 473.386, subdivision 3, is amended to read:


Subd. 3.

Duties of council.

In implementing the special transportation service, the council
deleted text begin shalldeleted text endnew text begin mustnew text end:

deleted text begin (a)deleted text endnew text begin (1)new text end encourage participation in the service by public, private, and private nonprofit
providers of special transportation currently receiving capital or operating assistance from
a public agency;

deleted text begin (b)deleted text endnew text begin (2)new text end when feasible and cost-efficient, contract with public, private, and private nonprofit
providers that have demonstrated their ability to effectively provide service at a reasonable
cost;

deleted text begin (c)deleted text endnew text begin (3)new text end encourage individuals using special transportation to use the type of service most
appropriate to their particular needs;

deleted text begin (d)deleted text endnew text begin (4)new text end encourage shared rides to the greatest extent practicable;

deleted text begin (e)deleted text endnew text begin (5)new text end encourage public agencies that provide transportation to eligible individuals as
a component of human services and educational programs to coordinate with this service
and to allow reimbursement for transportation provided through the service at rates that
reflect the public cost of providing that transportation;

deleted text begin (f)deleted text endnew text begin (6)new text end establish criteria to be used in determining individual eligibility for special
transportation services;

deleted text begin (g)deleted text endnew text begin (7)new text end consult with the Transportation Accessibility Advisory Committee in a timely
manner before changes are made in the provision of special transportation services;

deleted text begin (h)deleted text endnew text begin (8)new text end provide for effective administration and enforcement of council policies and
standards; and

deleted text begin (i)deleted text endnew text begin (9)new text end ensure that, taken as a whole including contracts with public, private, and private
nonprofit providers, the geographic coverage area of the special transportation service is
continuous within the boundaries of the transit taxing district, as defined as of March 1,
2006, in section 473.446, subdivision 2new text begin, and any area added to the transit taxing district
under section 473.4461 that received capital improvements financed in part under the United
States Department of Transportation Urban Partnership Agreement program
new text end.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective July 1, 2019, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 116.

Minnesota Statutes 2016, section 473.386, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Data practices. new text end

new text begin (a) For purposes of administering this section, and only with
the consent of the data subject, the commissioner of human services and the Metropolitan
Council may share the following private data on individuals eligible for special transportation
services:
new text end

new text begin (1) name;
new text end

new text begin (2) date of birth;
new text end

new text begin (3) residential address; and
new text end

new text begin (4) program eligibility status with expiration date, to inform the other party of program
eligibility.
new text end

new text begin (b) The commissioner of human services and the Metropolitan Council must provide
notice regarding data sharing to each individual applying for or renewing eligibility to use
special transportation services. The notice must seek consent to engage in data sharing under
paragraph (a), and must state how and for what purposes the individual's private data will
be shared between the commissioner of human services and the Metropolitan Council. A
consent to engage in data sharing is effective until the individual's eligibility expires, but
may be renewed if the individual applies to renew eligibility.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Within 60 days of this section's effective date, the commissioner of human services and the
Metropolitan Council must provide notice regarding data sharing to each individual who is
currently receiving special transportation services under Minnesota Statutes, section 473.386.
The notice must provide an opportunity to opt out of data sharing under paragraph (a) of
this section, and must state how and for what purposes the individual's private data will be
shared between the commissioner of human services and the Metropolitan Council. An
individual who is currently receiving special transportation services on this section's effective
date is presumed to have consented to data sharing under paragraph (a) unless, within 60
days of the dissemination of the notice, the individual appropriately informs the commissioner
of human services or the Metropolitan Council that the individual opts out of data sharing.
new text end

Sec. 117.

Minnesota Statutes 2017 Supplement, section 473.4051, subdivision 2, is amended
to read:


Subd. 2.

Operating costs.

(a) After operating revenue and federal money have been
used to pay for light rail transit operations, 50 percent of the remaining operating costs must
be paid by the state.

(b) Notwithstanding paragraph (a), all operating and ongoing capital maintenance costs
must be paid from nonstate sources for a segment of a light rail transit line or line extension
project that formally entered the engineering phase of the Federal Transit Administration's
"New Starts" capital investment grant program between August 1, 2016, and December 31,
2016.

new text begin (c) For purposes of this subdivision, operating costs consist of the costs associated with
light rail system daily operations and the maintenance costs associated with keeping light
rail services and facilities operating. Operating costs do not include costs incurred to construct
new buildings or facilities, purchase new vehicles, or make technology improvements.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 118.

Minnesota Statutes 2016, section 473.4051, subdivision 3, is amended to read:


Subd. 3.

Capital costs.

State money deleted text beginmaydeleted text endnew text begin mustnew text end not be used deleted text beginto pay more than ten percent
of
deleted text endnew text begin fornew text end the deleted text begintotaldeleted text end capital cost of a light rail transit project.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective June 1, 2018, for
appropriations encumbered on or after that date and applies in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 119.

Minnesota Statutes 2017 Supplement, section 473.4485, subdivision 2, is amended
to read:


Subd. 2.

Legislative report.

(a) By October 15 in every even-numbered year, the council
must prepare, in collaboration with the commissioner, a report on comprehensive transit
finance in the metropolitan area. The council must submit the report electronically to the
chairs and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance.

(b) The report must be structured to provide financial information in six-month increments
corresponding to state and local fiscal years, and must use consistent assumptions and
methodologies. new text beginThe report must explicitly identify and explain the assumptions and
methodologies used to prepare the report.
new text endThe report must comprehensively identify all
funding sources and expenditures related to transit in the metropolitan area, including but
not limited to:

(1) sources and uses of funds from regional railroad authorities, joint powers agreements,
counties, and cities;

(2) expenditures for transit planning, feasibility studies, alternatives analysis, and other
transit project development; and

(3) expenditures for guideways, busways, regular route bus service, demand-response
service, and special transportation service under section 473.386.

(c) The report must include a section that summarizes the status of (1) guideways in
revenue operation, and (2) guideway projects (i) currently in study, planning, development,
or construction; (ii) identified in the transportation policy plan under section 473.146; or
(iii) identified in the comprehensive statewide freight and passenger rail plan under section
174.03, subdivision 1b.

(d) At a minimum, the guideways status section of the report must provide for each
guideway project wholly or partially in the metropolitan area:

(1) a brief description of the project, including projected ridership;

(2) a summary of the overall status and current phase of the project;

(3) a timeline that includes (i) project phases or milestones, including any federal
approvals; (ii) expected and known dates of commencement of each phase or milestone;
and (iii) expected and known dates of completion of each phase or milestone;

(4) a brief progress update on specific project phases or milestones completed since the
last previous submission of a report under this subdivision; and

(5) a summary financial plan that identifies, as reflected by the data and level of detail
available in the latest phase of project development and to the extent available:

(i) capital expenditures, including expenditures to date and total projected expenditures,
with a breakdown by committed and proposed sources of funds for the project;

(ii) estimated annual operations and maintenance expenditures reflecting the level of
detail available in the current phase of the project development, with a breakdown by
committed and proposed sources of funds for the project; and

(iii) if feasible, project expenditures by budget activity.

(e) The report must include a section that summarizes the status of (1) busways in revenue
operation, and (2) busway projects currently in study, planning, development, or construction.

(f) The report must include a section that identifies the total ridership, farebox recovery
ratio, and per-passenger operating subsidy for (1) each route and line in revenue operation
by a transit provider, including guideways, busways, and regular route bus service; and (2)
demand-response service and special transportation service. The section must provide data,
as available on a per-passenger mile basis and must provide information for at least the
previous three years. The section must identify performance standards for farebox recovery
and identify each route and line that does not meet the standards.

(g) The report must also include a systemwide capacity analysis for transit operations
and investment in expansion and maintenance that:

(1) provides a funding projection, annually over the ensuing ten years, and with a
breakdown by committed and proposed sources of funds, of:

(i) total capital expenditures for guideways and for busways;

(ii) total operations and maintenance expenditures for guideways and for busways;

(iii) total funding available for guideways and for busways, including from projected or
estimated farebox recovery; and

(iv) total funding available for transit service in the metropolitan area; and

(2) evaluates the availability of funds and distribution of sources of funds for guideway
and for busway investments.

(h) The capacity analysis under paragraph (g) must include all guideway and busway
lines for which public funds are reasonably expected to be expended in planning,
development, construction, revenue operation, or capital maintenance during the ensuing
ten years.

(i) Local units of government must provide assistance and information in a timely manner
as requested by the commissioner or council for completion of the report.

new text begin APPLICATION. new text end

new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 120.

Minnesota Statutes 2016, section 473.606, subdivision 5, is amended to read:


Subd. 5.

Employees, others, affirmative action; prevailing wage.

The corporation
deleted text begin shall havedeleted text endnew text begin hasnew text end the power to appoint engineers and other consultants, attorneys, and deleted text beginsuchdeleted text end
other officers, agents, and employees as it may see fit, who deleted text beginshalldeleted text endnew text begin mustnew text end perform such duties
and receive such compensation as the corporation may determinenew text begin notwithstanding the
provisions of section 43A.17, subdivision 9
new text end, and be removable at the pleasure of the
corporation. The corporation must adopt an affirmative action plan, which deleted text beginshalldeleted text endnew text begin mustnew text end be
submitted to the appropriate agency or office of the state for review and approval. The plan
must include a yearly progress report to the agency or office. Whenever the corporation
performs any work within the limits of a city of the first class, or establishes a minimum
wage for skilled or unskilled labor in the specifications or any contract for work within one
of the cities, the rate of pay to such skilled and unskilled labor must be the prevailing rate
of wage for such labor in that city.

Sec. 121.

Minnesota Statutes 2016, section 574.26, subdivision 1a, is amended to read:


Subd. 1a.

Exemptions: certain manufacturers; commissioner of transportation;
road maintenance.

(a) Sections 574.26 to 574.32 do not apply to a manufacturer of public
transit buses that manufactures at least 100 public transit buses in a calendar year. For
purposes of this section, "public transit bus" means a motor vehicle designed to transport
people, with a design capacity for carrying more than 40 passengers, including the driver.
The term "public transit bus" does not include a school bus, as defined in section 169.011,
subdivision 71
.

(b) At the discretion of the commissioner of transportation, sections 574.26 to 574.32
do not apply to any projects of the Department of Transportation (1) costing less than the
amount in section 471.345, subdivision 3, deleted text beginordeleted text end (2) involving the permanent or semipermanent
installation of heavy machinery, fixtures, or other capital equipment to be used primarily
for maintenance or repairnew text begin, or (3) awarded under section 161.32, subdivision 2new text end.

(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal,
grading, or other similar routine road maintenance on town roads.

Sec. 122.

Laws 2014, chapter 312, article 11, section 38, subdivision 5, is amended to
read:


Subd. 5.

Pilot program evaluation.

In coordination with the city, the commissioner of
transportation shall evaluate effectiveness of the pilot program under this section, which
must include analysis of traffic safety impacts, utility to motorists and tourists, costs and
expenditures, extent of community support, and pilot program termination or continuation.
By January 15, deleted text begin2021deleted text endnew text begin 2024new text end, the commissioner shall submit a report on the evaluation to the
deleted text begin chairs and ranking minoritydeleted text end membersnew text begin and staffnew text end of the legislative committees with jurisdiction
over transportation policy and finance.

Sec. 123.

Laws 2014, chapter 312, article 11, section 38, subdivision 6, is amended to
read:


Subd. 6.

Expiration.

The pilot program under this section expires January 1, deleted text begin2022deleted text endnew text begin 2025new text end.

Sec. 124. new text beginEDITING MNLARS TRANSACTIONS.
new text end

new text begin (a) The commissioner of public safety must ensure deputy registrars are able to edit, at
a minimum, the following information as part of a Minnesota Licensing and Registration
System (MNLARS) transaction:
new text end

new text begin (1) personal information of the applicant;
new text end

new text begin (2) vehicle classification and information about a vehicle or trailer;
new text end

new text begin (3) sale price of a vehicle or trailer;
new text end

new text begin (4) the amount of taxes and fees; and
new text end

new text begin (5) the base value of a vehicle or trailer.
new text end

new text begin (b) The ability to edit the transactions under paragraph (a) must be available until the
end of the business day following the day the transaction was initially completed.
new text end

new text begin (c) For each transaction edited, MNLARS must (1) record which individual edited the
record, the date and time the record was edited, and what information was edited, and (2)
include a notation that the transaction was edited.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 125. new text beginLEGISLATIVE ROUTE NO. 180 TURNBACK; SPEED LIMIT.
new text end

new text begin If the commissioner of transportation turns back any portion of Legislative Route No.
180 to Grant County, the speed limit on that portion of the road after it is turned back must
remain 60 miles per hour.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 126. new text beginLEGISLATIVE ROUTE NO. 222 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 153, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Red Lake County to transfer jurisdiction of
Legislative Route No. 222 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 127. new text beginLEGISLATIVE ROUTE NO. 253 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 184, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 253 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 128. new text beginLEGISLATIVE ROUTE NO. 254 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 185, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 254 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 129. new text beginLEGISLATIVE ROUTE NO. 277 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 208, is repealed effective June 1,
2018, or the day after the commissioner of transportation receives a copy of the agreement
between the commissioner and the governing body of Chippewa County to transfer
jurisdiction of Legislative Route No. 277 and after the commissioner notifies the revisor of
statutes under paragraph (b), whichever is later.
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 130. new text beginLEGISLATIVE ROUTE NO. 298 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 229, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 298 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 131. new text beginLEGISLATIVE ROUTE NO. 299 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 230, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 299 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 132. new text beginLEGISLATIVE ROUTE NO. 323 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 254, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 323 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 133. new text beginDEPARTMENT OF TRANSPORTATION LOAN CONVERSION AND
LIEN RELEASE.
new text end

new text begin The commissioner of transportation must (1) convert to a grant the remaining balance
on Minnesota Department of Transportation Contract No. 1000714, originally executed as
of June 1, 2015, with Minnesota Commercial Railway Company; (2) cancel all future
payments under the contract; (3) release liens on the locomotives designated as MNNR 49
and MNNR 84; and (4) perform the appropriate filing. The commissioner is prohibited from
requiring or accepting additional payments under the contract as of the effective date of this
section. Notwithstanding the loan conversion and payment cancellation under this section,
all other terms and conditions under Contract No. 1000714 remain effective for the duration
of the period specified in the contract.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 134. new text beginNORTHSTAR CORRIDOR EXTENSION; NEGOTIATIONS.
new text end

new text begin The Department of Transportation must contact Burlington Northern Santa Fe Railway
(BNSF) to negotiate an extension of the Northstar Corridor between Big Lake and St. Cloud.
Negotiations under this section are subject to the following conditions:
new text end

new text begin (1) the Northstar Corridor will add at least one morning round trip departure between
the St. Cloud Amtrak Depot and Big Lake Station with continuing service to Target Station
each weekday, plus one evening round trip between Big Lake Station and St. Cloud Amtrak
Depot that must begin at Target Station, with the departure and arrival times set so that
approximately ten or more hours elapse between the morning departure and evening return
each day for both round trips. The Department of Transportation may also negotiate weekend
departures and arrivals between St. Cloud and Target Station;
new text end

new text begin (2) the Department of Transportation may negotiate for fewer round trip departures from
Big Lake to Target Station each weekday, and fewer round trip departures on weekends;
new text end

new text begin (3) BNSF must continue to crew and dispatch all trains and provide other track-related
services;
new text end

new text begin (4) the St. Cloud Metropolitan Transit Commission (MTC) must be responsible for fare
collection in St. Cloud and must negotiate with Amtrak for using the Amtrak station. The
MTC must negotiate an agreement with the Metropolitan Council, which is subject to
approval by the city of St. Cloud, regarding the sharing of revenues and expenses related
to the Amtrak Depot, fare collection, and advertising. The MTC, city of St. Cloud, and
Stearns, Benton, and Sherburne Counties are prohibited from entering into agreements with
the Metropolitan Council on any subject other than the operation of the Northstar Corridor;
new text end

new text begin (5) the Department of Transportation is prohibited from committing to spend any state
funds on capital expenditures;
new text end

new text begin (6) the Department of Transportation is prohibited from committing to spend any more
state funds on operating costs than the total sum it and the Metropolitan Council have
budgeted for the Northstar Corridor; and
new text end

new text begin (7) the Department of Transportation may negotiate with the federal government, counties
and cities, or the Northstar Corridor Development Authority to provide additional funding
for services necessary to extend the Northstar Corridor.
new text end

Sec. 135. new text beginNORTHSTAR COMMUTER RAIL OPERATING COSTS; EXCEPTION.
new text end

new text begin (a) Minnesota Statutes, section 398A.10, subdivision 2, does not apply for reserve funds
available to the Anoka County Regional Railroad Authority as of June 30, 2018, that are
used to pay operating and maintenance costs of Northstar Commuter Rail.
new text end

new text begin (b) This section expires on January 1, 2021.
new text end

Sec. 136. new text beginMARKED INTERSTATE HIGHWAY 35 SIGNS.
new text end

new text begin The commissioner of transportation must erect signs that identify and direct motorists
to the campuses of Minnesota State Academy for the Deaf and Minnesota State Academy
for the Blind under Minnesota Statutes, sections 125A.61 to 125A.73. At least one sign in
each direction of travel must be placed on marked Interstate Highway 35, located as near
as practical to exits that reasonably access the campuses. The commissioner is prohibited
from removing signs for the campuses posted on marked Trunk Highway 60.
new text end

Sec. 137. new text beginMOTOR VEHICLE TITLE AND REGISTRATION ADVISORY
COMMITTEE; FIRST APPOINTMENTS; FIRST MEETING.
new text end

new text begin Subdivision 1. new text end

new text begin First appointments. new text end

new text begin Appointment authorities must make first
appointments to the Motor Vehicle Title and Registration Advisory Committee by September
15, 2018.
new text end

new text begin Subd. 2. new text end

new text begin First meeting. new text end

new text begin The commissioner of public safety or a designee must convene
the first meeting of the advisory committee by November 1, 2018.
new text end

Sec. 138. new text beginPUBLIC AWARENESS CAMPAIGN.
new text end

new text begin The commissioner of public safety must conduct a public awareness campaign to increase
public knowledge about Minnesota Statutes, section 169.18, subdivision 10.
new text end

Sec. 139. new text beginRETROACTIVE DRIVER'S LICENSE REINSTATEMENT.
new text end

new text begin (a) The commissioner of public safety must make an individual's driver's license eligible
for reinstatement if the license is solely suspended pursuant to:
new text end

new text begin (1) Minnesota Statutes 2016, section 171.16, subdivision 2, if the person was convicted
only under Minnesota Statutes, section 171.24, subdivision 1 or 2;
new text end

new text begin (2) Minnesota Statutes 2016, section 171.16, subdivision 3; or
new text end

new text begin (3) both clauses (1) and (2).
new text end

new text begin (b) By May 1, 2019, the commissioner must provide written notice to an individual
whose license has been made eligible for reinstatement under paragraph (a), addressed to
the licensee at the licensee's last known address.
new text end

new text begin (c) Before the license is reinstated, an individual whose driver's license is eligible for
reinstatement under paragraph (a) must pay the reinstatement fee under Minnesota Statutes,
section 171.20, subdivision 4.
new text end

new text begin (d) The following applies for an individual who is eligible for reinstatement under
paragraph (a), clause (1), (2), or (3), and whose license was suspended, revoked, or canceled
under any other provision in Minnesota Statutes:
new text end

new text begin (1) the suspension, revocation, or cancellation under any other provision in Minnesota
Statutes remains in effect;
new text end

new text begin (2) subject to clause (1), the individual may become eligible for reinstatement under
paragraph (a), clause (1), (2), or (3); and
new text end

new text begin (3) the commissioner is not required to send the notice described in paragraph (b).
new text end

new text begin (e) Paragraph (a) applies notwithstanding Minnesota Statutes 2016, sections 169.92,
subdivision 4; 171.16, subdivision 2 or 3; or any other law to the contrary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective April 1, 2019.
new text end

Sec. 140. new text beginCOMMERCIAL DRIVER'S LICENSE FEDERAL REGULATION
WAIVER REQUEST.
new text end

new text begin For the sole purpose of authorizing a person to drive a bus with no passengers to deliver
the bus to the purchaser, the commissioner of public safety must apply to the Federal Motor
Carrier Safety Administration for a waiver from Code of Federal Regulations, title 49,
section 383.93, and any other federal rule or regulation that requires a person to have a
passenger endorsement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 141. new text beginREVISOR INSTRUCTIONS.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota Statutes, section 160.02, subdivision
27a, as Minnesota Statutes, section 169.011, subdivision 73a. The revisor shall correct any
cross-references made necessary by this renumbering.
new text end

new text begin (b) The revisor of statutes shall change the term "special revenue fund" to "driver and
vehicle services fund" wherever the term appears in Minnesota Statutes when referring to
the accounts under Minnesota Statutes, section 299A.705.
new text end

Sec. 142. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, section 168.013, subdivision 21, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2016, section 221.161, subdivisions 2, 3, and 4, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2016, sections 360.063, subdivision 4; 360.065, subdivision 2;
and 360.066, subdivisions 1a and 1b,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin Paragraph (c) is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end

ARTICLE 25

AGRICULTURE APPROPRIATIONS

Section 1.

Laws 2007, chapter 45, article 1, section 4, is amended to read:


Sec. 4. BOARD OF ANIMAL HEALTH

$
3,574,000
$
3,455,000

$448,000 the first year and $363,000 the
second year are for bovine tuberculosis
eradication and surveillance in cattle herds.
Of this amount, $159,000 is permanent.

$100,000 the first year is for reimbursements
under Minnesota Statutes, section 35.085. This
appropriation is available until deleted text beginspentdeleted text endnew text begin June 30,
2021, at which time any remaining balance
shall be transferred to the agricultural
emergency account under Minnesota Statutes,
section 17.041
new text end.

$200,000 the first year and $200,000 the
second year are for a program to control
paratuberculosis (Johne's disease) in domestic
bovine herds.

$80,000 the first year and $80,000 the second
year are for a program to investigate the avian
pneumovirus disease and to identify the
infected flocks. This appropriation must be
matched on a dollar-for-dollar or in-kind basis
with nonstate sources and is in addition to
money currently designated for turkey disease
research. Costs of blood sample collection,
handling, and transportation, in addition to
costs associated with early diagnosis tests and
the expenses of vaccine research trials, may
be credited to the match.

$400,000 the first year and $400,000 the
second year are for the purposes of cervidae
inspection as authorized in Minnesota Statutes,
section 35.155.

Sec. 2.

Laws 2017, chapter 88, article 1, section 2, subdivision 2, is amended to read:


Subd. 2.

Protection Services

17,821,000
17,825,000
Appropriations by Fund
2018
2019
General
17,428,000
17,428,000
Remediation
393,000
397,000

(a) $25,000 the first year and $25,000 the
second year are to develop and maintain
cottage food license exemption outreach and
training materials.

(b) $75,000 the first year and $75,000 the
second year are to coordinate the correctional
facility vocational training program and to
assist entities that have explored the feasibility
of establishing a USDA-certified or state
"equal to" food processing facility within 30
miles of the Northeast Regional Corrections
Center.

(c) $125,000 the first year and $125,000 the
second year are for additional funding for the
noxious weed and invasive plant program.
These are onetime appropriations.

(d) $250,000 the first year and $250,000 the
second year are for transfer to the pollinator
habitat and research account in the agricultural
fund. These are onetime transfers.

(e) $393,000 the first year and $397,000 the
second year are from the remediation fund for
administrative funding for the voluntary
cleanup program.

(f) $200,000 the first year and $200,000 the
second year are for the industrial hemp pilot
program under Minnesota Statutes, section
18K.09. These are onetime appropriations.

(g) $175,000 the first year and $175,000 the
second year are for compensation for
destroyed or crippled livestock under
Minnesota Statutes, section 3.737. This
appropriation may be spent to compensate for
livestock that were destroyed or crippled
during fiscal year 2017. If the amount in the
first year is insufficient, the amount in the
second year is available in the first year.new text begin The
commissioner may use up to $5,000 of this
appropriation the second year to reimburse
expenses incurred by university extension
agents to provide fair market values of
destroyed or crippled livestock.
new text end

(h) $155,000 the first year and $155,000 the
second year are for compensation for crop
damage under Minnesota Statutes, section
3.7371. If the amount in the first year is
insufficient, the amount in the second year is
available in the first year. The commissioner
may use up to $30,000 of the appropriation
each year to reimburse expenses incurred by
the commissioner or the commissioner's
approved agent to investigate and resolve
claims.

If the commissioner determines that claims
made under Minnesota Statutes, section 3.737
or 3.7371, are unusually high, amounts
appropriated for either program may be
transferred to the appropriation for the other
program.

(i) $250,000 the first year and $250,000 the
second year are to expand current capabilities
for rapid detection, identification, containment,
control, and management of high priority plant
pests and pathogens. These are onetime
appropriations.

(j) $300,000 the first year and $300,000 the
second year are for transfer to the noxious
weed and invasive plant species assistance
account in the agricultural fund to award
grants to local units of government under
Minnesota Statutes, section 18.90, with
preference given to local units of government
responding to Palmer amaranth or other weeds
on the eradicate list. These are onetime
transfers.

(k) $120,000 the first year and $120,000 the
second year are for wolf-livestock conflict
prevention grants under article 2, section 89.
The commissioner must submit a report to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
agriculture policy and finance by January 15,
2020, on the outcomes of the wolf-livestock
conflict prevention grants and whether
livestock compensation claims were reduced
in the areas that grants were awarded. These
are onetime appropriations.

Sec. 3.

Laws 2017, chapter 88, article 1, section 2, subdivision 4, is amended to read:


Subd. 4.

Agriculture, Bioenergy, and Bioproduct
Advancement

22,581,000
deleted text begin 22,636,000 deleted text end new text begin
22,386,000
new text end

(a) $9,300,000 the first year and $9,300,000
the second year are for transfer to the
agriculture research, education, extension, and
technology transfer account under Minnesota
Statutes, section 41A.14, subdivision 3. Of
these amounts: at least $600,000 the first year
and $600,000 the second year are for the
Minnesota Agricultural Experiment Station's
agriculture rapid response fund under
Minnesota Statutes, section 41A.14,
subdivision 1
, clause (2); $2,000,000 the first
year and $2,000,000 the second year are for
grants to the Minnesota Agriculture Education
Leadership Council to enhance agricultural
education with priority given to Farm Business
Management challenge grants; $350,000 the
first year and $350,000 the second year are
for potato breeding; and $450,000 the first
year and $450,000 the second year are for the
cultivated wild rice breeding project at the
North Central Research and Outreach Center
to include a tenure track/research associate
plant breeder. The commissioner shall transfer
the remaining funds in this appropriation each
year to the Board of Regents of the University
of Minnesota for purposes of Minnesota
Statutes, section 41A.14. Of the amount
transferred to the Board of Regents, up to
$1,000,000 each year is for research on avian
influenza, including prevention measures that
can be taken.

To the extent practicable, funds expended
under Minnesota Statutes, section 41A.14,
subdivision 1
, clauses (1) and (2), must
supplement and not supplant existing sources
and levels of funding. The commissioner may
use up to one percent of this appropriation for
costs incurred to administer the program.

(b) $13,256,000 the first year and deleted text begin$13,311,000deleted text endnew text begin
$13,061,000
new text end the second year are for the
agricultural growth, research, and innovation
program in Minnesota Statutes, section
41A.12. Except as provided below, the
commissioner may allocate the appropriation
each year among the following areas:
facilitating the start-up, modernization, or
expansion of livestock operations including
beginning and transitioning livestock
operations; developing new markets for
Minnesota farmers by providing more fruits,
vegetables, meat, grain, and dairy for
Minnesota school children; assisting
value-added agricultural businesses to begin
or expand, access new markets, or diversify;
providing funding not to exceed $250,000
each year for urban youth agricultural
education or urban agriculture community
development; providing funding not to exceed
$250,000 each year for the good food access
program under Minnesota Statutes, section
17.1017; facilitating the start-up,
modernization, or expansion of other
beginning and transitioning farms including
by providing loans under Minnesota Statutes,
section 41B.056; sustainable agriculture
on-farm research and demonstration;
development or expansion of food hubs and
other alternative community-based food
distribution systems; enhancing renewable
energy infrastructure and use; crop research;
Farm Business Management tuition assistance;
good agricultural practices/good handling
practices certification assistance; establishing
and supporting farmer-led water management
councils; and implementing farmer-led water
quality improvement practices.new text begin For fiscal year
2019, the commissioner shall reduce by a total
of $250,000 the planned expenditures for
urban youth agricultural education, urban
agriculture community development, the good
food access program, and the farm-to-school
program.
new text end The commissioner may use up to 6.5
percent of this appropriation for costs incurred
to administer the program.

Of the amount appropriated for the agricultural
growth, research, and innovation program in
Minnesota Statutes, section 41A.12:

(1) $1,000,000 the first year and $1,000,000
the second year are for distribution in equal
amounts to each of the state's county fairs to
preserve and promote Minnesota agriculture;
and

(2) $1,500,000 the first year and $1,500,000
the second year are for incentive payments
under Minnesota Statutes, sections 41A.16,
41A.17, and 41A.18. Notwithstanding
Minnesota Statutes, section 16A.28, the first
year appropriation is available until June 30,
2019, and the second year appropriation is
available until June 30, 2020. If this
appropriation exceeds the total amount for
which all producers are eligible in a fiscal
year, the balance of the appropriation is
available for the agricultural growth, research,
and innovation program.

The commissioner may use funds appropriated
under this subdivision to award up to two
value-added agriculture grants per year of up
to $1,000,000 per grant for new or expanding
agricultural production or processing facilities
that provide significant economic impact to
the region. The commissioner may use funds
appropriated under this subdivision for
additional value-added agriculture grants for
awards between $1,000 and $200,000 per
grant.

Appropriations in clauses (1) and (2) are
onetime. Any unencumbered balance does not
cancel at the end of the first year and is
available for the second year. Notwithstanding
Minnesota Statutes, section 16A.28,
appropriations encumbered under contract on
or before June 30, 2019, for agricultural
growth, research, and innovation grants are
available until June 30, 2021.

The base budget for the agricultural growth,
research, and innovation program is
deleted text begin $14,275,000deleted text endnew text begin $14,025,000new text end for fiscal years 2020
and 2021 and includes funding for incentive
payments under Minnesota Statutes, sections
41A.16, 41A.17, 41A.18, and 41A.20.

The commissioner must develop additional
innovative production incentive programs to
be funded by the agricultural growth, research,
and innovation program.

The commissioner must consult with the
commissioner of transportation, the
commissioner of administration, and local
units of government to identify parcels of
publicly owned land that are suitable for urban
agriculture.

(c) $25,000 the first year and $25,000 the
second year are for grants to the Southern
Minnesota Initiative Foundation to promote
local foods through an annual event that raises
public awareness of local foods and connects
local food producers and processors with
potential buyers.

Sec. 4.

Laws 2017, chapter 88, article 1, section 2, subdivision 5, is amended to read:


Subd. 5.

Administration and Financial Assistance

8,698,000
deleted text begin 8,691,000
deleted text end new text begin 8,938,000
new text end

(a) $474,000 the first year and $474,000 the
second year are for payments to county and
district agricultural societies and associations
under Minnesota Statutes, section 38.02,
subdivision 1
. Aid payments to county and
district agricultural societies and associations
shall be disbursed no later than July 15 of each
year. These payments are the amount of aid
from the state for an annual fair held in the
previous calendar year.

(b) $1,000 the first year and $1,000 the second
year are for grants to the Minnesota State
Poultry Association.

(c) $18,000 the first year and $18,000 the
second year are for grants to the Minnesota
Livestock Breeders Association.

(d) $47,000 the first year and $47,000 the
second year are for the Northern Crops
Institute. These appropriations may be spent
to purchase equipment.

(e) $220,000 the first year and deleted text begin$220,000deleted text endnew text begin
$250,000
new text end the second year are for farm
advocate services.

(f) $17,000 the first year and $17,000 the
second year are for grants to the Minnesota
Horticultural Society.

(g) $108,000 the first year and $108,000 the
second year are for annual grants to the
Minnesota Turf Seed Council for basic and
applied research on: (1) the improved
production of forage and turf seed related to
new and improved varieties; and (2) native
plants, including plant breeding, nutrient
management, pest management, disease
management, yield, and viability. The grant
recipient may subcontract with a qualified
third party for some or all of the basic or
applied research. Any unencumbered balance
does not cancel at the end of the first year and
is available for the second year. These are
onetime appropriations.

(h) $113,000 the first year and deleted text begin$113,000deleted text endnew text begin
$330,000
new text end the second year are for transfer to
the Board of Trustees of the Minnesota State
Colleges and Universities for statewide mental
health counseling support to farm families and
business operatorsnew text begin through the Minnesota State
Agricultural Centers of Excellence
new text end. South
Central Collegenew text begin and Central Lakes Collegenew text end
shall serve as the fiscal deleted text beginagentdeleted text end new text beginagentsnew text end.

(i) $550,000 the first year and $550,000 the
second year are for grants to Second Harvest
Heartland on behalf of Minnesota's six
Feeding America food banks for the purchase
of milk for distribution to Minnesota's food
shelves and other charitable organizations that
are eligible to receive food from the food
banks. Milk purchased under the grants must
be acquired from Minnesota milk processors
and based on low-cost bids. The milk must be
allocated to each Feeding America food bank
serving Minnesota according to the formula
used in the distribution of United States
Department of Agriculture commodities under
The Emergency Food Assistance Program
(TEFAP). Second Harvest Heartland must
submit quarterly reports to the commissioner
on forms prescribed by the commissioner. The
reports must include, but are not limited to,
information on the expenditure of funds, the
amount of milk purchased, and the
organizations to which the milk was
distributed. Second Harvest Heartland may
enter into contracts or agreements with food
banks for shared funding or reimbursement of
the direct purchase of milk. Each food bank
receiving money from this appropriation may
use up to two percent of the grant for
administrative expenses. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.

(j) $1,100,000 the first year and $1,100,000
the second year are for grants to Second
Harvest Heartland on behalf of the six Feeding
America food banks that serve Minnesota to
compensate agricultural producers and
processors for costs incurred to harvest and
package for transfer surplus fruits, vegetables,
and other agricultural commodities that would
otherwise go unharvested, be discarded, or
sold in a secondary market. Surplus
commodities must be distributed statewide to
food shelves and other charitable organizations
that are eligible to receive food from the food
banks. Surplus food acquired under this
appropriation must be from Minnesota
producers and processors. Second Harvest
Heartland must report in the form prescribed
by the commissioner. Second Harvest
Heartland may use up to 15 percent of each
grant for deleted text beginmatchingdeleted text end administrative and
transportation expenses. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.

(k) $150,000 the first year and $150,000 the
second year are for grants to the Center for
Rural Policy and Development.

(l) $235,000 the first year and $235,000 the
second year are for grants to the Minnesota
Agricultural Education and Leadership
Council for programs of the council under
Minnesota Statutes, chapter 41D.

(m) $600,000 the first year and $600,000 the
second year are for grants to the Board of
Regents of the University of Minnesota to
develop, in consultation with the
commissioner of agriculture and the Board of
Animal Health, a software tool or application
through the Veterinary Diagnostic Laboratory
that empowers veterinarians and producers to
understand the movement of unique pathogen
strains in livestock and poultry production
systems, monitor antibiotic resistance, and
implement effective biosecurity measures that
promote animal health and limit production
losses. These are onetime appropriations.

(n) $150,000 the first year is for the tractor
rollover protection pilot program under
Minnesota Statutes, section 17.119. This is a
onetime appropriation and is available until
June 30, 2019.

(o) $400,000 the first year is for a grant to the
Board of Trustees of the Minnesota State
Colleges and Universities to expand and
renovate the GROW-IT Center at Metropolitan
State University. This is a onetime
appropriation.

By January 15, 2018, the commissioner shall
submit a report to the chairs and ranking
minority members of the legislative
committees with jurisdiction over agricultural
policy and finance with a list of inspections
the department conducts at more frequent
intervals than federal law requires, an
explanation of why the additional inspections
are necessary, and provide recommendations
for eliminating any unnecessary inspections.

ARTICLE 26

AGRICULTURE STATUTORY CHANGES

Section 1.

Minnesota Statutes 2016, section 18C.425, subdivision 6, is amended to read:


Subd. 6.

Payment of inspection fee.

(a) The person who registers and distributes in the
state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411 shall
pay the inspection fee to the commissioner.

(b) The person licensed under section 18C.415 who distributes a fertilizer to a person
not required to be so licensed shall pay the inspection fee to the commissioner, except as
exempted under section 18C.421, subdivision 1, paragraph (b).

(c) The person responsible for payment of the inspection fees for fertilizers, soil
amendments, or plant amendments sold and used in this state must pay an inspection fee of
39 cents per ton, and until June 30, deleted text begin2019deleted text endnew text begin 2029new text end, an additional 40 cents per ton, of fertilizer,
soil amendment, and plant amendment sold or distributed in this state, with a minimum of
$10 on all tonnage reports. Notwithstanding section 18C.131, the commissioner must deposit
all revenue from the additional 40 cents per ton fee in the agricultural fertilizer research and
education account in section 18C.80. Products sold or distributed to manufacturers or
exchanged between them are exempt from the inspection fee imposed by this subdivision
if the products are used exclusively for manufacturing purposes.

(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant
amendment, or soil amendment distribution amounts and inspection fees paid for a period
of three years.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 18C.70, subdivision 5, is amended
to read:


Subd. 5.

Expiration.

This section expires June 30, deleted text begin2020deleted text endnew text begin 2030new text end.

Sec. 3.

Minnesota Statutes 2017 Supplement, section 18C.71, subdivision 4, is amended
to read:


Subd. 4.

Expiration.

This section expires June 30, deleted text begin2020deleted text endnew text begin 2030new text end.

Sec. 4.

Minnesota Statutes 2016, section 18C.80, subdivision 2, is amended to read:


Subd. 2.

Expiration.

This section expires June 30, deleted text begin2020deleted text endnew text begin 2030new text end.

Sec. 5.

Minnesota Statutes 2016, section 21.89, subdivision 2, is amended to read:


Subd. 2.

Permits; issuance and revocation.

The commissioner shall issue a permit to
the initial labeler of agricultural, vegetable, flower, and wildflower seeds which are sold
for use in Minnesota and which conform to and are labeled under sections 21.80 to 21.92.
The categories of permits are as follows:

(1) for initial labelers who sell 50,000 pounds or less of agricultural seed each calendar
year, an annual permit issued for a fee established in section 21.891, subdivision 2, paragraph
(b);

(2) for initial labelers who sell vegetable, flower, and wildflower seed packed for use
in home gardens or household plantings, deleted text beginand initial labelers who sell native grasses and
wildflower seed in commercial or agricultural quantities,
deleted text end an annual permit issued for a fee
established in section 21.891, subdivision 2, paragraph (c), based upon the gross sales from
the previous year; and

(3) for initial labelers who sell more than 50,000 pounds of agricultural seed each calendar
year, a permanent permit issued for a fee established in section 21.891, subdivision 2,
paragraph (d).

In addition, the person shall furnish to the commissioner an itemized statement of all
seeds sold in Minnesota for the periods established by the commissioner. This statement
shall be delivered, along with the payment of the fee, based upon the amount and type of
seed sold, to the commissioner no later than 30 days after the end of each reporting period.
Any person holding a permit shall show as part of the analysis labels or invoices on all
agricultural, vegetable, flower, wildflower, tree, or shrub seeds all information the
commissioner requires. The commissioner may revoke any permit in the event of failure to
comply with applicable laws and rules.

Sec. 6.

Minnesota Statutes 2016, section 28A.16, is amended to read:


28A.16 PERSONS SELLING LIQUOR.

new text begin (a) new text endThe provisions of the Minnesota consolidated food licensing law, sections 28A.01
to 28A.16 and acts amendatory thereto, shall not apply to persons licensed to sell 3.2 percent
malt liquor "on-sale" as provided in section 340A.403, or to persons licensed to sell
intoxicating liquors "on-sale" or "off-sale" as provided in sections 340A.404 to 340A.407,
provided that these persons sell only ice manufactured and packaged by another, or bottled
or canned soft drinks and prepacked candy at retail.

new text begin (b) When an exclusive liquor store is not exempt under paragraph (a), the commissioner
must exclude all gross sales of off-sale alcoholic beverages when determining the applicable
license fee under section 28A.08, subdivision 3. For purposes of this paragraph, "exclusive
liquor store" and "alcoholic beverage" have the meanings given in section 340A.101.
new text end

Sec. 7.

Minnesota Statutes 2016, section 41A.15, is amended by adding a subdivision to
read:


new text begin Subd. 2e. new text end

new text begin Biomass. new text end

new text begin "Biomass" means any organic matter that is available on a renewable
or recurring basis, including agricultural crops and trees, wood and wood waste and residues,
plants including aquatic plants, grasses, residues, fibers, animal waste, and the organic
portion of solid wastes.
new text end

Sec. 8.

Minnesota Statutes 2016, section 41A.15, subdivision 10, is amended to read:


Subd. 10.

Renewable chemical.

"Renewable chemical" means a chemical deleted text beginwith biobased
content.
deleted text endnew text begin, polymer, monomer, plastic, or composite material that is entirely produced from
biomass.
new text end

Sec. 9.

Minnesota Statutes 2016, section 41A.16, subdivision 1, is amended to read:


Subdivision 1.

Eligibility.

(a) A facility eligible for payment under this section must
source new text beginfrom Minnesota new text endat least 80 percent deleted text beginraw materials from Minnesota.deleted text endnew text begin of the biomass
used to produce an advanced biofuel, except that,
new text end if a facility is sited 50 miles or less from
the state border, deleted text beginraw materialsdeleted text endnew text begin biomass used to produce an advanced biofuelnew text end may be sourced
from new text beginoutside of Minnesota, but only if at least 80 percent of the biomass is sourced from
new text end within a 100-mile radiusnew text begin of the facility or from within Minnesotanew text end. deleted text beginRaw materials must be
from agricultural or forestry sources or from solid waste.
deleted text end The facility must be located in
Minnesota, must begin production at a specific location by June 30, 2025, and must not
begin operating above 23,750 MMbtu of quarterly new text beginadvanced new text endbiofuel production before July
1, 2015. Eligible facilities include existing companies and facilities that are adding advanced
biofuel production capacity, or retrofitting existing capacity, as well as new companies and
facilities. Production of conventional corn ethanol and conventional biodiesel is not eligible.
Eligible advanced biofuel facilities must produce at least deleted text begin23,750deleted text endnew text begin 1,500new text end MMbtu of new text beginadvanced
new text end biofuel quarterly.

(b) No payments shall be made for advanced biofuel production that occurs after June
30, 2035, for those eligible biofuel producers under paragraph (a).

(c) An eligible producer of advanced biofuel shall not transfer the producer's eligibility
for payments under this section to an advanced biofuel facility at a different location.

(d) A producer that ceases production for any reason is ineligible to receive payments
under this section until the producer resumes production.

(e) Renewable chemical production for which payment has been received under section
41A.17, and biomass thermal production for which payment has been received under section
41A.18, are not eligible for payment under this section.

(f) Biobutanol is eligible under this section.

Sec. 10.

Minnesota Statutes 2016, section 41A.16, subdivision 2, is amended to read:


Subd. 2.

Payment amounts; limits.

(a) The commissioner shall make payments to
eligible producers of advanced biofuel. The amount of the payment for each eligible
producer's annual production is $2.1053 per MMbtu for advanced biofuel production from
cellulosic biomass, and $1.053 per MMbtu for advanced biofuel production from sugar deleted text beginordeleted text endnew text begin,new text end
starchnew text begin, oil, or animal fatnew text end at a specific location for ten years after the start of production.

(b) Total payments under this section to an eligible biofuel producer in a fiscal year may
not exceed the amount necessary for 2,850,000 MMbtu of biofuel production. Total payments
under this section to all eligible biofuel producers in a fiscal year may not exceed the amount
necessary for 17,100,000 MMbtu of biofuel production. The commissioner shall award
payments on a first-come, first-served basis within the limits of available funding.

(c) For purposes of this section, an entity that holds a controlling interest in more than
one advanced biofuel facility is considered a single eligible producer.

Sec. 11.

Minnesota Statutes 2016, section 41A.17, subdivision 1, is amended to read:


Subdivision 1.

Eligibility.

(a) A facility eligible for payment under this deleted text beginprogramdeleted text endnew text begin sectionnew text end
must source new text beginfrom Minnesota new text endat least 80 percent deleted text beginbiobased content from Minnesota.deleted text endnew text begin of the
biomass used to produce a renewable chemical, except that,
new text end if a facility is sited 50 miles or
less from the state border, deleted text beginbiobased content mustdeleted text end new text beginbiomass used to produce a renewable
chemical may
new text endbe sourced from new text beginoutside of Minnesota, but only if at least 80 percent of the
biomass is sourced from
new text endwithin a 100-mile radiusnew text begin of the facility or from within Minnesotanew text end.
deleted text begin Biobased content must be from agricultural or forestry sources or from solid waste.deleted text end The
facility must be located in Minnesota, must begin production at a specific location by June
30, 2025, and must not begin production of deleted text begin750,000deleted text endnew text begin 250,000new text end pounds of chemicals quarterly
before January 1, 2015. Eligible facilities include existing companies and facilities that are
adding production capacity, or retrofitting existing capacity, as well as new companies and
facilities. Eligible renewable chemical facilities must produce at least deleted text begin750,000deleted text endnew text begin 250,000new text end
pounds of renewable chemicals quarterly. Renewable chemicals produced through processes
that are fully commercial before January 1, 2000, are not eligible.

(b) No payments shall be made for renewable chemical production that occurs after June
30, 2035, for those eligible renewable chemical producers under paragraph (a).

(c) An eligible producer of renewable chemicals shall not transfer the producer's eligibility
for payments under this section to a renewable chemical facility at a different location.

(d) A producer that ceases production for any reason is ineligible to receive payments
under this section until the producer resumes production.

(e) Advanced biofuel production for which payment has been received under section
41A.16, and biomass thermal production for which payment has been received under section
41A.18, are not eligible for payment under this section.

Sec. 12.

Minnesota Statutes 2016, section 41A.18, subdivision 1, is amended to read:


Subdivision 1.

Eligibility.

(a) A facility eligible for payment under this section must
source new text beginfrom Minnesota new text endat least 80 percent deleted text beginraw materials from Minnesota.deleted text endnew text begin of the biomass
used for biomass thermal production, except that,
new text end if a facility is sited 50 miles or less from
the state border, deleted text beginraw materials shoulddeleted text end new text beginbiomass used for biomass thermal production may
new text end be sourced from new text beginoutside of Minnesota, but only if at least 80 percent of the biomass is
sourced from
new text endwithin a 100-mile radiusnew text begin of the facility, or from within Minnesotanew text end. deleted text beginRaw
materials
deleted text endnew text begin Biomassnew text end must be from agricultural or forestry sources. The facility must be located
in Minnesota, must have begun production at a specific location by June 30, 2025, and must
not begin before July 1, 2015. Eligible facilities include existing companies and facilities
that are adding production capacity, or retrofitting existing capacity, as well as new
companies and facilities. Eligible biomass thermal production facilities must produce at
least 250 MMbtu of biomass thermal quarterly.

(b) No payments shall be made for biomass thermal production that occurs after June
30, 2035, for those eligible biomass thermal producers under paragraph (a).

(c) An eligible producer of biomass thermal production shall not transfer the producer's
eligibility for payments under this section to a biomass thermal production facility at a
different location.

(d) A producer that ceases production for any reason is ineligible to receive payments
under this section until the producer resumes production.

(e) Biofuel production for which payment has been received under section 41A.16, and
renewable chemical production for which payment has been received under section 41A.17,
are not eligible for payment under this section.

Sec. 13.

Minnesota Statutes 2016, section 41B.056, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Intermediary" means any lending institution or other organization of a for-profit or
nonprofit nature that is in good standing with the state of Minnesota that has the appropriate
business structure and trained personnel suitable to providing efficient disbursement of loan
funds and the servicing and collection of loans.

(c) "Specialty crops" means new text begincrops produced in an aquaculture system and new text endagricultural
crops, such as annuals, flowers, perennials, and other horticultural products, that are
intensively cultivated.

(d) "Eligible livestock" means new text beginfish produced in an aquaculture system, new text endbeef cattle, dairy
cattle, swine, poultry, goats, mules, farmed Cervidae, Ratitae, bison, sheep, horses, and
llamas.

ARTICLE 27

HOUSING

Section 1.

Minnesota Statutes 2016, section 299D.085, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Trailer use. new text end

new text begin A vehicle or a combination of vehicles may tow a trailer during
the movement of an overdimensional load if:
new text end

new text begin (1) the party involved is a building mover licensed by the commissioner of transportation
under section 221.81;
new text end

new text begin (2) the building being moved is not a temporary structure;
new text end

new text begin (3) the overdimensional load is a manufactured home, as defined under section 327.31;
or
new text end

new text begin (4) the overdimensional load is a modular home, as defined under section 297A.668,
subdivision 8, paragraph (b).
new text end

Sec. 2.

Minnesota Statutes 2016, section 327.31, is amended by adding a subdivision to
read:


new text begin Subd. 23. new text end

new text begin Modular home. new text end

new text begin "Modular home" means a building or structural unit of closed
construction that has been substantially manufactured or constructed, in whole or in part,
at an off-site location, with the final assembly occurring on site alone or with other units
and attached to a foundation designed to the State Building Code and occupied as a
single-family dwelling. Modular home construction must comply with applicable standards
adopted in Minnesota Rules, chapter 1360 or 1361.
new text end

Sec. 3.

new text begin [327.335] PLACEMENT OF MODULAR HOMES.
new text end

new text begin A modular home may be placed in a manufactured home park as defined in section
327.14, subdivision 3. A modular home placed in a manufactured home park is a
manufactured home for purposes of chapters 327C and 504B and all rights, obligations, and
duties, under those chapters apply. A modular home may not be placed in a manufactured
home park without prior written approval of the park owner. Nothing in this section shall
be construed to inhibit the application of zoning, subdivision, architectural, or esthetic
requirements pursuant to chapters 394 and 462 that otherwise apply to manufactured homes
and manufactured home parks. A modular home placed in a manufactured home park under
this section shall be assessed and taxed as a manufactured home.
new text end

Sec. 4.

Minnesota Statutes 2016, section 327C.095, subdivision 4, is amended to read:


Subd. 4.

Public hearing; relocation compensation; neutral third party.

new text beginWithin 60
days after receiving notice of a closure statement,
new text end the governing body of the affected
municipality shall hold a public hearing to review the closure statement and any impact that
the park closing may have on the displaced residents and the park owner. At the time of,
and in the notice for, the public hearing, displaced residents must be informed that they may
be eligible for payments from the Minnesota manufactured home relocation trust fund under
section 462A.35 as compensation for reasonable relocation costs under subdivision 13,
paragraphs (a) and (e).

The governing body of the municipality may also require that other parties, including
the municipality, but excluding the park owner or its purchaser, involved in the park closing
provide additional compensation to residents to mitigate the adverse financial impact of the
park closing upon the residents.

At the public hearing, the municipality shall appoint anew text begin qualifiednew text end neutral third party, to
be agreed upon by both the manufactured home park owner and manufactured home owners,
whose hourly cost must be reasonable and paid from the Minnesota manufactured home
relocation trust fund. The neutral third party shall act as a paymaster and arbitrator, with
decision-making authority to resolve any questions or disputes regarding any contributions
or disbursements to and from the Minnesota manufactured home relocation trust fund by
either the manufactured home park owner or the manufactured home owners. If the parties
cannot agree on a neutral third party, the municipality will deleted text beginmake a determinationdeleted text endnew text begin determine
who shall act as the neutral third party
new text end.

new text begin The qualified neutral third party shall be familiar with manufactured housing and the
requirements of this section. The neutral third party shall keep an overall receipts and cost
summary together with a detailed accounting, for each manufactured lot, of the payments
received by the manufactured home park owner, and expenses approved and payments
disbursed to the manufactured home owners, pursuant to subdivisions 12 and 13, as well
as a record of all services and hours it provided and at what hourly rate it charged to the
Minnesota manufactured home trust fund. This detailed accounting shall be provided to the
manufactured home park owner, the municipality, and the Minnesota Housing Finance
Agency to be included in its yearly October 15 report as required in subdivision 13, paragraph
(h), not later than 30 days after the expiration of the nine-month notice provided in the
closure statement.
new text end

Sec. 5.

Minnesota Statutes 2016, section 327C.095, subdivision 6, is amended to read:


Subd. 6.

Intent to convert use of park at time of purchase.

Before the execution of
an agreement to purchase a manufactured home park, the purchaser must notify the park
owner, in writing, if the purchaser intends to close the manufactured home park or convert
it to another use within one year of the execution of the agreement. The park owner shall
provide a resident of each manufactured home with a 45-day written notice of the purchaser's
intent to close the park or convert it to another use. The notice must state that the park owner
will provide information on the cash price and the terms and conditions of the purchaser's
offer to residents requesting the information. The notice must be sent by first class mail to
a resident of each manufactured home in the park. The notice period begins on the postmark
date affixed to the notice and ends 45 days after it begins. During the notice period required
in this subdivision, the owners of at least 51 percent of the manufactured homes in the park
or a nonprofit organization which has the written permission of the owners of at least 51
percent of the manufactured homes in the park to represent them in the acquisition of the
park shall have the right to meet the cash price and execute an agreement to purchase the
park for the purposes of keeping the park as a manufactured housing communitynew text begin, provided
that the owners or nonprofit organization will covenant and warrant to the park owner in
the agreement that they will continue to operate the park for not less than six years from
the date of closing
new text end. The park owner must accept the offer if it meets the cash price and the
same terms and conditions set forth in the purchaser's offer except that the seller is not
obligated to provide owner financing. For purposes of this section, cash price means the
cash price offer or equivalent cash offer as defined in section 500.245, subdivision 1,
paragraph (d).

Sec. 6.

Minnesota Statutes 2016, section 327C.095, subdivision 12, is amended to read:


Subd. 12.

Payment to the Minnesota manufactured home relocation trust fund.

(a)
If a manufactured home owner is required to move due to the conversion of all or a portion
of a manufactured home park to another use, the closure of a park, or cessation of use of
the land as a manufactured home park, the manufactured park owner shall, upon the change
in use, pay to the commissioner of management and budget for deposit in the Minnesota
manufactured home relocation trust fund under section 462A.35, the lesser amount of the
actual costs of moving or purchasing the manufactured home approved by the neutral third
party and paid by the Minnesota Housing Finance Agency under subdivision 13, paragraph
(a) or (e), or $3,250 for each single section manufactured home, and $6,000 for each
multisection manufactured home, for which a manufactured home owner has made
application for payment of relocation costs under subdivision 13, paragraph (c). The
manufactured home park owner shall make payments required under this section to the
Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice
from the neutral third party.

(b) A manufactured home park owner is not required to make the payment prescribed
under paragraph (a), nor is a manufactured home owner entitled to compensation under
subdivision 13, paragraph (a) or (e), if:

(1) the manufactured home park owner relocates the manufactured home owner to
another space in the manufactured home park or to another manufactured home park at the
park owner's expense;

(2) the manufactured home owner is vacating the premises and has informed the
manufactured home park owner or manager of this prior to the mailing date of the closure
statement under subdivision 1;

(3) a manufactured home owner has abandoned the manufactured home, or the
manufactured home owner is not current on the monthly lot rental, personal property taxes;

(4) the manufactured home owner has a pending eviction action for nonpayment of lot
rental amount under section 327C.09, which was filed against the manufactured home owner
prior to the mailing date of the closure statement under subdivision 1, and the writ of recovery
has been ordered by the district court;

(5) the conversion of all or a portion of a manufactured home park to another use, the
closure of a park, or cessation of use of the land as a manufactured home park is the result
of a taking or exercise of the power of eminent domain by a governmental entity or public
utility; or

(6) the owner of the manufactured home is not a resident of the manufactured home
park, as defined in section 327C.01, subdivision 9, or the owner of the manufactured home
is a resident, but came to reside in the manufactured home park after the mailing date of
the closure statement under subdivision 1.

(c) If the unencumbered fund balance in the manufactured home relocation trust fund
is less than deleted text begin$1,000,000deleted text endnew text begin $3,000,000new text end as of June 30 of each year, the commissioner of
management and budget shall assess each manufactured home park owner by mail the total
amount of $15 for each licensed lot in their park, payable on or before deleted text beginSeptemberdeleted text endnew text begin Novembernew text end
15 of that year. deleted text beginThe commissioner of managementdeleted text endnew text begin Failure to notifynew text end and deleted text beginbudget shall deposit
any payments in the Minnesota
deleted text endnew text begin timely assess thenew text end manufactured home deleted text beginrelocation trust fund.
On or before July 15 of
deleted text endnew text begin park owner by August 30 of any year shall waive the assessment
and payment obligations of the manufactured home park owner for that year. Together with
said assessment notice,
new text end each yeardeleted text begin,deleted text end the commissioner of management and budget shall prepare
and distribute to park owners a letter explaining whether funds are being collected for that
year, information about the collection, an invoice for all licensed lots, and a sample form
for the park owners to collect information on which park residents have been accounted
for. If assessed under this paragraph, the park owner may recoup the cost of the $15
assessment as a lump sum or as a monthly fee of no more than $1.25 collected from park
residents together with monthly lot rent as provided in section 327C.03, subdivision 6. Park
owners may adjust payment for lots in their park that are vacant or otherwise not eligible
for contribution to the trust fund under section 327C.095, subdivision 12, paragraph (b),
new text begin and for park residents who have not paid the $15 assessment to the park owner by October
15,
new text endand deduct from the assessment accordingly.new text begin The commissioner of management and
budget shall deposit any payments in the Minnesota manufactured home relocation trust
fund.
new text end

(d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
attorney fees, court costs, and disbursements.

Sec. 7.

Minnesota Statutes 2016, section 327C.095, subdivision 13, is amended to read:


Subd. 13.

Change in use, relocation expenses; payments by park owner.

(a) If a
manufactured home owner is required to relocate due to the conversion of all or a portion
of a manufactured home park to another use, the closure of a manufactured home park, or
cessation of use of the land as a manufactured home park under subdivision 1, and the
manufactured home owner complies with the requirements of this section, the manufactured
home owner is entitled to payment from the Minnesota manufactured home relocation trust
fund equal to the manufactured home owner's actual relocation costs for relocating the
manufactured home to a new location within a deleted text begin25deleted text end new text begin50new text end-mile radius of the park that is being
closed, up to a maximum of $7,000 for a single-section and $12,500 for a multisection
manufactured home. The actual relocation costs must include the reasonable cost of taking
down, moving, and setting up the manufactured home, including equipment rental, utility
connection and disconnection charges, minor repairs, modifications necessary for
transportation of the home, necessary moving permits and insurance, moving costs for any
appurtenances, which meet applicable local, state, and federal building and construction
codes.

(b) A manufactured home owner is not entitled to compensation under paragraph (a) if
the manufactured home park owner is not required to make a payment to the Minnesota
manufactured home relocation trust fund under subdivision 12, paragraph (b).

(c) Except as provided in paragraph (e), in order to obtain payment from the Minnesota
manufactured home relocation trust fund, the manufactured home owner shall submit to the
neutral third party and the Minnesota Housing Finance Agency, with a copy to the park
owner, an application for payment, which includes:

(1) a copy of the closure statement under subdivision 1;

(2) a copy of the contract with a moving or towing contractor, which includes the
relocation costs for relocating the manufactured home;

(3) a statement with supporting materials of any additional relocation costs as outlined
in subdivision 1;

(4) a statement certifying that none of the exceptions to receipt of compensation under
subdivision 12, paragraph (b), apply to the manufactured home owner;

(5) a statement from the manufactured park owner that the lot rental is current and that
the annual $15 deleted text beginpaymentsdeleted text endnew text begin paymentnew text end to the Minnesota manufactured home relocation trust
fund deleted text beginhavedeleted text endnew text begin hasnew text end been paid when due; and

(6) a statement from the county where the manufactured home is located certifying that
personal property taxes for the manufactured home are paid through the end of that year.

(d)new text begin The neutral third party shall promptly process all payments for completed applications
within 14 days.
new text end If the neutral third party has acted reasonably and does not approve or deny
payment within 45 days after receipt of the information set forth in paragraph (c), the
payment is deemed approved. Upon approval and request by the neutral third party, the
Minnesota Housing Finance Agency shall issue two checks in equal amount for 50 percent
of the contract price payable to the mover and towing contractor for relocating the
manufactured home in the amount of the actual relocation cost, plus a check to the home
owner for additional certified costs associated with third-party vendors, that were necessary
in relocating the manufactured home. The moving or towing contractor shall receive 50
percent upon execution of the contract and 50 percent upon completion of the relocation
and approval by the manufactured home owner. The moving or towing contractor may not
apply the funds to any other purpose other than relocation of the manufactured home as
provided in the contract. A copy of the approval must be forwarded by the neutral third
party to the park owner with an invoice for payment of the amount specified in subdivision
12, paragraph (a).

(e) In lieu of collecting a relocation payment from the Minnesota manufactured home
relocation trust fund under paragraph (a), the manufactured home owner may collect an
amount from the fund after reasonable efforts to relocate the manufactured home have failed
due to the age or condition of the manufactured home, or because there are no manufactured
home parks willing or able to accept the manufactured home within a 25-mile radius. A
manufactured home owner may tender title of the manufactured home in the manufactured
home park to the manufactured home park owner, and collect an amount to be determined
by an independent appraisal. The appraiser must be agreed to by both the manufactured
home park owner and the manufactured home owner. If the appraised market value cannot
be determined, the tax market value, averaged over a period of five years, can be used as a
substitute. The maximum amount that may be reimbursed under the fund is $8,000 for a
single-section and $14,500 for a multisection manufactured home. The minimum amount
that may be reimbursed under the fund is $2,000 for a single section and $4,000 for a
multisection manufactured home. The manufactured home owner shall deliver to the
manufactured home park owner the current certificate of title to the manufactured home
duly endorsed by the owner of record, and valid releases of all liens shown on the certificate
of title, and a statement from the county where the manufactured home is located evidencing
that the personal property taxes have been paid. The manufactured home owner's application
for funds under this paragraph must include a document certifying that the manufactured
home cannot be relocated, that the lot rental is current, that the annual $15 payments to the
Minnesota manufactured home relocation trust fund have been paid when due, that the
manufactured home owner has chosen to tender title under this section, and that the park
owner agrees to make a payment to the commissioner of management and budget in the
amount established in subdivision 12, paragraph (a), less any documented costs submitted
to the neutral third party, required for demolition and removal of the home, and any debris
or refuse left on the lot, not to exceed $1,000. The manufactured home owner must also
provide a copy of the certificate of title endorsed by the owner of record, and certify to the
neutral third party, with a copy to the park owner, that none of the exceptions to receipt of
compensation under subdivision 12, paragraph (b), clauses (1) to (6), apply to the
manufactured home owner, and that the home owner will vacate the home within 60 days
after receipt of payment or the date of park closure, whichever is earlier, provided that the
monthly lot rent is kept current.

(f) The Minnesota Housing Finance Agency must make a determination of the amount
of payment a manufactured home owner would have been entitled to under a local ordinance
in effect on May 26, 2007. Notwithstanding paragraph (a), the manufactured home owner's
compensation for relocation costs from the fund under section 462A.35, is the greater of
the amount provided under this subdivision, or the amount under the local ordinance in
effect on May 26, 2007, that is applicable to the manufactured home owner. Nothing in this
paragraph is intended to increase the liability of the park owner.

(g) Neither the neutral third party nor the Minnesota Housing Finance Agency shall be
liable to any person for recovery if the funds in the Minnesota manufactured home relocation
trust fund are insufficient to pay the amounts claimed. The Minnesota Housing Finance
Agency shall keep a record of the time and date of its approval of payment to a claimant.

new text begin (h)(1) By October 15, 2018, the Minnesota Housing Finance Agency shall post on its
Web site and report to the chairs of the senate Finance Committee and house of
representatives Ways and Means Committee on the Minnesota manufactured home relocation
trust fund, including the account balance, payments to claimants, the amount of any advances
to the fund, the amount of any insufficiencies encountered during the previous calendar
year, and any itemized administrative charges or expenses deducted from the trust fund
balance. If sufficient funds become available, the Minnesota Housing Finance Agency shall
pay the manufactured home owner whose unpaid claim is the earliest by time and date of
approval.
new text end

deleted text begin (h)deleted text endnew text begin (2) Beginning in 2019,new text end thenew text begin Minnesota Housing Financenew text end Agency shallnew text begin post on its Web
site and
new text end report to the chairs of the senate Finance Committee and house of representatives
Ways and Means Committee by deleted text beginJanuarydeleted text endnew text begin Octobernew text end 15 of each year on the Minnesota
manufactured home relocation trust fund, including thenew text begin aggregatenew text end account balance,new text begin the
aggregate assessment payments received, summary information regarding each closed park
including the total
new text end payments to claimantsnew text begin and payments received from each closed parknew text end,
the amount of any advances to the fund, the amount of any insufficiencies encountered
during the previous deleted text begincalendardeleted text endnew text begin fiscalnew text end year,new text begin reports of neutral third parties provided pursuant
to subdivision 4,
new text end and anynew text begin itemizednew text end administrative charges or expenses deducted from the
trust fund balancenew text begin, all of which should be reconciled to the previous year's trust fund balancenew text end.
If sufficient funds become available, the Minnesota Housing Finance Agency shall pay the
manufactured home owner whose unpaid claim is the earliest by time and date of approval.

Sec. 8.

Minnesota Statutes 2016, section 327C.095, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Reporting of licensed manufactured home parks. new text end

new text begin The Department of Health
or, if applicable, local units of government that have entered into a delegation of authority
agreement with the Department of Health as provided in section 145A.07 shall provide, by
March 31 of each year, a list of names and addresses of the manufactured home parks
licensed in the previous year, and for each manufactured home park, the current licensed
owner, the owner's address, the number of licensed manufactured home lots, and other data
as they may request for the Department of Management and Budget to invoice each licensed
manufactured home park in the state of Minnesota.
new text end

Sec. 9.

Minnesota Statutes 2017 Supplement, section 462A.2035, subdivision 1, is amended
to read:


Subdivision 1.

Establishment.

The agency shall establish a manufactured home park
redevelopment program for the purpose of making manufactured home park redevelopment
grants or loans deleted text beginto cities, counties, community action programs, nonprofit organizations, and
cooperatives created under chapter 308A or 308B
deleted text endnew text begin for the purposes specified in this sectionnew text end.

Sec. 10.

Minnesota Statutes 2017 Supplement, section 462A.2035, subdivision 1b, is
amended to read:


Subd. 1b.

new text beginManufactured home new text endpark infrastructure grants.

Eligible recipients may
use new text beginmanufactured home new text endpark infrastructure grants under this program for:

(1) new text beginacquisition of and new text endimprovements in manufactured home parks; and

(2) infrastructure, including storm shelters and community facilities.

Sec. 11.

Minnesota Statutes 2016, section 462A.33, subdivision 1, is amended to read:


Subdivision 1.

Created.

The economic development and housing challenge program is
created to be administered by the agency.

(a) The program shall provide grants or loans for the purpose of construction, acquisition,
rehabilitation, demolition or removal of existing structures, construction financing, permanent
financing, interest rate reduction, refinancing, and gap financing of housing new text beginor manufactured
home parks, as defined in section 327C.01,
new text endto support economic development and
redevelopment activities or job creation or job preservation within a community or region
by meeting locally identified housing needs.

Gap financing is either:

(1) the difference between the costs of the property, including acquisition, demolition,
rehabilitation, and construction, and the market value of the property upon sale; or

(2) the difference between the cost of the property and the amount the targeted household
can afford for housing, based on industry standards and practices.

(b) Preference for grants and loans shall be given to comparable proposals that include
regulatory changes or waivers that result in identifiable cost avoidance or cost reductions,
such as increased density, flexibility in site development standards, or zoning code
requirements. Preference must also be given among comparable proposals to proposals for
projects that are accessible to transportation systems, jobs, schools, and other services.

(c) If a grant or loan is used for demolition or removal of existing structures, the cleared
land must be used for the construction of housing to be owned or rented by persons who
meet the income limits of this section or for other housing-related purposes that primarily
benefit the persons residing in the adjacent housing. In making selections for grants or loans
for projects that demolish affordable housing units, the agency must review the potential
displacement of residents and consider the extent to which displacement of residents is
minimized.

Sec. 12.

Minnesota Statutes 2016, section 462A.33, subdivision 2, is amended to read:


Subd. 2.

Eligible recipients.

Challenge grants or loans may be made to a city, a federally
recognized American Indian tribe or subdivision located in Minnesota, a tribal housing
corporation, a private developer, a nonprofit organization, or the owner of the housingnew text begin or
the manufactured home park
new text end, including individuals. For the purpose of this section, "city"
has the meaning given it in section 462A.03, subdivision 21. To the extent practicable,
grants and loans shall be made so that an approximately equal number of housing units are
financed in the metropolitan area and in the nonmetropolitan area.

Sec. 13.

Minnesota Statutes 2016, section 462A.37, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given.

(b) "Abandoned property" has the meaning given in section 117.025, subdivision 5.

(c) "Community land trust" means an entity that meets the requirements of section
462A.31, subdivisions 1 and 2.

(d) "Debt service" means the amount payable in any fiscal year of principal, premium,
if any, and interest on housing infrastructure bonds and the fees, charges, and expenses
related to the bonds.

(e) "Foreclosed property" means residential property where foreclosure proceedings
have been initiated or have been completed and title transferred or where title is transferred
in lieu of foreclosure.

(f) "Housing infrastructure bonds" means bonds issued by the agency under this chapter
that are qualified 501(c)(3) bonds, within the meaning of Section 145(a) of the Internal
Revenue Code, finance qualified residential rental projects within the meaning of Section
142(d) of the Internal Revenue Code, or are tax-exempt bonds that are not private activity
bonds, within the meaning of Section 141(a) of the Internal Revenue Code, for the purpose
of financing or refinancing affordable housing authorized under this chapter.

(g) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.

new text begin (h) "Senior" means a person 55 years of age or older with an annual income not greater
than 50 percent of:
new text end

new text begin (1) the metropolitan area median income for persons in the metropolitan area; or
new text end

new text begin (2) the statewide median income for persons outside the metropolitan area.
new text end

new text begin (i) "Senior housing" means housing intended and operated for occupancy by at least one
senior per unit with at least 80 percent of the units occupied by at least one senior per unit,
and for which there is publication of, and adherence to, policies and procedures that
demonstrate an intent by the owner or manager to provide housing for seniors. Senior
housing may be developed in conjunction with and as a distinct portion of mixed-income
senior housing developments that use a variety of public or private financing sources.
new text end

deleted text begin (h)deleted text endnew text begin (j)new text end "Supportive housing" means housing that is not time-limited and provides or
coordinates with linkages to services necessary for residents to maintain housing stability
and maximize opportunities for education and employment.

Sec. 14.

Minnesota Statutes 2016, section 462A.37, subdivision 2, is amended to read:


Subd. 2.

Authorization.

(a) The agency may issue up to $30,000,000 in aggregate
principal amount of housing infrastructure bonds in one or more series to which the payment
made under this section may be pledged. The housing infrastructure bonds authorized in
this subdivision may be issued to fund loansnew text begin or grants for the purposes of clause (4)new text end, on
terms and conditions the agency deems appropriate, made for one or more of the following
purposes:

(1) to finance the costs of the construction, acquisition, and rehabilitation of supportive
housing for individuals and families who are without a permanent residence;

(2) to finance the costs of the acquisition and rehabilitation of foreclosed or abandoned
housing to be used for affordable rental housing and the costs of new construction of rental
housing on abandoned or foreclosed property where the existing structures will be demolished
or removed;

(3) to finance that portion of the costs of acquisition of property that is attributable to
the land to be leased by community land trusts to low- and moderate-income homebuyers;
deleted text begin and
deleted text end

(4) new text beginto finance that portion of the acquisition, improvement, and infrastructure of
manufactured home parks under section 462A.2035, subdivision 1b, that is attributable to
land to be leased to low- and moderate-income manufactured home owners;
new text end

new text begin (5) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction
of senior housing; and
new text end

new text begin (6) new text endto finance the costs of acquisition and rehabilitation of federally assisted rental
housing and for the refinancing of costs of the construction, acquisition, and rehabilitation
of federally assisted rental housing, including providing funds to refund, in whole or in part,
outstanding bonds previously issued by the agency or another government unit to finance
or refinance such costs.

(b) Among comparable proposals for permanent supportive housing, preference shall
be given to permanent supportive housing for veterans and other individuals or families
who:

(1) either have been without a permanent residence for at least 12 months or at least four
times in the last three years; or

(2) are at significant risk of lacking a permanent residence for 12 months or at least four
times in the last three years.

new text begin (c) Among comparable proposals for senior housing, the agency must give priority to
requests for projects that:
new text end

new text begin (1) demonstrate a commitment to maintaining the housing financed as affordable to
seniors;
new text end

new text begin (2) leverage other sources of funding to finance the project, including the use of
low-income housing tax credits;
new text end

new text begin (3) provide access to services to residents and demonstrate the ability to increase physical
supports and support services as residents age and experience increasing levels of disability;
new text end

new text begin (4) provide a service plan containing the elements of clause (3) reviewed by the housing
authority, economic development authority, public housing authority, or community
development agency that has an area of operation for the jurisdiction in which the project
is located; and
new text end

new text begin (5) include households with incomes that do not exceed 30 percent of the median
household income for the metropolitan area.
new text end

new text begin To the extent practicable, the agency shall balance the loans made between projects in the
metropolitan area and projects outside the metropolitan area. Of the loans made to projects
outside the metropolitan area, the agency shall, to the extent practicable, balance the loans
made between projects in counties or cities with a population of 20,000 or less, as established
by the most recent decennial census, and projects in counties or cities with populations in
excess of 20,000.
new text end

Sec. 15.

Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Aggregate bond limitation. new text end

new text begin "Aggregate bond limitation" means up to 55
percent of the reasonably expected aggregate basis of a residential rental project and the
land on which the project is or will be located.
new text end

Sec. 16.

Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin AMI. new text end

new text begin "AMI" means the area median income for the applicable county or
metropolitan area as published by the Department of Housing and Urban Development, as
adjusted for household size.
new text end

Sec. 17.

Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:


new text begin Subd. 12a. new text end

new text begin LIHTC. new text end

new text begin "LIHTC" means low-income housing tax credits under section 42
of the Internal Revenue Code of 1986, as amended.
new text end

Sec. 18.

Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:


new text begin Subd. 21a. new text end

new text begin Preservation project. new text end

new text begin "Preservation project" means any residential rental
project, regardless of whether or not such project is restricted to persons of a certain age or
older, that is expected to generate low-income housing tax credits under section 42 of the
Internal Revenue Code of 1986, as amended, and (1) receives federal project-based rental
assistance, or (2) is funded through a loan from or guaranteed by the United States
Department of Agriculture's Rural Development Program. In addition, to qualify as a
preservation project, the amount of bonds requested in the application must not exceed the
aggregate bond limitation.
new text end

Sec. 19.

Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:


new text begin Subd. 30. new text end

new text begin 30 percent AMI residential rental project. new text end

new text begin "30 percent AMI residential
rental project" means a residential rental project that does not otherwise qualify as a
preservation project, is expected to generate low-income housing tax credits under section
42 of the Internal Revenue Code of 1986, as amended, from 100 percent of its residential
units, and in which:
new text end

new text begin (1) all the residential units of the project:
new text end

new text begin (i) are reserved for tenants whose income, on average, is 30 percent of AMI or less;
new text end

new text begin (ii) are rent-restricted in accordance with section 42(g)(2) of the Internal Revenue Code
of 1986, as amended; and
new text end

new text begin (iii) are subject to rent and income restrictions for a period of not less than 30 years; or
new text end

new text begin (2)(i) is located outside of the metropolitan area as defined in section 473.121, subdivision
2, and within a county or metropolitan area that has a current median area gross income
that is less than the statewide area median income for Minnesota;
new text end

new text begin (ii) all of the units of the project are rent-restricted in accordance with section 42(g)(2)
of the Internal Revenue Code of 1986, as amended; and
new text end

new text begin (iii) all of the units of the project are subject to the applicable rent and income restrictions
for a period of not less than 30 years.
new text end

new text begin In addition, to qualify as a 30 percent AMI residential project, the amount of bonds
requested in the application must not exceed the aggregate bond limitation.
new text end

Sec. 20.

Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:


new text begin Subd. 31. new text end

new text begin 50 percent AMI residential rental project. new text end

new text begin "50 percent AMI residential
rental project," means a residential rental project that does not qualify as a preservation
project or 30 percent AMI residential rental project, is expected to generate low-income
housing tax credits under section 42 of the Internal Revenue Code of 1986, as amended,
from 100 percent of its residential units, and in which all the residential units of the project:
new text end

new text begin (1) are reserved for tenants whose income, on average, is 50 percent of AMI or less;
new text end

new text begin (2) are rent-restricted in accordance with section 42(g)(2) of the Internal Revenue Code
of 1986, as amended; and
new text end

new text begin (3) are subject to rent and income restrictions for a period of not less than 30 years.
new text end

new text begin In addition, to qualify as a 50 percent AMI residential rental project, the amount of bonds
requested in the application must not exceed the aggregate bond limitation.
new text end

Sec. 21.

Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:


new text begin Subd. 32. new text end

new text begin 100 percent LIHTC project. new text end

new text begin "100 percent LIHTC project" means a residential
rental project that is expected to generate low-income housing tax credits under section 42
of the Internal Revenue Code of 1986, as amended, from 100 percent of its residential units
and does not otherwise qualify as a preservation project, 30 percent AMI residential rental
project, or 50 percent AMI residential rental project. In addition, to qualify as a 100 percent
LIHTC project, the amount of bonds requested in the application must not exceed the
aggregate bond limitation.
new text end

Sec. 22.

Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:


new text begin Subd. 33. new text end

new text begin 20 percent LIHTC project. new text end

new text begin "20 percent LIHTC project" means a residential
rental project that is expected to generate low-income housing tax credits under section 42
of the Internal Revenue Code of 1986, as amended, from at least 20 percent of its residential
units and does not otherwise qualify as a preservation project, 30 percent AMI residential
rental project, 50 percent AMI residential rental project, or 100 percent LIHTC project. In
addition, to qualify as a 20 percent LIHTC project, the amount of bonds requested in the
application must not exceed the aggregate bond limitation.
new text end

Sec. 23.

Minnesota Statutes 2016, section 474A.03, subdivision 1, is amended to read:


Subdivision 1.

Under federal tax law; allocations.

At the beginning of each calendar
year after December 31, 2001, the commissioner shall determine the aggregate dollar amount
of the annual volume cap under federal tax law for the calendar year, and of this amount
the commissioner shall make the following allocation:

(1) $74,530,000 to the small issue pool;

(2) $122,060,000 to the housing poolnew text begin in calendar years 2019 and 2020, and starting in
calendar year 2021, $122,060,000 to the housing pool
new text end, of which 31 percent of the adjusted
allocation is reserved until the last Monday in deleted text beginJulydeleted text endnew text begin Junenew text end for single-family housing programs;

(3) $12,750,000 to the public facilities pool; and

(4) amounts to be allocated as provided in subdivision 2a.

If the annual volume cap is greater or less than the amount of bonding authority allocated
under clauses (1) to (4) and subdivision 2a, paragraph (a), clauses (1) to (4), the allocation
must be adjusted so that each adjusted allocation is the same percentage of the annual volume
cap as each original allocation is of the total bonding authority originally allocated.

Sec. 24.

Minnesota Statutes 2016, section 474A.04, subdivision 1a, is amended to read:


Subd. 1a.

Entitlement reservations.

Any amount returned by an entitlement issuer
before deleted text beginJulydeleted text endnew text begin Junenew text end 15 shall be reallocated through the housing pool. Any amount returned on
or after July deleted text begin15deleted text endnew text begin 1new text end shall be reallocated through the unified pool. An amount returned after
the last Monday in November shall be reallocated to the Minnesota Housing Finance Agency.

Sec. 25.

Minnesota Statutes 2016, section 474A.047, subdivision 1, is amended to read:


Subdivision 1.

Eligibility.

(a) An issuer may only use the proceeds from residential
rental bonds if the proposed project meets the following requirements:

(1) the proposed residential rental project meets the requirements of section 142(d) of
the Internal Revenue Code regarding the incomes of the occupants of the housing; and

(2) the maximum rent for at least 20 percent of the units in the proposed residential rental
project do not exceed the area fair market rent or exception fair market rents for existing
housing, if applicable, as established by the federal Department of Housing and Urban
Development. The rental rates of units in a residential rental project for which project-based
federal assistance payments are made are deemed to be within the rent limitations of this
clause.

(b) The proceeds from residential rental bonds may be used for a project for which
project-based federal rental assistance payments are made only ifdeleted text begin:deleted text endnew text begin the owner of the project
enters into a binding agreement with the issuer under which the owner is obligated to extend
any existing low-income affordability restrictions and any contract or agreement for rental
assistance payments for the maximum term permitted, including any renewals thereof.
new text end

deleted text begin (1) the owner of the project enters into a binding agreement with the Minnesota Housing
Finance Agency under which the owner is obligated to extend any existing low-income
affordability restrictions and any contract or agreement for rental assistance payments for
the maximum term permitted, including any renewals thereof; and
deleted text end

deleted text begin (2) the Minnesota Housing Finance Agency certifies that project reserves will be
maintained at closing of the bond issue and budgeted in future years at the lesser of:
deleted text end

deleted text begin (i) the level described in Minnesota Rules, part 4900.0010, subpart 7, item A, subitem
(2), effective May 1, 1997; or
deleted text end

deleted text begin (ii) the level of project reserves available prior to the bond issue, provided that additional
money is available to accomplish repairs and replacements needed at the time of bond issue.
deleted text end

Sec. 26.

Minnesota Statutes 2016, section 474A.047, subdivision 2, is amended to read:


Subd. 2.

15-year agreement.

Prior to the issuance of residential rental bonds, the
developer of the project for which the bond proceeds will be used must enter into a 15-year
agreement with the issuer that specifies the maximum rental rates of the rent-restricted units
in the project and the income levels of the residents of the project occupying income-restricted
unitsdeleted text begin.deleted text end new text beginand in which the developer will agree to maintain the project as a preservation project,
30 percent AMI residential rental project, 50 percent AMI residential rental project, 100
percent LIHTC project, or 20 percent LIHTC project, as applicable and as described in its
application.
new text endSuch rental rates and income levels must be within the limitations established
under subdivision 1. The developer must annually certify to the issuer over the term of the
agreement that the rental rates for the rent-restricted units are within the limitations under
subdivision 1. The issuer may request individual certification of the income of residents of
the income-restricted units. The commissioner may request from the issuer a copy of the
annual certification prepared by the developer. The commissioner may require the issuer
to request individual certification of all residents of the income-restricted units.

Sec. 27.

Minnesota Statutes 2016, section 474A.061, is amended to read:


474A.061 MANUFACTURING, HOUSING, AND PUBLIC FACILITIES POOLS.

Subdivision 1.

Allocation applicationnew text begin; small issue pool and public facilities poolnew text end.

(a)
new text begin For any requested allocations from the small issue pool and the public facilities pool, new text endan
issuer may apply for an allocation under this section by submitting to the department an
application on forms provided by the department, accompanied by (1) a preliminary
resolution, (2) a statement of bond counsel that the proposed issue of obligations requires
an allocation under this chapter and the Internal Revenue Code, (3) the type of qualified
bonds to be issued, (4) an application deposit in the amount of one percent of the requested
allocation before the last Monday in deleted text beginJulydeleted text endnew text begin Junenew text end, or in the amount of two percent of the
requested allocation on or after the last Monday in deleted text beginJuly,deleted text endnew text begin June, andnew text end (5) a public purpose
scoring worksheet for manufacturing project and enterprise zone facility project applicationsdeleted text begin,
and (6) for residential rental projects, a statement from the applicant or bond counsel as to
whether the project preserves existing federally subsidized housing for residential rental
project applications and whether the project is restricted to persons who are 55 years of age
or older
deleted text end. The issuer must pay the application deposit deleted text beginby a check madedeleted text end deleted text beginpayabledeleted text end to the
Department of Management and Budget. The Minnesota Housing Finance Agency, the
Minnesota Rural Finance Authority, and the Minnesota Office of Higher Education may
apply for and receive an allocation under this section without submitting an application
deposit.

(b) An entitlement issuer may not apply for an allocation deleted text beginfrom the public facilities pooldeleted text endnew text begin
under this subdivision
new text end unless it has either permanently issued bonds equal to the amount of
its entitlement allocation for the current year plus any amount of bonding authority carried
forward from previous years or returned for reallocation all of its unused entitlement
allocation. deleted text beginAn entitlement issuer may not apply for an allocation from the housing pool
unless it either has permanently issued bonds equal to any amount of bonding authority
carried forward from a previous year or has returned for reallocation any unused bonding
authority carried forward from a previous year.
deleted text end For purposes of this subdivision, its
entitlement allocation includes an amount obtained under section 474A.04, subdivision 6.
deleted text begin This paragraph does not apply to an application from the Minnesota Housing Finance Agency
for an allocation under subdivision 2a for cities who choose to have the agency issue bonds
on their behalf.
deleted text end

(c) If an application is rejected under this section, the commissioner must notify the
applicant and return the application deposit to the applicant within 30 days unless the
applicant requests in writing that the application be resubmitted. The granting of an allocation
of bonding authority under this section must be evidenced by a certificate of allocation.

new text begin Subd. 1a. new text end

new text begin Allocation application; housing pool. new text end

new text begin (a) For any requested allocations from
the housing pool, an issuer may apply for an allocation under this section by submitting to
the department an application on forms provided by the department, accompanied by (1) a
preliminary resolution, (2) a statement of bond counsel that the proposed issue of obligations
requires an allocation under this chapter and the Internal Revenue Code, (3) an application
deposit in the amount of two percent of the requested allocation, (4) a sworn statement from
the applicant identifying the project as either a preservation project, 30 percent AMI
residential rental project, 50 percent AMI residential rental project, 100 percent LIHTC
project, 20 percent LIHTC project, or any other residential rental project, and (5) a
certification from the applicant or its accountant stating whether the requested allocation
exceeds the aggregate bond limitation. The issuer must pay the application deposit to the
Department of Management and Budget. The Minnesota Housing Finance Agency may
apply for and receive an allocation under this section without submitting an application
deposit.
new text end

new text begin (b) An entitlement issuer may not apply for an allocation from the housing pool unless
it either has permanently issued bonds equal to any amount of bonding authority carried
forward from a previous year or has returned for reallocation any unused bonding authority
carried forward from a previous year. For purposes of this subdivision, its entitlement
allocation includes an amount obtained under section 474A.04, subdivision 6. This paragraph
does not apply to an application from the Minnesota Housing Finance Agency for an
allocation under subdivision 2a for cities who choose to have the agency issue bonds on the
city's behalf.
new text end

new text begin (c) If an application is rejected under this section, the commissioner must notify the
applicant and return the application deposit to the applicant within 30 days unless the
applicant requests in writing that the application be resubmitted. The granting of an allocation
of bonding authority under this section must be evidenced by a certificate of allocation.
new text end

Subd. 2a.

Housing pool allocation.

(a) Commencing on the second Tuesday in January
and continuing on each Monday through deleted text beginJulydeleted text endnew text begin Junenew text end 15, the commissioner shall allocate
available bonding authority from the housing pool to applications received on or before the
Monday of the preceding week for residential rental projects that meet the eligibility criteria
under section 474A.047. Allocations of available bonding authority from the housing pool
for eligible residential rental projects shall be awarded in the following order of priority:
deleted text begin (1) projects that preserve existing federally subsidized housing; (2) projects that are not
restricted to persons who are 55 years of age or older; and (3) other residential rental projects.
Prior to May 15, no allocation shall be made to a project restricted to persons who are 55
years of age or older.
deleted text end

new text begin (1) preservation projects;
new text end

new text begin (2) 30 percent AMI residential rental projects;
new text end

new text begin (3) 50 percent AMI residential rental projects;
new text end

new text begin (4) 100 percent LIHTC projects;
new text end

new text begin (5) 20 percent LIHTC projects;
new text end

new text begin (6) single-family housing programs after June 1 in calendar years 2019 and 2020, and
after January 1 starting in calendar year 2021; and
new text end

new text begin (7) other residential rental projects for which the amount of bonds requested in their
respective applications do not exceed the aggregate bond limitation.
new text end

new text begin If there are two or more applications for residential rental projects at the same priority level
and there is insufficient bonding authority to provide allocations for all such projects in any
one allocation period, available bonding authority shall be randomly awarded by lot. If a
residential rental project is selected by lot, but the remaining bonding authority is insufficient
to provide the full amount of the requested allocation, the project shall be allocated the
remaining available housing pool bonding authority and if the project applies for an allocation
of bonds again in the same calendar year or to the next successive housing pool, the project
shall be awarded the lesser of the available bonding authority or the remainder of its full
allocation request before any new project applying in the same allocation period with an
equal or lower priority shall receive bonding authority. The project shall continue to receive
priority over other projects applying with an equal or lower priority during the time period
specified in this paragraph until the project has been awarded its full allocation amount.
new text end

If an issuer that receives an allocation under this deleted text beginparagraph does not issue obligations equal
to all or a portion of the allocation received
deleted text end new text beginsubdivisionnew text end deleted text beginwithin 120 days of the allocation
or
deleted text end returns the allocation to the commissioner, the amount of the allocation is canceled and
returned for reallocation through the housing pool or to the unified pool after deleted text beginJulydeleted text end new text beginJunenew text end 15
new text begin but only if the return occurs in the same calendar year as the original allocationnew text end.

new text begin If an issuer that receives an allocation under this subdivision does not issue obligations
equal to all or a portion of the allocation by the last business day in December, the issuer
may elect to carry forward its allocation by submitting notice to the commissioner by the
last business day in December, including a resolution of intent to carry forward from its
local governing body, and paying an additional application deposit equal to one percent of
the allocation amount.
new text end

(b) deleted text beginAfter January 1, and through January 15,deleted text end The Minnesota Housing Finance Agency
may accept applicationsnew text begin, according to the schedule in paragraph (c),new text end from cities for
single-family housing programs which meet program requirements as follows:

(1) the housing program must meet a locally identified housing need and be economically
viable;

(2) the adjusted income of home buyers may not exceed 80 percent of the greater of
statewide or area median income as published by the Department of Housing and Urban
Development, adjusted for household size;

(3) house price limits may not exceed the federal price limits established for mortgage
revenue bond programs. Data on the home purchase price amount, mortgage amount, income,
household size, and race of the households served in the previous year's single-family
housing program, if any, must be included in each application; and

(4) for applicants who choose to have the agency issue bonds on their behalf, an
application fee pursuant to section 474A.03, subdivision 4, and an application deposit equal
to one percent of the requested allocation must be submitted to the Minnesota Housing
Finance Agency before the agency forwards the list specifying the amounts allocated to the
commissioner under paragraph deleted text begin(d)deleted text endnew text begin (e)new text end. The agency shall submit the city's application fee
and application deposit to the commissioner when requesting an allocation from the housing
pool.

Applications by a consortium shall include the name of each member of the consortium
and the amount of allocation requested by each member.

new text begin (c) The Minnesota Housing Finance Agency may accept applications under paragraph
(b) after June 1 in calendar years 2019 and 2020, and after January 1 and through January
15 starting in calendar year 2021.
new text end

deleted text begin (c) Any amounts remaining in the housing pool after July 15 are available for
single-family housing programs for cities that applied in January and received an allocation
under this section in the same calendar year.
deleted text endnew text begin (d)new text end For a city that chooses to issue bonds on
its own behalf or pursuant to a joint powers agreement, the agency must allot available
bonding authority based on the formula in paragraphs deleted text begin(d)deleted text endnew text begin (e)new text end and deleted text begin(f)deleted text endnew text begin (g)new text end. Allocations will
be made loan by loan, on a first-come, first-served basis among cities on whose behalf the
Minnesota Housing Finance Agency issues bonds.

Any city that received an allocation pursuant to paragraph deleted text begin(f)deleted text endnew text begin (g)new text end in the same calendar
year that wishes to issue bonds on its own behalf or pursuant to a joint powers agreement
for an amount becoming available for single-family housing programs after deleted text beginJuly 15deleted text endnew text begin June 1new text end
shall notify the Minnesota Housing Finance Agency by deleted text beginJuly 15deleted text endnew text begin June 1new text end. The Minnesota
Housing Finance Agency shall notify each city making a request of the amount of its
allocation within three business days after deleted text beginJuly 15deleted text endnew text begin June 1new text end. The city must comply with
paragraph deleted text begin(f)deleted text endnew text begin (g)new text end.

For purposes of deleted text beginparagraphs (a) to (h)deleted text endnew text begin this subdivisionnew text end, "city" means a county or a
consortium of local government units that agree through a joint powers agreement to apply
together for single-family housing programs, and has the meaning given it in section 462C.02,
subdivision 6
. "Agency" means the Minnesota Housing Finance Agency.

deleted text begin (d)deleted text endnew text begin (e)new text end The total amount of allocation for mortgage bonds for one city is limited to the
lesser of: (i) the amount requested, or (ii) the product of the total amount available for
mortgage bonds from the housing pool, multiplied by the ratio of each applicant's population
as determined by the most recent estimate of the city's population released by the state
demographer's office to the total of all the applicants' population, except that each applicant
shall be allocated a minimum of $100,000 regardless of the amount requested or the amount
determined under the formula in clause (ii). If a city applying for an allocation is located
within a county that has also applied for an allocation, the city's population will be deducted
from the county's population in calculating the amount of allocations under this paragraph.

Upon determining the amount of each applicant's allocation, the agency shall forward
to the commissioner a list specifying the amounts allotted to each application with all
application fees and deposits from applicants who choose to have the agency issue bonds
on their behalf.

Total allocations from the housing pool for single-family housing programs may not
exceed 31 percent of the adjusted allocation to the housing pool deleted text beginuntil after July 15deleted text end.

deleted text begin (e)deleted text endnew text begin (f)new text end The agency may issue bonds on behalf of participating cities. The agency shall
request an allocation from the commissioner for all applicants who choose to have the
agency issue bonds on their behalf and the commissioner shall allocate the requested amount
to the agency. The agency may request an allocation at any time after new text beginJune 1 in calendar
years 2019 and 2020, and after
new text end the second Tuesday in January and through the last Monday
in deleted text beginJulydeleted text endnew text begin June starting in calendar year 2021new text end. After awarding an allocation and receiving a
notice of issuance for the mortgage bonds issued on behalf of the participating cities, the
commissioner shall transfer the application deposits to the Minnesota Housing Finance
Agency to be returned to the participating cities. The Minnesota Housing Finance Agency
shall return any application deposit to a city that paid an application deposit under paragraph
(b), clause (4), but was not part of the list forwarded to the commissioner under paragraph
deleted text begin (d)deleted text endnew text begin (e)new text end.

deleted text begin (f)deleted text endnew text begin (g)new text end A city may choose to issue bonds on its own behalf or through a joint powers
agreement and may request an allocation from the commissioner by forwarding an application
with an application fee pursuant to section 474A.03, subdivision 4, and a one percent
application deposit to the commissioner no later than the Monday of the week preceding
an allocation. If the total amount requested by all applicants exceeds the amount available
in the pool, the city may not receive a greater allocation than the amount it would have
received under the list forwarded by the Minnesota Housing Finance Agency to the
commissioner. No city may request or receive an allocation from the commissioner until
the list under paragraph deleted text begin(d)deleted text endnew text begin (e)new text end has been forwarded to the commissioner. A city must request
an allocation from the commissioner no later than the last Monday in deleted text beginJulydeleted text endnew text begin Junenew text end. No city
may receive an allocation from the housing pool for mortgage bonds which has not first
applied to the Minnesota Housing Finance Agency. The commissioner shall allocate the
requested amount to the city or cities subject to the limitations under this paragraph.

If a city issues mortgage bonds from an allocation received under this paragraph, the
issuer must provide for the recycling of funds into new loans. If the issuer is not able to
provide for recycling, the issuer must notify the commissioner in writing of the reason that
recycling was not possible and the reason the issuer elected not to have the Minnesota
Housing Finance Agency issue the bonds. "Recycling" means the use of money generated
from the repayment and prepayment of loans for further eligible loans or for the redemption
of bonds and the issuance of current refunding bonds.

deleted text begin (g)deleted text endnew text begin (h)new text end No entitlement city or county or city in an entitlement county may apply for or
be allocated authority to issue mortgage bonds or use mortgage credit certificates from the
housing pool. No city in an entitlement county may apply for or be allocated authority to
issue residential rental bonds from the housing pool or the unified pool.

deleted text begin (h)deleted text endnew text begin (i)new text end A city that does not use at least 50 percent of its allotment by the date applications
are due for the first allocation that is made from the housing pool for single-family housing
programs in the immediately succeeding calendar year may not apply to the housing pool
for a single-family mortgage bond or mortgage credit certificate program allocation that
exceeds the amount of its allotment for the preceding year that was used by the city in the
immediately preceding year or receive an allotment from the housing pool in the succeeding
calendar year that exceeds the amount of its allotment for the preceding year that was used
in the preceding year. The minimum allotment is $100,000 for an allocation made prior to
July deleted text begin15deleted text endnew text begin 1new text end, regardless of the amount used in the preceding calendar year, except that a city
whose allocation in the preceding year was the minimum amount of $100,000 and who did
not use at least 50 percent of its allocation from the preceding year is ineligible for an
allocation in the immediate succeeding calendar year. Each local government unit in a
consortium must meet the requirements of this paragraph.

Subd. 2b.

Small issue pool allocation.

Commencing on the second Tuesday in January
and continuing on each Monday through the last Monday in deleted text beginJulydeleted text endnew text begin Junenew text end, the commissioner
shall allocate available bonding authority from the small issue pool to applications received
on or before the Monday of the preceding week for manufacturing projects and enterprise
zone facility projects. From the second Tuesday in January through the last Monday in deleted text beginJulydeleted text endnew text begin
June
new text end, the commissioner shall reserve $5,000,000 of the available bonding authority from
the small issue pool for applications for agricultural development bond loan projects of the
Minnesota Rural Finance Authority.

Beginning in calendar year 2002, on the second Tuesday in January through the last
Monday in deleted text beginJulydeleted text endnew text begin Junenew text end, the commissioner shall reserve $10,000,000 of available bonding
authority in the small issue pool for applications for student loan bonds of or on behalf of
the Minnesota Office of Higher Education. The total amount of allocations for student loan
bonds from the small issue pool may not exceed $10,000,000 per year.

The commissioner shall reserve $10,000,000 until the day after the last Monday in
February, $10,000,000 until the day after the last Monday in April, and $10,000,000 until
the day after the last Monday in June in the small issue pool for enterprise zone facility
projects and manufacturing projects. The amount of allocation provided to an issuer for a
specific enterprise zone facility project or manufacturing project will be based on the number
of points received for the proposed project under the scoring system under section 474A.045.

If there are two or more applications for manufacturing and enterprise zone facility
projects from the small issue pool and there is insufficient bonding authority to provide
allocations for all projects in any one week, the available bonding authority shall be awarded
based on the number of points awarded a project under section 474A.045, with those projects
receiving the greatest number of points receiving allocation first. If two or more applications
receive an equal number of points, available bonding authority shall be awarded by lot
unless otherwise agreed to by the respective issuers.

Subd. 2c.

Public facilities pool allocation.

From the beginning of the calendar year and
continuing for a period of 120 days, the commissioner shall reserve $5,000,000 of the
available bonding authority from the public facilities pool for applications for public facilities
projects to be financed by the Western Lake Superior Sanitary District. Commencing on
the second Tuesday in January and continuing on each Monday through the last Monday
in deleted text beginJulydeleted text endnew text begin Junenew text end, the commissioner shall allocate available bonding authority from the public
facilities pool to applications for eligible public facilities projects received on or before the
Monday of the preceding week. If there are two or more applications for public facilities
projects from the pool and there is insufficient available bonding authority to provide
allocations for all projects in any one week, the available bonding authority shall be awarded
by lot unless otherwise agreed to by the respective issuers.

Subd. 4.

Return of allocation; deposit refundnew text begin for small issue pool or public facilities
pool
new text end.

(a) new text beginFor any requested allocation from the small issue pool or the public facilities pool,
new text end if an issuer that receives an allocation under this section determines that it will not issue
obligations equal to all or a portion of the allocation received under this section within 120
days of allocation or within the time period permitted by federal tax law, whichever is less,
the issuer must notify the department. If the issuer notifies the department or the 120-day
period since allocation has expired prior to the last Monday in deleted text beginJulydeleted text endnew text begin Junenew text end, the amount of
allocation is canceled and returned for reallocation through the pool from which it was
originally allocated. If the issuer notifies the department or the 120-day period since allocation
has expired on or after the last Monday in deleted text beginJulydeleted text endnew text begin Junenew text end, the amount of allocation is canceled
and returned for reallocation through the unified pool. If the issuer notifies the department
after the last Monday in November, the amount of allocation is canceled and returned for
reallocation to the Minnesota Housing Finance Agency. To encourage a competitive
application process, the commissioner shall reserve, for new applications, the amount of
allocation that is canceled and returned for reallocation under this section for a minimum
of seven calendar days.

(b) An issuer that returns for reallocation all or a portion of an allocation received under
this deleted text beginsectiondeleted text endnew text begin subdivisionnew text end within 120 days of allocation shall receive within 30 days a refund
equal to:

(1) one-half of the application deposit for the amount of bonding authority returned
within 30 days of receiving allocation;

(2) one-fourth of the application deposit for the amount of bonding authority returned
between 31 and 60 days of receiving allocation; and

(3) one-eighth of the application deposit for the amount of bonding authority returned
between 61 and 120 days of receiving allocation.

(c) No refund shall be available for allocations returned 120 or more days after receiving
the allocation or beyond the last Monday in November.

new text begin Subd. 4a. new text end

new text begin Return of allocation; deposit refund for housing pool. new text end

new text begin (a) For any requested
allocations from the housing pool, if an issuer that receives an allocation under this section
determines that it will not (1) issue obligations equal to all or a portion of the allocation
received under this section within the time period permitted by this section or (2) carry
forward its allocation under section 474A.061, subdivision 2a, the issuer must notify the
department as soon as possible, but no later than the last business day in December. If the
issuer notifies the department prior to the last Monday in June, the amount of allocation is
canceled and returned for reallocation through the housing pool. If the issuer notifies the
department on or after the last Monday in June, but during the same calendar year as the
original allocation, the amount of the allocation is canceled and returned for reallocation
through the unified pool. If the issuer notifies the department after the last Monday in
November, the amount of allocation is canceled and returned for reallocation to the Minnesota
Housing Finance Agency. To encourage a competitive application process, the commissioner
shall reserve, for new applications, the amount of allocation that is canceled and returned
for reallocation under this section for a minimum of seven calendar days.
new text end

new text begin (b) An issuer that returns for reallocation all or a portion of an allocation received under
this subdivision by the last Monday in November shall receive within 30 days a refund
equal to:
new text end

new text begin (1) one-half of the application deposit for the amount of bonding authority returned
within 45 days of receiving allocation;
new text end

new text begin (2) one-fourth of the allocation deposit for the amount of bonding authority returned
between 46 and 90 days of receiving allocation; and
new text end

new text begin (3) one-eighth of the application deposit for the amount of bonding authority returned
between 91 and 180 days of receiving allocation.
new text end

new text begin (c) No refund shall be available for allocations returned 180 or more days after receiving
the allocation or beyond the last Monday in November.
new text end

Sec. 28.

Minnesota Statutes 2016, section 474A.062, is amended to read:


474A.062 MINNESOTA OFFICE OF HIGHER EDUCATION deleted text begin120-DAYdeleted text end ISSUANCE
EXEMPTION.

The Minnesota Office of Higher Education is exempt from deleted text beginthe 120-day issuance
requirements
deleted text endnew text begin any time limitation on issuance of bonds set forthnew text end in this chapter and may
carry forward allocations for student loan bonds, subject to carryforward notice requirements
of section 474A.131, subdivision 2.

Sec. 29.

Minnesota Statutes 2016, section 474A.091, is amended to read:


474A.091 ALLOCATION OF UNIFIED POOL.

Subdivision 1.

Unified pool amount.

On the day after the last Monday in deleted text beginJulydeleted text endnew text begin Junenew text end any
bonding authority remaining unallocated from the small issue pool, the housing pool, and
the public facilities pool is transferred to the unified pool and must be reallocated as provided
in this section.

Subd. 2.

Applicationnew text begin for residential rental projectsnew text end.

new text begin(a) new text endIssuers may apply for an
allocation new text beginfor residential rental bonds new text endunder this section by submitting to the department an
application on forms provided by the department accompanied bynew text begin:
new text end

(1) a preliminary resolutiondeleted text begin,deleted text endnew text begin;
new text end

(2) a statement of bond counsel that the proposed issue of obligations requires an
allocation under this chapter and the Internal Revenue Codedeleted text begin,deleted text endnew text begin;
new text end

(3) deleted text beginthe type of qualified bonds to be issued, (4)deleted text end an application deposit in the amount of
two percent of the requested allocationnew text begin;new text end deleted text begin,(5) a public purpose scoring worksheet for
manufacturing and enterprise zone applications, and (6) for residential rental projects, a
statement from the applicant or bond counsel as to whether the project preserves existing
federally subsidized housing and whether the project is restricted to persons who are 55
years of age or older.
deleted text end

new text begin (4) a sworn statement from the applicant identifying the project as either a preservation
project, 30 percent AMI residential rental project, 50 percent AMI residential rental project,
100 percent LIHTC project, 20 percent LIHTC project, or any other residential rental project;
and
new text end

new text begin (5) a certification from the applicant or its accountant stating whether the requested
allocation exceeds the aggregate bond limitation. Applications for projects requesting bonds
in excess of the aggregate bond limitation may not apply or be allocated bonding authority
until after September 1 each year.
new text end

The issuer must pay the application deposit deleted text beginby checkdeleted text end new text beginto the Department of Management
and Budget
new text end. An entitlement issuer may not apply for an allocation for deleted text beginpublic facility bonds,deleted text end
residential rental project bondsdeleted text begin, or mortgage bondsdeleted text end under this section unless it has either
permanently issued bonds equal to the amount of its entitlement allocation for the current
year plus any amount carried forward from previous years or returned for reallocation all
of its unused entitlement allocation. For purposes of this subdivision, its entitlement allocation
includes an amount obtained under section 474A.04, subdivision 6.

new text begin (b) If an issuer that receives an allocation under this subdivision returns the allocation
to the commissioner, the amount of the allocation is canceled and returned for reallocation
through the unified pool only if the return occurs prior to the last Monday in November and
within the same calendar year as the original allocation. If an issuer that receives an allocation
under this subdivision does not issue obligations equal to all or a portion of the allocation
by the last business day in December, the issuer may elect to carry forward its allocation
by submitting notice to the commissioner by the last business day in December, including
a resolution of intent to carry forward from its local governing body, and paying an additional
application deposit equal to one percent of the allocation amount.
new text end

new text begin (c) new text endNotwithstanding the restrictions imposed on entitlement issuers under this subdivision,
the Minnesota Housing Finance Agency may not receive an allocation for mortgage bonds
under this section prior to the first Monday in October, but may be awarded allocations for
mortgage bonds from the unified pool on or after the first Monday in October. The Minnesota
Housing Finance Agencydeleted text begin, the Minnesota Office of Higher Education, and the Minnesota
Rural Finance Authority
deleted text end may apply for and receive an allocation under this section without
submitting an application deposit.

new text begin Subd. 2a. new text end

new text begin Application for all other types of qualified bonds. new text end

new text begin Issuers may apply for an
allocation for all types of qualified bonds other than residential rental bonds under this
section by submitting to the department an application on forms provided by the department
accompanied by (1) a preliminary resolution, (2) a statement of bond counsel that the
proposed issue of obligations requires an allocation under this chapter and the Internal
Revenue Code, (3) the type of qualified bonds to be issued, (4) an application deposit in
the amount of two percent of the requested allocation, and (5) a public purpose scoring
worksheet for manufacturing and enterprise zone applications. The issuer must pay the
application deposit to the Department of Management and Budget. An entitlement issuer
may not apply for an allocation for public facility bonds or mortgage bonds under this
section unless it has either permanently issued bonds equal to the amount of its entitlement
allocation for the current year plus any amount carried forward from previous years or
returned for reallocation all of its unused entitlement allocation. For purposes of this
subdivision, its entitlement allocation includes an amount obtained under section 474A.04,
subdivision 6
.
new text end

new text begin Notwithstanding the restrictions imposed on entitlement issuers under this subdivision,
the Minnesota Housing Finance Agency may not receive an allocation for mortgage bonds
under this section prior to the first Monday in October, but may be awarded allocations for
mortgage bonds from the unified pool on or after the first Monday in October. The Minnesota
Housing Finance Agency, the Minnesota Office of Higher Education, and the Minnesota
Rural Finance Authority may apply for and receive an allocation under this section without
submitting an application deposit.
new text end

Subd. 3.

Allocation procedure.

(a) The commissioner shall allocate available bonding
authority under this section on the Monday of every other week beginning with the first
Monday in deleted text beginAugustdeleted text endnew text begin Julynew text end through and on the last Monday in November. Applications for
allocations must be received by the department by 4:30 p.m. on the Monday preceding the
Monday on which allocations are to be made. If a Monday falls on a holiday, the allocation
will be made or the applications must be received by the next business day after the holiday.

(b) Prior to October 1, only the following applications shall be awarded allocations from
the unified pool. Allocations shall be awarded in the following order of priority:

(1) applications for residential rental project bonds;

(2) applications for small issue bonds for manufacturing projects; and

(3) applications for small issue bonds for agricultural development bond loan projects.

(c) On the first Monday in October through the last Monday in November, allocations
shall be awarded from the unified pool in the following order of priority:

(1) applications for student loan bonds issued by or on behalf of the Minnesota Office
of Higher Education;

(2) applications for mortgage bonds;

(3) applications for public facility projects funded by public facility bonds;

(4) applications for small issue bonds for manufacturing projects;

(5) applications for small issue bonds for agricultural development bond loan projects;

(6) applications for residential rental project bonds;

(7) applications for enterprise zone facility bonds;

(8) applications for governmental bonds; and

(9) applications for redevelopment bonds.

(d) If there are two or more applications for manufacturing projects from the unified
pool and there is insufficient bonding authority to provide allocations for all manufacturing
projects in any one allocation period, the available bonding authority shall be awarded based
on the number of points awarded a project under section 474A.045 with those projects
receiving the greatest number of points receiving allocation first. If two or more applications
for manufacturing projects receive an equal amount of points, available bonding authority
shall be awarded by lot unless otherwise agreed to by the respective issuers.

(e) If there are two or more applications for enterprise zone facility projects from the
unified pool and there is insufficient bonding authority to provide allocations for all enterprise
zone facility projects in any one allocation period, the available bonding authority shall be
awarded based on the number of points awarded a project under section 474A.045 with
those projects receiving the greatest number of points receiving allocation first. If two or
more applications for enterprise zone facility projects receive an equal amount of points,
available bonding authority shall be awarded by lot unless otherwise agreed to by the
respective issuers.

(f) If there are two or more applications for residential rental projects from the unified
pool and there is insufficient bonding authority to provide allocations for all residential
rental projects in any one allocation period, the available bonding authority shall be awarded
in the following order of priority: (1) deleted text beginprojects that preserve existing federally subsidized
housing; (2) projects that are not restricted to persons who are 55 years of age or older; and
(3)
deleted text endnew text begin preservation projects; (2) 30 percent AMI residential rental projects; (3) 50 percent AMI
residential rental projects; (4) 100 percent LIHTC projects; (5) 20 percent LIHTC projects;
(6)
new text end other residential rental projectsnew text begin for which the amount of bonds requested in their
respective applications do not exceed the aggregate bond limitation; and (7) other residential
rental projects for which the amount of bonds requested in their respective applications
exceeds the aggregate bond limitation and which apply on or after September 1 of a calendar
year. If there are two or more applications for residential rental projects at the same priority
level and there is insufficient bonding authority to provide allocations for all such projects
in any one allocation period, available bonding authority shall be randomly awarded by lot.
If a residential rental project is selected by lot, but the remaining bonding authority is
insufficient to provide the full amount of its requested allocation, the project shall be allocated
the remaining available unified pool bonding authority, and if the project applies for any
additional available allocation within that calendar year or applies in the next successive
housing pool or the next successive unified pool for an allocation of bonds, the project shall
be awarded the lesser of the available bonding authority or the remainder of its full allocation
before any new project applying in the same allocation period with an equal or lower priority
shall receive bonding authority. The project shall continue to receive priority over other
projects applying with an equal or lower priority during the time period specified in this
paragraph until the project has been awarded its full allocation amount
new text end.

(g) From the deleted text beginfirst Monday in Augustdeleted text endnew text begin date the unified pool is creatednew text end through the last
Monday in deleted text beginNovemberdeleted text endnew text begin Augustnew text end, $20,000,000 of bonding authority or an amount equal to the
total annual amount of bonding authority allocated to the small issue pool under section
474A.03, subdivision 1, less the amount allocated to issuers from the small issue pool for
that year, whichever is less, is reserved within the unified pool for small issue bonds to the
extent such amounts are available within the unified pool.

(h) The total amount of allocations for mortgage bonds from the housing pool and the
unified pool may not exceed:

(1) $10,000,000 for any one city; or

(2) $20,000,000 for any number of cities in any one county.

(i) The total amount of allocations for student loan bonds from the unified pool may not
exceed $25,000,000 per year.

(j) If there is insufficient bonding authority to fund all projects within any qualified bond
category other than enterprise zone facility projects, manufacturing projects, and residential
rental projects, allocations shall be awarded by lot unless otherwise agreed to by the
respective issuers.

(k) If an application is rejected, the commissioner must notify the applicant and return
the application deposit to the applicant within 30 days unless the applicant requests in writing
that the application be resubmitted.

(l) The granting of an allocation of bonding authority under this section must be evidenced
by issuance of a certificate of allocation.

Subd. 3a.

Mortgage bonds.

(a) Bonding authority remaining in the unified pool on
October 1 is available for single-family housing programs for cities that applied in Januarynew text begin
or June
new text end and received an allocation under section 474A.061, subdivision 2a, in the same
calendar year. The Minnesota Housing Finance Agency shall receive an allocation for
mortgage bonds pursuant to this section, minus any amounts for a city or consortium that
intends to issue bonds on its own behalf under paragraph (c).

(b) The agency may issue bonds on behalf of participating cities. The agency shall request
an allocation from the commissioner for all applicants who choose to have the agency issue
bonds on their behalf and the commissioner shall allocate the requested amount to the
agency. Allocations shall be awarded by the commissioner each Monday commencing on
the first Monday in October through the last Monday in November for applications received
by 4:30 p.m. on the Monday of the week preceding an allocation.

For cities who choose to have the agency issue bonds on their behalf, allocations will
be made loan by loan, on a first-come, first-served basis among the cities. The agency shall
submit an application fee pursuant to section 474A.03, subdivision 4, and an application
deposit equal to two percent of the requested allocation to the commissioner when requesting
an allocation from the unified pool. After awarding an allocation and receiving a notice of
issuance for mortgage bonds issued on behalf of the participating cities, the commissioner
shall transfer the application deposit to the Minnesota Housing Finance Agency.

For purposes of paragraphs (a) to (d), "city" means a county or a consortium of local
government units that agree through a joint powers agreement to apply together for
single-family housing programs, and has the meaning given it in section 462C.02, subdivision
6
. "Agency" means the Minnesota Housing Finance Agency.

(c) Any city that received an allocation pursuant to section 474A.061, subdivision 2a,
paragraph (f)
, in the current year that wishes to receive an additional allocation from the
unified pool and issue bonds on its own behalf or pursuant to a joint powers agreement shall
notify the Minnesota Housing Finance Agency by the third Monday in September. The total
amount of allocation for mortgage bonds for a city choosing to issue bonds on its own behalf
or through a joint powers agreement is limited to the lesser of: (i) the amount requested, or
(ii) the product of the total amount available for mortgage bonds from the unified pool,
multiplied by the ratio of the population of each city that applied in January and received
an allocation under section 474A.061, subdivision 2a, in the same calendar year, as
determined by the most recent estimate of the city's population released by the state
demographer's office to the total of the population of all the cities that applied in January
and received an allocation under section 474A.061, subdivision 2a, in the same calendar
year. If a city choosing to issue bonds on its own behalf or through a joint powers agreement
is located within a county that has also chosen to issue bonds on its own behalf or through
a joint powers agreement, the city's population will be deducted from the county's population
in calculating the amount of allocations under this paragraph.

The Minnesota Housing Finance Agency shall notify each city choosing to issue bonds
on its own behalf or pursuant to a joint powers agreement of the amount of its allocation
by October 15. Upon determining the amount of the allocation of each choosing to issue
bonds on its own behalf or through a joint powers agreement, the agency shall forward a
list specifying the amounts allotted to each city.

A city that chooses to issue bonds on its own behalf or through a joint powers agreement
may request an allocation from the commissioner by forwarding an application with an
application fee pursuant to section 474A.03, subdivision 4, and an application deposit equal
to two percent of the requested amount to the commissioner no later than 4:30 p.m. on the
Monday of the week preceding an allocation. Allocations to cities that choose to issue bonds
on their own behalf shall be awarded by the commissioner on the first Monday after October
15 through the last Monday in November. No city may receive an allocation from the
commissioner after the last Monday in November. The commissioner shall allocate the
requested amount to the city or cities subject to the limitations under this subdivision.

If a city issues mortgage bonds from an allocation received under this paragraph, the
issuer must provide for the recycling of funds into new loans. If the issuer is not able to
provide for recycling, the issuer must notify the commissioner in writing of the reason that
recycling was not possible and the reason the issuer elected not to have the Minnesota
Housing Finance Agency issue the bonds. "Recycling" means the use of money generated
from the repayment and prepayment of loans for further eligible loans or for the redemption
of bonds and the issuance of current refunding bonds.

(d) No entitlement city or county or city in an entitlement county may apply for or be
allocated authority to issue mortgage bonds or use mortgage credit certificates from the
unified pool.

(e) An allocation awarded to the agency for mortgage bonds under this section may be
carried forward by the agency subject to notice requirements under section 474A.131.

Subd. 4.

Remaining bonding authority.

All remaining bonding authority available for
allocation under this section on December 1, is allocated to the Minnesota Housing Finance
Agency.

Subd. 5.

Return of allocation; deposit refund.

(a) If an issuer that receives an allocation
under this section determines that it will not new text begin(1)new text end issue obligations equal to all or a portion
of the allocation received under this section within deleted text begin120deleted text end deleted text begindaysdeleted text end new text beginthe time period permitted by
this section or (2) carry forward its allocation under section 474A.091, subdivision 2, by
the last business day in December
new text end deleted text beginofdeleted text end deleted text beginthe allocation or within the time period permitted by
federal tax law,
deleted text enddeleted text beginwhichever is lessdeleted text end, the issuer must notify the department new text beginas soon as possible
but no later than the last business day in December
new text end. If the issuer notifies the department deleted text beginor
the 120-day period since allocation has expired
deleted text end prior to the last Monday in November, the
amount of allocation is canceled and returned for reallocation through the unified pool. If
the issuer notifies the department on or after the last Monday in November, the amount of
allocation is canceled and returned for reallocation to the Minnesota Housing Finance
Agency. To encourage a competitive application process, the commissioner shall reserve,
for new applications, the amount of allocation that is canceled and returned for reallocation
under this section for a minimum of seven calendar days.

(b) An issuer that returns for reallocation all or a portion of an allocation new text beginfor all types
of bonds other than residential rental project bonds
new text endreceived under this section within 120
days of the allocation shall receive within 30 days a refund equal to:

(1) one-half of the application deposit for the amount of bonding authority returned
within 30 days of receiving the allocation;

(2) one-fourth of the application deposit for the amount of bonding authority returned
between 31 and 60 days of receiving the allocation; and

(3) one-eighth of the application deposit for the amount of bonding authority returned
between 61 and 120 days of receiving the allocation.

deleted text begin (c)deleted text end No refund of the application deposit shall be available for allocations returned on or
after the last Monday in November.

new text begin (c) An issuer that returns for reallocation all or a portion of an allocation for residential
rental project bonds received under this section by the last Monday in November shall
receive within 30 days a refund equal to:
new text end

new text begin (1) one-half of the application deposit for the amount of bonding authority returned
within 45 days of receiving the allocation;
new text end

new text begin (2) one-fourth of the application deposit for the amount of bonding authority returned
between 46 and 90 days of receiving the allocation; and
new text end

new text begin (3) one-eighth of the application deposit for the amount of bonding authority returned
between 91 and 180 days of receiving the allocation.
new text end

new text begin No refund of the application deposit shall be available for allocations returned on or after
the last Monday in November.
new text end

Subd. 6.

Final allocation; carryforward.

Notwithstanding the notice requirements of
section 474A.131, subdivision 2, any bonding authority remaining unissued by the Minnesota
Housing Finance Agency on the last business day in December shall be carried forward
into the next calendar year by the commissioner for the Minnesota Housing Finance Agency.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, except for subdivision
3, paragraph (g), which is effective the day following final enactment.
new text end

Sec. 30.

Minnesota Statutes 2016, section 474A.131, is amended to read:


474A.131 NOTICE OF ISSUE AND NOTICE OF CARRYFORWARD.

Subdivision 1.

Notice of issue.

new text begin(a)new text end Each issuer deleted text beginthat issues bondsdeleted text end with an allocation
received under this chapter shall provide a notice of issue to the department on forms
provided by the department stating:

(1) the date of issuance of the bonds;

(2) the title of the issue;

(3) the principal amount of the bonds;

(4) the type of qualified bonds under federal tax law;

(5) the dollar amount of the bonds issued that were subject to the annual volume cap;
and

(6) for entitlement issuers new text beginand issuers of residential rental housing obligations that have
elected to carry forward an allocation
new text end, whether the allocation is from current year entitlement
authority or is from carryforward authority.

new text begin (b)new text end For obligations that are issued as a part of a series of obligations, a notice must be
provided for each series. A penalty of one-half of the amount of the application deposit not
to exceed $5,000 shall apply to any issue of obligations for which a notice of issue is not
provided to the department within five business days after issuance or before 4:30 p.m. on
the last business day in December, whichever occurs first. Within 30 days after receipt of
a notice of issue the department shall refund a portion of the application deposit equal to
one percent of the amount of the bonding authority actually issued if a one percent application
deposit was made, or equal to two percent of the amount of the bonding authority actually
issued if a two percent application deposit was made, less any penalty amount.

new text begin (c) If an issuer that receives an allocation under this chapter for a residential rental project
issues obligations as provided in this chapter, the commissioner shall refund 50 percent of
any application deposit previously paid within 30 days of the issuance of the obligations
and the remaining 50 percent will be refunded within 30 days after the date on which (1)
final Internal Revenue Service Forms 8609 are provided to the commissioner with respect
to preservation projects, 30 percent AMI residential rental projects, 50 percent AMI
residential rental projects, 100 percent LIHTC projects, or 20 percent LIHTC projects, or
(2) the issuer provides a certification and any other reasonable documentation requested by
the commissioner evidencing that construction of the project has been completed. If the
issuer receives an allocation under this chapter for a residential rental project and fails to
issue the bonds within the time permitted by federal law, the application deposit shall be
forfeited.
new text end

Subd. 1a.

Certificate of notice.

If an allocation received under this chapter is used for
mortgage credit certificates, a certificate notice must be submitted to the department on
forms provided by the department stating the date of the filing of the election not to issue
bonds as provided under section 25, paragraph (c), of the Internal Revenue Code and the
amount of allocation authority to be used under the program.

A penalty of one-half of the amount of the application deposit not to exceed $5,000 shall
apply to any mortgage credit certificate program for which a certificate notice is not provided
to the department within five days of the date of the filing of the election not to issue bonds
or before the last Monday in December, whichever occurs first. Within 30 days after receipt
of a certificate notice the department shall refund a portion of the application deposit equal
to one percent of the amount of the bonding authority to be used for the mortgage credit
certificate program, less any penalty amount.

Subd. 1b.

Deadline for issuance of qualified bonds.

If an issuer fails to notify the
department before 4:30 p.m. on the last business day in December of issuance of obligations
pursuant to an allocation received for any qualified bond projectnew text begin, election to carry forward
an allocation for a residential rental project,
new text end or issuance of an entitlement allocation, the
allocation is canceled and the bonding authority is allocated to the Minnesota Housing
Finance Agency for carryforward by the commissioner under section 474A.091, subdivision
6
.

Subd. 2.

Carryforward notice.

If an issuer intends to carry forward an allocation received
under this chapter, it must notify the department in writing before 4:30 p.m. on the last
business day in December. This notice requirement does not apply to the Minnesota Housing
Finance Agency for the carryforward of unallocated unified pool balances.

Subd. 3.

Irrevocable allocation.

The department may not revoke an allocation received
under this chapter after receiving a notice of issue or certificate notice from the issuer.

new text begin Subd. 4. new text end

new text begin Allocation plan. new text end

new text begin By January 15 of each year, the commissioner of the Minnesota
Housing Finance Agency shall annually prepare a tax-exempt bond allocation plan that
identifies the amount of tax-exempt bonds allocated to the Minnesota Housing Finance
Agency during the previous calendar year, identifies the amount of carryforward bonds and
the respective issuers pursuant to subdivision 1b, and for all other bond carryforward,
whether or not the Minnesota Housing Fiance Agency intends to carryforward such bonds
not otherwise allocated in the previous year as qualified residential rental bonds or qualified
mortgage bonds or mortgage credit certificates consistent with the requirements of Internal
Revenue Service Form 8328, identifies the carryforward balance of any tax-exempt bonds
allocated to the Minnesota Housing Finance Agency including those bonds carried forward
as qualified residential rental bonds and qualified mortgage bonds or mortgage credit
certificates. Prior to January 15 of each year, the Minnesota Housing Finance Agency must
post on its official Web site the tax-exempt bond allocation plan and invite public comment
until February 1. The Minnesota Housing Finance Agency shall not file the Internal Revenue
Service Form 8328 until the public comment period had closed on February 1 unless
otherwise required by federal law.
new text end

Sec. 31.

Minnesota Statutes 2016, section 474A.14, is amended to read:


474A.14 NOTICE OF AVAILABLE AUTHORITY.

The department shall provide at its official Web site a written notice of the amount of
bonding authority in the housing, small issue, and public facilities pools as soon after January
1 as possible. The department shall provide at its official Web site a written notice of the
amount of bonding authority available for allocation in the unified pool as soon after deleted text beginAugustdeleted text endnew text begin
July
new text end 1 as possible.

Sec. 32.

Minnesota Statutes 2016, section 474A.21, is amended to read:


474A.21 APPROPRIATION; RECEIPTS.

Any fees collected by the department under sections 474A.01 to 474A.21 must be
deposited in a separate account in the general fund. The amount necessary to refund
application deposits is appropriated to the department from the separate account in the
general fund for that purpose. The interest accruing on application deposits and any
application deposit not refunded as provided under section 474A.061, subdivision 4new text begin or
subdivision 4a
new text end
, or 474A.091, subdivision 5, or forfeited as provided under section 474A.131,
new text begin subdivision 1, paragraph (c), or new text endsubdivision 2
, must be deposited in the housing trust fund
account under section 462A.201.

Sec. 33.

Minnesota Statutes 2016, section 507.18, subdivision 2, is amended to read:


Subd. 2.

Restriction only is void.

Every provision referred to in subdivision 1 shall be
void, new text beginregardless of the year the written instrument was executed, new text endbut the instrument shall
have full force in all other respects and shall be construed as if no such provision were
contained therein.

Sec. 34.

Minnesota Statutes 2016, section 507.18, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Discharge of restrictive covenants related to protected classes. new text end

new text begin The owner
of any real property may file the statutory form provided in this section in any county where
the property is located to discharge a restrictive covenant related to a protected class
permanently from the title. This subdivision does not apply to real property registered under
chapter 508 or 508A. The discharge of the restrictive covenant is valid and enforceable
under the law of Minnesota when the statutory form, or a substantially similar form, is
properly recorded. For the purposes of this subdivision and subdivision 6, a "protected class"
means a group defined by one of the characteristics listed in section 363A.09, subdivision
1, clause (1), but does not include the exceptions provided in section 363A.21.
new text end

Sec. 35.

Minnesota Statutes 2016, section 507.18, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Filing; recording. new text end

new text begin (a) The county recorder must accept the statutory form
provided in this subdivision for recording when:
new text end

new text begin (1) the form has been executed before a notary;
new text end

new text begin (2) the form contains the legal description of the property;
new text end

new text begin (3) the form contains the name and address of the person who drafted the form; and
new text end

new text begin (4) the form complies with the standards for recorded documents in section 507.093.
new text end

new text begin (b) The commissioner of commerce must provide electronic copies of the statutory form
in this subdivision to the public free of cost.
new text end

new text begin (c) The filing of this form does not alter or affect the duration or expiration of covenants,
conditions, or restrictions under section 500.20 and may not be used to extend the effect of
a covenant.
new text end

new text begin (d) The statutory form that follows may be used to discharge restrictive covenants on
property that limit the ownership, occupancy, use, or financing based on protected class:
new text end

new text begin DISCHARGE OF RESTRICTIVE COVENANT AFFECTING PROTECTED CLASSES
new text end

new text begin Pursuant to Minnesota Statutes, section 507.18, any restrictive covenant affecting a
protected class, including covenants which were placed on the property with the intent of
restricting the use, occupancy, ownership, or financing because of a person's protected class,
is discharged and released from the land described herein.
new text end

new text begin I/we, .............................................................................................., solemnly swear that
the contents of this form are true to the best of my/our knowledge, except as to those matters
stated on information and belief, and that as to those matters I/we believe them to be true.
new text end

new text begin Name and Address of Owner(s) .............................................................................................
new text end

new text begin The real property owned by owner(s) is located in ................................. County,
Minnesota, and is legally described as follows:
new text end

new text begin OWNER(s), ...................................................................................., swears and affirms
that Owner(s) is/are 18 years of age or older and is/are not under any legal incapacity and
that the information provided in this form is true and correct based on the information
available and based on reasonable information and belief:
new text end

new text begin (1) a restrictive covenant which had the intent to restrict the use, occupancy, ownership,
or financing of this property based on a protected class existed at one time related to the
property described in this form;
new text end

new text begin (2) restrictive covenants relating to or affecting protected classes are unenforceable and
void pursuant to Minnesota Statutes, sections 507.18 and 363A.09, the United States
Constitution, and the Minnesota Constitution;
new text end

new text begin (3) Minnesota Statutes, section 507.18, allows for the discharge of a restrictive covenant
of the nature described herein through the use of this statutory form to permanently discharge
such covenants from the land described herein and release the current and future landowner(s)
from any such restrictive covenant related to or affecting protected classes;
new text end

new text begin (4) any covenant not related to protected classes but related to the real property described
herein shall have full force in all other respects; and
new text end

new text begin (5) the filing of this form does not alter or change the duration or expiration of covenants,
conditions, or restrictions under Minnesota Statutes, section 500.20.
new text end

new text begin The affiant(s) know(s) the matters herein stated are true and make(s) this affidavit for
the purpose of documenting the discharge of the illegal and unenforceable restrictive
covenants affecting protected classes.
new text end

new text begin .
new text end
new text begin Affiant (Owner(s) Signature)
new text end
new text begin Signed and sworn before me on
........................ (Date), by
new text end
new text begin . (Affiant/Owner)
new text end
new text begin .
new text end
new text begin Signature of Notary
new text end
new text begin Stamp
new text end
new text begin My commission expires .
new text end
new text begin This instrument was drafted by:
new text end
new text begin .
new text end
new text begin Name
new text end
new text begin .
new text end
new text begin Address
new text end

Sec. 36.

Laws 2014, chapter 312, article 2, section 14, as amended by Laws 2016, chapter
189, article 7, section 8, and Laws 2017, chapter 94, article 6, section 17, is amended to
read:


Sec. 14. ASSIGNED RISK TRANSFER.

(a) By June 30, 2015, if the commissioner of commerce determines on the basis of an
audit that there is an excess surplus in the assigned risk plan created under Minnesota
Statutes, section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $10,500,000, to the general fund. This transfer
occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1). This is a onetime transfer.

(b) By June 30, 2015, and each year thereafter, if the commissioner of commerce
determines on the basis of an audit that there is an excess surplus in the assigned risk plan
created under Minnesota Statutes, section 79.252, the commissioner of management and
budget shall transfer the amount of the excess surplus, not to exceed $4,820,000 each year,
to the Minnesota minerals 21st century fund under Minnesota Statutes, section 116J.423.
This transfer occurs prior to any transfer under Minnesota Statutes, section 79.251,
subdivision 1
, paragraph (a), clause (1), but after the transfers authorized in paragraphs (a)
and (f). The total amount authorized for all transfers under this paragraph must not exceed
$24,100,000. This paragraph expires the day following the transfer in which the total amount
transferred under this paragraph to the Minnesota minerals 21st century fund equals
$24,100,000.

(c) By June 30, 2015, if the commissioner of commerce determines on the basis of an
audit that there is an excess surplus in the assigned risk plan created under Minnesota
Statutes, section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $4,820,000, to the general fund. This transfer
occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1), but after any transfers authorized in paragraphs (a) and (b). If a
transfer occurs under this paragraph, the amount transferred is appropriated from the general
fund in fiscal year 2015 to the commissioner of labor and industry for the purposes of section
15. Both the transfer and appropriation under this paragraph are onetime.

(d) By June 30, 2016, if the commissioner of commerce determines on the basis of an
audit that there is an excess surplus in the assigned risk plan created under Minnesota
Statutes, section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $4,820,000, to the general fund. This transfer
occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1), but after the transfers authorized in paragraphs (a) and (b). If a
transfer occurs under this paragraph, the amount transferred is appropriated from the general
fund in fiscal year 2016 to the commissioner of labor and industry for the purposes of section
15. Both the transfer and appropriation under this paragraph are onetime.

(e) Notwithstanding Minnesota Statutes, section 16A.28, the commissioner of
management and budget shall transfer to the general fund, any unencumbered or unexpended
balance of the appropriations under paragraphs (c) and (d) remaining on June 30, 2016, or
the date the commissioner of commerce determines that an excess surplus in the assigned
risk plan does not exist, whichever occurs earlier.

(f) By June 30, deleted text begin2017deleted text endnew text begin 2018new text end, and each year thereafter, if the commissioner of commerce
determines on the basis of an audit that there is an excess surplus in the assigned risk plan
created under Minnesota Statutes, section 79.252, the commissioner of management and
budget shall transfer the amount of the excess surplus, not to exceed deleted text begin$2,000,000deleted text endnew text begin $3,000,000new text end
each year, to the deleted text beginrural policy and development center fund under Minnesota Statutes, section
116J.4221
deleted text endnew text begin Minnesota manufactured home relocation trust fund established in Minnesota
Statutes, section 462A.35, subdivision 1
new text end. This transfer occurs prior to any transfer under
paragraph (b) or under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a),
clause (1). The total amount authorized for all transfers under this paragraph must not exceed
deleted text begin $2,000,000deleted text endnew text begin $3,000,000new text end. This paragraph expires the day following the transfer in which the
total amount transferred under this paragraph to the deleted text beginrural policy and development center
fund
deleted text endnew text begin Minnesota manufactured home relocation trust fundnew text end equals deleted text begin$2,000,000deleted text endnew text begin $3,000,000new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 37. new text beginADVANCES TO THE MINNESOTA MANUFACTURED HOME
RELOCATION TRUST FUND.
new text end

new text begin (a) Until June 30, 2020, the Minnesota Housing Finance Agency or Department of
Management and Budget as determined by the commissioner of management and budget,
is authorized to advance up to $400,000 from state appropriations or other resources to the
Minnesota manufactured home relocation trust fund established under Minnesota Statutes,
section 462A.35, if the account balance in the Minnesota manufactured home relocation
trust fund is insufficient to pay the amounts claimed under Minnesota Statutes, section
327C.095, subdivision 13.
new text end

new text begin (b) The Minnesota Housing Finance Agency or Department of Management and Budget
shall be reimbursed from the Minnesota manufactured home relocation trust fund for any
money advanced by the agency under paragraph (a) to the fund. Approved claims for payment
to manufactured home owners shall be paid prior to the money being advanced by the agency
or the department to the fund.
new text end

Sec. 38. new text beginHOUSING AFFORDABILITY FUND; 2019 ALLOCATIONS.
new text end

new text begin Allocations from the Housing Finance Agency's housing affordability fund, pool 3, in
2019, may include a set-aside of ten percent for single-family home ownership development
and rental housing for up to a four-plex in municipalities with a population under 10,000,
or for manufactured housing projects. Any such set-aside shall remain until June 1, 2019,
after which any money remaining in the set-aside shall be available to all eligible projects.
new text end

Sec. 39. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 471.9996, subdivision 2, new text end new text begin is repealed.
new text end

Sec. 40. new text beginEFFECTIVE DATE.
new text end

new text begin Except as otherwise noted, sections 15 to 32 are effective January 1, 2019.
new text end

ARTICLE 28

PUBLIC SAFETY APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the column under "Appropriations" are added to the appropriations
in Laws 2017, chapter 95, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from the general fund, or another named fund, and are
available for the fiscal year indicated for each purpose.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginGUARDIAN AD LITEM BOARD
new text end

new text begin $
new text end
new text begin 0
new text end
new text begin $
new text end
new text begin 2,940,000
new text end

new text begin This appropriation is to hire additional
guardians ad litem to comply with federal and
state mandates and court orders for
representing the best interests of children in
juvenile and family court proceedings. The
appropriation in this section is available until
June 30, 2021. The general fund base for this
appropriation is $1,871,000 beginning in fiscal
year 2020.
new text end

Sec. 3. new text beginPUBLIC SAFETY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 0
new text end
new text begin $
new text end
new text begin 423,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin 0
new text end
new text begin 323,000
new text end
new text begin Driver and Vehicle
Services Fund
new text end
new text begin 0
new text end
new text begin 100,000
new text end

new text begin Subd. 2. new text end

new text begin Task Force on Missing and Murdered
Indigenous Women
new text end

new text begin $48,000 is from the general fund for the Task
Force on Missing and Murdered Indigenous
Women. The general fund base for this
appropriation shall be $45,000 in fiscal year
2020 and $0 in fiscal year 2021.
new text end

new text begin Subd. 3. new text end

new text begin Ignition Interlock
new text end

new text begin $100,000 is from the driver services operating
account under Minnesota Statutes, section
299A.705, for increased use of ignition
interlock. The base for this appropriation shall
be $125,000 beginning in fiscal year 2020.
new text end

new text begin Subd. 4. new text end

new text begin Forensic Scientists
new text end

new text begin $275,000 is from the general fund for two
Bureau of Criminal Apprehension forensic
scientists and laboratory supplies. This is an
ongoing appropriation.
new text end

Sec. 4. new text beginCORRECTIONS
new text end

new text begin $
new text end
new text begin 0
new text end
new text begin $
new text end
new text begin 6,600,000
new text end

new text begin This appropriation is to fund the offender
health care contract. $1,968,000 is added to
the base in fiscal year 2020 and $3,168,000 is
added to the base in fiscal year 2021 and
beyond.
new text end

Sec. 5. new text beginHUMAN SERVICES
new text end

new text begin $
new text end
new text begin 0
new text end
new text begin $
new text end
new text begin 12,000
new text end

new text begin This appropriation is for state costs to update
a paternity training video. This is a onetime
appropriation.
new text end

Sec. 6. new text beginTRANSFER; PEACE OFFICER TRAINING ACCOUNT DEFICIENCY.
new text end

new text begin $125,000 is transferred in fiscal year 2019 from the general fund to the peace officer
training account in the special revenue fund to pay for a projected deficiency in the peace
officer training account. This is a onetime transfer.
new text end

Sec. 7. new text beginTRANSFER; FEDERAL DISASTER, DR-4069.
new text end

new text begin The commissioner of management and budget must transfer any unexpended balance
appropriated to the Department of Public Safety for Federal Disaster DR-4069 under Laws
2012, First Special Session chapter 1, article 1, section 3, subdivision 2, as amended by
Laws 2013, First Special Session chapter 1, section 2, paragraph (a), to the disaster
contingency account in Minnesota Statutes, section 12.221, subdivision 6. This is a onetime
transfer.
new text end

ARTICLE 29

COURTS

Section 1.

Minnesota Statutes 2016, section 257.57, subdivision 1, is amended to read:


Subdivision 1.

Actions under section 257.55, subdivision 1, paragraph (a), (b), or
(c).

A child, the child's biological mother, or a man presumed to be the child's father under
section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:

(1) at any time for the purpose of declaring the existence of the father and child
relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or

(2) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action
is brought within deleted text begintwodeleted text endnew text begin threenew text end years after the person bringing the action has reason to believe
that the presumed father is not the father of the childdeleted text begin, but in no event later than three years
after the child's birth
deleted text end. However, if the presumed father was divorced from the child's mother
and if, on or before the 280th day after the judgment and decree of divorce or dissolution
became final, he did not know that the child was born during the marriage or within 280
days after the marriage was terminated, the action is not barred until deleted text beginone year after the child
reaches the age of majority or one year
deleted text endnew text begin three yearsnew text end after the presumed father knows or
reasonably should have known of the birth of the childdeleted text begin, whichever is earlierdeleted text end. After the
presumption has been rebutted, paternity of the child by another man may be determined
in the same action, if he has been made a party.

Sec. 2.

Minnesota Statutes 2016, section 257.57, subdivision 2, is amended to read:


Subd. 2.

Actions under other paragraphs of section 257.55, subdivision 1.

The child,
the mother, or personal representative of the child, the public authority chargeable by law
with the support of the child, the personal representative or a parent of the mother if the
mother has died or is a minor, a man alleged or alleging himself to be the father, or the
personal representative or a parent of the alleged father if the alleged father has died or is
a minor may bring an action:

(1) at any time for the purpose of declaring the existence of the father and child
relationship presumed under sections 257.55, subdivision 1, paragraph (d), (e), (g), or (h),
and 257.62, subdivision 5, paragraph (b)deleted text begin, or the nonexistence of the father and child
relationship presumed under section 257.55, subdivision 1, clause (d)
deleted text end;

(2) new text beginfor the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (d), only if the action is brought
within three years from when the presumed father began holding the child out as his own;
new text end

new text begin (3) new text endfor the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is
brought within deleted text beginsix monthsdeleted text endnew text begin three yearsnew text end after the person bringing the action deleted text beginobtains the results
of blood or genetic tests that indicate that the presumed father is not the father of the child
deleted text endnew text begin
has reason to believe that the presumed father is not the biological father
new text end;

deleted text begin (3)deleted text endnew text begin (4)new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.62, subdivision 5, paragraph (b), only if the action is brought
within three years after the party bringing the action, or the party's attorney of record, has
been provided deleted text beginthe blood ordeleted text end genetic test results; or

deleted text begin (4)deleted text endnew text begin (5)new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.75, subdivision 9, only if the action is brought by the minor
signatory within deleted text beginsix monthsdeleted text endnew text begin three yearsnew text end after thenew text begin youngestnew text end minor signatory reaches the age
of 18new text begin or three years after the person bringing the action has reason to believe that the father
is not the biological father of the child, whichever is later
new text end. deleted text beginIn the case of a recognition of
parentage executed by two minor signatories, the action to declare the nonexistence of the
father and child relationship must be brought within six months after the youngest signatory
reaches the age of 18.
deleted text end

Sec. 3.

Minnesota Statutes 2016, section 257.57, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Nonexistence of father-child relationship. new text end

new text begin (a) An action to declare the
nonexistence of the father-child relationship must be personally served on all parties and
meet the requirements of either subdivision 1 or 2. An action must be brought by a petition,
except that a motion may be filed in an underlying action regarding parentage, custody, or
parenting time.
new text end

new text begin (b) An action to declare the nonexistence of the father-child relationship cannot proceed
if the court finds that in a previous proceeding:
new text end

new text begin (1) the father-child relationship was contested and a court order determined the existence
of the father-child relationship; or
new text end

new text begin (2) the father-child relationship was determined based upon a court order as a result of
a stipulation or joint petition of the parties.
new text end

new text begin (c) Nothing in this subdivision precludes a party from relief under section 518.145,
subdivision 2, clauses (1) to (3), if applicable, or the Minnesota Rules of Civil Procedure.
new text end

new text begin (d) In evaluating whether or not to declare the nonexistence of the father-child
relationship, the court must consider, evaluate, and make written findings on the following
factors:
new text end

new text begin (1) the length of time between the paternity adjudication or presumption of paternity
and the time that the moving party knew or should have known that the presumed or
adjudicated father might not be the biological father;
new text end

new text begin (2) the length of time during which the presumed or adjudicated father has assumed the
role of father of the child;
new text end

new text begin (3) the facts surrounding the moving party's discovery of the presumed or adjudicated
father's possible nonpaternity;
new text end

new text begin (4) the nature of the relationship between the child and the presumed or adjudicated
father;
new text end

new text begin (5) the current age of the child;
new text end

new text begin (6) the harm or benefit that may result to the child if the court ends the father-child
relationship of the current presumed or adjudicated father;
new text end

new text begin (7) the nature of the relationship between the child and any presumed or adjudicated
father;
new text end

new text begin (8) the parties' agreement to the nonexistence of the father-child relationship and
adjudication of paternity in the same action;
new text end

new text begin (9) the extent to which the passage of time reduces the chances of establishing paternity
of another man and a child support order for that parent;
new text end

new text begin (10) the likelihood of adjudication of the biological father if not already joined in this
action; and
new text end

new text begin (11) any additional factors deemed to be relevant by the court.
new text end

new text begin (e) The burden of proof shall be on the petitioner to show by clear and convincing
evidence that, after consideration of the factors in paragraph (d), declaring the nonexistence
of the father-child relationship is in the child's best interests.
new text end

new text begin (f) The court may grant the relief in the petition or motion upon finding that:
new text end

new text begin (1) the moving party has met the requirements of this section;
new text end

new text begin (2) the genetic testing results were properly conducted in accordance with section 257.62;
new text end

new text begin (3) the presumed or adjudicated father has not adopted the child;
new text end

new text begin (4) the child was not conceived by artificial insemination that meets the requirements
under section 257.56 or that the presumed or adjudicated father voluntarily agreed to the
artificial insemination; and
new text end

new text begin (5) the presumed or adjudicated father did not act to prevent the biological father of the
child from asserting his parental rights with respect to the child.
new text end

new text begin (g) Upon granting the relief sought in the petition or motion, the court shall order the
following:
new text end

new text begin (1) the father-child relationship has ended and the presumed or adjudicated father's
parental rights and responsibilities end upon the granting of the petition;
new text end

new text begin (2) the presumed or adjudicated father's name shall be removed from the minor child's
birth record and a new birth certificate shall be issued upon the payment of any fees;
new text end

new text begin (3) the presumed or adjudicated father's obligation to pay ongoing child support shall
be terminated, effective on the first of the month after the petition or motion was served;
new text end

new text begin (4) any unpaid child support due prior to service of the petition or motion remains due
and owing absent an agreement of all parties including the public authority, or the court
determines other relief is appropriate under the Rules of Civil Procedure; and
new text end

new text begin (5) the presumed or adjudicated father has no right to reimbursement of past child support
paid to the mother, the public authority, or any other assignee of child support.
new text end

new text begin The order must include the provisions of section 257.66 if another party to the action is
adjudicated as the father of the child.
new text end

Sec. 4.

Minnesota Statutes 2016, section 257.75, subdivision 4, is amended to read:


Subd. 4.

Action to vacate recognition.

(a) An action to vacate a recognition of paternity
may be brought by the mother, father, husband or former husband who executed a joinder,
or the child. An action to vacate a recognition of parentage may be brought by the public
authority. A mother, father, or husband or former husband who executed a joinder must
bring the action within deleted text beginone year of the execution of the recognition or within six months
after the person bringing the action obtains the results of blood or genetic tests that indicate
that the man who executed the recognition is not the father of the child
deleted text endnew text begin three years after the
person bringing the action has reason to believe that the father is not the biological father
of the child
new text end. A child must bring an action to vacate within deleted text beginsix monthsdeleted text endnew text begin three yearsnew text end after the
child deleted text beginobtains the result of blood or genetic tests that indicate thatdeleted text endnew text begin has reason to believenew text end the
man who executed the recognition is not thenew text begin biologicalnew text end father of the child, or within one
year of reaching the age of majority, whichever is later. If the court finds a prima facie basis
for vacating the recognition, the court shall order the child, mother, father, and husband or
former husband who executed a joinder to submit to deleted text beginblooddeleted text endnew text begin geneticnew text end tests. If the court issues
an order for the taking of deleted text beginblooddeleted text endnew text begin geneticnew text end tests, the court shall require the party seeking to
vacate the recognition to make advance payment for the costs of the deleted text beginblooddeleted text endnew text begin geneticnew text end testsnew text begin,
unless the parties agree and the court finds that the previous genetic test results exclude the
man who executed the recognition as the biological father of the child
new text end. If the party fails to
pay for the costs of the deleted text beginblooddeleted text endnew text begin geneticnew text end tests, the court shall dismiss the action to vacate with
prejudice. The court may also order the party seeking to vacate the recognition to pay the
other party's reasonable attorney fees, costs, and disbursements. If the results of the deleted text beginblooddeleted text endnew text begin
genetic
new text end tests establish that the man who executed the recognition is not the father, the court
shall vacate the recognition. new text beginNotwithstanding the vacation of the recognition, the court may
adjudicate the man who executed the recognition under any other applicable paternity
presumption under section 257.55.
new text endIf a recognition is vacated, any joinder in the recognition
under subdivision 1a is also vacated. The court shall terminate the obligation of a party to
pay ongoing child support based on the recognition. A modification of child support based
on a recognition may be made retroactive with respect to any period during which the
moving party has pending a motion to vacate the recognition but only from the date of
service of notice of the motion on the responding party.

(b) The burden of proof in an action to vacate the recognition is on the moving party.
The moving party must request the vacation on the basis of fraud, duress, or material mistake
of fact. The legal responsibilities in existence at the time of an action to vacate, including
child support obligations, may not be suspended during the proceeding, except for good
cause shown.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018, and applies to recognition
of parentage signed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2016, section 357.021, subdivision 2b, is amended to read:


Subd. 2b.

Court technology fund.

(a) In addition to any other filing fee under this
chapter, the court administrator shall collect a $2 technology fee on filings made under
subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly to
the commissioner of management and budget for deposit in the court technology account
in the special revenue fund.

(b) A court technology account is established as a special account in the state treasury
and funds deposited in the account are appropriated to the Supreme Court for distribution
of technology funds as provided in paragraph (d). Technology funds may be used for the
following purposes: acquisition, development, support, maintenance, and upgrades to
computer systems, equipment and devices, network systems, electronic records, filings and
payment systems, interactive video teleconferencing, and online services, to be used by the
state courts and their justice partners.

(c) The Judicial Council may establish a board consisting of members from the judicial
branch, prosecutors, public defenders, corrections, and civil legal services to distribute funds
collected under paragraph (a). The Judicial Council may adopt policies and procedures for
the operation of the board, including but not limited to policies and procedures governing
membership terms, removal of members, and the filling of membership vacancies.

(d) Applications for the expenditure of technology funds shall be accepted from the
judicial branch, county and city attorney offices, the Board of Public Defense, qualified
legal services programs as defined under section 480.24, corrections agencies, and part-time
public defender offices. The applications shall be reviewed by the Judicial Council and, if
established, the board. In accordance with any recommendations from the board, the Judicial
Council shall distribute the funds available for this expenditure to selected recipients.

(e) By January 15, deleted text begin2015deleted text end new text begin2019, January 15, 2021, January 15, 2023new text end, and deleted text beginbydeleted text end January 15,
deleted text begin 2017deleted text end new text begin2024new text end, the Judicial Council shall submit a report to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
judiciary finance providing an accounting on the amounts collected and expended in the
previous biennium, including a list of fund recipients, the amounts awarded to each recipient,
and the technology purpose funded.

(f) deleted text beginThis subdivisiondeleted text endnew text begin The fee collected under paragraph (a)new text end expires June 30, deleted text begin2018deleted text end new text begin2023new text end.new text begin
This subdivision expires December 31, 2023.
new text end

Sec. 6.

Minnesota Statutes 2016, section 518.145, subdivision 2, is amended to read:


Subd. 2.

Reopening.

On motion and upon terms as are just, the court may relieve a party
from a judgment and decree, order, or proceeding under this chapter, except for provisions
dissolving the bonds of marriage, annulling the marriage, or directing that the parties are
legally separated, and may order a new trial or grant other relief as may be just for the
following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence which by due diligence could not have been discovered
in time to move for a new trial under the Rules of Civil Procedure, rule 59.03;

(3) fraud, whether denominated intrinsic or extrinsic, misrepresentation, or other
misconduct of an adverse party;

(4) the judgment and decree or order is void; or

(5) the judgment has been satisfied, released, or discharged, or a prior judgment and
decree or order upon which it is based has been reversed or otherwise vacated, or it is no
longer equitable that the judgment and decree or order should have prospective application.

The motion must be made within a reasonable time, and for a reason under clause (1),
(2), or (3), new text beginother than a motion to declare the nonexistence of the father-child relationship,
new text end not more than one year after the judgment and decree, order, or proceeding was entered or
taken.new text begin An action to declare the nonexistence of the father-child relationship must be made
within a reasonable time under clause (1), (2), or (3), and not more than three years after
the person bringing the action has reason to believe that the father is not the father of the
child.
new text end A motion under this subdivision does not affect the finality of a judgment and decree
or order or suspend its operation. This subdivision does not limit the power of a court to
entertain an independent action to relieve a party from a judgment and decree, order, or
proceeding or to grant relief to a party not actually personally notified as provided in the
Rules of Civil Procedure, or to set aside a judgment for fraud upon the court.

Sec. 7.

Minnesota Statutes 2016, section 590.11, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginDefinitiondeleted text endnew text begin Definitionsnew text end.

new text begin(a) new text endFor purposes of this section, new text beginthe following
terms have the meanings given.
new text end

new text begin (b)new text end "Exonerated" means that:

(1) a court deleted text beginof this statedeleted text end:

(i) vacated deleted text beginordeleted text endnew text begin,new text end reversednew text begin, or set asidenew text end a judgment of conviction on grounds consistent with
innocence and new text beginthere are no remaining felony charges in effect against the petitioner from
the same behavioral incident, or if there are remaining felony charges against the petitioner
from the same behavioral incident,
new text endthe prosecutor deleted text begindismissed thedeleted text endnew text begin dismisses those remaining
felony
new text end charges; or

(ii) ordered a new trial on grounds consistent with innocence and the prosecutor dismissed
deleted text begin the charges or the petitioner was found not guilty at the new trialdeleted text endnew text begin all felony charges against
the petitioner arising from the same behavioral incident or the petitioner was found not
guilty of all felony charges arising from the same behavioral incident at the new trial
new text end; deleted text beginand
deleted text end

(2) the time for appeal of the order resulting in exoneration has expired or the order has
been affirmed and is finaldeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) 60 days has passed since the judgment of conviction was reversed or vacated, and
the prosecutor has not filed any felony charges against the petitioner from the same behavioral
incident, or if the prosecutor did file felony charges against the petitioner from the same
behavioral incident, those felony charges were dismissed or the defendant was found not
guilty of those charges at the new trial.
new text end

new text begin (c) "On grounds consistent with innocence" means either:
new text end

new text begin (1) exonerated, through a pardon or sentence commutation, based on factual innocence;
or
new text end

new text begin (2) exonerated because the judgment of conviction was vacated or reversed, or a new
trial was ordered, and there is any evidence of factual innocence whether it was available
at the time of investigation or trial or is newly discovered evidence.
new text end

Sec. 8.

Minnesota Statutes 2016, section 590.11, subdivision 2, is amended to read:


Subd. 2.

Procedure.

A petition for an order declaring eligibility for compensation based
on exoneration under sections 611.362 to 611.368 must be brought before the district court
where the original conviction was obtained. The state must be represented by the office of
the prosecutor that obtained the conviction or the prosecutor's successor. Within 60 days
after the filing of the petition, the prosecutor must respond to the petition. A petition must
be brought within two years, but no less than 60 days after the petitioner is exonerated.
deleted text begin Persons released from custody after being exonerated before July 1, 2014, must commence
an action under this section within two years of July 1, 2014.
deleted text endnew text begin If, before July 1, 2018, a person
did not meet both requirements of Minnesota Statutes 2016, section 590.11, subdivision 1,
paragraph (b), clause (1), item (i), and did not file a petition or the petition was denied, that
person may commence an action meeting the requirements under section 7, subdivision 1,
paragraph (b), clause (1), item (i), on or after July 1, 2018, and before July 1, 2020.
new text end

Sec. 9.

Minnesota Statutes 2016, section 590.11, subdivision 5, is amended to read:


Subd. 5.

Elements.

(a) A claim for compensation arises if a person is eligible for
compensation under subdivision 3 and:

(1) the person was convicted of a felony and served any part of the imposed sentence
deleted text begin in prisondeleted text end;

(2) in cases where the person was convicted of multiple charges arising out of the same
behavioral incident, the person was exonerated for all of those charges;

(3) the person did not commit or induce another person to commit perjury or fabricate
evidence to cause or bring about the conviction; and

(4) the person was not serving a term of deleted text beginimprisonmentdeleted text endnew text begin incarcerationnew text end for another crime
at the same time, deleted text beginprovided thatdeleted text endnew text begin except:
new text end

new text begin (i)new text end if the person served additional time in prison due to the conviction that is the basis
of the claim, the person may make a claim for that portion of time served in prison during
which the person was serving no other sentencedeleted text begin.deleted text endnew text begin; or
new text end

new text begin (ii) if the person served additional executed sentences that had been previously stayed,
and the reason the additional stayed sentences were executed was due to the conviction that
is the basis for the claim.
new text end

(b) A claimant may make a claim only for that portion of time served in prison during
which the claimant was serving no other sentence new text beginunless the other sentence arose from the
circumstances described in paragraph (a), clause (4), item (ii)
new text end.

(c) A confession or admission later found to be false or a guilty plea to a crime the
claimant did not commit does not constitute bringing about the claimant's conviction for
purposes of paragraph (a), clause (3).

Sec. 10.

Minnesota Statutes 2016, section 590.11, subdivision 7, is amended to read:


Subd. 7.

Order.

If, after considering all the files and records admitted and any evidence
admitted at a hearing held pursuant to subdivision 4, the court determines that the petitioner
is eligible for compensation, the court shall issue an order containing its findings and, if
applicable, indicate the portion of the term of deleted text beginimprisonmentdeleted text endnew text begin incarcerationnew text end for which the
petitioner is entitled to make a claim. The court shall notify the petitioner of the right to file
a claim for compensation under sections 611.362 to 611.368 and provide the petitioner with
a copy of those sections. The petitioner must acknowledge receipt of the notice and a copy
of those sections in writing or on the record before the court.

Sec. 11.

Minnesota Statutes 2016, section 609.015, subdivision 1, is amended to read:


Subdivision 1.

Common law crimes abolished.

Common law crimes are abolished and
no act or omission is a crime unless made so by this chapter or by other applicable statutedeleted text begin,
but
deleted text endnew text begin.new text end This does not prevent the use of common law rules in the construction or interpretation
of the provisions of this chapter or other statutenew text begin except that a law reducing a sentence does
not apply to crimes committed prior to the date on which the change takes effect unless the
statute specifically states otherwise
new text end. Crimes committed prior to September 1, 1963, are not
affected thereby.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2016, section 611.365, subdivision 2, is amended to read:


Subd. 2.

Reimbursement; monetary damages; attorney fees.

(a) The claimant is
entitled to reimbursement for all restitution, assessments, fees, court costs, and other sums
paid by the claimant as required by the judgment and sentence. In addition, the claimant is
entitled to monetary damages of not less than $50,000 for each year of deleted text beginimprisonmentdeleted text endnew text begin
incarceration
new text end, and not less than $25,000 for each year served on supervised release or as a
registered predatory offender, to be prorated for partial years served. In calculatingnew text begin additionalnew text end
monetary damages, the panel shall consider:

(1) economic damages, including reasonable attorney fees, lost wages, reimbursement
for costs associated with the claimant's criminal defense;

(2) reimbursement for medical and dental expenses that the claimant already incurred
and future unpaid expenses expected to be incurred as a result of the claimant's deleted text beginimprisonmentdeleted text endnew text begin
incarceration
new text end;

(3) noneconomic damages for personal physical injuries or sickness and any nonphysical
injuries or sickness incurred as a result of deleted text beginimprisonmentdeleted text endnew text begin incarcerationnew text end;

(4) reimbursement for any tuition and fees paid for each semester successfully completed
by the claimant in an educational program or for employment skills and development training,
up to the equivalent value of a four-year degree at a public university, and reasonable
payment for future unpaid costs for education and training, not to exceed the anticipated
cost of a four-year degree at a public university;

(5) reimbursement for paid or unpaid child support payments owed by the claimant that
became due, and interest on child support arrearages that accrued, during the time served
in prison provided that there shall be no reimbursement for any child support payments
already owed before the claimant's incarceration; and

(6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for
immediate services secured by the claimant upon exoneration and release, including housing,
transportation and subsistence, reintegrative services, and medical and dental health care
costs.

(b) The panel shall award the claimant reasonable attorney fees incurred in bringing a
claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for
compensation based on exoneration under chapter 590.

Sec. 13.

Minnesota Statutes 2016, section 611.365, subdivision 3, is amended to read:


Subd. 3.

Limits on damages.

There is no limit on the aggregate amount of damages
that may be awarded under this section. Damages that may be awarded under subdivision
2, paragraph (a), clauses (1) and (4) to (6), are limited to $100,000 per year of deleted text beginimprisonmentdeleted text endnew text begin
incarceration
new text end and $50,000 per year served on supervised release or as a registered predatory
offender.

Sec. 14.

Minnesota Statutes 2016, section 611.367, is amended to read:


611.367 COMPENSATING EXONERATED PERSONS; APPROPRIATIONS
PROCESS.

The compensation panel established in section 611.363 shall forward an award of damages
under section 611.365 to the commissioner of management and budget. The commissioner
shall submit the amount of the award to the legislature for consideration as an appropriationdeleted text begin
during the next session of the legislature
deleted text end.

Sec. 15.

Minnesota Statutes 2016, section 611.368, is amended to read:


611.368 SHORT TITLE.

Sections 611.362 to 611.368 shall be cited as the "deleted text beginImprisonmentdeleted text endnew text begin Incarcerationnew text end and
Exoneration Remedies Act."

Sec. 16.

Minnesota Statutes 2016, section 626A.08, subdivision 2, is amended to read:


Subd. 2.

Application and orders.

new text begin(a) new text endApplications made and warrants issued under this
chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever
the judge directs. Such applications and orders shall be disclosed only upon a showing of
good cause before a judge of the district court and shall not be destroyed except on order
of the issuing or denying judge, and in any event shall be kept for ten years.

new text begin (b) Notwithstanding paragraph (a), the filing, sealing, and reporting requirements for
applications made and warrants issued under this chapter that involve location information
of electronic devices, as defined in section 626A.42, are governed by section 626A.42,
subdivision 4. However, applications and warrants, or portions of applications and warrants,
that do not involve location information of electronic devices continue to be governed by
paragraph (a).
new text end

Sec. 17.

Minnesota Statutes 2016, section 626A.37, subdivision 4, is amended to read:


Subd. 4.

Nondisclosure of existence of pen register, trap and trace device, or mobile
tracking device.

new text begin(a) new text endAn order authorizing or approving the installation and use of a pen
register, trap and trace device, or a mobile tracking device must direct that:

(1) the order be sealed until otherwise ordered by the court; and

(2) the person owning or leasing the line to which the pen register or a trap and trace
device is attached, or who has been ordered by the court to provide assistance to the applicant,
not disclose the existence of the pen register, trap and trace device, mobile tracking device,
or the existence of the investigation to the listed subscriber, or to any other person, unless
or until otherwise ordered by the court.

new text begin (b) Paragraph (a) does not apply to an order that involves location information of
electronic devices, as defined in section 626A.42. Instead, the filing, sealing, and reporting
requirements for those orders are governed by section 626A.42, subdivision 4. However,
any portion of an order that does not involve location information of electronic devices
continues to be governed by paragraph (a).
new text end

ARTICLE 30

PUBLIC SAFETY, CORRECTIONS, AND GENERAL CRIME

Section 1.

Minnesota Statutes 2016, section 171.24, is amended to read:


171.24 VIOLATIONS; DRIVING WITHOUT VALID LICENSE.

Subdivision 1.

Driving after suspension; misdemeanor.

Except as otherwise provided
in subdivision 5, a person is guilty of a misdemeanor if:

(1) the person's driver's license or driving privilege has been suspended;

(2) the person has been given notice of or reasonably should know of the suspension;
and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
suspended.

Subd. 2.

Driving after revocation; misdemeanor.

new text beginExcept as otherwise provided in
subdivision 5,
new text enda person is guilty of a misdemeanor if:

(1) the person's driver's license or driving privilege has been revoked;

(2) the person has been given notice of or reasonably should know of the revocation;
and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
revoked.

Subd. 3.

Driving after cancellation; misdemeanor.

new text beginExcept as otherwise provided in
subdivision 5,
new text enda person is guilty of a misdemeanor if:

(1) the person's driver's license or driving privilege has been canceled;

(2) the person has been given notice of or reasonably should know of the cancellation;
and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
canceled.

Subd. 4.

Driving after disqualification; misdemeanor.

new text beginExcept as otherwise provided
in subdivision 5,
new text enda person is guilty of a misdemeanor if the person:

(1) has been disqualified from holding a commercial driver's license or been denied the
privilege to operate a commercial motor vehicle;

(2) has been given notice of or reasonably should know of the disqualification; and

(3) disobeys the order by operating in this state a commercial motor vehicle while the
person is disqualified to hold the license or privilege.

Subd. 5.

Gross misdemeanornew text begin violationsnew text end.

new text begin(a) new text endA person is guilty of a gross misdemeanor
if:

(1) the person's driver's license or driving privilege has been canceled or denied under
section 171.04, subdivision 1, clause (10);

(2) the person has been given notice of or reasonably should know of the cancellation
or denial; and

(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
canceled or denied.

new text begin (b) A person is guilty of a gross misdemeanor if the person:
new text end

new text begin (1) violates this section;
new text end

new text begin (i) and causes a collision resulting in substantial bodily harm, as defined in section
609.02, subdivision 7a, or death to another; or
new text end

new text begin (ii) within ten years of the first of two prior convictions under this section; and
new text end

new text begin (2) at the time of the violation the person's driver's license or driving privilege has been
suspended, revoked, or canceled, or the person has been disqualified from holding a
commercial driver's license or been denied the privilege to operate a commercial motor
vehicle, pursuant to:
new text end

new text begin (i) section 169.89, subdivision 5; 169A.52; 169A.54; 171.05, subdivision 2b, paragraph
(d); 171.13, subdivision 3 or 4; 171.17, subdivision 1, clause (1) or (10); 171.177; 171.18,
subdivision 1, clause (2), (3), (4), (5), or (11); 171.32; or 260B.225, subdivision 9; or a
violation of section 169.13; 169.21; 169.444; 609.19, subdivision 1, clause (2); or 609.487,
subdivisions 3 to 5; or any violation of chapter 169A; or
new text end

new text begin (ii) a law from another state similar to those described in item (i).
new text end

Subd. 6.

Responsibility for prosecution.

new text begin(a) new text endThe attorney in the jurisdiction in which
the violation occurred who is responsible for prosecution of misdemeanor violations of this
section is also responsible for prosecution of gross misdemeanor violations of this section.

new text begin (b) Nothing in this section or section 609.035 or 609.04 shall limit the power of the state
to prosecute or punish a person for conduct that constitutes any other crime under any other
law of this state.
new text end

Subd. 7.

Sufficiency of notice.

(a) Notice of revocation, suspension, cancellation, or
disqualification is sufficient if personally served, or if mailed by first class mail to the
person's last known address or to the address listed on the person's driver's license. Notice
is also sufficient if the person was informed that revocation, suspension, cancellation, or
disqualification would be imposed upon a condition occurring or failing to occur, and where
the condition has in fact occurred or failed to occur.

(b) It is not a defense that a person failed to file a change of address with the post office,
or failed to notify the Department of Public Safety of a change of name or address as required
under section 171.11.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 2, is amended
to read:


Subd. 2.

Cancellation for disqualifying and other offenses.

Within ten days of receiving
notice under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident
driver, that a school bus driver has been convicted ofnew text begin, or received a stay of adjudication for,new text end
a disqualifying offense, the commissioner shall permanently cancel the school bus driver's
endorsement on the offender's driver's license and in the case of a nonresident, the driver's
privilege to operate a school bus in Minnesota. A school bus driver whose endorsement or
privilege to operate a school bus in Minnesota has been permanently canceled may not
apply for reinstatement. Within ten days of receiving notice under section 631.40, subdivision
1a
, or otherwise receiving notice for a nonresident driver, that a school bus driver has been
convicted of a violation of section 169A.20, or a similar statute or ordinance from another
state, and within ten days of revoking a school bus driver's license under section 169A.52
or 171.177, the commissioner shall cancel the school bus driver's endorsement on the
offender's driver's license or the nonresident's privilege to operate a school bus in Minnesota
for five years. After five years, a school bus driver may apply to the commissioner for
reinstatement. Even after five years, cancellation of a school bus driver's endorsement or a
nonresident's privilege to operate a school bus in Minnesota for a violation under section
169A.20, sections 169A.50 to 169A.53, section 171.177, or a similar statute or ordinance
from another state, shall remain in effect until the driver provides proof of successful
completion of an alcohol or controlled substance treatment program. For a first offense,
proof of completion is required only if treatment was ordered as part of a chemical use
assessment. Within ten days of receiving notice under section 631.40, subdivision 1a, or
otherwise receiving notice for a nonresident driver, that a school bus driver has been
convicted of a fourth moving violation in the last three years, the commissioner shall cancel
the school bus driver's endorsement on the offender's driver's license or the nonresident's
privilege to operate a school bus in Minnesota until one year has elapsed since the last
conviction. A school bus driver who has no new convictions after one year may apply for
reinstatement. Upon canceling the offender's school bus driver's endorsement, the
commissioner shall immediately notify the licensed offender of the cancellation in writing,
by depositing in the United States post office a notice addressed to the licensed offender at
the licensed offender's last known address, with postage prepaid thereon.

Sec. 3.

Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 3, is amended
to read:


Subd. 3.

Background check.

Before issuing or renewing a driver's license with a school
bus driver's endorsement, the commissioner shall conduct an investigation to determine if
the applicant has been convicted ofnew text begin, or received a stay of adjudication for,new text end committing a
disqualifying offense, four moving violations in the previous three years, a violation of
section 169A.20 or a similar statute or ordinance from another state, a gross misdemeanor,
or if the applicant's driver's license has been revoked under section 169A.52 or 171.177.
The commissioner shall not issue a new bus driver's endorsement and shall not renew an
existing bus driver's endorsement if the applicant has been convicted of committing a
disqualifying offense. The commissioner shall not issue a new bus driver's endorsement
and shall not renew an existing bus driver's endorsement if, within the previous five years,
the applicant has been convicted of committing a violation of section 169A.20, or a similar
statute or ordinance from another state, a gross misdemeanor, or if the applicant's driver's
license has been revoked under section 169A.52 or 171.177, or if, within the previous three
years, the applicant has been convicted of four moving violations. An applicant who has
been convicted of violating section 169A.20, or a similar statute or ordinance from another
state, or who has had a license revocation under section 169A.52 or 171.177 within the
previous ten years must show proof of successful completion of an alcohol or controlled
substance treatment program in order to receive a bus driver's endorsement. For a first
offense, proof of completion is required only if treatment was ordered as part of a chemical
use assessment. A school district or contractor that employs a nonresident school bus driver
must conduct a background check of the employee's driving record and criminal history in
both Minnesota and the driver's state of residence. Convictions for disqualifying offenses,
gross misdemeanors, a fourth moving violation within the previous three years, or violations
of section 169A.20, or a similar statute or ordinance in another state, must be reported to
the Department of Public Safety.

Sec. 4.

Minnesota Statutes 2016, section 242.192, is amended to read:


242.192 CHARGES TO COUNTIES.

The commissioner shall charge counties or other appropriate jurisdictions 65 percent of
the per diem cost of confinement, excluding educational costs and nonbillable service, of
juveniles at the Minnesota Correctional Facility-Red Wing and of juvenile females committed
to the commissioner of corrections. This charge applies to juveniles committed to the
commissioner of corrections and juveniles admitted to the Minnesota Correctional
Facility-Red Wing under established admissions criteria. This charge applies to both counties
that participate in the Community Corrections Act and those that do not. The commissioner
shall determine the per diem cost of confinement based on projected population, pricing
incentives, new text beginand new text endmarket conditionsdeleted text begin, and the requirement that expense and revenue balance
out over a period of two years
deleted text end. All money received under this section must be deposited in
the state treasury and credited to the general fund.

Sec. 5.

Minnesota Statutes 2016, section 299A.707, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Annual transfer. new text end

new text begin In fiscal year 2018 and each year thereafter, the commissioner
of management and budget shall transfer $461,000 from the general fund to the community
justice reinvestment account.
new text end

Sec. 6.

Minnesota Statutes 2016, section 626.8452, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Prohibition on disarming local law enforcement officers. new text end

new text begin Unless expressly
authorized under another section of law, a mayor, city council, county board, or chief law
enforcement officer may not disarm a peace officer who is in good standing and not currently
under investigation or subject to disciplinary action.
new text end

Sec. 7.

Minnesota Statutes 2016, section 631.40, subdivision 1a, is amended to read:


Subd. 1a.

Certified copy of disqualifying offense convictions sent to public safety
and school districts.

When a person is convicted ofnew text begin, or receives a stay of adjudication for, new text end
committing a disqualifying offense, as defined in section 171.3215, subdivision 1, a gross
misdemeanor, a fourth moving violation within the previous three years, or a violation of
section 169A.20, or a similar statute or ordinance from another state, the court shall determine
whether the offender is a school bus driver as defined in section 171.3215, subdivision 1,
whether the offender possesses a school bus driver's endorsement on the offender's driver's
license and in what school districts the offender drives a school bus. If the offender is a
school bus driver or possesses a school bus driver's endorsement, the court administrator
shall send a certified copy of the conviction new text beginor stay of adjudication new text endto the Department of
Public Safety and to the school districts in which the offender drives a school bus within
ten days after the convictionnew text begin or stay of adjudicationnew text end.

Sec. 8. new text beginTASK FORCE ON MISSING AND MURDERED INDIGENOUS WOMEN.
new text end

new text begin Subdivision 1. new text end

new text begin Creation and duties. new text end

new text begin (a) By September 1, 2018, the commissioner, in
consultation with the Minnesota Indian Affairs Council, shall appoint members to the Task
Force on Missing and Murdered Indigenous Women to advise the commissioner and report
to the legislature on recommendations to reduce and end violence against indigenous women
and girls in Minnesota. The task force shall also serve as a liaison between the commissioner
and agencies and nongovernmental organizations that provide services to victims, victims'
families, and victims' communities. Task force members may receive expense reimbursement
as specified in Minnesota Statutes, section 15.059, subdivision 6.
new text end

new text begin (b) The Task Force on Missing and Murdered Indigenous Women must examine and
report on the following:
new text end

new text begin (1) the systemic causes behind violence that indigenous women and girls experience,
including patterns and underlying factors that explain why disproportionately high levels
of violence occur against indigenous women and girls, including underlying historical,
social, economic, institutional, and cultural factors which may contribute to the violence;
new text end

new text begin (2) appropriate methods for tracking and collecting data on violence against indigenous
women and girls, including data on missing and murdered indigenous women and girls;
new text end

new text begin (3) policies and institutions such as policing, child welfare, coroner practices, and other
governmental practices that impact violence against indigenous women and girls and the
investigation and prosecution of crimes of gender violence against indigenous people;
new text end

new text begin (4) measures necessary to address and reduce violence against indigenous women and
girls; and
new text end

new text begin (5) measures to help victims, victims' families, and victims' communities prevent and
heal from violence that occurs against indigenous women and girls.
new text end

new text begin (c) For the purposes of this section, "commissioner" means the commissioner of public
safety and "nongovernmental organizations" means nonprofit, nongovernmental organizations
that provide legal, social, or other community services.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) To the extent practicable, the Task Force on Missing and
Murdered Indigenous Women shall consist of the following individuals, or their designees,
who are knowledgeable in crime victims' rights or violence protection and, unless otherwise
specified, members shall be appointed by the commissioner:
new text end

new text begin (1) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end

new text begin (2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (3) two representatives from among the following:
new text end

new text begin (i) the Minnesota Chiefs of Police Association;
new text end

new text begin (ii) the Minnesota Sheriffs' Association;
new text end

new text begin (iii) the Bureau of Criminal Apprehension;
new text end

new text begin (iv) the Minnesota Police and Peace Officers Association; or
new text end

new text begin (v) a peace officer who works for and resides on a federally recognized American Indian
reservation in Minnesota;
new text end

new text begin (4) a representative from among the following:
new text end

new text begin (i) the Minnesota County Attorneys Association;
new text end

new text begin (ii) the United States Attorney's Office; or
new text end

new text begin (iii) a judge or attorney working in juvenile court;
new text end

new text begin (5) a county coroner or a representative from a statewide coroner's association or a
representative of the Department of Health;
new text end

new text begin (6) two representatives for tribal governments, with a focus on individuals who work
with victims of violence or their families; and
new text end

new text begin (7) four representatives from among the following:
new text end

new text begin (i) a tribal, statewide, or local organization that provides legal services to indigenous
women and girls;
new text end

new text begin (ii) a tribal, statewide, or local organization that provides advocacy or counseling for
indigenous women and girls who have been victims of violence;
new text end

new text begin (iii) a tribal, statewide, or local organization that provides services to indigenous women
and girls;
new text end

new text begin (iv) a representative from the Minnesota Indian Women's Sexual Assault Coalition;
new text end

new text begin (v) a representative from Mending the Sacred Hoop;
new text end

new text begin (vi) a representative from an Indian health organization or agency; or
new text end

new text begin (vii) an indigenous woman who is a survivor of gender violence.
new text end

new text begin (b) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the commissioner consistent with the
qualifications of the vacating member required by this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall be chaired by one of the task force's
legislative members. The legislative members shall annually elect a chair and vice-chair
from among the task force's legislative members, and may elect other officers as necessary.
The task force shall meet at least quarterly, or upon the call of its chair. The task force shall
meet sufficiently enough to accomplish the tasks identified in this section. Meetings of the
task force are subject to Minnesota Statutes, chapter 13D. The task force shall seek out and
enlist the cooperation and assistance of nongovernmental organizations, community and
advocacy organizations working with the American Indian community, and academic
researchers and experts, specifically those specializing in violence against indigenous women
and girls, representing diverse communities disproportionately affected by violence against
women and girls, or focusing on issues related to gender violence and violence against
indigenous women and girls.
new text end

new text begin (b) The commissioner shall convene the first meeting of the task force no later than
October 1, 2018, and shall provide meeting space and administrative assistance as necessary
for the task force to conduct its work.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The task force shall report to the chairs and ranking minority members
of the legislative committees with jurisdiction over public safety, human services, and state
government on the work of the task force, including but not limited to the issues to be
examined in subdivision 1, and shall include in the report institutional policies and practices
or proposed institutional policies and practices that are effective in reducing gender violence
and increasing the safety of indigenous women and girls. The report shall include
recommendations to reduce and end violence against indigenous women and girls and help
victims and communities heal from gender violence and violence against indigenous women
and girls. The report shall be submitted to the legislative committees by June 30, 2020.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin Notwithstanding Minnesota Statutes, section 15.059, the task force
expires June 30, 2020.
new text end

Sec. 9. new text beginSUPERSEDING AMENDMENT.
new text end

new text begin The amendment to Minnesota Statutes, section 631.40, subdivision 1a, in section 7
supersedes any other amendment to Minnesota Statutes, section 631.40, subdivision 1a,
enacted in this act.
new text end

Sec. 10. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall make necessary cross-reference changes in Minnesota
Statutes and Minnesota Rules resulting from the amendments to Minnesota Statutes, sections
609.2112, subdivision 1, and 609.2114, subdivision 1, in Laws 2016, chapter 109.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 401.13, new text end new text begin is repealed.
new text end

ARTICLE 31

SEX OFFENDERS

Section 1.

Minnesota Statutes 2016, section 260.012, is amended to read:


260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
services, by the social services agency are made to prevent placement or to eliminate the
need for removal and to reunite the child with the child's family at the earliest possible time,
and the court must ensure that the responsible social services agency makes reasonable
efforts to finalize an alternative permanent plan for the child as provided in paragraph (e).
In determining reasonable efforts to be made with respect to a child and in making those
reasonable efforts, the child's best interests, health, and safety must be of paramount concern.
Reasonable efforts to prevent placement and for rehabilitation and reunification are always
required except upon a determination by the court that a petition has been filed stating a
prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14
;

(2) the parental rights of the parent to another child have been terminated involuntarily;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);

(4) the parent's custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d),
clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
against the child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable under the circumstances.

(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section 260C.505, or a termination of parental rights
petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under
sections 260C.503 to 260C.521 must be held within 30 days of this determination.

(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178,
260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court
must make findings and conclusions consistent with the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In
cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901, the responsible social services agency must provide active efforts as required under
United States Code, title 25, section 1911(d).

(d) "Reasonable efforts to prevent placement" means:

(1) the agency has made reasonable efforts to prevent the placement of the child in foster
care by working with the family to develop and implement a safety plan; or

(2) given the particular circumstances of the child and family at the time of the child's
removal, there are no services or efforts available which could allow the child to safely
remain in the home.

(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence
by the responsible social services agency to:

(1) reunify the child with the parent or guardian from whom the child was removed;

(2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
where appropriate, provide services necessary to enable the noncustodial parent to safely
provide the care, as required by section 260C.219;

(3) conduct a relative search to identify and provide notice to adult relatives as required
under section 260C.221;

(4) place siblings removed from their home in the same home for foster care or adoption,
or transfer permanent legal and physical custody to a relative. Visitation between siblings
who are not in the same foster care, adoption, or custodial placement or facility shall be
consistent with section 260C.212, subdivision 2; and

(5) when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the child,
and considers permanent alternative homes for the child inside or outside of the state,
preferably through adoption or transfer of permanent legal and physical custody of the child.

(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the needs
of the child and the child's family. Services may include those provided by the responsible
social services agency and other culturally appropriate services available in the community.
At each stage of the proceedings where the court is required to review the appropriateness
of the responsible social services agency's reasonable efforts as described in paragraphs (a),
(d), and (e), the social services agency has the burden of demonstrating that:

(1) it has made reasonable efforts to prevent placement of the child in foster care;

(2) it has made reasonable efforts to eliminate the need for removal of the child from
the child's home and to reunify the child with the child's family at the earliest possible time;

(3) it has made reasonable efforts to finalize an alternative permanent home for the child,
and considers permanent alternative homes for the child inside or outside of the state; or

(4) reasonable efforts to prevent placement and to reunify the child with the parent or
guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
efforts to reunify the parent and child, or through testimony or a certified report required
under juvenile court rules.

(g) Once the court determines that reasonable efforts for reunification are not required
because the court has made one of the prima facie determinations under paragraph (a), the
court may only require reasonable efforts for reunification after a hearing according to
section 260C.163, where the court finds there is not clear and convincing evidence of the
facts upon which the court based its prima facie determination. In this case when there is
clear and convincing evidence that the child is in need of protection or services, the court
may find the child in need of protection or services and order any of the dispositions available
under section 260C.201, subdivision 1. Reunification of a child with a parent is not required
if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185
to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;

(4) committing new text beginan offense that constitutesnew text end sexual abuse as defined in section 626.556,
subdivision 2
, against the child or another child of the parent; or

(5) an offense that requires registration as a predatory offender under section 243.166,
subdivision 1b
, paragraph (a) or (b).

new text begin Reunification is also not required when a parent receives a stay of adjudication pursuant to
section 609.095, paragraph (b), for an offense that constitutes sexual abuse under clause
(4).
new text end

(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201,
260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and
conclusions as to the provision of reasonable efforts. When determining whether reasonable
efforts have been made, the court shall consider whether services to the child and family
were:

(1) relevant to the safety and protection of the child;

(2) adequate to meet the needs of the child and family;

(3) culturally appropriate;

(4) available and accessible;

(5) consistent and timely; and

(6) realistic under the circumstances.

In the alternative, the court may determine that provision of services or further services
for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances
or that reasonable efforts are not required as provided in paragraph (a).

(i) This section does not prevent out-of-home placement for treatment of a child with a
mental disability when it is determined to be medically necessary as a result of the child's
diagnostic assessment or individual treatment plan indicates that appropriate and necessary
treatment cannot be effectively provided outside of a residential or inpatient treatment
program and the level or intensity of supervision and treatment cannot be effectively and
safely provided in the child's home or community and it is determined that a residential
treatment setting is the least restrictive setting that is appropriate to the needs of the child.

(j) If continuation of reasonable efforts to prevent placement or reunify the child with
the parent or guardian from whom the child was removed is determined by the court to be
inconsistent with the permanent plan for the child or upon the court making one of the prima
facie determinations under paragraph (a), reasonable efforts must be made to place the child
in a timely manner in a safe and permanent home and to complete whatever steps are
necessary to legally finalize the permanent placement of the child.

(k) Reasonable efforts to place a child for adoption or in another permanent placement
may be made concurrently with reasonable efforts to prevent placement or to reunify the
child with the parent or guardian from whom the child was removed. When the responsible
social services agency decides to concurrently make reasonable efforts for both reunification
and permanent placement away from the parent under paragraph (a), the agency shall disclose
its decision and both plans for concurrent reasonable efforts to all parties and the court.
When the agency discloses its decision to proceed on both plans for reunification and
permanent placement away from the parent, the court's review of the agency's reasonable
efforts shall include the agency's efforts under both plans.

Sec. 2.

Minnesota Statutes 2016, section 609.095, is amended to read:


609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence or
punishment shall be imposed for the commission of a crime than is authorized by this chapter
or other applicable law.

(b) Except as provided in section 152.18 or 609.375, or upon agreement of the parties,
a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty plea in
accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been found
guilty by a court or jury following a trial.new text begin A decision by the court to issue a stay of
adjudication under this paragraph for a charge of violating section 243.166, 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 609.3453, must be justified in writing and
on the record.
new text end

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 609.341, subdivision 10, is amended to read:


Subd. 10.

new text beginCurrent or recent new text endposition of authority.

"new text beginCurrent or recent new text endposition of
authority" includes but is not limited to any person who is a parent or acting in the place of
a parent and charged withnew text begin or assumesnew text end any of a parent's rights, duties or responsibilities to
a child, or a person who is charged withnew text begin or assumesnew text end any duty or responsibility for the health,
welfare, or supervision of a child, either independently or through another, no matter how
brief, at the time ofnew text begin or within 120 days immediately precedingnew text end the act. For the purposes of
subdivision 11, "position of authority" includes a psychotherapist.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2016, section 609.342, subdivision 1, is amended to read:


Subdivision 1.

Crime defined.

A person who engages in sexual penetration with another
person, or in sexual contact with a person under 13 years of age as defined in section 609.341,
subdivision 11
, paragraph (c), is guilty of criminal sexual conduct in the first degree if any
of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(b) the complainant is at least 13 years of age but less than 16 years of age and the actor
is more than 48 months older than the complainant and in anew text begin current or recentnew text end position of
authority over the complainant. Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;

(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;

(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;

(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:

(i) the actor uses force or coercion to accomplish sexual penetration; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(f) the actor is aided or abetted by one or more accomplices within the meaning of section
609.05, and either of the following circumstances exists:

(i) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual penetration. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense; or

(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2016, section 609.343, subdivision 1, is amended to read:


Subdivision 1.

Crime defined.

A person who engages in sexual contact with another
person is guilty of criminal sexual conduct in the second degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this clause, the state is not required to
prove that the sexual contact was coerced;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant and in anew text begin current or recentnew text end position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;

(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the dangerous weapon to cause the complainant to submit;

(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:

(i) the actor uses force or coercion to accomplish the sexual contact; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(f) the actor is aided or abetted by one or more accomplices within the meaning of section
609.05, and either of the following circumstances exists:

(i) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense; or

(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2016, section 609.344, subdivision 1, is amended to read:


Subdivision 1.

Crime defined.

A person who engages in sexual penetration with another
person is guilty of criminal sexual conduct in the third degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
24 months older than the complainant. In any such case if the actor is no more than 120
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. Consent by the complainant is not a defense;

(c) the actor uses force or coercion to accomplish the penetration;

(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
48 months older than the complainant and in anew text begin current or recentnew text end position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;

(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual penetration occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists.

Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;

(k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;

(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:

(i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the actor
in private; or

(ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;

(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;

(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant. Consent
by the complainant is not a defense; deleted text beginor
deleted text end

(o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those services
for the complainantnew text begin; or
new text end

new text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense. This paragraph
does not apply to any penetration of the mouth, genitals, or anus during a lawful search
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2016, section 609.345, subdivision 1, is amended to read:


Subdivision 1.

Crime defined.

A person who engages in sexual contact with another
person is guilty of criminal sexual conduct in the fourth degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant or in anew text begin current or recentnew text end position of authority over
the complainant. Consent by the complainant to the act is not a defense. In any such case,
if the actor is no more than 120 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense;

(c) the actor uses force or coercion to accomplish the sexual contact;

(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
48 months older than the complainant and in anew text begin current or recentnew text end position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to
the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;

(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual contact occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual contact occurred by means of therapeutic deception. Consent by the complainant
is not a defense;

(k) the actor accomplishes the sexual contact by means of deception or false representation
that the contact is for a bona fide medical purpose. Consent by the complainant is not a
defense;

(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:

(i) the sexual contact occurred during the course of a meeting in which the complainant
sought or received religious or spiritual advice, aid, or comfort from the actor in private; or

(ii) the sexual contact occurred during a period of time in which the complainant was
meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;

(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;

(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, deleted text beginthe complainant is not
married to the actor,
deleted text end and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense; deleted text beginor
deleted text end

(o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual contact occurred during or immediately
before or after the actor performed or was hired to perform one of those services for the
complainantnew text begin; or
new text end

new text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2016, section 609.3451, subdivision 1, is amended to read:


Subdivision 1.

Crime defined.

A person is guilty of criminal sexual conduct in the fifth
degree:

(1) if the person engages in nonconsensual sexual contact; or

(2) the person engages in masturbation or lewd exhibition of the genitals in the presence
of a minor under the age of 16, knowing or having reason to know the minor is present.

For purposes of this section, "sexual contact" has the meaning given in section 609.341,
subdivision 11
, paragraph (a), clauses (i), (iv), and (v)deleted text begin, but does not include the intentional
touching of the clothing covering the immediate area of the buttocks
deleted text end. Sexual contact also
includes the intentional removal or attempted removal of clothing covering the complainant's
intimate parts or undergarments, and the nonconsensual touching by the complainant of the
actor's intimate parts, effected by the actor, if the action is performed with sexual or
aggressive intent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2016, section 609.746, subdivision 1, is amended to read:


Subdivision 1.

Surreptitious intrusion; observation device.

(a) A person is guilty of
a gross misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house
or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.

(b) A person is guilty of a gross misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or any other aperture of
a house or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.

(c) A person is guilty of a gross misdemeanor who:

(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping
room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy and has exposed or is
likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the
clothing covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

(d) A person is guilty of a gross misdemeanor who:

(1) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or
other place where a reasonable person would have an expectation of privacy and has exposed
or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or
the clothing covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

(e) A person is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $5,000, or both, if the person:

(1) violates this subdivision after a previous conviction under this subdivision or section
609.749; or

(2) violates this subdivision against a minor under the age of 18, knowing or having
reason to know that the minor is present.

(f) new text beginA person is guilty of a felony and may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person
violates paragraph (b) or (d) against a minor victim under the age of 18; (2) the person is
more than 36 months older than the minor victim; (3) the person knows or has reason to
know that the minor victim is present; and (4) the violation is committed with sexual intent.
new text end

new text begin (g) new text endParagraphs (b) and (d) do not apply to law enforcement officers or corrections
investigators, or to those acting under their direction, while engaged in the performance of
their lawful duties. Paragraphs (c) and (d) do not apply to conduct in: (1) a medical facility;
or (2) a commercial establishment if the owner of the establishment has posted conspicuous
signs warning that the premises are under surveillance by the owner or the owner's employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2016, section 617.246, subdivision 2, is amended to read:


Subd. 2.

Use of minor.

new text begin(a) new text endIt is unlawful for a person to promote, employ, use or permit
a minor to engage in or assist others to engage minors in posing or modeling alone or with
others in any sexual performance or pornographic work if the person knows or has reason
to know that the conduct intended is a sexual performance or a pornographic work.

Any person who violates this deleted text beginsubdivisiondeleted text end new text beginparagraph new text endis guilty of a felony and may be
sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000 deleted text beginfor the first offense and $40,000 for a second or subsequent offensedeleted text end, or both.

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a minor under the age of 13 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2016, section 617.246, subdivision 3, is amended to read:


Subd. 3.

Operation or ownership of business.

new text begin(a) new text endA person who owns or operates a
business in which a pornographic work, as defined in this section, is disseminated to an
adult or a minor or is reproduced, and who knows the content and character of the
pornographic work disseminated or reproduced, is guilty of a felony and may be sentenced
to imprisonment for not more than ten years, or to payment of a fine of not more than
$20,000 deleted text beginfor the first offense and $40,000 for a second or subsequent offensedeleted text end, or both.

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a minor under the age of 13 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2016, section 617.246, subdivision 4, is amended to read:


Subd. 4.

Dissemination.

new text begin(a) new text endA person who, knowing or with reason to know its content
and character, disseminates for profit to an adult or a minor a pornographic work, as defined
in this section, is guilty of a felony and may be sentenced to imprisonment for not more
than ten years, or to payment of a fine of not more than $20,000 deleted text beginfor the first offense and
$40,000 for a second or subsequent offense
deleted text end, or both.

new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a minor under the age of 13 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2016, section 617.246, subdivision 7, is amended to read:


Subd. 7.

Conditional release term.

Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for deleted text begintendeleted text end
new text begin 15 new text endyears. The terms of conditional release are governed by section 609.3455, subdivision
8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2016, section 617.247, subdivision 3, is amended to read:


Subd. 3.

Dissemination prohibited.

(a) A person who disseminates pornographic work
to an adult or a minor, knowing or with reason to know its content and character, is guilty
of a felony and may be sentenced to imprisonment for not more than seven years deleted text beginanddeleted text end new text beginor to
payment of
new text enda fine of not more than $10,000 deleted text beginfor a first offense and for not more than 15
years and a fine of not more than $20,000 for a second or subsequent offense
deleted text endnew text begin, or bothnew text end.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 yearsnew text begin or to payment of a fine of not more than $20,000,
or both,
new text end ifnew text begin:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
new text end

new text begin (2) new text endthe violation occurs when the person is a registered predatory offender under section
243.166new text begin; or
new text end

new text begin (3) the violation involved a minor under the age of 13 yearsnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2016, section 617.247, subdivision 4, is amended to read:


Subd. 4.

Possession prohibited.

(a) A person who possesses a pornographic work or a
computer disk or computer or other electronic, magnetic, or optical storage system or a
storage system of any other type, containing a pornographic work, knowing or with reason
to know its content and character, is guilty of a felony and may be sentenced to imprisonment
for not more than five years deleted text beginanddeleted text end new text beginor to payment of new text enda fine of not more than $5,000 deleted text beginfor a first
offense and for not more than ten years and a fine of not more than $10,000 for a second
or subsequent offense
deleted text endnew text begin, or bothnew text end.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years new text beginor to payment of a fine of not more than $10,000,
or both,
new text endifnew text begin:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
new text end

new text begin (2) new text endthe violation occurs when the person is a registered predatory offender under section
243.166new text begin; or
new text end

new text begin (3) the violation involved a minor under the age of 13 yearsnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2016, section 617.247, subdivision 9, is amended to read:


Subd. 9.

Conditional release term.

Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for deleted text begintendeleted text end
new text begin 15 new text endyears. The terms of conditional release are governed by section 609.3455, subdivision
8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 17. new text beginSENTENCING GUIDELINES MODIFICATION.
new text end

new text begin The Sentencing Guidelines Commission shall comprehensively review and consider
modifying how the Sentencing Guidelines and the sex offender grid address the crimes
described in Minnesota Statutes, sections 617.246 and 617.247, as compared to similar
crimes, including other sex offenses and other offenses with similar maximum penalties.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 609.349, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

ARTICLE 32

PREDATORY OFFENDERS

Section 1.

Minnesota Statutes 2016, section 171.07, subdivision 1a, is amended to read:


Subd. 1a.

Filing photograph or image; data classification.

The department shall file,
or contract to file, all photographs or electronically produced images obtained in the process
of issuing drivers' licenses or Minnesota identification cards. The photographs or
electronically produced images shall be private data pursuant to section 13.02, subdivision
12
. Notwithstanding section 13.04, subdivision 3, the department shall not be required to
provide copies of photographs or electronically produced images to data subjects. The use
of the files is restricted:

(1) to the issuance and control of drivers' licenses;

(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
investigation and prosecution of crimes, service of process, enforcement of no contact
orders, location of missing persons, investigation and preparation of cases for criminal,
juvenile, and traffic court, new text beginlocation of individuals required to register under section 243.166
or 243.167,
new text endand supervision of offenders;

(3) to public defenders, as defined in section 611.272, for the investigation and preparation
of cases for criminal, juvenile, and traffic courts;

(4) to child support enforcement purposes under section 256.978; and

(5) to a county medical examiner or coroner as required by section 390.005 as necessary
to fulfill the duties under sections 390.11 and 390.25.

Sec. 2.

Minnesota Statutes 2016, section 243.166, subdivision 1b, is amended to read:


Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3
; or 609.3453; deleted text beginor
deleted text end

(iv) indecent exposure under section 617.23, subdivision 3;new text begin or
new text end

new text begin (v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (f);
new text end

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit criminal abuse in violation of section 609.2325,
subdivision 1
, paragraph (b); false imprisonment in violation of section 609.255, subdivision
2
; solicitation, inducement, or promotion of the prostitution of a minor or engaging in the
sex trafficking of a minor in violation of section 609.322; a prostitution offense in violation
of section 609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual
conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a
sexual performance in violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a
; or

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 243.166, subdivision 2, is amended to read:


Subd. 2.

Notice.

When a person who is required to register under subdivision 1b,
paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the
court shall tell the person of the duty to register under this section and that, if the person
fails to comply with the registration requirements, information about the offender may be
made available to the public through electronic, computerized, or other accessible means.
The court may not modify the person's duty to register in the pronounced sentence or
disposition order. The court shall require the person to read and sign a form stating that the
duty of the person to register under this section has been explained. The court shall forward
the signed deleted text beginsex offender registrationdeleted text endnew text begin court notificationnew text end form, the complaint, and sentencing
documents to the bureau. If a person required to register under subdivision 1b, paragraph
(a), was not notified by the court of the registration requirement at the time of sentencing
or disposition, the assigned corrections agent shall notify the person of the requirements of
this section.new text begin If a person does not have a corrections agent, the local law enforcement authority
with jurisdiction over the person's primary address shall notify the person of the requirements.
new text end
When a person who is required to register under subdivision 1b, paragraph (c) or (d), is
released from commitment, the treatment facility shall notify the person of the requirements
of this section. The treatment facility shall also obtain the registration information required
under this section and forward it to the bureau.

Sec. 4.

Minnesota Statutes 2016, section 243.166, subdivision 4, is amended to read:


Subd. 4.

Contents of registration.

(a) The registration provided to the corrections agent
or law enforcement authority, must consist of a statement in writing signed by the person,
giving information required by the bureau, fingerprints, new text beginbiological specimen for DNA
analysis as defined under section 299C.155, subdivision 1,
new text endand photograph of the person
taken at the time of the person's release from incarceration or, if the person was not
incarcerated, at the time the person initially registered under this section. The registration
information also must include a written consent form signed by the person allowing a
treatment facility or residential housing unit or shelter to release information to a law
enforcement officer about the person's admission to, or residence in, a treatment facility or
residential housing unit or shelter. Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171, subdivision 3.

(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, in addition to other information required by this section,
the registration provided to the corrections agent or law enforcement authority must include
the person's offense history and documentation of treatment received during the person's
commitment. This documentation is limited to a statement of how far the person progressed
in treatment during commitment.

(c) Within three days of receipt, the corrections agent or law enforcement authority shall
forward the registration information to the bureau. The bureau shall ascertain whether the
person has registered with the law enforcement authority in the area of the person's primary
address, if any, or if the person lacks a primary address, where the person is staying, as
required by subdivision 3a. If the person has not registered with the law enforcement
authority, the bureau shall deleted text beginsend one copy todeleted text endnew text begin notifynew text end that authority.

(d) The corrections agent or law enforcement authority may require that a person required
to register under this section appear before the agent or authority to be photographed. The
agent or authority shall forward the photograph to the bureau.

(1) Except as provided in clause (2), the agent or authority may photograph any offender
at a time and frequency chosen by the agent or authority.

(2) The requirements of this paragraph shall not apply during any period where the
person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.

(e) During the period a person is required to register under this section, the following
provisions apply:

(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
provide notice to the offender that, if the offender does not return the verification form as
required, information about the offender may be made available to the public through
electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau. Notice is sufficient under this
paragraph, if the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law enforcement
authority where the offender most recently reported.

(2) The person shall mail the signed verification form back to the bureau within ten days
after receipt of the form, stating on the form the current and last address of the person's
residence and the other information required under subdivision 4a.

(3) In addition to the requirements listed in this section, an offender who is no longer
under correctional supervision for a registration offense, or a failure to register offense, but
who resides, works, or attends school in Minnesota, shall have an in-person contact with a
law enforcement authority as provided in this section. If the person resides in Minnesota,
the in-person contact shall be with the law enforcement authority that has jurisdiction over
the person's primary address or, if the person has no address, the location where the person
is staying. If the person does not reside in Minnesota but works or attends school in this
state, the person shall have an in-person contact with the law enforcement authority or
authorities with jurisdiction over the person's school or workplace. During the month of the
person's birth date, the person shall report to the authority to verify the accuracy of the
registration information and to be photographed. Within three days of this contact, the
authority shall enter information as required by the bureau into the predatory offender
registration database and submit an updated photograph of the person to the bureau's
predatory offender registration unit.

(4) If the person fails to mail the completed and signed verification form to the bureau
within ten days after receipt of the form, or if the person fails to report to the law enforcement
authority during the month of the person's birth date, the person is in violation of this section.

(5) For any person who fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form and who has been determined to be a risk
level III offender under section 244.052, the bureau shall immediately investigate and notify
local law enforcement authorities to investigate the person's location and to ensure compliance
with this section. The bureau also shall immediately give notice of the person's violation of
this section to the law enforcement authority having jurisdiction over the person's last
registered new text beginprimary new text endaddress deleted text beginor addressesdeleted text end.

new text begin (6) A law enforcement authority may determine whether the person is at that person's
primary address, secondary address, or school or work location, if any, or the accuracy of
any other information required under subdivision 4a if the person whose primary address,
secondary address, or school or work location, if any, is within the authority's jurisdiction,
regardless of the assignment of a corrections agent.
new text end

For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, the bureau shall comply with clause (1) at least four times
each year. For persons who, under section 244.052, are assigned to risk level III and who
are no longer under correctional supervision for a registration offense or a failure to register
offense, the bureau shall comply with clause (1) at least two times each year. For all other
persons required to register under this section, the bureau shall comply with clause (1) each
year within 30 days of the anniversary date of the person's initial registration.

(f) When sending out a verification form, the bureau shall determine whether the person
to whom the verification form is being sent has signed a written consent form as provided
for in paragraph (a). If the person has not signed such a consent form, the bureau shall send
a written consent form to the person along with the verification form. A person who receives
this written consent form shall sign and return it to the bureau at the same time as the
verification form.

new text begin (g) For persons registered under this section on the effective date of this section, each
person, on or before one year from that date, must provide a biological specimen for the
purpose of DNA analysis to the probation agency or law enforcement agency where that
person is registered. A person who provides or has provided a biological specimen for the
purpose of DNA analysis under chapter 299C or section 609.117 meets the requirements
of this paragraph.
new text end

Sec. 5.

Minnesota Statutes 2016, section 243.166, subdivision 4c, is amended to read:


Subd. 4c.

Notices in writing; signed.

All notices required by this section must be in
writing and signed by the person required to register.new text begin For purposes of this section, a signature
may be in ink on paper, by an electronic method established by the bureau, or by use of a
biometric for the person. If a biometric is used, the person must provide a sample that is
forwarded to the bureau so that it can be maintained for comparison purposes to verify the
person's identity.
new text end

Sec. 6.

Minnesota Statutes 2016, section 243.166, subdivision 5, is amended to read:


Subd. 5.

Criminal penalty.

(a) A person required to register under this section who new text beginwas
given notice, knows, or reasonably should know of the duty to register and who:
new text end

new text begin (1) new text endknowingly new text begincommits an act or fails to fulfill a requirement that new text endviolates any deleted text beginof itsdeleted text end
deleted text begin provisionsdeleted text endnew text begin provision of this section;new text end or

new text begin (2) new text endintentionally provides false information to a corrections agent, law enforcement
authority, or the bureau is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both.

(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a)
shall be committed to the custody of the commissioner of corrections for not less than a
year and a day, nor more than five years.

(c) A person convicted of violating paragraph (a), who has previously been convicted
of or adjudicated delinquent for violating this section or a similar statute of another state or
the United States, shall be committed to the custody of the commissioner of corrections for
not less than two years, nor more than five years.

(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person
sentenced without regard to the mandatory minimum sentence established by this subdivision.
The motion must be accompanied by a statement on the record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the person without
regard to the mandatory minimum sentence if the court finds substantial and compelling
reasons to do so. Sentencing a person in the manner described in this paragraph is a departure
from the Sentencing Guidelines.

(e) A person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, work release, conditional release, or supervised release, until
that person has served the full term of imprisonment as provided by law, notwithstanding
the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2016, section 243.166, subdivision 6, is amended to read:


Subd. 6.

Registration period.

(a) Notwithstanding the provisions of section 609.165,
subdivision 1
, and except as provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this section until ten years have
elapsed since the person initially registered in connection with the offense, or until the
probation, supervised release, or conditional release period expires, whichever occurs later.
For a person required to register under this section who is committed under section 253B.18,
Minnesota Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration period
does not include the period of commitment.

(b) If a person required to register under this section fails to provide the person's primary
address as required by subdivision 3, paragraph (b), fails to comply with the requirements
of subdivision 3a, fails to provide information as required by subdivision 4a, or fails to
return the verification form referenced in subdivision 4 within ten days, the commissioner
of public safety shall require the person to continue to register for an additional period of
five years. This five-year period is added to the end of the offender's registration period.new text begin In
addition, if the person is not in compliance at the end of the registration period, the
commissioner shall require the person to continue to register for an additional period of two
years.
new text end

(c) If a person required to register under this section is incarcerated due to a conviction
for a new offense or following a revocation of probation, supervised release, or conditional
release for any offense, the person shall continue to register until ten years have elapsed
since the person was last released from incarceration or until the person's probation,
supervised release, or conditional release period expires, whichever occurs later.

(d) A person shall continue to comply with this section for the life of that person:

(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another state or any federal
offense similar to the offenses described in subdivision 1b, and the person has a prior
conviction or adjudication for an offense for which registration was or would have been
required under subdivision 1b, or an offense from another state or a federal offense similar
to an offense described in subdivision 1b;

(2) if the person is required to register based upon a conviction or delinquency
adjudication for an offense under section 609.185, paragraph (a), clause (2), or a similar
statute from another state or the United States;

(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1
, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g);
or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the
United States similar to the offenses described in this clause; or

(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States.

(e) A person described in subdivision 1b, paragraph (b), who is required to register under
the laws of a state in which the person has been previously convicted or adjudicated
delinquent, shall register under this section for the time period required by the state of
conviction or adjudication unless a longer time period is required elsewhere in this section.

Sec. 8.

Minnesota Statutes 2016, section 243.166, subdivision 7, is amended to read:


Subd. 7.

Use of data.

(a) Except as otherwise provided in subdivision 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcement new text beginor a corrections agent new text endmay disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under section 626.556.new text begin A
corrections agent may also disclose the status of an individual as a predatory offender to
comply with section 244.057.
new text end

(c) The commissioner of human services is authorized to have access to the data for:

(1) state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b); and

(2) purposes of completing background studies under chapter 245C.

Sec. 9.

Minnesota Statutes 2016, section 243.166, subdivision 7a, is amended to read:


Subd. 7a.

Availability of information on offenders who are out of compliance with
registration law.

(a) The bureau may make information available to the public about
offenders who are 16 years of age or older and who are out of compliance with this section
for 30 days or longer for failure to provide the offenders' primary or secondary addressesnew text begin
or who have absconded
new text end. This information may be made available to the public through
electronic, computerized, or other accessible means. The amount and type of information
made available is limited to the information necessary for the public to assist law enforcement
in locating the offender.

(b) An offender who comes into compliance with this section after the bureau discloses
information about the offender to the public may send a written request to the bureau
requesting the bureau to treat information about the offender as private data, consistent with
subdivision 7. The bureau shall review the request and promptly take reasonable action to
treat the data as private, if the offender has complied with the requirement that the offender
provide the offender's primary and secondary addresses, or promptly notify the offender
that the information will continue to be treated as public information and the reasons for
the bureau's decision.

(c) If an offender believes the information made public about the offender is inaccurate
or incomplete, the offender may challenge the data under section 13.04, subdivision 4.

(d) The bureau is immune from any civil or criminal liability that might otherwise arise,
based on the accuracy or completeness of any information made public under this subdivision,
if the bureau acts in good faith.

Sec. 10.

Minnesota Statutes 2016, section 299C.093, is amended to read:


299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.

The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to individuals required to register as predatory offenders
under section 243.166. To the degree feasible, the system must include the data required to
be provided under section 243.166, subdivisions 4 and 4a, and indicate the time period that
the person is required to register. The superintendent shall maintain this data in a manner
that ensures that it is readily available to law enforcement agencies. This data is private data
on individuals under section 13.02, subdivision 12, but may be used for law enforcement
and corrections purposes. Law enforcementnew text begin or a corrections agentnew text end may disclose the status
of an individual as a predatory offender to a child protection worker with a local welfare
agency for purposes of doing a family assessment under section 626.556.new text begin A corrections
agent may also disclose the status of an individual as a predatory offender to comply with
section 244.057.
new text end The commissioner of human services has access to the data for
state-operated services, as defined in section 246.014, for the purposes described in section
246.13, subdivision 2, paragraph (b), and for purposes of conducting background studies
under chapter 245C.

ARTICLE 33

DWI

Section 1.

Minnesota Statutes 2016, section 169A.24, subdivision 1, is amended to read:


Subdivision 1.

Degree described.

A person who violates section 169A.20 (driving while
impaired) is guilty of first-degree driving while impaired if the person:

(1) commits the violation within ten years of the first of three or more qualified prior
impaired driving incidents;

(2) has previously been convicted of a felony under this section; or

(3) has previously been convicted of a felony under:

(i) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6);

(ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to
(6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4,
clauses (2) to (6); deleted text beginor
deleted text end

(iii) section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses
(2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114,
subdivision 1
, clauses (2) to (6), or subdivision 2, clauses (2) to (6)deleted text begin.deleted text endnew text begin; or
new text end

new text begin (iv) a statute from this state or another state in conformity with any provision listed in
item (i), (ii), or (iii).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 169A.55, subdivision 4, is amended to read:


Subd. 4.

Reinstatement of driving privileges; multiple incidents.

(a) new text beginA person whose
driver's license has been revoked as a result of an offense listed under clause (1) or (2) shall
not be eligible for reinstatement of driving privileges without an ignition interlock restriction
until the commissioner certifies that the person has neither owned nor leased a vehicle, the
person has not transferred ownership of a vehicle to a family or household member, no
family or household member owns or leases a vehicle which the person has express or
implied consent to drive, and the person has not committed a violation of chapter 169A or
171 during the revocation period; or the person has used the ignition interlock device and
complied with section 171.306 for a period of not less than:
new text end

new text begin (1) one year, for a person whose driver's license was revoked for:
new text end

new text begin (i) an offense occurring within ten years of a qualified prior impaired driving incident;
or
new text end

new text begin (ii) an offense occurring after two qualified prior impaired driving incidents; or
new text end

new text begin (2) two years, for a person whose driver's license was revoked for:
new text end

new text begin (i) an offense occurring under clause (1), and where the test results indicated an alcohol
concentration of twice the legal limit or more; or
new text end

new text begin (ii) an offense occurring under clause (1), and where the current offense is for a violation
of section 169A.20, subdivision 2 (test refusal).
new text end

new text begin As used in this paragraph, "family or household member" has the meaning given in section
169A.63, subdivision 1, paragraph (f).
new text end

new text begin (b) new text endA person whose driver's license has been canceled or denied as a result of three or
more qualified impaired driving incidents shall not be eligible for reinstatement of driving
privileges without an ignition interlock restriction until the person:

(1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and

(2) has submitted verification of abstinence from alcohol and controlled substancesnew text begin
under paragraph (c)
new text end, as evidenced by the person's use of an ignition interlock device or other
chemical monitoring device approved by the commissioner.

deleted text begin (b)deleted text end new text begin(c) new text endThe verification of abstinence must show that the person has abstained from the
use of alcohol and controlled substances for a period of not less than:

(1) three years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of two qualified prior impaired driving incidents, or
occurring after three qualified prior impaired driving incidents;

(2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or

(3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.

deleted text begin (c) The commissioner shall establish performance standards and a process for certifying
chemical monitoring devices. The standards and procedures are not rules and are exempt
from chapter 14, including section 14.386.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 171.30, subdivision 1, is amended
to read:


Subdivision 1.

Conditions of issuance.

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

(1) suspended under section 171.18, 171.173, 171.186, or 171.187;

(2) revoked, canceled, or denied under section:

(i) 169.792;

(ii) 169.797;

(iii) 169A.52:

(A) subdivision 3, paragraph (a), clause (1) or (2);

(B) new text beginsubdivision 3, paragraph (a), clause (3), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7);
new text end

new text begin (C) new text endsubdivision 3, paragraph (a), clause (4), (5), or (6), new text beginfor a violation of section 169A.20,
subdivision 1, clause (1), (5), or (6), and
new text endif in compliance with section 171.306;

new text begin (D) subdivision 3, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7);
new text end

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

new text begin (F) subdivision 4, paragraph (a), clause (3), for a violation of section 169A.20, subdivision
1, clause (2), (3), (4), or (7);
new text end

deleted text begin (D)deleted text endnew text begin (G)new text end subdivision 4, paragraph (a), clause (4), (5), or (6), new text beginfor a violation of section
169A.20, subdivision 1, clause (1), (5), or (6), and
new text endif in compliance with section 171.306;

new text begin (H) subdivision 4, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7); or
new text end

(iv) 171.17; or

(v) 171.172;

(3) revoked, canceled, or denied under section 169A.54:

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

(ii) subdivision 1, clause (2);

(iii) new text beginsubdivision 1, clause (3) or (4), for a violation of section 169A.20, subdivision 1,
clause (2), (3), (4), or (7);
new text end

new text begin (iv) new text endsubdivision 1, clause (5), (6), or (7),new text begin for a violation of section 169A.20, subdivision
1, clause (1), (5), or (6), and
new text end if in compliance with section 171.306; deleted text beginor
deleted text end

new text begin (v) subdivision 1, clause (5), (6), or (7), for a violation of section 169A.20, subdivision
1, clause (2), (3), (4), or (7); or
new text end

deleted text begin (iv)deleted text endnew text begin (vi)new text end subdivision 2, 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, and the test
results indicate an alcohol concentration of less than twice the legal limit; or

(4) revoked, canceled, or denied under section 171.177:

(i) subdivision 4, paragraph (a), clause (1) or (2);

(ii) new text beginsubdivision 4, paragraph (a), clause (3), for a violation of section 169A.20, subdivision
1, clause (2), (3), (4), or (7);
new text end

new text begin (iii) new text endsubdivision 4, paragraph (a), clause (4), (5), or (6), new text beginfor a violation of section 169A.20,
subdivision 1, clause (1), (5), or (6), and
new text endif in compliance with section 171.306;

new text begin (iv) subdivision 4, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7);
new text end

deleted text begin (iii)deleted text endnew text begin (v)new text end subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit; deleted text beginor
deleted text end

new text begin (vi) subdivision 5, paragraph (a), clause (3), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7);
new text end

deleted text begin (iv)deleted text endnew text begin (vii)new text end subdivision 5, paragraph (a), clause (4), (5), or (6), new text beginfor a violation of section
169A.20, subdivision 1, clause (1), (5), or (6), and
new text endif in compliance with section 171.306new text begin;
or
new text end

new text begin (viii) subdivision 5, paragraph (a), clause (4), (5), or (6), for a violation of section
169A.20, subdivision 1, clause (2), (3), (4), or (7)
new text end.

(b) The following conditions for a limited license under paragraph (a) include:

(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.

(c) 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.

(d) 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).

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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).

(j) The commissioner shall not issue a class A, class B, or class C limited license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2017 Supplement, section 171.30, subdivision 2a, is amended
to read:


Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license shall
not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended for
a first violation of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a
statute or ordinance from another state in conformity with deleted text begineitherdeleted text endnew text begin anynew text end of those sections; or

(2) new text begin90 days, to a person who submitted to testing under sections 169A.50 to 169A.53,
section 171.177, or a statute or ordinance from another state in conformity with any of those
sections, if the person's license or privilege has been revoked or suspended for a violation
of section 169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within ten years of
a qualified prior impaired driving incident, or after two qualified prior impaired driving
incidents, for violations of section 169A.20, sections 169A.50 to 169A.53, section 171.177,
or a statute or ordinance from another state in conformity with any of those sections; or
new text end

new text begin (3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53, section
171.177, or a statute or ordinance from another state in conformity with any of those sections,
if the person's license or privilege has been revoked or suspended for a violation of section
169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within ten years of a qualified
prior impaired driving incident, or after two qualified prior impaired driving incidents, for
violations of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a statute
or ordinance from another state in conformity with any of those sections; or
new text end

new text begin (4) new text endone year, to a person whose license or privilege has been revoked or suspended for
committing manslaughter resulting from the operation of a motor vehicle, committing
criminal vehicular homicide or injury under section deleted text begin609.21deleted text endnew text begin 609.2112new text end, subdivision 1, clause
(1), (2), item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under section
deleted text begin 609.21deleted text endnew text begin 609.2112new text end, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or violating a statute
or ordinance from another state in conformity with either of those offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2017 Supplement, section 171.306, subdivision 1, is amended
to read:


Subdivision 1.

Definitions.

(a) As used in this section, the terms in this subdivision have
the meanings given them.

(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

(c) "Location tracking capabilities" means the ability of an electronic or wireless device
to identify and transmit its geographic location through the operation of the device.

(d) "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52deleted text begin;deleted text endnew text begin ornew text end 169A.54deleted text begin;deleted text endnew text begin, for a violation of
section 169A.20, subdivision 1, clause (1), (5), or (6);
new text end

new text begin (2) revoked, canceled, or denied under sectionnew text end 171.04, subdivision 1, clause (10); or
171.177deleted text begin;deleted text endnew text begin, for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6);new text end or

deleted text begin (2)deleted text endnew text begin (3)new text end revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
suspended under section 171.187, for a violation of section 609.2113, subdivision 1, clause
(2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or
subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2),
item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily
harm.

(e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
subdivision 22
.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2017 Supplement, section 171.306, subdivision 2, is amended
to read:


Subd. 2.

Performance standards; certification; manufacturer and provider
requirements.

(a) The commissioner shall establish performance standards and a process
for certifying devices used in the ignition interlock program, except that the commissioner
may not establish standards that, directly or indirectly, require devices to use or enable
location tracking capabilities without a court order.

(b) The manufacturer of a device must apply annually for certification of the device by
submitting the form prescribed by the commissioner. The commissioner shall require
manufacturers of certified devices to:

(1) provide device installation, servicing, and monitoring to indigent program participants
at a discounted rate, according to the standards established by the commissioner; deleted text beginand
deleted text end

(2) include in an ignition interlock device contract a provision that a program participant
who voluntarily terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor vehicle,
regardless of whether the term of the contract has expirednew text begin; and
new text end

new text begin (3) include in an ignition interlock device contract a provision that requires manufacturers
of certified devices to pay any towing or repair costs caused by device failure or malfunction,
or by damage caused during device installation, servicing, or monitoring
new text end.

(c) The manufacturer of a certified device must include with an ignition interlock device
contract a separate notice to the program participant regarding any location tracking
capabilities of the device.

ARTICLE 34

HEALTH CARE

Section 1.

Minnesota Statutes 2016, section 3.3005, subdivision 8, is amended to read:


Subd. 8.

Request contents.

A request to spend federal funds submitted under this section
must include the name of the federal grant, the federal agency from which the funds are
available, a federal identification number, a brief description of the purpose of the grant,
the amounts expected by fiscal year, an indication if any state match is required, an indication
if there is a maintenance of effort requirement, and the number of full-time equivalent
positions needed to implement the grant.new text begin For new grants, the request must provide a narrative
description of the short- and long-term commitments required, including whether continuation
of any full-time equivalent positions will be a condition of receiving the federal award.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 13.69, subdivision 1, is amended to
read:


Subdivision 1.

Classifications.

(a) The following government data of the Department
of Public Safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for parking
certificates and special license plates issued to physically disabled persons;

(2) other data on holders of a disability certificate under section 169.345, except that (i)
data that are not medical data may be released to law enforcement agencies, and (ii) data
necessary for enforcement of sections 169.345 and 169.346 may be released to parking
enforcement employees or parking enforcement agents of statutory or home rule charter
cities and towns;

(3) Social Security numbers in driver's license and motor vehicle registration records,
except that Social Security numbers must be provided to the Department of Revenue for
purposes of tax administration, the Department of Labor and Industry for purposes of
workers' compensation administration and enforcement, the judicial branch for purposes of
debt collection, and the Department of Natural Resources for purposes of license application
administrationnew text begin, and except that the last four digits of the Social Security number must be
provided to the Department of Human Services for purposes of recovery of Minnesota health
care program benefits paid
new text end; and

(4) data on persons listed as standby or temporary custodians under section 171.07,
subdivision 11
, except that the data must be released to:

(i) law enforcement agencies for the purpose of verifying that an individual is a designated
caregiver; or

(ii) law enforcement agencies who state that the license holder is unable to communicate
at that time and that the information is necessary for notifying the designated caregiver of
the need to care for a child of the license holder.

The department may release the Social Security number only as provided in clause (3)
and must not sell or otherwise provide individual Social Security numbers or lists of Social
Security numbers for any other purpose.

(b) The following government data of the Department of Public Safety are confidential
data: data concerning an individual's driving ability when that data is received from a member
of the individual's family.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 3.

new text begin [62J.90] MINNESOTA HEALTH POLICY COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "commission" means the
Minnesota Health Policy Commission.
new text end

new text begin Subd. 2. new text end

new text begin Commission membership. new text end

new text begin The commission shall consist of 16 voting members,
appointed by the Legislative Coordinating Commission as provided in subdivision 9, as
follows:
new text end

new text begin (1) one member with demonstrated expertise in health care finance;
new text end

new text begin (2) one member with demonstrated expertise in health economics;
new text end

new text begin (3) one member with demonstrated expertise in actuarial science;
new text end

new text begin (4) one member with demonstrated expertise in health plan management and finance;
new text end

new text begin (5) one member with demonstrated expertise in health care system management;
new text end

new text begin (6) one member with demonstrated expertise as a purchaser, or a representative of a
purchaser, of employer-sponsored health care services or employer-sponsored health
insurance;
new text end

new text begin (7) one member with demonstrated expertise in the development and utilization of
innovative medical technologies;
new text end

new text begin (8) one member with demonstrated expertise as a health care consumer advocate;
new text end

new text begin (9) one member who is a primary care physician;
new text end

new text begin (10) one member with demonstrated knowledge and expertise in patient privacy issues;
new text end

new text begin (11) one member who provides long-term care services through medical assistance;
new text end

new text begin (12) one member with direct experience as an enrollee, or parent or caregiver of an
enrollee, in MinnesotaCare or medical assistance;
new text end

new text begin (13) two members of the senate, including one member appointed by the majority leader
and one member from the minority party appointed by the minority leader; and
new text end

new text begin (14) two members of the house of representatives, including one member appointed by
the speaker of the house and one member from the minority party appointed by the minority
leader.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The commission shall:
new text end

new text begin (1) compare Minnesota's private market health care costs and public health care program
spending to that of the other states;
new text end

new text begin (2) compare Minnesota's private market health care costs and public health care program
spending in any given year to its costs and spending in previous years;
new text end

new text begin (3) identify factors that influence and contribute to Minnesota's ranking for private
market health care costs and public health care program spending, including the year over
year and trend line change in total costs and spending in the state;
new text end

new text begin (4) continually monitor efforts to reform the health care delivery and payment system
in Minnesota to understand emerging trends in the health insurance market, including the
private health care market, large self-insured employers, and the state's public health care
programs in order to identify opportunities for state action to achieve:
new text end

new text begin (i) improved patient experience of care, including quality and satisfaction;
new text end

new text begin (ii) improved health of all populations; and
new text end

new text begin (iii) reduced per capita cost of health care;
new text end

new text begin (5) make recommendations for legislative policy, the health care market, or any other
reforms to:
new text end

new text begin (i) lower the rate of growth in private market health care costs and public health care
program spending in the state;
new text end

new text begin (ii) positively impact the state's ranking in the areas listed in this subdivision; and
new text end

new text begin (iii) improve the quality and value of care for all Minnesotans; and
new text end

new text begin (6) conduct any additional reviews requested by the legislature.
new text end

new text begin (b) In making recommendations to the legislature, the commission shall consider:
new text end

new text begin (i) how the recommendations might positively impact the cost-shifting interplay between
public payer reimbursement rates and health insurance premiums; and
new text end

new text begin (ii) how public health care programs, where appropriate, may be utilized as a means to
help prepare enrollees for an eventual transition to the private health care market.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commission shall submit recommendations for changes in health
care policy and financing by June 15 each year to the chairs and ranking minority members
of the legislative committees with primary jurisdiction over health care. The report shall
include any draft legislation to implement the commission's recommendations.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin The commission shall hire a director who may employ or contract for
professional and technical assistance as the commission determines necessary to perform
its duties. The commission may also contract with private entities with expertise in health
economics, health finance, and actuarial science to secure additional information, data,
research, or modeling that may be necessary for the commission to carry out its duties.
new text end

new text begin Subd. 6. new text end

new text begin Access to information. new text end

new text begin (a) The commission may request that a state department
or agency provide the commission with any publicly available information in a usable format
as requested by the commission, at no cost to the commission.
new text end

new text begin (b) The commission may request from a state department or agency unique or custom
data sets and the department or agency may charge the commission for providing the data
at the same rate the department or agency would charge any other public or private entity.
new text end

new text begin (c) Any information provided to the commission by a state department or agency must
be de-identified. For purposes of this subdivision, "de-identified" means the process used
to prevent the identity of a person or business from being connected with information and
ensuring all identifiable information has been removed.
new text end

new text begin (d) By July 1, 2020, and annually thereafter, the commission shall provide the legislative
committees with jurisdiction over data practices with a report describing the de-identified
information and data obtained by the commission from state departments and agencies in
the preceding year. The report must describe the information obtained, including the scope
of the information obtained, the purpose for which it was obtained, the classification of any
data obtained, the length of time the information shall be used, and security measures for
protecting the information in accordance with chapter 13. The report must include a
notification to the public that although the information obtained by the commission is
de-identified, de-identified data retains some risk of identification, and that a data use
agreement must limit the use of the data and prohibit attempts to reidentify the data. The
commission shall also maintain the reports on the commission's Web site.
new text end

new text begin Subd. 7. new text end

new text begin Terms; vacancies; compensation. new text end

new text begin (a) Public members of the commission shall
serve four-year terms. The public members may not serve for more than two consecutive
terms.
new text end

new text begin (b) The legislative members shall serve on the commission as long as the member or
the appointing authority holds office.
new text end

new text begin (c) The removal of members and filling of vacancies on the commission are as provided
in section 15.059.
new text end

new text begin (d) Public members may receive compensation and expenses as provided in section
15.059, subdivision 3.
new text end

new text begin Subd. 8. new text end

new text begin Chairs; officers. new text end

new text begin The commission shall elect a chair annually. The commission
may elect other officers necessary for the performance of its duties.
new text end

new text begin Subd. 9. new text end

new text begin Selection of members; advisory council. new text end

new text begin The Legislative Coordinating
Commission shall take applications from members of the public who are qualified and
interested to serve in one of the listed positions. The applications must be reviewed by a
health policy commission advisory council comprised of four members as follows: the state
economist, legislative auditor, state demographer, and the president of the Federal Reserve
Bank of Minneapolis or a designee of the president. The advisory council shall recommend
two applicants for each of the specified positions by September 30 in the calendar year
preceding the end of the members' terms. The Legislative Coordinating Commission shall
appoint one of the two recommended applicants to the commission.
new text end

new text begin Subd. 10. new text end

new text begin Meetings. new text end

new text begin The commission shall meet at least four times each year.
Commission meetings are subject to chapter 13D.
new text end

new text begin Subd. 11. new text end

new text begin Conflict of interest. new text end

new text begin A member of the commission may not participate in or
vote on a decision of the commission relating to an organization in which the member has
either a direct or indirect financial interest.
new text end

new text begin Subd. 12. new text end

new text begin Expiration. new text end

new text begin The commission shall expire on June 15, 2024.
new text end

Sec. 4.

new text begin [256.0113] ELIGIBILITY VERIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Verification required; vendor contract. new text end

new text begin (a) The commissioner shall
ensure that medical assistance, MinnesotaCare, child care assistance programs under chapter
119B, and Supplemental Nutrition Assistance Program (SNAP) eligibility determinations
through the MNsure information technology system and through other agency eligibility
determination systems include the computerized verification of income, residency, identity,
and when applicable, assets and compliance with SNAP work requirements.
new text end

new text begin (b) The commissioner shall contract with a vendor to verify the eligibility of all persons
enrolled in medical assistance, MinnesotaCare, a child care assistance program, and SNAP
during a specified audit period. This contract shall be exempt from sections 16C.08,
subdivision 2, clause (1); 16C.09, paragraph (a), clause (1); 43A.047, paragraph (a), and
any other law to the contrary.
new text end

new text begin (c) The contract must require the vendor to comply with enrollee data privacy
requirements and to use encryption to safeguard enrollee identity. The contract must also
provide penalties for vendor noncompliance.
new text end

new text begin (d) The contract must include a revenue sharing agreement, under which vendor
compensation is limited to a portion of any savings to the state resulting from the vendor's
implementation of eligibility verification initiatives under this section.
new text end

new text begin (e) The commissioner shall use existing resources to fund any agency administrative
and technology-related costs incurred as a result of implementing this section.
new text end

new text begin (f) All state savings resulting from implementation of the vendor contract under this
section, minus any payments to the vendor made under the terms of the revenue sharing
agreement, shall be deposited into the health care access fund.
new text end

new text begin Subd. 2. new text end

new text begin Verification process; vendor duties. new text end

new text begin (a) The verification process implemented
by the vendor must include but is not limited to data matches of the name, date of birth,
address, and Social Security number of each medical assistance, MinnesotaCare, child care
assistance program, and SNAP enrollee against relevant information in federal and state
data sources, including the federal data hub established under the Affordable Care Act. In
designing the verification process, the vendor, to the extent feasible, shall incorporate
procedures that are compatible and coordinated with, and build upon or improve, existing
procedures used by the MNsure information technology system and other agency eligibility
determination systems.
new text end

new text begin (b) The vendor, upon preliminary determination that an enrollee is eligible or ineligible,
shall notify the commissioner. Within 20 business days of notification, the commissioner
shall accept the preliminary determination or reject the preliminary determination with a
stated reason. The commissioner shall retain final authority over eligibility determinations.
The vendor shall keep a record of all preliminary determinations of ineligibility submitted
to the commissioner.
new text end

new text begin (c) The vendor shall recommend to the commissioner an eligibility verification process
that allows ongoing verification of enrollee eligibility under the MNsure information
technology system and other agency eligibility determination systems.
new text end

new text begin (d) The commissioner and the vendor, following the conclusion of the initial contract
period, shall jointly submit an eligibility verification audit report to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance. The report shall include but is not limited to information in the
form of unidentified summary data on preliminary determinations of eligibility or ineligibility
communicated by the vendor, the actions taken on those preliminary determinations by the
commissioner, and the commissioner's reasons for rejecting preliminary determinations by
the vendor. The report must also include the recommendations for ongoing verification of
enrollee eligibility required under paragraph (c).
new text end

new text begin (e) An eligibility verification vendor contract shall be awarded for an initial one-year
period, beginning January 1, 2019. The commissioner shall renew the contract for up to
three additional one-year periods and require additional eligibility verification audits, if the
commissioner or the legislative auditor determines that the MNsure information technology
system and other agency eligibility determination systems cannot effectively verify the
eligibility of medical assistance, MinnesotaCare, child care assistance program, and SNAP
enrollees.
new text end

Sec. 5.

Minnesota Statutes 2017 Supplement, section 256.969, subdivision 9, is amended
to read:


Subd. 9.

Disproportionate numbers of low-income patients served.

(a) For admissions
occurring on or after July 1, 1993, the medical assistance disproportionate population
adjustment shall comply with federal law and shall be paid to a hospital, excluding regional
treatment centers and facilities of the federal Indian Health Service, with a medical assistance
inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined
as follows:

(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic
mean for all hospitals excluding regional treatment centers and facilities of the federal Indian
Health Service but less than or equal to one standard deviation above the mean, the
adjustment must be determined by multiplying the total of the operating and property
payment rates by the difference between the hospital's actual medical assistance inpatient
utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers
and facilities of the federal Indian Health Service; and

(2) for a hospital with a medical assistance inpatient utilization rate above one standard
deviation above the mean, the adjustment must be determined by multiplying the adjustment
that would be determined under clause (1) for that hospital by 1.1. The commissioner shall
report annually on the number of hospitals likely to receive the adjustment authorized by
this paragraph. The commissioner shall specifically report on the adjustments received by
public hospitals and public hospital corporations located in cities of the first class.

(b) Certified public expenditures made by Hennepin County Medical Center shall be
considered Medicaid disproportionate share hospital payments. Hennepin County and
Hennepin County Medical Center shall report by June 15, 2007, on payments made beginning
July 1, 2005, or another date specified by the commissioner, that may qualify for
reimbursement under federal law. Based on these reports, the commissioner shall apply for
federal matching funds.

(c) Upon federal approval of the related state plan amendment, paragraph (b) is effective
retroactively from July 1, 2005, or the earliest effective date approved by the Centers for
Medicare and Medicaid Services.

(d) Effective July 1, 2015, disproportionate share hospital (DSH) payments shall be paid
in accordance with a new methodology using 2012 as the base year. Annual payments made
under this paragraph shall equal the total amount of payments made for 2012. A licensed
children's hospital shall receive only a single DSH factor for children's hospitals. Other
DSH factors may be combined to arrive at a single factor for each hospital that is eligible
for DSH payments. The new methodology shall make payments only to hospitals located
in Minnesota and include the following factors:

(1) a licensed children's hospital with at least 1,000 fee-for-service discharges in the
base year shall receive a factor of 0.868. A licensed children's hospital with less than 1,000
fee-for-service discharges in the base year shall receive a factor of 0.7880;

(2) a hospital that has in effect for the initial rate year a contract with the commissioner
to provide extended psychiatric inpatient services under section 256.9693 shall receive a
factor of 0.0160;

(3) a hospital that has received payment from the fee-for-service program for at least 20
transplant services in the base year shall receive a factor of 0.0435;

(4) a hospital that has a medical assistance utilization rate in the base year between 20
percent up to one standard deviation above the statewide mean utilization rate shall receive
a factor of 0.0468;

(5) a hospital that has a medical assistance utilization rate in the base year that is at least
one standard deviation above the statewide mean utilization rate but is less than three standard
deviations above the mean shall receive a factor of 0.2300; and

(6) a hospital that has a medical assistance utilization rate in the base year that is at least
three standard deviations above the statewide mean utilization rate shall receive a factor of
0.3711.

(e) Any payments or portion of payments made to a hospital under this subdivision that
are subsequently returned to the commissioner because the payments are found to exceed
the hospital-specific DSH limit for that hospital shall be redistributed, proportionate to the
number of fee-for-service discharges, to other DSH-eligible non-children's hospitals that
have a medical assistance utilization rate that is at least one standard deviation above the
mean.

new text begin (f) Effective for discharges on January 1, 2019, through June 30, 2019, an additional
payment adjustment shall be established by the commissioner under this subdivision for
hospitals that provide high levels of administering high-cost drugs to enrollees in the
fee-for-service medical assistance program. The commissioner shall consider factors such
as fee-for-service medical assistance utilization rates and payments made for drugs purchased
through the 340B drug purchasing program and administered to fee-for-service enrollees.
If any part of this adjustment exceeds a hospital's hospital-specific disproportionate share
hospital limit, the commissioner shall make a payment to the hospital that equals the
nonfederal share of the amount that exceeds the limit. The total nonfederal share of the
amount of the payment adjustment under this paragraph shall not exceed $1,500,000.
new text end

Sec. 6.

Minnesota Statutes 2016, section 256B.04, subdivision 14, is amended to read:


Subd. 14.

Competitive bidding.

(a) When determined to be effective, economical, and
feasible, the commissioner may utilize volume purchase through competitive bidding and
negotiation under the provisions of chapter 16C, to provide items under the medical assistance
program including but not limited to the following:

(1) eyeglasses;

(2) oxygen. The commissioner shall provide for oxygen needed in an emergency situation
on a short-term basis, until the vendor can obtain the necessary supply from the contract
dealer;

(3) hearing aids and supplies; and

(4) durable medical equipment, including but not limited to:

(i) hospital beds;

(ii) commodes;

(iii) glide-about chairs;

(iv) patient lift apparatus;

(v) wheelchairs and accessories;

(vi) oxygen administration equipment;

(vii) respiratory therapy equipment;

(viii) electronic diagnostic, therapeutic and life-support systems;

(5) nonemergency medical transportation level of need determinations, disbursement of
public transportation passes and tokens, and volunteer and recipient mileage and parking
reimbursements; and

(6) drugs.

(b) Rate changes and recipient cost-sharing under this chapter and chapter 256L do not
affect contract payments under this subdivision unless specifically identified.

(c) The commissioner may not utilize volume purchase through competitive bidding
and negotiation deleted text beginfor special transportation servicesdeleted text end under the provisions of chapter 16Cnew text begin for
special transportation services or incontinence products and related supplies
new text end.

Sec. 7.

Minnesota Statutes 2016, section 256B.04, subdivision 21, is amended to read:


Subd. 21.

Provider enrollment.

(a) If the commissioner or the Centers for Medicare
and Medicaid Services determines that a provider is designated "high-risk," the commissioner
may withhold payment from providers within that category upon initial enrollment for a
90-day period. The withholding for each provider must begin on the date of the first
submission of a claim.

(b) An enrolled provider that is also licensed by the commissioner under chapter 245A,
or is licensed as a home care provider by the Department of Health under chapter 144A and
has a home and community-based services designation on the home care license under
section 144A.484, must designate an individual as the entity's compliance officer. The
compliance officer must:

(1) develop policies and procedures to assure adherence to medical assistance laws and
regulations and to prevent inappropriate claims submissions;

(2) train the employees of the provider entity, and any agents or subcontractors of the
provider entity including billers, on the policies and procedures under clause (1);

(3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;

(4) use evaluation techniques to monitor compliance with medical assistance laws and
regulations;

(5) promptly report to the commissioner any identified violations of medical assistance
laws or regulations; and

(6) within 60 days of discovery by the provider of a medical assistance reimbursement
overpayment, report the overpayment to the commissioner and make arrangements with
the commissioner for the commissioner's recovery of the overpayment.

The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.

(c) The commissioner may revoke the enrollment of an ordering or rendering provider
for a period of not more than one year, if the provider fails to maintain and, upon request
from the commissioner, provide access to documentation relating to written orders or requests
for payment for durable medical equipment, certifications for home health services, or
referrals for other items or services written or ordered by such provider, when the
commissioner has identified a pattern of a lack of documentation. A pattern means a failure
to maintain documentation or provide access to documentation on more than one occasion.
Nothing in this paragraph limits the authority of the commissioner to sanction a provider
under the provisions of section 256B.064.

(d) The commissioner shall terminate or deny the enrollment of any individual or entity
if the individual or entity has been terminated from participation in Medicare or under the
Medicaid program or Children's Health Insurance Program of any other state.new text begin The
commissioner may exempt a rehabilitation agency from termination or denial that would
otherwise be required under this paragraph, if the agency:
new text end

new text begin (1) is unable to retain Medicare certification and enrollment solely due to a lack of billing
to the Medicare program;
new text end

new text begin (2) meets all other applicable Medicare certification requirements based on a review
completed by the commissioner of health; and
new text end

new text begin (3) serves primarily a pediatric population.
new text end

(e) As a condition of enrollment in medical assistance, the commissioner shall require
that a provider designated "moderate" or "high-risk" by the Centers for Medicare and
Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
Services, its agents, or its designated contractors and the state agency, its agents, or its
designated contractors to conduct unannounced on-site inspections of any provider location.
The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
and standards used to designate Medicare providers in Code of Federal Regulations, title
42, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
The commissioner's designations are not subject to administrative appeal.

(f) As a condition of enrollment in medical assistance, the commissioner shall require
that a high-risk provider, or a person with a direct or indirect ownership interest in the
provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is designated
high-risk for fraud, waste, or abuse.

(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all durable
medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical suppliers
meeting the durable medical equipment provider and supplier definition in clause (3),
operating in Minnesota and receiving Medicaid funds must purchase a surety bond that is
annually renewed and designates the Minnesota Department of Human Services as the
obligee, and must be submitted in a form approved by the commissioner. For purposes of
this clause, the following medical suppliers are not required to obtain a surety bond: a
federally qualified health center, a home health agency, the Indian Health Service, a
pharmacy, and a rural health clinic.

(2) At the time of initial enrollment or reenrollment, durable medical equipment providers
and suppliers defined in clause (3) must purchase a surety bond of $50,000. If a revalidating
provider's Medicaid revenue in the previous calendar year is up to and including $300,000,
the provider agency must purchase a surety bond of $50,000. If a revalidating provider's
Medicaid revenue in the previous calendar year is over $300,000, the provider agency must
purchase a surety bond of $100,000. The surety bond must allow for recovery of costs and
fees in pursuing a claim on the bond.

(3) "Durable medical equipment provider or supplier" means a medical supplier that can
purchase medical equipment or supplies for sale or rental to the general public and is able
to perform or arrange for necessary repairs to and maintenance of equipment offered for
sale or rental.

(h) The Department of Human Services may require a provider to purchase a surety
bond as a condition of initial enrollment, reenrollment, reinstatement, or continued enrollment
if: (1) the provider fails to demonstrate financial viability, (2) the department determines
there is significant evidence of or potential for fraud and abuse by the provider, or (3) the
provider or category of providers is designated high-risk pursuant to paragraph (a) and as
per Code of Federal Regulations, title 42, section 455.450. The surety bond must be in an
amount of $100,000 or ten percent of the provider's payments from Medicaid during the
immediately preceding 12 months, whichever is greater. The surety bond must name the
Department of Human Services as an obligee and must allow for recovery of costs and fees
in pursuing a claim on the bond. This paragraph does not apply if the provider currently
maintains a surety bond under the requirements in section 256B.0659 or 256B.85.

Sec. 8.

Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 3b, is
amended to read:


Subd. 3b.

Telemedicine services.

(a) Medical assistance covers medically necessary
services and consultations delivered by a licensed health care provider via telemedicine in
the same manner as if the service or consultation was delivered in person. Coverage is
limited to three telemedicine services per enrollee per calendar weeknew text begin, except as provided
in paragraph (f)
new text end. Telemedicine services shall be paid at the full allowable rate.

(b) The commissioner shall establish criteria that a health care provider must attest to
in order to demonstrate the safety or efficacy of delivering a particular service via
telemedicine. The attestation may include that the health care provider:

(1) has identified the categories or types of services the health care provider will provide
via telemedicine;

(2) has written policies and procedures specific to telemedicine services that are regularly
reviewed and updated;

(3) has policies and procedures that adequately address patient safety before, during,
and after the telemedicine service is rendered;

(4) has established protocols addressing how and when to discontinue telemedicine
services; and

(5) has an established quality assurance process related to telemedicine services.

(c) As a condition of payment, a licensed health care provider must document each
occurrence of a health service provided by telemedicine to a medical assistance enrollee.
Health care service records for services provided by telemedicine must meet the requirements
set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must document:

(1) the type of service provided by telemedicine;

(2) the time the service began and the time the service ended, including an a.m. and p.m.
designation;

(3) the licensed health care provider's basis for determining that telemedicine is an
appropriate and effective means for delivering the service to the enrollee;

(4) the mode of transmission of the telemedicine service and records evidencing that a
particular mode of transmission was utilized;

(5) the location of the originating site and the distant site;

(6) if the claim for payment is based on a physician's telemedicine consultation with
another physician, the written opinion from the consulting physician providing the
telemedicine consultation; and

(7) compliance with the criteria attested to by the health care provider in accordance
with paragraph (b).

(d) For purposes of this subdivision, unless otherwise covered under this chapter,
"telemedicine" is defined as the delivery of health care services or consultations while the
patient is at an originating site and the licensed health care provider is at a distant site. A
communication between licensed health care providers, or a licensed health care provider
and a patient that consists solely of a telephone conversation, e-mail, or facsimile transmission
does not constitute telemedicine consultations or services. Telemedicine may be provided
by means of real-time two-way, interactive audio and visual communications, including the
application of secure video conferencing or store-and-forward technology to provide or
support health care delivery, which facilitate the assessment, diagnosis, consultation,
treatment, education, and care management of a patient's health care.

(e) For purposes of this section, "licensed health care provider" means a licensed health
care provider under section 62A.671, subdivision 6, deleted text beginanddeleted text endnew text begin a community paramedic as defined
under section 144E.001, subdivision 5f, or
new text end a mental health practitioner defined under section
245.462, subdivision 17, or 245.4871, subdivision 26, working under the general supervision
of a mental health professional; "health care provider" is defined under section 62A.671,
subdivision 3
; and "originating site" is defined under section 62A.671, subdivision 7.

new text begin (f) The limit on coverage of three telemedicine services per enrollee per calendar week
does not apply if:
new text end

new text begin (1) the telemedicine services provided by the licensed health care provider are for the
treatment and control of tuberculosis; and
new text end

new text begin (2) the services are provided in a manner consistent with the recommendations and best
practices specified by the Centers for Disease Control and Prevention and the commissioner
of health.
new text end

Sec. 9.

Minnesota Statutes 2016, section 256B.0625, subdivision 13, is amended to read:


Subd. 13.

Drugs.

(a) Medical assistance covers drugs, except for fertility drugs when
specifically used to enhance fertility, if prescribed by a licensed practitioner and dispensed
by a licensed pharmacist, by a physician enrolled in the medical assistance program as a
dispensing physician, or by a physician, physician assistant, or a nurse practitioner employed
by or under contract with a community health board as defined in section 145A.02,
subdivision 5
, for the purposes of communicable disease control.

(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply,
unless authorized by the commissioner.

(c) For the purpose of this subdivision and subdivision 13d, an "active pharmaceutical
ingredient" is defined as a substance that is represented for use in a drug and when used in
the manufacturing, processing, or packaging of a drug becomes an active ingredient of the
drug product. An "excipient" is defined as an inert substance used as a diluent or vehicle
for a drug. The commissioner shall establish a list of active pharmaceutical ingredients and
excipients which are included in the medical assistance formulary. Medical assistance covers
selected active pharmaceutical ingredients and excipients used in compounded prescriptions
when the compounded combination is specifically approved by the commissioner or when
a commercially available product:

(1) is not a therapeutic option for the patient;

(2) does not exist in the same combination of active ingredients in the same strengths
as the compounded prescription; and

(3) cannot be used in place of the active pharmaceutical ingredient in the compounded
prescription.

(d) Medical assistance covers the following over-the-counter drugs when prescribed by
a licensed practitioner or by a licensed pharmacist who meets standards established by the
commissioner, in consultation with the board of pharmacy: antacids, acetaminophen, family
planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults
with documented vitamin deficiencies, vitamins for children under the age of seven and
pregnant or nursing women, and any other over-the-counter drug identified by the
commissioner, in consultation with the formulary committee, as necessary, appropriate, and
cost-effective for the treatment of certain specified chronic diseases, conditions, or disorders,
and this determination shall not be subject to the requirements of chapter 14. A pharmacist
may prescribe over-the-counter medications as provided under this paragraph for purposes
of receiving reimbursement under Medicaid. When prescribing over-the-counter drugs under
this paragraph, licensed pharmacists must consult with the recipient to determine necessity,
provide drug counseling, review drug therapy for potential adverse interactions, and make
referrals as needed to other health care professionals. deleted text beginOver-the-counter medications must
be dispensed in a quantity that is the lowest of: (1) the number of dosage units contained in
the manufacturer's original package; (2) the number of dosage units required to complete
the patient's course of therapy; or (3) if applicable, the number of dosage units dispensed
from a system using retrospective billing, as provided under subdivision 13e, paragraph
(b).
deleted text end

(e) Effective January 1, 2006, medical assistance shall not cover drugs that are coverable
under Medicare Part D as defined in the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), for individuals eligible
for drug coverage as defined in the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, Public Law 108-173, section 1860D-1(a)(3)(A). For these
individuals, medical assistance may cover drugs from the drug classes listed in United States
Code, title 42, section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to
13g, except that drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall
not be covered.

(f) Medical assistance covers drugs acquired through the federal 340B Drug Pricing
Program and dispensed by 340B covered entities and ambulatory pharmacies under common
ownership of the 340B covered entity. Medical assistance does not cover drugs acquired
through the federal 340B Drug Pricing Program and dispensed by 340B contract pharmacies.

Sec. 10.

Minnesota Statutes 2016, section 256B.0625, subdivision 13e, is amended to
read:


Subd. 13e.

Payment rates.

(a) new text beginEffective January 1, 2019, or upon federal approval,
whichever is later,
new text endthe basis for determining the amount of payment shall be the lower of
the deleted text beginactual acquisition costsdeleted text endnew text begin ingredient costnew text end of the drugs deleted text beginor the maximum allowable cost by
the commissioner
deleted text end plus the deleted text beginfixeddeleted text endnew text begin professionalnew text end dispensing fee; or the usual and customary
price charged to the public. new text beginThe usual and customary price is defined as the lowest price
charged by the provider to a patient who pays for the prescription by cash, check, or charge
account and includes those prices the pharmacy charges to customers enrolled in a
prescription savings club or prescription discount club administered by the pharmacy or
pharmacy chain.
new text endThe amount of payment basis must be reduced to reflect all discount
amounts applied to the charge by any new text beginthird-party new text endprovider/insurer agreement or contract for
submitted charges to medical assistance programs. The net submitted charge may not be
greater than the patient liability for the service. The deleted text beginpharmacydeleted text endnew text begin professionalnew text end dispensing fee
shall be deleted text begin$3.65deleted text endnew text begin $10.48new text end for deleted text beginlegend prescription drugsdeleted text endnew text begin prescriptions filled with legend drugs
meeting the definition of "covered outpatient drugs" according to United States Code, title
42, section 1396r-8, paragraph (k), clause (2)
new text end, except that the dispensing fee for intravenous
solutions which must be compounded by the pharmacist shall be deleted text begin$8deleted text endnew text begin $10.48new text end per bagdeleted text begin, $14
per bag for cancer chemotherapy products, and $30 per bag for total parenteral nutritional
products dispensed in one liter quantities, or $44 per bag for total parenteral nutritional
products dispensed in quantities greater than one liter
deleted text end. new text beginThe professional dispensing fee for
prescriptions filled with over-the-counter drugs meeting the definition of covered outpatient
drugs shall be $10.48 for dispensed quantities equal to or greater than the number of units
contained in the manufacturer's original package. The professional dispensing fee shall be
prorated based on the percentage of the package dispensed when the pharmacy dispenses
a quantity less than the number of units contained in the manufacturer's original package.
new text end The pharmacy dispensing fee for new text beginprescribed new text endover-the-counter drugs new text beginnot meeting the definition
of covered outpatient drugs
new text endshall be $3.65deleted text begin, except that the fee shall be $1.31 for
retrospectively billing pharmacies when billing for quantities less than the number of units
contained in the manufacturer's original package. Actual acquisition cost includes quantity
and other special discounts except time and cash discounts. The actual acquisition
deleted text end deleted text begincost of
a drug shall be estimated by the commissioner at wholesale acquisition cost plus four percent
for independently owned pharmacies located in a designated rural area within Minnesota,
and at wholesale acquisition cost plus two percent for all other pharmacies. A pharmacy is
"independently owned" if it is one of four or fewer pharmacies under the same ownership
nationally. A "designated rural area" means an area defined as a small rural area or isolated
rural area according to the four-category classification of the Rural Urban Commuting Area
system developed for the United States Health Resources and Services Administration.
Effective January 1, 2014, the actual acquisition
deleted text end new text beginfor quantities equal to or greater than the
number of units contained in the manufacturer's original package and shall be prorated based
on the percentage of the package dispensed when the pharmacy dispenses a quantity less
than the number of units contained in the manufacturer's original package. The National
Average Drug Acquisition Cost (NADAC) shall be used to determine the ingredient cost
of a drug.
new text endnew text beginFor drugs for which a NADAC is not reported, the commissioner shall estimate
the ingredient cost at wholesale acquisition cost minus two percent. The commissioner shall
establish the ingredient
new text endcost of a drug acquired through the federal 340B Drug Pricing
Program deleted text beginshall be estimated by the commissioner at wholesale acquisition cost minus 40
percent
deleted text endnew text begin at a 340B Drug Pricing Program maximum allowable cost. The 340B Drug Pricing
Program maximum allowable cost shall be comparable to, but no higher than, the 340B
Drug Pricing Program ceiling price established by the Health Resources and Services
Administration
new text end. Wholesale acquisition cost is defined as the manufacturer's list price for a
drug or biological to wholesalers or direct purchasers in the United States, not including
prompt pay or other discounts, rebates, or reductions in price, for the most recent month for
which information is available, as reported in wholesale price guides or other publications
of drug or biological pricing data. The maximum allowable cost of a multisource drug may
be set by the commissioner and it shall be comparable todeleted text begin, butdeleted text endnew text begin the actual acquisition cost of
the drug product and
new text end no higher than, the maximum amount paid by other third-party payors
in this state who have maximum allowable cost programsnew text begin and no higher than the NADAC
of the generic product
new text end. Establishment of the amount of payment for drugs shall not be subject
to the requirements of the Administrative Procedure Act.

(b) Pharmacies dispensing prescriptions to residents of long-term care facilities using
an automated drug distribution system meeting the requirements of section 151.58, or a
packaging system meeting the packaging standards set forth in Minnesota Rules, part
6800.2700, that govern the return of unused drugs to the pharmacy for reuse, may employ
retrospective billing for prescription drugs dispensed to long-term care facility residents. A
retrospectively billing pharmacy must submit a claim only for the quantity of medication
used by the enrolled recipient during the defined billing period. A retrospectively billing
pharmacy must use a billing period not less than one calendar month or 30 days.

(c) deleted text beginAn additional dispensing fee of $.30 may be added to the dispensing fee paid to
pharmacists for legend drug prescriptions dispensed to residents of long-term care facilities
when a unit dose blister card system, approved by the department, is used. Under this type
of dispensing system, the pharmacist must dispense a 30-day supply of drug. The National
Drug Code (NDC) from the drug container used to fill the blister card must be identified
on the claim to the department. The unit dose blister card containing the drug must meet
the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return
of unused drugs to the pharmacy for reuse.
deleted text end A pharmacy provider using packaging that meets
the standards set forth in Minnesota Rules, part 6800.2700, is required to credit the
department for the actual acquisition cost of all unused drugs that are eligible for reuse,
unless the pharmacy is using retrospective billing. The commissioner may permit the drug
clozapine to be dispensed in a quantity that is less than a 30-day supply.

(d) deleted text beginWhenever a maximum allowable cost has been set fordeleted text endnew text begin If a pharmacy dispensesnew text end a
multisource drug, deleted text beginpayment shall be the lower of the usual and customary price charged to
the public or
deleted text end the new text beginingredient cost shall be the NADAC of the generic product or the new text endmaximum
allowable cost established by the commissioner unless prior authorization for the brand
name product has been granted according to the criteria established by the Drug Formulary
Committee as required by subdivision 13f, paragraph (a), and the prescriber has indicated
"dispense as written" on the prescription in a manner consistent with section 151.21,
subdivision 2
.

(e) The basis for determining the amount of payment for drugs administered in an
outpatient setting shall be the lower of the usual and customary cost submitted by the
provider, 106 percent of the average sales price as determined by the United States
Department of Health and Human Services pursuant to title XVIII, section 1847a of the
federal Social Security Act, the specialty pharmacy rate, or the maximum allowable cost
set by the commissioner. If average sales price is unavailable, the amount of payment must
be lower of the usual and customary cost submitted by the provider, the wholesale acquisition
cost, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner.
Effective January 1, deleted text begin2014deleted text endnew text begin 2019, or upon federal approval, whichever is laternew text end, the
commissioner shall discount the payment rate for drugs obtained through the federal 340B
Drug Pricing Program by deleted text begin20deleted text endnew text begin 28.6new text end percent. The payment for drugs administered in an
outpatient setting shall be made to the administering facility or practitioner. A retail or
specialty pharmacy dispensing a drug for administration in an outpatient setting is not
eligible for direct reimbursement.

(f) The commissioner may deleted text beginnegotiate lower reimbursement ratesdeleted text endnew text begin establish maximum
allowable cost rates
new text end for specialty pharmacy products deleted text beginthan the ratesdeleted text endnew text begin that are lower than the
ingredient cost formulas
new text end specified in paragraph (a). The commissioner may require
individuals enrolled in the health care programs administered by the department to obtain
specialty pharmacy products from providers deleted text beginwith whom the commissioner has negotiated
lower reimbursement rates
deleted text endnew text begin able to provide enhanced clinical services and willing to accept
the specialty pharmacy reimbursement
new text end. Specialty pharmacy products are defined as those
used by a small number of recipients or recipients with complex and chronic diseases that
require expensive and challenging drug regimens. Examples of these conditions include,
but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis C, growth
hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms of cancer.
Specialty pharmaceutical products include injectable and infusion therapies, biotechnology
drugs, antihemophilic factor products, high-cost therapies, and therapies that require complex
care. The commissioner shall consult with the formulary committee to develop a list of
specialty pharmacy products subject to deleted text beginthis paragraphdeleted text endnew text begin maximum allowable cost
reimbursement
new text end. In consulting with the formulary committee in developing this list, the
commissioner shall take into consideration the population served by specialty pharmacy
products, the current delivery system and standard of care in the state, and access to care
issues. The commissioner shall have the discretion to adjust the deleted text beginreimbursement ratedeleted text endnew text begin maximum
allowable cost
new text end to prevent access to care issues.

(g) Home infusion therapy services provided by home infusion therapy pharmacies must
be paid at rates according to subdivision 8d.

Sec. 11.

Minnesota Statutes 2016, section 256B.0625, subdivision 13f, is amended to read:


Subd. 13f.

Prior authorization.

(a) The Formulary Committee shall review and
recommend drugs which require prior authorization. The Formulary Committee shall
establish general criteria to be used for the prior authorization of brand-name drugs for
which generically equivalent drugs are available, but the committee is not required to review
each brand-name drug for which a generically equivalent drug is available.

(b) Prior authorization may be required by the commissioner before certain formulary
drugs are eligible for payment. The Formulary Committee may recommend drugs for prior
authorization directly to the commissioner. The commissioner may also request that the
Formulary Committee review a drug for prior authorization. Before the commissioner may
require prior authorization for a drug:

(1) the commissioner must provide information to the Formulary Committee on the
impact that placing the drug on prior authorization may have on the quality of patient care
and on program costs, information regarding whether the drug is subject to clinical abuse
or misuse, and relevant data from the state Medicaid program if such data is available;

(2) the Formulary Committee must review the drug, taking into account medical and
clinical data and the information provided by the commissioner; and

(3) the Formulary Committee must hold a public forum and receive public comment for
an additional 15 days.

The commissioner must provide a 15-day notice period before implementing the prior
authorization.

(c) Except as provided in subdivision 13j, prior authorization shall not be required or
utilized for any atypical antipsychotic drug prescribed for the treatment of mental illness
if:

(1) there is no generically equivalent drug available; and

(2) the drug was initially prescribed for the recipient prior to July 1, 2003; or

(3) the drug is part of the recipient's current course of treatment.

This paragraph applies to any multistate preferred drug list or supplemental drug rebate
program established or administered by the commissioner. Prior authorization shall
automatically be granted for 60 days for brand name drugs prescribed for treatment of mental
illness within 60 days of when a generically equivalent drug becomes available, provided
that the brand name drug was part of the recipient's course of treatment at the time the
generically equivalent drug became available.

deleted text begin (d) Prior authorization shall not be required or utilized for any antihemophilic factor
drug prescribed for the treatment of hemophilia and blood disorders where there is no
generically equivalent drug available if the prior authorization is used in conjunction with
any supplemental drug rebate program or multistate preferred drug list established or
administered by the commissioner.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end The commissioner may require prior authorization for brand name drugs whenever
a generically equivalent product is available, even if the prescriber specifically indicates
"dispense as written-brand necessary" on the prescription as required by section 151.21,
subdivision 2
.

deleted text begin (f)deleted text endnew text begin (e)new text end Notwithstanding this subdivision, the commissioner may automatically require
prior authorization, for a period not to exceed 180 days, for any drug that is approved by
the United States Food and Drug Administration on or after July 1, 2005. The 180-day
period begins no later than the first day that a drug is available for shipment to pharmacies
within the state. The Formulary Committee shall recommend to the commissioner general
criteria to be used for the prior authorization of the drugs, but the committee is not required
to review each individual drug. In order to continue prior authorizations for a drug after the
180-day period has expired, the commissioner must follow the provisions of this subdivision.

Sec. 12.

Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 17d. new text end

new text begin Transportation services oversight. new text end

new text begin The commissioner shall contract with
a vendor or dedicate staff for oversight of providers of nonemergency medical transportation
services pursuant to the commissioner's authority in section 256B.04 and Minnesota Rules,
parts 9505.2160 to 9505.2245.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 13.

Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 17e. new text end

new text begin Transportation provider termination. new text end

new text begin (a) A terminated nonemergency
medical transportation provider, including all named individuals on the current enrollment
disclosure form and known or discovered affiliates of the nonemergency medical
transportation provider, is not eligible to enroll as a nonemergency medical transportation
provider for five years following the termination.
new text end

new text begin (b) After the five-year period in paragraph (a), if a provider seeks to reenroll as a
nonemergency medical transportation provider, the nonemergency medical transportation
provider must be placed on a one-year probation period. During a provider's probation
period, the commissioner shall complete unannounced site visits and request documentation
to review compliance with program requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 14.

Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 17f. new text end

new text begin Transportation provider training. new text end

new text begin The commissioner shall make available
to providers of nonemergency medical transportation and all drivers training materials and
online training opportunities regarding documentation requirements, documentation
procedures, and penalties for failing to meet documentation requirements.
new text end

Sec. 15.

new text begin [256B.758] REIMBURSEMENT FOR DOULA SERVICES.
new text end

new text begin Effective for services provided on or after July 1, 2018, payments for doula services
provided by a certified doula shall be $47 per prenatal or postpartum visit, up to a total of
six visits; and $488 for attending and providing doula services at a birth.
new text end

Sec. 16. new text beginCOVERED OUTPATIENT DRUG RULE.
new text end

new text begin The commissioner of human services shall collaborate with the Minnesota Hospital
Association, the Minnesota Pharmacists Association, the Minnesota College of Pharmacy,
and other affected stakeholders to assess the impact of implementing the federal 2017
Covered Outpatient Drug Rule and develop a proposal to minimize negative impacts to
medical assistance enrollees and providers. The commissioner shall report the proposal to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance by February 15, 2019.
new text end

Sec. 17. new text beginPAIN MANAGEMENT.
new text end

new text begin (a) The Health Services Policy Committee established under Minnesota Statutes, section
256B.0625, subdivision 3c, shall evaluate and make recommendations on the integration
of nonpharmacologic pain management that are clinically viable and sustainable; reduce or
eliminate chronic pain conditions; improve functional status; and prevent addiction and
reduce dependence on opiates or other pain medications. The recommendations must be
based on best practices for the effective treatment of musculoskeletal pain provided by
health practitioners identified in paragraph (b), and covered under medical assistance. Each
health practitioner represented under paragraph (b) shall present the minimum best integrated
practice recommendations, policies, and scientific evidence for nonpharmacologic treatment
options for eliminating pain and improving functional status within their full professional
scope. Recommendations for integration of services may include guidance regarding
screening for co-occurring behavioral health diagnoses; protocols for communication between
all providers treating a unique individual, including protocols for follow-up; and universal
mechanisms to assess improvements in functional status.
new text end

new text begin (b) In evaluating and making recommendations, the Health Services Policy Committee
shall consult and collaborate with the following health practitioners: acupuncture practitioners
licensed under Minnesota Statutes, chapter 147B; chiropractors licensed under Minnesota
Statutes, sections 148.01 to 148.10; physical therapists licensed under Minnesota Statutes,
sections 148.68 to 148.78; medical and osteopathic physicians licensed under Minnesota
Statutes, chapter 147, and advanced practice registered nurses licensed under Minnesota
Statutes, sections 148.171 to 148.285, with experience in providing primary care
collaboratively within a multidisciplinary team of health care practitioners who employ
nonpharmacologic pain therapies; and psychologists licensed under Minnesota Statutes,
section 148.907.
new text end

new text begin (c) The commissioner shall submit a progress report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance by January 15, 2019, and shall report final recommendations by August
1, 2019. The final report may also contain recommendations for developing and implementing
a pilot program to assess the clinical viability, sustainability, and effectiveness of integrated
nonpharmacologic, multidisciplinary treatments for managing musculoskeletal pain and
improving functional status.
new text end

Sec. 18. new text beginCONTRACT TO RECOVER THIRD-PARTY LIABILITY.
new text end

new text begin The commissioner shall contract with a vendor to implement a health insurance third-party
liability recovery program for medical assistance and MinnesotaCare. Under the terms of
the contract, the vendor shall be reimbursed using a percentage of the funds recovered. All
money recovered that remains after reimbursement of the vendor and the return of any
federal funds is available for operation of the medical assistance and MinnesotaCare
programs. The use of this money must be authorized in law by the legislature.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 19. new text beginMINNESOTA HEALTH POLICY COMMISSION; FIRST
APPOINTMENTS; FIRST MEETING.
new text end

new text begin The Health Policy Commission Advisory Council shall make its recommendations under
Minnesota Statutes, section 62J.90, subdivision 9, for candidates to serve on the Minnesota
Health Policy Commission to the Legislative Coordinating Commission by September 30,
2018. The Legislative Coordinating Commission shall make the first appointments of public
members to the Minnesota Health Policy Commission under Minnesota Statutes, section
62J.90, by January 15, 2019. The Legislative Coordinating Commission shall designate five
members to serve terms that are coterminous with the governor and six members to serve
terms that end on the first Monday in January one year after the terms of the other members
conclude. The director of the Legislative Coordinating Commission shall convene the first
meeting of the Minnesota Health Policy Commission by June 15, 2019, and shall act as the
chair until the commission elects a chair at its first meeting.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 31c, new text end new text begin is repealed.
new text end

ARTICLE 35

HEALTH DEPARTMENT

Section 1.

Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 2, is
amended to read:


Subd. 2.

Boring.

"Boring" means a hole or excavation that deleted text beginis not used to extract water
deleted text enddeleted text begin anddeleted text end includes exploratory borings, bored geothermal heat exchangers, new text begintemporary borings,
new text end and elevator borings.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 8a, is amended
to read:


Subd. 8a.

Environmental well.

"Environmental well" means an excavation 15 or more
feet in depth that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed
to:

(1) conduct physical, chemical, or biological testing of groundwater, and includes a
groundwater quality monitoring or sampling well;

(2) lower a groundwater level to control or remove contamination in groundwater, and
includes a remedial well and excludes horizontal trenches; or

(3) monitor or measure physical, chemical, radiological, or biological parameters of the
earth and earth fluids, or for vapor recovery or venting systems. An environmental well
includes an excavation used to:

(i) measure groundwater levels, including a piezometer;

(ii) determine groundwater flow direction or velocity;

(iii) measure earth properties such as hydraulic conductivity, bearing capacity, or
resistance;

(iv) obtain samples of geologic materials for testing or classification; or

(v) remove or remediate pollution or contamination from groundwater or soil through
the use of a vent, vapor recovery system, or sparge point.

new text begin An environmental well does not include an exploratory boring.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 17a, is amended
to read:


Subd. 17a.

Temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

deleted text begin "Temporary environmental well"
means an environmental well as defined in section 103I.005, subdivision 8a, that is sealed
within 72 hours of the time construction on the well begins.
deleted text end new text begin "Temporary boring" means an
excavation that is 15 feet or more in depth that is sealed within 72 hours of the start of
construction and is drilled, cored, washed, driven, dug, jetted, or otherwise constructed to:
new text end

new text begin (1) conduct physical, chemical, or biological testing of groundwater, including
groundwater quality monitoring;
new text end

new text begin (2) monitor or measure physical, chemical, radiological, or biological parameters of
earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or
resistance;
new text end

new text begin (3) measure groundwater levels, including use of a piezometer;
new text end

new text begin (4) determine groundwater flow direction or velocity; or
new text end

new text begin (5) collect samples of geologic materials for testing or classification, or soil vapors for
testing or extraction.
new text end

Sec. 4.

Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 1, is amended
to read:


Subdivision 1.

Notification required.

(a) Except as provided in paragraph (d), a person
may not construct a water-supply, dewatering, or environmental well until a notification of
the proposed well on a form prescribed by the commissioner is filed with the commissioner
with the filing fee in section 103I.208, and, when applicable, the person has met the
requirements of paragraph (e). If after filing the well notification an attempt to construct a
well is unsuccessful, a new notification is not required unless the information relating to
the successful well has substantially changed. A notification is not required prior to
construction of a temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

(b) The property owner, the property owner's agent, or the licensed contractor where a
well is to be located must file the well notification with the commissioner.

(c) The well notification under this subdivision preempts local permits and notifications,
and counties or home rule charter or statutory cities may not require a permit or notification
for wells unless the commissioner has delegated the permitting or notification authority
under section 103I.111.

(d) A person who is an individual that constructs a drive point water-supply well on
property owned or leased by the individual for farming or agricultural purposes or as the
individual's place of abode must notify the commissioner of the installation and location of
the well. The person must complete the notification form prescribed by the commissioner
and mail it to the commissioner by ten days after the well is completed. A fee may not be
charged for the notification. A person who sells drive point wells at retail must provide
buyers with notification forms and informational materials including requirements regarding
wells, their location, construction, and disclosure. The commissioner must provide the
notification forms and informational materials to the sellers.

(e) When the operation of a well will require an appropriation permit from the
commissioner of natural resources, a person may not begin construction of the well until
the person submits the following information to the commissioner of natural resources:

(1) the location of the well;

(2) the formation or aquifer that will serve as the water source;

(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will be
requested in the appropriation permit; and

(4) other information requested by the commissioner of natural resources that is necessary
to conduct the preliminary assessment required under section 103G.287, subdivision 1,
paragraph (c).

The person may begin construction after receiving preliminary approval from the
commissioner of natural resources.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 4, is amended
to read:


Subd. 4.

License required.

(a) Except as provided in paragraph (b), (c), (d), or (e),
section 103I.401, subdivision 2, or 103I.601, subdivision 2, a person may not drill, construct,
repair, or seal a well or boring unless the person has a well contractor's license in possession.

(b) A person may construct, repair, and seal an environmental well new text beginor temporary boring
new text end if the person:

(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches
of civil or geological engineering;

(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;

(3) is a professional geoscientist licensed under sections 326.02 to 326.15;

(4) is a geologist certified by the American Institute of Professional Geologists; or

(5) meets the qualifications established by the commissioner in rule.

A person must be licensed by the commissioner as an environmental well contractor on
forms provided by the commissioner.

(c) A person may do the following work with a limited well/boring contractor's license
in possession. A separate license is required for each of the four activities:

(1) installing, repairing, and modifying well screens, pitless units and pitless adaptors,
well pumps and pumping equipment, and well casings from the pitless adaptor or pitless
unit to the upper termination of the well casing;

(2) sealing wells and borings;

(3) constructing, repairing, and sealing dewatering wells; or

(4) constructing, repairing, and sealing bored geothermal heat exchangers.

(d) A person may construct, repair, and seal an elevator boring with an elevator boring
contractor's license.

(e) Notwithstanding other provisions of this chapter requiring a license, a license is not
required for a person who complies with the other provisions of this chapter if the person
is:

(1) an individual who constructs a water-supply well on land that is owned or leased by
the individual and is used by the individual for farming or agricultural purposes or as the
individual's place of abode;new text begin or
new text end

(2) an individual who performs labor or services for a contractor licensed under the
provisions of this chapter in connection with the construction, sealing, or repair of a well
or boring at the direction and under the personal supervision of a contractor licensed under
the provisions of this chapterdeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (3) a licensed plumber who is repairing submersible pumps or water pipes associated
with well water systems if: (i) the repair location is within an area where there is no licensed
well contractor within 50 miles, and (ii) the licensed plumber complies with all relevant
sections of the plumbing code.
deleted text end

Sec. 6.

Minnesota Statutes 2016, section 103I.205, subdivision 9, is amended to read:


Subd. 9.

Report of work.

Within deleted text begin30deleted text endnew text begin 60new text end days after completion or sealing of a well or
boring, the person doing the work must submit a verified report to the commissioner
containing the information specified by rules adopted under this chapter.

Within 30 days after receiving the report, the commissioner shall send or otherwise
provide access to a copy of the report to the commissioner of natural resources, to the local
soil and water conservation district where the well is located, and to the director of the
Minnesota Geological Survey.

Sec. 7.

Minnesota Statutes 2017 Supplement, section 103I.208, subdivision 1, is amended
to read:


Subdivision 1.

Well notification fee.

The well notification fee to be paid by a property
owner is:

(1) for construction of a water supply well, $275, which includes the state core function
fee;

(2) for a well sealing, $75 for each wellnew text begin or boringnew text end, which includes the state core function
fee, except that a single fee of $75 is required for all temporary deleted text beginenvironmental wellsdeleted text endnew text begin boringsnew text end
recorded on the sealing notification for a single propertydeleted text begin, having depths within a 25 foot
range, and
deleted text end sealed within 72 hours of start of constructionnew text begin, except that temporary borings
less than 25 feet in depth are exempt from the notification and fee requirements in this
chapter
new text end;

(3) for construction of a dewatering well, $275, which includes the state core function
fee, for each dewatering well except a dewatering project comprising five or more dewatering
wells shall be assessed a single fee of $1,375 for the dewatering wells recorded on the
notification; and

(4) for construction of an environmental well, $275, which includes the state core function
fee, except that a single fee of $275 is required for all environmental wells recorded on the
notification that are located on a single property, and except that no fee is required for
construction of a temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end.

Sec. 8.

Minnesota Statutes 2017 Supplement, section 103I.235, subdivision 3, is amended
to read:


Subd. 3.

Temporary deleted text beginenvironmental welldeleted text endnew text begin boringnew text end and unsuccessful well exemption.

This section does not apply to temporary deleted text beginenvironmental wellsdeleted text endnew text begin boringsnew text end or unsuccessful wells
that have been sealed by a licensed contractor in compliance with this chapter.

Sec. 9.

Minnesota Statutes 2016, section 103I.301, subdivision 6, is amended to read:


Subd. 6.

Notification required.

A person may not seal a well new text beginor boring new text enduntil a notification
of the proposed sealing is filed as prescribed by the commissioner.new text begin Temporary borings less
than 25 feet in depth are exempt from the notification requirements in this chapter.
new text end

Sec. 10.

Minnesota Statutes 2017 Supplement, section 103I.601, subdivision 4, is amended
to read:


Subd. 4.

Notification and map of borings.

(a) By ten days before beginning exploratory
boring, an explorer must submit to the commissioner of health a notification of the proposed
boring deleted text beginon a form prescribed by the commissioner,deleted text endnew text begin mapnew text end and a fee of $275 deleted text beginfor each exploratory
boring
deleted text end.

(b) By ten days before beginning exploratory boring, an explorer must submit to the
commissioners of health and natural resources a county road map new text beginon a single sheet of paper
that is 8-1/2 inches by 11 inches in size and
new text end having a scale of one-half inch equal to one
mile, as prepared by the Department of Transportation, or a 7.5 minute series topographic
map (1:24,000 scale), as prepared by the United States Geological Survey, showing the
location of each proposed exploratory boring to the nearest estimated 40 acre parcel.
Exploratory boring that is proposed on the map may not be commenced later than 180 days
after submission of the map, unless a new map is submitted.

Sec. 11.

new text begin [137.68] ADVISORY COUNCIL ON RARE DISEASES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Board of Regents of the University of Minnesota is
requested to establish an advisory council on rare diseases to provide advice on research,
diagnosis, treatment, and education related to rare diseases. For purposes of this section,
"rare disease" has the meaning given in United States Code, title 21, section 360bb. The
council shall be called the Chloe Barnes Advisory Council on Rare Diseases.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The advisory council may consist of public members appointed
by the Board of Regents or a designee according to paragraph (b) and four members of the
legislature appointed according to paragraph (c).
new text end

new text begin (b) The Board of Regents or a designee is requested to appoint the following public
members:
new text end

new text begin (1) three physicians licensed and practicing in the state with experience researching,
diagnosing, or treating rare diseases;
new text end

new text begin (2) one registered nurse or advanced practice registered nurse licensed and practicing
in the state with experience treating rare diseases;
new text end

new text begin (3) at least two hospital administrators, or their designees, from hospitals in the state
that provide care to persons diagnosed with a rare disease. One administrator or designee
appointed under this clause must represent a hospital in which the scope of service focuses
on rare diseases of pediatric patients;
new text end

new text begin (4) three persons age 18 or older who either have a rare disease or are a caregiver of a
person with a rare disease;
new text end

new text begin (5) a representative of a rare disease patient organization that operates in the state;
new text end

new text begin (6) a social worker with experience providing services to persons diagnosed with a rare
disease;
new text end

new text begin (7) a pharmacist with experience with drugs used to treat rare diseases;
new text end

new text begin (8) a dentist licensed and practicing in the state with experience treating rare diseases;
new text end

new text begin (9) a representative of the biotechnology industry;
new text end

new text begin (10) a representative of health plan companies;
new text end

new text begin (11) a medical researcher with experience conducting research on rare diseases;
new text end

new text begin (12) a genetic counselor with experience providing services to persons diagnosed with
a rare disease or caregivers of those persons; and
new text end

new text begin (13) other public members, who may serve on an ad hoc basis.
new text end

new text begin (c) The advisory council shall include two members of the senate, one appointed by the
majority leader and one appointed by the minority leader; and two members of the house
of representatives, one appointed by the speaker of the house and one appointed by the
minority leader.
new text end

new text begin (d) The commissioner of health or a designee, a representative of Mayo Medical School,
and a representative of the University of Minnesota Medical School, shall serve as ex officio,
nonvoting members of the advisory council.
new text end

new text begin (e) Initial appointments to the advisory council shall be made no later than July 1, 2018.
Members appointed according to paragraph (b) shall serve for a term of three years, except
that the initial members appointed according to paragraph (b) shall have an initial term of
two, three, or four years determined by lot by the chairperson. Members appointed according
to paragraph (b) shall serve until their successors have been appointed.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The Board of Regents or a designee is requested to convene the first
meeting of the advisory council no later than September 1, 2018. The advisory council shall
meet at the call of the chairperson or at the request of a majority of advisory council members.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin (a) The advisory council's duties may include, but are not limited to:
new text end

new text begin (1) in conjunction with the state's medical schools, the state's schools of public health,
and hospitals in the state that provide care to persons diagnosed with a rare disease,
developing resources or recommendations relating to quality of and access to treatment and
services in the state for persons with a rare disease, including but not limited to:
new text end

new text begin (i) a list of existing, publicly accessible resources on research, diagnosis, treatment, and
education relating to rare diseases;
new text end

new text begin (ii) identifying best practices for rare disease care implemented in other states, at the
national level, and at the international level, that will improve rare disease care in the state
and seeking opportunities to partner with similar organizations in other states and countries;
new text end

new text begin (iii) identifying problems faced by patients with a rare disease when changing health
plans, including recommendations on how to remove obstacles faced by these patients to
finding a new health plan and how to improve the ease and speed of finding a new health
plan that meets the needs of patients with a rare disease; and
new text end

new text begin (iv) identifying best practices to ensure health care providers are adequately informed
of the most effective strategies for recognizing and treating rare diseases; and
new text end

new text begin (2) advising, consulting, and cooperating with the Department of Health, the Advisory
Committee on Heritable and Congenital Disorders, and other agencies of state government
in developing information and programs for the public and the health care community
relating to diagnosis, treatment, and awareness of rare diseases.
new text end

new text begin (b) The advisory council shall collect additional topic areas for study and evaluation
from the general public. In order for the advisory council to study and evaluate a topic, the
topic must be approved for study and evaluation by the advisory council.
new text end

new text begin Subd. 5. new text end

new text begin Conflict of interest. new text end

new text begin Advisory council members are subject to the Board of
Regents policy on conflicts of interest.
new text end

new text begin Subd. 6. new text end

new text begin Annual report. new text end

new text begin By January 1 of each year, beginning January 1, 2019, the
advisory council shall report to the chairs and ranking minority members of the legislative
committees with jurisdiction over higher education and health care policy on the advisory
council's activities under subdivision 4 and other issues on which the advisory council may
choose to report.
new text end

Sec. 12.

Minnesota Statutes 2016, section 144.121, subdivision 1a, is amended to read:


Subd. 1a.

Fees for ionizing radiation-producing equipment.

(a) A facility with ionizing
radiation-producing equipment must pay an annual initial or annual renewal registration
fee consisting of a base facility fee of $100 and an additional fee for each radiation source,
as follows:

(1)
medical or veterinary equipment
$
100
(2)
dental x-ray equipment
$
40
(3)
x-ray equipment not used on
humans or animals
$
100
(4)
devices with sources of ionizing
radiation not used on humans or
animals
$
100
new text begin (5)
new text end
new text begin security screening system
new text end
new text begin $
new text end
new text begin 100
new text end

(b) A facility with radiation therapy and accelerator equipment must pay an annual
registration fee of $500. A facility with an industrial accelerator must pay an annual
registration fee of $150.

(c) Electron microscopy equipment is exempt from the registration fee requirements of
this section.

new text begin (d) For purposes of this section, a security screening system means radiation-producing
equipment designed and used for security screening of humans who are in custody of a
correctional or detention facility, and is used by the facility to image and identify contraband
items concealed within or on all sides of a human body. For purposes of this section, a
correctional or detention facility is a facility licensed by the commissioner of corrections
under section 241.021, and operated by a state agency or political subdivision charged with
detection, enforcement, or incarceration in respect to state criminal and traffic laws.
new text end

Sec. 13.

Minnesota Statutes 2016, section 144.121, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Exemption from examination requirements; operators of security screening
systems.
new text end

new text begin (a) An employee of a correctional or detention facility who operates a security
screening system and the facility in which the system is being operated are exempt from
the requirements of subdivisions 5 and 6.
new text end

new text begin (b) An employee of a correctional or detention facility who operates a security screening
system and the facility in which the system is being operated must meet the requirements
of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota
Rules, parts 4717.7000 to 4717.7050. This paragraph expires on December 31 of the year
that the permanent rules adopted by the commissioner governing security screening systems
are published in the State Register.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2016, section 144.1506, subdivision 2, is amended to read:


Subd. 2.

Expansion grant program.

(a) The commissioner of health shall award primary
care residency expansion grants to eligible primary care residency programs to plan and
implement new residency slots. A planning grant shall not exceed $75,000, and a training
grant shall not exceed $150,000 per new residency slot for the first year, $100,000 for the
second year, and $50,000 for the third year of the new residency slot.new text begin For eligible residency
programs longer than three years, training grants may be awarded for the duration of the
residency, not exceeding an average of $100,000 per residency slot per year.
new text end

(b) Funds may be spent to cover the costs of:

(1) planning related to establishing an accredited primary care residency program;

(2) obtaining accreditation by the Accreditation Council for Graduate Medical Education
or another national body that accredits residency programs;

(3) establishing new residency programs or new resident training slots;

(4) recruitment, training, and retention of new residents and faculty;

(5) travel and lodging for new residents;

(6) faculty, new resident, and preceptor salaries related to new residency slots;

(7) training site improvements, fees, equipment, and supplies required for new primary
care resident training slots; and

(8) supporting clinical education in which trainees are part of a primary care team model.

Sec. 15.

Minnesota Statutes 2016, section 144.225, subdivision 2, is amended to read:


Subd. 2.

Data about births.

(a) Except as otherwise provided in this subdivision, data
pertaining to the birth of a child to a woman who was not married to the child's father when
the child was conceived nor when the child was born, including the original record of birth
and the certified vital record, are confidential data. At the time of the birth of a child to a
woman who was not married to the child's father when the child was conceived nor when
the child was born, the mother may designate demographic data pertaining to the birth as
public. Notwithstanding the designation of the data as confidential, it may be disclosed:

(1) to a parent or guardian of the child;

(2) to the child when the child is 16 years of age or older;

(3) under paragraph (b) or (e); or

(4) pursuant to a court order. For purposes of this section, a subpoena does not constitute
a court order.

(b) Unless the child is adopted, data pertaining to the birth of a child that are not accessible
to the public become public data if 100 years have elapsed since the birth of the child who
is the subject of the data, or as provided under section 13.10, whichever occurs first.

(c) If a child is adopted, data pertaining to the child's birth are governed by the provisions
relating to adoption records, including sections 13.10, subdivision 5; 144.218, subdivision
1
; 144.2252; and 259.89.

(d) The name and address of a mother under paragraph (a) and the child's date of birth
may be disclosed to the county social servicesnew text begin, tribal health department,new text end or public health
member of a family services collaborative for purposes of providing services under section
124D.23.

(e) The commissioner of human services shall have access to birth records for:

(1) the purposes of administering medical assistance and the MinnesotaCare program;

(2) child support enforcement purposes; and

(3) other public health purposes as determined by the commissioner of health.

new text begin (f) Tribal child support programs shall have access to birth records for child support
enforcement purposes.
new text end

Sec. 16.

Minnesota Statutes 2016, section 144.225, subdivision 2a, is amended to read:


Subd. 2a.

Health data associated with birth registration.

Information from which an
identification of risk for disease, disability, or developmental delay in a mother or child can
be made, that is collected in conjunction with birth registration or fetal death reporting, is
private data as defined in section 13.02, subdivision 12. The commissioner may disclose to
a new text begintribal health department or new text endcommunity health board, as defined in section 145A.02,
subdivision 5
, health data associated with birth registration which identifies a mother or
child at high risk for serious disease, disability, or developmental delay in order to assure
access to appropriate health, social, or educational services. Notwithstanding the designation
of the private data, the commissioner of human services shall have access to health data
associated with birth registration for:

(1) purposes of administering medical assistance and the MinnesotaCare program; and

(2) for other public health purposes as determined by the commissioner of health.

Sec. 17.

Minnesota Statutes 2016, section 144.225, subdivision 7, is amended to read:


Subd. 7.

Certified birth or death record.

(a) The state registrar or local issuance office
shall issue a certified birth or death record or a statement of no vital record found to an
individual upon the individual's proper completion of an attestation provided by the
commissioner and payment of the required fee:

(1) to a person who has a tangible interest in the requested vital record. A person who
has a tangible interest is:

(i) the subject of the vital record;

(ii) a child of the subject;

(iii) the spouse of the subject;

(iv) a parent of the subject;

(v) the grandparent or grandchild of the subject;

(vi) if the requested record is a death record, a sibling of the subject;

(vii) the party responsible for filing the vital record;

(viii) the legal custodian, guardian or conservator, or health care agent of the subject;

(ix) a personal representative, by sworn affidavit of the fact that the certified copy is
required for administration of the estate;

(x) a successor of the subject, as defined in section 524.1-201, if the subject is deceased,
by sworn affidavit of the fact that the certified copy is required for administration of the
estate;

(xi) if the requested record is a death record, a trustee of a trust by sworn affidavit of
the fact that the certified copy is needed for the proper administration of the trust;

(xii) a person or entity who demonstrates that a certified vital record is necessary for the
determination or protection of a personal or property right, pursuant to rules adopted by the
commissioner; or

(xiii) an adoption agency in order to complete confidential postadoption searches as
required by section 259.83;

(2) to any local, state, new text begintribal, new text endor federal governmental agency upon request if the certified
vital record is necessary for the governmental agency to perform its authorized duties;

(3) to an attorney upon evidence of the attorney's license;

(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes
of this section, a subpoena does not constitute a court order; or

(5) to a representative authorized by a person under clauses (1) to (4).

(b) The state registrar or local issuance office shall also issue a certified death record to
an individual described in paragraph (a), clause (1), items (ii) to (viii), if, on behalf of the
individual, a licensed mortician furnishes the registrar with a properly completed attestation
in the form provided by the commissioner within 180 days of the time of death of the subject
of the death record. This paragraph is not subject to the requirements specified in Minnesota
Rules, part 4601.2600, subpart 5, item B.

Sec. 18.

new text begin [144.397] STATEWIDE TOBACCO CESSATION SERVICES.
new text end

new text begin (a) The commissioner of health shall administer, or contract for the administration of,
statewide tobacco cessation services to assist Minnesotans who are seeking advice or services
to help them quit using tobacco products. The commissioner shall establish statewide public
awareness activities to inform the public of the availability of the services and encourage
the public to utilize the services because of the dangers and harm of tobacco use and
dependence.
new text end

new text begin (b) Services to be provided may include, but are not limited to:
new text end

new text begin (1) telephone-based coaching and counseling;
new text end

new text begin (2) referrals;
new text end

new text begin (3) written materials mailed upon request;
new text end

new text begin (4) Web-based texting or e-mail services; and
new text end

new text begin (5) free Food and Drug Administration-approved tobacco cessation medications.
new text end

new text begin (c) Services provided must be consistent with evidence-based best practices in tobacco
cessation services. Services provided must be coordinated with employer, health plan
company, and private sector tobacco prevention and cessation services that may be available
to individuals depending on their employment or health coverage.
new text end

Sec. 19.

Minnesota Statutes 2016, section 144A.43, subdivision 11, is amended to read:


Subd. 11.

Medication administration.

"Medication administration" means performing
a set of tasks deleted text beginto ensure a client takes medications, and includesdeleted text endnew text begin that includenew text end the following:

(1) checking the client's medication record;

(2) preparing the medication as necessary;

(3) administering the medication to the client;

(4) documenting the administration or reason for not administering the medication; and

(5) reporting to a new text beginregistered new text endnurse new text beginor appropriate licensed health professional new text endany concerns
about the medication, the client, or the client's refusal to take the medication.

Sec. 20.

Minnesota Statutes 2016, section 144A.43, is amended by adding a subdivision
to read:


new text begin Subd. 12a. new text end

new text begin Medication reconciliation. new text end

new text begin "Medication reconciliation" means the process
of identifying the most accurate list of all medications the client is taking, including the
name, dosage, frequency, and route by comparing the client record to an external list of
medications obtained from the client, hospital, prescriber, or other provider.
new text end

Sec. 21.

Minnesota Statutes 2016, section 144A.43, subdivision 27, is amended to read:


Subd. 27.

Service deleted text beginplandeleted text endnew text begin agreementnew text end.

"Service deleted text beginplandeleted text endnew text begin agreementnew text end" means the written deleted text beginplandeleted text endnew text begin
agreement
new text end between the client or client's representative and the temporary licensee or licensee
about the services that will be provided to the client.

Sec. 22.

Minnesota Statutes 2016, section 144A.43, subdivision 30, is amended to read:


Subd. 30.

Standby assistance.

"Standby assistance" means the presence of another
person deleted text beginwithin arm's reach to minimize the risk of injury while performing daily activities
through physical intervention or cuing
deleted text endnew text begin to assist a client with an assistive task by providing
cues, oversight, and minimal physical assistance
new text end.

Sec. 23.

Minnesota Statutes 2016, section 144A.472, subdivision 5, is amended to read:


Subd. 5.

deleted text beginTransfers prohibited;deleted text end Changes in ownership.

deleted text beginAnydeleted text end new text begin(a) A new text endhome care license
issued by the commissioner may not be transferred to another party. Before acquiring
ownership of new text beginor a controlling interest in new text enda home care provider business, a prospective
deleted text begin applicantdeleted text endnew text begin ownernew text end must apply for a new deleted text begintemporarydeleted text end license. A change of ownership is a transfer
of operational control deleted text beginto a different business entitydeleted text end new text beginof the home care provider business new text endand
includes:

(1) transfer of the business to a different or new corporation;

(2) in the case of a partnership, the dissolution or termination of the partnership under
chapter 323A, with the business continuing by a successor partnership or other entity;

(3) relinquishment of control of the provider to another party, including to a contract
management firm that is not under the control of the owner of the business' assets;

(4) transfer of the business by a sole proprietor to another party or entity; or

(5) deleted text beginin the case of a privately held corporation, the change indeleted text endnew text begin transfer ofnew text end ownership or
control of 50 percent or more of the deleted text beginoutstanding voting stockdeleted text endnew text begin controlling interest of a home
care provider business not covered by clauses (1) to (4)
new text end.

new text begin (b) An employee who was employed by the previous owner of the home care provider
business prior to the effective date of a change in ownership under paragraph (a), and who
will be employed by the new owner in the same or a similar capacity, shall be treated as if
no change in employer occurred, with respect to orientation, training, tuberculosis testing,
background studies, and competency testing and training on the policies identified in
subdivision 1, clause (14), and subdivision 2, if applicable.
new text end

new text begin (c) Notwithstanding paragraph (b), a new owner of a home care provider business must
ensure that employees of the provider receive and complete training and testing on any
provisions of policies that differ from those of the previous owner, within 90 days after the
date of the change in ownership.
new text end

Sec. 24.

Minnesota Statutes 2017 Supplement, section 144A.472, subdivision 7, is amended
to read:


Subd. 7.

Fees; application, change of ownership, and renewal.

(a) An initial applicant
seeking temporary home care licensure must submit the following application fee to the
commissioner along with a completed application:

(1) for a basic home care provider, $2,100; or

(2) for a comprehensive home care provider, $4,200.

(b) A home care provider who is filing a change of ownership as required under
subdivision 5 must submit the following application fee to the commissioner, along with
the documentation required for the change of ownership:

(1) for a basic home care provider, $2,100; or

(2) for a comprehensive home care provider, $4,200.

(c) For the period ending June 30, 2018, a home care provider who is seeking to renew
the provider's license shall pay a fee to the commissioner based on revenues derived from
the provision of home care services during the calendar year prior to the year in which the
application is submitted, according to the following schedule:

License Renewal Fee

Provider Annual Revenue
Fee
greater than $1,500,000
$6,625
greater than $1,275,000 and no more than
$1,500,000
$5,797
greater than $1,100,000 and no more than
$1,275,000
$4,969
greater than $950,000 and no more than
$1,100,000
$4,141
greater than $850,000 and no more than $950,000
$3,727
greater than $750,000 and no more than $850,000
$3,313
greater than $650,000 and no more than $750,000
$2,898
greater than $550,000 and no more than $650,000
$2,485
greater than $450,000 and no more than $550,000
$2,070
greater than $350,000 and no more than $450,000
$1,656
greater than $250,000 and no more than $350,000
$1,242
greater than $100,000 and no more than $250,000
$828
greater than $50,000 and no more than $100,000
$500
greater than $25,000 and no more than $50,000
$400
no more than $25,000
$200

(d) For the period between July 1, 2018, and June 30, 2020, a home care provider who
is seeking to renew the provider's license shall pay a fee to the commissioner in an amount
that is ten percent higher than the applicable fee in paragraph (c). A home care provider's
fee shall be based on revenues derived from the provision of home care services during the
calendar year prior to the year in which the application is submitted.

(e) Beginning July 1, 2020, a home care provider who is seeking to renew the provider's
license shall pay a fee to the commissioner based on revenues derived from the provision
of home care services during the calendar year prior to the year in which the application is
submitted, according to the following schedule:

License Renewal Fee

Provider Annual Revenue
Fee
greater than $1,500,000
$7,651
greater than $1,275,000 and no more than
$1,500,000
$6,695
greater than $1,100,000 and no more than
$1,275,000
$5,739
greater than $950,000 and no more than
$1,100,000
$4,783
greater than $850,000 and no more than $950,000
$4,304
greater than $750,000 and no more than $850,000
$3,826
greater than $650,000 and no more than $750,000
$3,347
greater than $550,000 and no more than $650,000
$2,870
greater than $450,000 and no more than $550,000
$2,391
greater than $350,000 and no more than $450,000
$1,913
greater than $250,000 and no more than $350,000
$1,434
greater than $100,000 and no more than $250,000
$957
greater than $50,000 and no more than $100,000
$577
greater than $25,000 and no more than $50,000
$462
no more than $25,000
$231

(f) If requested, the home care provider shall provide the commissioner information to
verify the provider's annual revenues or other information as needed, including copies of
documents submitted to the Department of Revenue.

(g) At each annual renewal, a home care provider may elect to pay the highest renewal
fee for its license category, and not provide annual revenue information to the commissioner.

(h) A temporary license or license applicant, or temporary licensee or licensee that
knowingly provides the commissioner incorrect revenue amounts for the purpose of paying
a lower license fee, shall be subject to a civil penalty in the amount of double the fee the
provider should have paid.

(i)new text begin The fee for failure to comply with the notification requirements of section 144A.473,
subdivision 2, paragraph (c), is $1,000.
new text end

new text begin (j)new text end Fees and penalties collected under this section shall be deposited in the state treasury
and credited to the state government special revenue fund. All fees are nonrefundable. Fees
collected under paragraphs (c), (d), and (e) are nonrefundable even if received before July
1, 2017, for temporary licenses or licenses being issued effective July 1, 2017, or later.

Sec. 25.

Minnesota Statutes 2016, section 144A.473, is amended to read:


144A.473 ISSUANCE OF TEMPORARY LICENSE AND LICENSE RENEWAL.

Subdivision 1.

Temporary license and renewal of license.

(a) The department shall
review each application to determine the applicant's knowledge of and compliance with
Minnesota home care regulations. Before granting a temporary license or renewing a license,
the commissioner may further evaluate the applicant or licensee by requesting additional
information or documentation or by conducting an on-site survey of the applicant to
determine compliance with sections 144A.43 to 144A.482.

(b) Within 14 calendar days after receiving an application for a license, the commissioner
shall acknowledge receipt of the application in writing. The acknowledgment must indicate
whether the application appears to be complete or whether additional information is required
before the application will be considered complete.

(c) Within 90 days after receiving a complete application, the commissioner shall issue
a temporary license, renew the license, or deny the license.

(d) The commissioner shall issue a license that contains the home care provider's name,
address, license level, expiration date of the license, and unique license number. All licensesnew text begin,
except for temporary licenses issued under subdivision 2,
new text end are valid for new text beginup to new text endone year from
the date of issuance.

Subd. 2.

Temporary license.

(a) For new license applicants, the commissioner shall
issue a temporary license for either the basic or comprehensive home care level. A temporary
license is effective for up to one year from the date of issuancenew text begin, except that a temporary
license may be extended according to subdivision 3
new text end. Temporary licensees must comply with
sections 144A.43 to 144A.482.

(b) During the temporary license deleted text beginyeardeleted text endnew text begin periodnew text end, the commissioner shall survey the temporary
licensee new text beginwithin 90 calendar daysnew text end after the commissioner is notified or has evidence that the
temporary licensee is providing home care services.

(c) Within five days of beginning the provision of services, the temporary licensee must
notify the commissioner that it is serving clients. The notification to the commissioner may
be mailed or e-mailed to the commissioner at the address provided by the commissioner. If
the temporary licensee does not provide home care services during the temporary license
deleted text begin yeardeleted text endnew text begin periodnew text end, then the temporary license expires at the end of the deleted text beginyeardeleted text endnew text begin periodnew text end and the applicant
must reapply for a temporary home care license.

(d) A temporary licensee may request a change in the level of licensure prior to being
surveyed and granted a license by notifying the commissioner in writing and providing
additional documentation or materials required to update or complete the changed temporary
license application. The applicant must pay the difference between the application fees
when changing from the basic level to the comprehensive level of licensure. No refund will
be made if the provider chooses to change the license application to the basic level.

(e) If the temporary licensee notifies the commissioner that the licensee has clients within
45 days prior to the temporary license expiration, the commissioner may extend the temporary
license for up to 60 days in order to allow the commissioner to complete the on-site survey
required under this section and follow-up survey visits.

Subd. 3.

Temporary licensee survey.

(a) If the temporary licensee is in substantial
compliance with the survey, the commissioner shall issue either a basic or comprehensive
home care license. If the temporary licensee is not in substantial compliance with the survey,
the commissioner shall new text begineither: (1) new text endnot issue a deleted text beginbasic or comprehensivedeleted text end license and deleted text beginthere will
be no contested hearing right under chapter 14
deleted text endnew text begin terminate the temporary license; or (2) extend
the temporary license for a period not to exceed 90 days and apply conditions, as permitted
under section 144A.475, subdivision 2, to the extension of a temporary license. If the
temporary licensee is not in substantial compliance with the survey within the time period
of the extension, or if the temporary licensee does not satisfy the license conditions, the
commissioner may deny the license
new text end.

(b) If the temporary licensee whose basic or comprehensive license has been denied new text beginor
extended with conditions
new text enddisagrees with the conclusions of the commissioner, then the
new text begin temporary new text endlicensee may request a reconsideration by the commissioner or commissioner's
designee. The reconsideration request process must be conducted internally by the
commissioner or commissioner's designee, and chapter 14 does not apply.

(c) The temporary licensee requesting reconsideration must make the request in writing
and must list and describe the reasons why the new text begintemporary new text endlicensee disagrees with the decision
to deny the basic or comprehensive home care licensenew text begin or the decision to extend the temporary
license with conditions
new text end.

(d)new text begin The reconsideration request and supporting documentation must be received by the
commissioner within 15 calendar days after the date the temporary licensee receives the
correction order.
new text end

new text begin (e) A temporary licensee whose license is denied, is permitted to continue operating as
a home care provider during the period of time when:
new text end

new text begin (1) a reconsideration request is in process;
new text end

new text begin (2) an extension of a temporary license is being negotiated;
new text end

new text begin (3) the placement of conditions on a temporary license is being negotiated; or
new text end

new text begin (4) a transfer of home care clients from the temporary licensee to a new home care
provider is in process.
new text end

new text begin (f)new text end A temporary licensee whose license is denied must comply with the requirements
for notification and transfer of clients in section 144A.475, subdivision 5.

Sec. 26.

Minnesota Statutes 2016, section 144A.474, subdivision 2, is amended to read:


Subd. 2.

Types of home care surveys.

(a) "Initial full survey" means the survey of a
new temporary licensee conducted after the department is notified or has evidence that the
temporary licensee is providing home care services to determine if the provider is in
compliance with home care requirements. Initial full surveys must be completed within 14
months after the department's issuance of a temporary basic or comprehensive license.

(b)new text begin "Change in ownership survey" means a full survey of a new licensee due to a change
in ownership. Change in ownership surveys must be completed within six months after the
department's issuance of a new license due to a change in ownership.
new text end

new text begin (c)new text end "Core survey" means periodic inspection of home care providers to determine ongoing
compliance with the home care requirements, focusing on the essential health and safety
requirements. Core surveys are available to licensed home care providers who have been
licensed for three years and surveyed at least once in the past three years with the latest
survey having no widespread violations beyond Level 1 as provided in subdivision 11.
Providers must also not have had any substantiated licensing complaints, substantiated
complaints against the agency under the Vulnerable Adults Act or Maltreatment of Minors
Act, or an enforcement action as authorized in section 144A.475 in the past three years.

(1) The core survey for basic home care providers must review compliance in the
following areas:

(i) reporting of maltreatment;

(ii) orientation to and implementation of the home care bill of rights;

(iii) statement of home care services;

(iv) initial evaluation of clients and initiation of services;

(v) client review and monitoring;

(vi) service deleted text beginplandeleted text endnew text begin agreementnew text end implementation and changes to the service deleted text beginplandeleted text endnew text begin agreementnew text end;

(vii) client complaint and investigative process;

(viii) competency of unlicensed personnel; and

(ix) infection control.

(2) For comprehensive home care providers, the core survey must include everything
in the basic core survey plus these areas:

(i) delegation to unlicensed personnel;

(ii) assessment, monitoring, and reassessment of clients; and

(iii) medication, treatment, and therapy management.

deleted text begin (c)deleted text endnew text begin (d)new text end "Full survey" means the periodic inspection of home care providers to determine
ongoing compliance with the home care requirements that cover the core survey areas and
all the legal requirements for home care providers. A full survey is conducted for all
temporary licensees deleted text beginanddeleted text endnew text begin, for licensees that receive licenses due to an approved change in
ownership,
new text end for providers who do not meet the requirements needed for a core survey, and
when a surveyor identifies unacceptable client health or safety risks during a core survey.
A full survey must include all the tasks identified as part of the core survey and any additional
review deemed necessary by the department, including additional observation, interviewing,
or records review of additional clients and staff.

deleted text begin (d)deleted text endnew text begin (e)new text end "Follow-up surveys" means surveys conducted to determine if a home care
provider has corrected deficient issues and systems identified during a core survey, full
survey, or complaint investigation. Follow-up surveys may be conducted via phone, e-mail,
fax, mail, or on-site reviews. Follow-up surveys, other than complaint surveys, shall be
concluded with an exit conference and written information provided on the process for
requesting a reconsideration of the survey results.

deleted text begin (e)deleted text endnew text begin (f)new text end Upon receiving information alleging that a home care provider has violated or is
currently violating a requirement of sections 144A.43 to 144A.482, the commissioner shall
investigate the complaint according to sections 144A.51 to 144A.54.

Sec. 27.

Minnesota Statutes 2016, section 144A.475, subdivision 1, is amended to read:


Subdivision 1.

Conditions.

(a) The commissioner may refuse to grant a temporary
license, new text beginrefuse to grant a license as a result of a change in ownership, refuse to new text endrenew a
license, suspend or revoke a license, or impose a conditional license if the home care provider
or owner or managerial official of the home care provider:

(1) is in violation of, or during the term of the license has violated, any of the requirements
in sections 144A.471 to 144A.482;

(2) permits, aids, or abets the commission of any illegal act in the provision of home
care;

(3) performs any act detrimental to the health, safety, and welfare of a client;

(4) obtains the license by fraud or misrepresentation;

(5) knowingly made or makes a false statement of a material fact in the application for
a license or in any other record or report required by this chapter;

(6) denies representatives of the department access to any part of the home care provider's
books, records, files, or employees;

(7) interferes with or impedes a representative of the department in contacting the home
care provider's clients;

(8) interferes with or impedes a representative of the department in the enforcement of
this chapter or has failed to fully cooperate with an inspection, survey, or investigation by
the department;

(9) destroys or makes unavailable any records or other evidence relating to the home
care provider's compliance with this chapter;

(10) refuses to initiate a background study under section 144.057 or 245A.04;

(11) fails to timely pay any fines assessed by the department;

(12) violates any local, city, or township ordinance relating to home care services;

(13) has repeated incidents of personnel performing services beyond their competency
level; or

(14) has operated beyond the scope of the home care provider's license level.

(b) A violation by a contractor providing the home care services of the home care provider
is a violation by the home care provider.

Sec. 28.

Minnesota Statutes 2016, section 144A.475, subdivision 2, is amended to read:


Subd. 2.

Terms to suspension or conditional license.

new text begin(a) new text endA suspension or conditional
license designation may include terms that must be completed or met before a suspension
or conditional license designation is lifted. A conditional license designation may include
restrictions or conditions that are imposed on the provider. Terms for a suspension or
conditional license may include one or more of the following and the scope of each will be
determined by the commissioner:

(1) requiring a consultant to review, evaluate, and make recommended changes to the
home care provider's practices and submit reports to the commissioner at the cost of the
home care provider;

(2) requiring supervision of the home care provider or staff practices at the cost of the
home care provider by an unrelated person who has sufficient knowledge and qualifications
to oversee the practices and who will submit reports to the commissioner;

(3) requiring the home care provider or employees to obtain training at the cost of the
home care provider;

(4) requiring the home care provider to submit reports to the commissioner;

(5) prohibiting the home care provider from taking any new clients for a period of time;
or

(6) any other action reasonably required to accomplish the purpose of this subdivision
and section 144A.45, subdivision 2.

new text begin (b) A home care provider subject to this subdivision may continue operating during the
period of time home care clients are being transferred to other providers.
new text end

Sec. 29.

Minnesota Statutes 2016, section 144A.475, subdivision 5, is amended to read:


Subd. 5.

Plan required.

(a) The process of suspending or revoking a license must include
a plan for transferring affected clients to other providers by the home care provider, which
will be monitored by the commissioner. Within three business days of being notified of the
final revocation or suspension action, the home care provider shall provide the commissioner,
the lead agencies as defined in section 256B.0911, and the ombudsman for long-term care
with the following information:

(1) a list of all clients, including full names and all contact information on file;

(2) a list of each client's representative or emergency contact person, including full names
and all contact information on file;

(3) the location or current residence of each client;

(4) the payor sources for each client, including payor source identification numbers; and

(5) for each client, a copy of the client's service plan, and a list of the types of services
being provided.

(b) The revocation or suspension notification requirement is satisfied by mailing the
notice to the address in the license record. The home care provider shall cooperate with the
commissioner and the lead agencies during the process of transferring care of clients to
qualified providers. Within three business days of being notified of the final revocation or
suspension action, the home care provider must notify and disclose to each of the home
care provider's clients, or the client's representative or emergency contact persons, that the
commissioner is taking action against the home care provider's license by providing a copy
of the revocation or suspension notice issued by the commissioner.

new text begin (c) A home care provider subject to this subdivision may continue operating during the
period of time home care clients are being transferred to other providers.
new text end

Sec. 30.

Minnesota Statutes 2016, section 144A.476, subdivision 1, is amended to read:


Subdivision 1.

Prior criminal convictions; owner and managerial officials.

(a) Before
the commissioner issues a temporary licensenew text begin, issues a license new text endnew text beginas a result of an approved
change in ownership,
new text end or renews a license, an owner or managerial official is required to
complete a background study under section 144.057. No person may be involved in the
management, operation, or control of a home care provider if the person has been disqualified
under chapter 245C. If an individual is disqualified under section 144.057 or chapter 245C,
the individual may request reconsideration of the disqualification. If the individual requests
reconsideration and the commissioner sets aside or rescinds the disqualification, the individual
is eligible to be involved in the management, operation, or control of the provider. If an
individual has a disqualification under section 245C.15, subdivision 1, and the disqualification
is affirmed, the individual's disqualification is barred from a set aside, and the individual
must not be involved in the management, operation, or control of the provider.

(b) For purposes of this section, owners of a home care provider subject to the background
check requirement are those individuals whose ownership interest provides sufficient
authority or control to affect or change decisions related to the operation of the home care
provider. An owner includes a sole proprietor, a general partner, or any other individual
whose individual ownership interest can affect the management and direction of the policies
of the home care provider.

(c) For the purposes of this section, managerial officials subject to the background check
requirement are individuals who provide direct contact as defined in section 245C.02,
subdivision 11
, or individuals who have the responsibility for the ongoing management or
direction of the policies, services, or employees of the home care provider. Data collected
under this subdivision shall be classified as private data on individuals under section 13.02,
subdivision 12
.

(d) The department shall not issue any license if the applicant or owner or managerial
official has been unsuccessful in having a background study disqualification set aside under
section 144.057 and chapter 245C; if the owner or managerial official, as an owner or
managerial official of another home care provider, was substantially responsible for the
other home care provider's failure to substantially comply with sections 144A.43 to
144A.482; or if an owner that has ceased doing business, either individually or as an owner
of a home care provider, was issued a correction order for failing to assist clients in violation
of this chapter.

Sec. 31.

Minnesota Statutes 2016, section 144A.479, subdivision 7, is amended to read:


Subd. 7.

Employee records.

The home care provider must maintain current records of
each paid employee, regularly scheduled volunteers providing home care services, and of
each individual contractor providing home care services. The records must include the
following information:

(1) evidence of current professional licensure, registration, or certification, if licensure,
registration, or certification is required by this statute or other rules;

(2) records of orientation, required annual training and infection control training, and
competency evaluations;

(3) current job description, including qualifications, responsibilities, and identification
of staff providing supervision;

(4) documentation of annual performance reviews which identify areas of improvement
needed and training needs;

(5) for individuals providing home care services, verification that deleted text beginrequireddeleted text endnew text begin anynew text end health
screenings new text beginrequired by infection control programs established new text endunder section 144A.4798
have taken place and the dates of those screenings; and

(6) documentation of the background study as required under section 144.057.

Each employee record must be retained for at least three years after a paid employee, home
care volunteer, or contractor ceases to be employed by or under contract with the home care
provider. If a home care provider ceases operation, employee records must be maintained
for three years.

Sec. 32.

Minnesota Statutes 2016, section 144A.4791, subdivision 1, is amended to read:


Subdivision 1.

Home care bill of rights; notification to client.

(a) The home care
provider shall provide the client or the client's representative a written notice of the rights
under section 144A.44 before the deleted text begininitiation ofdeleted text endnew text begin date thatnew text end services new text beginare first provided new text endto that
client. The provider shall make all reasonable efforts to provide notice of the rights to the
client or the client's representative in a language the client or client's representative can
understand.

(b) In addition to the text of the home care bill of rights in section 144A.44, subdivision
1, the notice shall also contain the following statement describing how to file a complaint
with these offices.

"If you have a complaint about the provider or the person providing your home care
services, you may call, write, or visit the Office of Health Facility Complaints, Minnesota
Department of Health. You may also contact the Office of Ombudsman for Long-Term
Care or the Office of Ombudsman for Mental Health and Developmental Disabilities."

The statement should include the telephone number, Web site address, e-mail address,
mailing address, and street address of the Office of Health Facility Complaints at the
Minnesota Department of Health, the Office of the Ombudsman for Long-Term Care, and
the Office of the Ombudsman for Mental Health and Developmental Disabilities. The
statement should also include the home care provider's name, address, e-mail, telephone
number, and name or title of the person at the provider to whom problems or complaints
may be directed. It must also include a statement that the home care provider will not retaliate
because of a complaint.

(c) The home care provider shall obtain written acknowledgment of the client's receipt
of the home care bill of rights or shall document why an acknowledgment cannot be obtained.
The acknowledgment may be obtained from the client or the client's representative.
Acknowledgment of receipt shall be retained in the client's record.

Sec. 33.

Minnesota Statutes 2016, section 144A.4791, subdivision 3, is amended to read:


Subd. 3.

Statement of home care services.

Prior to the deleted text begininitiation ofdeleted text endnew text begin date thatnew text end servicesnew text begin
are first provided to the client
new text end, a home care provider must provide to the client or the client's
representative a written statement which identifies if the provider has a basic or
comprehensive home care license, the services the provider is authorized to provide, and
which services the provider cannot provide under the scope of the provider's license. The
home care provider shall obtain written acknowledgment from the clients that the provider
has provided the statement or must document why the provider could not obtain the
acknowledgment.

Sec. 34.

Minnesota Statutes 2016, section 144A.4791, subdivision 6, is amended to read:


Subd. 6.

Initiation of services.

When a provider deleted text begininitiatesdeleted text endnew text begin provides home carenew text end services
deleted text begin anddeleted text endnew text begin to a client beforenew text end the individualized review or assessment new text beginby a licensed health
professional or registered nurse as
new text endrequired in subdivisions 7 and 8 deleted text beginhas not beendeleted text endnew text begin isnew text end completed,
the deleted text beginproviderdeleted text endnew text begin licensed health professional or registered nursenew text end must complete a temporary
plan deleted text beginand agreementdeleted text end with the client deleted text beginfor servicesdeleted text endnew text begin and orient staff assigned to deliver services
as identified in the
new text endnew text begintemporary plannew text end.

Sec. 35.

Minnesota Statutes 2016, section 144A.4791, subdivision 7, is amended to read:


Subd. 7.

Basic individualized client review and monitoring.

(a) When services being
provided are basic home care services, an individualized initial review of the client's needs
and preferences must be conducted at the client's residence with the client or client's
representative. This initial review must be completed within 30 days after the deleted text begininitiation of
the
deleted text endnew text begin date thatnew text end home care servicesnew text begin are first providednew text end.

(b) Client monitoring and review must be conducted as needed based on changes in the
needs of the client and cannot exceed 90 days from the date of the last review. The monitoring
and review may be conducted at the client's residence or through the utilization of
telecommunication methods based on practice standards that meet the individual client's
needs.

Sec. 36.

Minnesota Statutes 2016, section 144A.4791, subdivision 8, is amended to read:


Subd. 8.

Comprehensive assessment, monitoring, and reassessment.

(a) When the
services being provided are comprehensive home care services, an individualized initial
assessment must be conducted in person by a registered nurse. When the services are provided
by other licensed health professionals, the assessment must be conducted by the appropriate
health professional. This initial assessment must be completed within five days after deleted text begininitiation
of
deleted text endnew text begin the date thatnew text end home care servicesnew text begin are first providednew text end.

(b) Client monitoring and reassessment must be conducted in the client's home no more
than 14 days after deleted text begininitiation ofdeleted text endnew text begin the date that home carenew text end servicesnew text begin are first providednew text end.

(c) Ongoing client monitoring and reassessment must be conducted as needed based on
changes in the needs of the client and cannot exceed 90 days from the last date of the
assessment. The monitoring and reassessment may be conducted at the client's residence
or through the utilization of telecommunication methods based on practice standards that
meet the individual client's needs.

Sec. 37.

Minnesota Statutes 2016, section 144A.4791, subdivision 9, is amended to read:


Subd. 9.

Service deleted text beginplandeleted text endnew text begin agreementnew text end, implementation, and revisions to service deleted text beginplandeleted text endnew text begin
agreement
new text end.

(a) No later than 14 days after the deleted text begininitiation ofdeleted text endnew text begin date that home carenew text end servicesnew text begin are
first provided
new text end, a home care provider shall finalize a current written service deleted text beginplandeleted text endnew text begin agreementnew text end.

(b) The service deleted text beginplandeleted text endnew text begin agreementnew text end and any revisions must include a signature or other
authentication by the home care provider and by the client or the client's representative
documenting agreement on the services to be provided. The service deleted text beginplandeleted text endnew text begin agreementnew text end must
be revised, if needed, based on client review or reassessment under subdivisions 7 and 8.
The provider must provide information to the client about changes to the provider's fee for
services and how to contact the Office of the Ombudsman for Long-Term Care.

(c) The home care provider must implement and provide all services required by the
current service deleted text beginplandeleted text endnew text begin agreementnew text end.

(d) The service deleted text beginplandeleted text end new text beginagreement new text endand revised service deleted text beginplandeleted text end new text beginagreement new text endmust be entered into
the client's record, including notice of a change in a client's fees when applicable.

(e) Staff providing home care services must be informed of the current written service
deleted text begin plandeleted text endnew text begin agreementnew text end.

(f) The service deleted text beginplandeleted text endnew text begin agreementnew text end must include:

(1) a description of the home care services to be provided, the fees for services, and the
frequency of each service, according to the client's current review or assessment and client
preferences;

(2) the identification of the staff or categories of staff who will provide the services;

(3) the schedule and methods of monitoring reviews or assessments of the client;

(4) deleted text beginthe frequency of sessions of supervision of staff and type of personnel who will
deleted text enddeleted text begin supervise staffdeleted text enddeleted text begin; anddeleted text endnew text begin the schedule and methods of monitoring staff providing home care
services; and
new text end

(5) a contingency plan that includes:

(i) the action to be taken by the home care provider and by the client or client's
representative if the scheduled service cannot be provided;

(ii) information and a method for a client or client's representative to contact the home
care provider;

(iii) names and contact information of persons the client wishes to have notified in an
emergency or if there is a significant adverse change in the client's conditiondeleted text begin, including
identification of and information as to who has authority to sign for the client in an
emergency
deleted text end; and

(iv) the circumstances in which emergency medical services are not to be summoned
consistent with chapters 145B and 145C, and declarations made by the client under those
chapters.

Sec. 38.

Minnesota Statutes 2016, section 144A.4792, subdivision 1, is amended to read:


Subdivision 1.

Medication management services; comprehensive home care license.

(a) This subdivision applies only to home care providers with a comprehensive home care
license that provide medication management services to clients. Medication management
services may not be provided by a home care provider who has a basic home care license.

(b) A comprehensive home care provider who provides medication management services
must develop, implement, and maintain current written medication management policies
and procedures. The policies and procedures must be developed under the supervision and
direction of a registered nurse, licensed health professional, or pharmacist consistent with
current practice standards and guidelines.

(c) The written policies and procedures must address requesting and receiving
prescriptions for medications; preparing and giving medications; verifying that prescription
drugs are administered as prescribed; documenting medication management activities;
controlling and storing medications; monitoring and evaluating medication use; resolving
medication errors; communicating with the prescriber, pharmacist, and client and client
representative, if any; disposing of unused medications; and educating clients and client
representatives about medications. When controlled substances are being managed, new text beginstored,
and secured by the comprehensive home care provider,
new text endthe policies and procedures must
also identify how the provider will ensure security and accountability for the overall
management, control, and disposition of those substances in compliance with state and
federal regulations and with subdivision 22.

Sec. 39.

Minnesota Statutes 2016, section 144A.4792, subdivision 2, is amended to read:


Subd. 2.

Provision of medication management services.

(a) For each client who
requests medication management services, the comprehensive home care provider shall,
prior to providing medication management services, have a registered nurse, licensed health
professional, or authorized prescriber under section 151.37 conduct an assessment to
determine what medication management services will be provided and how the services
will be provided. This assessment must be conducted face-to-face with the client. The
assessment must include an identification and review of all medications the client is known
to be taking. The review and identification must include indications for medications, side
effects, contraindications, allergic or adverse reactions, and actions to address these issues.

(b) The assessment mustnew text begin:
new text end

new text begin (1)new text end identify interventions needed in management of medications to prevent diversion of
medication by the client or others who may have access to the medicationsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) provide instructions to the client or client's representative on interventions to manage
the client's medications and prevent diversion of medications.
new text end

"Diversion of medications" means the misuse, theft, or illegal or improper disposition of
medications.

Sec. 40.

Minnesota Statutes 2016, section 144A.4792, subdivision 5, is amended to read:


Subd. 5.

Individualized medication management plan.

(a) For each client receiving
medication management services, the comprehensive home care provider must prepare and
include in the service deleted text beginplandeleted text endnew text begin agreementnew text end a written statement of the medication management
services that will be provided to the client. The provider must develop and maintain a current
individualized medication management record for each client based on the client's assessment
that must contain the following:

(1) a statement describing the medication management services that will be provided;

(2) a description of storage of medications based on the client's needs and preferences,
risk of diversion, and consistent with the manufacturer's directions;

(3) documentation of specific client instructions relating to the administration of
medications;

(4) identification of persons responsible for monitoring medication supplies and ensuring
that medication refills are ordered on a timely basis;

(5) identification of medication management tasks that may be delegated to unlicensed
personnel;

(6) procedures for staff notifying a registered nurse or appropriate licensed health
professional when a problem arises with medication management services; and

(7) any client-specific requirements relating to documenting medication administration,
verifications that all medications are administered as prescribed, and monitoring of
medication use to prevent possible complications or adverse reactions.

(b) The medication management record must be current and updated when there are any
changes.

new text begin (c) Medication reconciliation must be completed when a licensed nurse, licensed health
professional, or authorized prescriber is providing medication management.
new text end

Sec. 41.

Minnesota Statutes 2016, section 144A.4792, subdivision 10, is amended to read:


Subd. 10.

Medication management for clients who will be away from home.

(a) A
home care provider who is providing medication management services to the client and
controls the client's access to the medications must develop and implement policies and
procedures for giving accurate and current medications to clients for planned or unplanned
times away from home according to the client's individualized medication management
plan. The policy and procedures must state that:

(1) for planned time away, the medications must be obtained from the pharmacy or set
up by deleted text beginthe registereddeleted text endnew text begin a licensednew text end nurse according to appropriate state and federal laws and
nursing standards of practice;

(2) for unplanned time away, when the pharmacy is not able to provide the medications,
a licensed nurse or unlicensed personnel shall give the client or client's representative
medications in amounts and dosages needed for the length of the anticipated absence, not
to exceed deleted text begin120 hoursdeleted text endnew text begin seven calendar daysnew text end;

(3) the client or client's representative must be provided written information on
medications, including any special instructions for administering or handling the medications,
including controlled substances;

(4) the medications must be placed in a medication container or containers appropriate
to the provider's medication system and must be labeled with the client's name and the dates
and times that the medications are scheduled; and

(5) the client or client's representative must be provided in writing the home care
provider's name and information on how to contact the home care provider.

(b) For unplanned time away when the licensed nurse is not available, the registered
nurse may delegate this task to unlicensed personnel if:

(1) the registered nurse has trained the unlicensed staff and determined the unlicensed
staff is competent to follow the procedures for giving medications to clients; and

(2) the registered nurse has developed written procedures for the unlicensed personnel,
including any special instructions or procedures regarding controlled substances that are
prescribed for the client. The procedures must address:

(i) the type of container or containers to be used for the medications appropriate to the
provider's medication system;

(ii) how the container or containers must be labeled;

(iii) the written information about the medications to be given to the client or client's
representative;

(iv) how the unlicensed staff must document in the client's record that medications have
been given to the client or the client's representative, including documenting the date the
medications were given to the client or the client's representative and who received the
medications, the person who gave the medications to the client, the number of medications
that were given to the client, and other required information;

(v) how the registered nurse shall be notified that medications have been given to the
client or client's representative and whether the registered nurse needs to be contacted before
the medications are given to the client or the client's representative; deleted text beginand
deleted text end

(vi) a review by the registered nurse of the completion of this task to verify that this task
was completed accurately by the unlicensed personneldeleted text begin.deleted text endnew text begin; and
new text end

new text begin (vii) how the unlicensed staff must document in the client's record any unused medications
that are returned to the provider, including the name of each medication and the doses of
each returned medication.
new text end

Sec. 42.

Minnesota Statutes 2016, section 144A.4793, subdivision 6, is amended to read:


Subd. 6.

new text beginTreatment and therapy new text endorders deleted text beginor prescriptionsdeleted text end.

There must be an up-to-date
written or electronically recorded order deleted text beginor prescriptiondeleted text endnew text begin from an authorized prescribernew text end for
all treatments and therapies. The order must contain the name of the client, a description of
the treatment or therapy to be provided, and the frequencynew text begin, duration,new text end and other information
needed to administer the treatment or therapy.new text begin Treatment and therapy orders must be renewed
at least every 12 months.
new text end

Sec. 43.

Minnesota Statutes 2017 Supplement, section 144A.4796, subdivision 2, is
amended to read:


Subd. 2.

Content.

(a) The orientation must contain the following topics:

(1) an overview of sections 144A.43 to 144A.4798;

(2) introduction and review of all the provider's policies and procedures related to the
provision of home care servicesnew text begin by the individual staff personnew text end;

(3) handling of emergencies and use of emergency services;

(4) compliance with and reporting of the maltreatment of minors or vulnerable adults
under sections 626.556 and 626.557;

(5) home care bill of rights under section 144A.44;

(6) handling of clients' complaints, reporting of complaints, and where to report
complaints including information on the Office of Health Facility Complaints and the
Common Entry Point;

(7) consumer advocacy services of the Office of Ombudsman for Long-Term Care,
Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care
Ombudsman at the Department of Human Services, county managed care advocates, or
other relevant advocacy services; and

(8) review of the types of home care services the employee will be providing and the
provider's scope of licensure.

(b) In addition to the topics listed in paragraph (a), orientation may also contain training
on providing services to clients with hearing loss. Any training on hearing loss provided
under this subdivision must be high quality and research-based, may include online training,
and must include training on one or more of the following topics:

(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,
and challenges it poses to communication;

(2) health impacts related to untreated age-related hearing loss, such as increased
incidence of dementia, falls, hospitalizations, isolation, and depression; or

(3) information about strategies and technology that may enhance communication and
involvement, including communication strategies, assistive listening devices, hearing aids,
visual and tactile alerting devices, communication access in real time, and closed captions.

Sec. 44.

Minnesota Statutes 2016, section 144A.4797, subdivision 3, is amended to read:


Subd. 3.

Supervision of staff providing delegated nursing or therapy home care
tasks.

(a) Staff who perform delegated nursing or therapy home care tasks must be supervised
by an appropriate licensed health professional or a registered nurse periodically where the
services are being provided to verify that the work is being performed competently and to
identify problems and solutions related to the staff person's ability to perform the tasks.
Supervision of staff performing medication or treatment administration shall be provided
by a registered nurse or appropriate licensed health professional and must include observation
of the staff administering the medication or treatment and the interaction with the client.

(b) The direct supervision of staff performing delegated tasks must be provided within
30 days after the new text begindate on which the new text endindividual begins working for the home care providernew text begin
and first performs delegated tasks for clients
new text end and thereafter as needed based on performance.
This requirement also applies to staff who have not performed delegated tasks for one year
or longer.

Sec. 45.

Minnesota Statutes 2016, section 144A.4798, is amended to read:


144A.4798 deleted text beginEMPLOYEE HEALTH STATUSdeleted text endnew text begin DISEASE PREVENTION AND
INFECTION CONTROL
new text end.

Subdivision 1.

Tuberculosis (TB) deleted text beginprevention anddeleted text endnew text begin infectionnew text end control.

new text begin(a) new text endA home care
provider must establish and maintain a deleted text beginTB prevention anddeleted text end new text begincomprehensive tuberculosis
infection
new text endcontrol program deleted text beginbased ondeleted text endnew text begin according tonew text end the most current new text begintuberculosis infection
control
new text endguidelines issued by the new text beginUnited States new text endCenters for Disease Control and Prevention
(CDC)new text begin, Division of Tuberculosis Elimination, as published in the CDC's Morbidity and
Mortality Weekly Report
new text end. deleted text beginComponents of a TB prevention and control program include
screening all staff providing home care services, both paid and unpaid, at the time of hire
for active TB disease and latent TB infection, and developing and implementing a written
TB infection control plan. The commissioner shall make the most recent CDC standards
available to home care providers on the department's Web site.
deleted text endnew text begin This program must include
a tuberculosis infection control plan that covers all paid and unpaid employees, contractors,
students, and volunteers. The commissioner shall provide technical assistance regarding
implementation of the guidelines.
new text end

new text begin (b) Written evidence of compliance with this subdivision must be maintained by the
home care provider.
new text end

Subd. 2.

Communicable diseases.

A home care provider must follow current deleted text beginfederal
or state guidelines
deleted text endnew text begin state requirementsnew text end for prevention, control, and reporting of deleted text beginhuman
immunodeficiency virus (HIV), hepatitis B virus (HBV), hepatitis C virus, or other
deleted text end communicable diseases as defined in Minnesota Rules, deleted text beginpartdeleted text endnew text begin partsnew text end 4605.7040new text begin, 4605.7044,
4605.7050, 4605.7075, 4605.7080, and 4605.7090
new text end.

new text begin Subd. 3. new text end

new text begin Infection control program. new text end

new text begin A home care provider must establish and maintain
an effective infection control program that complies with accepted health care, medical,
and nursing standards for infection control.
new text end

Sec. 46.

Minnesota Statutes 2016, section 144A.4799, subdivision 1, is amended to read:


Subdivision 1.

Membership.

The commissioner of health shall appoint eight persons
to a home care and assisted living program advisory council consisting of the following:

(1) three public members as defined in section 214.02 who shall be deleted text begineitherdeleted text end persons who
are currently receiving home care services deleted text beginordeleted text endnew text begin, persons who have received home care services
within five years of the application date,
new text endnew text beginpersons whonew text end have family members receiving home
care services, or persons who have family members who have received home care services
within five years of the application date;

(2) three Minnesota home care licensees representing basic and comprehensive levels
of licensure who may be a managerial official, an administrator, a supervising registered
nurse, or an unlicensed personnel performing home care tasks;

(3) one member representing the Minnesota Board of Nursing; and

(4) one member representing the new text beginOffice of new text endOmbudsman for Long-Term Care.

Sec. 47.

Minnesota Statutes 2017 Supplement, section 144A.4799, subdivision 3, is
amended to read:


Subd. 3.

Duties.

(a) At the commissioner's request, the advisory council shall provide
advice regarding regulations of Department of Health licensed home care providers in this
chapter, including advice on the following:

(1) community standards for home care practices;

(2) enforcement of licensing standards and whether certain disciplinary actions are
appropriate;

(3) ways of distributing information to licensees and consumers of home care;

(4) training standards;

(5) identifying emerging issues and opportunities in deleted text beginthedeleted text end home care deleted text beginfield, includingdeleted text endnew text begin and
assisted living;
new text end

new text begin (6) identifyingnew text end the use of technology in home and telehealth capabilities;

deleted text begin (6)deleted text endnew text begin (7)new text end allowable home care licensing modifications and exemptions, including a method
for an integrated license with an existing license for rural licensed nursing homes to provide
limited home care services in an adjacent independent living apartment building owned by
the licensed nursing home; and

deleted text begin (7)deleted text endnew text begin (8)new text end recommendations for studies using the data in section 62U.04, subdivision 4,
including but not limited to studies concerning costs related to dementia and chronic disease
among an elderly population over 60 and additional long-term care costs, as described in
section 62U.10, subdivision 6.

(b) The advisory council shall perform other duties as directed by the commissioner.

(c) The advisory council shall annually review the balance of the account in the state
government special revenue fund described in section 144A.474, subdivision 11, paragraph
(i), and make annual recommendations by January 15 directly to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services regarding appropriations to the commissioner for the purposes in section 144A.474,
subdivision 11, paragraph (i).

Sec. 48.

Minnesota Statutes 2016, section 144A.484, subdivision 1, is amended to read:


Subdivision 1.

Integrated licensing established.

deleted text begin (a) From January 1, 2014, to June 30,
2015, the commissioner of health shall enforce the home and community-based services
standards under chapter 245D for those providers who also have a home care license pursuant
to this chapter as required under Laws 2013, chapter 108, article 8, section 60, and article
11, section 31. During this period, the commissioner shall provide technical assistance to
achieve and maintain compliance with applicable law or rules governing the provision of
home and community-based services, including complying with the service recipient rights
notice in subdivision 4, clause (4). If during the survey, the commissioner finds that the
licensee has failed to achieve compliance with an applicable law or rule under chapter 245D
and this failure does not imminently endanger the health, safety, or rights of the persons
served by the program, the commissioner may issue a licensing survey report with
recommendations for achieving and maintaining compliance.
deleted text end

deleted text begin (b) Beginning July 1, 2015,deleted text end A home care provider applicant or license holder may apply
to the commissioner of health for a home and community-based services designation for
the provision of basic support services identified under section 245D.03, subdivision 1,
paragraph (b). The designation allows the license holder to provide basic support services
that would otherwise require licensure under chapter 245D, under the license holder's home
care license governed by sections 144A.43 to deleted text begin144A.481deleted text endnew text begin 144A.4799new text end.

Sec. 49.

Minnesota Statutes 2016, section 145.56, subdivision 2, is amended to read:


Subd. 2.

Community-based programs.

To the extent funds are appropriated for the
purposes of this subdivision, the commissioner shall establish a grant program to fund:

(1) community-based programs to provide education, outreach, and advocacy services
to populations who may be at risk for suicide;

(2) community-based programs that educate community helpers and gatekeepers, such
as family members, spiritual leaders, coaches, and business owners, employers, and
coworkers on how to prevent suicide by encouraging help-seeking behaviors;

(3) community-based programs that educate populations at risk for suicide and community
helpers and gatekeepers that must include information on the symptoms of depression and
other psychiatric illnesses, the warning signs of suicide, skills for preventing suicides, and
making or seeking effective referrals to intervention and community resources;

(4) community-based programs to provide evidence-based suicide prevention and
intervention education to school staff, parents, and students in grades kindergarten through
12, and for students attending Minnesota colleges and universities;

(5) community-based programs to provide evidence-based suicide prevention and
intervention to public school nurses, teachers, administrators, coaches, school social workers,
peace officers, firefighters, emergency medical technicians, advanced emergency medical
technicians, paramedics, primary care providers, and others; deleted text beginand
deleted text end

(6) community-based, evidence-based postvention training to mental health professionals
and practitioners in order to provide technical assistance to communities after a suicide and
to prevent suicide clusters and contagionnew text begin; and
new text end

new text begin (7) a nonprofit organization to provide crisis telephone counseling services across the
state to people in suicidal crisis or emotional distress, 24 hours a day, seven days a week,
365 days a year
new text end.

Sec. 50.

Minnesota Statutes 2016, section 146B.03, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Supervisors. new text end

new text begin (a) A technician must have been licensed in Minnesota or in a
jurisdiction with which Minnesota has reciprocity for at least:
new text end

new text begin (1) two years as a tattoo technician in order to supervise a temporary tattoo technician;
or
new text end

new text begin (2) one year as a body piercing technician in order to supervise a temporary body piercing
technician.
new text end

new text begin (b) Any technician who agrees to supervise more than two temporary tattoo technicians
during the same time period, or more than four body piercing technicians during the same
time period, must provide to the commissioner a supervisory plan that describes how the
technician will provide supervision to each temporary technician in accordance with section
146B.01, subdivision 28.
new text end

new text begin (c) The commissioner may refuse to approve as a supervisor a technician who has been
disciplined in Minnesota or in another jurisdiction after considering the criteria in section
146B.02, subdivision 10, paragraph (b).
new text end

Sec. 51.

Minnesota Statutes 2016, section 149A.40, subdivision 11, is amended to read:


Subd. 11.

Continuing education.

The commissioner shall require 15 continuing education
hours for renewal of a license to practice mortuary science. Nine of the hours must be in
the following areas: body preparation, care, deleted text beginordeleted text end handling, new text beginand cremation, new text end3 CE hours;
professional practices, 3 CE hours; and regulation and ethics, 3 CE hours. Continuing
education hours shall be reported to the commissioner every other year based on the licensee's
license number. Licensees whose license ends in an odd number must report CE hours at
renewal time every odd year. If a licensee's license ends in an even number, the licensee
must report the licensee's CE hours at renewal time every even year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to mortuary
science license renewals on or after that date.
new text end

Sec. 52.

Minnesota Statutes 2016, section 149A.95, subdivision 3, is amended to read:


Subd. 3.

Unlicensed personnel.

new text begin(a) new text endA licensed crematory may employ unlicensed
personnel, provided that all applicable provisions of this chapter are followed. It is the duty
of the licensed crematory to provide proper training deleted text beginfordeleted text endnew text begin tonew text end all unlicensed personnel and
new text begin ensure that unlicensed personnel performing cremations are in compliance with the
requirements in paragraph (b).
new text endThe licensed crematory shall be strictly accountable for
compliance with this chapter and other applicable state and federal regulations regarding
occupational and workplace health and safety.

new text begin (b) Unlicensed personnel performing cremations at a licensed crematory must:
new text end

new text begin (1) complete a certified crematory operator course that is approved by the commissioner
and that covers at least the following subjects:
new text end

new text begin (i) cremation and incinerator terminology;
new text end

new text begin (ii) combustion principles;
new text end

new text begin (iii) maintenance of and troubleshooting for cremation devices;
new text end

new text begin (iv) how to operate cremation devices;
new text end

new text begin (v) identification, the use of proper forms, and the record-keeping process for
documenting chain of custody of human remains;
new text end

new text begin (vi) guidelines for recycling, including but not limited to compliance, disclosure, recycling
procedures, and compensation;
new text end

new text begin (vii) legal and regulatory requirements regarding environmental issues, including specific
environmental regulations with which compliance is required; and
new text end

new text begin (viii) cremation ethics;
new text end

new text begin (2) obtain a crematory operator certification;
new text end

new text begin (3) publicly post the crematory operator certification at the licensed crematory where
the unlicensed personnel performs cremations; and
new text end

new text begin (4) maintain crematory operator certification through:
new text end

new text begin (i) recertification, if such recertification is required by the program through which the
unlicensed personnel is certified; or
new text end

new text begin (ii) if recertification is not required by the program, completion of at least seven hours
of continuing education credits in crematory operation every five years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to unlicensed
personnel performing cremations on or after that date.
new text end

Sec. 53. new text beginAUTISM SPECTRUM DISORDER TASK FORCE PLAN.
new text end

new text begin The commissioner of health, in consultation with the commissioners of human services
and education, shall submit a plan to the chairs and ranking minority members of the
legislative committees with jurisdiction over health care, human services, and education by
January 15, 2019, to reconstitute the Autism Spectrum Disorder Task Force originally
established in 2011. The plan must include proposed membership of the task force that takes
into consideration all points of view and represents a diverse range of agencies, community
groups, advocacy organizations, educators, and families.
new text end

Sec. 54. new text beginVARIANCE TO REQUIREMENT FOR SANITARY DUMPING STATION.
new text end

new text begin Notwithstanding any law or rule to the contrary, the commissioner of health shall provide
a variance to the requirement to provide a sanitary dumping station under Minnesota Rules,
part 4630.0900, for a resort in Hubbard County that is located on an island and is landlocked,
making it impractical to build a sanitary dumping station for use by recreational camping
vehicles and recreational camping on the resort property. There must be an alternative
dumping station available within a 15-mile radius of the resort or a vendor that is available
to pump any self-contained liquid waste system that is located on the resort property.
new text end

Sec. 55. new text beginDIRECTION TO COMMISSIONER OF HEALTH; STRATEGIC PLAN
REGARDING CMV.
new text end

new text begin The commissioner of health, in consultation with interested stakeholders and families
of children diagnosed with human herpesvirus cytomegalovirus (CMV), shall develop a
strategic state plan outlining strategies for:
new text end

new text begin (1) providing information about CMV to health care practitioners;
new text end

new text begin (2) providing information about CMV to women who may become pregnant, to expectant
parents, and to parents of infants; and
new text end

new text begin (3) identifying resources and necessary follow-up for children born with congenital
CMV, and their families.
new text end

Sec. 56. new text beginLEGISLATIVE COMMISSION ON DATA PRACTICES; HEALTH
RECORDS ACT STUDY AND RECOMMENDATIONS.
new text end

new text begin (a) The Legislative Commission on Data Practices and Personal Data Privacy must study
the Minnesota Health Records Act and make recommendations regarding amendments to
Minnesota Statutes, sections 144.291 to 144.298, for improving coordinated health care in
Minnesota.
new text end

new text begin (b) The study and recommendations should consider:
new text end

new text begin (1) current laws, rules, practices, and experiences of health care consumers, providers,
and payers, both public and private, in the state of Minnesota with respect to access to health
records and coordination of health care;
new text end

new text begin (2) the experiences of other states with statutes conforming to the federal Health Insurance
Portability and Accountability Act (HIPAA);
new text end

new text begin (3) the potential benefits and risks to consumer data privacy if the state of Minnesota
conforms to HIPAA standards; and
new text end

new text begin (4) the potential benefits and risks to health care providers and payers, both public and
private, if the state of Minnesota conforms to HIPAA standards.
new text end

new text begin (c) The commission must submit a report and recommendations to the chairs and ranking
minority members of the legislative committees with jurisdiction over data practices and
health care by January 15, 2019.
new text end

Sec. 57. new text beginREVISOR'S INSTRUCTIONS.
new text end

new text begin (a) The revisor of statutes shall change the terms "service plan or service agreement"
and "service agreement or service plan" to "service agreement" in the following sections of
Minnesota Statutes: sections 144A.442; 144D.045; 144G.03, subdivision 4, paragraph (c);
and 144G.04.
new text end

new text begin (b) The revisor of statutes shall change the term "service plan" to "service agreement"
and the term "service plans" to "service agreements" in the following sections of Minnesota
Statutes: sections 144A.44; 144A.45; 144A.475; 144A.4791; 144A.4792; 144A.4793;
144A.4794; 144D.04; and 144G.03, subdivision 4, paragraph (a).
new text end

Sec. 58. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2016, sections 144A.45, subdivision 6; and 144A.481, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2017 Supplement, section 146B.02, subdivision 7a, new text end new text begin is repealed.
new text end

ARTICLE 36

HEALTH COVERAGE

Section 1.

Minnesota Statutes 2016, section 62A.30, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Mammograms. new text end

new text begin (a) For purposes of subdivision 2, coverage for a preventive
mammogram screening shall include digital breast tomosynthesis for enrollees at risk for
breast cancer, and shall be covered as a preventive item or service, as described under section
62Q.46.
new text end

new text begin (b) For purposes of this subdivision, "digital breast tomosynthesis" means a radiologic
procedure that involves the acquisition of projection images over the stationary breast to
produce cross-sectional digital three-dimensional images of the breast. "At risk for breast
cancer" means:
new text end

new text begin (1) having a family history with one or more first- or second-degree relatives with breast
cancer;
new text end

new text begin (2) testing positive for BRCA1 or BRCA2 mutations;
new text end

new text begin (3) having heterogeneously dense breasts or extremely dense breasts based on the Breast
Imaging Reporting and Data System established by the American College of Radiology; or
new text end

new text begin (4) having a previous diagnosis of breast cancer.
new text end

new text begin (c) This subdivision does not apply to coverage provided through a public health care
program under chapter 256B or 256L.
new text end

new text begin (d) Nothing in this subdivision limits the coverage of digital breast tomosynthesis in a
policy, plan, certificate, or contract referred to in subdivision 1 that is in effect prior to
January 1, 2019.
new text end

new text begin (e) Nothing in this subdivision prohibits a policy, plan, certificate, or contract referred
to in subdivision 1 from covering digital breast tomosynthesis for an enrollee who is not at
risk for breast cancer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019, and applies to health
plans issued, sold, or renewed on or after that date.
new text end

Sec. 2.

new text begin [62J.824] FACILITY FEE DISCLOSURE.
new text end

new text begin (a) Prior to the delivery of nonemergency services, a provider-based clinic that charges
a facility fee shall provide notice to any patient stating that the clinic is part of a hospital
and the patient may receive a separate charge or billing for the facility component, which
may result in a higher out-of-pocket expense.
new text end

new text begin (b) Each health care facility must post prominently in locations easily accessible to and
visible by patients, including its Web site, a statement that the provider-based clinic is part
of a hospital and the patient may receive a separate charge or billing for the facility, which
may result in a higher out-of-pocket expense.
new text end

new text begin (c) This section does not apply to laboratory services, imaging services, or other ancillary
health services that are provided by staff who are not employed by the health care facility
or clinic.
new text end

new text begin (d) For purposes of this section:
new text end

new text begin (1) "facility fee" means any separate charge or billing by a provider-based clinic in
addition to a professional fee for physicians' services that is intended to cover building,
electronic medical records systems, billing, and other administrative and operational
expenses; and
new text end

new text begin (2) "provider-based clinic" means the site of an off-campus clinic or provider office
located at least 250 yards from the main hospital buildings or as determined by the Centers
for Medicare and Medicaid Services, that is owned by a hospital licensed under chapter 144
or a health system that operates one or more hospitals licensed under chapter 144, and is
primarily engaged in providing diagnostic and therapeutic care, including medical history,
physical examinations, assessment of health status, and treatment monitoring. This definition
does not include clinics that are exclusively providing laboratory, x-ray, testing, therapy,
pharmacy, or educational services and does not include facilities designated as rural health
clinics.
new text end

Sec. 3.

new text begin [62Q.48] POINT OF SALE ALLOWABLE COST.
new text end

new text begin (a) No health plan company or pharmacy benefits manager shall require an enrollee to
make a payment at the point of sale for a prescription drug that is covered under the enrollee's
health plan in an amount greater than the allowable cost to consumers.
new text end

new text begin (b) For purposes of this section:
new text end

new text begin (1) "allowable cost to consumers" means the lowest of:
new text end

new text begin (i) the applicable co-payment for the prescription drug under the enrollee's health plan;
or
new text end

new text begin (ii) the amount an individual would pay for the prescription drug if the individual
purchased the prescription drug without using a health plan benefit; and
new text end

new text begin (2) "pharmacy benefit manager" has the meaning provided in section 151.71, subdivision
1.
new text end

Sec. 4.

Minnesota Statutes 2016, section 151.214, subdivision 2, is amended to read:


Subd. 2.

No prohibition on disclosure.

No contracting agreement between an
employer-sponsored health plan or health plan company, or its contracted pharmacy benefit
manager, and a resident or nonresident pharmacy deleted text beginregistereddeleted text endnew text begin licensednew text end under this chapter,
may prohibit deleted text beginthedeleted text endnew text begin:
new text end

new text begin (1) anew text end pharmacy from disclosing to patients information a pharmacy is required or given
the option to provide under subdivision 1new text begin; or
new text end

new text begin (2) a pharmacist from informing a patient when the amount the patient is required to
pay under the patient's health plan for a particular drug is greater than the amount the patient
would be required to pay for the same drug if purchased out-of-pocket at the pharmacy's
usual and customary price
new text end.

Sec. 5.

new text begin [151.555] PRESCRIPTION DRUG REPOSITORY PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Central repository" means a wholesale distributor that meets the requirements under
subdivision 3 and enters into a contract with the Board of Pharmacy in accordance with this
section.
new text end

new text begin (c) "Distribute" means to deliver, other than by administering or dispensing.
new text end

new text begin (d) "Donor" means:
new text end

new text begin (1) a health care facility as defined in this subdivision;
new text end

new text begin (2) a skilled nursing facility licensed under chapter 144A;
new text end

new text begin (3) an assisted living facility registered under chapter 144D where there is centralized
storage of drugs and 24-hour on-site licensed nursing coverage provided seven days a week;
new text end

new text begin (4) a pharmacy licensed under section 151.19, and located either in the state or outside
the state;
new text end

new text begin (5) a drug wholesaler licensed under section 151.47; or
new text end

new text begin (6) a drug manufacturer licensed under section 151.252.
new text end

new text begin (e) "Drug" means any prescription drug that has been approved for medical use in the
United States, is listed in the United States Pharmacopoeia or National Formulary, and
meets the criteria established under this section for donation. This definition includes cancer
drugs and antirejection drugs, but does not include controlled substances, as defined in
section 152.01, subdivision 4, or a prescription drug that can only be dispensed to a patient
registered with the drug's manufacturer in accordance with federal Food and Drug
Administration requirements.
new text end

new text begin (f) "Health care facility" means:
new text end

new text begin (1) a physician's office or health care clinic where licensed practitioners provide health
care to patients;
new text end

new text begin (2) a hospital licensed under section 144.50;
new text end

new text begin (3) a pharmacy licensed under section 151.19 and located in Minnesota; or
new text end

new text begin (4) a nonprofit community clinic, including a federally qualified health center; a rural
health clinic; public health clinic; or other community clinic that provides health care utilizing
a sliding fee scale to patients who are low-income, uninsured, or underinsured.
new text end

new text begin (g) "Local repository" means a health care facility that elects to accept donated drugs
and medical supplies and meets the requirements of subdivision 4.
new text end

new text begin (h) "Medical supplies" or "supplies" means any prescription and nonprescription medical
supply needed to administer a prescription drug.
new text end

new text begin (i) "Original, sealed, unopened, tamper-evident packaging" means packaging that is
sealed, unopened, and tamper-evident, including a manufacturer's original unit dose or
unit-of-use container, a repackager's original unit dose or unit-of-use container, or unit-dose
packaging prepared by a licensed pharmacy according to the standards of Minnesota Rules,
part 6800.3750.
new text end

new text begin (j) "Practitioner" has the meaning given in section 151.01, subdivision 23, except that
it does not include a veterinarian.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin By January 1, 2019, the Board of Pharmacy shall establish a
drug repository program, through which donors may donate a drug or medical supply for
use by an individual who meets the eligibility criteria specified under subdivision 5. The
board shall contract with a central repository that meets the requirements of subdivision 3
to implement and administer the prescription drug repository program.
new text end

new text begin Subd. 3. new text end

new text begin Central repository requirements. new text end

new text begin (a) The board shall publish a request for
proposal for participants who meet the requirements of this subdivision and are interested
in acting as the central repository for the drug repository program. The board shall follow
all applicable state procurement procedures in the selection process.
new text end

new text begin (b) To be eligible to act as the central repository, the participant must be a wholesale
drug distributor located in Minnesota, licensed pursuant to section 151.47, and in compliance
with all applicable federal and state statutes, rules, and regulations.
new text end

new text begin (c) The central repository shall be subject to inspection by the board pursuant to section
151.06, subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Local repository requirements. new text end

new text begin (a) To be eligible for participation in the drug
repository program, a health care facility must agree to comply with all applicable federal
and state laws, rules, and regulations pertaining to the drug repository program, drug storage,
and dispensing. The facility must also agree to maintain in good standing any required state
license or registration that may apply to the facility.
new text end

new text begin (b) A local repository may elect to participate in the program by submitting the following
information to the central repository on a form developed by the board and made available
on the board's Web site:
new text end

new text begin (1) the name, street address, and telephone number of the health care facility and any
state-issued license or registration number issued to the facility, including the issuing state
agency;
new text end

new text begin (2) the name and telephone number of a responsible pharmacist or practitioner who is
employed by or under contract with the health care facility; and
new text end

new text begin (3) a statement signed and dated by the responsible pharmacist or practitioner indicating
that the health care facility meets the eligibility requirements under this section and agrees
to comply with this section.
new text end

new text begin (c) Participation in the drug repository program is voluntary. A local repository may
withdraw from participation in the drug repository program at any time by providing written
notice to the central repository on a form developed by the board and made available on
the board's Web site. The central repository shall provide the board with a copy of the
withdrawal notice within ten business days from the date of receipt of the withdrawal notice.
new text end

new text begin Subd. 5. new text end

new text begin Individual eligibility and application requirements. new text end

new text begin (a) To be eligible for
the drug repository program, an individual must submit to a local repository an intake
application form that is signed by the individual and attests that the individual:
new text end

new text begin (1) is a resident of Minnesota;
new text end

new text begin (2) is uninsured, has no prescription drug coverage, or is underinsured;
new text end

new text begin (3) acknowledges that the drugs or medical supplies to be received through the program
may have been donated; and
new text end

new text begin (4) consents to a waiver of the child-resistant packaging requirements of the federal
Poison Prevention Packaging Act.
new text end

new text begin (b) Upon determining that an individual is eligible for the program, the local repository
shall furnish the individual with an identification card. The card shall be valid for one year
from the date of issuance and may be used at any local repository. A new identification card
may be issued upon expiration once the individual submits a new application form.
new text end

new text begin (c) The local repository shall send a copy of the intake application form to the central
repository by regular mail, facsimile, or secured e-mail within ten days from the date the
application is approved by the local repository.
new text end

new text begin (d) The board shall develop and make available on the board's Web site an application
form and the format for the identification card.
new text end

new text begin Subd. 6. new text end

new text begin Standards and procedures for accepting donations of drugs and supplies.
new text end

new text begin (a) A donor may donate prescription drugs or medical supplies to the central repository or
a local repository if the drug or supply meets the requirements of this section as determined
by a pharmacist or practitioner who is employed by or under contract with the central
repository or a local repository.
new text end

new text begin (b) A prescription drug is eligible for donation under the drug repository program if the
following requirements are met:
new text end

new text begin (1) the donation is accompanied by a drug repository donor form described under
paragraph (d) that is signed by an individual who is authorized by the donor to attest to the
donor's knowledge in accordance with paragraph (d);
new text end

new text begin (2) the drug's expiration date is at least six months after the date the drug was donated.
If a donated drug bears an expiration date that is less than six months from the donation
date, the drug may be accepted and distributed if the drug is in high demand and can be
dispensed for use by a patient before the drug's expiration date;
new text end

new text begin (3) the drug is in its original, sealed, unopened, tamper-evident packaging that includes
the expiration date. Single-unit-dose drugs may be accepted if the single-unit-dose packaging
is unopened;
new text end

new text begin (4) the drug or the packaging does not have any physical signs of tampering, misbranding,
deterioration, compromised integrity, or adulteration;
new text end

new text begin (5) the drug does not require storage temperatures other than normal room temperature
as specified by the manufacturer or United States Pharmacopoeia, unless the drug is being
donated directly by its manufacturer, a wholesale drug distributor, or a pharmacy located
in Minnesota; and
new text end

new text begin (6) the prescription drug is not a controlled substance.
new text end

new text begin (c) A medical supply is eligible for donation under the drug repository program if the
following requirements are met:
new text end

new text begin (1) the supply has no physical signs of tampering, misbranding, or alteration and there
is no reason to believe it has been adulterated, tampered with, or misbranded;
new text end

new text begin (2) the supply is in its original, unopened, sealed packaging;
new text end

new text begin (3) the donation is accompanied by a drug repository donor form described under
paragraph (d) that is signed by an individual who is authorized by the donor to attest to the
donor's knowledge in accordance with paragraph (d); and
new text end

new text begin (4) if the supply bears an expiration date, the date is at least six months later than the
date the supply was donated. If the donated supply bears an expiration date that is less than
six months from the date the supply was donated, the supply may be accepted and distributed
if the supply is in high demand and can be dispensed for use by a patient before the supply's
expiration date.
new text end

new text begin (d) The board shall develop the drug repository donor form and make it available on the
board's Web site. The form must state that to the best of the donor's knowledge the donated
drug or supply has been properly stored and that the drug or supply has never been opened,
used, tampered with, adulterated, or misbranded.
new text end

new text begin (e) Donated drugs and supplies may be shipped or delivered to the premises of the central
repository or a local repository, and shall be inspected by a pharmacist or an authorized
practitioner who is employed by or under contract with the repository and who has been
designated by the repository to accept donations. A drop box must not be used to deliver
or accept donations.
new text end

new text begin (f) The central repository and local repository shall inventory all drugs and supplies
donated to the repository. For each drug, the inventory must include the drug's name, strength,
quantity, manufacturer, expiration date, and the date the drug was donated. For each medical
supply, the inventory must include a description of the supply, its manufacturer, the date
the supply was donated, and, if applicable, the supply's brand name and expiration date.
new text end

new text begin Subd. 7. new text end

new text begin Standards and procedures for inspecting and storing donated prescription
drugs and supplies.
new text end

new text begin (a) A pharmacist or authorized practitioner who is employed by or
under contract with the central repository or a local repository shall inspect all donated
prescription drugs and supplies to determine, to the extent reasonably possible in the
professional judgment of the pharmacist or practitioner, that the drug or supply is not
adulterated or misbranded, has not been tampered with, is safe and suitable for dispensing,
and meets the requirements for donation. The pharmacist or practitioner who inspects the
drugs or supplies shall sign an inspection record stating that the requirements for donation
have been met. If a local repository receives drugs and supplies from the central repository,
the local repository does not need to reinspect the drugs and supplies.
new text end

new text begin (b) The central repository and local repositories shall store donated drugs and supplies
in a secure storage area under environmental conditions appropriate for the drug or supply
being stored. Donated drugs and supplies may not be stored with nondonated inventory. If
donated drugs or supplies are not inspected immediately upon receipt, a repository must
quarantine the donated drugs or supplies separately from all dispensing stock until the
donated drugs or supplies have been inspected and approved for dispensing under the
program.
new text end

new text begin (c) The central repository and local repositories shall dispose of all prescription drugs
and medical supplies that are not suitable for donation in compliance with applicable federal
and state statutes, regulations, and rules concerning hazardous waste.
new text end

new text begin (d) In the event that controlled substances or prescription drugs that can only be dispensed
to a patient registered with the drug's manufacturer are shipped or delivered to a central or
local repository for donation, the shipment delivery must be documented by the repository
and returned immediately to the donor or the donor's representative that provided the drugs.
new text end

new text begin (e) Each repository must develop drug and medical supply recall policies and procedures.
If a repository receives a recall notification, the repository shall destroy all of the drug or
medical supply in its inventory that is the subject of the recall and complete a record of
destruction form in accordance with paragraph (f). If a drug or medical supply that is the
subject of a Class I or Class II recall has been dispensed, the repository shall immediately
notify the recipient of the recalled drug or medical supply. A drug that potentially is subject
to a recall need not be destroyed if its packaging bears a lot number and that lot of the drug
is not subject to the recall. If no lot number is on the drug's packaging, it must be destroyed.
new text end

new text begin (f) A record of destruction of donated drugs and supplies that are not dispensed under
subdivision 8, are subject to a recall under paragraph (e), or are not suitable for donation
shall be maintained by the repository for at least five years. For each drug or supply
destroyed, the record shall include the following information:
new text end

new text begin (1) the date of destruction;
new text end

new text begin (2) the name, strength, and quantity of the drug destroyed; and
new text end

new text begin (3) the name of the person or firm that destroyed the drug.
new text end

new text begin Subd. 8. new text end

new text begin Dispensing requirements. new text end

new text begin (a) Donated drugs and supplies may be dispensed
if the drugs or supplies are prescribed by a practitioner for use by an eligible individual and
are dispensed by a pharmacist or practitioner. A repository shall dispense drugs and supplies
to eligible individuals in the following priority order: (1) individuals who are uninsured;
(2) individuals with no prescription drug coverage; and (3) individuals who are underinsured.
A repository shall dispense donated prescription drugs in compliance with applicable federal
and state laws and regulations for dispensing prescription drugs, including all requirements
relating to packaging, labeling, record keeping, drug utilization review, and patient
counseling.
new text end

new text begin (b) Before dispensing or administering a drug or supply, the pharmacist or practitioner
shall visually inspect the drug or supply for adulteration, misbranding, tampering, and date
of expiration. Drugs or supplies that have expired or appear upon visual inspection to be
adulterated, misbranded, or tampered with in any way must not be dispensed or administered.
new text end

new text begin (c) Before a drug or supply is dispensed or administered to an individual, the individual
must sign a drug repository recipient form acknowledging that the individual understands
the information stated on the form. The board shall develop the form and make it available
on the board's Web site. The form must include the following information:
new text end

new text begin (1) that the drug or supply being dispensed or administered has been donated and may
have been previously dispensed;
new text end

new text begin (2) that a visual inspection has been conducted by the pharmacist or practitioner to ensure
that the drug or supply has not expired, has not been adulterated or misbranded, and is in
its original, unopened packaging; and
new text end

new text begin (3) that the dispensing pharmacist, the dispensing or administering practitioner, the
central repository or local repository, the Board of Pharmacy, and any other participant of
the drug repository program cannot guarantee the safety of the drug or medical supply being
dispensed or administered and that the pharmacist or practitioner has determined that the
drug or supply is safe to dispense or administer based on the accuracy of the donor's form
submitted with the donated drug or medical supply and the visual inspection required to be
performed by the pharmacist or practitioner before dispensing or administering.
new text end

new text begin Subd. 9. new text end

new text begin Handling fees. new text end

new text begin (a) The central or local repository may charge the individual
receiving a drug or supply a handling fee of no more than 250 percent of the medical
assistance program dispensing fee for each drug or medical supply dispensed or administered
by that repository.
new text end

new text begin (b) A repository that dispenses or administers a drug or medical supply through the drug
repository program shall not receive reimbursement under the medical assistance program
or the MinnesotaCare program for that dispensed or administered drug or supply.
new text end

new text begin Subd. 10. new text end

new text begin Distribution of donated drugs and supplies. new text end

new text begin (a) The central repository and
local repositories may distribute drugs and supplies donated under the drug repository
program to other participating repositories for use pursuant to this program.
new text end

new text begin (b) A local repository that elects not to dispense donated drugs or supplies must transfer
all donated drugs and supplies to the central repository. A copy of the donor form that was
completed by the original donor under subdivision 6 must be provided to the central
repository at the time of transfer.
new text end

new text begin Subd. 11. new text end

new text begin Forms and record-keeping requirements. new text end

new text begin (a) The following forms developed
for the administration of this program shall be utilized by the participants of the program
and shall be available on the board's Web site:
new text end

new text begin (1) intake application form described under subdivision 5;
new text end

new text begin (2) local repository participation form described under subdivision 4;
new text end

new text begin (3) local repository withdrawal form described under subdivision 4;
new text end

new text begin (4) drug repository donor form described under subdivision 6;
new text end

new text begin (5) record of destruction form described under subdivision 7; and
new text end

new text begin (6) drug repository recipient form described under subdivision 8.
new text end

new text begin (b) All records, including drug inventory, inspection, and disposal of donated prescription
drugs and medical supplies must be maintained by a repository for a minimum of five years.
Records required as part of this program must be maintained pursuant to all applicable
practice acts.
new text end

new text begin (c) Data collected by the drug repository program from all local repositories shall be
submitted quarterly or upon request to the central repository. Data collected may consist of
the information, records, and forms required to be collected under this section.
new text end

new text begin (d) The central repository shall submit reports to the board as required by the contract
or upon request of the board.
new text end

new text begin Subd. 12. new text end

new text begin Liability. new text end

new text begin (a) The manufacturer of a drug or supply is not subject to criminal
or civil liability for injury, death, or loss to a person or to property for causes of action
described in clauses (1) and (2). A manufacturer is not liable for:
new text end

new text begin (1) the intentional or unintentional alteration of the drug or supply by a party not under
the control of the manufacturer; or
new text end

new text begin (2) the failure of a party not under the control of the manufacturer to transfer or
communicate product or consumer information or the expiration date of the donated drug
or supply.
new text end

new text begin (b) A health care facility participating in the program, a pharmacist dispensing a drug
or supply pursuant to the program, a practitioner dispensing or administering a drug or
supply pursuant to the program, or a donor of a drug or medical supply is immune from
civil liability for an act or omission that causes injury to or the death of an individual to
whom the drug or supply is dispensed and no disciplinary action by a health-related licensing
board shall be taken against a pharmacist or practitioner so long as the drug or supply is
donated, accepted, distributed, and dispensed according to the requirements of this section.
This immunity does not apply if the act or omission involves reckless, wanton, or intentional
misconduct, or malpractice unrelated to the quality of the drug or medical supply.
new text end

new text begin Subd. 13. new text end

new text begin Sunset. new text end

new text begin This section expires July 1, 2022.
new text end

Sec. 6.

Minnesota Statutes 2016, section 151.71, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Synchronization of refills. new text end

new text begin (a) For purposes of this subdivision,
"synchronization" means the coordination of prescription drug refills for a patient taking
two or more medications for one or more chronic conditions, to allow the patient's
medications to be refilled on the same schedule for a given period of time.
new text end

new text begin (b) A contract between a pharmacy benefit manager and a pharmacy must allow for
synchronization of prescription drug refills for a patient on at least one occasion per year,
if the following criteria are met:
new text end

new text begin (1) the prescription drugs are covered under the patient's health plan or have been
approved by a formulary exceptions process;
new text end

new text begin (2) the prescription drugs are maintenance medications as defined by the health plan
and have one or more refills available at the time of synchronization;
new text end

new text begin (3) the prescription drugs are not Schedule II, III, or IV controlled substances;
new text end

new text begin (4) the patient meets all utilization management criteria relevant to the prescription drug
at the time of synchronization;
new text end

new text begin (5) the prescription drugs are of a formulation that can be safely split into short-fill
periods to achieve synchronization; and
new text end

new text begin (6) the prescription drugs do not have special handling or sourcing needs that require a
single, designated pharmacy to fill or refill the prescription.
new text end

new text begin (c) When necessary to permit synchronization, the pharmacy benefit manager shall apply
a prorated, daily patient cost-sharing rate to any prescription drug dispensed by a pharmacy
under this subdivision. The dispensing fee shall not be prorated, and all dispensing fees
shall be based on the number of prescriptions filled or refilled.
new text end

Sec. 7. new text beginTESTIMONY ON USE OF DIGITAL BREAST TOMOSYNTHESIS BY
MEMBERS OF THE STATE EMPLOYEE GROUP INSURANCE PROGRAM.
new text end

new text begin The director of the state employee group insurance program must prepare and submit
written testimony to the house of representatives and senate committees with jurisdiction
over health and human services and state government finance regarding the impact of
Minnesota Statutes, section 62A.30, subdivision 4. The director must provide data on actual
utilization of the coverage under Minnesota Statutes, section 62A.30, subdivision 4, by
members of the state employee group insurance program from January 1, 2019, to December
31, 2019. The director may make recommendations for legislation addressing any issues
relating to the coverage required by Minnesota Statutes, section 62A.30, subdivision 4. The
testimony required under this section is due by March 1, 2020.
new text end

Sec. 8. new text beginSTUDY AND REPORT ON DISPARITIES BETWEEN GEOGRAPHIC
RATING AREAS IN INDIVIDUAL AND SMALL GROUP MARKET HEALTH
INSURANCE RATES.
new text end

new text begin Subdivision 1. new text end

new text begin Study and recommendations. new text end

new text begin (a) As permitted by the availability of
resources, the legislative auditor is requested to study disparities between Minnesota's nine
geographic rating areas in individual and small group market health insurance rates and
recommend ways to reduce or eliminate rate disparities between the geographic rating areas
and provide for stability of the individual and small group health insurance markets in the
state. In the study, if conducted, the legislative auditor shall:
new text end

new text begin (1) identify the factors that cause higher individual and small group market health
insurance rates in certain geographic rating areas, and determine the extent to which each
identified factor contributes to the higher rates;
new text end

new text begin (2) identify the impact of referral centers on individual and small group market health
insurance rates in southeastern Minnesota, and identify ways to reduce the rate disparity
between southeastern Minnesota and the metropolitan area, taking into consideration the
patterns of referral center usage by patients in those regions;
new text end

new text begin (3) determine the extent to which individuals and small employers located in a geographic
rating area with higher health insurance rates than surrounding geographic rating areas have
obtained health insurance in a lower-cost geographic rating area, identify the strategies that
individuals and small employers use to obtain health insurance in a lower-cost geographic
rating area, and measure the effects of this practice on the rates of the individuals and small
employers remaining in the geographic rating area with higher health insurance rates; and
new text end

new text begin (4) develop proposals to redraw the boundaries of Minnesota's geographic rating areas,
and calculate the effect each proposal would have on rates in each of the proposed rating
areas. The legislative auditor shall examine at least three options for redrawing the boundaries
of Minnesota's geographic rating areas, at least one of which must reduce the number of
geographic rating areas. All options for redrawing Minnesota's geographic rating areas
considered by the legislative auditor must be designed:
new text end

new text begin (i) with the purposes of reducing or eliminating rate disparities between geographic
rating areas and providing for stability of the individual and small group health insurance
markets in the state;
new text end

new text begin (ii) with consideration of the composition of existing provider networks and referral
patterns in regions of the state; and
new text end

new text begin (iii) in compliance with the requirements for geographic rating areas in Code of Federal
Regulations, title 45, section 147.102(b), and other applicable federal law and guidance.
new text end

new text begin (b) The legislative auditor may secure de-identified data necessary to complete the study
and recommendations according to this subdivision directly from health carriers. For purposes
of this paragraph "de-identified" means a process to remove all identifiable information
regarding an individual or group from data. Data classified as nonpublic data or private data
on individuals, as defined in Minnesota Statutes, section 13.02, subdivisions 9 and 12,
remains classified as such.
new text end

new text begin (c) The legislative auditor may recommend one or more proposals for redrawing
Minnesota's geographic rating areas if the legislative auditor determines that the proposal
would reduce or eliminate individual and small group market health insurance rate disparities
between the geographic rating areas and provide for stability of the individual and small
group health insurance markets in the state.
new text end

new text begin Subd. 2. new text end

new text begin Contract. new text end

new text begin The legislative auditor may contract with another entity for technical
assistance in conducting the study and developing recommendations according to subdivision
1.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The legislative auditor is requested to complete the study and
recommendations by January 1, 2019, and to submit a report on the study and
recommendations by that date to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care and health insurance.
new text end

Sec. 9. new text beginMENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY WORK
GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) A mental health and substance use
disorder parity work group is established and shall include the following members:
new text end

new text begin (1) two members representing health plan companies that offer health plans in the
individual market, appointed by the commissioner of commerce;
new text end

new text begin (2) two members representing health plan companies that offer health plans in the group
markets, appointed by the commissioner of commerce;
new text end

new text begin (3) the commissioner of health or a designee;
new text end

new text begin (4) the commissioner of commerce or a designee;
new text end

new text begin (5) the commissioner of management and budget or a designee;
new text end

new text begin (6) two members representing employers, appointed by the commissioner of commerce;
new text end

new text begin (7) two members who are providers representing the mental health and substance use
disorder community, appointed by the commissioner of commerce; and
new text end

new text begin (8) two members who are advocates representing the mental health and substance use
disorder community, appointed by the commissioner of commerce.
new text end

new text begin (b) Members of the work group must have expertise in standards for evidence-based
care, benefit design, or knowledge relating to the analysis of mental health and substance
use disorder parity under federal and state law, including nonquantitative treatment
limitations.
new text end

new text begin Subd. 2. new text end

new text begin First appointments; first meeting; chair. new text end

new text begin Appointing authorities shall appoint
members to the work group by July 1, 2018. The commissioner of commerce or a designee
shall convene the first meeting of the work group on or before August 1, 2018. The
commissioner of commerce or the commissioner's designee shall act as chair.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The mental health and substance use disorder parity work group shall:
new text end

new text begin (1) develop recommendations on the most effective approach to determine and
demonstrate mental health and substance use disorder parity, in accordance with state and
federal law for individual and group health plans offered in Minnesota; and
new text end

new text begin (2) report recommendations to the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin (a) By February 15, 2019, the work group shall submit a report with
recommendations to the chairs and ranking minority members of the legislative committees
with jurisdiction over health care policy and finance.
new text end

new text begin (b) The report must include the following:
new text end

new text begin (1) a summary of completed state enforcement actions relating to individual and group
health plans offered in Minnesota during the preceding 12-month period regarding
compliance with parity in mental health and substance use disorders benefits in accordance
with state and federal law and a summary of the results of completed state enforcement
actions. Data that is protected under state or federal law as nonpublic, private, or confidential
shall remain nonpublic, private, or confidential. This summary must include:
new text end

new text begin (i) the number of formal enforcement actions taken;
new text end

new text begin (ii) the benefit classifications examined in each enforcement action; and
new text end

new text begin (iii) the subject matter of each enforcement action, including quantitative and
nonquantitative treatment limitations;
new text end

new text begin (2) detailed information about any regulatory actions the commissioner of health or
commissioner of commerce has taken as a result of a completed state enforcement action
pertaining to health plan compliance with Minnesota Statutes, sections 62Q.47 and 62Q.53,
and United States Code, title 42, section 18031(j);
new text end

new text begin (3) a description of the work group's recommendations on educating the public about
alcoholism, mental health, or chemical dependency parity protections under state and federal
law; and
new text end

new text begin (4) recommendations on the most effective approach to determine and demonstrate
mental health and substance use disorder parity, in accordance with state and federal law
for individual and group health plans offered in Minnesota.
new text end

new text begin (c) In developing the report and recommendations, the work group may consult with
the Substance Abuse and Mental Health Services Agency and the National Association of
Insurance Commissioners for the latest developments on evaluation of mental health and
substance use disorder parity.
new text end

new text begin (d) The report must be written in plain language and must be made available to the public
by being posted on the Web sites of the Department of Health and Department of Commerce.
The work group may make the report publicly available in additional ways, at its discretion.
new text end

new text begin (e) The report must include any draft legislation necessary to implement the
recommendations of the work group.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The mental health and substance use disorder parity work group
expires February 16, 2019, or the day after submitting the report required in this section,
whichever is earlier.
new text end

Sec. 10. new text beginPROVIDER GRANTS FOR ADMINISTRATION OF PERIPHERAL
NERVE BLOCKS.
new text end

new text begin (a) The commissioner of human services, within the limits of funding provided for the
substance use disorder provider capacity grant program under Laws 2017 First Special
Session chapter 6, article 12, section 4, may design and implement a grant program to assist
providers in purchasing devices for administering continuous peripheral nerve blocks to
treat, reduce, or prevent substance use disorder for medical assistance enrollees.
new text end

new text begin (b) If the commissioner implements the grant program, grants shall be distributed between
July 1, 2018, and June 30, 2019. The commissioner shall conduct outreach to providers
regarding the availability of this grant and ensure a simplified grant application process.
The commissioner shall provide technical assistance to assist providers in building operational
capacity to treat, reduce, or prevent substance use disorders with devices for administering
continuous peripheral nerve blocks. The commissioner, in collaboration with stakeholders,
shall: (1) analyze the impact of the grant program; (2) identify actual or perceived barriers
to providers accessing and obtaining reimbursement for devices for administering continuous
peripheral nerve blocks; and (3) develop recommendations for addressing identified barriers.
The commissioner shall provide a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy and finance
by September 1, 2019.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 151.55, new text end new text begin is repealed.
new text end

ARTICLE 37

HEALTH-RELATED LICENSING BOARDS

Section 1.

Minnesota Statutes 2016, section 144A.26, is amended to read:


144A.26 RECIPROCITY WITH OTHER STATESnew text begin AND EQUIVALENCY OF
HEALTH SERVICES EXECUTIVE
new text end.

new text begin Subdivision 1. new text end

new text begin Reciprocity. new text end

The Board of Examiners may issue a nursing home
administrator's license, without examination, to any person who holds a current license as
a nursing home administrator from another jurisdiction if the board finds that the standards
for licensure in the other jurisdiction are at least the substantial equivalent of those prevailing
in this state and that the applicant is otherwise qualified.

new text begin Subd. 2. new text end

new text begin Health services executive license. new text end

new text begin The Board of Examiners may issue a health
services executive license to any person who (1) has been validated by the National
Association of Long Term Care Administrator Boards as a health services executive, and
(2) has met the education and practice requirements for the minimum qualifications of a
nursing home administrator, assisted living administrator, and home and community-based
service provider. Licensure decisions made by the board under this subdivision are final.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 147.01, subdivision 7, is amended
to read:


Subd. 7.

Physician application and license fees.

(a) The board may charge the following
nonrefundable application and license fees processed pursuant to sections 147.02, 147.03,
147.037, 147.0375, and 147.38:

(1) physician application fee, $200;

(2) physician annual registration renewal fee, $192;

(3) physician endorsement to other states, $40;

(4) physician emeritus license, $50;

(5) physician temporary license, $60;

(6) physician late fee, $60;

(7) duplicate license fee, $20;

(8) certification letter fee, $25;

(9) education or training program approval fee, $100;

(10) report creation and generation fee, $60new text begin per hournew text end;

(11) examination administration fee (half day), $50;

(12) examination administration fee (full day), $80; deleted text beginand
deleted text end

(13) fees developed by the Interstate Commission for determining physician qualification
to register and participate in the interstate medical licensure compact, as established in rules
authorized in and pursuant to section 147.38, not to exceed $1,000deleted text begin.deleted text endnew text begin;
new text end

new text begin (14) verification fee, $25; and
new text end

new text begin (15) criminal background check fee, $32.
new text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fee must be deposited
in an account in the state government special revenue fund.

Sec. 3.

Minnesota Statutes 2016, section 147.012, is amended to read:


147.012 OVERSIGHT OF ALLIED HEALTH PROFESSIONS.

The board has responsibility for the oversight of the following allied health professions:
physician assistants under chapter 147Adeleted text begin;deleted text endnew text begin,new text end acupuncture practitioners under chapter 147Bdeleted text begin;deleted text endnew text begin,new text end
respiratory care practitioners under chapter 147Cdeleted text begin;deleted text endnew text begin,new text end traditional midwives under chapter 147Ddeleted text begin;deleted text endnew text begin,new text end
registered naturopathic doctors under chapter 147Edeleted text begin;deleted text endnew text begin, genetic counselors under chapter 147F,new text end
and athletic trainers under sections 148.7801 to 148.7815.

Sec. 4.

Minnesota Statutes 2016, section 147.02, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Additional renewal requirements. new text end

new text begin (a) The licensee must maintain a correct
mailing address with the board for receiving board communications, notices, and licensure
renewal documents. Placing the license renewal application in first class United States mail,
addressed to the licensee at the licensee's last known address with postage prepaid, constitutes
valid service. Failure to receive the renewal documents does not relieve a license holder of
the obligation to comply with this section.
new text end

new text begin (b) The names of licensees who do not return a complete license renewal application,
the annual license fee, or the late application fee within 30 days shall be removed from the
list of individuals authorized to practice medicine and surgery during the current renewal
period. Upon reinstatement of licensure, the licensee's name will be placed on the list of
individuals authorized to practice medicine and surgery.
new text end

Sec. 5.

Minnesota Statutes 2016, section 147A.06, is amended to read:


147A.06 CANCELLATION OF LICENSE FOR NONRENEWAL.

new text begin Subdivision 1. new text end

new text begin Cancellation of license. new text end

The board shall not renew, reissue, reinstate, or
restore a license that has lapsed on or after July 1, 1996, and has not been renewed within
two annual renewal cycles starting July 1, 1997. A licensee whose license is canceled for
nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements
then in existence for an initial license to practice as a physician assistant.

new text begin Subd. 2. new text end

new text begin Licensure following lapse of licensed status; transition. new text end

new text begin (a) A licensee whose
license has lapsed under subdivision 1 before January 1, 2019, and who seeks to regain
licensed status after January 1, 2019, shall be treated as a first-time licensee only for purposes
of establishing a license renewal schedule, and shall not be subject to the license cycle
conversion provisions in section 147A.29.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2016, section 147A.07, is amended to read:


147A.07 RENEWAL.

new text begin (a) new text endA person who holds a license as a physician assistant shall annually, upon notification
from the board, renew the license by:

(1) submitting the appropriate fee as determined by the board;

(2) completing the appropriate forms; and

(3) meeting any other requirements of the board.

new text begin (b) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end

new text begin (c) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 147A.28, is amended to read:


147A.28 PHYSICIAN ASSISTANT APPLICATION AND LICENSE FEES.

(a) The board may charge the following nonrefundable fees:

(1) physician assistant application fee, $120;

(2) physician assistant annual registration renewal fee (prescribing authority), $135;

(3) physician assistant annual registration renewal fee (no prescribing authority), $115;

(4) physician assistant temporary registration, $115;

(5) physician assistant temporary permit, $60;

(6) physician assistant locum tenens permit, $25;

(7) physician assistant late fee, $50;

(8) duplicate license fee, $20;

(9) certification letter fee, $25;

(10) education or training program approval fee, $100; deleted text beginand
deleted text end

(11) report creation and generation fee, $60deleted text begin.deleted text endnew text begin per hour;
new text end

new text begin (12) verification fee, $25; and
new text end

new text begin (13) criminal background check fee, $32.
new text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.

Sec. 8.

new text begin [147A.29] LICENSE RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The license renewal cycle for physician assistant licensees
is converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee shall be charged the annual license fee listed in section 147A.28 for the
conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end

new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end

new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147A.28.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 9.

Minnesota Statutes 2016, section 147B.02, subdivision 9, is amended to read:


Subd. 9.

Renewal.

(a) To renew a license an applicant must:

(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;

(2) submit the renewal fee;

(3) provide documentation of current and active NCCAOM certification; or

(4) if licensed under subdivision 5 or 6, meet the same NCCAOM professional
development activity requirements as those licensed under subdivision 7.

(b) An applicant shall submit any additional information requested by the board to clarify
information presented in the renewal application. The information must be submitted within
30 days after the board's request, or the renewal request is nullified.

new text begin (c) An applicant must maintain a correct mailing address with the board for receiving
board communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the applicant at the applicant's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve an applicant of the obligation to comply with this section.
new text end

new text begin (d) The name of an applicant who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the applicant's license is reinstated, the applicant's name shall be
placed on the list of individuals authorized to practice.
new text end

Sec. 10.

Minnesota Statutes 2016, section 147B.02, is amended by adding a subdivision
to read:


new text begin Subd. 12a. new text end

new text begin Licensure following lapse of licensed status; transition. new text end

new text begin (a) A licensee
whose license has lapsed under subdivision 12 before January 1, 2019, and who seeks to
regain licensed status after January 1, 2019, shall be treated as a first-time licensee only for
purposes of establishing a license renewal schedule, and shall not be subject to the license
cycle conversion provisions in section 147B.09.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 11.

Minnesota Statutes 2017 Supplement, section 147B.08, is amended to read:


147B.08 FEES.

Subd. 4.

Acupuncturist application and license fees.

(a) The board may charge the
following nonrefundable fees:

(1) acupuncturist application fee, $150;

(2) acupuncturist annual registration renewal fee, $150;

(3) acupuncturist temporary registration fee, $60;

(4) acupuncturist inactive status fee, $50;

(5) acupuncturist late fee, $50;

(6) duplicate license fee, $20;

(7) certification letter fee, $25;

(8) education or training program approval fee, $100; deleted text beginand
deleted text end

(9) report creation and generation fee, $60deleted text begin.deleted text endnew text begin per hour;
new text end

new text begin (10) verification fee, $25; and
new text end

new text begin (11) criminal background check fee, $32.
new text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.

Sec. 12.

new text begin [147B.09] LICENSE RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The license renewal cycle for acupuncture practitioner licensees
is converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee shall be charged the annual license fee listed in section 147B.08 for the
conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end

new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end

new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147B.08.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 13.

Minnesota Statutes 2016, section 147C.15, subdivision 7, is amended to read:


Subd. 7.

Renewal.

(a) To be eligible for license renewal a licensee must:

(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;

(2) submit the renewal fee;

(3) provide evidence every two years of a total of 24 hours of continuing education
approved by the board as described in section 147C.25; and

(4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.

(b) Applicants for renewal who have not practiced the equivalent of eight full weeks
during the past five years must achieve a passing score on retaking the credentialing
examination.

new text begin (c) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end

new text begin (d) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end

Sec. 14.

Minnesota Statutes 2016, section 147C.15, is amended by adding a subdivision
to read:


new text begin Subd. 12a. new text end

new text begin Licensure following lapse of licensed status; transition. new text end

new text begin (a) A licensee
whose license has lapsed under subdivision 12 before January 1, 2019, and who seeks to
regain licensed status after January 1, 2019, shall be treated as a first-time licensee only for
purposes of establishing a license renewal schedule, and shall not be subject to the license
cycle conversion provisions in section 147C.45.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 15.

Minnesota Statutes 2017 Supplement, section 147C.40, is amended to read:


147C.40 FEES.

Subd. 5.

Respiratory therapist application and license fees.

(a) The board may charge
the following nonrefundable fees:

(1) respiratory therapist application fee, $100;

(2) respiratory therapist annual registration renewal fee, $90;

(3) respiratory therapist inactive status fee, $50;

(4) respiratory therapist temporary registration fee, $90;

(5) respiratory therapist temporary permit, $60;

(6) respiratory therapist late fee, $50;

(7) duplicate license fee, $20;

(8) certification letter fee, $25;

(9) education or training program approval fee, $100; deleted text beginand
deleted text end

(10) report creation and generation fee, $60deleted text begin.deleted text endnew text begin per hour;
new text end

new text begin (11) verification fee, $25; and
new text end

new text begin (12) criminal background check fee, $32.
new text end

(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.

Sec. 16.

new text begin [147C.45] LICENSE RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The license renewal cycle for respiratory care practitioner
licensees is converted to an annual cycle where renewal is due on the last day of the licensee's
month of birth. Conversion pursuant to this section begins January 1, 2019. This section
governs license renewal procedures for licensees who were licensed before December 31,
2018. The conversion renewal cycle is the renewal cycle following the first license renewal
after January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee shall be charged the annual license fee listed in section 147C.40 for the
conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end

new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end

new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147C.40.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 17.

Minnesota Statutes 2016, section 147D.17, subdivision 6, is amended to read:


Subd. 6.

Renewal.

new text begin(a) new text endTo be eligible for license renewal, a licensed traditional midwife
must:

(1) complete a renewal application on a form provided by the board;

(2) submit the renewal fee;

(3) provide evidence every three years of a total of 30 hours of continuing education
approved by the board as described in section 147D.21;

(4) submit evidence of an annual peer review and update of the licensed traditional
midwife's medical consultation plan; and

(5) submit any additional information requested by the board. The information must be
submitted within 30 days after the board's request, or the renewal request is nullified.

new text begin (b) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end

new text begin (c) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end

Sec. 18.

Minnesota Statutes 2016, section 147D.17, is amended by adding a subdivision
to read:


new text begin Subd. 11a. new text end

new text begin Licensure following lapse of licensed status; transition. new text end

new text begin (a) A licensee
whose license has lapsed under subdivision 11 before January 1, 2019, and who seeks to
regain licensed status after January 1, 2019, shall be treated as a first-time licensee only for
purposes of establishing a license renewal schedule, and shall not be subject to the license
cycle conversion provisions in section 147D.29.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 19.

Minnesota Statutes 2016, section 147D.27, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Additional fees. new text end

new text begin The board may also charge the following nonrefundable fees:
new text end

new text begin (1) verification fee, $25;
new text end

new text begin (2) certification letter fee, $25;
new text end

new text begin (3) education or training program approval fee, $100;
new text end

new text begin (4) report creation and generation fee, $60 per hour;
new text end

new text begin (5) duplicate license fee, $20; and
new text end

new text begin (6) criminal background check fee, $32.
new text end

Sec. 20.

new text begin [147D.29] LICENSE RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The license renewal cycle for traditional midwife licensees
is converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee shall be charged the annual license fee listed in section 147D.27 for the
conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end

new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end

new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147D.27.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 21.

Minnesota Statutes 2016, section 147E.15, subdivision 5, is amended to read:


Subd. 5.

Renewal.

new text begin(a) new text endTo be eligible for registration renewal a registrant must:

(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;

(2) submit the renewal fee;

(3) provide evidence of a total of 25 hours of continuing education approved by the
board as described in section 147E.25; and

(4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.

new text begin (b) A registrant must maintain a correct mailing address with the board for receiving
board communications, notices, and registration renewal documents. Placing the registration
renewal application in first class United States mail, addressed to the registrant at the
registrant's last known address with postage prepaid, constitutes valid service. Failure to
receive the renewal documents does not relieve a registrant of the obligation to comply with
this section.
new text end

new text begin (c) The name of a registrant who does not return a complete registration renewal
application, annual registration fee, or late application fee, as applicable, within the time
period required by this section shall be removed from the list of individuals authorized to
practice during the current renewal period. If the registrant's registration is reinstated, the
registrant's name shall be placed on the list of individuals authorized to practice.
new text end

Sec. 22.

Minnesota Statutes 2016, section 147E.15, is amended by adding a subdivision
to read:


new text begin Subd. 10a. new text end

new text begin Registration following lapse of registered status; transition. new text end

new text begin (a) A registrant
whose registration has lapsed under subdivision 10 before January 1, 2019, and who seeks
to regain registered status after January 1, 2019, shall be treated as a first-time registrant
only for purposes of establishing a registration renewal schedule, and shall not be subject
to the registration cycle conversion provisions in section 147E.45.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 23.

Minnesota Statutes 2016, section 147E.40, subdivision 1, is amended to read:


Subdivision 1.

Fees.

Fees are as follows:

(1) registration application fee, $200;

(2) renewal fee, $150;

(3) late fee, $75;

(4) inactive status fee, $50; deleted text beginand
deleted text end

(5) temporary permit fee, $25deleted text begin.deleted text endnew text begin;
new text end

new text begin (6) emeritus registration fee, $50;
new text end

new text begin (7) duplicate license fee, $20;
new text end

new text begin (8) certification letter fee, $25;
new text end

new text begin (9) verification fee, $25;
new text end

new text begin (10) education or training program approval fee, $100; and
new text end

new text begin (11) report creation and generation fee, $60 per hour.
new text end

Sec. 24.

new text begin [147E.45] REGISTRATION RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The registration renewal cycle for registered naturopathic
doctors is converted to an annual cycle where renewal is due on the last day of the registrant's
month of birth. Conversion pursuant to this section begins January 1, 2019. This section
governs registration renewal procedures for registrants who were registered before December
31, 2018. The conversion renewal cycle is the renewal cycle following the first registration
renewal after January 1, 2019. The conversion registration period is the registration period
for the conversion renewal cycle. The conversion registration period is between six and 17
months and ends on the last day of the registrant's month of birth in either 2019 or 2020, as
described in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of registration renewal cycle for current registrants. new text end

new text begin For a
registrant whose registration is current as of December 31, 2018, the registrant's conversion
registration period begins on January 1, 2019, and ends on the last day of the registrant's
month of birth in 2019, except that for registrants whose month of birth is January, February,
March, April, May, or June, the registrant's renewal cycle ends on the last day of the
registrant's month of birth in 2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of registration renewal cycle for noncurrent registrants. new text end

new text begin This
subdivision applies to an individual who was registered before December 31, 2018, but
whose registration is not current as of December 31, 2018. When the individual first renews
the registration after January 1, 2019, the conversion renewal cycle begins on the date the
individual applies for renewal and ends on the last day of the registrant's month of birth in
the same year, except that if the last day of the individual's month of birth is less than six
months after the date the individual applies for renewal, then the renewal period ends on
the last day of the individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the registrant's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the registrant's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A registrant who holds a registration issued
before January 1, 2019, and who renews that registration pursuant to subdivision 2 or 3,
shall pay a renewal fee as required in this subdivision.
new text end

new text begin (b) A registrant shall be charged the annual registration fee listed in section 147E.40 for
the conversion registration period.
new text end

new text begin (c) For a registrant whose conversion registration period is six to 11 months, the first
annual registration fee charged after the conversion registration period shall be adjusted to
credit the excess fee payment made during the conversion registration period. The credit is
calculated by: (1) subtracting the number of months of the registrant's conversion registration
period from 12; and (2) multiplying the result of clause (1) by 1/12 of the annual fee rounded
up to the next dollar.
new text end

new text begin (d) For a registrant whose conversion registration period is 12 months, the first annual
registration fee charged after the conversion registration period shall not be adjusted.
new text end

new text begin (e) For a registrant whose conversion registration period is 13 to 17 months, the first
annual registration fee charged after the conversion registration period shall be adjusted to
add the annual registration fee payment for the months that were not included in the annual
registration fee paid for the conversion registration period. The added payment is calculated
by: (1) subtracting 12 from the number of months of the registrant's conversion registration
period; and (2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to
the next dollar.
new text end

new text begin (f) For the second and all subsequent registration renewals made after the conversion
registration period, the registrant's annual registration fee is as listed in section 147E.40.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 25.

Minnesota Statutes 2016, section 147F.07, subdivision 5, is amended to read:


Subd. 5.

License renewal.

new text begin(a) new text endTo be eligible for license renewal, a licensed genetic
counselor must submit to the board:

(1) a renewal application on a form provided by the board;

(2) the renewal fee required under section 147F.17;

(3) evidence of compliance with the continuing education requirements in section
147F.11; and

(4) any additional information requested by the board.

new text begin (b) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end

new text begin (c) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end

Sec. 26.

Minnesota Statutes 2016, section 147F.07, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Licensure following lapse of licensure status for two years or less. new text end

new text begin For any
individual whose licensure status has lapsed for two years or less, to regain licensure status,
the individual must:
new text end

new text begin (1) apply for license renewal according to subdivision 5;
new text end

new text begin (2) document compliance with the continuing education requirements of section 147F.11
since the licensed genetic counselor's initial licensure or last renewal; and
new text end

new text begin (3) submit the fees required under section 147F.17 for the period not licensed, including
the fee for late renewal.
new text end

Sec. 27.

Minnesota Statutes 2016, section 147F.07, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Licensure following lapse of licensed status; transition. new text end

new text begin (a) A licensee whose
license has lapsed under subdivision 6 before January 1, 2019, and who seeks to regain
licensed status after January 1, 2019, shall be treated as a first-time licensee only for purposes
of establishing a license renewal schedule, and shall not be subject to the license cycle
conversion provisions in section 147F.19.
new text end

new text begin (b) This subdivision expires July 1, 2021.
new text end

Sec. 28.

Minnesota Statutes 2016, section 147F.17, subdivision 1, is amended to read:


Subdivision 1.

Fees.

Fees are as follows:

(1) license application fee, $200;

(2) initial licensure and annual renewal, $150; deleted text beginand
deleted text end

(3) late fee, $75deleted text begin.deleted text endnew text begin;
new text end

new text begin (4) temporary license fee, $60;
new text end

new text begin (5) duplicate license fee, $20;
new text end

new text begin (6) certification letter fee, $25;
new text end

new text begin (7) education or training program approval fee, $100;
new text end

new text begin (8) report creation and generation fee, $60 per hour; and
new text end

new text begin (9) criminal background check fee, $32.
new text end

Sec. 29.

new text begin [147F.19] LICENSE RENEWAL CYCLE CONVERSION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The license renewal cycle for genetic counselor licensees is
converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end

new text begin Subd. 3. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end

new text begin Subd. 5. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee shall be charged the annual license fee listed in section 147F.17 for the
conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end

new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end

new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147F.17.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2021.
new text end

Sec. 30.

Minnesota Statutes 2016, section 148.59, is amended to read:


148.59 LICENSE RENEWAL; LICENSE AND REGISTRATION FEES.

A licensed optometrist shall pay to the state Board of Optometry a fee as set by the board
in order to renew a license as provided by board rule. No fees shall be refunded. Fees may
not exceed the following amounts but may be adjusted lower by board direction and are for
the exclusive use of the board:

(1) optometry licensure application, $160;

(2) optometry annual licensure renewal, deleted text begin$135deleted text endnew text begin $170new text end;

(3) optometry late penalty fee, $75;

(4) annual license renewal card, $10;

(5) continuing education provider application, $45;

(6) emeritus registration, $10;

(7) endorsement/reciprocity application, $160;

(8) replacement of initial license, $12; deleted text beginand
deleted text end

(9) license verification, $50deleted text begin.deleted text endnew text begin;
new text end

new text begin (10) jurisprudence state examination, $75;
new text end

new text begin (11) Optometric Education Continuing Education data bank registration, $20; and
new text end

new text begin (12) data requests and labels, $50.
new text end

Sec. 31.

Minnesota Statutes 2016, section 148.7815, subdivision 1, is amended to read:


Subdivision 1.

Fees.

The board shall establish fees as follows:

(1) application fee, $50;

(2) annual registration fee, $100;

(3) temporary registration, $100; deleted text beginand
deleted text end

(4) temporary permit, $50deleted text begin.deleted text endnew text begin;
new text end

new text begin (5) late fee, $15;
new text end

new text begin (6) duplicate license fee, $20;
new text end

new text begin (7) certification letter fee, $25;
new text end

new text begin (8) verification fee, $25;
new text end

new text begin (9) education or training program approval fee, $100; and
new text end

new text begin (10) report creation and generation fee, $60 per hour.
new text end

Sec. 32.

Minnesota Statutes 2016, section 148E.180, is amended to read:


148E.180 FEE AMOUNTS.

Subdivision 1.

Application fees.

new text beginNonrefundable new text endapplication fees for licensure deleted text beginare as
follows
deleted text endnew text begin may not exceed the following amountsnew text end:

(1) for a licensed social worker, deleted text begin$45deleted text endnew text begin $54new text end;

(2) for a licensed graduate social worker, deleted text begin$45deleted text endnew text begin $54new text end;

(3) for a licensed independent social worker, deleted text begin$45deleted text endnew text begin $54new text end;

(4) for a licensed independent clinical social worker, deleted text begin$45deleted text endnew text begin $54new text end;

(5) for a temporary license, $50; and

(6) for a licensure by endorsement, deleted text begin$85deleted text endnew text begin $92new text end.

The fee for criminal background checks is the fee charged by the Bureau of Criminal
Apprehension. The criminal background check fee must be included with the application
fee as required according to section 148E.055.

Subd. 2.

License fees.

new text beginNonrefundable new text endlicense fees deleted text beginare as followsdeleted text endnew text begin may not exceed the
following amounts but may be adjusted lower by board action
new text end:

(1) for a licensed social worker, deleted text begin$81deleted text endnew text begin $97new text end;

(2) for a licensed graduate social worker, deleted text begin$144deleted text endnew text begin $172new text end;

(3) for a licensed independent social worker, deleted text begin$216deleted text endnew text begin $258new text end;

(4) for a licensed independent clinical social worker, deleted text begin$238.50deleted text endnew text begin $284new text end;

(5) for an emeritus inactive license, deleted text begin$43.20deleted text endnew text begin $51new text end;

(6) for an emeritus active license, one-half of the renewal fee specified in subdivision
3; and

(7) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.

If the licensee's initial license term is less or more than 24 months, the required license
fees must be prorated proportionately.

Subd. 3.

Renewal fees.

new text beginNonrefundable new text endrenewal fees for deleted text beginlicensure are as followsdeleted text endnew text begin the
two-year renewal term may not exceed the following amounts but may be adjusted lower
by board action
new text end:

(1) for a licensed social worker, deleted text begin$81deleted text endnew text begin $97new text end;

(2) for a licensed graduate social worker, deleted text begin$144deleted text endnew text begin $172new text end;

(3) for a licensed independent social worker, deleted text begin$216deleted text endnew text begin $258new text end; and

(4) for a licensed independent clinical social worker, deleted text begin$238.50deleted text endnew text begin $284new text end.

Subd. 4.

Continuing education provider fees.

Continuing education provider fees are
deleted text begin as followsdeleted text endnew text begin the following nonrefundable amountsnew text end:

(1) for a provider who offers programs totaling one to eight clock hours in a one-year
period according to section 148E.145, deleted text begin$50deleted text endnew text begin $60new text end;

(2) for a provider who offers programs totaling nine to 16 clock hours in a one-year
period according to section 148E.145, deleted text begin$100deleted text endnew text begin $120new text end;

(3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year period
according to section 148E.145, deleted text begin$200deleted text endnew text begin $240new text end;

(4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year period
according to section 148E.145, deleted text begin$400deleted text endnew text begin $480new text end; and

(5) for a provider who offers programs totaling 49 or more clock hours in a one-year
period according to section 148E.145, deleted text begin$600deleted text endnew text begin $720new text end.

Subd. 5.

Late fees.

Late fees are deleted text beginas followsdeleted text endnew text begin the following nonrefundable amountsnew text end:

(1) renewal late fee, one-fourth of the renewal fee specified in subdivision 3;

(2) supervision plan late fee, $40; and

(3) license late fee, $100 plus the prorated share of the license fee specified in subdivision
2 for the number of months during which the individual practiced social work without a
license.

Subd. 6.

License cards and wall certificates.

(a) The fee for a license card as specified
in section 148E.095 is $10.

(b) The fee for a license wall certificate as specified in section 148E.095 is $30.

Subd. 7.

Reactivation fees.

Reactivation fees are deleted text beginas followsdeleted text endnew text begin the following nonrefundable
amounts
new text end:

(1) reactivation from a temporary leave or emeritus status, the prorated share of the
renewal fee specified in subdivision 3; and

(2) reactivation of an expired license, 1-1/2 times the renewal fees specified in subdivision
3.

Sec. 33.

Minnesota Statutes 2016, section 150A.06, subdivision 1a, is amended to read:


Subd. 1a.

Faculty dentists.

(a) Faculty members of a school of dentistry must be licensed
in order to practice dentistry as defined in section 150A.05. The board may issue to members
of the faculty of a school of dentistry a license designated as either a "limited faculty license"
or a "full faculty license" entitling the holder to practice dentistry within the terms described
in paragraph (b) or (c). The dean of a school of dentistry and program directors of a
Minnesota dental hygienenew text begin, dental therapy,new text end or dental assisting school accredited by the
Commission on Dental Accreditation shall certify to the board those members of the school's
faculty who practice dentistry but are not licensed to practice dentistry in Minnesota. A
faculty member who practices dentistry as defined in section 150A.05, before beginning
duties in a school of dentistry deleted text beginor adeleted text endnew text begin, dental therapy,new text end dental hygienenew text begin,new text end or dental assisting deleted text beginschool,deleted text end
shall apply to the board for a limited or full faculty license. Pursuant to Minnesota Rules,
chapter 3100, and at the discretion of the board, a limited faculty license must be renewed
annually and a full faculty license must be renewed biennially. The faculty applicant shall
pay a nonrefundable fee set by the board for issuing and renewing the faculty license. The
faculty license is valid during the time the holder remains a member of the faculty of a
school of dentistry deleted text beginor adeleted text endnew text begin, dental therapy,new text end dental hygienenew text begin,new text end or dental assisting deleted text beginschooldeleted text end and subjects
the holder to this chapter.

(b) The board may issue to dentist members of the faculty of a Minnesota school of
dentistry, new text begindental therapy, new text enddental hygiene, or dental assisting accredited by the Commission
on Dental Accreditation, a license designated as a limited faculty license entitling the holder
to practice dentistry within the school and its affiliated teaching facilities, but only for the
purposes of teaching or conducting research. The practice of dentistry at a school facility
for purposes other than teaching or research is not allowed unless the dentist was a faculty
member on August 1, 1993.

(c) The board may issue to dentist members of the faculty of a Minnesota school of
dentistry, new text begindental therapy, new text enddental hygiene, or dental assisting accredited by the Commission
on Dental Accreditation a license designated as a full faculty license entitling the holder to
practice dentistry within the school and its affiliated deleted text beginteachingdeleted text end facilities deleted text beginand elsewheredeleted text end if the
holder of the license is employed deleted text begin50 percent time or moredeleted text endnew text begin full timenew text end by the school in the
practice of teachingnew text begin, supervising,new text end or research, and upon successful review by the board of
the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule. The
board, at its discretion, may waive specific licensing prerequisites.

Sec. 34.

Minnesota Statutes 2016, section 150A.06, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Emeritus inactive license. new text end

new text begin (a) A dental professional licensed under this chapter
to practice dentistry, dental therapy, dental hygiene, or dental assisting who retires from
active practice in the state may apply to the board for an emeritus inactive license. An
applicant must apply for an emeritus inactive license on the biennial licensing form or by
petitioning the board.
new text end

new text begin (b) The board shall not grant an emeritus inactive license to an applicant who is the
subject of a disciplinary action resulting in the current suspension, revocation,
disqualification, condition, or restriction of the applicant's license to practice dentistry,
dental therapy, dental hygiene, or dental assisting.
new text end

new text begin (c) An emeritus inactive licensee is prohibited from practicing dentistry, dental therapy,
dental hygiene, or dental assisting. An emeritus inactive license is a formal recognition of
completion of the licensee's dental career in good standing.
new text end

new text begin (d) The board shall charge a onetime fee for issuance of an emeritus inactive license,
pursuant to section 150A.091.
new text end

Sec. 35.

Minnesota Statutes 2016, section 150A.06, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Emeritus active license. new text end

new text begin (a) A dental professional licensed to practice dentistry,
dental therapy, dental hygiene, or dental assisting, pursuant to section 150A.05 and Minnesota
Rules, part 3100.8500, who declares retirement from active practice in the state may apply
to the board for an emeritus active license. An applicant must apply for an emeritus active
license on a form as required by the board.
new text end

new text begin (b) An emeritus active licensee may engage only in pro bono or volunteer practice, paid
practice not to exceed 240 hours per calendar year for the purpose of providing license
supervision to meet board requirements, and paid consulting services not to exceed 240
hours per calendar year.
new text end

new text begin (c) An emeritus active licensee is prohibited from representing that the licensee is
authorized to engage in any practice except as provided in paragraph (b). The board may
take disciplinary or corrective action against an emeritus active licensee as provided in
section 150A.08.
new text end

new text begin (d) An emeritus active license must be renewed biennially. The renewal requirements
for an emeritus active license are:
new text end

new text begin (1) completion of a renewal form as required by the board;
new text end

new text begin (2) payment of a renewal fee pursuant to section 150A.091; and
new text end

new text begin (3) reporting of 25 completed continuing education hours, which must include:
new text end

new text begin (i) courses in two required CORE areas;
new text end

new text begin (ii) one hour of credit on infection control;
new text end

new text begin (iii) for emeritus active licenses in dentistry and dental therapy, at least 15 fundamental
credits and no more than ten elective credits; and
new text end

new text begin (iv) for emeritus active licenses in dental hygiene and dental assisting, at least seven
fundamental credits and no more than six elective credits.
new text end

Sec. 36.

Minnesota Statutes 2016, section 150A.091, is amended by adding a subdivision
to read:


new text begin Subd. 19. new text end

new text begin Emeritus inactive license. new text end

new text begin Each applicant shall submit with an application
for an emeritus inactive license a onetime, nonrefundable fee in the amount of $50.
new text end

Sec. 37.

Minnesota Statutes 2016, section 150A.091, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin Emeritus active license. new text end

new text begin Each applicant shall submit with an application for
an emeritus inactive license, and each emeritus active licensee shall submit with a renewal
application, a nonrefundable fee as follows:
new text end

new text begin (1) for an emeritus active license in dentistry, $212;
new text end

new text begin (2) for an emeritus active license in dental therapy, $100;
new text end

new text begin (3) for an emeritus active license in dental hygiene, $75; and
new text end

new text begin (4) for an emeritus active license in dental assisting, $55.
new text end

Sec. 38.

Minnesota Statutes 2016, section 151.15, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Receipt of emergency prescription orders. new text end

new text begin A pharmacist, when that pharmacist
is not present within a licensed pharmacy, may accept a written, verbal, or electronic
prescription drug order from a practitioner only if:
new text end

new text begin (1) the prescription drug order is for an emergency situation where waiting for the
licensed pharmacy from which the prescription will be dispensed to open would likely cause
the patient to experience significant physical harm or discomfort;
new text end

new text begin (2) the pharmacy from which the prescription drug order will be dispensed is closed for
business;
new text end

new text begin (3) the pharmacist has been designated to be on call for the licensed pharmacy that will
fill the prescription drug order;
new text end

new text begin (4) in the case of an electronic prescription drug order, the order must be received through
secure and encrypted electronic means;
new text end

new text begin (5) the pharmacist takes reasonable precautions to ensure that the prescription drug order
will be handled in a manner consistent with federal and state statutes regarding the handling
of protected health information; and
new text end

new text begin (6) the pharmacy from which the prescription drug order will be dispensed has relevant
and appropriate policies and procedures in place and makes them available to the board
upon request.
new text end

Sec. 39.

Minnesota Statutes 2016, section 151.15, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Processing of emergency prescription orders. new text end

new text begin A pharmacist, when that
pharmacist is not present within a licensed pharmacy, may access a pharmacy prescription
processing system through secure and encrypted electronic means in order to process an
emergency prescription accepted pursuant to subdivision 5 only if:
new text end

new text begin (1) the pharmacy from which the prescription drug order will be dispensed is closed for
business;
new text end

new text begin (2) the pharmacist has been designated to be on call for the licensed pharmacy that will
fill the prescription drug order;
new text end

new text begin (3) the prescription drug order is for a patient of a long-term care facility or a county
correctional facility;
new text end

new text begin (4) the prescription drug order is processed pursuant to this chapter and rules adopted
under this chapter; and
new text end

new text begin (5) the pharmacy from which the prescription drug order will be dispensed has relevant
and appropriate policies and procedures in place and makes them available to the board
upon request.
new text end

Sec. 40.

Minnesota Statutes 2016, section 151.19, subdivision 1, is amended to read:


Subdivision 1.

Pharmacy licensure requirements.

(a) No person shall operate a
pharmacy without first obtaining a license from the board and paying any applicable fee
specified in section 151.065. The license shall be displayed in a conspicuous place in the
pharmacy for which it is issued and expires on June 30 following the date of issue. It is
unlawful for any person to operate a pharmacy unless the license has been issued to the
person by the board.

(b) Application for a pharmacy license under this section shall be made in a manner
specified by the board.

(c) No license shall be issued or renewed for a pharmacy located within the state unless
the applicant agrees to operate the pharmacy in a manner prescribed by federal and state
law and according to rules adopted by the board. No license shall be issued for a pharmacy
located outside of the state unless the applicant agrees to operate the pharmacy in a manner
prescribed by federal law and, when dispensing medications for residents of this state, the
laws of this state, and Minnesota Rules.

(d) No license shall be issued or renewed for a pharmacy that is required to be licensed
or registered by the state in which it is physically located unless the applicant supplies the
board with proof of such licensure or registration.

(e) The board shall require a separate license for each pharmacy located within the state
and for each pharmacy located outside of the state at which any portion of the dispensing
process occurs for drugs dispensed to residents of this state.

(f) The board shall not issue an initial or renewed license for a pharmacy unless the
pharmacy passes an inspection conducted by an authorized representative of the board. In
the case of a pharmacy located outside of the state, the board may require the applicant to
pay the cost of the inspection, in addition to the license fee in section 151.065, unless the
applicant furnishes the board with a report, issued by the appropriate regulatory agency of
the state in which the facility is located, of an inspection that has occurred within the 24
months immediately preceding receipt of the license application by the board. The board
may deny licensure unless the applicant submits documentation satisfactory to the board
that any deficiencies noted in an inspection report have been corrected.

(g) The board shall not issue an initial or renewed license for a pharmacy located outside
of the state unless the applicant discloses and certifies:

(1) the location, names, and titles of all principal corporate officers and all pharmacists
who are involved in dispensing drugs to residents of this state;

(2) that it maintains its records of drugs dispensed to residents of this state so that the
records are readily retrievable from the records of other drugs dispensed;

(3) that it agrees to cooperate with, and provide information to, the board concerning
matters related to dispensing drugs to residents of this state;

(4) that, during its regular hours of operation, but no less than six days per week, for a
minimum of 40 hours per week, a toll-free telephone service is provided to facilitate
communication between patients in this state and a pharmacist at the pharmacy who has
access to the patients' records; the toll-free number must be disclosed on the label affixed
to each container of drugs dispensed to residents of this state; and

(5) that, upon request of a resident of a long-term care facility located in this state, the
resident's authorized representative, or a contract pharmacy or licensed health care facility
acting on behalf of the resident, the pharmacy will dispense medications prescribed for the
resident in unit-dose packaging or, alternatively, comply with section 151.415, subdivision
5
.

new text begin (h) This subdivision does not apply to a manufacturer licensed under section 151.252,
subdivision 1, a wholesale drug distributor licensed under section 151.47, or a third-party
logistics provider, to the extent the manufacturer, wholesale drug distributor, or third-party
logistics provider is engaged in the distribution of dialysate or devices necessary to perform
home peritoneal dialysis on patients with end-stage renal disease, if:
new text end

new text begin (1) the manufacturer or its agent leases or owns the licensed manufacturing or wholesaling
facility from which the dialysate or devices will be delivered;
new text end

new text begin (2) the dialysate is comprised of dextrose or icodextrin and has been approved by the
United States Food and Drug Administration;
new text end

new text begin (3) the dialysate is stored and delivered in its original, sealed, and unopened
manufacturer's packaging;
new text end

new text begin (4) the dialysate or devices are delivered only upon:
new text end

new text begin (i) receipt of a physician's order by a Minnesota licensed pharmacy; and
new text end

new text begin (ii) the review and processing of the prescription by a pharmacist licensed by the state
in which the pharmacy is located, who is employed by or under contract to the pharmacy;
new text end

new text begin (5) prescriptions, policies, procedures, and records of delivery are maintained by the
manufacturer for a minimum of three years and are made available to the board upon request;
and
new text end

new text begin (6) the manufacturer or the manufacturer's agent delivers the dialysate or devices directly
to:
new text end

new text begin (i) a patient with end-stage renal disease for whom the prescription was written or the
patient's designee, for the patient's self-administration of the dialysis therapy; or
new text end

new text begin (ii) a health care provider or institution, for administration or delivery of the dialysis
therapy to a patient with end-stage renal disease for whom the prescription was written.
new text end

Sec. 41.

Minnesota Statutes 2016, section 151.46, is amended to read:


151.46 PROHIBITED DRUG PURCHASES OR RECEIPT.

It is unlawful for any person to knowingly purchase or receive a prescription drug from
a source other than a person or entity licensed under the laws of the state, except where
otherwise provided. Licensed wholesale drug distributors other than pharmacies shall not
dispense or distribute prescription drugs directly to patientsnew text begin except for licensed facilities
that dispense or distribute home peritoneal dialysis products directly to patients pursuant
to section 151.19, subdivision 1, paragraph (h)
new text end. A person violating the provisions of this
section is guilty of a misdemeanor.

Sec. 42.

Minnesota Statutes 2016, section 214.075, subdivision 1, is amended to read:


Subdivision 1.

Applications.

(a) deleted text beginBy January 1, 2018,deleted text end Each health-related licensing
board, as defined in section 214.01, subdivision 2, shall require deleted text beginapplicants for initial licensure,
licensure by endorsement, or reinstatement or other relicensure after a lapse in licensure,
as defined by the individual health-related licensing boards,
deleted text endnew text begin the following individualsnew text end to
submit to a criminal history records check of state data completed by the Bureau of Criminal
Apprehension (BCA) and a national criminal history records check, including a search of
the records of the Federal Bureau of Investigation (FBI)deleted text begin.deleted text endnew text begin:
new text end

new text begin (1) applicants for initial licensure or licensure by endorsement. An applicant is exempt
from this paragraph if the applicant submitted to a state and national criminal history records
check as described in this paragraph for a license issued by the same board;
new text end

new text begin (2) applicants seeking reinstatement or relicensure, as defined by the individual
health-related licensing board, if more than one year has elapsed since the applicant's license
or registration expiration date; or
new text end

new text begin (3) licensees applying for eligibility to participate in an interstate licensure compact.
new text end

(b) deleted text beginAn applicant must complete a criminal background check if more than one year has
elapsed since the applicant last submitted a background check to the board.
deleted text endnew text begin An applicant's
criminal background check results are valid for one year from the date the background check
results were received by the board. If more than one year has elapsed since the results were
received by the board, then an applicant who has not completed the licensure, reinstatement,
or relicensure process must complete a new background check.
new text end

Sec. 43.

Minnesota Statutes 2016, section 214.075, subdivision 4, is amended to read:


Subd. 4.

Refusal to consent.

(a) The health-related licensing boards shall not issue a
license to any applicant who refuses to consent to a criminal background check or fails to
submit fingerprints deleted text beginwithin 90 daysdeleted text end after submission of an application for licensure. Any
fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
to the criminal background check or fails to submit the required fingerprints.

(b) The failure of a licensee to submit to a criminal background check as provided in
subdivision 3 is grounds for disciplinary action by the respective health-related licensing
board.

Sec. 44.

Minnesota Statutes 2016, section 214.075, subdivision 5, is amended to read:


Subd. 5.

Submission of fingerprints to the Bureau of Criminal Apprehension.

The
health-related licensing board or designee shall submit applicant or licensee fingerprints to
the BCA. The BCA shall perform a check for state criminal justice information and shall
forward the applicant's or licensee's fingerprints to the FBI to perform a check for national
criminal justice information regarding the applicant or licensee. The BCA shall report to
the board the results of the state and national criminal deleted text beginjustice informationdeleted text endnew text begin history recordsnew text end
checks.

Sec. 45.

Minnesota Statutes 2016, section 214.075, subdivision 6, is amended to read:


Subd. 6.

Alternatives to fingerprint-based criminal background checks.

The
health-related licensing board may require an alternative method of criminal history checks
for an applicant or licensee who has submitted at least deleted text beginthreedeleted text endnew text begin twonew text end sets of fingerprints in
accordance with this section that have been unreadable by the BCA or the FBI.

Sec. 46.

Minnesota Statutes 2016, section 214.077, is amended to read:


214.077 TEMPORARY LICENSE SUSPENSION; IMMINENT RISK OF SERIOUS
HARM.

(a) Notwithstanding any provision of a health-related professional practice act, when a
health-related licensing board receives a complaint regarding a regulated person and has
probable cause to believe that the regulated person has violated a statute or rule that the
health-related licensing board is empowered to enforce, and continued practice by the
regulated person presents an imminent risk of serious harm, the health-related licensing
board shall issue an order temporarily suspending the regulated person's authority to practice.
The temporary suspension order shall specify the reason for the suspension, including the
statute or rule alleged to have been violated. The temporary suspension order shall take
effect upon personal service on the regulated person or the regulated person's attorney, or
upon the third calendar day after the order is served by first class mail to the most recent
address provided to the health-related licensing board for the regulated person or the regulated
person's attorney.

(b) The temporary suspension shall remain in effect until the health-related licensing
board or the commissioner completes an investigation, holds a contested case hearing
pursuant to the Administrative Procedure Act, and issues a final order in the matter as
provided for in this section.

(c) At the time it issues the temporary suspension order, the health-related licensing
board shall schedule a contested case hearing, on the merits of whether discipline is
warranted, to be held pursuant to the Administrative Procedure Act. The regulated person
shall be provided with at least ten days' notice of any contested case hearing held pursuant
to this section. The contested case hearing shall be scheduled to begin no later than 30 days
after the effective service of the temporary suspension order.

(d) The administrative law judge presiding over the contested case hearing shall issue
a report and recommendation to the health-related licensing board no later than 30 days
after the final day of the contested case hearing.new text begin If the administrative law judge's report and
recommendations are for no action,
new text end the health-related licensing board shall issue a final
order pursuant to sections 14.61 and 14.62 within 30 days of receipt of the administrative
law judge's report and recommendations.new text begin If the administrative law judge's report and
recommendations are for action, the health-related licensing board shall issue a final order
pursuant to sections 14.61 and 14.62 within 60 days of receipt of the administrative law
judge's report and recommendations.
new text end Except as provided in paragraph (e), if the health-related
licensing board has not issued a final order pursuant to sections 14.61 and 14.62 within 30
days of receipt of the administrative law judge's report and recommendationsnew text begin for no action
or within 60 days of receipt of the administrative law judge's report and recommendations
for action
new text end, the temporary suspension shall be lifted.

(e) If the regulated person requests a delay in the contested case proceedings provided
for in paragraphs (c) and (d) for any reason, the temporary suspension shall remain in effect
until the health-related licensing board issues a final order pursuant to sections 14.61 and
14.62.

(f) This section shall not apply to the Office of Unlicensed Complementary and
Alternative Health Practice established under section 146A.02. The commissioner of health
shall conduct temporary suspensions for complementary and alternative health care
practitioners in accordance with section 146A.09.

Sec. 47.

Minnesota Statutes 2016, section 214.10, subdivision 8, is amended to read:


Subd. 8.

Special requirements for health-related licensing boards.

In addition to the
provisions of this section that apply to all examining and licensing boards, the requirements
in this subdivision apply to all health-related licensing boards, except the Board of Veterinary
Medicine.

(a) If the executive director or consulted board member determines that a communication
received alleges a violation of statute or rule that involves sexual contact with a patient or
client, the communication shall be forwarded to the designee of the attorney general for an
investigation of the facts alleged in the communication. If, after an investigation it is the
opinion of the executive director or consulted board member that there is sufficient evidence
to justify disciplinary action, the board shall conduct a disciplinary conference or hearing.
If, after a hearing or disciplinary conference the board determines that misconduct involving
sexual contact with a patient or client occurred, the board shall take disciplinary action.
Notwithstanding subdivision 2, a board may not attempt to correct improper activities or
redress grievances through education, conciliation, and persuasion, unless in the opinion of
the executive director or consulted board member there is insufficient evidence to justify
disciplinary action. The board may settle a case by stipulation prior to, or during, a hearing
if the stipulation provides for disciplinary action.

(b) A board member who has a direct current or former financial connection or
professional relationship to a person who is the subject of board disciplinary activities must
not participate in board activities relating to that case.

(c) Each health-related licensing board shall establish procedures for exchanging
information with other Minnesota state boards, agencies, and departments responsible for
regulating health-related occupations, facilities, and programs, and for coordinating
investigations involving matters within the jurisdiction of more than one regulatory body.
The procedures must provide for the forwarding to other regulatory bodies of all information
and evidence, including the results of investigations, that are relevant to matters within that
licensing body's regulatory jurisdiction. Each health-related licensing board shall have access
to any data of the Department of Human Services relating to a person subject to the
jurisdiction of the licensing board. The data shall have the same classification under chapter
13, the Minnesota Government Data Practices Act, in the hands of the agency receiving the
data as it had in the hands of the Department of Human Services.

(d) Each health-related licensing board shall establish procedures for exchanging
information with other states regarding disciplinary actions against licensees. The procedures
must provide for the collection of information from other states about disciplinary actions
taken against persons who are licensed to practice in Minnesota or who have applied to be
licensed in this state and the dissemination of information to other states regarding
disciplinary actions taken in Minnesota. In addition to any authority in chapter 13 permitting
the dissemination of data, the board may, in its discretion, disseminate data to other states
regardless of its classification under chapter 13. new text beginCriminal history record information shall
not be exchanged.
new text endBefore transferring any data that is not public, the board shall obtain
reasonable assurances from the receiving state that the data will not be made public.

Sec. 48.

Minnesota Statutes 2016, section 214.12, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Opioid and controlled substances prescribing. new text end

new text begin (a) The Board of Medical
Practice, the Board of Nursing, the Board of Dentistry, the Board of Optometry, and the
Board of Podiatric Medicine shall require that licensees with the authority to prescribe
controlled substances obtain at least two hours of continuing education credit on best practices
in prescribing opioids and controlled substances, as part of the continuing education
requirements for licensure renewal. Licensees shall not be required to complete more than
two credit hours of continuing education on best practices in prescribing opioids and
controlled substances before this subdivision expires. Continuing education credit on best
practices in prescribing opioids and controlled substances must meet board requirements.
new text end

new text begin (b) This subdivision expires January 1, 2023.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 49.

Minnesota Statutes 2017 Supplement, section 364.09, is amended to read:


364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to the licensing
and background investigation process under chapter 240; to eligibility for school bus driver
endorsements; to eligibility for special transportation service endorsements; to eligibility
for a commercial driver training instructor license, which is governed by section 171.35
and rules adopted under that section; to emergency medical services personnel, or to the
licensing by political subdivisions of taxicab drivers, if the applicant for the license has
been discharged from sentence for a conviction within the ten years immediately preceding
application of a violation of any of the following:

(1) sections 609.185 to 609.2114, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3; or Minnesota Statutes 2012, section 609.21;

(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years
or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license issued
or renewed by the Professional Educator Licensing and Standards Board or the commissioner
of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers Training
Board or the state fire marshal from recommending policies set forth in this chapter to the
attorney general for adoption in the attorney general's discretion to apply to law enforcement
or fire protection agencies.

deleted text begin (d) This chapter does not apply to a license to practice medicine that has been denied or
revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
deleted text end

deleted text begin (e) This chapter does not apply to any person who has been denied a license to practice
chiropractic or whose license to practice chiropractic has been revoked by the board in
accordance with section 148.10, subdivision 7.
deleted text end

deleted text begin (f) This chapter does not apply to any license, registration, or permit that has been denied
or revoked by the Board of Nursing in accordance with section 148.261, subdivision 1a.
deleted text end

deleted text begin (g)deleted text endnew text begin (d)new text end This chapter does not apply to any license, registration, permit, or certificate that
has been denied or revoked by the commissioner of health according to section 148.5195,
subdivision 5; or 153A.15, subdivision 2.

deleted text begin (h)deleted text endnew text begin (e)new text end This chapter does not supersede a requirement under law to conduct a criminal
history background investigation or consider criminal history records in hiring for particular
types of employment.

new text begin (f) This chapter does not apply to the licensing or registration process for, or to any
license, registration, or permit that has been denied or revoked by, a health-related licensing
board listed in section 214.01, subdivision 2.
new text end

Sec. 50. new text beginGUIDELINES AUTHORIZING PATIENT-ASSISTED MEDICATION
ADMINISTRATION.
new text end

new text begin (a) Within the limits of the board's available appropriation, the Emergency Medical
Services Regulatory Board shall propose guidelines authorizing EMTs, AEMTs, and
paramedics certified under Minnesota Statutes, section 144E.28, to assist a patient in
emergency situations with administering prescription medications that are:
new text end

new text begin (1) carried by a patient;
new text end

new text begin (2) intended to treat adrenal insufficiency or other rare conditions that require emergency
treatment with a previously prescribed medication;
new text end

new text begin (3) intended to treat a specific life-threatening condition; and
new text end

new text begin (4) administered via routes of delivery that are within the scope of training of the EMT,
AEMT, or paramedic.
new text end

new text begin (b) The proposed guidelines shall include language that requires the ambulance service
to be available to patients or their caregivers who have medical conditions identified in
paragraph (a) to define the patient's needs and, when appropriate, develop specific care
plans and provide education or other resources at the discretion of the ambulance service
medical director.
new text end

new text begin (c) The Emergency Medical Services Regulatory Board shall submit the proposed
guidelines and draft legislation as necessary to the chairs and ranking minority members of
the legislative committees with jurisdiction over health care by January 1, 2019.
new text end

Sec. 51. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, section 214.075, subdivision 8, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 5600.0605, subparts 5 and 8, new text end new text begin are repealed.
new text end

ARTICLE 38

OPIOIDS AND PRESCRIPTION DRUGS

Section 1.

Minnesota Statutes 2017 Supplement, section 152.105, subdivision 2, is amended
to read:


Subd. 2.

Sheriff to maintain collection receptaclenew text begin or medicine disposal programnew text end.

new text begin(a)
new text end The sheriff of each county shall maintain or contract for the maintenance of at least one
collection receptaclenew text begin or implement a medicine disposal programnew text end for the disposal of
noncontrolled substances, pharmaceutical controlled substances, and other legend drugs,
as permitted by federal law. For purposes of this section, "legend drug" has the meaning
given in section 151.01, subdivision 17. The collection receptaclenew text begin and medicine disposal
program
new text end must comply with federal law. In maintaining and operating the collection receptaclenew text begin
or medicine disposal program
new text end, the sheriff shall follow all applicable provisions of Code of
Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, as amended
through May 1, 2017.

new text begin (b) For purposes of this subdivision:
new text end

new text begin (1) a medicine disposal program means providing to the public educational information,
and making materials available for safely destroying unwanted legend drugs, including, but
not limited to, drug destruction bags or drops; and
new text end

new text begin (2) a collection receptacle means the operation and maintenance of at least one drop-off
receptacle.
new text end

Sec. 2.

Minnesota Statutes 2016, section 152.11, subdivision 2, is amended to read:


Subd. 2.

Prescription requirements for Schedule III or IV controlled substances.

No person may dispense a controlled substance included in Schedule III or IV of section
152.02 without a prescription issued, as permitted under subdivision 1, by a doctor of
medicine, a doctor of osteopathic medicine licensed to practice medicine, a doctor of dental
surgery, a doctor of dental medicine, a doctor of podiatry, a doctor of optometry limited to
Schedule IV, or a doctor of veterinary medicine, lawfully licensed to prescribe in this state
or from a practitioner licensed to prescribe controlled substances by the state in which the
prescription is issued, and having a current federal drug enforcement administration
registration number. Such prescription may not be dispensed or refilled except with the
documented consent of the prescriber, and in no event more than six months after the date
on which such prescription was issuednew text begin, unless a shorter period of time is specified in
subdivision 5,
new text end and no such prescription may be refilled more than five times.

Sec. 3.

Minnesota Statutes 2016, section 152.11, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Limitations on the dispensing of opioid prescription drug orders. new text end

new text begin (a) No
prescription drug order for an opioid drug listed in Schedule II may be dispensed by a
pharmacist or other dispenser more than 30 days after the date on which the prescription
drug order was issued.
new text end

new text begin (b) No prescription drug order for an opioid drug listed in Schedules III through V may
be initially dispensed by a pharmacist or other dispenser more than 30 days after the date
on which the prescription drug order was issued. No prescription drug order for an opioid
drug listed in Schedules III through V may be refilled by a pharmacist or other dispenser
more than 45 days after the previous date on which it was dispensed.
new text end

new text begin (c) For purposes of this section, "dispenser" has the meaning given in section 152.126,
subdivision 1.
new text end

Sec. 4.

Minnesota Statutes 2016, section 152.126, subdivision 2, is amended to read:


Subd. 2.

Prescription electronic reporting system.

(a) The board shall establish by
January 1, 2010, an electronic system for reporting the information required under subdivision
4 for all controlled substances dispensed within the state.

(b) The board may contract with a vendor for the purpose of obtaining technical assistance
in the design, implementation, operation, and maintenance of the electronic reporting system.

new text begin (c) Before entering into a new contract or before renegotiating a current contract with
a private vendor for the operation of the prescription monitoring program, the Board of
Pharmacy must: (1) ensure that the vendor complies with the National Institute Standards
and Technology standards for interoperability, security, and ongoing support; and (2) provide
at least 30 days' notice to the Legislative Advisory Commission. The board may enter into
a new contract or renegotiate a current contract only if the Legislative Advisory Commission
provides a positive recommendation or no recommendation, and shall not enter into a new
contract or renegotiate a current contract if the Legislative Advisory Commission provides
a negative recommendation.
new text end

Sec. 5.

Minnesota Statutes 2016, section 152.126, subdivision 6, is amended to read:


Subd. 6.

Access to reporting system data.

(a) Except as indicated in this subdivision,
the data submitted to the board under subdivision 4 is private data on individuals as defined
in section 13.02, subdivision 12, and not subject to public disclosure.

(b) Except as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals under federal and state law:

(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient, to whom the prescriber is:

(i) prescribing or considering prescribing any controlled substance;

(ii) providing emergency medical treatment for which access to the data may be necessary;

(iii) providing care, and the prescriber has reason to believe, based on clinically valid
indications, that the patient is potentially abusing a controlled substance; or

(iv) providing other medical treatment for which access to the data may be necessary
for a clinically valid purpose and the patient has consented to access to the submitted data,
and with the provision that the prescriber remains responsible for the use or misuse of data
accessed by a delegated agent or employee;

(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient to whom that dispenser is dispensing or considering dispensing any
controlled substance and with the provision that the dispenser remains responsible for the
use or misuse of data accessed by a delegated agent or employee;

(3) a licensed pharmacist who is providing pharmaceutical care for which access to the
data may be necessary to the extent that the information relates specifically to a current
patient for whom the pharmacist is providing pharmaceutical care: (i) if the patient has
consented to access to the submitted data; or (ii) if the pharmacist is consulted by a prescriber
who is requesting data in accordance with clause (1);

(4) an individual who is the recipient of a controlled substance prescription for which
data was submitted under subdivision 4, or a guardian of the individual, parent or guardian
of a minor, or health care agent of the individual acting under a health care directive under
chapter 145Cnew text begin. For purposes of this clause, access by individuals includes persons in the
definition of an individual under section 13.02
new text end;

(5) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2
, or of the Emergency Medical Services Regulatory Board, assigned to conduct
a bona fide investigation of a complaint received by that board that alleges that a specific
licensee is impaired by use of a drug for which data is collected under subdivision 4, has
engaged in activity that would constitute a crime as defined in section 152.025, or has
engaged in the behavior specified in subdivision 5, paragraph (a);

(6) personnel of the board engaged in the collection, review, and analysis of controlled
substance prescription information as part of the assigned duties and responsibilities under
this section;

(7) authorized personnel of a vendor under contract with the state of Minnesota who are
engaged in the design, implementation, operation, and maintenance of the prescription
monitoring program as part of the assigned duties and responsibilities of their employment,
provided that access to data is limited to the minimum amount necessary to carry out such
duties and responsibilities, and subject to the requirement of de-identification and time limit
on retention of data specified in subdivision 5, paragraphs (d) and (e);

(8) federal, state, and local law enforcement authorities acting pursuant to a valid search
warrant;

(9) personnel of the Minnesota health care programs assigned to use the data collected
under this section to identify and manage recipients whose usage of controlled substances
may warrant restriction to a single primary care provider, a single outpatient pharmacy, and
a single hospital;

(10) personnel of the Department of Human Services assigned to access the data pursuant
to paragraph (i);

(11) personnel of the health professionals services program established under section
214.31, to the extent that the information relates specifically to an individual who is currently
enrolled in and being monitored by the program, and the individual consents to access to
that information. The health professionals services program personnel shall not provide this
data to a health-related licensing board or the Emergency Medical Services Regulatory
Board, except as permitted under section 214.33, subdivision 3deleted text begin.deleted text endnew text begin; and
new text end

deleted text begin For purposes of clause (4), access by an individual includes persons in the definition of
an individual under section 13.02; and
deleted text end

(12) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2
, assigned to conduct a bona fide investigation of a complaint received by that
board that alleges that a specific licensee is inappropriately prescribing controlled substances
as defined in this section.

(c) By July 1, 2017, every prescriber licensed by a health-related licensing board listed
in section 214.01, subdivision 2, practicing within this state who is authorized to prescribe
controlled substances for humans and who holds a current registration issued by the federal
Drug Enforcement Administration, and every pharmacist licensed by the board and practicing
within the state, shall register and maintain a user account with the prescription monitoring
program. Data submitted by a prescriber, pharmacist, or their delegate during the registration
application process, other than their name, license number, and license type, is classified
as private pursuant to section 13.02, subdivision 12.

(d) new text beginNotwithstanding paragraph (b), beginning January 1, 2020, a prescriber who is
practicing in an emergency department, urgent care clinic, or a walk-in health clinic offering
health care services, or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, must access the data submitted under subdivision
4 to the extent the information relates specifically to the patient before the prescriber issues
a prescription order to the patient for a Schedule II through IV opiate controlled substance.
new text end

new text begin (e) Paragraph (d) does not apply if:
new text end

new text begin (1) due to a medical emergency, it is not possible for the prescriber to review the data
before the prescriber issues the prescription order for the patient; or
new text end

new text begin (2) the prescriber is unable to access the data due to operational or other technological
failure of the program so long as the prescriber reports the failure to the board.
new text end

new text begin (f) new text endOnly permissible users identified in paragraph (b), clauses (1), (2), (3), (6), (7), (9),
and (10), may directly access the data electronically. No other permissible users may directly
access the data electronically. If the data is directly accessed electronically, the permissible
user shall implement and maintain a comprehensive information security program that
contains administrative, technical, and physical safeguards that are appropriate to the user's
size and complexity, and the sensitivity of the personal information obtained. The permissible
user shall identify reasonably foreseeable internal and external risks to the security,
confidentiality, and integrity of personal information that could result in the unauthorized
disclosure, misuse, or other compromise of the information and assess the sufficiency of
any safeguards in place to control the risks.

deleted text begin (e)deleted text endnew text begin (g)new text end The board shall not release data submitted under subdivision 4 unless it is provided
with evidence, satisfactory to the board, that the person requesting the information is entitled
to receive the data.

deleted text begin (f)deleted text endnew text begin (h)new text end The board shall maintain a log of all persons who access the data for a period of
at least three years and shall ensure that any permissible user complies with paragraph (c)
prior to attaining direct access to the data.

deleted text begin (g)deleted text endnew text begin (i)new text end Section 13.05, subdivision 6, shall apply to any contract the board enters into
pursuant to subdivision 2. A vendor shall not use data collected under this section for any
purpose not specified in this section.

deleted text begin (h)deleted text endnew text begin (j)new text end The board may participate in an interstate prescription monitoring program data
exchange system provided that permissible users in other states have access to the data only
as allowed under this section, and that section 13.05, subdivision 6, applies to any contract
or memorandum of understanding that the board enters into under this paragraph.

deleted text begin (i)deleted text endnew text begin (k)new text end With available appropriations, the commissioner of human services shall establish
and implement a system through which the Department of Human Services shall routinely
access the data for the purpose of determining whether any client enrolled in an opioid
treatment program licensed according to chapter 245A has been prescribed or dispensed a
controlled substance in addition to that administered or dispensed by the opioid treatment
program. When the commissioner determines there have been multiple prescribers or multiple
prescriptions of controlled substances, the commissioner shall:

(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and

(2) direct the medical director of the opioid treatment program to access the data directly,
review the effect of the multiple prescribers or multiple prescriptions, and document the
review.

If determined necessary, the commissioner of human services shall seek a federal waiver
of, or exception to, any applicable provision of Code of Federal Regulations, title 42, section
2.34, paragraph (c), prior to implementing this paragraph.

deleted text begin (j)deleted text endnew text begin (l)new text end The board shall review the data submitted under subdivision 4 on at least a quarterly
basis and shall establish criteria, in consultation with the advisory task force, for referring
information about a patient to prescribers and dispensers who prescribed or dispensed the
prescriptions in question if the criteria are met.new text begin The board shall also submit an annual report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance that provides information on the
prescribing trends for opiates, including the number of opiate prescriptions issued for the
previous calendar year.
new text end

Sec. 6.

Minnesota Statutes 2016, section 152.126, subdivision 10, is amended to read:


Subd. 10.

Funding.

(a) The board may seek grants and private funds from nonprofit
charitable foundations, the federal government, and other sources to fund the enhancement
and ongoing operations of the prescription monitoring program established under this section.
Any funds received shall be appropriated to the board for this purpose. The board may not
expend funds to enhance the program in a way that conflicts with this section without seeking
approval from the legislature.

(b) Notwithstanding any other section, the administrative services unit for the
health-related licensing boards shall apportion between the Board of Medical Practice, the
Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to be
paid through fees by each respective board. The amount apportioned to each board shall
equal each board's share of the annual appropriation to the Board of Pharmacy from the
state government special revenue fund for operating the prescription monitoring program
under this section. Each board's apportioned share shall be based on the number of prescribers
or dispensers that each board identified in this paragraph licenses as a percentage of the
total number of prescribers and dispensers licensed collectively by these boards. Each
respective board may adjust the fees that the boards are required to collect to compensate
for the amount apportioned to each board by the administrative services unit.

new text begin (c) The board shall have the authority to modify its contract with its vendor as provided
in subdivision 2, to authorize that vendor to provide a service to prescribers and pharmacies
that allows them to access prescription monitoring program data from within the electronic
health record system or pharmacy software used by those prescribers and pharmacists. The
board must ensure that the integration of access shall not modify any requirements or
procedures in this section regarding the information that must be reported to the database,
who can access the database and for what purpose, and the data classification of information
in the database, and shall not require a prescriber to access the database prior to issuing a
prescription for a controlled substance, other than as required under subdivision 6, paragraph
(d). The board must also ensure that the vendor complies with the encryption of data
requirement and the time limit on data retention specified in subdivision 5. Beginning July
1, 2018, the board has the authority to collect an annual fee from each prescriber or
pharmacist who accesses prescription monitoring program data through the service offered
by the vendor. The annual fee collected must not exceed $50 per user. The fees collected
by the board under this paragraph shall be deposited in the state government special revenue
fund and are appropriated to the board for the purposes of this paragraph.
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 245G.05, subdivision 1, is amended
to read:


Subdivision 1.

Comprehensive assessment.

(a) A comprehensive assessment of the
client's substance use disorder must be administered face-to-face by an alcohol and drug
counselor within three calendar days after service initiation for a residential program or
during the initial session for all other programs.new text begin A program may permit a licensed staff
person who is not qualified as an alcohol and drug counselor to interview the client in areas
of the comprehensive assessment that are otherwise within the competencies and scope of
practice of that licensed staff person and an alcohol and drug counselor does not need to be
face-to-face with the client during this interview. The alcohol and drug counselor must
review all of the information contained in a comprehensive assessment and, by signature,
confirm the information is accurate and complete and meets the requirements for the
comprehensive assessment.
new text end If the comprehensive assessment is not completed during the
initial session, the client-centered reason for the delay must be documented in the client's
file and the planned completion date. If the client received a comprehensive assessment that
authorized the treatment service, an alcohol and drug counselor must review the assessment
to determine compliance with this subdivision, including applicable timelines. If available,
the alcohol and drug counselor may use current information provided by a referring agency
or other source as a supplement. Information gathered more than 45 days before the date
of admission is not considered current. The comprehensive assessment must include sufficient
information to complete the assessment summary according to subdivision 2 and the
individual treatment plan according to section 245G.06. The comprehensive assessment
must include information about the client's needs that relate to substance use and personal
strengths that support recovery, including:

(1) age, sex, cultural background, sexual orientation, living situation, economic status,
and level of education;

(2) circumstances of service initiation;

(3) previous attempts at treatment for substance misuse or substance use disorder,
compulsive gambling, or mental illness;

(4) substance use history including amounts and types of substances used, frequency
and duration of use, periods of abstinence, and circumstances of relapse, if any. For each
substance used within the previous 30 days, the information must include the date of the
most recent use and previous withdrawal symptoms;

(5) specific problem behaviors exhibited by the client when under the influence of
substances;

(6) family status, family history, including history or presence of physical or sexual
abuse, level of family support, and substance misuse or substance use disorder of a family
member or significant other;

(7) physical concerns or diagnoses, the severity of the concerns, and whether the concerns
are being addressed by a health care professional;

(8) mental health history and psychiatric status, including symptoms, disability, current
treatment supports, and psychotropic medication needed to maintain stability; the assessment
must utilize screening tools approved by the commissioner pursuant to section 245.4863 to
identify whether the client screens positive for co-occurring disorders;

(9) arrests and legal interventions related to substance use;

(10) ability to function appropriately in work and educational settings;

(11) ability to understand written treatment materials, including rules and the client's
rights;

(12) risk-taking behavior, including behavior that puts the client at risk of exposure to
blood-borne or sexually transmitted diseases;

(13) social network in relation to expected support for recovery and leisure time activities
that are associated with substance use;

(14) whether the client is pregnant and, if so, the health of the unborn child and the
client's current involvement in prenatal care;

(15) whether the client recognizes problems related to substance use and is willing to
follow treatment recommendations; and

(16) collateral information. If the assessor gathered sufficient information from the
referral source or the client to apply the criteria in Minnesota Rules, parts 9530.6620 and
9530.6622, a collateral contact is not required.

(b) If the client is identified as having opioid use disorder or seeking treatment for opioid
use disorder, the program must provide educational information to the client concerning:

(1) risks for opioid use disorder and dependence;

(2) treatment options, including the use of a medication for opioid use disorder;

(3) the risk of and recognizing opioid overdose; and

(4) the use, availability, and administration of naloxone to respond to opioid overdose.

(c) The commissioner shall develop educational materials that are supported by research
and updated periodically. The license holder must use the educational materials that are
approved by the commissioner to comply with this requirement.

(d) If the comprehensive assessment is completed to authorize treatment service for the
client, at the earliest opportunity during the assessment interview the assessor shall determine
if:

(1) the client is in severe withdrawal and likely to be a danger to self or others;

(2) the client has severe medical problems that require immediate attention; or

(3) the client has severe emotional or behavioral symptoms that place the client or others
at risk of harm.

If one or more of the conditions in clauses (1) to (3) are present, the assessor must end the
assessment interview and follow the procedures in the program's medical services plan
under section 245G.08, subdivision 2, to help the client obtain the appropriate services. The
assessment interview may resume when the condition is resolved.

Sec. 8.

Minnesota Statutes 2017 Supplement, section 254A.03, subdivision 3, is amended
to read:


Subd. 3.

Rules for substance use disorder care.

(a) The commissioner of human
services shall establish by rule criteria to be used in determining the appropriate level of
chemical dependency care for each recipient of public assistance seeking treatment for
substance misuse or substance use disorder. Upon federal approval of a comprehensive
assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding
the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, an eligible vendor of
comprehensive assessments under section 254B.05 may determine and approve the
appropriate level of substance use disorder treatment for a recipient of public assistance.
The process for determining an individual's financial eligibility for the consolidated chemical
dependency treatment fund or determining an individual's enrollment in or eligibility for a
publicly subsidized health plan is not affected by the individual's choice to access a
comprehensive assessment for placement.

(b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.

new text begin (c) Notwithstanding section 254B.05, subdivision 5, paragraph (b), clause (2), an
individual employed by a county on July 1, 2018, who has been performing assessments
for the purpose of Minnesota Rules, part 9530.6615, is qualified to perform a comprehensive
assessment if the following conditions are met as of July 1, 2018:
new text end

new text begin (1) the individual is exempt from licensure under section 148F.11, subdivision 1;
new text end

new text begin (2) the individual is qualified as an assessor under Minnesota Rules, part 9530.6615,
subpart 2; and
new text end

new text begin (3) the individual has three years employment as an assessor or is under the supervision
of an individual who meets the requirements of an alcohol and drug counselor supervisor
under section 245G.11, subdivision 4.
new text end

new text begin Beginning July 1, 2020, an individual who is qualified to do a comprehensive assessment
under this paragraph must also demonstrate completion of the applicable coursework
requirements of section 245G.11, subdivision 5, paragraph (b).
new text end

Sec. 9.

Minnesota Statutes 2017 Supplement, section 254B.12, subdivision 3, is amended
to read:


Subd. 3.

Chemical dependency provider rate increase.

For the chemical dependency
services listed in section 254B.05, subdivision 5, and provided on or after July 1, deleted text begin2017deleted text endnew text begin 2018new text end,
payment rates shall be increased by deleted text beginonedeleted text endnew text begin 1.74new text end percent over the rates in effect on January 1,
deleted text begin 2017deleted text endnew text begin 2018new text end, for vendors who meet the requirements of section 254B.05.

Sec. 10.

new text begin [256.043] OPIATE EPIDEMIC RESPONSE ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The opiate epidemic response account is established in
the special revenue fund in the state treasury.
new text end

new text begin Subd. 2. new text end

new text begin Proposed grants. new text end

new text begin By February 15 of each year, beginning February 15, 2019,
the commissioner of human services, in consultation with the commissioners of health,
education, and public safety, shall submit a report to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services, education,
and public safety, outlining proposed projects to achieve the greatest impact and ensure a
coordinated state effort to address the state's opioid addiction and overdose epidemic.
new text end

new text begin Subd. 3. new text end

new text begin Use of account funds. new text end

new text begin (a) Beginning in fiscal year 2019, money in the account
shall be appropriated each fiscal year as specified in this subdivision.
new text end

new text begin (b) $213,000 is appropriated to the commissioner of management and budget for
evaluation activities for selected projects.
new text end

new text begin (c) $384,000 is appropriated to the commissioner of public safety for Bureau of Criminal
Apprehension drug scientists and lab supplies.
new text end

new text begin (d) Money remaining in the opiate epidemic response account after making the
appropriations required in paragraphs (b) and (c) is appropriated to the commissioner of
human services to be allocated as grants as specified by the legislature or as otherwise
appropriated by the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Evaluations. new text end

new text begin The commissioner of human services, in consultation with the
commissioner of management and budget, and within available appropriations, shall select
from the awarded grants, projects that include promising practices or theory-based activities
for which the commissioner of management and budget shall conduct evaluations using
experimental or quasi-experimental design. Grants awarded to proposals that are selected
for an evaluation shall be administered to support the experimental or quasi-experimental
evaluation and shall require the grantee to collect and report information that is needed to
complete the evaluation. The commissioner of management and budget, under section 15.08,
may obtain additional relevant data to support the experimental or quasi-experimental
evaluation studies.
new text end

Sec. 11.

Laws 2017, First Special Session chapter 6, article 10, section 144, is amended
to read:


Sec. 144. OPIOID ABUSE PREVENTION PILOT PROJECTS.

(a) The commissioner of health shall establish opioid abuse prevention pilot projects in
geographic areas throughout the state based on the most recently available data on opioid
overdose and abuse rates, to reduce opioid abuse through the use of controlled substance
care teams and community-wide coordination of abuse-prevention initiatives. The
commissioner shall award grants to health care providers, health plan companies, local units
of government, tribal governments, or other entities to establish pilot projects.

(b) Each pilot project must:

(1) be designed to reduce emergency room and other health care provider visits resulting
from opioid use or abuse, and reduce rates of opioid addiction in the community;

(2) establish multidisciplinary controlled substance care teams, that may consist of
physicians, pharmacists, social workers, nurse care coordinators, and mental health
professionals;

(3) deliver health care services and care coordination, through controlled substance care
teams, to reduce the inappropriate use of opioids by patients and rates of opioid addiction;

(4) address any unmet social service needs that create barriers to managing pain
effectively and obtaining optimal health outcomes;

(5) provide prescriber and dispenser education and assistance to reduce the inappropriate
prescribing and dispensing of opioids;

(6) promote the adoption of best practices related to opioid disposal and reducing
opportunities for illegal access to opioids; and

(7) engage partners outside of the health care system, including schools, law enforcement,
and social services, to address root causes of opioid abuse and addiction at the community
level.

(c) The commissioner shall contract with an accountable community for health that
operates an opioid abuse prevention project, and can document success in reducing opioid
use through the use of controlled substance care teams, to assist the commissioner in
administering this section, and to provide technical assistance to the commissioner and to
entities selected to operate a pilot project.

(d) The contract under paragraph (c) shall require the accountable community for health
to evaluate the extent to which the pilot projects were successful in reducing the inappropriate
use of opioids. The evaluation must analyze changes in the number of opioid prescriptions,
the number of emergency room visits related to opioid use, and other relevant measures.
The accountable community for health shall report evaluation results to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance and public safety by December 15, 2019new text begin, for projects
that received funding in fiscal year 2018, and by December 15, 2021, for projects that
received funding in fiscal year 2019
new text end.

(e) The commissioner may award one grant that, in addition to the other requirements
of this section, allows a root cause approach to reduce opioid abuse in an American Indian
community.

Sec. 12.

Laws 2017, First Special Session chapter 6, article 12, section 2, subdivision 4,
is amended to read:


Subd. 4.

Limit on quantity of opiates prescribed deleted text beginfor acute dental and ophthalmic
pain
deleted text end.

(a) deleted text beginWhen used for the treatment of acute dental pain or acute pain associated with
refractive surgery, prescriptions for opiate or narcotic pain relievers listed in Schedules II
through IV of section 152.02 shall not exceed a four-day supply. The quantity prescribed
shall be consistent with the dosage listed in the professional labeling for the drug that has
been approved by the United States Food and Drug Administration.
deleted text endnew text begin This subdivision applies
to prescriptions issued for opiates or narcotic pain relievers listed in Schedule II through
IV in Minnesota Statutes, section 152.02, that are prescribed for the treatment of acute pain.
For purposes of this subdivision, "acute pain" means pain resulting from disease, accidental
or intentional trauma, surgery, or another cause, that the practitioner reasonably expects to
last only a short period of time. Acute pain does not include chronic pain or pain being
treated as part of cancer care, palliative care, or hospice or other end-of-life care.
new text end

(b) deleted text beginFor the purposes of this subdivision, "acute pain" means pain resulting from disease,
accidental or intentional trauma, surgery, or another cause, that the practitioner reasonably
expects to last only a short period of time. Acute pain does not include chronic pain or pain
being treated as part of cancer care, palliative care, or hospice or other end-of-life care.
deleted text endnew text begin For
practitioners who are practicing in an emergency department, urgency care clinic, or a
walk-in health care clinic, a prescription as described in paragraph (a) issued to a patient
shall not exceed a three-day supply.
new text end

(c) deleted text beginNotwithstanding paragraph (a), if in the professional clinical judgment of a practitioner
more than a four-day supply of a prescription listed in Schedules II through IV of section
152.02 is required to treat a patient's acute pain, the practitioner may issue a prescription
for the quantity needed to treat such acute pain.
deleted text endnew text begin For practitioners issuing a prescription for
a drug described in paragraph (a) for the treatment of acute dental pain or acute pain
associated with refractive surgery, the quantity prescribed shall not exceed a four-day supply.
new text end

new text begin (d) For practitioners issuing a prescription for a drug described in paragraph (a), and
paragraphs (b) and (c) do not apply, the quantity prescribed shall not exceed a seven-day
supply for an adult and a five-day supply for a minor under 18 years of age.
new text end

new text begin (e) Notwithstanding paragraph (c) or (d), if in the professional clinical judgment of the
practitioner, more than the limit specified in paragraph (c) or (d) is required to treat a patient's
acute pain, the practitioner may issue a prescription for the quantity needed to treat the
patient's acute pain.
new text end

Sec. 13. new text beginOPIOID OVERDOSE REDUCTION PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of health shall provide grants to
ambulance services to fund activities by community paramedic teams to reduce opioid
overdoses in the state. Under this pilot program, ambulance services shall develop and
implement projects in which community paramedics connect with patients who are discharged
from a hospital or emergency department following an opioid overdose episode, develop
personalized care plans for those patients in consultation with the ambulance service medical
director, and provide follow-up services to those patients.
new text end

new text begin Subd. 2. new text end

new text begin Priority areas; services. new text end

new text begin (a) In a project developed under this section, an
ambulance service must target community paramedic team services to portions of the service
area with high levels of opioid use, high death rates from opioid overdoses, and urgent needs
for interventions.
new text end

new text begin (b) In a project developed under this section, a community paramedic team shall:
new text end

new text begin (1) provide services to patients released from a hospital or emergency department
following an opioid overdose episode and place priority on serving patients who were
administered the opiate antagonist naloxone hydrochloride by emergency medical services
personnel in response to a 911 call during the opioid overdose episode;
new text end

new text begin (2) provide the following evaluations during an initial home visit: (i) a home safety
assessment including whether there is a need to dispose of prescription drugs that are expired
or no longer needed; (ii) medication compliance; (iii) an HIV risk assessment; (iv) instruction
on the use of naloxone hydrochloride; and (v) a basic needs assessment;
new text end

new text begin (3) provide patients with health assessments, chronic disease monitoring and education,
and assistance in following hospital discharge orders; and
new text end

new text begin (4) work with a multidisciplinary team to address the overall physical and mental health
needs of patients and health needs related to substance use disorder treatment.
new text end

new text begin (c) An ambulance service receiving a grant under this section may use grant funds to
cover the cost of evidence-based training in opioid addiction and recovery treatment.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation. new text end

new text begin An ambulance service that receives a grant under this section shall
evaluate the extent to which the project was successful in reducing the number of opioid
overdoses and opioid overdose deaths among patients who received services and in reducing
the inappropriate use of opioids by patients who received services. The commissioner of
health shall develop specific evaluation measures and reporting timelines for ambulance
services receiving grants. Ambulance services shall submit the information required by the
commissioner to the commissioner and the commissioner shall submit a summary of the
information reported by the ambulance services to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services by December
1, 2019.
new text end

ARTICLE 39

ELDERCARE AND VULNERABLE ADULT PROTECTIONS

Section 1. new text beginCITATION.
new text end

new text begin Sections 1 to 61 may be cited as the "Eldercare and Vulnerable Adult Protection Act of
2018."
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.6501, subdivision 3, is amended to read:


Subd. 3.

Contracts of admission.

(a) A facility shall make complete unsigned copies
of its admission contract available to potential applicants and to the state or local long-term
care ombudsman immediately upon request.

(b) A facility shall post conspicuously within the facility, in a location accessible to
public view, either a complete copy of its admission contract or notice of its availability
from the facility.

(c) An admission contract must be printed in black type of at least ten-point type size.
The facility shall give a complete copy of the admission contract to the resident or the
resident's legal representative promptly after it has been signed by the resident or legal
representative.

new text begin (d) The admission contract must contain the name, address, and contact information of
the current owner, manager, and if different from the owner, license holder of the facility,
and the name and physical mailing address of at least one natural person who is authorized
to accept service of process.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end An admission contract is a consumer contract under sections 325G.29 to 325G.37.

deleted text begin (e)deleted text endnew text begin (f)new text end All admission contracts must state in bold capital letters the following notice to
applicants for admission: "NOTICE TO APPLICANTS FOR ADMISSION. READ YOUR
ADMISSION CONTRACT. ORAL STATEMENTS OR COMMENTS MADE BY THE
FACILITY OR YOU OR YOUR REPRESENTATIVE ARE NOT PART OF YOUR
ADMISSION CONTRACT UNLESS THEY ARE ALSO IN WRITING. DO NOT RELY
ON ORAL STATEMENTS OR COMMENTS THAT ARE NOT INCLUDED IN THE
WRITTEN ADMISSION CONTRACT."

Sec. 3.

Minnesota Statutes 2016, section 144.6501, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Changes to contracts of admission. new text end

new text begin Within 30 days of a change in ownership,
management, or license holder, the facility must provide prompt written notice to the resident
or resident's legal representative of a new owner, manager, and if different from the owner,
license holder of the facility, and the name and physical mailing address of any new or
additional natural person not identified in the admission contract who is newly authorized
to accept service of process.
new text end

Sec. 4.

new text begin [144.6502] AUTHORIZED ELECTRONIC MONITORING IN CERTAIN
HEALTH CARE FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Authorized electronic monitoring" means the placement and use of an electronic
monitoring device by a resident in the resident's room or private living space in accordance
with this section.
new text end

new text begin (c) "Commissioner" means the commissioner of health.
new text end

new text begin (d) "Department" means the Department of Health.
new text end

new text begin (e) "Electronic monitoring device" means a surveillance instrument with a fixed position
video camera or an audio recording device, or both, that is installed in a resident's room or
private living space and broadcasts or records activity or sounds occurring in the room or
private living space.
new text end

new text begin (f) "Facility" means a facility that is licensed as a nursing home under chapter 144A or
as a boarding care home under sections 144.50 to 144.56, or registered as a housing with
services establishment under chapter 144D that is also subject to chapter 144G.
new text end

new text begin (g) "Legal representative" means a court-appointed guardian or other representative with
legal authority to make decisions about health care services for the resident, including a
health care agent or an attorney-in-fact authorized through a health care directive or a power
of attorney.
new text end

new text begin (h) "Resident" means a person 18 years of age or older residing in a facility.
new text end

new text begin Subd. 2. new text end

new text begin Authorized electronic monitoring. new text end

new text begin (a) A resident or a resident's legal
representative may conduct authorized electronic monitoring of the resident's room or private
living space through the use of electronic monitoring devices placed in the room or private
living space as provided in this section.
new text end

new text begin (b) Nothing in this section allows the use of an electronic monitoring device to take still
photographs or for the nonconsensual interception of private communications.
new text end

new text begin (c) Nothing in this section precludes the use of electronic monitoring of health care
allowed under other law.
new text end

new text begin (d) Electronic monitoring authorized under this section, for the purpose of monitoring
the actions of individuals other than the resident or to verify the delivery of services, is not
a covered service under home and community-based waivers under sections 256B.0913,
256B.0915, 256B.092, and 256B.49.
new text end

new text begin Subd. 3. new text end

new text begin Consent to electronic monitoring. new text end

new text begin (a) Except as otherwise provided in this
subdivision, a resident must consent to electronic monitoring in the resident's room or private
living space in writing on a notification and consent form prescribed by the ombudsman
for long-term care, in consultation with the department and representatives of facilities. If
the resident has not affirmatively objected to electronic monitoring and the resident's
physician determines that the resident lacks the ability to understand and appreciate the
nature and consequences of electronic monitoring, the resident's legal representative may
consent on behalf of the resident. For purposes of this subdivision, a resident affirmatively
objects when the resident orally, visually, or through the use of auxiliary aids or services
declines electronic monitoring. The resident's response must be documented on the
notification and consent form.
new text end

new text begin (b) Prior to a resident's legal representative consenting on behalf of a resident, the resident
must be asked by the resident's legal guardian in the presence of a facility employee if the
resident wants electronic monitoring to be conducted. The resident's legal representative
must explain to the resident:
new text end

new text begin (1) the type of electronic monitoring device to be used;
new text end

new text begin (2) the standard conditions that may be placed on the electronic monitoring device's use,
including those listed in subdivision 5;
new text end

new text begin (3) with whom the recording may be shared under subdivision 9 or 10; and
new text end

new text begin (4) the resident's ability to decline all recording.
new text end

new text begin (c) A resident or roommate may consent to electronic monitoring with any conditions
of the resident's or roommate's choosing, including the list of standard conditions provided
in subdivision 5. A resident or roommate may request that the electronic monitoring device
be turned off or the visual or audio recording component of the electronic monitoring device
be blocked at any time.
new text end

new text begin (d) Prior to implementing electronic monitoring, a resident must obtain the written
consent of any other resident residing in the room or private living space on the notification
and consent form prescribed by the ombudsman for long-term care. Except as otherwise
provided in this subdivision, a roommate must consent in writing to electronic monitoring
in the resident's room or private living space. If the roommate has not affirmatively objected
to electronic monitoring in accordance with this subdivision and the roommate's physician
determines that the roommate lacks the ability to understand and appreciate the nature and
consequences of electronic monitoring, the roommate's legal representative may consent
on behalf of the roommate. Consent by a roommate under this paragraph authorizes the
resident's use of any recording obtained under this section, as provided under subdivision
9 or 10.
new text end

new text begin (e) Any resident conducting authorized electronic monitoring must obtain consent from
any new roommate before the resident may resume authorized electronic monitoring. If a
new roommate does not consent to electronic monitoring and the resident conducting the
electronic monitoring does not remove or disable the electronic monitoring device, the
facility must remove the electronic monitoring device.
new text end

new text begin Subd. 4. new text end

new text begin Withdrawal of consent; refusal of roommate to consent. new text end

new text begin (a) Consent may
be withdrawn by the resident or roommate at any time and the withdrawal of consent must
be documented in the resident's clinical record. If a roommate withdraws consent and the
resident conducting the electronic monitoring does not remove or disable the electronic
monitoring device, the facility must remove the electronic monitoring device.
new text end

new text begin (b) If a resident of a nursing home or boarding care home who is residing in a shared
room wants to conduct electronic monitoring and another resident living in or moving into
the same shared room refuses to consent to the use of an electronic monitoring device, the
facility shall make a reasonable attempt to accommodate the resident who wants to conduct
electronic monitoring. A nursing home or boarding care home has met the requirement to
make a reasonable attempt to accommodate a resident who wants to conduct electronic
monitoring when, upon notification that a roommate has not consented to the use of an
electronic monitoring device in the resident's room, the nursing home or boarding care home
offers to move either resident to another shared room that is available at the time of the
request. If a resident chooses to reside in a private room in a nursing home or boarding care
home in order to accommodate the use of an electronic monitoring device, the resident must
pay the private room rate. If a nursing home or boarding care home is unable to accommodate
a resident due to lack of space, the nursing home or boarding care home must reevaluate
the request every two weeks until the request is fulfilled. A nursing home or boarding care
home is not required to provide a private room or a single-bed room to a resident who is
not a private-pay resident.
new text end

new text begin Subd. 5. new text end

new text begin Notice to facility; form requirements. new text end

new text begin (a) Authorized electronic monitoring
may begin only after the resident who intends to install an electronic monitoring device
completes the notification and consent form prescribed by the ombudsman for long-term
care and submits the form to the facility and the facility places the form in the resident's
and any roommate's clinical records.
new text end

new text begin (b) The notification and consent form completed by the resident must include, at a
minimum, the following information:
new text end

new text begin (1) the resident's signed consent to electronic monitoring or the signature of the resident's
legal representative, if applicable. If a person other than the resident signs the consent form,
the form must document the following:
new text end

new text begin (i) the date the resident was asked if the resident wants electronic monitoring to be
conducted;
new text end

new text begin (ii) who was present when the resident was asked; and
new text end

new text begin (iii) an acknowledgment that the resident did not affirmatively object;
new text end

new text begin (2) the resident's roommate's signed consent or the signature of the roommate's legal
representative, if applicable. If a roommate's legal representative signs the consent form,
the form must document the following:
new text end

new text begin (i) the date the roommate was asked if the roommate wants electronic monitoring to be
conducted;
new text end

new text begin (ii) who was present when the roommate was asked; and
new text end

new text begin (iii) an acknowledgment that the roommate did not affirmatively object;
new text end

new text begin (3) the type of electronic monitoring device to be used;
new text end

new text begin (4) any installation needs, such as mounting of a device to a wall or ceiling;
new text end

new text begin (5) the proposed date of installation for scheduling purposes;
new text end

new text begin (6) a list of standard conditions or restrictions that the resident or a roommate may elect
to place on the use of the electronic monitoring device, including, but not limited to:
new text end

new text begin (i) prohibiting audio recording;
new text end

new text begin (ii) prohibiting video recording;
new text end

new text begin (iii) prohibiting broadcasting of audio or video;
new text end

new text begin (iv) turning off the electronic monitoring device or blocking the visual recording
component of the electronic monitoring device for the duration of an exam or procedure by
a health care professional;
new text end

new text begin (v) turning off the electronic monitoring device or blocking the visual recording
component of the electronic monitoring device while dressing or bathing is performed; and
new text end

new text begin (vi) turning off the electronic monitoring device for the duration of a visit with a spiritual
advisor, ombudsman, attorney, financial planner, intimate partner, or other visitor;
new text end

new text begin (7) any other condition or restriction elected by the resident or roommate on the use of
an electronic monitoring device; and
new text end

new text begin (8) a signature box for documenting that the resident or roommate has withdrawn consent.
new text end

new text begin (c) A copy of the completed notification and consent form must be placed in the resident's
and any roommate's clinical records and a copy must be provided to the resident and the
resident's roommate, if applicable.
new text end

new text begin (d) The ombudsman for long-term care shall prescribe the notification and consent form
required in this section no later than January 1, 2019. The commissioner shall make the
form available on the department's Web site.
new text end

new text begin (e) Beginning January 1, 2019, facilities must make the notification and consent form
available to the residents and inform residents of their option to conduct electronic monitoring
of their rooms or private living spaces.
new text end

new text begin (f) Any resident, legal representative of a resident, or other person conducting electronic
monitoring of a resident's room prior to enactment of this section must comply with the
requirements of this section by January 1, 2019.
new text end

new text begin Subd. 6. new text end

new text begin Cost and installation. new text end

new text begin (a) A resident choosing to conduct authorized electronic
monitoring must do so at the resident's own expense, including paying purchase, installation,
maintenance, and removal costs.
new text end

new text begin (b) If a resident chooses to install an electronic monitoring device that uses Internet
technology for visual or audio monitoring, the resident may be responsible for contracting
with an Internet service provider.
new text end

new text begin (c) The facility shall make a reasonable attempt to accommodate the resident's installation
needs, including allowing access to the facility's telecommunications or equipment room.
A facility has the burden of proving that a requested accommodation is not reasonable.
new text end

new text begin (d) All electronic monitoring device installations and supporting services must be
UL-listed.
new text end

new text begin Subd. 7. new text end

new text begin Notice to visitors. new text end

new text begin (a) A facility shall post a sign at each facility entrance
accessible to visitors that states "Security cameras and audio devices may be present to
record persons and activities."
new text end

new text begin (b) The facility is responsible for installing and maintaining the signage required in this
subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Obstruction of electronic monitoring devices. new text end

new text begin (a) A person must not knowingly
hamper, obstruct, tamper with, or destroy an electronic monitoring device installed in a
resident's room or private living space without the permission of the resident or the resident's
legal representative.
new text end

new text begin (b) It is not a violation of paragraph (a) if a person turns off the electronic monitoring
device or blocks the visual recording component of the electronic monitoring device at the
direction of the resident or the resident's legal representative, or if consent has been
withdrawn.
new text end

new text begin Subd. 9. new text end

new text begin Dissemination of recordings. new text end

new text begin (a) A facility may not access any video or audio
recording created through authorized electronic monitoring without the written consent of
the resident or the resident's legal representative.
new text end

new text begin (b) Except as required under other law, a recording or copy of a recording made as
provided in this section may only be disseminated for the purpose of addressing health,
safety, or welfare concerns of a resident or residents.
new text end

new text begin (c) The resident or the resident's legal representative must provide a copy of any video
or audio recording to parties involved in a civil, criminal, or administrative proceeding,
upon a party's request, if the video or audio recording was made during the time period that
the conduct at issue in the proceeding allegedly occurred.
new text end

new text begin Subd. 10. new text end

new text begin Admissibility of evidence. new text end

new text begin Subject to applicable rules of evidence and
procedure, any video or audio recording created through authorized electronic monitoring
under this section may be admitted into evidence in a civil, criminal, or administrative
proceeding if the contents of the recording have not been edited or artificially enhanced and
the video recording includes the date and time the events occurred.
new text end

new text begin Subd. 11. new text end

new text begin Liability. new text end

new text begin (a) A facility is not civilly or criminally liable for the inadvertent
or intentional disclosure of a recording by a resident or a resident's legal representative for
any purpose not authorized by this section.
new text end

new text begin (b) A facility is not civilly or criminally liable for a violation of a resident's right to
privacy arising out of any electronic monitoring conducted as provided in this section.
new text end

new text begin Subd. 12. new text end

new text begin Resident protections. new text end

new text begin A facility must not:
new text end

new text begin (1) refuse to admit a potential resident or remove a resident because the facility disagrees
with the potential resident's or the resident's decisions regarding electronic monitoring;
new text end

new text begin (2) intentionally retaliate or discriminate against any resident for consenting or refusing
to consent to electronic monitoring under this section; or
new text end

new text begin (3) prevent the installation or use of an electronic monitoring device by a resident who
has provided the facility with notice and consent as required under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 5.

Minnesota Statutes 2016, section 144.651, subdivision 1, is amended to read:


Subdivision 1.

Legislative intent.

It is the intent of the legislature and the purpose of
this section to promote the interests and well being of the patients and residents of health
care facilities. new text beginIt is the intent of this section that every patient's and resident's civil and
religious liberties, including the right to independent personal decisions and knowledge of
available choices, must not be infringed and that the facility must encourage and assist in
the fullest possible exercise of these rights. The rights provided under this section are
established for the benefit of patients and residents.
new text endNo health care facility may require new text beginor
request
new text enda patient or resident to waive new text beginany of new text endthese rightsnew text begin at any time or for any reason
including
new text end as a condition of admission to the facility. Any guardian or conservator of a patient
or resident or, in the absence of a guardian or conservator, an interested person, may seek
enforcement of these rights on behalf of a patient or resident. An interested person may also
seek enforcement of these rights on behalf of a patient or resident who has a guardian or
conservator through administrative agencies or in district court having jurisdiction over
guardianships and conservatorships. Pending the outcome of an enforcement proceeding
the health care facility may, in good faith, comply with the instructions of a guardian or
conservator. deleted text beginIt is the intent of this section that every patient's civil and religious liberties,
including the right to independent personal decisions and knowledge of available choices,
shall not be infringed and that the facility shall encourage and assist in the fullest possible
exercise of these rights.
deleted text end

Sec. 6.

Minnesota Statutes 2016, section 144.651, subdivision 2, is amended to read:


Subd. 2.

Definitions.

new text begin(a) new text endFor the purposes of this section, new text beginthe terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) new text end"Patient" meansnew text begin:
new text end

new text begin (1) new text enda person who is admitted to an acute care inpatient facility for a continuous period
longer than 24 hours, for the purpose of diagnosis or treatment bearing on the physical or
mental health of that persondeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) a minor who is admitted to a residential program as defined in section 253C.01;
new text end

new text begin (3) new text endfor purposes of subdivisions new text begin1, new text end4 to 9, 12, 13, 15, 16, deleted text beginanddeleted text end 18 to 20, deleted text begin"patient" also
means
deleted text end new text beginand 34, new text enda person who receives health care services at an outpatient surgical center
or at a birth center licensed under section 144.615deleted text begin. "Patient" also means a minor who is
admitted to a residential program as defined in section 253C.01.
deleted text endnew text begin; and
new text end

new text begin (4) new text endfor purposes of subdivisions 1, 3 to 16, 18, 20 deleted text beginanddeleted text endnew text begin,new text end 30, deleted text begin"patient" also meansdeleted text end new text beginand 34,
new text end any person who is receiving mental health treatment on an outpatient basis or in a community
support program or other community-based program.

new text begin (c)new text end "Resident" means a person who is admitted tonew text begin:
new text end

new text begin (1) new text enda nonacute care facility including extended care facilitiesdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2) a new text endnursing deleted text beginhomes, and deleted text endnew text begin home;
new text end

new text begin (3) a new text endboarding care deleted text beginhomesdeleted text endnew text begin homenew text end for care required because of prolonged mental or physical
illness or disability, recovery from injury or disease, or advancing agedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) new text endfor purposes of deleted text beginall subdivisions exceptdeleted text end subdivisions deleted text begin28 and 29deleted text endnew text begin 1 to 27new text enddeleted text begin, "resident"
also means a person who is admitted to
deleted text end new text beginand 30 to 34, new text enda facility licensed as a board and
lodging facility under Minnesota Rules, deleted text beginparts 4625.0100 to 4625.2355deleted text endnew text begin chapter 4625new text end, or a
supervised living facility under Minnesota Rules, deleted text beginparts 4665.0100 to 4665.9900deleted text endnew text begin chapter
4665
new text end, and which operates a rehabilitation program licensed under Minnesota Rules, parts
deleted text begin 9530.6405deleted text endnew text begin 9530.6510new text end to 9530.6590.

new text begin (d) "Health care facility" or "facility" means:
new text end

new text begin (1) an acute care inpatient facility;
new text end

new text begin (2) a residential program as defined in section 253C.01;
new text end

new text begin (3) for the purposes of subdivisions 1, 4 to 9, 12, 13, 15, 16, 18 to 20, and 34, an
outpatient surgical center or a birth center licensed under section 144.615;
new text end

new text begin (4) for the purposes of subdivisions 1, 3 to 16, 18, 20, 30, and 34, a setting in which
outpatient mental health services are provided, or a community support program or other
community-based program providing mental health treatment;
new text end

new text begin (5) a nonacute care facility, including extended care facilities;
new text end

new text begin (6) a nursing home;
new text end

new text begin (7) a boarding care home for care required because of prolonged mental or physical
illness or disability, recovery from injury or disease, or advancing age; or
new text end

new text begin (8) for the purposes of subdivisions 1 to 27 and 30 to 34, a facility licensed as a board
and lodging facility under Minnesota Rules, chapter 4625, or a supervised living facility
under Minnesota Rules, chapter 4665, and which operates a rehabilitation program licensed
under Minnesota Rules, parts 9530.6510 to 9530.6590.
new text end

Sec. 7.

Minnesota Statutes 2016, section 144.651, subdivision 4, is amended to read:


Subd. 4.

Information about rights.

new text begin(a) new text endPatients and residents shall, at admission, be
told that there are legal rights for their protection during their stay at the facility or throughout
their course of treatment and maintenance in the community and that these are described
in an accompanying written statement new text beginin plain language and in terms patients and residents
can understand
new text endof the applicable rights and responsibilities set forth in this section. new text beginThe
written statement must be developed by the commissioner, in consultation with stakeholders,
and must also include the name, address, and telephone number of the state or county agency
to contact for additional information or assistance.
new text endIn the case of patients admitted to
residential programs as defined in section 253C.01, the written statement shall also describe
the right of a person 16 years old or older to request release as provided in section 253B.04,
subdivision 2
, and shall list the names and telephone numbers of individuals and organizations
that provide advocacy and legal services for patients in residential programs.

new text begin (b) new text endReasonable accommodations shall be made for people who have communication
disabilities and those who speak a language other than English.

new text begin (c) new text endCurrent facility policies, inspection findings of state and local health authorities, and
further explanation of the written statement of rights shall be available to patients, residents,
their guardians or their chosen representatives upon reasonable request to the administrator
or other designated staff person, consistent with chapter 13, the Data Practices Act, and
section 626.557, relating to vulnerable adults.

Sec. 8.

Minnesota Statutes 2016, section 144.651, subdivision 6, is amended to read:


Subd. 6.

Appropriate health care.

Patients and residents shall have the right to
appropriate medical and personal care based on individual needs. Appropriate care for
residents means care designed to enable residents to achieve their highest level of physical
and mental functioningdeleted text begin.deleted text endnew text begin, provided by persons who are properly trained and competent to
perform their duties.
new text end This right is limited where the service is not reimbursable by public
or private resources.

Sec. 9.

Minnesota Statutes 2016, section 144.651, subdivision 14, is amended to read:


Subd. 14.

Freedom from maltreatment.

new text begin(a) new text endPatients and residents shall be free from
maltreatment as defined in the Vulnerable Adults Protection Act. "Maltreatment" means
conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic
infliction of physical pain or injury, or any persistent course of conduct intended to produce
mental or emotional distress. new text beginPatients and residents who reside in or receive care from a
facility for which the Department of Health is the lead investigative agency shall receive
notification from the Department of Health regarding a report of alleged maltreatment,
disposition of a report, and appeal rights, as provided under section 626.557, subdivision
9c.
new text end

new text begin (b) new text endEvery patient and resident shall also be free from nontherapeutic chemical and
physical restraints, except in fully documented emergencies, or as authorized in writing
after examination by a patient's or resident's physician for a specified and limited period of
time, and only when necessary to protect the resident from self-injury or injury to others.

Sec. 10.

Minnesota Statutes 2016, section 144.651, subdivision 16, is amended to read:


Subd. 16.

Confidentiality of records.

Patients and residents shall be assured confidential
treatment of their personalnew text begin, financial,new text end and medical records, and may approve or refuse their
release to any individual outside the facility. Residents shall be notified when personal
records are requested by any individual outside the facility and may select someone to
accompany them when the records or information are the subject of a personal interview.
new text begin Patients and residents have a right to access their personal, financial, and medical records
and written information from those records.
new text endCopies of records and written information from
the records shall be made available in accordance with this subdivision and sections 144.291
to 144.298. This right does not apply to complaint investigations and inspections by the
Department of Health, where required by third-party payment contracts, or where otherwise
provided by law.

Sec. 11.

Minnesota Statutes 2016, section 144.651, subdivision 17, is amended to read:


Subd. 17.

Disclosure of services available.

Patients and residents shall be informed,
prior to or at the time of admission and during their stay, of services which are included in
the facility's basic per diem or daily room rate and that other services are available at
additional charges. new text beginResidents have the right to 30 days' advance notice of changes in charges
that are unrelated to a resident's change in condition or change of care needs. A facility that
is subject to section 504B.178 may not collect a nonrefundable security deposit unless it is
applied to the first month's charges. Nursing facilities enrolled as medical assistance providers
are prohibited from charging, soliciting, accepting, or receiving a deposit. Facilities and
providers are prohibited from charging fees because a resident exercises the right to refuse
treatment or medication, or when the resident chooses pharmacies or other health
professionals other than the ones selected or preferred by the facility or provider.
new text endFacilities
shall make every effort to assist patients and residents in obtaining information regarding
whether the Medicare or medical assistance program will pay for any or all of the
aforementioned services.

Sec. 12.

Minnesota Statutes 2016, section 144.651, subdivision 20, is amended to read:


Subd. 20.

Grievances.

new text begin(a) new text endPatients and residents shall be encouraged and assisted,
throughout their stay in a facility or their course of treatment, to understand and exercise
their rights as patients, residents, and citizens. Patients and residents may voice grievancesnew text begin,
assert the rights granted under this section personally,
new text end and recommend changes in policies
and services to facility staff and others of their choice, free from restraint, interference,
coercion, discrimination, new text beginretaliation, new text endor reprisal, including threat of discharge. deleted text beginNotice of the
grievance procedure of the facility or program, as well as addresses and telephone numbers
for the Office of Health Facility Complaints and the area nursing home ombudsman pursuant
to the Older Americans Act, section 307(a)(12) shall be posted in a conspicuous place.
deleted text end

new text begin (b) Patients and residents have the right to complain about services that are provided,
services that are not being provided, and the lack of courtesy or respect to the patient or
resident or the patient's or resident's property. The facility must investigate and attempt
resolution of the complaint or grievance. The patient or resident has the right to be informed
of the name and contact information of the individual who is responsible for handling
grievances.
new text end

new text begin (c) Notice must be posted in a conspicuous place of the facility's or program's grievance
procedure, as well as telephone numbers and, where applicable, addresses for the common
entry point, as defined in section 626.5572, subdivision 5, the protection and advocacy
agency, and the state long-term care ombudsman pursuant to United States Code, title 42,
sections 3058f and 3058g.
new text end

new text begin (d) new text endEvery acute care inpatient facility, every residential program as defined in section
253C.01, every nonacute care facility, and every facility employing more than two people
that provides outpatient mental health services shall have a written internal grievance
procedure that, at a minimum, sets forth the process to be followed; specifies time limits,
including time limits for facility response; provides for the patient or resident to have the
assistance of an advocate; requires a written response to written grievances; and provides
for a timely decision by an impartial decision maker if the grievance is not otherwise resolved.
Compliance by hospitals, residential programs as defined in section 253C.01 which are
hospital-based primary treatment programs, and outpatient surgery centers with section
144.691 and compliance by health maintenance organizations with section 62D.11 is deemed
to be compliance with the requirement for a written internal grievance procedure.

Sec. 13.

Minnesota Statutes 2016, section 144.651, subdivision 21, is amended to read:


Subd. 21.

Communication privacy.

Patients and residents may associate and
communicate privately with persons of their choice and enter and, except as provided by
the Minnesota Commitment Act, leave the facility as they choose. Patients and residents
shall have access, at their new text beginown new text endexpensenew text begin, unless provided by the facilitynew text end, to writing instruments,
stationery, deleted text beginanddeleted text end postagenew text begin, and Internet servicenew text end. Personal mail shall be sent without interference
and received unopened unless medically or programmatically contraindicated and
documented by the physician in the medical record. There shall be access to a telephone
where patients and residents can make and receive calls as well as speak privately. Facilities
which are unable to provide a private area shall make reasonable arrangements to
accommodate the privacy of patients' or residents' calls. Upon admission to a facility where
federal law prohibits unauthorized disclosure of patient or resident identifying information
to callers and visitors, the patient or resident, or the legal guardian or conservator of the
patient or resident, shall be given the opportunity to authorize disclosure of the patient's or
resident's presence in the facility to callers and visitors who may seek to communicate with
the patient or resident. To the extent possible, the legal guardian or conservator of a patient
or resident shall consider the opinions of the patient or resident regarding the disclosure of
the patient's or resident's presence in the facility. This right is limited where medically
inadvisable, as documented by the attending physician in a patient's or resident's care record.
Where programmatically limited by a facility abuse prevention plan pursuant to section
626.557, subdivision 14, paragraph (b), this right shall also be limited accordingly.

Sec. 14.

Minnesota Statutes 2016, section 144.651, is amended by adding a subdivision
to read:


new text begin Subd. 34. new text end

new text begin Retaliation prohibited. new text end

new text begin (a) A facility or person must not retaliate against a
patient, resident, employee, or interested person who in good faith:
new text end

new text begin (1) files a complaint or grievance or asserts any rights on behalf of the patient or resident;
new text end

new text begin (2) submits a maltreatment report, whether mandatory or voluntary, on behalf of the
patient or resident under section 626.557, subdivision 3, 4, or 4a;
new text end

new text begin (3) advocates on behalf of the patient or resident for necessary or improved care and
services or enforcement of rights under this section or other law; or
new text end

new text begin (4) contracts to receive services from a service provider of the resident's choice.
new text end

new text begin (b) Adverse action may be considered retaliation. For purposes of this section, "adverse
action" means any action taken in bad faith by a facility or person against the patient, resident,
employee, or interested person that includes but is not limited to:
new text end

new text begin (1) discharge or transfer from the facility;
new text end

new text begin (2) discharge from or termination of employment;
new text end

new text begin (3) demotion or reduction in remuneration for services;
new text end

new text begin (4) any restriction of any of the rights set forth in state or federal law;
new text end

new text begin (5) removal, tampering with, or deprivation of technology, communication, or electronic
monitoring devices of the patient or resident;
new text end

new text begin (6) one of the following actions if unrelated to a patient's or resident's change in condition
or change of care needs:
new text end

new text begin (i) restriction or prohibition of access either to the facility or to the patient or resident;
new text end

new text begin (ii) any restriction of access to or use of communities or services;
new text end

new text begin (iii) termination of services or lease agreement, or both; or
new text end

new text begin (iv) a sudden increase in costs for services not already contemplated at the time of the
action taken;
new text end

new text begin (7) reporting maltreatment in bad faith; or
new text end

new text begin (8) making any oral or written communication of false information about a person
advocating on behalf of the patient or resident.
new text end

Sec. 15.

Minnesota Statutes 2016, section 144.651, is amended by adding a subdivision
to read:


new text begin Subd. 35. new text end

new text begin Electronic monitoring. new text end

new text begin A resident has the right to install and use electronic
monitoring, provided the requirements of section 144.6502 are met.
new text end

Sec. 16.

new text begin [144.6511] DECEPTIVE MARKETING AND BUSINESS PRACTICES.
new text end

new text begin (a) For purposes of this section, "facility" means a facility listed in section 144.651,
subdivision 2, paragraph (d), clauses (2) to (8); a housing with services establishment
registered under chapter 144D; or an assisted living setting regulated under chapter 144G.
new text end

new text begin (b) Deceptive marketing and business practices by a facility or by a home care provider
licensed under sections 144A.43 to 144A.482, are prohibited.
new text end

new text begin (c) For the purposes of this section, it is a deceptive practice for a facility or home care
provider to:
new text end

new text begin (1) make any false, fraudulent, deceptive, or misleading statements in marketing,
advertising, or written description or representation of care or services, whether in written
or electronic form;
new text end

new text begin (2) arrange for or provide health care or services other than those contracted for;
new text end

new text begin (3) fail to deliver any care or services the provider or facility promised that the facility
was able to provide;
new text end

new text begin (4) fail to inform the patient, resident, or client in writing of any limitations to care
services available prior to executing a contract for admission;
new text end

new text begin (5) discharge or terminate the lease or services of a patient or resident following a required
period of private pay who then receives benefits under the medical assistance elderly waiver
program after the facility has made a written promise to continue the same services provided
under private pay and accept medical assistance elderly waiver payments after the expiration
of the private pay period;
new text end

new text begin (6) fail to disclose in writing the purpose of a nonrefundable community fee or other fee
prior to contracting for services with a patient, resident, or client;
new text end

new text begin (7) advertise or represent, in writing, that the facility is or has a special care unit, such
as for dementia or memory care, without complying with training and disclosure requirements
under sections 144D.065 and 325F.72, and any other applicable law; or
new text end

new text begin (8) define the terms "facility," "contract of admission," "admission contract," "admission
agreement," "legal representative," or "responsible party" to mean anything other than the
meanings of those terms under section 144.6501.
new text end

Sec. 17.

Minnesota Statutes 2016, section 144.652, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Fines. new text end

new text begin Notwithstanding section 144.653 or 144A.10, the commissioner may
impose a fine in an amount equal to the amount listed in Minnesota Rules, part 4658.0193,
item F, upon a finding that the facility has violated section 144.651, subdivision 34.
new text end

Sec. 18.

Minnesota Statutes 2016, section 144A.10, subdivision 1, is amended to read:


Subdivision 1.

Enforcement authority.

The commissioner of health is the exclusive
state agency charged with the responsibility and duty of inspecting all facilities required to
be licensed under section 144A.02new text begin, and issuing correction orders and imposing fines as
provided in this section, Minnesota Rules, chapter 4658, or any other applicable law
new text end. The
commissioner of health shall enforce the rules established pursuant to sections 144A.01 to
144A.155, subject only to the authority of the Department of Public Safety respecting the
enforcement of fire and safety standards in nursing homes and the responsibility of the
commissioner of human services under sections 245A.01 to 245A.16 or 252.28.

The commissioner may request and must be given access to relevant information, records,
incident reports, or other documents in the possession of a licensed facility if the
commissioner considers them necessary for the discharge of responsibilities. For the purposes
of inspections and securing information to determine compliance with the licensure laws
and rules, the commissioner need not present a release, waiver, or consent of the individual.
new text begin A nursing home's refusal to cooperate in providing lawfully requested information is grounds
for a correction order, a fine according to Minnesota Rules, part 4658.0190, item EE, or
both.
new text endThe identities of patients or residents must be kept private as defined by section 13.02,
subdivision 12
.

Sec. 19.

Minnesota Statutes 2016, section 144A.44, subdivision 1, is amended to read:


Subdivision 1.

Statement of rights.

A person who receives home care services has these
rights:

(1) the right to receive written informationnew text begin in plain languagenew text end about rights before receiving
services, including what to do if rights are violated;

(2) the right to receive care and services according to a suitable and up-to-date plan, and
subject to accepted health care, medical or nursing standards, to take an active part in
developing, modifying, and evaluating the plan and services;

(3) the right to be told before receiving services the type and disciplines of staff who
will be providing the services, the frequency of visits proposed to be furnished, other choices
that are available for addressing home care needs, and the potential consequences of refusing
these services;

(4) the right to be told in advance of any recommended changes by the provider in the
service plan and to take an active part in any decisions about changes to the service plan;

(5) the right to refuse services or treatment;

(6) the right to know, before receiving services or during the initial visit, any limits to
the services available from a home care provider;

(7) the right to be told before services are initiated what the provider charges for the
services; to what extent payment may be expected from health insurance, public programs,
or other sources, if known; and what charges the client may be responsible for paying;

(8) the right to know that there may be other services available in the community,
including other home care services and providers, and to know where to find information
about these services;

(9) the right to choose freely among available providers and to change providers after
services have begun, within the limits of health insurance, long-term care insurance, medical
assistance, or other health programs;

(10) the right to have personal, financial, and medical information kept private, and to
be advised of the provider's policies and procedures regarding disclosure of such information;

(11) the right to access the client's own records and written information from those
records in accordance with sections 144.291 to 144.298;

(12) the right to be served by people who are properly trained and competent to perform
their duties;

(13) the right to be treated with courtesy and respect, and to have the client's property
treated with respect;

(14) the right to be free from physical and verbal abuse, neglect, financial exploitation,
and all forms of maltreatment covered under the Vulnerable Adults Act and the Maltreatment
of Minors Act;

(15) the right to reasonable, advance notice of changes in services or charges;

(16) the right to know the provider's reason for termination of services;

(17) the right to at least deleted text begintendeleted text endnew text begin 15new text end days' advance notice of the termination of a service by a
provider, except in cases where:

(i) the client engages in conduct that significantly alters the terms of the service plan
with the home care provider;

(ii) the client, person who lives with the client, or others create an abusive or unsafe
work environment for the person providing home care services; deleted text beginor
deleted text end

(iii) an emergency or a significant change in the client's condition has resulted in service
needs that exceed the current service plan and that cannot be safely met by the home care
provider;new text begin or
new text end

new text begin (iv) the client's condition has improved to a point where home care services are deemed
by the client's medical provider to no longer be medically necessary;
new text end

(18) the right to a coordinated transfer when there will be a change in the provider of
services;

(19) the right to complain new text beginto staff new text endabout services that are provided, or fail to be provided,
and the lack of courtesy or respect to the client or the client's propertynew text begin, and the right to
recommend changes in policies and services, free from retaliation, including the threat of
termination of services or a service agreement
new text end;

(20) the right to know how to contact an individual associated with the home care provider
who is responsible for handling problems and to have the home care provider investigate
and attempt to resolve the grievance or complaint;

(21) the right to know the name and address of the state or county agency to contact for
additional information or assistance; deleted text beginand
deleted text end

(22) the right to assert these rights personally, or have them asserted by the client's
representative or by anyone on behalf of the client, without retaliationdeleted text begin.
deleted text end

new text begin (23) the right to notification from the Department of Health regarding a report of alleged
maltreatment, disposition of a report, and appeal rights, as provided under section 626.557,
subdivision 9c;
new text end

new text begin (24) the right to Internet service at the person's own expense, unless it is provided by
the provider; and
new text end

new text begin (25) the right to place an electronic monitoring device in the person's own private space,
provided the requirements in section 144.6502 are met.
new text end

new text begin The commissioner shall develop and make available to providers a standard form explaining
in plain language the rights specified in this subdivision.
new text end

Sec. 20.

Minnesota Statutes 2016, section 144A.441, is amended to read:


144A.441 ASSISTED LIVING BILL OF RIGHTS ADDENDUM.

Assisted living clients, as defined in section 144G.01, subdivision 3, shall be provided
with the home care bill of rights required by section 144A.44, except that the home care
bill of rights provided to these clients must include the following provision in place of the
provision in section 144A.44, subdivision 1, clause (17):

"(17) the right to reasonable, advance notice of changes in services or charges, including
at least 30 days' advance notice of the termination of a service by a provider, except in cases
where:

(i) the recipient of services deleted text beginengages in conduct that alters the conditions of employment
as specified in the employment contract between the home care provider and the individual
providing home care services, or
deleted text end creates new text beginand the home care provider can document new text endan
abusive or unsafe work environment for the individual providing home care services;

(ii) new text begina doctor or treating physician, certified nurse practitioner, physician assistant, or
registered nurse documents that
new text endan emergency deleted text beginfor the informal caregiverdeleted text end or a significant
change in the recipient's condition has resulted in service needs that exceed the current
service provider agreement and that cannot be safely met by the home care provider; or

(iii) the provider has not received payment for services, for which at least ten days'
advance notice of the termination of a service shall be provided."

new text begin For participants receiving medical assistance waiver services, the provider must immediately
notify the participant's case manager of any termination of services.
new text end

Sec. 21.

Minnesota Statutes 2016, section 144A.442, is amended to read:


144A.442 deleted text beginASSISTED LIVING CLIENTS; SERVICEdeleted text end new text beginARRANGED HOME CARE
PROVIDER RESPONSIBILITIES;
new text endTERMINATIONnew text begin OF SERVICESnew text end.

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "coordinated transfer" means
a plan to transfer an assisted living client, as defined in section 144G.01, subdivision 3, to
another home care provider that:
new text end

new text begin (1) considers the needs and wants of the client;
new text end

new text begin (2) is based on the comprehensive assessment and individual needs of the client;
new text end

new text begin (3) includes the client, the client's case manager, and the client's representative, if any;
and
new text end

new text begin (4) includes relevant information that allows the new home care provider to successfully
meet the needs of the client.
new text end

new text begin Subd. 2. new text end

new text begin Permissible reasons to terminate services; notice required. new text end

new text begin (a) An arranged
home care provider may terminate services if the home care provider is implementing a
plan consistent with the client's assessed needs and a client:
new text end

new text begin (1) engages in conduct that significantly alters the terms of the service agreement with
the home care provider and does not significantly alter the client's conduct within 30 days
of receiving written notice of the conduct; or
new text end

new text begin (2) fails to pay the provider for services that are agreed to in the service agreement.
new text end

new text begin (b) An arranged home care provider must provide at least 30 days' advance written notice
prior to terminating a service agreement for a reason specified in paragraph (a), clause (1),
and at least ten days' advance notice for the reason specified in paragraph (a), clause (2).
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), the arranged home care provider may
terminate services if the client:
new text end

new text begin (1) creates, and the provider can document, an abusive or unsafe environment for the
individual providing home care services or for other residents; or
new text end

new text begin (2) has a comprehensive assessment by a treating physician, advanced practice registered
nurse, or physician assistant that documents, and shows, that an emergency or a significant
change in the client's condition has resulted in service needs that exceed the current service
agreement and that cannot be safely met by the home care provider.
new text end

new text begin An arranged home care provider may not terminate services under this paragraph until the
provider has assisted a client with a coordinated transfer.
new text end

new text begin (d) For participants receiving medical assistance waiver services, the provider must
immediately notify the participant's case manager of any termination of services.
new text end

new text begin Subd. 3. new text end

new text begin Contents of service termination notice. new text end

If an arranged home care provider,
as defined in section 144D.01, subdivision 2a, who is not also Medicare certified terminates
a service agreement deleted text beginor service plandeleted text end with an assisted living client, as defined in section
144G.01, subdivision 3, the home care provider shall provide the assisted living client and
the legal or designated representatives of the client, if any, with deleted text beginadeleted text endnew text begin advancenew text end written notice
of termination deleted text beginwhichdeleted text endnew text begin, as provided under subdivision 2, thatnew text end includes the following
information:

(1) the effective date of termination;

(2) new text begina detailed explanation of new text endthe reason for termination;

(3) without extending the termination notice period, an affirmative offer to meet with
the assisted living client or client representatives deleted text beginwithin no more than five business days of
the date of the termination notice
deleted text end to discuss the termination;

(4) contact information for a reasonable number of other home care providers in the
geographic area of the assisted living client, as required by section 144A.4791, subdivision
10
;

(5) a statement that the provider will participate in a coordinated transfer of the care of
the client to another provider or caregiver, as required by section 144A.44, subdivision 1,
clause (18);

(6) the name and contact information of a representative of the home care provider with
whom the client may discuss the notice of termination;

(7) a copy of the home care bill of rights; deleted text beginand
deleted text end

(8) a statement that the notice of termination of home care services by the home care
provider does not constitute notice of termination of the housing with services contract with
a housing with services establishmentnew text begin;
new text end

new text begin (9) a statement that the client has the right to avoid termination of services by paying
the past due service charges or by curing the alteration of the terms of the service agreement
prior to the effective date of service termination;
new text end

new text begin (10) a statement that the recipient of the notice may contact the Office of the Ombudsman
for Long-Term Care for assistance regarding service termination and the address and
telephone number of the Office of Ombudsman for Long-Term Care, the Office of
Administrative Hearings, and the protection and advocacy agency; and
new text end

new text begin (11) a statement of the client's right to appeal the service termination to the Office of
Administrative Hearings and an explanation about how to request an appeal
new text end.

new text begin Subd. 4. new text end

new text begin Right to appeal service termination. new text end

new text begin (a) At any time prior to the expiration
of the notice period provided under subdivision 2, paragraph (b), a client may appeal the
service termination by making a written request for a hearing to the Office of Administrative
Hearings, which must schedule the hearing no later than 14 days after receiving the appeal
request. The hearing must be held in the establishment in which the client resides, unless
impractical or the parties agree otherwise. A client may not appeal a service termination
for the reason specified in subdivision 2, paragraph (a), clause (2). A client may appeal a
termination of services for a reason specified in subdivision 2, paragraph (a), clause (1),
beginning July 1, 2018, and may appeal a termination of services for a reason specified in
subdivision 2, paragraph (c), clause (1) or (2), beginning January 1, 2020.
new text end

new text begin (b) The arranged home care provider may not discontinue services to a client who makes
a timely appeal of a notice of service termination until the Office of Administrative Hearings
makes a final determination on the appeal in favor of the arranged home care provider.
new text end

new text begin (c) Clients are not required to request a meeting as provided under subdivision 3, clause
(3), prior to submitting an appeal hearing request.
new text end

new text begin (d) The commissioner of health may order the arranged home care provider to rescind
the service termination if:
new text end

new text begin (1) the service termination was in violation of state or federal law; or
new text end

new text begin (2) the client cures the conduct that allegedly altered the terms of the service agreement
on or before the date of the administrative hearing.
new text end

new text begin (e) Nothing in this section limits the right of a client or the client's representative to
request or receive assistance from the Office of Ombudsman for Long-Term Care and the
protection and advocacy agency concerning the proposed service termination.
new text end

new text begin Subd. 5. new text end

new text begin Assistance with coordinated transfer. new text end

new text begin A housing with services establishment
with which the client has a contract and the arranged home care provider must assist a client
with a coordinated transfer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all contracts for services entered into
or renewed on or after July 1, 2018.
new text end

Sec. 22.

Minnesota Statutes 2016, section 144A.45, subdivision 1, is amended to read:


Subdivision 1.

Regulations.

The commissioner shall regulate home care providers
pursuant to sections 144A.43 to 144A.482. The regulations shall include the following:

(1) provisions to assure, to the extent possible, the health, safety, well-being, and
appropriate treatment of persons who receive home care services while respecting a client's
autonomy and choice;

(2) requirements that home care providers furnish the commissioner with specified
information necessary to implement sections 144A.43 to 144A.482;

(3) standards of training of home care provider personnel;

(4) standards for provision of home care services;

(5) standards for medication management;

(6) standards for supervision of home care services;

(7) standards for client evaluation or assessment;

(8) requirements for the involvement of a client's health care provider, the documentation
of health care providers' orders, if required, and the client's service plan;

(9) new text beginstandards for new text endthe maintenance of accurate, current client records;

(10) the establishment of basic and comprehensive levels of licenses based on services
provided; and

(11) provisions to enforce these regulations and the home care bill of rightsnew text begin, including
provisions for issuing penalties and fines according to section 144A.474, subdivision 11,
for violations of sections 144A.43 to 144A.482, and of the home care bill of rights under
sections 144A.44 to 144A.441
new text end.

Sec. 23.

Minnesota Statutes 2016, section 144A.45, subdivision 2, is amended to read:


Subd. 2.

Regulatory functions.

The commissioner shall:

(1) license, survey, and monitor without advance notice, home care providers in
accordance with sections 144A.43 to 144A.482;

(2) survey every temporary licensee within one year of the temporary license issuance
date subject to the temporary licensee providing home care services to a client or clients;

(3) survey all licensed home care providers on an interval that will promote the health
and safety of clients;

(4) with the consent of the client, visit the home where services are being provided;

(5) issue correction orders and assess civil penalties in accordance with deleted text beginsectiondeleted text endnew text begin sectionsnew text end
144.653, subdivisions 5 to 8new text begin, 144A.474, and 144A.475new text end, for violations of sections 144A.43
to 144A.482new text begin, and sections 144A.44 to 144A.441new text end;

(6) take action as authorized in section 144A.475; and

(7) take other action reasonably required to accomplish the purposes of sections 144A.43
to 144A.482.

Sec. 24.

Minnesota Statutes 2016, section 144A.474, subdivision 8, is amended to read:


Subd. 8.

Correction orders.

(a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a home care
provider, a managerial official, or an employee of the provider is not in compliance with
sections 144A.43 to 144A.482. The correction order shall cite the specific statute and
document areas of noncompliance and the time allowed for correction.new text begin In addition to issuing
a correction order, the commissioner may impose an immediate fine as provided in
subdivision 11.
new text end

(b) The commissioner shall mail copies of any correction order to the last known address
of the home care provider, or electronically scan the correction order and e-mail it to the
last known home care provider e-mail address, within 30 calendar days after the survey exit
date. A copy of each correction ordernew text begin, the amount of any immediate fine issued, the correction
plan,
new text end and copies of any documentation supplied to the commissioner shall be kept on file
by the home care provider, and public documents shall be made available for viewing by
any person upon request. Copies may be kept electronically.

(c) By the correction order date, the home care provider must document in the provider's
records any action taken to comply with the correction order. The commissioner may request
a copy of this documentation and the home care provider's action to respond to the correction
order in future surveys, upon a complaint investigation, and as otherwise needed.

Sec. 25.

Minnesota Statutes 2016, section 144A.474, subdivision 9, is amended to read:


Subd. 9.

Follow-up surveys.

For providers that have Level 3 or Level 4 violations under
subdivision 11, or any violations determined to be widespread, the department shall conduct
a follow-up survey within 90 calendar days of the survey. When conducting a follow-up
survey, the surveyor will focus on whether the previous violations have been corrected and
may also address any new violations that are observed while evaluating the corrections that
have been made. If a new violation is identified on a follow-up survey, deleted text beginno fine will be
imposed unless it is not corrected on the next follow-up survey
deleted text endnew text begin the surveyor shall issue a
correction order for the new violation and may impose an immediate fine for the new
violation
new text end.

Sec. 26.

Minnesota Statutes 2017 Supplement, section 144A.474, subdivision 11, is
amended to read:


Subd. 11.

Fines.

(a) Fines and enforcement actions under this subdivision may be assessed
based on the level and scope of the violations described in paragraph (c) as follows:

(1) Level 1, no fines or enforcement;

(2) Level 2, fines ranging from $0 to $500, in addition to any of the enforcement
mechanisms authorized in section 144A.475 for widespread violations;

(3) Level 3, fines ranging from $500 to $1,000, in addition to any of the enforcement
mechanisms authorized in section 144A.475; and

(4) Level 4, fines ranging from $1,000 to $5,000, in addition to any of the enforcement
mechanisms authorized in section 144A.475.

(b) Correction orders for violations are categorized by both level and scope and fines
shall be assessed as follows:

(1) level of violation:

(i) Level 1 is a violation that has no potential to cause more than a minimal impact on
the client and does not affect health or safety;

(ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
to have harmed a client's health or safety, but was not likely to cause serious injury,
impairment, or death;

(iii) Level 3 is a violation that harmed a client's health or safety, not including serious
injury, impairment, or death, or a violation that has the potential to lead to serious injury,
impairment, or death; and

(iv) Level 4 is a violation that results in serious injury, impairment, or death.

(2) scope of violation:

(i) isolated, when one or a limited number of clients are affected or one or a limited
number of staff are involved or the situation has occurred only occasionally;

(ii) pattern, when more than a limited number of clients are affected, more than a limited
number of staff are involved, or the situation has occurred repeatedly but is not found to be
pervasive; and

(iii) widespread, when problems are pervasive or represent a systemic failure that has
affected or has the potential to affect a large portion or all of the clients.

(c) If the commissioner finds that the applicant or a home care provider required to be
licensed under sections 144A.43 to 144A.482 has not corrected violations by the date
specified in the correction order or conditional license resulting from a survey or complaint
investigation, the commissioner may impose deleted text beginadeleted text endnew text begin an additionalnew text end finenew text begin for noncompliance with
a correction order
new text end. A notice of noncompliance with a correction order must be mailed to
the applicant's or provider's last known address. The deleted text beginnoncompliancedeleted text end notice new text beginof noncompliance
with a correction order
new text endmust list the violations not correctednew text begin and any fines imposednew text end.

(d) The license holder must pay the fines assessed on or before the payment date specifiednew text begin
on a correction order or on a notice of noncompliance with a correction order
new text end. If the license
holder fails to deleted text beginfully comply with the orderdeleted text endnew text begin pay a fine by the specified datenew text end, the commissioner
may issue a deleted text beginseconddeleted text end new text beginlate payment new text endfine or suspend the license until the license holder deleted text begincomplies
by paying the fine
deleted text endnew text begin pays all outstanding finesnew text end. A timely appeal shall stay payment of the new text beginlate
payment
new text endfine until the commissioner issues a final order.

(e) A license holder shall promptly notify the commissioner in writing when a violation
specified in deleted text beginthe orderdeleted text endnew text begin a notice of noncompliance with a correction ordernew text end is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as indicated
by the deleted text beginorderdeleted text endnew text begin notice of noncompliance with a correction ordernew text end, the commissioner may issue
deleted text begin a seconddeleted text endnew text begin an additionalnew text end finenew text begin for noncompliance with a notice of noncompliance with a
correction order
new text end. The commissioner shall notify the license holder by mail to the last known
address in the licensing record that deleted text begina seconddeleted text end new text beginan additional new text endfine has been assessed. The license
holder may appeal the deleted text beginseconddeleted text endnew text begin additionalnew text end fine as provided under this subdivision.

(f) A home care provider that has been assessed a fine under this subdivision new text beginor
subdivision 8
new text endhas a right to a reconsideration or a hearing under this section and chapter 14.

(g) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder shall be liable for payment of the fine.

(h) In addition to any fine imposed under this section, the commissioner may assess
costs related to an investigation that results in a final order assessing a fine or other
enforcement action authorized by this chapter.

(i) Fines collected under this subdivision shall be deposited in the state government
special revenue fund and credited to an account separate from the revenue collected under
section 144A.472. Subject to an appropriation by the legislature, the revenue from the fines
collected must be used by the commissioner for special projects to improve home care in
Minnesota as recommended by the advisory council established in section 144A.4799.

Sec. 27.

Minnesota Statutes 2016, section 144A.479, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Deceptive marketing and business practices. new text end

new text begin Deceptive marketing and
business practices by a home care provider are prohibited. For purposes of this subdivision,
it is a deceptive practice for a home care provider to engage in any conduct listed in section
144.6511.
new text end

Sec. 28.

Minnesota Statutes 2016, section 144A.4791, subdivision 10, is amended to read:


Subd. 10.

Termination of service plan.

(a) new text beginExcept as provided in section 144A.442, new text endif
a home care provider terminates a service plan with a client, and the client continues to need
home care services, the home care provider shall provide the client and the client's
representative, if any, with a written notice of termination which includes the following
information:

(1) the effective date of termination;

(2) the reason for termination;

(3) a list of known licensed home care providers in the client's immediate geographic
area;

(4) a statement that the home care provider will participate in a coordinated transfer of
care of the client to another home care provider, health care provider, or caregiver, as
required by the home care bill of rights, section 144A.44, subdivision 1, clause (17);

(5) the name and contact information of a person employed by the home care provider
with whom the client may discuss the notice of termination; and

(6) if applicable, a statement that the notice of termination of home care services does
not constitute notice of termination of the housing with services contract with a housing
with services establishment.

(b) When the home care provider voluntarily discontinues services to all clients, the
home care provider must notify the commissioner, lead agencies, and ombudsman for
long-term care about its clients and comply with the requirements in this subdivision.

Sec. 29.

Minnesota Statutes 2016, section 144A.53, subdivision 1, is amended to read:


Subdivision 1.

Powers.

The director may:

(a) Promulgate by rule, pursuant to chapter 14, and within the limits set forth in
subdivision 2, the methods by which complaints against health facilities, health care
providers, home care providers, deleted text beginor residential care homes,deleted text end or administrative agencies are
to be made, reviewed, investigated, and acted upon; provided, however, that a fee may not
be charged for filing a complaint.

(b) Recommend legislation and changes in rules to the state commissioner of health,
governor, administrative agencies or the federal government.

(c) Investigate, upon a complaint or upon initiative of the director, any action or failure
to act by a health care provider, home care provider, deleted text beginresidential care home,deleted text end or a health
facility.

(d) Request and receive access to relevant information, records, incident reports, or
documents in the possession of an administrative agency, a health care provider, a home
care provider, deleted text begina residential care home,deleted text end or a health facility, and issue investigative subpoenas
to individuals and facilities for oral information and written information, including privileged
information which the director deems necessary for the discharge of responsibilities. For
purposes of investigation and securing information to determine violations, the director
need not present a release, waiver, or consent of an individual. The identities of patients or
residents must be kept private as defined by section 13.02, subdivision 12.

(e) Enter and inspect, at any time, a health facility deleted text beginor residential care homedeleted text end and be
permitted to interview staff; provided that the director shall not unduly interfere with or
disturb the provision of care and services within the facility deleted text beginor homedeleted text end or the activities of a
patient or resident unless the patient or resident consents.

(f) Issue correction orders and assess civil fines deleted text beginpursuant to sectiondeleted text endnew text begin for violations of
sections 144.651,
new text end 144.653new text begin, 144A.10, 144A.44, 144A.45, and 626.557, Minnesota Rules,
chapters 4655, 4658, 4664, and 4665,
new text end or any other law deleted text beginwhichdeleted text endnew text begin thatnew text end provides for the issuance
of correction orders to health facilities or home care provider, or under section 144A.45.new text beginThe
director may use the authority in section 144A.474, subdivision 11, to calculate the fine
amount.
new text end A facility's or home's refusal to cooperate in providing lawfully requested
information new text beginwithin the requested time period new text endmay also be grounds for a correction ordernew text begin or
fine at a Level 2 fine pursuant to section 144A.474, subdivision 11
new text end.

(g) Recommend the certification or decertification of health facilities pursuant to Title
XVIII or XIX of the United States Social Security Act.

(h) Assist patients or residents of health facilities deleted text beginor residential care homesdeleted text end in the
enforcement of their rights under Minnesota law.

(i) Work with administrative agencies, health facilities, home care providers, residential
care homes, and health care providers and organizations representing consumers on programs
designed to provide information about health facilities to the public and to health facility
residents.

Sec. 30.

Minnesota Statutes 2016, section 144A.53, subdivision 4, is amended to read:


Subd. 4.

Referral of complaints.

new text begin(a) new text endIf a complaint received by the director relates to
a matter more properly within the jurisdiction of new text beginlaw enforcement, new text endan occupational licensing
boardnew text begin,new text end or other governmental agency, the director shall new text beginpromptly new text endforward the complaint deleted text beginto
that agency
deleted text endnew text begin appropriatelynew text end and shall inform the complaining party of the forwarding. deleted text beginThe
deleted text end

new text begin (b) An new text endagency shall promptly act in respect to the complaint, and shall inform the
complaining party and the director of its disposition. If a governmental agency receives a
complaint which is more properly within the jurisdiction of the director, it shall promptly
forward the complaint to the director, and shall inform the complaining party of the
forwarding.

new text begin (c) new text endIf the director has reason to believe that an official or employee of an administrative
agency, a home care provider, deleted text beginresidential care home, ordeleted text end health facilitynew text begin, or a client or resident
of any of these entities
new text end has acted in a manner warranting criminal or disciplinary proceedings,
the director shall refer the matter to the state commissioner of health, the commissioner of
human services, an appropriate prosecuting authority, or other appropriate agency.

Sec. 31.

Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Safety and quality improvement technical panel. new text end

new text begin The director shall establish
an expert technical panel to examine and make recommendations, on an ongoing basis, on
how to apply proven safety and quality improvement practices and infrastructure to settings
and providers that provide long-term services and supports. The technical panel must include
representation from nonprofit Minnesota-based organizations dedicated to patient safety or
innovation in health care safety and quality, Department of Health staff with expertise in
issues related to adverse health events, the University of Minnesota, organizations
representing long-term care providers and home care providers in Minnesota, national patient
safety experts, and other experts in the safety and quality improvement field. The technical
panel shall periodically provide recommendations to the legislature on legislative changes
needed to promote safety and quality improvement practices in long-term care settings and
with long-term care providers.
new text end

Sec. 32.

Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Training and operations panel. new text end

new text begin (a) The director shall establish a training and
operations panel within the Office of Health Facility Complaints to examine and make
recommendations, on an ongoing basis, on continual improvements to the operation of the
office. The training and operations panel shall be composed of office staff, including
investigators and intake and triage staff, one or more representatives of the commissioner's
office, and employees from any other divisions in the Department of Health with relevant
knowledge or expertise. The training and operations panel may also consult with employees
from other agencies in state government with relevant knowledge or expertise.
new text end

new text begin (b) The training and operations panel shall examine and make recommendations to the
director and the commissioner regarding introducing or refining office systems, procedures,
and staff training in order to improve office and staff efficiency; enhance communications
between the office, health care facilities, home care providers, and residents or clients; and
provide for appropriate, effective protection for vulnerable adults through rigorous
investigations and enforcement of laws. Panel duties include but are not limited to:
new text end

new text begin (1) developing the office's training processes to adequately prepare and support
investigators in performing their duties;
new text end

new text begin (2) developing clear, consistent internal policies for conducting investigations as required
by federal law, including policies to ensure staff meet the deadlines in state and federal laws
for triaging, investigating, and making final dispositions of cases involving maltreatment,
and procedures for notifying the vulnerable adult, reporter, and facility of any delays in
investigations; communicating these policies to staff in a clear, timely manner; and
developing procedures to evaluate and modify these internal policies on an ongoing basis;
new text end

new text begin (3) developing and refining quality control measures for the intake and triage processes,
through such practices as reviewing a random sample of the triage decisions made in case
reports or auditing a random sample of the case files to ensure the proper information is
being collected, the files are being properly maintained, and consistent triage and
investigations determinations are being made;
new text end

new text begin (4) developing and maintaining systems and procedures to accurately determine the
situations in which the office has jurisdiction over a maltreatment allegation;
new text end

new text begin (5) developing and maintaining audit procedures for investigations to ensure investigators
obtain and document information necessary to support decisions;
new text end

new text begin (6) developing and maintaining procedures to, following a maltreatment determination,
clearly communicate the appeal or review rights of all parties upon final disposition; and
new text end

new text begin (7) continuously upgrading the information on and utility of the office's Web site through
such steps as providing clear, detailed information about the appeal or review rights of
vulnerable adults, alleged perpetrators, and providers and facilities.
new text end

Sec. 33.

Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Posting maltreatment reports. new text end

new text begin (a) The director shall post on the Department
of Health Web site the following information for the past five years:
new text end

new text begin (1) the public portions of all substantiated reports of maltreatment of a vulnerable adult
at a facility or by a provider for which the Department of Health is the lead investigative
agency under section 626.557; and
new text end

new text begin (2) whether the facility or provider has requested reconsideration or initiated any type
of dispute resolution or appeal of a substantiated maltreatment report.
new text end

new text begin (b) Following a reconsideration, dispute resolution, or appeal, the director must update
the information posted under this subdivision to reflect the results of the reconsideration,
dispute resolution, or appeal.
new text end

new text begin (c) The information posted under this subdivision must be posted in coordination with
other divisions or sections at the Department of Health and in a manner that does not duplicate
information already published by the Department of Health, and must be posted in a format
that allows consumers to search the information by facility or provider name and by the
physical address of the facility or the local business address of the provider.
new text end

Sec. 34.

Minnesota Statutes 2016, section 144D.01, subdivision 1, is amended to read:


Subdivision 1.

Scope.

As used in deleted text beginsections 144D.01 to 144D.06deleted text endnew text begin this chapternew text end, the following
terms have the meanings given them.

Sec. 35.

Minnesota Statutes 2016, section 144D.02, is amended to read:


144D.02 REGISTRATION REQUIRED.

No entity may establish, operate, conduct, or maintain a housing with services
establishment in this state without registering and operating as required in deleted text beginsections 144D.01
to 144D.06
deleted text endnew text begin this chapternew text end.

Sec. 36.

Minnesota Statutes 2017 Supplement, section 144D.04, subdivision 2, is amended
to read:


Subd. 2.

Contents of contract.

A housing with services contract, which need not be
entitled as such to comply with this section, shall include at least the following elements in
itself or through supporting documents or attachments:

(1) the name, street address, and mailing address of the establishment;

(2) the name and mailing address of the owner or owners of the establishment and, if
the owner or owners is not a natural person, identification of the type of business entity of
the owner or owners;

(3) the name and mailing address of the managing agent, through management agreement
or lease agreement, of the establishment, if different from the owner or owners;

(4) the name and new text beginphysical mailing new text endaddress of at least one natural person who is authorized
to accept service of process on behalf of the owner or owners and managing agent;

(5) a statement describing the registration and licensure status of the establishment and
any provider providing health-related or supportive services under an arrangement with the
establishment;

(6) the term of the contract;

(7) a description of the services to be provided to the resident in the base rate to be paid
by the resident, including a delineation of the portion of the base rate that constitutes rent
and a delineation of charges for each service included in the base rate;

(8) a description of any additional services, including home care services, available for
an additional fee from the establishment directly or through arrangements with the
establishment, and a schedule of fees charged for these services;

(9) a conspicuous notice informing the tenant of the policy concerning the conditions
under which and the process through which the contract may be modified, amended, or
terminated, including whether a move to a different room or sharing a room would be
required in the event that the tenant can no longer pay the current rent;

(10) a description of the establishment's complaint resolution process available to residents
including the toll-free complaint line for the Office of Ombudsman for Long-Term Care;

(11) the resident's designated representative, if any;

(12) the establishment's referral procedures if the contract is terminated;

(13) requirements of residency used by the establishment to determine who may reside
or continue to reside in the housing with services establishment;

(14) billing and payment procedures and requirements;

(15) a statement regarding the ability of a resident to receive services from service
providers with whom the establishment does not have an arrangement;

(16) a statement regarding the availability of public funds for payment for residence or
services in the establishment; deleted text beginand
deleted text end

(17) a statement regarding the availability of and contact information for long-term care
consultation services under section 256B.0911 in the county in which the establishment is
locatednew text begin;
new text end

new text begin (18) a statement that a resident has the right to request a reasonable accommodation;
and
new text end

new text begin (19) a statement describing the conditions under which a contract may be amendednew text end.

Sec. 37.

Minnesota Statutes 2016, section 144D.04, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Changes to contract. new text end

new text begin The housing with services establishment must provide
prompt written notice to the resident or resident's legal representative of a new owner or
manager of the housing with services establishment, and the name and physical mailing
address of any new or additional natural person not identified in the admission contract who
is authorized to accept service of process.
new text end

Sec. 38.

new text begin [144D.041] DECEPTIVE MARKETING AND BUSINESS PRACTICES.
new text end

new text begin Housing with services establishments are subject to the same prohibitions against
deceptive practices as are health care facilities under section 144.6511.
new text end

Sec. 39.

new text begin [144D.044] INFORMATION REQUIRED TO BE POSTED.
new text end

new text begin A housing with services establishment must post conspicuously within the establishment,
in a location accessible to public view, the following information:
new text end

new text begin (1) the name, mailing address, and contact information of the current owner or owners
of the establishment and, if the owner or owners are not natural persons, identification of
the type of business entity of the owner or owners;
new text end

new text begin (2) the name, mailing address, and contact information of the managing agent, through
management agreement or lease agreement, of the establishment, if different from the owner
or owners, and the name and contact information of the on-site manager, if any; and
new text end

new text begin (3) the name and mailing address of at least one natural person who is authorized to
accept service of process on behalf of the owner or owners and managing agent.
new text end

Sec. 40.

Minnesota Statutes 2016, section 144D.09, is amended to read:


144D.09 TERMINATION OF LEASE.

new text begin Subdivision 1. new text end

new text begin Notice required. new text end

deleted text beginThedeleted text endnew text begin (a) Anew text end housing with services establishment deleted text beginshall
include with notice of termination of lease information about how to contact the ombudsman
for long-term care, including the address and telephone number along with a statement of
how to request problem-solving assistance.
deleted text endnew text beginthat terminates a resident's lease must provide
the resident with a notice that includes:
new text end

new text begin (1) a detailed explanation of the reason for the termination;
new text end

new text begin (2) the date termination will occur;
new text end

new text begin (3) the location to which the resident will relocate, if known;
new text end

new text begin (4) a statement that the resident may contact the Office of the Ombudsman for Long-Term
Care regarding the lease termination issues and the address and telephone number of the
Office of Ombudsman for Long-Term Care and the protection and advocacy agency;
new text end

new text begin (5) a statement that the resident has the right to request a meeting with the owner or
manager of the housing with services establishment to discuss the lease termination and
attempt to avoid termination of the lease; and
new text end

new text begin (6) a statement that the resident has the right to avoid termination of the lease for
nonpayment of rent by paying the rent in full within ten days of receiving written notice of
nonpayment.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of information to new residence. new text end

new text begin Prior to a resident's involuntary
relocation due to a termination of a lease, the housing with services establishment must
provide to the facility or establishment to which the resident is relocating all information
known to the establishment and related to the resident that is necessary to ensure continuity
of care and services, provided the resident consents to the transfer of information. At a
minimum, the information transferred must include:
new text end

new text begin (1) the resident's full name, date of birth, and insurance information;
new text end

new text begin (2) the name, telephone number, and address of the resident's representative, if any;
new text end

new text begin (3) the resident's current documented diagnoses;
new text end

new text begin (4) the resident's known allergies;
new text end

new text begin (5) the name and telephone number of the resident's physician, advanced practice
registered nurse, or physician assistant and their current medical orders, if known;
new text end

new text begin (6) all medication administration records;
new text end

new text begin (7) the most recent resident assessment; and
new text end

new text begin (8) copies of health care directives, "do not resuscitate" orders, and any guardianship
orders or powers of attorney.
new text end

Sec. 41.

new text begin [144D.095] TERMINATION OF SERVICES.
new text end

new text begin A termination of services initiated by an arranged home care provider is governed by
section 144A.442.
new text end

Sec. 42.

Minnesota Statutes 2016, section 144G.01, subdivision 1, is amended to read:


Subdivision 1.

Scope; other definitions.

For purposes of deleted text beginsections 144G.01 to 144G.05deleted text endnew text begin
this chapter
new text end, the following definitions apply. In addition, the definitions provided in section
144D.01 also apply to deleted text beginsections 144G.01 to 144G.05deleted text endnew text begin this chapternew text end.

Sec. 43.

new text begin [144G.07] TERMINATION OF LEASE.
new text end

new text begin A lease termination initiated by a registered housing with services establishment using
"assisted living" is governed by section 144D.09.
new text end

Sec. 44.

new text begin [144G.08] TERMINATION OF SERVICES.
new text end

new text begin A termination of services initiated by an arranged home care provider as defined in
section 144D.01, subdivision 2a, is governed by section 144A.442.
new text end

Sec. 45.

Minnesota Statutes 2016, section 325F.71, is amended to read:


325F.71 SENIOR CITIZENSnew text begin, VULNERABLE ADULTS,new text end AND deleted text beginDISABLEDdeleted text end
PERSONSnew text begin WITH DISABILITIESnew text end; ADDITIONAL CIVIL PENALTY FOR
DECEPTIVE ACTS.

Subdivision 1.

Definitions.

For the purposes of this section, the following words have
the meanings given them:

(a) "Senior citizen" means a person who is 62 years of age or older.

(b) "deleted text beginDisableddeleted text end Personnew text begin with a disabilitynew text end" means a person who has an impairment of physical
or mental function or emotional status that substantially limits one or more major life
activities.

(c) "Major life activities" means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

new text begin (d) "Vulnerable adult" has the meaning given in section 626.5572, subdivision 21, except
that vulnerable adult does not include an inpatient of a hospital licensed under sections
144.50 to 144.58.
new text end

Subd. 2.

Supplemental civil penalty.

(a) In addition to any liability for a civil penalty
pursuant to sections 325D.43 to 325D.48, regarding deceptive trade practices; 325F.67,
regarding false advertising; and 325F.68 to 325F.70, regarding consumer fraud; a person
who engages in any conduct prohibited by those statutes, and whose conduct is perpetrated
against one or more senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end personsnew text begin with a disabilitynew text end,
is liable for an additional civil penalty not to exceed $10,000 for each violation, if one or
more of the factors in paragraph (b) are present.

(b) In determining whether to impose a civil penalty pursuant to paragraph (a), and the
amount of the penalty, the court shall consider, in addition to other appropriate factors, the
extent to which one or more of the following factors are present:

(1) whether the defendant knew or should have known that the defendant's conduct was
directed to one or more senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end personsnew text begin with a
disability
new text end;

(2) whether the defendant's conduct caused new text beginone or more new text endsenior citizensnew text begin, vulnerable adults,new text end
or deleted text begindisableddeleted text end persons new text beginwith a disability new text endto suffer: loss or encumbrance of a primary residence,
principal employment, or source of income; substantial loss of property set aside for
retirement or for personal or family care and maintenance; substantial loss of payments
received under a pension or retirement plan or a government benefits program; or assets
essential to the health or welfare of the senior citizennew text begin, vulnerable adult,new text end or deleted text begindisableddeleted text end personnew text begin
with a disability
new text end;

(3) whether one or more senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end persons new text beginwith a
disability
new text endare more vulnerable to the defendant's conduct than other members of the public
because of age, poor health or infirmity, impaired understanding, restricted mobility, or
disability, and actually suffered physical, emotional, or economic damage resulting from
the defendant's conduct; or

(4) whether the defendant's conduct caused senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end
persons new text beginwith a disability new text endto make an uncompensated asset transfer that resulted in the person
being found ineligible for medical assistance.

Subd. 3.

Restitution to be given priority.

Restitution ordered pursuant to the statutes
listed in subdivision 2 shall be given priority over imposition of civil penalties designated
by the court under this section.

Subd. 4.

Private remedies.

A person injured by a violation of this section may bring a
civil action and recover damages, together with costs and disbursements, including costs
of investigation and reasonable attorney's fees, and receive other equitable relief as
determined by the court.

Sec. 46.

Minnesota Statutes 2016, section 609.2231, subdivision 8, is amended to read:


Subd. 8.

Vulnerable adults.

(a) As used in this subdivision, "vulnerable adult" has the
meaning given in section 609.232, subdivision 11.

(b) Whoever assaults deleted text beginand inflicts demonstrable bodily harm ondeleted text end a vulnerable adult,
knowing or having reason to know that the person is a vulnerable adult, is guilty of a gross
misdemeanor.

new text begin (c) A person who uses restraints on a vulnerable adult does not violate this subdivision
if (1) the person complies with applicable requirements in state and federal law regarding
the use of restraints; and (2) any force applied in imposing restraints is reasonable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 47.

Minnesota Statutes 2016, section 626.557, subdivision 3, is amended to read:


Subd. 3.

Timing of report.

(a) A mandated reporter who has reason to believe that a
vulnerable adult is being or has been maltreated, or who has knowledge that a vulnerable
adult has sustained a physical injury which is not reasonably explained shall deleted text beginimmediatelydeleted text end
report the information to the common entry pointnew text begin as soon as possible but in no event longer
than 24 hours
new text end. If an individual is a vulnerable adult solely because the individual is admitted
to a facility, a mandated reporter is not required to report suspected maltreatment of the
individual that occurred prior to admission, unless:

(1) the individual was admitted to the facility from another facility and the reporter has
reason to believe the vulnerable adult was maltreated in the previous facility; or

(2) the reporter knows or has reason to believe that the individual is a vulnerable adult
as defined in section 626.5572, subdivision 21, paragraph (a), clause (4).

(b) A person not required to report under the provisions of this section may voluntarily
report as described above.

(c) Nothing in this section requires a report of known or suspected maltreatment, if the
reporter knows or has reason to know that a report has been made to the common entry
point.

(d) Nothing in this section shall preclude a reporter from also reporting to a law
enforcement agency.

(e) A mandated reporter who knows or has reason to believe that an error under section
626.5572, subdivision 17, paragraph (c), clause (5), occurred must make a report under this
subdivision. If the reporter or a facility, at any time believes that an investigation by a lead
investigative agency will determine or should determine that the reported error was not
neglect according to the criteria under section 626.5572, subdivision 17, paragraph (c),
clause (5), the reporter or facility may provide to the common entry point or directly to the
lead investigative agency information explaining how the event meets the criteria under
section 626.5572, subdivision 17, paragraph (c), clause (5). The lead investigative agency
shall consider this information when making an initial disposition of the report under
subdivision 9c.

Sec. 48.

Minnesota Statutes 2016, section 626.557, subdivision 4, is amended to read:


Subd. 4.

Reporting.

(a) Except as provided in paragraph (b), a mandated reporter shall
immediately make an oral report to the common entry point. The common entry point may
accept electronic reports submitted through a Web-based reporting system established by
the commissioner. Use of a telecommunications device for the deaf or other similar device
shall be considered an oral report. The common entry point may not require written reports.
To the extent possible, the report must be of sufficient content to identify the vulnerable
adult, the caregiver, the nature and extent of the suspected maltreatment, any evidence of
previous maltreatment, the name and address of the reporter, the time, date, and location of
the incident, and any other information that the reporter believes might be helpful in
investigating the suspected maltreatment. new text beginThe common entry point must provide a way to
record that the reporter has electronic evidence to submit.
new text endA mandated reporter may disclose
not public data, as defined in section 13.02, and medical records under sections 144.291 to
144.298, to the extent necessary to comply with this subdivision.

(b) A boarding care home that is licensed under sections 144.50 to 144.58 and certified
under Title 19 of the Social Security Act, a nursing home that is licensed under section
144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a hospital
that is licensed under sections 144.50 to 144.58 and has swing beds certified under Code
of Federal Regulations, title 42, section 482.66, may submit a report electronically to the
common entry point instead of submitting an oral report. deleted text beginThe report may be a duplicate of
the initial report the facility submits electronically to the commissioner of health to comply
with the reporting requirements under Code of Federal Regulations, title 42, section 483.13.
deleted text end
The commissioner of health may modify these reporting requirements to include items
required under paragraph (a) that are not currently included in the electronic reporting form.

new text begin (c) All reports must be directed to the common entry point, including reports from
federally licensed facilities.
new text end

Sec. 49.

Minnesota Statutes 2016, section 626.557, subdivision 9a, is amended to read:


Subd. 9a.

Evaluation and referral of reports made to common entry point.

(a) The
common entry point must screen the reports of alleged or suspected maltreatment for
immediate risk and make all necessary referrals as follows:

(1) if the common entry point determines that there is an immediate need for emergency
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;

(2) new text beginif the common entry point determines an immediate need exists for response by law
enforcement or
new text endif the report contains suspected criminal activity against a vulnerable adult,
the common entry point shall immediately notify the appropriate law enforcement agency;

(3) the common entry point shall refer all reports of alleged or suspected maltreatment
to the appropriate lead investigative agency as soon as possible, but in any event no longer
than two working days;

(4) if the report contains information about a suspicious death, the common entry point
shall immediately notify the appropriate law enforcement agencies, the local medical
examiner, and the ombudsman for mental health and developmental disabilities established
under section 245.92. Law enforcement agencies shall coordinate with the local medical
examiner and the ombudsman as provided by law; and

(5) for reports involving multiple locations or changing circumstances, the common
entry point shall determine the county agency responsible for emergency adult protective
services and the county responsible as the lead investigative agency, using referral guidelines
established by the commissioner.

(b) If the lead investigative agency receiving a report believes the report was referred
by the common entry point in error, the lead investigative agency shall immediately notify
the common entry point of the error, including the basis for the lead investigative agency's
belief that the referral was made in error. The common entry point shall review the
information submitted by the lead investigative agency and immediately refer the report to
the appropriate lead investigative agency.

Sec. 50.

Minnesota Statutes 2016, section 626.557, subdivision 9b, is amended to read:


Subd. 9b.

Response to reports.

Law enforcement is the primary agency to conduct
investigations of any incident in which there is reason to believe a crime has been committed.
Law enforcement shall initiate a response immediately. If the common entry point notified
a county agency for emergency adult protective services, law enforcement shall cooperate
with that county agency when both agencies are involved and shall exchange data to the
extent authorized in subdivision 12b, paragraph deleted text begin(g)deleted text endnew text begin (k)new text end. County adult protection shall initiate
a response immediately. Each lead investigative agency shall complete the investigative
process for reports within its jurisdiction. A lead investigative agency, county, adult protective
agency, licensed facility, or law enforcement agency shall cooperate with other agencies in
the provision of protective services, coordinating its investigations, and assisting another
agency within the limits of its resources and expertise and shall exchange data to the extent
authorized in subdivision 12b, paragraph deleted text begin(g)deleted text endnew text begin (k)new text end. The lead investigative agency shall obtain
the results of any investigation conducted by law enforcement officialsnew text begin, and law enforcement
shall obtain the results of any investigation conducted by the lead investigative agency to
determine if criminal action is warranted
new text end. The lead investigative agency has the right to
enter facilities and inspect and copy records as part of investigations. The lead investigative
agency has access to not public data, as defined in section 13.02, and medical records under
sections 144.291 to 144.298, that are maintained by facilities to the extent necessary to
conduct its investigation. Each lead investigative agency shall develop guidelines for
prioritizing reports for investigation.new text begin Nothing in this subdivision alters the duty of the lead
investigative agency to serve as the agency responsible for investigating reports made under
this section.
new text end

Sec. 51.

Minnesota Statutes 2016, section 626.557, subdivision 9c, is amended to read:


Subd. 9c.

Lead investigative agency; notifications, dispositions, determinations.

(a)
deleted text begin Upon request of the reporter,deleted text end The lead investigative agency shall notify the reporter that it
has received the report, and provide information on the initial disposition of the report within
five business days of receipt of the report, provided that the notification will not endanger
the vulnerable adult or hamper the investigation.

(b) new text beginExcept to the extent prohibited by federal law, when the Department of Health is the
lead investigative agency, the agency must provide the following information to the
vulnerable adult or the vulnerable adult's guardian or health care agent, if known, within
five days after the initiation of an investigation, provided that the provision of the information
will not hamper the investigation or harm the vulnerable adult:
new text end

new text begin (1) the maltreatment allegations by types: abuse, neglect, financial exploitation, and
drug diversion;
new text end

new text begin (2) the name of the facility or other location at which alleged maltreatment occurred;
new text end

new text begin (3) the dates of the alleged maltreatment if identified in the report at the time of the lead
investigative agency disclosure;
new text end

new text begin (4) the name and contact information for the investigator or other information as requested
and allowed under law; and
new text end

new text begin (5) confirmation of whether the lead investigative agency is investigating the matter
and, if so:
new text end

new text begin (i) an explanation of the process;
new text end

new text begin (ii) an estimated timeline for the investigation;
new text end

new text begin (iii) a notification that the vulnerable adult or the vulnerable adult's guardian or health
care agent may electronically submit evidence to support the maltreatment report, including
but not limited to photographs, videos, and documents; and
new text end

new text begin (iv) a statement that the lead investigative agency will provide an update on the
investigation upon request by the vulnerable adult or the vulnerable adult's guardian or
health care agent and a report when the investigation is concluded.
new text end

new text begin (c) If the Department of Health is the lead investigative agency, the Department of Health
shall provide maltreatment information, to the extent allowed under state and federal law,
including any reports, upon request of the vulnerable adult that is the subject of a
maltreatment report or upon request of that vulnerable adult's guardian or health care agent.
new text end

new text begin (d) If the common entry point data indicates that the reporter has electronic evidence,
the lead investigative agency shall seek to receive such evidence prior to making a
determination that the lead investigative agency will not investigate the matter. Nothing in
this provision requires the lead investigative agency to stop investigating prior to receipt of
the electronic evidence nor prevents the lead investigative agency from closing the
investigation prior to receipt of the electronic evidence if, in the opinion of the investigator,
the evidence is not necessary to the determination.
new text end

new text begin (e) The lead investigative agency may assign multiple reports of maltreatment for the
same or separate incidences related to the same vulnerable adult to the same investigator,
as deemed appropriate.
new text end

new text begin (f) Reports related to the same vulnerable adult, the same incident, or the same alleged
perpetrator, facility, or licensee must be cross-referenced.
new text end

new text begin (g) new text endUpon conclusion of every investigation it conducts, the lead investigative agency
shall make a final disposition as defined in section 626.5572, subdivision 8.

deleted text begin (c)deleted text endnew text begin (h)new text end When determining whether the facility or individual is the responsible party for
substantiated maltreatment or whether both the facility and the individual are responsible
for substantiated maltreatment, the lead investigative agency shall consider at least the
following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were in accordance
with, and followed the terms of, an erroneous physician order, prescription, resident care
plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible
for the issuance of the erroneous order, prescription, plan, or directive or knows or should
have known of the errors and took no reasonable measures to correct the defect before
administering care;

(2) the comparative responsibility between the facility, other caregivers, and requirements
placed upon the employee, including but not limited to, the facility's compliance with related
regulatory standards and factors such as the adequacy of facility policies and procedures,
the adequacy of facility training, the adequacy of an individual's participation in the training,
the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a
consideration of the scope of the individual employee's authority; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

deleted text begin (d)deleted text endnew text begin (i)new text end When substantiated maltreatment is determined to have been committed by an
individual who is also the facility license holder, both the individual and the facility must
be determined responsible for the maltreatment, and both the background study
disqualification standards under section 245C.15, subdivision 4, and the licensing actions
under section 245A.06 or 245A.07 apply.

deleted text begin (e)deleted text endnew text begin (j)new text end The lead investigative agency shall complete its final disposition within 60 calendar
days. If the lead investigative agency is unable to complete its final disposition within 60
calendar days, the lead investigative agency shall notify the following persons provided
that the notification will not endanger the vulnerable adult or hamper the investigation: (1)
the vulnerable adult or the vulnerable adult's guardian or health care agent, when known,
if the lead investigative agency knows them to be aware of the investigation; and (2) the
facility, where applicable. The notice shall contain the reason for the delay and the projected
completion date. If the lead investigative agency is unable to complete its final disposition
by a subsequent projected completion date, the lead investigative agency shall again notify
the vulnerable adult or the vulnerable adult's guardian or health care agent, when known if
the lead investigative agency knows them to be aware of the investigation, and the facility,
where applicable, of the reason for the delay and the revised projected completion date
provided that the notification will not endanger the vulnerable adult or hamper the
investigation. The lead investigative agency must notify the health care agent of the
vulnerable adult only if the health care agent's authority to make health care decisions for
the vulnerable adult is currently effective deleted text beginunder section 145C.06deleted text end and not suspended under
section 524.5-310 deleted text beginand the investigation relates to a duty assigned to the health care agent
by the principal
deleted text end. A lead investigative agency's inability to complete the final disposition
within 60 calendar days or by any projected completion date does not invalidate the final
disposition.

deleted text begin (f)deleted text endnew text begin (k)new text end Within ten calendar days of completing the final disposition, the lead investigative
agency shall provide a copy of the public investigation memorandum under subdivision
12b, paragraph deleted text begin(b), clause (1)deleted text endnew text begin (d)new text end, when required to be completed under this section, to the
following persons:

(1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known,
unless the lead investigative agency knows that the notification would endanger the
well-being of the vulnerable adult;

(2) the reporter, deleted text beginifdeleted text end new text beginunless new text endthe reporter requested deleted text beginnotificationdeleted text end new text beginotherwise new text endwhen making the
report, provided this notification would not endanger the well-being of the vulnerable adult;

(3) the alleged perpetrator, if known;

(4) the facility; deleted text beginand
deleted text end

(5) the ombudsman for long-term care, or the ombudsman for mental health and
developmental disabilities, as appropriatenew text begin;
new text end

new text begin (6) law enforcement; and
new text end

new text begin (7) the county attorney, as appropriatenew text end.

deleted text begin (g)deleted text endnew text begin (l)new text end If, as a result of a reconsideration, review, or hearing, the lead investigative agency
changes the final disposition, or if a final disposition is changed on appeal, the lead
investigative agency shall notify the parties specified in paragraph deleted text begin(f)deleted text endnew text begin (h)new text end.

deleted text begin (h)deleted text endnew text begin (m)new text end The lead investigative agency shall notify the vulnerable adult who is the subject
of the report or the vulnerable adult's guardian or health care agent, if known, and any person
or facility determined to have maltreated a vulnerable adult, of their appeal or review rights
under this section or section 256.021.

deleted text begin (i)deleted text endnew text begin (n)new text end The lead investigative agency shall routinely provide investigation memoranda
for substantiated reports to the appropriate licensing boards. These reports must include the
names of substantiated perpetrators. The lead investigative agency may not provide
investigative memoranda for inconclusive or false reports to the appropriate licensing boards
unless the lead investigative agency's investigation gives reason to believe that there may
have been a violation of the applicable professional practice laws. If the investigation
memorandum is provided to a licensing board, the subject of the investigation memorandum
shall be notified and receive a summary of the investigative findings.

deleted text begin (j)deleted text endnew text begin (o)new text end In order to avoid duplication, licensing boards shall consider the findings of the
lead investigative agency in their investigations if they choose to investigate. This does not
preclude licensing boards from considering other information.

deleted text begin (k)deleted text endnew text begin (p)new text end The lead investigative agency must provide to the commissioner of human services
its final dispositions, including the names of all substantiated perpetrators. The commissioner
of human services shall establish records to retain the names of substantiated perpetrators.

Sec. 52.

Minnesota Statutes 2016, section 626.557, subdivision 12b, is amended to read:


Subd. 12b.

Data management.

(a) In performing any of the duties of this section as a
lead investigative agency, the county social service agency shall maintain appropriate
records. Data collected by the county social service agency under this section are welfare
data under section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data
under this paragraph that are inactive investigative data on an individual who is a vendor
of services are private data on individuals, as defined in section 13.02. The identity of the
reporter may only be disclosed as provided in paragraph deleted text begin(c)deleted text endnew text begin (g)new text end.

new text begin (b) new text endData maintained by the common entry point are deleted text beginconfidentialdeleted text endnew text begin privatenew text end data on
individuals or deleted text beginprotecteddeleted text end nonpublic data as defined in section 13.02new text begin, provided that the name
of the reporter is confidential data on individuals
new text end. Notwithstanding section 138.163, the
common entry point shall maintain data for three calendar years after date of receipt and
then destroy the data unless otherwise directed by federal requirements.

deleted text begin (b)deleted text endnew text begin (c)new text end The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section. County
social service agencies must maintain private data on individuals but are not required to
prepare an investigation memorandum. During an investigation by the commissioner of
health or the commissioner of human services, data collected under this section are
confidential data on individuals or protected nonpublic data as defined in section 13.02new text begin,
provided that data, other than data on the reporter, may be shared with the vulnerable adult
or guardian or health care agent if the lead investigative agency determines that sharing of
the data is needed to protect the vulnerable adult
new text end. Upon completion of the investigation, the
data are classified as provided in deleted text beginclauses (1) to (3) and paragraph (c)deleted text endnew text begin paragraphs (d) to (g)new text end.

deleted text begin (1)deleted text end new text begin(d) new text endThe investigation memorandum must contain the following data, which are public:

deleted text begin (i)deleted text endnew text begin (1)new text end the name of the facility investigated;

deleted text begin (ii)deleted text endnew text begin (2)new text end a statement of the nature of the alleged maltreatment;

deleted text begin (iii)deleted text endnew text begin (3)new text end pertinent information obtained from medical or other records reviewed;

deleted text begin (iv)deleted text endnew text begin (4)new text end the identity of the investigator;

deleted text begin (v)deleted text endnew text begin (5)new text end a summary of the investigation's findings;

deleted text begin (vi)deleted text endnew text begin (6)new text end statement of whether the report was found to be substantiated, inconclusive,
false, or that no determination will be made;

deleted text begin (vii)deleted text endnew text begin (7)new text end a statement of any action taken by the facility;

deleted text begin (viii)deleted text endnew text begin (8)new text end a statement of any action taken by the lead investigative agency; and

deleted text begin (ix)deleted text endnew text begin (9)new text end when a lead investigative agency's determination has substantiated maltreatment,
a statement of whether an individual, individuals, or a facility were responsible for the
substantiated maltreatment, if known.

The investigation memorandum must be written in a manner which protects the identity
of the reporter and of the vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data new text beginon individuals new text endlisted in deleted text beginclause (2)deleted text endnew text begin paragraph
(e)
new text end.

deleted text begin (2)deleted text endnew text begin (e)new text end Data on individuals collected and maintained in the investigation memorandum
are private datanew text begin on individualsnew text end, including:

deleted text begin (i)deleted text endnew text begin (1)new text end the name of the vulnerable adult;

deleted text begin (ii)deleted text endnew text begin (2)new text end the identity of the individual alleged to be the perpetrator;

deleted text begin (iii)deleted text end new text begin(3) new text endthe identity of the individual substantiated as the perpetrator; and

deleted text begin (iv)deleted text endnew text begin (4)new text end the identity of all individuals interviewed as part of the investigation.

deleted text begin (3)deleted text endnew text begin (f)new text end Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.

deleted text begin (c)deleted text end new text begin(g) new text endAfter the assessment or investigation is completed, the name of the reporter must
be confidentialdeleted text begin.deleted text endnew text begin, except:
new text end

new text begin (1) new text endthe subject of the report may compel disclosure of the name of the reporter only with
the consent of the reporternew text begin;new text end or

new text begin (2) new text endupon a written finding by a court that the report was false and there is evidence that
the report was made in bad faith.

This subdivision does not alter disclosure responsibilities or obligations under the Rules
of Criminal Procedure, except that where the identity of the reporter is relevant to a criminal
prosecution, the district court shall do an in-camera review prior to determining whether to
order disclosure of the identity of the reporter.

deleted text begin (d)deleted text endnew text begin (h)new text end Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services must be maintained under the following
schedule and then destroyed unless otherwise directed by federal requirements:

(1) data from reports determined to be false, maintained for three years after the finding
was made;

(2) data from reports determined to be inconclusive, maintained for four years after the
finding was made;

(3) data from reports determined to be substantiated, maintained for seven years after
the finding was made; and

(4) data from reports which were not investigated by a lead investigative agency and for
which there is no final disposition, maintained for three years from the date of the report.

deleted text begin (e)deleted text endnew text begin (i)new text end The commissioners of health and human services shall annually publish on their
Web sites the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigation under this section,
and the resolution of those investigations. On a biennial basis, the commissioners of health
and human services shall jointly report the following information to the legislature and the
governor:

(1) the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigations under this section,
the resolution of those investigations, and which of the two lead agencies was responsible;

(2) trends about types of substantiated maltreatment found in the reporting period;

(3) deleted text beginif there are upward trends for types of maltreatment substantiated,deleted text end recommendations
fornew text begin preventing,new text end addressingnew text begin,new text end and responding to deleted text beginthemdeleted text endnew text begin substantiated maltreatmentnew text end;

(4) efforts undertaken or recommended to improve the protection of vulnerable adults;

(5) whether and where backlogs of cases result in a failure to conform with statutory
time frames and recommendations for reducing backlogs if applicable;

(6) recommended changes to statutes affecting the protection of vulnerable adults; and

(7) any other information that is relevant to the report trends and findings.

deleted text begin (f)deleted text endnew text begin (j)new text end Each lead investigative agency must have a record retention policy.

deleted text begin (g)deleted text endnew text begin (k)new text end Lead investigative agencies, prosecuting authorities, and law enforcement agencies
may exchange not public data, as defined in section 13.02, if the agency or authority
requesting the data determines that the data are pertinent and necessary to the requesting
agency in initiating, furthering, or completing an investigation under this section. Data
collected under this section must be made available to prosecuting authorities and law
enforcement officials, local county agencies, and licensing agencies investigating the alleged
maltreatment under this section. The lead investigative agency shall exchange not public
data with the vulnerable adult maltreatment review panel established in section 256.021 if
the data are pertinent and necessary for a review requested under that section.
Notwithstanding section 138.17, upon completion of the review, not public data received
by the review panel must be destroyed.

deleted text begin (h)deleted text endnew text begin (l)new text end Each lead investigative agency shall keep records of the length of time it takes to
complete its investigations.

deleted text begin (i)deleted text endnew text begin (m) Notwithstanding paragraph (a) or (b),new text end a lead investigative agency may new text beginshare
common entry point or investigative data and may
new text endnotify other affected partiesnew text begin, including
the vulnerable adult
new text end and their authorized representativenew text begin,new text end if the lead investigative agency has
reason to believe maltreatment has occurred and determines the information will safeguard
the well-being of the affected parties or dispel widespread rumor or unrest in the affected
facility.

deleted text begin (j)deleted text endnew text begin (n)new text end Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead investigative agency may
not provide any notice unless the vulnerable adult has consented to disclosure in a manner
which conforms to federal requirements.

Sec. 53.

Minnesota Statutes 2016, section 626.557, subdivision 14, is amended to read:


Subd. 14.

Abuse prevention plans.

(a) Each facility, except home health agencies and
personal care deleted text beginattendant services providersdeleted text endnew text begin assistance provider agenciesnew text end, shall establish and
enforce an ongoing written abuse prevention plan. The plan shall contain an assessment of
the physical plant, its environment, and its population identifying factors which may
encourage or permit abuse, and a statement of specific measures to be taken to minimize
the risk of abuse. The plan shall comply with any rules governing the plan promulgated by
the licensing agency.

(b) Each facility, including a home health care agency and personal care attendant
services providers, shall develop an individual abuse prevention plan for each vulnerable
adult residing there or receiving services from them. The plan shall contain an individualized
assessment of: (1) the person's susceptibility to abuse by other individuals, including other
vulnerable adults; (2) the person's risk of abusing other vulnerable adults; and (3) statements
of the specific measures to be taken to minimize the risk of abuse to that person and other
vulnerable adults. For the purposes of this paragraph, the term "abuse" includes self-abuse.

(c) If the facility, except home health agencies and personal care attendant services
providers, knows that the vulnerable adult has committed a violent crime or an act of physical
aggression toward others, the individual abuse prevention plan must detail the measures to
be taken to minimize the risk that the vulnerable adult might reasonably be expected to pose
to visitors to the facility and persons outside the facility, if unsupervised. Under this section,
a facility knows of a vulnerable adult's history of criminal misconduct or physical aggression
if it receives such information from a law enforcement authority or through a medical record
prepared by another facility, another health care provider, or the facility's ongoing
assessments of the vulnerable adult.

new text begin (d) The commissioner of health must issue a correction order and may impose an
immediate fine in an amount equal to the amount listed in Minnesota Rules, part 4658.0193,
item E, upon a finding that the facility has failed to comply with this subdivision.
new text end

Sec. 54.

Minnesota Statutes 2016, section 626.557, subdivision 17, is amended to read:


Subd. 17.

Retaliation prohibited.

(a) A facility or person shall not retaliate against any
person who reports in good faith suspected maltreatment pursuant to this section, or against
a vulnerable adult with respect to whom a report is made, because of the report.

(b) In addition to any remedies allowed under sections 181.931 to 181.935, any facility
or person which retaliates against any person because of a report of suspected maltreatment
is liable to that person for actual damages, punitive damages up to $10,000, and attorney
fees.

(c) There shall be a rebuttable presumption that any adverse action, as defined below,
within 90 days of a report, is retaliatory. For purposes of this deleted text beginclausedeleted text endnew text begin paragraphnew text end, the term
"adverse action" refers to action taken by a facility or person involved in a report against
the person making the report or the person with respect to whom the report was made because
of the report, and includes, but is not limited to:

(1) discharge or transfer from the facility;

(2) discharge from or termination of employment;

(3) demotion or reduction in remuneration for services;

(4) restriction or prohibition of access to the facility or its residents; or

(5) any restriction of rights set forth in section 144.651new text begin, 144A.44, or 144A.441new text end.

Sec. 55. new text beginASSISTED LIVING LICENSURE AND DEMENTIA CARE TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin (a) The Assisted Living Licensure and Dementia Care Task
Force consists of 15 members, including the following:
new text end

new text begin (1) one senator appointed by the majority leader;
new text end

new text begin (2) one senator appointed by the minority leader;
new text end

new text begin (3) one member of the house of representatives appointed by the speaker of the house;
new text end

new text begin (4) one member of the house of representatives appointed by the minority leader;
new text end

new text begin (5) the ombudsman for long-term care or a designee;
new text end

new text begin (6) the ombudsman for mental health and developmental disabilities or a designee;
new text end

new text begin (7) one member appointed by ARRM;
new text end

new text begin (8) one member appointed by AARP Minnesota;
new text end

new text begin (9) one member appointed by the Alzheimer's Association Minnesota-North Dakota
Chapter;
new text end

new text begin (10) one member appointed by Elder Voice Family Advocates;
new text end

new text begin (11) one member appointed by Minnesota Elder Justice Center;
new text end

new text begin (12) one member appointed by Care Providers of Minnesota;
new text end

new text begin (13) one member appointed by LeadingAge Minnesota;
new text end

new text begin (14) one member appointed by Minnesota HomeCare Association; and
new text end

new text begin (15) one member appointed by the Minnesota Council on Disability.
new text end

new text begin (b) The appointing authorities must appoint members by July 1, 2018.
new text end

new text begin (c) The ombudsman for long-term care or a designee shall act as chair of the task force
and convene the first meeting no later than August 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Duties; recommendations. new text end

new text begin (a) The assisted living and dementia care licensing
task force shall consider and make recommendations on a new regulatory framework for
assisted living establishments and dementia care. In developing the licensing framework,
the task force must address at least the following:
new text end

new text begin (1) the appropriate level of regulation, including licensure, registration, or certification;
new text end

new text begin (2) coordination of care;
new text end

new text begin (3) the scope of care to be provided and limits on acuity levels of residents;
new text end

new text begin (4) consumer rights;
new text end

new text begin (5) building design and physical environment;
new text end

new text begin (6) dietary services;
new text end

new text begin (7) support services;
new text end

new text begin (8) transition planning;
new text end

new text begin (9) the installation and use of electronic monitoring in settings in which assisted living
or dementia care services are provided;
new text end

new text begin (10) staff training and qualifications;
new text end

new text begin (11) options for the engagement of seniors and their families;
new text end

new text begin (12) notices and financial requirements;
new text end

new text begin (13) compliance with federal Medicaid waiver requirements for home and
community-based services settings;
new text end

new text begin (14) policies for providing advance notice to patients and residents of changes in services
or charges unrelated to changes in patient or resident service or care needs;
new text end

new text begin (15) survey frequency for home care providers;
new text end

new text begin (16) terminations of services and lease terminations;
new text end

new text begin (17) appeals of terminations of services and leases; and
new text end

new text begin (18) relocations within a housing with services establishment or assisted living setting.
new text end

new text begin (b) The task force shall also:
new text end

new text begin (1) develop standards in the following areas that nursing homes, boarding care homes,
and housing with services establishments offering care for clients diagnosed with Alzheimer's
disease or other dementias must meet in order to obtain dementia care certification, including
staffing, egress control, access to secured outdoor spaces, specialized therapeutic activities,
and specialized life enrichment programming;
new text end

new text begin (2) develop requirements for disclosing dementia care certification standards to
consumers; and
new text end

new text begin (3) develop mechanisms for enforcing dementia care certification standards.
new text end

new text begin (c) Facilities and providers licensed by the commissioner of human services shall be
exempt from licensing requirements for assisted living recommended under this section.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of health or a designee shall convene the first
meeting of the task force no later than August 1, 2018. The members of the task force shall
elect a chair from among the task force's members at the first meeting, and the commissioner
of health or a designee shall serve as the task force's chair until a chair is elected. Meetings
of the task force shall be open to the public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the task force appointed under subdivision 1,
paragraph (b), shall serve without compensation or reimbursement for expenses.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of health shall provide
administrative support for the task force and arrange meeting space.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By February 1, 2019, the task force must submit an interim report with
findings, recommendations, and draft legislation to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance. By January 15, 2020, the task force must submit a final report with findings,
recommendations, and draft legislation to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy and finance.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires January 16, 2020, or the day after the task
force submits the final report required under subdivision 6, whichever is later.
new text end

Sec. 56. new text beginASSISTED LIVING REPORT CARD WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) An assisted living report card working
group, tasked with researching and making recommendations on the development of an
assisted living report card, is established.
new text end

new text begin (b) The commissioner of human services shall appoint the following members of the
working group:
new text end

new text begin (1) two persons who reside in senior housing with services establishments, one residing
in an establishment in the seven-county metropolitan area and one residing in an
establishment outside the seven-county metropolitan area;
new text end

new text begin (2) four representatives of the senior housing with services profession, two providing
services in the seven-county metropolitan area and two providing services outside the
seven-county metropolitan area;
new text end

new text begin (3) one family member of a person who resides in a senior housing with services
establishment in the seven-county metropolitan area, and one family member of a person
who resides in a senior housing with services establishment outside the seven-county
metropolitan area;
new text end

new text begin (4) a representative from the Home Care and Assisted Living Program Advisory Council;
new text end

new text begin (5) a representative from the University of Minnesota with expertise in data and analytics;
new text end

new text begin (6) a representative from Care Providers of Minnesota; and
new text end

new text begin (7) a representative from LeadingAge Minnesota.
new text end

new text begin (c) The following individuals shall also be appointed to the working group:
new text end

new text begin (1) the commissioner of human services or a designee;
new text end

new text begin (2) the commissioner of health or a designee;
new text end

new text begin (3) the ombudsman for long-term care or a designee;
new text end

new text begin (4) one member of the Minnesota Board on Aging, appointed by the board; and
new text end

new text begin (5) the executive director of the Minnesota Board on Aging who shall serve on the
working group as a nonvoting member.
new text end

new text begin (d) The appointing authorities under this subdivision must complete the appointments
no later than July 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The assisted living report card working group shall consider and make
recommendations on the development of an assisted living report card. The quality metrics
considered shall include, but are not limited to:
new text end

new text begin (1) an annual customer satisfaction survey measure using the CoreQ questions for
assisted-living residents and family members;
new text end

new text begin (2) a measure utilizing level 3 or 4 citations from Department of Health home care survey
findings and substantiated Office of Health Facility Complaints findings against a home
care provider;
new text end

new text begin (3) a home care staff retention measure; and
new text end

new text begin (4) a measure that scores a provider's staff according to their level of training and
education.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of human services or a designee shall convene
the first meeting of the working group no later than August 1, 2018. The members of the
working group shall elect a chair from among the group's members at the first meeting, and
the commissioner of human services or a designee shall serve as the working group's chair
until a chair is elected. Meetings of the working group shall be open to the public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the working group shall serve without compensation
or reimbursement for expenses.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of human services shall provide
administrative support and arrange meeting space for the working group.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 15, 2019, the working group must submit a report with
findings, recommendations, and draft legislation to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The working group expires January 16, 2019, or the day after the
working group submits the report required in subdivision 6, whichever is later.
new text end

Sec. 57. new text beginCRIMES AGAINST VULNERABLE ADULTS ADVISORY TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Task force established; membership. new text end

new text begin (a) The Crimes Against Vulnerable
Adults Advisory Task Force is established and consists of the following members:
new text end

new text begin (1) the commissioner of public safety or a designee;
new text end

new text begin (2) the commissioner of human services or a designee;
new text end

new text begin (3) the commissioner of health or a designee;
new text end

new text begin (4) the attorney general or a designee;
new text end

new text begin (5) a representative from the Minnesota Bar Association;
new text end

new text begin (6) a representative from the Minnesota judicial branch;
new text end

new text begin (7) one member appointed by the Minnesota County Attorneys Association;
new text end

new text begin (8) one member appointed by the Minnesota Association of City Attorneys;
new text end

new text begin (9) one member appointed by the Minnesota Elder Justice Center;
new text end

new text begin (10) one member appointed by the Minnesota Home Care Association;
new text end

new text begin (11) one member appointed by Care Providers of Minnesota;
new text end

new text begin (12) one member appointed by LeadingAge Minnesota;
new text end

new text begin (13) one member appointed by ARC Minnesota;
new text end

new text begin (14) one member appointed by AARP Minnesota; and
new text end

new text begin (15) one representative from a union that represents persons working in long-term care
settings.
new text end

new text begin (b) The advisory task force may appoint additional members that it deems would be
helpful in carrying out its duties under subdivision 2.
new text end

new text begin (c) The appointing authorities must complete the appointments listed in paragraph (a)
by July 1, 2018.
new text end

new text begin (d) At its first meeting, the task force shall elect a chair from among the members listed
in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Duties; recommendations and report. new text end

new text begin (a) The advisory task force's duties
are to review and evaluate laws relating to crimes against vulnerable adults, and any other
information the task force deems relevant.
new text end

new text begin (b) By December 1, 2018, the advisory task force shall submit a report to the chairs and
ranking minority members of the legislative committees with primary jurisdiction over
health and human services and criminal policy. The report must contain the task force's
findings and recommendations, including a discussion of the benefits and problems associated
with proposed changes. The report must include draft legislation to implement any
recommended changes to statute.
new text end

new text begin Subd. 3. new text end

new text begin Administrative provisions. new text end

new text begin (a) The commissioner of human services shall
provide meeting space and administrative support to the advisory task force.
new text end

new text begin (b) The commissioners of human services and health and the attorney general shall
provide technical assistance to the advisory task force.
new text end

new text begin (c) Advisory task force members shall serve without compensation and shall not be
reimbursed for expenses.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin The advisory task force expires May 20, 2019.
new text end

Sec. 58. new text beginDIRECTION TO COMMISSIONER OF HEALTH; PROGRESS IN
IMPLEMENTING RECOMMENDATIONS OF LEGISLATIVE AUDITOR.
new text end

new text begin By March 1, 2019, the commissioner of health must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over health, human
services, or aging on the progress toward implementing each recommendation of the Office
of the Legislative Auditor with which the commissioner agreed in the commissioner's letter
to the legislative auditor dated March 1, 2018. The commissioner shall include in the report
existing data collected in the course of the commissioner's continuing oversight of the Office
of Health Facility Complaints sufficient to demonstrate the implementation of the
recommendations with which the commissioner agreed.
new text end

Sec. 59. new text beginREPORTS; OFFICE OF HEALTH FACILITY COMPLAINTS' RESPONSE
TO VULNERABLE ADULT MALTREATMENT ALLEGATIONS.
new text end

new text begin (a) On a quarterly basis until January 2021, and annually thereafter, the commissioner
of health must publish on the Department of Health Web site, a report on the Office of
Health Facility Complaints' response to allegations of maltreatment of vulnerable adults.
The report must include:
new text end

new text begin (1) a description and assessment of the office's efforts to improve its internal processes
and compliance with federal and state requirements concerning allegations of maltreatment
of vulnerable adults, including any relevant timelines;
new text end

new text begin (2)(i) the number of reports received by type of reporter; (ii) the number of reports
investigated; (iii) the percentage and number of reported cases awaiting triage; (iv) the
number and percentage of open investigations; (v) the number and percentage of reports
that have failed to meet state or federal timelines for triaging, investigating, or making a
final disposition of an investigation by cause of delay; and (vi) processes the office will
implement to bring the office into compliance with state and federal timelines for triaging,
investigating, and making final dispositions of investigations;
new text end

new text begin (3) a trend analysis of internal audits conducted by the office; and
new text end

new text begin (4) trends and patterns in maltreatment of vulnerable adults, licensing violations by
facilities or providers serving vulnerable adults, and other metrics as determined by the
commissioner.
new text end

new text begin (b) The commissioner shall maintain on the Department of Health Web site reports
published under this section for at least the past three years.
new text end

Sec. 60. new text beginREPORT; SAFETY AND QUALITY IMPROVEMENT PRACTICES.
new text end

new text begin By January 15, 2019, the safety and quality improvement technical panel established
under Minnesota Statutes, section 144A.53, subdivision 5, shall provide recommendations
to the legislature on legislative changes needed to promote safety and quality improvement
practices in long-term care settings and with long-term care providers. The recommendations
must address:
new text end

new text begin (1) how to implement a system for adverse health events reporting, learning, and
prevention in long-term care settings and with long-term care providers; and
new text end

new text begin (2) interim actions to improve systems for the timely analysis of reports and complaints
submitted to the Office of Health Facility Complaints to identify common themes and key
prevention opportunities, and to disseminate key findings to providers across the state for
the purposes of shared learning and prevention.
new text end

Sec. 61. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 144A.479, subdivision 2, new text end new text begin is repealed.
new text end

ARTICLE 40

CHILDREN AND FAMILIES; LICENSING

Section 1.

Minnesota Statutes 2016, section 119B.011, is amended by adding a subdivision
to read:


new text begin Subd. 13b. new text end

new text begin Homeless. new text end

new text begin "Homeless" means a self-declared housing status as defined in
the McKinney-Vento Homeless Assistance Act and United States Code, title 42, section
11302, paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 12, 2019.
new text end

Sec. 2.

Minnesota Statutes 2016, section 119B.011, subdivision 19, is amended to read:


Subd. 19.

Provider.

"Provider" means: (1) an individual or child care center or facilitydeleted text begin,
either licensed or unlicensed,
deleted text end providing new text beginlicensed new text endlegal child care services as defined under
section 245A.03; deleted text beginordeleted text end (2)new text begin a license exempt center required to be certified under chapter 245H;
new text end

new text begin (3)new text end an individual or child care center or facility deleted text beginholdingdeleted text end new text beginthat:
new text end

new text begin (i) holds new text enda valid child care license issued by another state or a tribe deleted text beginand providingdeleted text endnew text begin;
new text end

new text begin (ii) provides new text endchild care services in the licensing state or in the area under the licensing
tribe's jurisdictionnew text begin; and
new text end

new text begin (iii) is in compliance with federal health and safety requirements as certified by the
licensing state or tribe, or as determined by receipt of child care development block grant
funds in the licensing state; or
new text end

new text begin (4) a legal nonlicensed child care provider as defined under section 119B.011, subdivision
16, providing legal child care services
new text end. A deleted text beginlegally unlicensed familydeleted text end new text beginlegal nonlicensed new text endchild
care provider must be at least 18 years of age, and not a member of the MFIP assistance
unit or a member of the family receiving child care assistance to be authorized under this
chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 24, 2018.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 119B.011, subdivision 20, is amended
to read:


Subd. 20.

Transition year families.

"Transition year families" means families who have
received MFIP assistance, or who were eligible to receive MFIP assistance after choosing
to discontinue receipt of the cash portion of MFIP assistance under section 256J.31,
subdivision 12
, or families who have received DWP assistance under section 256J.95 for
at least deleted text beginthreedeleted text endnew text begin onenew text end of the last six months before losing eligibility for MFIP or DWP.
Notwithstanding Minnesota Rules, parts 3400.0040, subpart 10, and 3400.0090, subpart 2,
transition year child care may be used to support employment, approved education or training
programs, or job search that meets the requirements of section 119B.10. Transition year
child care is not available to families who have been disqualified from MFIP or DWP due
to fraud.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 8, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 119B.02, subdivision 7, is amended to read:


Subd. 7.

Child care market rate survey.

deleted text beginBiennially,deleted text end The commissioner shall new text beginconduct
the next
new text endsurvey new text beginof new text endprices charged by child care providers in Minnesota new text beginin state fiscal year
2021 and every three years thereafter
new text endto determine the 75th percentile for like-care
arrangements in county price clusters.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 119B.025, subdivision 1, is amended
to read:


Subdivision 1.

Applications.

(a) new text beginExcept as provided in paragraph (c), clause (4), new text endthe
county shall verify the following at all initial child care applications using the universal
application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of minor child to the parent, stepparent, legal guardian, eligible relative
caretaker, or the spouses of any of the foregoing;

(4) age;

(5) immigration status, if related to eligibility;

(6) Social Security number, if given;

(7) counted income;

(8) spousal support and child support payments made to persons outside the household;

(9) residence; and

(10) inconsistent information, if related to eligibility.

(b) The county must mail a notice of approval or denial of assistance to the applicant
within 30 calendar days after receiving the application. The county may extend the response
time by 15 calendar days if the applicant is informed of the extension.

new text begin (c) For an applicant who declares that the applicant is homeless and who meets the
definition of homeless in section 119B.011, subdivision 13b, the county must:
new text end

new text begin (1) if information is needed to determine eligibility, send a request for information to
the applicant within five working days after receiving the application;
new text end

new text begin (2) if the applicant is eligible, send a notice of approval of assistance within five working
days after receiving the application;
new text end

new text begin (3) if the applicant is ineligible, send a notice of denial of assistance within 30 days after
receiving the application. The county may extend the response time by 15 calendar days if
the applicant is informed of the extension;
new text end

new text begin (4) not require verifications required by paragraph (a) before issuing the notice of approval
or denial; and
new text end

new text begin (5) follow limits set by the commissioner for how frequently expedited application
processing may be used for an applicant who declares that the applicant is homeless.
new text end

new text begin (d) An applicant who declares that the applicant is homeless must submit proof of
eligibility within three months of the date the application was received. If proof of eligibility
is not submitted within three months, eligibility ends. A 15-day adverse action notice is
required to end eligibility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 12, 2019.
new text end

Sec. 6.

Minnesota Statutes 2016, section 119B.03, subdivision 9, is amended to read:


Subd. 9.

Portability pool.

(a) The commissioner shall establish a pool of up to five
percent of the annual appropriation for the basic sliding fee program to provide continuous
child care assistance for eligible families who move between Minnesota counties. At the
end of each allocation period, any unspent funds in the portability pool must be used for
assistance under the basic sliding fee program. If expenditures from the portability pool
exceed the amount of money available, the reallocation pool must be reduced to cover these
shortages.

(b) deleted text beginTo be eligible for portable basic sliding fee assistance,deleted text end A family that has moved from
a county in which it was receiving basic sliding fee assistance to a county with a waiting
list for the basic sliding fee program must:

(1) meet the income and eligibility guidelines for the basic sliding fee program; and

(2) notify deleted text beginthe new county of residence within 60 days of moving and submit information
to the new county of residence to verify eligibility for the basic sliding fee program
deleted text endnew text begin the
family's previous county of residence of the family's move to a new county of residence
new text end.

(c) The receiving county must:

(1) accept administrative responsibility for applicants for portable basic sliding fee
assistance at the end of the two months of assistance under the Unitary Residency Act;

(2) continue new text beginportability pool new text endbasic sliding fee assistance deleted text beginfor the lesser of six months ordeleted text end
until the family is able to receive assistance under the county's regular basic sliding program;
and

(3) notify the commissioner through the quarterly reporting process of any family that
meets the criteria of the portable basic sliding fee assistance pool.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 8, 2018.
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 119B.06, subdivision 1, is amended
to read:


Subdivision 1.

Commissioner to administer block grant.

The commissioner is
authorized and directed to receive, administer, and expend child care funds available under
the child care and development block grant authorized under the Child Care and Development
Block Grant Act of 2014, Public Law 113-186new text begin. From the discretionary amounts provided
for federal fiscal year 2018 and reserved for quality activities, the commissioner shall ensure
that funds are prioritized to increase the availability of training and business planning
assistance for child care providers
new text end.

Sec. 8.

Minnesota Statutes 2016, section 119B.06, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Administration of additional funds. new text end

new text begin If the state of Minnesota receives
additional federal child care development block grant funds (CCDBG) in federal fiscal year
2018 under the federal Consolidated Appropriations Act of 2018, Public Law 115-141, and
any subsequent federal appropriation for federal fiscal year 2019, compared to CCDBG
funds received in federal fiscal year 2017, the commissioner shall allocate the additional
funds to provisions enacted in state law in 2018 to comply with the Child Care Development
Block Grant Act of 2014, and to child care provider rates under section 119B.13. The
commissioner shall allocate the additional federal funds to maximize child care rates during
the time the additional federal funding is available. The commissioner must allocate any
additional federal funding received after federal fiscal year 2019, at the level received in
federal fiscal year 2019, to compliance provisions enacted in state law in 2018 and to child
care rates under section 119B.13. If federal CCDBG funds are less than the amount received
in federal fiscal year 2017, the commissioner, in consultation with the commissioner of
management and budget, shall administer funding for child care programs to ensure that
the amount of general fund money allocated to child care programs does not increase to
replace the reduction in federal CCDBG funds.
new text end

Sec. 9.

Minnesota Statutes 2017 Supplement, section 119B.09, subdivision 1, is amended
to read:


Subdivision 1.

General eligibility requirements.

(a) Child care services must be
available to families who need child care to find or keep employment or to obtain the training
or education necessary to find employment and who:

(1) have household income less than or equal to 67 percent of the state median income,
adjusted for family size, at application and redetermination, and meet the requirements of
section 119B.05; receive MFIP assistance; and are participating in employment and training
services under chapter 256J; or

(2) have household income less than or equal to 47 percent of the state median income,
adjusted for family size, at application and less than or equal to 67 percent of the state
median income, adjusted for family size, at redetermination.

(b) Child care services must be made available as in-kind services.

(c) All applicants for child care assistance and families currently receiving child care
assistance must be assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family at application and
redetermination as a condition of program eligibility. For purposes of this section, a family
is considered to meet the requirement for cooperation when the family complies with the
requirements of section 256.741.

(d) All applicants for child care assistance and families currently receiving child care
assistance must pay the co-payment fee under section 119B.12, subdivision 2, as a condition
of eligibility. The co-payment fee may include additional recoupment fees due to a child
care assistance program overpayment.

new text begin (e) If a family has one child with a child care authorization and the child turns 13 years
of age or the child has a disability and turns 15 years of age, the family remains eligible
until the redetermination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 8, 2018.
new text end

Sec. 10.

Minnesota Statutes 2017 Supplement, section 119B.095, subdivision 2, is amended
to read:


Subd. 2.

Maintain steady child care authorizations.

(a) Notwithstanding Minnesota
Rules, chapter 3400, the amount of child care authorized under section 119B.10 for
employment, education, or an MFIP or DWP employment plan shall continue at the same
number of hours or more hours until redetermination, including:

(1) when the other parent moves in and is employed or has an education plan under
section 119B.10, subdivision 3, or has an MFIP or DWP employment plan; or

(2) when the participant's work hours are reduced or a participant temporarily stops
working or attending an approved education program. Temporary changes include, but are
not limited to, a medical leave, seasonal employment fluctuations, or a school break between
semesters.

(b) The county may increase the amount of child care authorized at any time if the
participant verifies the need for increased hours for authorized activities.

(c) The county may reduce the amount of child care authorized if a parent requests a
reduction or because of a change in:

(1) the child's school schedule;

(2) the custody schedule; or

(3) the provider's availability.

(d) The amount of child care authorized for a family subject to subdivision 1, paragraph
(b), must change when the participant's activity schedule changes. Paragraph (a) does not
apply to a family subject to subdivision 1, paragraph (b).

new text begin (e) When a child reaches 13 years of age or a child with a disability reaches 15 years of
age, the amount of child care authorized shall continue at the same number of hours or more
hours until redetermination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 8, 2018.
new text end

Sec. 11.

Minnesota Statutes 2017 Supplement, section 119B.095, is amended by adding
a subdivision to read:


new text begin Subd. 3. new text end

new text begin Assistance for persons who are experiencing homelessness. new text end

new text begin An applicant
who is homeless and eligible for child care assistance under this chapter is eligible for 60
hours of child care assistance per service period for three months from the date the county
receives the application. Additional hours may be authorized as needed based on the
applicant's participation in employment, education, or MFIP or DWP employment plan. To
continue receiving child care assistance after the initial three months, the parent must verify
that the parent meets eligibility and activity requirements for child care assistance under
this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 12, 2019.
new text end

Sec. 12.

Minnesota Statutes 2017 Supplement, section 119B.13, subdivision 1, is amended
to read:


Subdivision 1.

Subsidy restrictions.

(a) deleted text beginBeginning February 3, 2014,deleted text end The maximum
rate paid for child care assistance in any county or county price cluster under the child care
fund shall be the greater of the deleted text begin25thdeleted text end percentile deleted text beginof the 2011deleted text end new text begincalculated by the commissioner
under section 119B.06, subdivision 4, but not to exceed the 25th percentile, of the most
recent
new text endchild care provider rate survey new text beginunder section 119B.02, subdivision 7, new text endor the deleted text beginmaximum
rate effective November 28, 2011
deleted text endnew text begin rates in effect at the time of the most recent child care
provider rate survey
new text end. For a child care provider located within the boundaries of a city located
in two or more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid
for child care assistance shall be equal to the maximum rate paid in the county with the
highest maximum reimbursement rates or the provider's charge, whichever is less. The
commissioner may: (1) assign a county with no reported provider prices to a similar price
cluster; and (2) consider county level access when determining final price clusters.

(b) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.

(c) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.

(d) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.

(e) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:

(1) the daily rate for one day of care;

(2) the weekly rate for one week of care by the child's primary provider; and

(3) two daily rates during two weeks of care by a child's secondary provider.

(f) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.

(g) If the provider charge is greater than the maximum provider rate allowed, the parent
is responsible for payment of the difference in the rates in addition to any family co-payment
fee.

(h) All maximum provider rates changes shall be implemented on the Monday following
the effective date of the maximum provider rate.

(i) Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum registration
fees in effect on January 1, 2013, shall remain in effect.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for child care provider payments beginning
February 22, 2019.
new text end

Sec. 13.

Minnesota Statutes 2017 Supplement, section 245A.06, subdivision 8, is amended
to read:


Subd. 8.

Requirement to post deleted text begincorrection orderdeleted text endnew text begin conditional licensenew text end.

deleted text begin(a)deleted text end For licensed
family child care providers and child care centers, upon receipt of any deleted text begincorrection order ordeleted text end
order of conditional license issued by the commissioner under this section, and
notwithstanding a pending request for reconsideration of the deleted text begincorrection order ordeleted text end order of
conditional license by the license holder, the license holder shall post the deleted text begincorrection order
or
deleted text end order of conditional license in a place that is conspicuous to the people receiving services
and all visitors to the facility for two years. When the deleted text begincorrection order ordeleted text end order of conditional
license is accompanied by a maltreatment investigation memorandum prepared under section
626.556 or 626.557, the investigation memoranda must be posted with the deleted text begincorrection order
or
deleted text end order of conditional license.

deleted text begin (b) If the commissioner reverses or rescinds a violation in a correction order upon
reconsideration under subdivision 2, the commissioner shall issue an amended correction
order and the license holder shall post the amended order according to paragraph (a).
deleted text end

deleted text begin (c) If the correction order is rescinded or reversed in full upon reconsideration under
subdivision 2, the license holder shall remove the original correction order posted according
to paragraph (a).
deleted text end

Sec. 14.

Minnesota Statutes 2016, section 245A.175, is amended to read:


245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL
HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care
license holder and caregivers in foster family and treatment foster care settings, and all staff
providing care in foster residence settings must complete two hours of training that addresses
the causes, symptoms, and key warning signs of mental health disorders; cultural
considerations; and effective approaches for dealing with a child's behaviors. At least one
hour of the annual training requirement for the foster family license holder and caregivers,
and foster residence staff must be on children's mental health issues and treatment. new text beginExcept
for providers and services under chapter 245D,
new text endthe annual training must also include new text beginat least
new text end one hour of training on fetal alcohol spectrum disorders deleted text beginwithin the first 12 months of
licensure. After the first 12 months of licensure, training on fetal alcohol spectrum disorders
may count
deleted text endnew text begin, which must be countednew text end toward the 12 hours of required in-service training per
year. Short-term substitute caregivers are exempt from these requirements. Training
curriculum shall be approved by the commissioner of human services.

Sec. 15.

Minnesota Statutes 2017 Supplement, section 245A.50, subdivision 7, is amended
to read:


Subd. 7.

Training requirements for family and group family child care.

new text begin(a) new text endFor
purposes of family and group family child care, the license holder and each primary caregiver
must complete 16 hours of ongoing training each year. For purposes of this subdivision, a
primary caregiver is an adult caregiver who provides services in the licensed setting for
more than 30 days in any 12-month period. Repeat of topical training requirements in
subdivisions 2 to deleted text begin8deleted text end new text begin9new text end shall count toward the annual 16-hour training requirement. Additional
ongoing training subjects to meet the annual 16-hour training requirement must be selected
from the following areas:

(1) child development and learning training under subdivision 2, paragraph (a);

(2) developmentally appropriate learning experiences, including training in creating
positive learning experiences, promoting cognitive development, promoting social and
emotional development, promoting physical development, promoting creative development;
and behavior guidance;

(3) relationships with families, including training in building a positive, respectful
relationship with the child's family;

(4) assessment, evaluation, and individualization, including training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality;

(5) historical and contemporary development of early childhood education, including
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs;

(6) professionalism, including training in knowledge, skills, and abilities that promote
ongoing professional development; and

(7) health, safety, and nutrition, including training in establishing healthy practices;
ensuring safety; and providing healthy nutrition.

new text begin (b) A family or group family child care license holder or primary caregiver who is an
approved trainer through the Minnesota Center for Professional Development and who
conducts an approved training course through the Minnesota Center for Professional
Development in any of the topical training in subdivisions 2 to 9 shall receive training credit
for the training topic in the applicable annual period. Each hour of approved training
conducted shall count toward the annual 16-hour training requirement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 16.

Minnesota Statutes 2016, section 254A.035, subdivision 2, is amended to read:


Subd. 2.

Membership terms, compensation, removal and expiration.

The membership
of this council shall be composed of 17 persons who are American Indians and who are
appointed by the commissioner. The commissioner shall appoint one representative from
each of the following groups: Red Lake Band of Chippewa Indians; Fond du Lac Band,
Minnesota Chippewa Tribe; Grand Portage Band, Minnesota Chippewa Tribe; Leech Lake
Band, Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa Tribe; Bois Forte
Band, Minnesota Chippewa Tribe; White Earth Band, Minnesota Chippewa Tribe; Lower
Sioux Indian Reservation; Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton
Sioux Indian Reservation; Upper Sioux Indian Reservation; International Falls Northern
Range; Duluth Urban Indian Community; and two representatives from the Minneapolis
Urban Indian Community and two from the St. Paul Urban Indian Community. The terms,
compensation, and removal of American Indian Advisory Council members shall be as
provided in section 15.059. The council expires June 30, deleted text begin2018deleted text endnew text begin 2023new text end.

Sec. 17.

Minnesota Statutes 2016, section 256.01, subdivision 14b, is amended to read:


Subd. 14b.

American Indian child welfare projects.

(a) The commissioner of human
services may authorize projects to test tribal delivery of child welfare services to American
Indian children and their parents and custodians living on the reservation. The commissioner
has authority to solicit and determine which tribes may participate in a project. Grants may
be issued to Minnesota Indian tribes to support the projects. The commissioner may waive
existing state rules as needed to accomplish the projects. The commissioner may authorize
projects to use alternative methods of (1) investigating and assessing reports of child
maltreatment, and (2) administrative reconsideration, administrative appeal, and judicial
appeal of maltreatment determinations, provided the alternative methods used by the projects
comply with the provisions of sections 256.045 and 626.556 dealing with the rights of
individuals who are the subjects of reports or investigations, including notice and appeal
rights and data practices requirements. The commissioner may seek any federal approvals
necessary to carry out the projects as well as seek and use any funds available to the
commissioner, including use of federal funds, foundation funds, existing grant funds, and
other funds. The commissioner is authorized to advance state funds as necessary to operate
the projects. Federal reimbursement applicable to the projects is appropriated to the
commissioner for the purposes of the projects. The projects must be required to address
responsibility for safety, permanency, and well-being of children.

(b) For the purposes of this section, "American Indian child" means a person under 21
years old and who is a tribal member or eligible for membership in one of the tribes chosen
for a project under this subdivision and who is residing on the reservation of that tribe.

(c) In order to qualify for an American Indian child welfare project, a tribe must:

(1) be one of the existing tribes with reservation land in Minnesota;

(2) have a tribal court with jurisdiction over child custody proceedings;

(3) have a substantial number of children for whom determinations of maltreatment have
occurred;

(4) have capacity to respond to reports of abuse and neglect under section 626.556;

(5) provide a wide range of services to families in need of child welfare services; and

(6) have a tribal-state title IV-E agreement in effect.

(d) Grants awarded under this section may be used for the nonfederal costs of providing
child welfare services to American Indian children on the tribe's reservation, including costs
associated with:

(1) assessment and prevention of child abuse and neglect;

(2) family preservation;

(3) facilitative, supportive, and reunification services;

(4) out-of-home placement for children removed from the home for child protective
purposes; and

(5) other activities and services approved by the commissioner that further the goals of
providing safety, permanency, and well-being of American Indian children.

(e) When a tribe has initiated a project and has been approved by the commissioner to
assume child welfare responsibilities for American Indian children of that tribe under this
section, the affected county social service agency is relieved of responsibility for responding
to reports of abuse and neglect under section 626.556 for those children during the time
within which the tribal project is in effect and funded. The commissioner shall work with
tribes and affected counties to develop procedures for data collection, evaluation, and
clarification of ongoing role and financial responsibilities of the county and tribe for child
welfare services prior to initiation of the project. Children who have not been identified by
the tribe as participating in the project shall remain the responsibility of the county. Nothing
in this section shall alter responsibilities of the county for law enforcement or court services.

(f) Participating tribes may conduct children's mental health screenings under section
245.4874, subdivision 1, paragraph (a), clause (12), for children who are eligible for the
initiative and living on the reservation and who meet one of the following criteria:

(1) the child must be receiving child protective services;

(2) the child must be in foster care; or

(3) the child's parents must have had parental rights suspended or terminated.

Tribes may access reimbursement from available state funds for conducting the screenings.
Nothing in this section shall alter responsibilities of the county for providing services under
section 245.487.

(g) Participating tribes may establish a local child mortality review panel. In establishing
a local child mortality review panel, the tribe agrees to conduct local child mortality reviews
for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes
with established child mortality review panels shall have access to nonpublic data and shall
protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide
written notice to the commissioner and affected counties when a local child mortality review
panel has been established and shall provide data upon request of the commissioner for
purposes of sharing nonpublic data with members of the state child mortality review panel
in connection to an individual case.

(h) The commissioner shall collect information on outcomes relating to child safety,
permanency, and well-being of American Indian children who are served in the projects.
Participating tribes must provide information to the state in a format and completeness
deemed acceptable by the state to meet state and federal reporting requirements.

(i) In consultation with the White Earth Band, the commissioner shall develop and submit
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services a plan to transfer legal responsibility for providing child
protective services to White Earth Band member children residing in Hennepin County to
the White Earth Band. The plan shall include a financing proposal, definitions of key terms,
statutory amendments required, and other provisions required to implement the plan. The
commissioner shall submit the plan by January 15, 2012.

new text begin (j) The commissioner and the Red Lake Nation, in consultation with Beltrami County,
Clearwater County, and Lake of the Woods County, shall develop a proposal to transfer
legal and financial responsibility to the tribe for providing child welfare and child protection
services to tribal members and families who reside on the Red Lake Reservation in Beltrami,
Clearwater, and Lake of the Woods Counties. The proposal shall be provided to the members
of the house of representatives and senate committees with jurisdiction over health and
human services no later than January 15, 2019.
new text end

Sec. 18.

Minnesota Statutes 2016, section 256K.45, subdivision 2, is amended to read:


Subd. 2.

Homeless youth report.

The commissioner shall prepare a biennial report,
beginning in February 2015, which provides meaningful information to the legislative
committees having jurisdiction over the issue of homeless youth, that includes, but is not
limited to: (1) a list of the areas of the state with the greatest need for services and housing
for homeless youth, and the level and nature of the needs identified; (2) details about grants
made; (3) the distribution of funds throughout the state based on population need; (4)
follow-up information, if available, on the status of homeless youth and whether they have
stable housing two years after services are provided; and (5) any other outcomes for
populations served to determine the effectiveness of the programs and use of funding.new text begin The
commissioner is exempt from preparing this report in 2019 and must instead update the
2007 report on homeless youth under section 24.
new text end

Sec. 19.

new text begin [256K.46] STABLE HOUSING AND SUPPORT SERVICES FOR
VULNERABLE YOUTH.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given them:
new text end

new text begin (a) "Eligible applicant" means a program licensed by the commissioner of human services
to provide transitional housing and support services to youth. An eligible applicant must
have staff on site 24 hours per day and must have established confidentiality protocols as
required by state and federal law.
new text end

new text begin (b) "Living essentials" means clothing, toiletries, transportation, interpreters, other
supplies, and services necessary for daily living.
new text end

new text begin (c) "Support services" has the meaning given in section 256E.33, subdivision 1, paragraph
(b), and includes crisis intervention, conflict mediation, family reunification services,
educational services, and employment resources.
new text end

new text begin (d) "Transitional housing" means secure shelter and housing that:
new text end

new text begin (1) is provided at low or no cost;
new text end

new text begin (2) is designed to assist people transitioning from homelessness, family or relationship
violence, or sexual exploitation, to living independently in the community; and
new text end

new text begin (3) provides residents with regular staff interaction, supervision plans, and living skills
training and assistance.
new text end

new text begin (e) "Vulnerable youth" means youth 13 years of age through 17 years of age who have
reported histories of sexual exploitation or family or relationship violence. Vulnerable youth
includes youth who are homeless and youth who are parents and their children.
new text end

new text begin Subd. 2. new text end

new text begin Grants authorized. new text end

new text begin The commissioner of human services may award grants
to eligible applicants to plan, establish, or operate programs to provide transitional housing
and support services to vulnerable youth. An applicant may apply for and the commissioner
may award grants for two-year periods, and the commissioner shall determine the number
of grants awarded. The commissioner may reallocate underspending among grantees within
the same grant period.
new text end

new text begin Subd. 3. new text end

new text begin Program variance. new text end

new text begin For purposes of this grant program, the commissioner may
grant a program variance under chapter 245A allowing a program licensed to provide
transitional housing and support services to youth 16 years of age through 17 years of age
to serve youth 13 years of age through 17 years of age.
new text end

new text begin Subd. 4. new text end

new text begin Allocation of grants. new text end

new text begin (a) An application must be on a form and contain
information as specified by the commissioner but at a minimum must contain:
new text end

new text begin (1) a description of the purpose or project for which grant funds will be used;
new text end

new text begin (2) a description of the specific problem the grant funds are intended to address;
new text end

new text begin (3) a description of achievable objectives, a work plan, and a timeline for implementation
and completion of processes or projects enabled by the grant;
new text end

new text begin (4) a description of the eligible applicant's existing frameworks and experience providing
transitional housing and support services to vulnerable youth; and
new text end

new text begin (5) a proposed process for documenting and evaluating results of the grant.
new text end

new text begin (b) Grant funds allocated under this section may be used for purposes that include, but
are not limited to, the following:
new text end

new text begin (1) transitional housing, meals, and living essentials for vulnerable youth and their
children;
new text end

new text begin (2) support services;
new text end

new text begin (3) mental health and substance use disorder counseling;
new text end

new text begin (4) staff training;
new text end

new text begin (5) case management and referral services; and
new text end

new text begin (6) aftercare and follow-up services, including ongoing adult and peer support.
new text end

new text begin (c) The commissioner shall review each application to determine whether the application
is complete and whether the applicant and the project are eligible for a grant. In evaluating
applications, the commissioner shall establish criteria including, but not limited to:
new text end

new text begin (1) the eligibility of the applicant or project;
new text end

new text begin (2) the applicant's thoroughness and clarity in describing the problem grant funds are
intended to address;
new text end

new text begin (3) a description of the population demographics and service area of the proposed project;
and
new text end

new text begin (4) the proposed project's longevity and demonstrated financial sustainability after the
initial grant period.
new text end

new text begin (d) In evaluating applications, the commissioner may request additional information
regarding a proposed project, including information on project cost. An applicant's failure
to provide the information requested disqualifies an applicant.
new text end

new text begin Subd. 5. new text end

new text begin Awarding of grants. new text end

new text begin The commissioner must notify grantees of awards by
January 1, 2019.
new text end

new text begin Subd. 6. new text end

new text begin Update. new text end

new text begin The commissioner shall consult with providers serving homeless youth,
sex-trafficked youth, or sexually exploited youth, including providers serving older youth
under the Safe Harbor Act and Homeless Youth Act to make recommendations that resolve
conflicting requirements placed on providers and foster best practices in delivering services
to these populations of older youth. The recommendations may include the development
of additional certifications not currently available under Minnesota Rules, chapter 2960.
The commissioner shall provide an update on the stakeholder work and recommendations
identified through this process to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services finance and policy by January
15, 2019.
new text end

Sec. 20.

Minnesota Statutes 2016, section 260.835, subdivision 2, is amended to read:


Subd. 2.

Expiration.

The American Indian Child Welfare Advisory Council expires
June 30, deleted text begin2018deleted text endnew text begin 2023new text end.

Sec. 21.

new text begin [260C.008] FOSTER CARE SIBLING BILL OF RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Statement of rights. new text end

new text begin (a) A child placed in foster care who has a sibling
has the right to:
new text end

new text begin (1) be placed in foster care homes with the child's siblings, when possible and when it
is in the best interest of each sibling, in order to sustain family relationships;
new text end

new text begin (2) be placed in close geographical distance to the child's siblings, if placement together
is not possible, to facilitate frequent and meaningful contact;
new text end

new text begin (3) have frequent contact with the child's siblings in foster care and, whenever possible,
with the child's siblings who are not in foster care, unless the responsible social services
agency has documented that contact is not in the best interest of any sibling. Contact includes,
but is not limited to, telephone calls, text messaging, social media and other Internet use,
and video calls;
new text end

new text begin (4) annually receive a telephone number, address, and e-mail address for all siblings in
foster care, and receive updated photographs of siblings regularly, by regular mail or e-mail;
new text end

new text begin (5) participate in regular face-to-face visits with the child's siblings in foster care and,
whenever possible, with the child's siblings who are not in foster care. Participation in these
visits shall not be withheld or restricted as a consequence for behavior, and shall only be
restricted if the responsible social services agency documents that the visits are contrary to
the safety or well-being of any sibling. Social workers, parents, foster care providers, and
older children must cooperate to ensure regular visits and must coordinate dates, times,
transportation, and other accommodations as necessary. The timing and regularity of visits
shall be outlined in each sibling's service plan, based on the individual circumstances and
needs of each child. A social worker need not give explicit permission for each visit or
possible overnight visit, but foster care providers shall communicate with social workers
about these visits;
new text end

new text begin (6) be actively involved in each other's lives and share celebrations, if they choose to
do so, including but not limited to birthdays, holidays, graduations, school and extracurricular
activities, cultural customs in the siblings' native language, and other milestones;
new text end

new text begin (7) be promptly informed about changes in sibling placements or circumstances, including
but not limited to new placements, discharge from placements, significant life events, and
discharge from foster care;
new text end

new text begin (8) be included in permanency planning decisions for siblings, if appropriate; and
new text end

new text begin (9) be informed of the expectations for and possibility of continued contact with a sibling
after an adoption or transfer of permanent physical and legal custody to a relative.
new text end

new text begin (b) Adult siblings of children in foster care shall have the right to be considered as foster
care providers, adoptive parents, and relative custodians for their siblings, if they choose
to do so.
new text end

new text begin Subd. 2. new text end

new text begin Interpretation. new text end

new text begin The rights under this section are established for the benefit of
siblings in foster care. This statement of rights does not replace or diminish other rights,
liberties, and responsibilities that may exist relative to children in foster care, adult siblings
of children in foster care, foster care providers, parents, relatives, or responsible social
services agencies.
new text end

new text begin Subd. 3. new text end

new text begin Disclosure. new text end

new text begin Child welfare agency staff shall provide a copy of these rights to
a child who has a sibling at the time the child enters foster care, to any adult siblings of a
child entering foster care, if known, and to the foster care provider, in a format specified
by the commissioner of human services. The copy shall contain the address and telephone
number of the Office of Ombudsman for Families and a brief statement describing how to
file a complaint with the office.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for children entering foster care on or
after August 1, 2018. Subdivision 3 is effective August 1, 2018, and applies to all children
in foster care on that date, regardless of when the child entered foster care.
new text end

Sec. 22.

Minnesota Statutes 2016, section 518A.32, subdivision 3, is amended to read:


Subd. 3.

Parent not considered voluntarily unemployed, underemployed, or employed
on a less than full-time basis.

A parent is not considered voluntarily unemployed,
underemployed, or employed on a less than full-time basis upon a showing by the parent
that:

(1) the unemployment, underemployment, or employment on a less than full-time basis
is temporary and will ultimately lead to an increase in income;

(2) the unemployment, underemployment, or employment on a less than full-time basis
represents a bona fide career change that outweighs the adverse effect of that parent's
diminished income on the child; deleted text beginor
deleted text end

(3) the unemployment, underemployment, or employment on a less than full-time basis
is because a parent is physically or mentally incapacitated or due to incarcerationdeleted text begin, except
where the reason for incarceration is the parent's nonpayment of support.
deleted text endnew text begin; or
new text end

new text begin (4) the parent has been determined by an authorized government agency to be eligible
to receive general assistance or Supplemental Security Income payments. Any income, not
including public assistance payments, earned by the parent who is eligible for general
assistance or Supplemental Security Income payments may be considered for the purpose
of calculating child support.
new text end

Sec. 23.

Minnesota Statutes 2016, section 518A.685, is amended to read:


518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.

(a) If a public authority determines that an obligor has not paid the current monthly
support obligation plus any required arrearage payment for three months, the public authority
must report this information to a consumer reporting agency.

(b) Before reporting that an obligor is in arrears for court-ordered child support, the
public authority must:

(1) provide written notice to the obligor that the public authority intends to report the
arrears to a consumer reporting agency; and

(2) mail the written notice to the obligor's last known mailing address at least 30 days
before the public authority reports the arrears to a consumer reporting agency.

(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent
the public authority from reporting the arrears to a consumer reporting agency:

(1) pay the arrears in full; or

(2) request an administrative review. An administrative review is limited to issues of
mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance.

deleted text begin (d) If the public authority has reported that an obligor is in arrears for court-ordered
child support and subsequently determines that the obligor has paid the court-ordered child
support arrears in full, or is paying the current monthly support obligation plus any required
arrearage payment, the public authority must report to the consumer reporting agency that
the obligor is currently paying child support as ordered by the court.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end A public authority that reports arrearage information under this section must
make monthly reports to a consumer reporting agency. The monthly report must be consistent
with credit reporting industry standards for child support.

deleted text begin (f)deleted text endnew text begin (e)new text end For purposes of this section, "consumer reporting agency" has the meaning given
in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

Sec. 24. new text begin2018 REPORT TO LEGISLATURE ON HOMELESS YOUTH.
new text end

new text begin Subdivision 1. new text end

new text begin Report development. new text end

new text begin In lieu of the biennial homeless youth report under
Minnesota Statutes, section 256K.45, subdivision 2, the commissioner of human services
shall update the information in the 2007 legislative report on runaway and homeless youth.
In developing the updated report, the commissioner may use existing data, studies, and
analysis provided by state, county, and other entities including, but not limited to:
new text end

new text begin (1) Minnesota Housing Finance Agency analysis on housing availability;
new text end

new text begin (2) Minnesota state plan to end homelessness;
new text end

new text begin (3) continuum of care counts of youth experiencing homelessness and assessments as
provided by Department of Housing and Urban Development (HUD)-required coordinated
entry systems;
new text end

new text begin (4) data collected through the Department of Human Services Homeless Youth Act grant
program;
new text end

new text begin (5) Wilder Research homeless study;
new text end

new text begin (6) Voices of Youth Count sponsored by Hennepin County; and
new text end

new text begin (7) privately funded analysis, including:
new text end

new text begin (i) nine evidence-based principles to support youth in overcoming homelessness;
new text end

new text begin (ii) return on investment analysis conducted for YouthLink by Foldes Consulting; and
new text end

new text begin (iii) evaluation of Homeless Youth Act resources conducted by Rainbow Research.
new text end

new text begin Subd. 2. new text end

new text begin Key elements; due date. new text end

new text begin (a) The report may include three key elements where
significant learning has occurred in the state since the 2007 report, including:
new text end

new text begin (1) unique causes of youth homelessness;
new text end

new text begin (2) targeted responses to youth homelessness, including significance of positive youth
development as fundamental to each targeted response; and
new text end

new text begin (3) recommendations based on existing reports and analysis on what it will take to end
youth homelessness.
new text end

new text begin (b) To the extent data is available, the report must include:
new text end

new text begin (1) general accounting of the federal and philanthropic funds leveraged to support
homeless youth activities;
new text end

new text begin (2) general accounting of the increase in volunteer responses to support youth
experiencing homelessness; and
new text end

new text begin (3) data-driven accounting of geographic areas or distinct populations that have gaps in
service or are not yet served by homeless youth responses.
new text end

new text begin (c) The commissioner of human services may consult with community-based providers
of homeless youth services and other expert stakeholders to complete the report. The
commissioner shall submit the report to the chairs and ranking minority members of the
legislative committees with jurisdiction over youth homelessness by February 15, 2019.
new text end

Sec. 25. new text beginDEPARTMENT OF INVESTIGATION, COMPLIANCE, AND
ELIGIBILITY.
new text end

new text begin (a) The commissioners of human services and health shall consider the benefits of
consolidating into one state agency the licensing, background study, and related oversight
functions currently in the Department of Human Services and Department of Health.
new text end

new text begin (b) The revisor shall, in consultation with the commissioners of human services and
health, provide draft legislation for the chairs and ranking minority members of the senate
and house of representatives committees with jurisdiction over health and human services
by July 1, 2019.
new text end

Sec. 26. new text beginCOMMISSIONER OF HUMAN SERVICES CHILD CARE LICENSING
RULEMAKING AUTHORITY.
new text end

new text begin Notwithstanding any provision of law to the contrary, the commissioner of human
services may not adopt rules under Minnesota Statutes, chapter 14, that modify Minnesota
Rules, chapters 9502 and 9503, or adopt additional rules relating to child care licensing,
unless otherwise expressly authorized by law enacted on or after the effective date of this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 27. new text beginTASK FORCE ON CHILDHOOD TRAUMA-INFORMED POLICY AND
PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services must establish and
appoint a task force on trauma-informed policy and practices to prevent and reduce children's
exposure to adverse childhood experiences (ACEs) consisting of the following members:
new text end

new text begin (1) the commissioners of human services, public safety, health, and education or the
commissioners' designees;
new text end

new text begin (2) two members representing law enforcement with expertise in juvenile justice;
new text end

new text begin (3) two members representing county social services agencies;
new text end

new text begin (4) four members, one representing each of the three ethnic councils established under
Minnesota Statutes, section 15.0145, and one representing the Indian Affairs Council
established under Minnesota Statutes, section 3.922;
new text end

new text begin (5) two members representing tribal social services providers;
new text end

new text begin (6) two members with expertise in prekindergarten through grade 12 education;
new text end

new text begin (7) three licensed health care professionals with expertise in the neurobiology of
childhood development representing public health, mental health, and primary health;
new text end

new text begin (8) one member representing family service or children's mental health collaboratives;
new text end

new text begin (9) two parents who had ACEs;
new text end

new text begin (10) two ombudspersons from the Minnesota Office of Ombudsperson for Families; and
new text end

new text begin (11) representatives of any other group the commissioner of human services deems
appropriate to complete the duties of the task force.
new text end

new text begin Subd. 2. new text end

new text begin Staff. new text end

new text begin The commissioner of human services must provide meeting space, support
staff, and administrative services for the task force.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The task force must perform the following duties:
new text end

new text begin (1) engage the human services, education, public health, juvenile justice, and criminal
justice systems in the creation of trauma-informed policy and practices in each of these
systems to prevent and reduce ACEs and to support the health and well-being of all families;
and
new text end

new text begin (2) identify social determinants of the health and well-being of all families and
recommend solutions to eliminate racial and ethnic disparities in the state.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The task force must submit a report on the results of its duties outlined
in subdivision 3 and any policy recommendations to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services, public safety,
judiciary, and education by January 15, 2019.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the report required
under subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 28. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with the Department of Human Services, House
Research Department, and Senate Counsel, Research and Fiscal Analysis shall change the
terms "food support" and "food stamps" to "Supplemental Nutrition Assistance Program"
or "SNAP" in Minnesota Statutes and Minnesota Rules when appropriate. The revisor may
make technical and other necessary changes to sentence structure to preserve the meaning
of the text.
new text end

ARTICLE 41

STATE-OPERATED SERVICES; CHEMICAL AND MENTAL HEALTH

Section 1.

Minnesota Statutes 2016, section 13.851, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Mental health screening. new text end

new text begin The treatment of data collected by a sheriff or local
corrections agency related to individuals who may have a mental illness is governed by
section 641.15, subdivision 3a.
new text end

Sec. 2.

Minnesota Statutes 2016, section 245A.04, subdivision 7, is amended to read:


Subd. 7.

Grant of license; license extension.

(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license new text beginconsistent with this section or, if applicable, a temporary change of ownership license
under section 245A.043
new text end. At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive services from the program;
and

(6) any special conditions of licensure.

(b) The commissioner may issue deleted text beginan initialdeleted text end new text beginanew text end license for a period not to exceed two years
if:

(1) the commissioner is unable to conduct the evaluation or observation required by
subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet operational;

(2) certain records and documents are not available because persons are not yet receiving
services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program. deleted text beginA license shall not be
transferable to another individual, corporation, partnership, voluntary association, other
organization, or controlling individual or to another location.
deleted text end

deleted text begin (d) A license holder must notify the commissioner and obtain the commissioner's approval
before making any changes that would alter the license information listed under paragraph
(a).
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end Except as provided in paragraphs deleted text begin(g)deleted text endnew text begin (f)new text end and deleted text begin(h)deleted text endnew text begin (g)new text end, the commissioner shall not
issue or reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has been
granted;

(2) been denied a license within the past two years;

(3) had a license new text beginissued under this chapternew text end revoked within the past five years;

(4) an outstanding debt related to a license fee, licensing fine, or settlement agreement
for which payment is delinquent; or

(5) failed to submit the information required of an applicant under subdivision 1,
paragraph (f) or (g), after being requested by the commissioner.

When a license new text beginissued under this chapternew text end is revoked under clause (1) or (3), the license
holder and controlling individual may not hold any license under chapter 245A or 245D for
five years following the revocation, and other licenses held by the applicant, license holder,
or controlling individual shall also be revoked.

deleted text begin (f)deleted text endnew text begin (e)new text end The commissioner shall not issue or reissue a license new text beginunder this chapternew text end if an
individual living in the household where the deleted text beginlicenseddeleted text end services will be provided as specified
under section 245C.03, subdivision 1, has been disqualified and the disqualification has not
been set aside and no variance has been granted.

deleted text begin (g)deleted text endnew text begin (f)new text end Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license new text beginissued
under this chapter
new text end has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.

deleted text begin (h)deleted text endnew text begin (g)new text end Notwithstanding paragraph deleted text begin(g)deleted text endnew text begin (f)new text end, when a revocation is based on the
disqualification of a controlling individual or license holder, and the controlling individual
or license holder is ordered under section 245C.17 to be immediately removed from direct
contact with persons receiving services or is ordered to be under continuous, direct
supervision when providing direct contact services, the program may continue to operate
only if the program complies with the order and submits documentation demonstrating
compliance with the order. If the disqualified individual fails to submit a timely request for
reconsideration, or if the disqualification is not set aside and no variance is granted, the
order to immediately remove the individual from direct contact or to be under continuous,
direct supervision remains in effect pending the outcome of a hearing and final order from
the commissioner.

deleted text begin (i)deleted text endnew text begin (h)new text end For purposes of reimbursement for meals only, under the Child and Adult Care
Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A,
part 226, relocation within the same county by a licensed family day care provider, shall
be considered an extension of the license for a period of no more than 30 calendar days or
until the new license is issued, whichever occurs first, provided the county agency has
determined the family day care provider meets licensure requirements at the new location.

deleted text begin (j)deleted text endnew text begin (i)new text end Unless otherwise specified by statute, all licenses new text beginissued under this chapternew text end expire
at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must
apply for and be granted a new license to operate the program or the program must not be
operated after the expiration date.

deleted text begin (k)deleted text endnew text begin (j)new text end The commissioner shall not issue or reissue a license new text beginunder this chapternew text end if it has
been determined that a tribal licensing authority has established jurisdiction to license the
program or service.

Sec. 3.

Minnesota Statutes 2016, section 245A.04, is amended by adding a subdivision to
read:


new text begin Subd. 7a. new text end

new text begin Notification required. new text end

new text begin (a) A license holder must notify the commissioner and
obtain the commissioner's approval before making any change that would alter the license
information listed under subdivision 7, paragraph (a).
new text end

new text begin (b) At least 30 days before the effective date of a change, the license holder must notify
the commissioner in writing of any change:
new text end

new text begin (1) to the license holder's controlling individual as defined in section 245A.02, subdivision
5a;
new text end

new text begin (2) to license holder information on file with the secretary of state;
new text end

new text begin (3) in the location of the program or service licensed under this chapter; and
new text end

new text begin (4) in the federal or state tax identification number associated with the license holder.
new text end

new text begin (c) When a license holder notifies the commissioner of a change to the business structure
governing the licensed program or services but is not selling the business, the license holder
must provide amended articles of incorporation and other documentation of the change and
any other information requested by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 4.

new text begin [245A.043] LICENSE APPLICATION AFTER CHANGE OF OWNERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer prohibited. new text end

new text begin A license issued under this chapter is only valid
for a premises and individual, organization, or government entity identified by the
commissioner on the license. A license is not transferable or assignable.
new text end

new text begin Subd. 2. new text end

new text begin Change of ownership. new text end

new text begin If the commissioner determines that there will be a
change of ownership, the commissioner shall require submission of a new license application.
A change of ownership occurs when:
new text end

new text begin (1) the license holder sells or transfers 100 percent of the property, stock, or assets;
new text end

new text begin (2) the license holder merges with another organization;
new text end

new text begin (3) the license holder consolidates with two or more organizations, resulting in the
creation of a new organization;
new text end

new text begin (4) there is a change in the federal tax identification number associated with the license
holder; or
new text end

new text begin (5) there is a turnover of each controlling individual associated with the license within
a 12-month period. A change to the license holder's controlling individuals, including a
change due to a transfer of stock, is not a change of ownership if at least one controlling
individual who was listed on the license for at least 12 consecutive months continues to be
a controlling individual after the reported change.
new text end

new text begin Subd. 3. new text end

new text begin Change of ownership requirements. new text end

new text begin (a) A license holder who intends to
change the ownership of the program or service under subdivision 2 to a party that intends
to assume operation without an interruption in service longer than 60 days after acquiring
the program or service must provide the commissioner with written notice of the proposed
sale or change, on a form provided by the commissioner, at least 60 days before the
anticipated date of the change in ownership. For purposes of this subdivision and subdivision
4, "party" means the party that intends to operate the service or program.
new text end

new text begin (b) The party must submit a license application under this chapter on a form and in the
manner prescribed by the commissioner at least 30 days before the change of ownership is
complete and must include documentation to support the upcoming change. The form and
manner of the application prescribed by the commissioner shall require only information
which is specifically required by statute or rule. The party must comply with background
study requirements under chapter 245C and shall pay the application fee required in section
245A.10. A party that intends to assume operation without an interruption in service longer
than 60 days after acquiring the program or service is exempt from the requirements of
Minnesota Rules, part 9530.6800.
new text end

new text begin (c) The commissioner may develop streamlined application procedures when the party
is an existing license holder under this chapter and is acquiring a program licensed under
this chapter or service in the same service class as one or more licensed programs or services
the party operates and those licenses are in substantial compliance according to the licensing
standards in this chapter and applicable rules. For purposes of this subdivision, "substantial
compliance" means within the past 12 months the commissioner did not: (i) issue a sanction
under section 245A.07 against a license held by the party or (ii) make a license held by the
party conditional according to section 245A.06.
new text end

new text begin (d) Except when a temporary change of ownership license is issued pursuant to
subdivision 4, the existing license holder is solely responsible for operating the program
according to applicable rules and statutes until a license under this chapter is issued to the
party.
new text end

new text begin (e) If a licensing inspection of the program or service was conducted within the previous
12 months and the existing license holder's license record demonstrates substantial
compliance with the applicable licensing requirements, the commissioner may waive the
party's inspection required by section 245A.04, subdivision 4. The party must submit to the
commissioner proof that the premises was inspected by a fire marshal or that the fire marshal
deemed that an inspection was not warranted and proof that the premises was inspected for
compliance with the building code or that no inspection was deemed warranted.
new text end

new text begin (f) If the party is seeking a license for a program or service that has an outstanding
correction order, the party must submit a letter with the license application identifying how
and within what length of time the party shall resolve the outstanding correction order and
come into full compliance with the licensing requirements.
new text end

new text begin (g) Any action taken under section 245A.06 or 245A.07 against the existing license
holder's license at the time the party is applying for a license, including when the existing
license holder is operating under a conditional license or is subject to a revocation, shall
remain in effect until the commissioner determines that the grounds for the action are
corrected or no longer exist.
new text end

new text begin (h) The commissioner shall evaluate the application of the party according to section
245A.04, subdivision 6. Pursuant to section 245A.04, subdivision 7, if the commissioner
determines that the party complies with applicable laws and rules, the commissioner may
issue a license or a temporary change of ownership license.
new text end

new text begin (i) The commissioner may deny an application as provided in section 245A.05. An
applicant whose application was denied by the commissioner may appeal the denial according
to section 245A.05.
new text end

new text begin (j) This subdivision does not apply to a licensed program or service located in a home
where the license holder resides.
new text end

new text begin Subd. 4. new text end

new text begin Temporary change of ownership license. new text end

new text begin (a) After receiving the party's
application and upon the written request of the existing license holder and the party, the
commissioner may issue a temporary change of ownership license to the party while the
commissioner evaluates the party's application. Until a decision is made to grant or deny a
license under this chapter, the existing license holder and the party shall both be responsible
for operating the program or service according to applicable laws and rules, and the sale or
transfer of the license holder's ownership interest in the licensed program or service does
not terminate the existing license.
new text end

new text begin (b) The commissioner may establish criteria to issue a temporary change of ownership
license, if a license holder's death, divorce, or other event affects the ownership of the
program, when an applicant seeks to assume operation of the program or service to ensure
continuity of the program or service while a license application is evaluated. This subdivision
applies to any program or service licensed under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 245C.22, subdivision 4, is amended to read:


Subd. 4.

Risk of harm; set aside.

(a) The commissioner may set aside the disqualification
if the commissioner finds that the individual has submitted sufficient information to
demonstrate that the individual does not pose a risk of harm to any person served by the
applicant, license holder, or other entities as provided in this chapter.

(b) In determining whether the individual has met the burden of proof by demonstrating
the individual does not pose a risk of harm, the commissioner shall consider:

(1) the nature, severity, and consequences of the event or events that led to the
disqualification;

(2) whether there is more than one disqualifying event;

(3) the age and vulnerability of the victim at the time of the event;

(4) the harm suffered by the victim;

(5) vulnerability of persons served by the program;

(6) the similarity between the victim and persons served by the program;

(7) the time elapsed without a repeat of the same or similar event;

(8) documentation of successful completion by the individual studied of training or
rehabilitation pertinent to the event; and

(9) any other information relevant to reconsideration.

(c) If the individual requested reconsideration on the basis that the information relied
upon to disqualify the individual was incorrect or inaccurate and the commissioner determines
that the information relied upon to disqualify the individual is correct, the commissioner
must also determine if the individual poses a risk of harm to persons receiving services in
accordance with paragraph (b).

new text begin (d) For an individual in the chemical dependency field, the commissioner must set aside
the disqualification if the following criteria are met:
new text end

new text begin (1) the individual submits sufficient documentation to demonstrate that the individual
is a nonviolent controlled substance offender under section 244.0513, subdivision 2, clauses
(1), (2), and (6);
new text end

new text begin (2) the individual is disqualified exclusively for one or more offenses listed under section
152.021, subdivision 2 or 2a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024; or
152.025;
new text end

new text begin (3) the individual provided documentation of successful completion of treatment, at least
one year prior to the date of the request for reconsideration, at a program licensed under
chapter 245G;
new text end

new text begin (4) the individual provided documentation demonstrating abstinence from controlled
substances, as defined in section 152.01, subdivision 4, for the period one year prior to the
date of the request for reconsideration; and
new text end

new text begin (5) the individual is seeking employment in the chemical dependency field.
new text end

Sec. 6.

Minnesota Statutes 2017 Supplement, section 245C.22, subdivision 5, is amended
to read:


Subd. 5.

Scope of set-aside.

(a) If the commissioner sets aside a disqualification under
this section, the disqualified individual remains disqualified, but may hold a license and
have direct contact with or access to persons receiving services. Except as provided in
paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the
licensed program, applicant, or agency specified in the set aside notice under section 245C.23.
For personal care provider organizations, the commissioner's set-aside may further be limited
to a specific individual who is receiving services. For new background studies required
under section 245C.04, subdivision 1, paragraph (h), if an individual's disqualification was
previously set aside for the license holder's program and the new background study results
in no new information that indicates the individual may pose a risk of harm to persons
receiving services from the license holder, the previous set-aside shall remain in effect.

(b) If the commissioner has previously set aside an individual's disqualification for one
or more programs or agencies, and the individual is the subject of a subsequent background
study for a different program or agency, the commissioner shall determine whether the
disqualification is set aside for the program or agency that initiated the subsequent
background study. A notice of a set-aside under paragraph (c) shall be issued within 15
working days if all of the following criteria are met:

(1) the subsequent background study was initiated in connection with a program licensed
or regulated under the same provisions of law and rule for at least one program for which
the individual's disqualification was previously set aside by the commissioner;

(2) the individual is not disqualified for an offense specified in section 245C.15,
subdivision 1 deleted text beginor 2deleted text end;

(3) new text beginthe individual is not disqualified for an offense specified in section 245C.15,
subdivision 2, unless the individual is employed in the chemical dependency field;
new text end

new text begin (4) new text endthe commissioner has received no new information to indicate that the individual
may pose a risk of harm to any person served by the program; and

deleted text begin (4)deleted text end new text begin(5) new text endthe previous set-aside was not limited to a specific person receiving services.

(c) When a disqualification is set aside under paragraph (b), the notice of background
study results issued under section 245C.17, in addition to the requirements under section
245C.17, shall state that the disqualification is set aside for the program or agency that
initiated the subsequent background study. The notice must inform the individual that the
individual may request reconsideration of the disqualification under section 245C.21 on the
basis that the information used to disqualify the individual is incorrect.

Sec. 7.

Minnesota Statutes 2016, section 254B.02, subdivision 1, is amended to read:


Subdivision 1.

Chemical dependency treatment allocation.

The chemical dependency
treatment appropriation shall be placed in a special revenue account. deleted text beginThe commissioner
shall annually transfer funds from the chemical dependency fund to pay for operation of
the drug and alcohol abuse normative evaluation system and to pay for all costs incurred
by adding two positions for licensing of chemical dependency treatment and rehabilitation
programs located in hospitals for which funds are not otherwise appropriated.
deleted text end The deleted text beginremainder
of the
deleted text end money in the special revenue account must be used according to the requirements in
this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 8.

Minnesota Statutes 2017 Supplement, section 254B.03, subdivision 2, is amended
to read:


Subd. 2.

Chemical dependency fund payment.

(a) Payment from the chemical
dependency fund is limited to payments for services other than detoxification licensed under
Minnesota Rules, parts 9530.6510 to 9530.6590, that, if located outside of federally
recognized tribal lands, would be required to be licensed by the commissioner as a chemical
dependency treatment or rehabilitation program under sections 245A.01 to 245A.16, and
services other than detoxification provided in another state that would be required to be
licensed as a chemical dependency program if the program were in the state. Out of state
vendors must also provide the commissioner with assurances that the program complies
substantially with state licensing requirements and possesses all licenses and certifications
required by the host state to provide chemical dependency treatment. Vendors receiving
payments from the chemical dependency fund must not require co-payment from a recipient
of benefits for services provided under this subdivision. The vendor is prohibited from using
the client's public benefits to offset the cost of services paid under this section. The vendor
shall not require the client to use public benefits for room or board costs. This includes but
is not limited to cash assistance benefits under chapters 119B, 256D, and 256J, or SNAP
benefits. Retention of SNAP benefits is a right of a client receiving services through the
consolidated chemical dependency treatment fund or through state contracted managed care
entities. Payment from the chemical dependency fund shall be made for necessary room
and board costs provided by vendors certified according to section 254B.05, or in a
community hospital licensed by the commissioner of health according to sections 144.50
to 144.56 to a client who is:

(1) determined to meet the criteria for placement in a residential chemical dependency
treatment program according to rules adopted under section 254A.03, subdivision 3; and

(2) concurrently receiving a chemical dependency treatment service in a program licensed
by the commissioner and reimbursed by the chemical dependency fund.

(b) A county may, from its own resources, provide chemical dependency services for
which state payments are not made. A county may elect to use the same invoice procedures
and obtain the same state payment services as are used for chemical dependency services
for which state payments are made under this section if county payments are made to the
state in advance of state payments to vendors. When a county uses the state system for
payment, the commissioner shall make monthly billings to the county using the most recent
available information to determine the anticipated services for which payments will be made
in the coming month. Adjustment of any overestimate or underestimate based on actual
expenditures shall be made by the state agency by adjusting the estimate for any succeeding
month.

(c) The commissioner shall coordinate chemical dependency services and determine
whether there is a need for any proposed expansion of chemical dependency treatment
services. deleted text beginThe commissioner shall deny vendor certification to any provider that has not
received prior approval from the commissioner for the creation of new programs or the
expansion of existing program capacity. The commissioner shall consider the provider's
capacity to obtain clients from outside the state based on plans, agreements, and previous
utilization history, when determining the need for new treatment services
deleted text endnew text begin The commissioner
may deny vendor certification to a provider if the commissioner determines that the services
currently available in the local area are sufficient to meet local need and that the addition
of new services would be detrimental to individuals seeking these services
new text end.

Sec. 9.

Minnesota Statutes 2016, section 254B.06, subdivision 1, is amended to read:


Subdivision 1.

State collections.

The commissioner is responsible for all collections
from persons determined to be partially responsible for the cost of care of an eligible person
receiving services under Laws 1986, chapter 394, sections 8 to 20. The commissioner may
initiate, or request the attorney general to initiate, necessary civil action to recover the unpaid
cost of care. The commissioner may collect all third-party payments for chemical dependency
services provided under Laws 1986, chapter 394, sections 8 to 20, including private insurance
and federal Medicaid and Medicare financial participation. deleted text beginThe commissioner shall deposit
in a dedicated account a percentage of collections to pay for the cost of operating the chemical
dependency consolidated treatment fund invoice processing and vendor payment system,
billing, and collections.
deleted text end The deleted text beginremainingdeleted text end receipts must be deposited in the chemical dependency
fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 10.

Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3, is amended
to read:


Subd. 3.

State agency hearings.

(a) State agency hearings are available for the following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or the
federal Food Stamp Act whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed
to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by a
lead investigative agency to have maltreated a vulnerable adult under section 626.557 after
they have exercised their right to administrative reconsideration under section 626.557;

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under section 626.556, after the individual or facility has exercised the
right to administrative reconsideration under section 626.556;

(10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or (9) and a disqualification under this clause in which the
basis for a disqualification is serious or recurring maltreatment, shall be consolidated into
a single fair hearing. In such cases, the scope of review by the human services judge shall
include both the maltreatment determination and the disqualification. The failure to exercise
the right to an administrative reconsideration shall not be a bar to a hearing under this section
if federal law provides an individual the right to a hearing to dispute a finding of
maltreatment;

(11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt;

(12) a person issued a notice of service termination under section 245D.10, subdivision
3a, from residential supports and services as defined in section 245D.03, subdivision 1,
paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;

(13) an individual disability waiver recipient based on a denial of a request for a rate
exception under section 256B.4914; deleted text beginor
deleted text end

(14) a person issued a notice of service termination under section 245A.11, subdivision
11, that is not otherwise subject to appeal under subdivision 4adeleted text begin.deleted text endnew text begin; or
new text end

new text begin (15) a county disputes cost of care under section 246.54 based on administrative or other
delay of a client's discharge from a state-operated facility after notification to a county that
the client no longer meets medical criteria for the state-operated facility, when the county
has developed a viable discharge plan.
new text end

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10),
is the only administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. Hearings requested
under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A
hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only
available when there is no district court action pending. If such action is filed in district
court while an administrative review is pending that arises out of some or all of the events
or circumstances on which the appeal is based, the administrative review must be suspended
until the judicial actions are completed. If the district court proceedings are completed,
dismissed, or overturned, the matter may be considered in an administrative hearing.

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

(d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (5), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.

(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to
whether the proposed termination of services is authorized under section 245D.10,
subdivision 3a
, paragraph (b), or 245A.11, subdivision 11, and whether the requirements
of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a,
paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of
termination of services, the scope of the hearing shall also include whether the case
management provider has finalized arrangements for a residential facility, a program, or
services that will meet the assessed needs of the recipient by the effective date of the service
termination.

(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.

(g) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.

(h) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law.

(i) Unless federal or Minnesota law specifies a different time frame in which to file an
appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition, or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.

Sec. 11.

Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 56a, is
amended to read:


Subd. 56a.

deleted text beginPost-arrestdeleted text end new text beginOfficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare new text endcoordination.

(a) Medical assistance covers deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare
new text end coordination for an individual who:

(1) has deleted text beginbeen identified as havingdeleted text end new text beginscreened positive for benefiting from treatment for new text enda
mental illness or substance use disorder using a deleted text beginscreeningdeleted text end tool approved by the commissioner;

(2) does not require the security of a public detention facility and is not considered an
inmate of a public institution as defined in Code of Federal Regulations, title 42, section
435.1010;

(3) meets the eligibility requirements in section 256B.056; and

(4) has agreed to participate in deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based deleted text beginservicedeleted text end
new text begin care new text endcoordination deleted text beginthrough a diversion contract in lieu of incarcerationdeleted text end.

(b) deleted text beginPost-arrestdeleted text endnew text begin Officer-involvednew text end community-based deleted text beginservicedeleted text end new text begincare new text endcoordination means
navigating services to address a client's mental health, chemical health, social, economic,
and housing needs, or any other activity targeted at reducing the incidence of jail utilization
and connecting individuals with existing covered services available to them, including, but
not limited to, targeted case management, waiver case management, or care coordination.

(c) deleted text beginPost-arrestdeleted text end new text beginOfficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare new text endcoordination must be
provided by an individual who is an employee of deleted text begina countydeleted text end or is under contract with a countynew text begin,
or is an employee of or under contract with an Indian health service facility or facility owned
and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638
facility
new text end to provide deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based new text begincare new text endcoordination and is
qualified under one of the following criteria:

(1) a licensed mental health professional as defined in section 245.462, subdivision 18,
clauses (1) to (6);

(2) a mental health practitioner as defined in section 245.462, subdivision 17, working
under the clinical supervision of a mental health professional; deleted text beginor
deleted text end

(3) a certified peer specialist under section 256B.0615, working under the clinical
supervision of a mental health professionalnew text begin;
new text end

new text begin (4) an individual qualified as an alcohol and drug counselor under section 254G.11,
subdivision 5; or
new text end

new text begin (5) a recovery peer qualified under section 245G.11, subdivision 8, working under the
supervision of an individual qualified as an alcohol and drug counselor under section
245G.11, subdivision 5
new text end.

(d) Reimbursement is allowed for up to 60 days following the initial determination of
eligibility.

(e) Providers of deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare new text endcoordination
shall annually report to the commissioner on the number of individuals served, and number
of the community-based services that were accessed by recipients. The commissioner shall
ensure that services and payments provided under deleted text beginpost-arrestdeleted text end new text beginofficer-involved
new text end community-based deleted text beginservicedeleted text end new text begincare new text endcoordination do not duplicate services or payments provided
under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.

deleted text begin (f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for
post-arrest community-based service coordination services shall be provided by the county
providing the services, from sources other than federal funds or funds used to match other
federal funds.
deleted text end

Sec. 12.

Minnesota Statutes 2017 Supplement, section 256B.0941, subdivision 3, is
amended to read:


Subd. 3.

Per diem rate.

(a) The commissioner shall establish a statewide per diem rate
for psychiatric residential treatment facility services for individuals 21 years of age or
younger. The rate for a provider must not exceed the rate charged by that provider for the
same service to other payers. Payment must not be made to more than one entity for each
individual for services provided under this section on a given day. The commissioner shall
set rates prospectively for the annual rate period. The commissioner shall require providers
to submit annual cost reports on a uniform cost reporting form and shall use submitted cost
reports to inform the rate-setting process. The cost reporting shall be done according to
federal requirements for Medicare cost reports.

(b) The following are included in the rate:

(1) costs necessary for licensure and accreditation, meeting all staffing standards for
participation, meeting all service standards for participation, meeting all requirements for
active treatment, maintaining medical records, conducting utilization review, meeting
inspection of care, and discharge planning. The direct services costs must be determined
using the actual cost of salaries, benefits, payroll taxes, and training of direct services staff
and service-related transportation; and

(2) payment for room and board provided by facilities meeting all accreditation and
licensing requirements for participation.

(c) A facility may submit a claim for payment outside of the per diem for professional
services arranged by and provided at the facility by an appropriately licensed professional
who is enrolled as a provider with Minnesota health care programs. Arranged services deleted text beginmust
be billed by the facility on a separate claim, and the facility shall be responsible for payment
to the provider
deleted text endnew text begin may be billed by either the facility or the licensed professionalnew text end. These services
must be included in the individual plan of care and are subject to prior authorization by the
state's medical review agent.

(d) Medicaid shall reimburse for concurrent services as approved by the commissioner
to support continuity of care and successful discharge from the facility. "Concurrent services"
means services provided by another entity or provider while the individual is admitted to a
psychiatric residential treatment facility. Payment for concurrent services may be limited
and these services are subject to prior authorization by the state's medical review agent.
Concurrent services may include targeted case management, assertive community treatment,
clinical care consultation, team consultation, and treatment planning.

(e) Payment rates under this subdivision shall not include the costs of providing the
following services:

(1) educational services;

(2) acute medical care or specialty services for other medical conditions;

(3) dental services; and

(4) pharmacy drug costs.

(f) For purposes of this section, "actual cost" means costs that are allowable, allocable,
reasonable, and consistent with federal reimbursement requirements in Code of Federal
Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and the Office of
Management and Budget Circular Number A-122, relating to nonprofit entities.

Sec. 13.

Minnesota Statutes 2016, section 641.15, subdivision 3a, is amended to read:


Subd. 3a.

Intake procedure; approved mental health screening.

As part of its intake
procedure for new deleted text beginprisonersdeleted text endnew text begin inmatesnew text end, the sheriff or local corrections shall use a mental health
screening tool approved by the commissioner of corrections in consultation with the
commissioner of human services and local corrections staff to identify persons who may
have mental illness.new text begin Names of persons who have screened positive or may have a mental
illness may be shared with the local county social services agency. The jail may refer an
offender to county personnel of the welfare system, as defined in section 13.46, subdivision
1, paragraph (c), in order to arrange for services upon discharge and may share private data
as necessary to carry out the following:
new text end

new text begin (1) providing assistance in filling out an application for medical assistance or
MinnesotaCare;
new text end

new text begin (2) making a referral for case management as outlined under section 245.467, subdivision
4;
new text end

new text begin (3) providing assistance in obtaining a state photo identification;
new text end

new text begin (4) securing a timely appointment with a psychiatrist or other appropriate community
mental health provider;
new text end

new text begin (5) providing prescriptions for a 30-day supply of all necessary medications; or
new text end

new text begin (6) behavioral health service coordination.
new text end

Sec. 14.

Laws 2017, First Special Session chapter 6, article 8, section 71, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective for services provided on July 1, 2017,
through deleted text beginApril 30, 2019, and expires May 1, 2019deleted text endnew text begin June 30, 2019, and expires July 1, 2019new text end.

Sec. 15.

Laws 2017, First Special Session chapter 6, article 8, section 72, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective for services provided on July 1, 2017,
through deleted text beginApril 30, 2019, and expires May 1, 2019deleted text endnew text begin June 30, 2019, and expires July 1, 2019new text end.

Sec. 16.

Laws 2017, First Special Session chapter 6, article 8, section 74, is amended to
read:


Sec. 74. CHILDREN'S MENTAL HEALTH REPORT AND
RECOMMENDATIONS.

The commissioner of human services shall conduct a comprehensive analysis of
Minnesota's continuum of intensive mental health services and shall develop
recommendations for a sustainable and community-driven continuum of care for children
with serious mental health needs, including children currently being served in residential
treatment. The commissioner's analysis shall include, but not be limited to:

(1) data related to access, utilization, efficacy, and outcomes for Minnesota's current
system of residential mental health treatment for a child with a severe emotional disturbance;

(2) potential expansion of the state's psychiatric residential treatment facility (PRTF)
capacity, including increasing the number of PRTF beds and conversion of existing children's
mental health residential treatment programs into PRTFs;

(3) the capacity need for PRTF and other group settings within the state if adequate
community-based alternatives are accessible, equitable, and effective statewide;

(4) recommendations for expanding alternative community-based service models to
meet the needs of a child with a serious mental health disorder who would otherwise require
residential treatment and potential service models that could be utilized, including data
related to access, utilization, efficacy, and outcomes;

(5) models of care used in other states; and

(6) analysis and specific recommendations for the design and implementation of new
service models, including analysis to inform rate setting as necessary.

The analysis shall be supported and informed by extensive stakeholder engagement.
Stakeholders include individuals who receive services, family members of individuals who
receive services, providers, counties, health plans, advocates, and others. Stakeholder
engagement shall include interviews with key stakeholders, intentional outreach to individuals
who receive services and the individual's family members, and regional listening sessions.

The commissioner shall provide a report with specific recommendations and timelines
for implementation to the legislative committees with jurisdiction over children's mental
health policy and finance by deleted text beginNovember 15, 2018deleted text endnew text begin January 15, 2019new text end.

Sec. 17. new text beginSTUDENT HEALTH INITIATIVE TO LIMIT OPIOID HARM.
new text end

new text begin Subdivision 1. new text end

new text begin Grant awards. new text end

new text begin The commissioner of human services, in consultation
with the commissioner of education, the Board of Trustees of the Minnesota State Colleges
and Universities, the Board of Directors of the Minnesota Private College Council, and the
regents of the University of Minnesota, shall develop and administer a program to award
grants to secondary school students in grades 7 through 12 and undergraduate students
attending a Minnesota postsecondary educational institution, and their community partner
or partners, to conduct opioid awareness and opioid abuse prevention activities. If a grant
proposal includes more than one community partner, the proposal must designate a primary
community partner. Grant applications must be submitted by the primary community partner
and any grant award must be managed by the primary community partner on behalf of
secondary school and undergraduate student applicants and grantees. Grants are onetime
and available to the grantee through June 30, 2021.
new text end

new text begin Subd. 2. new text end

new text begin Grant criteria. new text end

new text begin (a) Grant dollars may be used for opioid awareness campaigns
and events, education related to opioid addiction and abuse prevention, initiatives to limit
inappropriate opioid prescriptions, peer education programs targeted to students at high risk
of opioid addiction and abuse, and other related initiatives as approved by the commissioner.
Grant projects must include one or more of the following components as they relate to opioid
abuse and prevention and the role of the community partner: high-risk populations, law
enforcement, education, clinical services, or social services.
new text end

new text begin (b) The commissioner of human services shall seek to provide grant funding for at least
one proposal that addresses opioid abuse in the American Indian community.
new text end

new text begin Subd. 3. new text end

new text begin Community partners. new text end

new text begin For purposes of the grant program, community partners
may include but are not limited to public health agencies; local law enforcement; community
health centers; medical clinics; emergency medical service professionals; schools and
postsecondary educational institutions; opioid addiction, advocacy, and recovery
organizations; tribal governments; local chambers of commerce; and city councils and
county boards.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commissioner of human services shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance, K-12 education policy and finance, and higher education
policy and finance by September 1, 2019, on the implementation of the grant program and
the grants awarded under this section.
new text end

new text begin Subd. 5. new text end

new text begin Federal grants. new text end

new text begin (a) The commissioner of human services shall apply for any
federal grant funding that aligns with the purposes of this section. The commissioner shall
submit to the legislature any changes to the program established under this section that are
necessary to comply with the terms of the federal grant.
new text end

new text begin (b) The commissioner shall notify the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy and finance,
K-12 education policy and finance, and higher education policy and finance of any grant
applications submitted and any federal actions taken related to the grant applications.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 9530.6800; and 9530.6810, new text end new text begin are repealed.
new text end

ARTICLE 42

COMMUNITY SUPPORTS AND CONTINUING CARE

Section 1.

Minnesota Statutes 2017 Supplement, section 245A.03, subdivision 7, is
amended to read:


Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult
foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter
for a physical location that will not be the primary residence of the license holder for the
entire period of licensure. If a license is issued during this moratorium, and the license
holder changes the license holder's primary residence away from the physical location of
the foster care license, the commissioner shall revoke the license according to section
245A.07. The commissioner shall not issue an initial license for a community residential
setting licensed under chapter 245D. When approving an exception under this paragraph,
the commissioner shall consider the resource need determination process in paragraph (h),
the availability of foster care licensed beds in the geographic area in which the licensee
seeks to operate, the results of a person's choices during their annual assessment and service
plan review, and the recommendation of the local county board. The determination by the
commissioner is final and not subject to appeal. Exceptions to the moratorium include:

(1) foster care settings that are required to be registered under chapter 144D;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);

(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
or regional treatment center; restructuring of state-operated services that limits the capacity
of state-operated facilities; or allowing movement to the community for people who no
longer require the level of care provided in state-operated facilities as provided under section
256B.092, subdivision 13, or 256B.49, subdivision 24;

(4) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for persons requiring hospital level care;

(5) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner for the transition of people from personal care assistance to
the home and community-based services;

(6) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner for the transition of people from the residential care waiver
services to foster care services. This exception applies only when:

(i) the person's case manager provided the person with information about the choice of
service, service provider, and location of service to help the person make an informed choice;
and

(ii) the person's foster care services are less than or equal to the cost of the person's
services delivered in the residential care waiver service setting as determined by the lead
agency; deleted text beginor
deleted text end

(7) new foster care licenses or community residential setting licenses for people receiving
services under chapter 245D and residing in an unlicensed setting before May 1, 2017, and
for which a license is required. This exception does not apply to people living in their own
home. For purposes of this clause, there is a presumption that a foster care or community
residential setting license is required for services provided to three or more people in a
dwelling unit when the setting is controlled by the provider. A license holder subject to this
exception may rebut the presumption that a license is required by seeking a reconsideration
of the commissioner's determination. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter 14. The exception is available
until June 30, deleted text begin2018deleted text endnew text begin 2019new text end. This exception is available when:

(i) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and

(ii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the unlicensed
setting as determined by the lead agencydeleted text begin.deleted text endnew text begin; or
new text end

new text begin (8) a vacancy in a setting granted an exception under clause (7), created between January
1, 2017, and the date of the exception request, by the departure of a person receiving services
under chapter 245D and residing in the unlicensed setting between January 1, 2017, and
May 1, 2017. This exception is available when the lead agency provides documentation to
the commissioner on the eligibility criteria being met. This exception is available until June
30, 2019.
new text end

(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.

(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) shall be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.

(e) A resource need determination process, managed at the state level, using the available
reports required by section 144A.351, and other data and information shall be used to
determine where the reduced capacity determined under section 256B.493 will be
implemented. The commissioner shall consult with the stakeholders described in section
144A.351, and employ a variety of methods to improve the state's capacity to meet the
informed decisions of those people who want to move out of corporate foster care or
community residential settings, long-term service needs within budgetary limits, including
seeking proposals from service providers or lead agencies to change service type, capacity,
or location to improve services, increase the independence of residents, and better meet
needs identified by the long-term services and supports reports and statewide data and
information.

(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.

(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under section 256B.0915, 256B.092, or 256B.49, must inform the human services
licensing division that the license holder provides or intends to provide these waiver-funded
services.

(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493. Annually, by August 1, the commissioner shall provide
information and data on capacity of licensed long-term services and supports, actions taken
under the subdivision to manage statewide long-term services and supports resources, and
any recommendations for change to the legislative committees with jurisdiction over the
health and human services budget.

(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 29, 2018.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 245A.11, subdivision 2a, is amended
to read:


Subd. 2a.

Adult foster care and community residential setting license capacity.

(a)
The commissioner shall issue adult foster care and community residential setting licenses
with a maximum licensed capacity of four beds, including nonstaff roomers and boarders,
except that the commissioner may issue a license with a capacity of five beds, including
roomers and boarders, according to paragraphs (b) to (g).

(b) The license holder may have a maximum license capacity of five if all persons in
care are age 55 or over and do not have a serious and persistent mental illness or a
developmental disability.

(c) The commissioner may grant variances to paragraph (b) to allow a facility with a
licensed capacity of up to five persons to admit an individual under the age of 55 if the
variance complies with section 245A.04, subdivision 9, and approval of the variance is
recommended by the county in which the licensed facility is located.

(d) The commissioner may grant variances to paragraph (a) to allow the use of an
additional bed, up to five, for emergency crisis services for a person with serious and
persistent mental illness or a developmental disability, regardless of age, if the variance
complies with section 245A.04, subdivision 9, and approval of the variance is recommended
by the county in which the licensed facility is located.

(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an
additional bed, up to five, for respite services, as defined in section 245A.02, for persons
with disabilities, regardless of age, if the variance complies with sections 245A.03,
subdivision 7
, and 245A.04, subdivision 9, and approval of the variance is recommended
by the county in which the licensed facility is located. Respite care may be provided under
the following conditions:

(1) staffing ratios cannot be reduced below the approved level for the individuals being
served in the home on a permanent basis;

(2) no more than two different individuals can be accepted for respite services in any
calendar month and the total respite days may not exceed 120 days per program in any
calendar year;

(3) the person receiving respite services must have his or her own bedroom, which could
be used for alternative purposes when not used as a respite bedroom, and cannot be the
room of another person who lives in the facility; and

(4) individuals living in the facility must be notified when the variance is approved. The
provider must give 60 days' notice in writing to the residents and their legal representatives
prior to accepting the first respite placement. Notice must be given to residents at least two
days prior to service initiation, or as soon as the license holder is able if they receive notice
of the need for respite less than two days prior to initiation, each time a respite client will
be served, unless the requirement for this notice is waived by the resident or legal guardian.

(f) The commissioner may issue an adult foster care or community residential setting
license with a capacity of five adults if the fifth bed does not increase the overall statewide
capacity of licensed adult foster care or community residential setting beds in homes that
are not the primary residence of the license holder, as identified in a plan submitted to the
commissioner by the county, when the capacity is recommended by the county licensing
agency of the county in which the facility is located and if the recommendation verifies
that:

(1) the facility meets the physical environment requirements in the adult foster care
licensing rule;

(2) the five-bed living arrangement is specified for each resident in the resident's:

(i) individualized plan of care;

(ii) individual service plan under section 256B.092, subdivision 1b, if required; or

(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105,
subpart 19, if required;

(3) the license holder obtains written and signed informed consent from each resident
or resident's legal representative documenting the resident's informed choice to remain
living in the home and that the resident's refusal to consent would not have resulted in
service termination; and

(4) the facility was licensed for adult foster care before deleted text beginMarch 1, 2011deleted text endnew text begin June 30, 2016new text end.

(g) The commissioner shall not issue a new adult foster care license under paragraph (f)
after June 30, deleted text begin2019deleted text endnew text begin 2021new text end. The commissioner shall allow a facility with an adult foster care
license issued under paragraph (f) before June 30, deleted text begin2019deleted text endnew text begin 2021new text end, to continue with a capacity
of five adults if the license holder continues to comply with the requirements in paragraph
(f).

Sec. 3.

Minnesota Statutes 2017 Supplement, section 245D.03, subdivision 1, is amended
to read:


Subdivision 1.

Applicability.

(a) The commissioner shall regulate the provision of home
and community-based services to persons with disabilities and persons age 65 and older
pursuant to this chapter. The licensing standards in this chapter govern the provision of
basic support services and intensive support services.

(b) Basic support services provide the level of assistance, supervision, and care that is
necessary to ensure the health and welfare of the person and do not include services that
are specifically directed toward the training, treatment, habilitation, or rehabilitation of the
person. Basic support services include:

(1) in-home and out-of-home respite care services as defined in section 245A.02,
subdivision 15, and under the brain injury, community alternative care, community access
for disability inclusion, developmental deleted text begindisabilitydeleted text endnew text begin disabilitiesnew text end, and elderly waiver plans,
excluding out-of-home respite care provided to children in a family child foster care home
licensed under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care
license holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7,
and 8, or successor provisions; and section 245D.061 or successor provisions, which must
be stipulated in the statement of intended use required under Minnesota Rules, part
2960.3000, subpart 4;

(2) adult companion services as defined under the brain injury, community access for
disability inclusion, new text begincommunity alternative care, new text endand elderly waiver plans, excluding adult
companion services provided under the Corporation for National and Community Services
Senior Companion Program established under the Domestic Volunteer Service Act of 1973,
Public Law 98-288;

(3) personal support as defined under the developmental deleted text begindisabilitydeleted text endnew text begin disabilitiesnew text end waiver
plan;

(4) 24-hour emergency assistance, personal emergency response as defined under the
community access for disability inclusion and developmental deleted text begindisabilitydeleted text endnew text begin disabilitiesnew text end waiver
plans;

(5) night supervision services as defined under the brain injurynew text begin, community access for
disability inclusion, community alternative care, and developmental disabilities
new text end waiver deleted text beginplandeleted text endnew text begin
plans
new text end;

(6) homemaker services as defined under the community access for disability inclusion,
brain injury, community alternative care, developmental deleted text begindisabilitydeleted text endnew text begin disabilitiesnew text end, and elderly
waiver plans, excluding providers licensed by the Department of Health under chapter 144A
and those providers providing cleaning services only; and

(7) individual community living support under section 256B.0915, subdivision 3j.

(c) Intensive support services provide assistance, supervision, and care that is necessary
to ensure the health and welfare of the person and services specifically directed toward the
training, habilitation, or rehabilitation of the person. Intensive support services include:

(1) intervention services, including:

(i) deleted text beginbehavioraldeleted text endnew text begin positivenew text end support services as defined under the brain injury deleted text beginanddeleted text endnew text begin,new text end community
access for disability inclusionnew text begin, community alternative care, and developmental disabilitiesnew text end
waiver plans;

(ii) in-home or out-of-home crisis respite services as defined under the new text beginbrain injury,
community access for disability inclusion, community alternative care, and
new text enddevelopmental
deleted text begin disabilitydeleted text endnew text begin disabilitiesnew text end waiver deleted text beginplandeleted text endnew text begin plansnew text end; and

(iii) specialist services as defined under the current new text beginbrain injury, community access for
disability inclusion, community alternative care, and
new text enddevelopmental deleted text begindisabilitydeleted text endnew text begin disabilitiesnew text end
waiver deleted text beginplandeleted text endnew text begin plansnew text end;

(2) in-home support services, including:

(i) in-home family support and supported living services as defined under the
developmental deleted text begindisabilitydeleted text endnew text begin disabilitiesnew text end waiver plan;

(ii) independent living services training as defined under the brain injury and community
access for disability inclusion waiver plans;

(iii) semi-independent living services; and

(iv) individualized home supports services as defined under the brain injury, community
alternative care, and community access for disability inclusion waiver plans;

(3) residential supports and services, including:

(i) supported living services as defined under the developmental deleted text begindisabilitydeleted text endnew text begin disabilitiesnew text end
waiver plan provided in a family or corporate child foster care residence, a family adult
foster care residence, a community residential setting, or a supervised living facility;

(ii) foster care services as defined in the brain injury, community alternative care, and
community access for disability inclusion waiver plans provided in a family or corporate
child foster care residence, a family adult foster care residence, or a community residential
setting; and

(iii) residential services provided to more than four persons with developmental
disabilities in a supervised living facility, including ICFs/DD;

(4) day services, including:

(i) structured day services as defined under the brain injury waiver plan;

(ii) day training and habilitation services under sections 252.41 to 252.46, and as defined
under the developmental deleted text begindisabilitydeleted text endnew text begin disabilitiesnew text end waiver plan; and

(iii) prevocational services as defined under the brain injury and community access for
disability inclusion waiver plans; and

(5) employment exploration services as defined under the brain injury, community
alternative care, community access for disability inclusion, and developmental deleted text begindisabilitydeleted text endnew text begin
disabilities
new text end waiver plans;

(6) employment development services as defined under the brain injury, community
alternative care, community access for disability inclusion, and developmental deleted text begindisabilitydeleted text endnew text begin
disabilities
new text end waiver plans; and

(7) employment support services as defined under the brain injury, community alternative
care, community access for disability inclusion, and developmental deleted text begindisabilitydeleted text endnew text begin disabilitiesnew text end
waiver plans.

Sec. 4.

Minnesota Statutes 2016, section 245D.071, subdivision 5, is amended to read:


Subd. 5.

Service plan review and evaluation.

(a) The license holder must give the
person or the person's legal representative and case manager an opportunity to participate
in the ongoing review and development of the service plan and the methods used to support
the person and accomplish outcomes identified in subdivisions 3 and 4. new text beginAt least once per
year, or within 30 days of a written request by the person, the person's legal representative,
or the case manager,
new text endthe license holder, in coordination with the person's support team or
expanded support team, must meet with the person, the person's legal representative, and
the case manager, and participate in service plan review meetings following stated timelines
established in the person's coordinated service and support plan or coordinated service and
support plan addendum deleted text beginor within 30 days of a written request by the person, the person's
legal representative, or the case manager, at a minimum of once per year
deleted text end. The purpose of
the service plan review is to determine whether changes are needed to the service plan based
on the assessment information, the license holder's evaluation of progress towards
accomplishing outcomes, or other information provided by the support team or expanded
support team.

new text begin (b) At least once per year, the license holder, in coordination with the person's support
team or expanded support team, must meet with the person, the person's legal representative,
and the case manager to discuss how technology might be used to meet the person's desired
outcomes. The coordinated service and support plan or support plan addendum must include
a summary of this discussion. The summary must include a statement regarding any decision
made related to the use of technology and a description of any further research that must
be completed before a decision regarding the use of technology can be made. Nothing in
this paragraph requires the coordinated service and support plan to include the use of
technology for the provision of services.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end The license holder must summarize the person's status and progress toward
achieving the identified outcomes and make recommendations and identify the rationale
for changing, continuing, or discontinuing implementation of supports and methods identified
in subdivision 4 in a report available at the time of the progress review meeting. The report
must be sent at least five working days prior to the progress review meeting if requested by
the team in the coordinated service and support plan or coordinated service and support
plan addendum.

deleted text begin (c)deleted text endnew text begin (d)new text end The license holder must send the coordinated service and support plan addendum
to the person, the person's legal representative, and the case manager by mail within ten
working days of the progress review meeting. Within ten working days of the mailing of
the coordinated service and support plan addendum, the license holder must obtain dated
signatures from the person or the person's legal representative and the case manager to
document approval of any changes to the coordinated service and support plan addendum.

deleted text begin (d)deleted text endnew text begin (e)new text end If, within ten working days of submitting changes to the coordinated service and
support plan and coordinated service and support plan addendum, the person or the person's
legal representative or case manager has not signed and returned to the license holder the
coordinated service and support plan or coordinated service and support plan addendum or
has not proposed written modifications to the license holder's submission, the submission
is deemed approved and the coordinated service and support plan addendum becomes
effective and remains in effect until the legal representative or case manager submits a
written request to revise the coordinated service and support plan addendum.

Sec. 5.

Minnesota Statutes 2016, section 245D.091, subdivision 2, is amended to read:


Subd. 2.

deleted text beginBehaviordeleted text endnew text begin Positive supportnew text end professional qualifications.

A deleted text beginbehaviordeleted text endnew text begin positive
support
new text end professional providing deleted text beginbehavioraldeleted text endnew text begin positivenew text end support services as identified in section
245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the
following areas as required under the brain injury deleted text beginanddeleted text endnew text begin,new text end community access for disability
inclusionnew text begin, community alternative care, and developmental disabilitiesnew text end waiver plans or
successor plans:

(1) ethical considerations;

(2) functional assessment;

(3) functional analysis;

(4) measurement of behavior and interpretation of data;

(5) selecting intervention outcomes and strategies;

(6) behavior reduction and elimination strategies that promote least restrictive approved
alternatives;

(7) data collection;

(8) staff and caregiver training;

(9) support plan monitoring;

(10) co-occurring mental disorders or neurocognitive disorder;

(11) demonstrated expertise with populations being served; and

(12) must be a:

(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board
of Psychology competencies in the above identified areas;

(ii) clinical social worker licensed as an independent clinical social worker under chapter
148D, or a person with a master's degree in social work from an accredited college or
university, with at least 4,000 hours of post-master's supervised experience in the delivery
of clinical services in the areas identified in clauses (1) to (11);

(iii) physician licensed under chapter 147 and certified by the American Board of
Psychiatry and Neurology or eligible for board certification in psychiatry with competencies
in the areas identified in clauses (1) to (11);

(iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39
with at least 4,000 hours of post-master's supervised experience in the delivery of clinical
services who has demonstrated competencies in the areas identified in clauses (1) to (11);

(v) person with a master's degree from an accredited college or university in one of the
behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services with demonstrated competencies in the areas
identified in clauses (1) to (11); deleted text beginor
deleted text end

(vi)new text begin person with a master's degree or PhD in one of the behavioral sciences or related
fields with demonstrated expertise in positive support services; or
new text end

new text begin (vii)new text end registered nurse who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
mental health nursing by a national nurse certification organization, or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services.

Sec. 6.

Minnesota Statutes 2016, section 245D.091, subdivision 3, is amended to read:


Subd. 3.

deleted text beginBehaviordeleted text endnew text begin Positive supportnew text end analyst qualifications.

(a) A deleted text beginbehaviordeleted text endnew text begin positive
support
new text end analyst providing deleted text beginbehavioraldeleted text endnew text begin positivenew text end support services as identified in section
245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the
following areas as required under the brain injury deleted text beginanddeleted text endnew text begin,new text end community access for disability
inclusionnew text begin, community alternative care, and developmental disabilitiesnew text end waiver plans or
successor plans:

(1) have obtained a baccalaureate degree, master's degree, or PhD in a social services
discipline; deleted text beginor
deleted text end

(2) meet the qualifications of a mental health practitioner as defined in section 245.462,
subdivision 17
deleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) be a board certified behavior analyst or board certified assistant behavior analyst by
the Behavior Analyst Certification Board, Incorporated.
new text end

(b) In addition, a deleted text beginbehaviordeleted text endnew text begin positive supportnew text end analyst must:

(1) have four years of supervised experience deleted text beginworking with individuals who exhibit
challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder
deleted text endnew text begin
conducting functional behavior assessments and designing, implementing, and evaluating
effectiveness of positive practices behavior support strategies for people who exhibit
challenging behaviors as well as co-occurring mental disorders and neurocognitive disorder
new text end;

(2) have received deleted text beginten hours of instruction in functional assessment and functional analysis;deleted text endnew text begin
training prior to hire or within 90 calendar days of hire that includes:
new text end

new text begin (i) ten hours of instruction in functional assessment and functional analysis;
new text end

new text begin (ii) 20 hours of instruction in the understanding of the function of behavior;
new text end

new text begin (iii) ten hours of instruction on design of positive practices behavior support strategies;
new text end

new text begin (iv) 20 hours of instruction preparing written intervention strategies, designing data
collection protocols, training other staff to implement positive practice strategies,
summarizing and reporting program evaluation data, analyzing program evaluation data to
identify design flaws in behavioral interventions or failures in implementation fidelity, and
recommending enhancements based on evaluation data; and
new text end

new text begin (v) eight hours of instruction on principles of person-centered thinking;
new text end

deleted text begin (3) have received 20 hours of instruction in the understanding of the function of behavior;
deleted text end

deleted text begin (4) have received ten hours of instruction on design of positive practices behavior support
strategies;
deleted text end

deleted text begin (5) have received 20 hours of instruction on the use of behavior reduction approved
strategies used only in combination with behavior positive practices strategies;
deleted text end

deleted text begin (6)deleted text endnew text begin (3)new text end be determined by a deleted text beginbehaviordeleted text endnew text begin positive supportnew text end professional to have the training
and prerequisite skills required to provide positive practice strategies as well as behavior
reduction approved and permitted intervention to the person who receives deleted text beginbehavioraldeleted text endnew text begin positivenew text end
support; and

deleted text begin (7)deleted text endnew text begin (4)new text end be under the direct supervision of a deleted text beginbehaviordeleted text endnew text begin positive supportnew text end professional.

new text begin (c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraph (b).
new text end

Sec. 7.

Minnesota Statutes 2016, section 245D.091, subdivision 4, is amended to read:


Subd. 4.

deleted text beginBehaviordeleted text endnew text begin Positive supportnew text end specialist qualifications.

(a) A deleted text beginbehaviordeleted text endnew text begin positive
support
new text end specialist providing deleted text beginbehavioraldeleted text endnew text begin positivenew text end support services as identified in section
245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the
following areas as required under the brain injury deleted text beginanddeleted text endnew text begin,new text end community access for disability
inclusionnew text begin, community alternative care, and developmental disabilitiesnew text end waiver plans or
successor plans:

(1) have an associate's degree in a social services discipline; or

(2) have two years of supervised experience working with individuals who exhibit
challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder.

(b) In addition, a behavior specialist must:

(1) have receivednew text begin training prior to hire or within 90 calendar days of hire that includes:
new text end

new text begin (i)new text end a minimum of four hours of training in functional assessment;

deleted text begin (2) have receiveddeleted text endnew text begin (ii)new text end 20 hours of instruction in the understanding of the function of
behavior;

deleted text begin (3) have receiveddeleted text endnew text begin (iii)new text end ten hours of instruction on design of positive practices behavioral
support strategies;new text begin and
new text end

new text begin (iv) eight hours of instruction on principles of person-centered thinking;
new text end

deleted text begin (4)deleted text endnew text begin (2)new text end be determined by a deleted text beginbehaviordeleted text endnew text begin positive supportnew text end professional to have the training
and prerequisite skills required to provide positive practices strategies as well as behavior
reduction approved intervention to the person who receives deleted text beginbehavioraldeleted text endnew text begin positivenew text end support;
and

deleted text begin (5)deleted text endnew text begin (3)new text end be under the direct supervision of a deleted text beginbehaviordeleted text endnew text begin positive supportnew text end professional.

new text begin (c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraphs (a) and (b).
new text end

Sec. 8.

Minnesota Statutes 2016, section 256B.0659, subdivision 3a, is amended to read:


Subd. 3a.

Assessment; defined.

(a) "Assessment" means a review and evaluation of a
recipient's need for personal care assistance services conducted in person. Assessments for
personal care assistance services shall be conducted by the county public health nurse or a
certified public health nurse under contract with the county except when a long-term care
consultation assessment is being conducted for the purposes of determining a person's
eligibility for home and community-based waiver services including personal care assistance
services according to section 256B.0911. new text beginDuring the transition to MnCHOICES, a certified
assessor may complete the assessment defined in this subdivision.
new text endAn in-person assessment
must include: documentation of health status, determination of need, evaluation of service
effectiveness, identification of appropriate services, service plan development or modification,
coordination of services, referrals and follow-up to appropriate payers and community
resources, completion of required reports, recommendation of service authorization, and
consumer education. Once the need for personal care assistance services is determined under
this section, the county public health nurse or certified public health nurse under contract
with the county is responsible for communicating this recommendation to the commissioner
and the recipient. An in-person assessment must occur at least annually or when there is a
significant change in the recipient's condition or when there is a change in the need for
personal care assistance services. A service update may substitute for the annual face-to-face
assessment when there is not a significant change in recipient condition or a change in the
need for personal care assistance service. A service update may be completed by telephone,
used when there is no need for an increase in personal care assistance services, and used
for two consecutive assessments if followed by a face-to-face assessment. A service update
must be completed on a form approved by the commissioner. A service update or review
for temporary increase includes a review of initial baseline data, evaluation of service
effectiveness, redetermination of service need, modification of service plan and appropriate
referrals, update of initial forms, obtaining service authorization, and on going consumer
education. Assessments or reassessments must be completed on forms provided by the
commissioner within 30 days of a request for home care services by a recipient or responsible
party.

(b) This subdivision expires when notification is given by the commissioner as described
in section 256B.0911, subdivision 3a.

Sec. 9.

Minnesota Statutes 2016, section 256B.0659, subdivision 11, is amended to read:


Subd. 11.

Personal care assistant; requirements.

(a) A personal care assistant must
meet the following requirements:

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of
age with these additional requirements:

(i) supervision by a qualified professional every 60 days; and

(ii) employment by only one personal care assistance provider agency responsible for
compliance with current labor laws;

(2) be employed by a personal care assistance provider agency;

(3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:

(i) not disqualified under section 245C.14; or

(ii) is disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;

(4) be able to effectively communicate with the recipient and personal care assistance
provider agency;

(5) be able to provide covered personal care assistance services according to the recipient's
personal care assistance care plan, respond appropriately to recipient needs, and report
changes in the recipient's condition to the supervising qualified professional or physician;

(6) not be a consumer of personal care assistance services;

(7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;

(8) effective January 1, 2010, complete standardized training as determined by the
commissioner before completing enrollment. The training must be available in languages
other than English and to those who need accommodations due to disabilities. Personal care
assistant training must include successful completion of the following training components:
basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic
roles and responsibilities of personal care assistants including information about assistance
with lifting and transfers for recipients, emergency preparedness, orientation to positive
behavioral practices, fraud issues, and completion of time sheets. Upon completion of the
training components, the personal care assistant must demonstrate the competency to provide
assistance to recipients;

(9) complete training and orientation on the needs of the recipient; and

(10) be limited to providing and being paid for up to 275 hours per month of personal
care assistance services regardless of the number of recipients being served or the number
of personal care assistance provider agencies enrolled with. The number of hours worked
per day shall not be disallowed by the department unless in violation of the law.

(b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).

(c) Persons who do not qualify as a personal care assistant include parents, stepparents,
and legal guardians of minors; spouses; paid legal guardians of adults; family foster care
providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of
a residential setting.

new text begin (d) Personal care services qualify for the enhanced rate described in subdivision 17a if
the personal care assistant providing the services:
new text end

new text begin (1) provides services, according to the care plan in subdivision 7, to a recipient who
qualifies for 12 or more hours per day of PCA services; and
new text end

new text begin (2) satisfies the current requirements of Medicare for training and competency or
competency evaluation of home health aides or nursing assistants, as provided in the Code
of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state approved
training or competency requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 10.

Minnesota Statutes 2016, section 256B.0659, is amended by adding a subdivision
to read:


new text begin Subd. 17a. new text end

new text begin Enhanced rate. new text end

new text begin An enhanced rate of 105 percent of the rate paid for PCA
services shall be paid for services provided to persons who qualify for 12 or more hours of
PCA service per day when provided by a PCA who meets the requirements of subdivision
11, paragraph (d). The enhanced rate for PCA services includes, and is not in addition to,
any rate adjustments implemented by the commissioner on July 1, 2018, to comply with
the terms of a collective bargaining agreement between the state of Minnesota and an
exclusive representative of individual providers under section 179A.54 that provides for
wage increases for individual providers who serve participants assessed to need 12 or more
hours of PCA services per day.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 11.

Minnesota Statutes 2016, section 256B.0659, subdivision 21, is amended to read:


Subd. 21.

Requirements for provider enrollment of personal care assistance provider
agencies.

(a) All personal care assistance provider agencies must provide, at the time of
enrollment, reenrollment, and revalidation as a personal care assistance provider agency in
a format determined by the commissioner, information and documentation that includes,
but is not limited to, the following:

(1) the personal care assistance provider agency's current contact information including
address, telephone number, and e-mail address;

(2) proof of surety bond coverage. Upon new enrollment, or if the provider's Medicaid
revenue in the previous calendar year is up to and including $300,000, the provider agency
must purchase a surety bond of $50,000. If the Medicaid revenue in the previous year is
over $300,000, the provider agency must purchase a surety bond of $100,000. The surety
bond must be in a form approved by the commissioner, must be renewed annually, and must
allow for recovery of costs and fees in pursuing a claim on the bond;

(3) proof of fidelity bond coverage in the amount of $20,000;

(4) proof of workers' compensation insurance coverage;

(5) proof of liability insurance;

(6) a description of the personal care assistance provider agency's organization identifying
the names of all owners, managing employees, staff, board of directors, and the affiliations
of the directors, owners, or staff to other service providers;

(7) a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of employees; training requirements; service delivery; and
employee and consumer safety including process for notification and resolution of consumer
grievances, identification and prevention of communicable diseases, and employee
misconduct;

(8) copies of all other forms the personal care assistance provider agency uses in the
course of daily business including, but not limited to:

(i) a copy of the personal care assistance provider agency's time sheet if the time sheet
varies from the standard time sheet for personal care assistance services approved by the
commissioner, and a letter requesting approval of the personal care assistance provider
agency's nonstandard time sheet;

(ii) the personal care assistance provider agency's template for the personal care assistance
care plan; and

(iii) the personal care assistance provider agency's template for the written agreement
in subdivision 20 for recipients using the personal care assistance choice option, if applicable;

(9) a list of all training and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;

(10) documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this sectionnew text begin, including the requirements
under subdivision 11, paragraph (d), if enhanced PCA services are provided and submitted
for an enhanced rate under subdivision 17a
new text end;

(11) documentation of the agency's marketing practices;

(12) disclosure of ownership, leasing, or management of all residential properties that
is used or could be used for providing home care services;

(13) documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance services for
employee personal care assistant wages and benefits: 72.5 percent of revenue in the personal
care assistance choice option and 72.5 percent of revenue from other personal care assistance
providers. The revenue generated by the qualified professional and the reasonable costs
associated with the qualified professional shall not be used in making this calculation; and

(14) effective May 15, 2010, documentation that the agency does not burden recipients'
free exercise of their right to choose service providers by requiring personal care assistants
to sign an agreement not to work with any particular personal care assistance recipient or
for another personal care assistance provider agency after leaving the agency and that the
agency is not taking action on any such agreements or requirements regardless of the date
signed.

(b) Personal care assistance provider agencies shall provide the information specified
in paragraph (a) to the commissioner at the time the personal care assistance provider agency
enrolls as a vendor or upon request from the commissioner. The commissioner shall collect
the information specified in paragraph (a) from all personal care assistance providers
beginning July 1, 2009.

(c) All personal care assistance provider agencies shall require all employees in
management and supervisory positions and owners of the agency who are active in the
day-to-day management and operations of the agency to complete mandatory training as
determined by the commissioner before enrollment of the agency as a provider. Employees
in management and supervisory positions and owners who are active in the day-to-day
operations of an agency who have completed the required training as an employee with a
personal care assistance provider agency do not need to repeat the required training if they
are hired by another agency, if they have completed the training within the past three years.
By September 1, 2010, the required training must be available with meaningful access
according to title VI of the Civil Rights Act and federal regulations adopted under that law
or any guidance from the United States Health and Human Services Department. The
required training must be available online or by electronic remote connection. The required
training must provide for competency testing. Personal care assistance provider agency
billing staff shall complete training about personal care assistance program financial
management. This training is effective July 1, 2009. Any personal care assistance provider
agency enrolled before that date shall, if it has not already, complete the provider training
within 18 months of July 1, 2009. Any new owners or employees in management and
supervisory positions involved in the day-to-day operations are required to complete
mandatory training as a requisite of working for the agency. Personal care assistance provider
agencies certified for participation in Medicare as home health agencies are exempt from
the training required in this subdivision. When available, Medicare-certified home health
agency owners, supervisors, or managers must successfully complete the competency test.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 12.

Minnesota Statutes 2016, section 256B.0659, subdivision 24, is amended to read:


Subd. 24.

Personal care assistance provider agency; general duties.

A personal care
assistance provider agency shall:

(1) enroll as a Medicaid provider meeting all provider standards, including completion
of the required provider training;

(2) comply with general medical assistance coverage requirements;

(3) demonstrate compliance with law and policies of the personal care assistance program
to be determined by the commissioner;

(4) comply with background study requirements;

(5) verify and keep records of hours worked by the personal care assistant and qualified
professional;

(6) not engage in any agency-initiated direct contact or marketing in person, by phone,
or other electronic means to potential recipients, guardians, or family members;

(7) pay the personal care assistant and qualified professional based on actual hours of
services provided;

(8) withhold and pay all applicable federal and state taxes;

(9) deleted text begineffective January 1, 2010,deleted text end document that the agency uses a minimum of 72.5 percent
of the revenue generated by the medical assistance rate for personal care assistance services
for employee personal care assistant wages and benefits. The revenue generated by the
qualified professional and the reasonable costs associated with the qualified professional
shall not be used in making this calculation;

(10) make the arrangements and pay unemployment insurance, taxes, workers'
compensation, liability insurance, and other benefits, if any;

(11) enter into a written agreement under subdivision 20 before services are provided;

(12) report suspected neglect and abuse to the common entry point according to section
256B.0651;

(13) provide the recipient with a copy of the home care bill of rights at start of service;
deleted text begin and
deleted text end

(14) request reassessments at least 60 days prior to the end of the current authorization
for personal care assistance services, on forms provided by the commissionernew text begin; and
new text end

new text begin (15) document that the agency uses the additional revenue due to the enhanced rate under
subdivision 17a for the wages and benefits of the PCAs whose services meet the requirements
under subdivision 11, paragraph (d)
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 13.

Minnesota Statutes 2016, section 256B.0659, subdivision 28, is amended to read:


Subd. 28.

Personal care assistance provider agency; required documentation.

(a)
Required documentation must be completed and kept in the personal care assistance provider
agency file or the recipient's home residence. The required documentation consists of:

(1) employee files, including:

(i) applications for employment;

(ii) background study requests and results;

(iii) orientation records about the agency policies;

(iv) trainings completed with demonstration of competencenew text begin, including verification of
the completion of training required under subdivision 11, paragraph (d), for any billing of
the enhanced rate under subdivision 17a
new text end;

(v) supervisory visits;

(vi) evaluations of employment; and

(vii) signature on fraud statement;

(2) recipient files, including:

(i) demographics;

(ii) emergency contact information and emergency backup plan;

(iii) personal care assistance service plan;

(iv) personal care assistance care plan;

(v) month-to-month service use plan;

(vi) all communication records;

(vii) start of service information, including the written agreement with recipient; and

(viii) date the home care bill of rights was given to the recipient;

(3) agency policy manual, including:

(i) policies for employment and termination;

(ii) grievance policies with resolution of consumer grievances;

(iii) staff and consumer safety;

(iv) staff misconduct; and

(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
resolution of consumer grievances;

(4) time sheets for each personal care assistant along with completed activity sheets for
each recipient served; and

(5) agency marketing and advertising materials and documentation of marketing activities
and costs.

(b) The commissioner may assess a fine of up to $500 on provider agencies that do not
consistently comply with the requirements of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 14.

Minnesota Statutes 2017 Supplement, section 256B.0911, subdivision 1a, is
amended to read:


Subd. 1a.

Definitions.

For purposes of this section, the following definitions apply:

(a) Until additional requirements apply under paragraph (b), "long-term care consultation
services" means:

(1) intake for and access to assistance in identifying services needed to maintain an
individual in the most inclusive environment;

(2) providing recommendations for and referrals to cost-effective community services
that are available to the individual;

(3) development of an individual's person-centered community support plan;

(4) providing information regarding eligibility for Minnesota health care programs;

(5) face-to-face long-term care consultation assessments, which may be completed in a
hospital, nursing facility, intermediate care facility for persons with developmental disabilities
(ICF/DDs), regional treatment centers, or the person's current or planned residence;

(6) determination of home and community-based waiver and other service eligibility as
required under sections 256B.0913, 256B.0915, and 256B.49, including level of care
determination for individuals who need an institutional level of care as determined under
subdivision 4e, based on assessment and community support plan development, appropriate
referrals to obtain necessary diagnostic information, and including an eligibility determination
for consumer-directed community supports;

(7) providing recommendations for institutional placement when there are no
cost-effective community services available;

(8) providing access to assistance to transition people back to community settings after
institutional admission; and

(9) providing information about competitive employment, with or without supports, for
school-age youth and working-age adults and referrals to the Disability Linkage Line and
Disability Benefits 101 to ensure that an informed choice about competitive employment
can be made. For the purposes of this subdivision, "competitive employment" means work
in the competitive labor market that is performed on a full-time or part-time basis in an
integrated setting, and for which an individual is compensated at or above the minimum
wage, but not less than the customary wage and level of benefits paid by the employer for
the same or similar work performed by individuals without disabilities.

(b) Upon statewide implementation of lead agency requirements in subdivisions 2b, 2c,
and 3a, "long-term care consultation services" also means:

(1) service eligibility determination for state plan deleted text beginhome caredeleted text end services identified in:

(i) section 256B.0625, subdivisions deleted text begin7deleted text enddeleted text begin,deleted text end 19adeleted text begin,deleted text end and 19c;

(ii) consumer support grants under section 256.476; or

(iii) section 256B.85;

(2) notwithstanding provisions in Minnesota Rules, parts 9525.0004 to 9525.0024,
determination of eligibility for case management services available under sections 256B.0621,
subdivision 2
, deleted text beginparagraphdeleted text endnew text begin clausenew text end (4), and 256B.0924 deleted text beginand Minnesota Rules, part 9525.0016deleted text end;

(3) determination of institutional level of care, home and community-based service
waiver, and other service eligibility as required under section 256B.092, deleted text begindetermination of
eligibility for family support grants under section 252.32,
deleted text end semi-independent living services
under section 252.275, and day training and habilitation services under section 256B.092;
deleted text begin and
deleted text end

(4) obtaining necessary diagnostic information to determine eligibility under clauses (2)
and (3)new text begin; and
new text end

new text begin (5) notwithstanding Minnesota Rules, parts 9525.0004 to 9525.0024, initial eligibility
determination for case management services available under Minnesota Rules, part
9525.0016
new text end.

(c) "Long-term care options counseling" means the services provided by the linkage
lines as mandated by sections 256.01, subdivision 24, and 256.975, subdivision 7, and also
includes telephone assistance and follow up once a long-term care consultation assessment
has been completed.

(d) "Minnesota health care programs" means the medical assistance program under this
chapter and the alternative care program under section 256B.0913.

(e) "Lead agencies" means counties administering or tribes and health plans under
contract with the commissioner to administer long-term care consultation assessment and
support planning services.

(f) "Person-centered planning" is a process that includes the active participation of a
person in the planning of the person's services, including in making meaningful and informed
choices about the person's own goals, talents, and objectives, as well as making meaningful
and informed choices about the services the person receives. For the purposes of this section,
"informed choice" means a voluntary choice of services by a person from all available
service options based on accurate and complete information concerning all available service
options and concerning the person's own preferences, abilities, goals, and objectives. In
order for a person to make an informed choice, all available options must be developed and
presented to the person to empower the person to make decisions.

Sec. 15.

Minnesota Statutes 2017 Supplement, section 256B.0911, subdivision 3a, is
amended to read:


Subd. 3a.

Assessment and support planning.

(a) Persons requesting assessment, services
planning, or other assistance intended to support community-based living, including persons
who need assessment in order to determine waiver or alternative care program eligibility,
must be visited by a long-term care consultation team within 20 calendar days after the date
on which an assessment was requested or recommended. Upon statewide implementation
of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person
requesting personal care assistance services deleted text beginand home care nursing. The commissioner shall
provide at least a 90-day notice to lead agencies prior to the effective date of this requirement
deleted text end.
Face-to-face assessments must be conducted according to paragraphs (b) to (i).

(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified
assessors to conduct the assessment. For a person with complex health care needs, a public
health or registered nurse from the team must be consulted.

(c) The MnCHOICES assessment provided by the commissioner to lead agencies must
be used to complete a comprehensive, new text beginconversation-based,new text end person-centered assessment.
The assessment must include the health, psychological, functional, environmental, and
social needs of the individual necessary to develop a community support plan that meets
the individual's needs and preferences.

(d) The assessment must be conducted in a face-to-face new text beginconversationalnew text end interview with
the person being assessed deleted text beginanddeleted text endnew text begin.new text end The person's legal representativenew text begin must provide input during
the assessment process and may do so remotely if requested
new text end. At the request of the person,
other individuals may participate in the assessment to provide information on the needs,
strengths, and preferences of the person necessary to develop a community support plan
that ensures the person's health and safety. Except for legal representatives or family members
invited by the person, persons participating in the assessment may not be a provider of
service or have any financial interest in the provision of services. For persons who are to
be assessed for elderly waiver customized living or adult day services under section
256B.0915, with the permission of the person being assessed or the person's designated or
legal representative, the client's current or proposed provider of services may submit a copy
of the provider's nursing assessment or written report outlining its recommendations regarding
the client's care needs. The person conducting the assessment must notify the provider of
the date by which this information is to be submitted. This information shall be provided
to the person conducting the assessment prior to the assessment. For a person who is to be
assessed for waiver services under section 256B.092 or 256B.49, with the permission of
the person being assessed or the person's designated legal representative, the person's current
provider of services may submit a written report outlining recommendations regarding the
person's care needs prepared by a direct service employee with at least 20 hours of service
to that client. The person conducting the assessment or reassessment must notify the provider
of the date by which this information is to be submitted. This information shall be provided
to the person conducting the assessment and the person or the person's legal representative,
and must be considered prior to the finalization of the assessment or reassessment.

(e) The person or the person's legal representative must be provided with a written
community support plan within deleted text begin40 calendar days of the assessment visitdeleted text endnew text begin the timelines
established by the commissioner
new text end, regardless of whether the individual is eligible for
Minnesota health care programs.new text begin The timeline for completing the community support plan
and any required coordinated service and support plan must not exceed 56 calendar days
from the assessment visit.
new text end

(f) For a person being assessed for elderly waiver services under section 256B.0915, a
provider who submitted information under paragraph (d) shall receive the final written
community support plan when available and the Residential Services Workbook.

(g) The written community support plan must include:

(1) a summary of assessed needs as defined in paragraphs (c) and (d);

(2) the individual's options and choices to meet identified needs, including all available
options for case management services and providers, including service provided in a
non-disability-specific setting;

(3) identification of health and safety risks and how those risks will be addressed,
including personal risk management strategies;

(4) referral information; and

(5) informal caregiver supports, if applicable.

For a person determined eligible for state plan home care under subdivision 1a, paragraph
(b), clause (1), the person or person's representative must also receive a copy of the home
care service plan developed by the certified assessor.

(h) A person may request assistance in identifying community supports without
participating in a complete assessment. Upon a request for assistance identifying community
support, the person must be transferred or referred to long-term care options counseling
services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for
telephone assistance and follow up.

(i) The person has the right to make the final decision between institutional placement
and community placement after the recommendations have been provided, except as provided
in section 256.975, subdivision 7a, paragraph (d).

(j) The lead agency must give the person receiving assessment or support planning, or
the person's legal representative, materials, and forms supplied by the commissioner
containing the following information:

(1) written recommendations for community-based services and consumer-directed
options;

(2) documentation that the most cost-effective alternatives available were offered to the
individual. For purposes of this clause, "cost-effective" means community services and
living arrangements that cost the same as or less than institutional care. For an individual
found to meet eligibility criteria for home and community-based service programs under
section 256B.0915 or 256B.49, "cost-effectiveness" has the meaning found in the federally
approved waiver plan for each program;

(3) the need for and purpose of preadmission screening conducted by long-term care
options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects
nursing facility placement. If the individual selects nursing facility placement, the lead
agency shall forward information needed to complete the level of care determinations and
screening for developmental disability and mental illness collected during the assessment
to the long-term care options counselor using forms provided by the commissioner;

(4) the role of long-term care consultation assessment and support planning in eligibility
determination for waiver and alternative care programs, and state plan home care, case
management, and other services as defined in subdivision 1a, paragraphs (a), clause (6),
and (b);

(5) information about Minnesota health care programs;

(6) the person's freedom to accept or reject the recommendations of the team;

(7) the person's right to confidentiality under the Minnesota Government Data Practices
Act, chapter 13;

(8) the certified assessor's decision regarding the person's need for institutional level of
care as determined under criteria established in subdivision 4e and the certified assessor's
decision regarding eligibility for all services and programs as defined in subdivision 1a,
paragraphs (a), clause (6), and (b); and

(9) the person's right to appeal the certified assessor's decision regarding eligibility for
all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and
(8), and (b), and incorporating the decision regarding the need for institutional level of care
or the lead agency's final decisions regarding public programs eligibility according to section
256.045, subdivision 3. new text beginThe certified assessor must verbally communicate this appeal right
to the person and must visually point out where in the document the right to appeal is stated.
new text end

(k) Face-to-face assessment completed as part of eligibility determination for the
alternative care, elderly waiver, new text begindevelopmental disabilities, new text endcommunity access for disability
inclusion, community alternative care, and brain injury waiver programs under sections
256B.0913, 256B.0915, new text begin256B.092, new text endand 256B.49 is valid to establish service eligibility for
no more than 60 calendar days after the date of assessment.

(l) The effective eligibility start date for programs in paragraph (k) can never be prior
to the date of assessment. If an assessment was completed more than 60 days before the
effective waiver or alternative care program eligibility start date, assessment and support
plan information must be updated and documented in the department's Medicaid Management
Information System (MMIS). Notwithstanding retroactive medical assistance coverage of
state plan services, the effective date of eligibility for programs included in paragraph (k)
cannot be prior to the date the most recent updated assessment is completed.

(m) If an eligibility update is completed within 90 days of the previous face-to-face
assessment and documented in the department's Medicaid Management Information System
(MMIS), the effective date of eligibility for programs included in paragraph (k) is the date
of the previous face-to-face assessment when all other eligibility requirements are met.

(n) At the time of reassessment, the certified assessor shall assess each person receiving
waiver services currently residing in a community residential setting, or licensed adult foster
care home that is not the primary residence of the license holder, or in which the license
holder is not the primary caregiver, to determine if that person would prefer to be served in
a community-living setting as defined in section 256B.49, subdivision 23. The certified
assessor shall offer the person, through a person-centered planning process, the option to
receive alternative housing and service options.

Sec. 16.

Minnesota Statutes 2017 Supplement, section 256B.0911, subdivision 3f, is
amended to read:


Subd. 3f.

Long-term care reassessments and community support plan updates.

new text begin(a)
Prior to a face-to-face reassessment, the certified assessor must review the person's most
recent assessment.
new text end Reassessments must be tailored using the professional judgment of the
assessor to the person's known needs, strengths, preferences, and circumstances.
Reassessments provide information to support the person's informed choice and opportunities
to express choice regarding activities that contribute to quality of life, as well as information
and opportunity to identify goals related to desired employment, community activities, and
preferred living environment. Reassessments deleted text beginallow fordeleted text end new text beginrequirenew text end a review of new text beginthe most recent
assessment, review of
new text end the current new text begincoordinated service and new text endsupport plan's effectiveness,
monitoring of services, and the development of an updated person-centered community
support plan. Reassessments verify continued eligibility or offer alternatives as warranted
and provide an opportunity for quality assurance of service delivery. Face-to-face deleted text beginassessmentsdeleted text endnew text begin
reassessments
new text end must be conducted annually or as required by federal and state laws and rules.new text begin
For reassessments, the certified assessor and the individual responsible for developing the
coordinated service and support plan must ensure the continuity of care for the person
receiving services and complete the updated community support plan and the updated
coordinated service and support plan within the timelines established by the commissioner.
new text end

new text begin (b) The commissioner shall develop mechanisms for providers and case managers to
share information with the assessor to facilitate a reassessment and support planning process
tailored to the person's current needs and preferences.
new text end

Sec. 17.

Minnesota Statutes 2017 Supplement, section 256B.0911, subdivision 5, is
amended to read:


Subd. 5.

Administrative activity.

(a) The commissioner shall streamline the processes,
including timelines for when assessments need to be completed, required to provide the
services in this section and shall implement integrated solutions to automate the business
processes to the extent necessary for community support plan approval, reimbursement,
program planning, evaluation, and policy development.

(b) The commissioner of human services shall work with lead agencies responsible for
conducting long-term consultation services to modify the MnCHOICES application and
assessment policies to create efficiencies while ensuring federal compliance with medical
assistance and long-term services and supports eligibility criteria.

new text begin (c) The commissioner shall work with lead agencies responsible for conducting long-term
consultation services to develop a set of measurable benchmarks sufficient to demonstrate
quarterly improvement in the average time per assessment and other mutually agreed upon
measures of increasing efficiency. The commissioner shall collect data on these benchmarks
and provide to the lead agencies and the chairs and ranking minority members of the
legislative committees with jurisdiction over human services an annual trend analysis of
the data in order to demonstrate the commissioner's compliance with the requirements of
this subdivision.
new text end

Sec. 18.

Minnesota Statutes 2017 Supplement, section 256B.0915, subdivision 3a, is
amended to read:


Subd. 3a.

Elderly waiver cost limits.

(a) Effective on the first day of the state fiscal
year in which the resident assessment system as described in section 256R.17 for nursing
home rate determination is implemented and the first day of each subsequent state fiscal
year, the monthly limit for the cost of waivered services to an individual elderly waiver
client shall be the monthly limit of the case mix resident class to which the waiver client
would be assigned under Minnesota Rules, parts 9549.0051 to 9549.0059, in effect on the
last day of the previous state fiscal year, adjusted by any legislatively adopted home and
community-based services percentage rate adjustment. If a legislatively authorized increase
is service-specific, the monthly cost limit shall be adjusted based on the overall average
increase to the elderly waiver program.

(b) The monthly limit for the cost of waivered services under paragraph (a) to an
individual elderly waiver client assigned to a case mix classification A with:

(1) no dependencies in activities of daily living; or

(2) up to two dependencies in bathing, dressing, grooming, walking, and eating when
the dependency score in eating is three or greater as determined by an assessment performed
under section 256B.0911 shall be $1,750 per month effective on July 1, 2011, for all new
participants enrolled in the program on or after July 1, 2011. This monthly limit shall be
applied to all other participants who meet this criteria at reassessment. This monthly limit
shall be increased annually as described in paragraphs (a) and (e).

(c) If extended medical supplies and equipment or environmental modifications are or
will be purchased for an elderly waiver client, the costs may be prorated for up to 12
consecutive months beginning with the month of purchase. If the monthly cost of a recipient's
waivered services exceeds the monthly limit established in paragraph (a), (b), (d), or (e),
the annual cost of all waivered services shall be determined. In this event, the annual cost
of all waivered services shall not exceed 12 times the monthly limit of waivered services
as described in paragraph (a), (b), (d), or (e).

(d) Effective July 1, 2013, the monthly cost limit of waiver services, including any
necessary home care services described in section 256B.0651, subdivision 2, for individuals
who meet the criteria as ventilator-dependent given in section 256B.0651, subdivision 1,
paragraph (g), shall be the average of the monthly medical assistance amount established
for home care services as described in section 256B.0652, subdivision 7, and the annual
average contracted amount established by the commissioner for nursing facility services
for ventilator-dependent individuals. This monthly limit shall be increased annually as
described in paragraphs (a) and (e).

(e) Effective January 1, 2018, and each January 1 thereafter, the monthly cost limits for
elderly waiver services in effect on the previous December 31 shall be increased by the
difference between any legislatively adopted home and community-based provider rate
increases effective on January 1 or since the previous January 1 and the average statewide
percentage increase in nursing facility operating payment rates under chapter 256R, effective
the previous January 1. This paragraph shall only apply if the average statewide percentage
increase in nursing facility operating payment rates is greater than any legislatively adopted
home and community-based provider rate increases effective on January 1, or occurring
since the previous January 1.

new text begin (f) The commissioner shall approve an exception to the monthly case mix budget cap
in paragraph (a) to pay for an enhanced rate under section 256B.0659, subdivision 17a. The
exception shall not exceed 105 percent of the budget otherwise available to the person.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (f) is effective July 1, 2018, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 19.

Minnesota Statutes 2016, section 256B.0915, subdivision 6, is amended to read:


Subd. 6.

Implementation of coordinated service and support plan.

(a) Each elderly
waiver client shall be provided a copy of a written coordinated service and support plan
deleted text begin whichdeleted text endnew text begin thatnew text end:

(1) is developed new text beginwith new text endand signed by the recipient within deleted text beginten working days after the case
manager receives the assessment information and written community support plan as
described in section 256B.0911, subdivision 3a, from the certified assessor
deleted text endnew text begin the timelines
established by the commissioner. The timeline for completing the community support plan
under section 256B.0911, subdivision 3a, and the coordinated service and support plan must
not exceed 56 calendar days from the assessment visit
new text end;

(2) includes the person's need for service and identification of service needs that will be
or that are met by the person's relatives, friends, and others, as well as community services
used by the general public;

(3) reasonably ensures the health and welfare of the recipient;

(4) identifies the person's preferences for services as stated by the person or the person's
legal guardian or conservator;

(5) reflects the person's informed choice between institutional and community-based
services, as well as choice of services, supports, and providers, including available case
manager providers;

(6) identifies long-range and short-range goals for the person;

(7) identifies specific services and the amount, frequency, duration, and cost of the
services to be provided to the person based on assessed needs, preferences, and available
resources;

(8) includes information about the right to appeal decisions under section 256.045; and

(9) includes the authorized annual and estimated monthly amounts for the services.

(b) In developing the coordinated service and support plan, the case manager should
also include the use of volunteers, religious organizations, social clubs, and civic and service
organizations to support the individual in the community. The lead agency must be held
harmless for damages or injuries sustained through the use of volunteers and agencies under
this paragraph, including workers' compensation liability.

Sec. 20.

Minnesota Statutes 2016, section 256B.092, subdivision 1b, is amended to read:


Subd. 1b.

Coordinated service and support plan.

(a) Each recipient of home and
community-based waivered services shall be provided a copy of the written coordinated
service and support plan deleted text beginwhichdeleted text endnew text begin thatnew text end:

(1) is developed new text beginwith new text endand signed by the recipient within deleted text beginten working days after the case
manager receives the assessment information and written community support plan as
described in section 256B.0911, subdivision 3a, from the certified assessor
deleted text endnew text begin the timelines
established by the commissioner. The timeline for completing the community support plan
under section 256B.0911, subdivision 3a, and the coordinated service and support plan must
not exceed 56 calendar days from the assessment visit
new text end;

(2) includes the person's need for service, including identification of service needs that
will be or that are met by the person's relatives, friends, and others, as well as community
services used by the general public;

(3) reasonably ensures the health and welfare of the recipient;

(4) identifies the person's preferences for services as stated by the person, the person's
legal guardian or conservator, or the parent if the person is a minor, including the person's
choices made on self-directed options and on services and supports to achieve employment
goals;

(5) provides for an informed choice, as defined in section 256B.77, subdivision 2,
paragraph (o), of service and support providers, and identifies all available options for case
management services and providers;

(6) identifies long-range and short-range goals for the person;

(7) identifies specific services and the amount and frequency of the services to be provided
to the person based on assessed needs, preferences, and available resources. The coordinated
service and support plan shall also specify other services the person needs that are not
available;

(8) identifies the need for an individual program plan to be developed by the provider
according to the respective state and federal licensing and certification standards, and
additional assessments to be completed or arranged by the provider after service initiation;

(9) identifies provider responsibilities to implement and make recommendations for
modification to the coordinated service and support plan;

(10) includes notice of the right to request a conciliation conference or a hearing under
section 256.045;

(11) is agreed upon and signed by the person, the person's legal guardian or conservator,
or the parent if the person is a minor, and the authorized county representative;

(12) is reviewed by a health professional if the person has overriding medical needs that
impact the delivery of services; and

(13) includes the authorized annual and monthly amounts for the services.

(b) In developing the coordinated service and support plan, the case manager is
encouraged to include the use of volunteers, religious organizations, social clubs, and civic
and service organizations to support the individual in the community. The lead agency must
be held harmless for damages or injuries sustained through the use of volunteers and agencies
under this paragraph, including workers' compensation liability.

(c) Approved, written, and signed changes to a consumer's services that meet the criteria
in this subdivision shall be an addendum to that consumer's individual service plan.

Sec. 21.

Minnesota Statutes 2016, section 256B.092, subdivision 1g, is amended to read:


Subd. 1g.

Conditions not requiring development of coordinated service and support
plan.

new text begin(a) new text endUnless otherwise required by federal law, the county agency is not required to
complete a coordinated service and support plan as defined in subdivision 1b for:

(1) persons whose families are requesting respite care for their family member who
resides with them, or whose families are requesting a family support grant and are not
requesting purchase or arrangement of habilitative services; and

(2) persons with developmental disabilities, living independently without authorized
services or receiving funding for services at a rehabilitation facility as defined in section
268A.01, subdivision 6, and not in need of or requesting additional services.

new text begin (b) Unless otherwise required by federal law, the county agency is not required to conduct
or arrange for an annual needs reassessment by a certified assessor. The case manager who
works on behalf of the person to identify the person's needs and to minimize the impact of
the disability on the person's life must develop a person-centered service plan based on the
person's assessed needs and preferences. The person-centered service plan must be reviewed
annually. This paragraph applies to persons with developmental disabilities who are receiving
case management services under Minnesota Rules, part 9525.0036, and who make an
informed choice to decline an assessment under section 256B.0911.
new text end

Sec. 22.

Minnesota Statutes 2017 Supplement, section 256B.0921, is amended to read:


256B.0921 HOME AND COMMUNITY-BASED SERVICES deleted text beginINCENTIVEdeleted text endnew text begin
INNOVATION
new text end POOL.

The commissioner of human services shall develop an initiative to provide incentives
for innovation in: (1) achieving integrated competitive employment; (2) achieving integrated
competitive employment for youth under age 25 upon their graduation from school; (3)
living in the most integrated setting; and (4) other outcomes determined by the commissioner.
The commissioner shall seek requests for proposals and shall contract with one or more
entities to provide incentive payments for meeting identified outcomes.

Sec. 23.

Minnesota Statutes 2017 Supplement, section 256B.49, subdivision 13, is amended
to read:


Subd. 13.

Case management.

(a) Each recipient of a home and community-based waiver
shall be provided case management services by qualified vendors as described in the federally
approved waiver application. The case management service activities provided must include:

(1) finalizing the written coordinated service and support plan within deleted text beginten working days
after the case manager receives the plan from the certified assessor
deleted text endnew text begin the timelines established
by the commissioner. The timeline for completing the community support plan under section
256B.0911, subdivision 3a, and the coordinated service and support plan must not exceed
56 calendar days from the assessment visit
new text end;

(2) informing the recipient or the recipient's legal guardian or conservator of service
options;

(3) assisting the recipient in the identification of potential service providers and available
options for case management service and providers, including services provided in a
non-disability-specific setting;

(4) assisting the recipient to access services and assisting with appeals under section
256.045; and

(5) coordinating, evaluating, and monitoring of the services identified in the service
plan.

(b) The case manager may delegate certain aspects of the case management service
activities to another individual provided there is oversight by the case manager. The case
manager may not delegate those aspects which require professional judgment including:

(1) finalizing the coordinated service and support plan;

(2) ongoing assessment and monitoring of the person's needs and adequacy of the
approved coordinated service and support plan; and

(3) adjustments to the coordinated service and support plan.

(c) Case management services must be provided by a public or private agency that is
enrolled as a medical assistance provider determined by the commissioner to meet all of
the requirements in the approved federal waiver plans. Case management services must not
be provided to a recipient by a private agency that has any financial interest in the provision
of any other services included in the recipient's coordinated service and support plan. For
purposes of this section, "private agency" means any agency that is not identified as a lead
agency under section 256B.0911, subdivision 1a, paragraph (e).

(d) For persons who need a positive support transition plan as required in chapter 245D,
the case manager shall participate in the development and ongoing evaluation of the plan
with the expanded support team. At least quarterly, the case manager, in consultation with
the expanded support team, shall evaluate the effectiveness of the plan based on progress
evaluation data submitted by the licensed provider to the case manager. The evaluation must
identify whether the plan has been developed and implemented in a manner to achieve the
following within the required timelines:

(1) phasing out the use of prohibited procedures;

(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
timeline; and

(3) accomplishment of identified outcomes.

If adequate progress is not being made, the case manager shall consult with the person's
expanded support team to identify needed modifications and whether additional professional
support is required to provide consultation.

Sec. 24.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

(a) For purposes of this section, the following terms have the
meanings given them, unless the context clearly indicates otherwise.

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

(c) "Component value" means underlying factors that are part of the cost of providing
services that are built into the waiver rates methodology to calculate service rates.

(d) "Customized living tool" means a methodology for setting service rates that delineates
and documents the amount of each component service included in a recipient's customized
living service plan.

(e)new text begin "Direct care staff" means employees providing direct service provision to people
receiving services under this section. Direct care staff does not include executive, managerial,
and administrative staff.
new text end

new text begin (f)new text end "Disability waiver rates system" means a statewide system that establishes rates that
are based on uniform processes and captures the individualized nature of waiver services
and recipient needs.

deleted text begin (f)deleted text endnew text begin (g)new text end "Individual staffing" means the time spent as a one-to-one interaction specific to
an individual recipient by staff to provide direct support and assistance with activities of
daily living, instrumental activities of daily living, and training to participants, and is based
on the requirements in each individual's coordinated service and support plan under section
245D.02, subdivision 4b; any coordinated service and support plan addendum under section
245D.02, subdivision 4c; and an assessment tool. Provider observation of an individual's
needs must also be considered.

deleted text begin (g)deleted text endnew text begin (h)new text end "Lead agency" means a county, partnership of counties, or tribal agency charged
with administering waivered services under sections 256B.092 and 256B.49.

deleted text begin (h)deleted text endnew text begin (i)new text end "Median" means the amount that divides distribution into two equal groups,
one-half above the median and one-half below the median.

deleted text begin (i)deleted text endnew text begin (j)new text end "Payment or rate" means reimbursement to an eligible provider for services
provided to a qualified individual based on an approved service authorization.

deleted text begin (j)deleted text endnew text begin (k)new text end "Rates management system" means a Web-based software application that uses
a framework and component values, as determined by the commissioner, to establish service
rates.

deleted text begin (k)deleted text endnew text begin (l)new text end "Recipient" means a person receiving home and community-based services funded
under any of the disability waivers.

deleted text begin (l)deleted text endnew text begin (m)new text end "Shared staffing" means time spent by employees, not defined under paragraph
deleted text begin (f)deleted text endnew text begin (g)new text end, providing or available to provide more than one individual with direct support and
assistance with activities of daily living as defined under section 256B.0659, subdivision
1
, paragraph (b); instrumental activities of daily living as defined under section 256B.0659,
subdivision 1, paragraph (i); ancillary activities needed to support individual services; and
training to participants, and is based on the requirements in each individual's coordinated
service and support plan under section 245D.02, subdivision 4b; any coordinated service
and support plan addendum under section 245D.02, subdivision 4c; an assessment tool; and
provider observation of an individual's service need. Total shared staffing hours are divided
proportionally by the number of individuals who receive the shared service provisions.

deleted text begin (m)deleted text endnew text begin (n)new text end "Staffing ratio" means the number of recipients a service provider employee
supports during a unit of service based on a uniform assessment tool, provider observation,
case history, and the recipient's services of choice, and not based on the staffing ratios under
section 245D.31.

deleted text begin (n)deleted text endnew text begin (o)new text end "Unit of service" means the following:

(1) for residential support services under subdivision 6, a unit of service is a day. Any
portion of any calendar day, within allowable Medicaid rules, where an individual spends
time in a residential setting is billable as a day;

(2) for day services under subdivision 7:

(i) for day training and habilitation services, a unit of service is either:

(A) a day unit of service is defined as six or more hours of time spent providing direct
services and transportation; or

(B) a partial day unit of service is defined as fewer than six hours of time spent providing
direct services and transportation; and

(C) for new day service recipients after January 1, 2014, 15 minute units of service must
be used for fewer than six hours of time spent providing direct services and transportation;

(ii) for adult day and structured day services, a unit of service is a day or 15 minutes. A
day unit of service is six or more hours of time spent providing direct services;

(iii) for prevocational services, a unit of service is a day or an hour. A day unit of service
is six or more hours of time spent providing direct service;

(3) for unit-based services with programming under subdivision 8:

(i) for supported living services, a unit of service is a day or 15 minutes. When a day
rate is authorized, any portion of a calendar day where an individual receives services is
billable as a day; and

(ii) for all other services, a unit of service is 15 minutes; and

(4) for unit-based services without programming under subdivision 9, a unit of service
is 15 minutes.

Sec. 25.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 3, is
amended to read:


Subd. 3.

Applicable services.

Applicable services are those authorized under the state's
home and community-based services waivers under sections 256B.092 and 256B.49,
including the following, as defined in the federally approved home and community-based
services plan:

(1) 24-hour customized living;

(2) adult day care;

(3) adult day care bath;

deleted text begin (4) behavioral programming;
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end companion services;

deleted text begin (6)deleted text endnew text begin (5)new text end customized living;

deleted text begin (7)deleted text endnew text begin (6)new text end day training and habilitation;

new text begin (7) employment development services;
new text end

new text begin (8) employment exploration services;
new text end

new text begin (9) employment support services;
new text end

deleted text begin (8)deleted text endnew text begin (10)new text end housing access coordination;

deleted text begin (9)deleted text endnew text begin (11)new text end independent living skills;

new text begin (12) independent living skills specialist services;
new text end

new text begin (13) individualized home supports;
new text end

deleted text begin (10)deleted text endnew text begin (14)new text end in-home family support;

deleted text begin (11)deleted text endnew text begin (15)new text end night supervision;

deleted text begin (12)deleted text endnew text begin (16)new text end personal support;

new text begin (17) positive support service;
new text end

deleted text begin (13)deleted text endnew text begin (18)new text end prevocational services;

deleted text begin (14)deleted text endnew text begin (19)new text end residential care services;

deleted text begin (15)deleted text endnew text begin (20)new text end residential support services;

deleted text begin (16)deleted text endnew text begin (21)new text end respite services;

deleted text begin (17)deleted text endnew text begin (22)new text end structured day services;

deleted text begin (18)deleted text endnew text begin (23)new text end supported employment services;

deleted text begin (19)deleted text endnew text begin (24)new text end supported living services;

deleted text begin (20)deleted text endnew text begin (25)new text end transportation services;

deleted text begin (21) individualized home supports;
deleted text end

deleted text begin (22) independent living skills specialist services;
deleted text end

deleted text begin (23) employment exploration services;
deleted text end

deleted text begin (24) employment development services;
deleted text end

deleted text begin (25) employment support services;deleted text end and

(26) other services as approved by the federal government in the state home and
community-based services plan.

Sec. 26.

Minnesota Statutes 2016, section 256B.4914, subdivision 4, is amended to read:


Subd. 4.

Data collection for rate determination.

(a) Rates for applicable home and
community-based waivered services, including rate exceptions under subdivision 12, are
set by the rates management system.

(b) Data for services under section 256B.4913, subdivision 4a, shall be collected in a
manner prescribed by the commissioner.

(c) Data and information in the rates management system may be used to calculate an
individual's rate.

(d) Service providers, with information from the community support plan and oversight
by lead agencies, shall provide values and information needed to calculate an individual's
rate into the rates management system. The determination of service levels must be part of
a discussion with members of the support team as defined in section 245D.02, subdivision
34
. This discussion must occur prior to the final establishment of each individual's rate. The
values and information include:

(1) shared staffing hours;

(2) individual staffing hours;

(3) direct registered nurse hours;

(4) direct licensed practical nurse hours;

(5) staffing ratios;

(6) information to document variable levels of service qualification for variable levels
of reimbursement in each framework;

(7) shared or individualized arrangements for unit-based services, including the staffing
ratio;

(8) number of trips and miles for transportation services; and

(9) service hours provided through monitoring technology.

(e) Updates to individual data must include:

(1) data for each individual that is updated annually when renewing service plans; and

(2) requests by individuals or lead agencies to update a rate whenever there is a change
in an individual's service needs, with accompanying documentation.

(f) Lead agencies shall review and approve all services reflecting each individual's needs,
and the values to calculate the final payment rate for services with variables under
subdivisions 6, 7, 8, and 9 for each individual. Lead agencies must notify the individual and
the service provider of the final agreed-upon values and rate, and provide information that
is identical to what was entered into the rates management system. If a value used was
mistakenly or erroneously entered and used to calculate a rate, a provider may petition lead
agencies to correct it. Lead agencies must respond to these requests. When responding to
the request, the lead agency must consider:

(1) meeting the health and welfare needs of the individual or individuals receiving
services by service site, identified in their coordinated service and support plan under section
245D.02, subdivision 4b, and any addendum under section 245D.02, subdivision 4c;

(2) meeting the requirements for staffing under subdivision 2, paragraphs deleted text begin(f)deleted text endnew text begin (g)new text end, deleted text begin(i)deleted text endnew text begin (m)new text end,
and deleted text begin(m)deleted text endnew text begin (n)new text end; and meeting or exceeding the licensing standards for staffing required under
section 245D.09, subdivision 1; and

(3) meeting the staffing ratio requirements under subdivision 2, paragraph (n), and
meeting or exceeding the licensing standards for staffing required under section 245D.31.

Sec. 27.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 5, is
amended to read:


Subd. 5.

Base wage index and standard component values.

(a) The base wage index
is established to determine staffing costs associated with providing services to individuals
receiving home and community-based services. For purposes of developing and calculating
the proposed base wage, Minnesota-specific wages taken from job descriptions and standard
occupational classification (SOC) codes from the Bureau of Labor Statistics as defined in
the most recent edition of the Occupational Handbook must be used. The base wage index
must be calculated as follows:

(1) for residential direct care staff, the sum of:

(i) 15 percent of the subtotal of 50 percent of the median wage for personal and home
health aide (SOC code 39-9021); 30 percent of the median wage for nursing assistant (SOC
code 31-1014); and 20 percent of the median wage for social and human services aide (SOC
code 21-1093); and

(ii) 85 percent of the subtotal of 20 percent of the median wage for home health aide
(SOC code 31-1011); 20 percent of the median wage for personal and home health aide
(SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code
31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053);
and 20 percent of the median wage for social and human services aide (SOC code 21-1093);

(2) for day services, 20 percent of the median wage for nursing assistant (SOC code
31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053);
and 60 percent of the median wage for social and human services aide (SOC code 21-1093);

(3) for residential asleep-overnight staff, the wage is the minimum wage in Minnesota
for large employers, except in a family foster care setting, the wage is 36 percent of the
minimum wage in Minnesota for large employers;

(4) for behavior program analyst staff, 100 percent of the median wage for mental health
counselors (SOC code 21-1014);

(5) for behavior program professional staff, 100 percent of the median wage for clinical
counseling and school psychologist (SOC code 19-3031);

(6) for behavior program specialist staff, 100 percent of the median wage for psychiatric
technicians (SOC code 29-2053);

(7) for supportive living services staff, 20 percent of the median wage for nursing assistant
(SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code
29-2053); and 60 percent of the median wage for social and human services aide (SOC code
21-1093);

(8) for housing access coordination staff, 100 percent of the median wage for community
and social services specialist (SOC code 21-1099);

(9) for in-home family support staff, 20 percent of the median wage for nursing aide
(SOC code 31-1012); 30 percent of the median wage for community social service specialist
(SOC code 21-1099); 40 percent of the median wage for social and human services aide
(SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC
code 29-2053);

(10) for individualized home supports services staff, 40 percent of the median wage for
community social service specialist (SOC code 21-1099); 50 percent of the median wage
for social and human services aide (SOC code 21-1093); and ten percent of the median
wage for psychiatric technician (SOC code 29-2053);

(11) for independent living skills staff, 40 percent of the median wage for community
social service specialist (SOC code 21-1099); 50 percent of the median wage for social and
human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric
technician (SOC code 29-2053);

(12) for independent living skills specialist staff, 100 percent of mental health and
substance abuse social worker (SOC code 21-1023);

(13) for supported employment staff, 20 percent of the median wage for nursing assistant
(SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code
29-2053); and 60 percent of the median wage for social and human services aide (SOC code
21-1093);

(14) for employment support services staff, 50 percent of the median wage for
rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for
community and social services specialist (SOC code 21-1099);

(15) for employment exploration services staff, 50 percent of the median wage for
rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for
community and social services specialist (SOC code 21-1099);

(16) for employment development services staff, 50 percent of the median wage for
education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent
of the median wage for community and social services specialist (SOC code 21-1099);

(17) for adult companion staff, 50 percent of the median wage for personal and home
care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant
(SOC code 31-1014);

(18) for night supervision staff, 20 percent of the median wage for home health aide
(SOC code 31-1011); 20 percent of the median wage for personal and home health aide
(SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code
31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053);
and 20 percent of the median wage for social and human services aide (SOC code 21-1093);

(19) for respite staff, 50 percent of the median wage for personal and home care aide
(SOC code 39-9021); and 50 percent of the median wage for nursing assistant (SOC code
31-1014);

(20) for personal support staff, 50 percent of the median wage for personal and home
care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant
(SOC code 31-1014);

(21) for supervisory staff, 100 percent of the median wage for community and social
services specialist (SOC code 21-1099), with the exception of the supervisor of behavior
professional, behavior analyst, and behavior specialists, which is 100 percent of the median
wage for clinical counseling and school psychologist (SOC code 19-3031);

(22) for registered nurse staff, 100 percent of the median wage for registered nurses
(SOC code 29-1141); and

(23) for licensed practical nurse staff, 100 percent of the median wage for licensed
practical nurses (SOC code 29-2061).

(b) Component values for residential support services are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) general administrative support ratio: 13.25 percent;

(5) program-related expense ratio: 1.3 percent; and

(6) absence and utilization factor ratio: 3.9 percent.

(c) Component values for family foster care are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) general administrative support ratio: 3.3 percent;

(5) program-related expense ratio: 1.3 percent; and

(6) absence factor: 1.7 percent.

(d) Component values for day services for all services are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) program plan support ratio: 5.6 percent;

(5) client programming and support ratio: ten percent;

(6) general administrative support ratio: 13.25 percent;

(7) program-related expense ratio: 1.8 percent; and

(8) absence and utilization factor ratio: 9.4 percent.

(e) Component values for unit-based services with programming are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) program plan supports ratio: 15.5 percent;

(5) client programming and supports ratio: 4.7 percent;

(6) general administrative support ratio: 13.25 percent;

(7) program-related expense ratio: 6.1 percent; and

(8) absence and utilization factor ratio: 3.9 percent.

(f) Component values for unit-based services without programming except respite are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) program plan support ratio: 7.0 percent;

(5) client programming and support ratio: 2.3 percent;

(6) general administrative support ratio: 13.25 percent;

(7) program-related expense ratio: 2.9 percent; and

(8) absence and utilization factor ratio: 3.9 percent.

(g) Component values for unit-based services without programming for respite are:

(1) supervisory span of control ratio: 11 percent;

(2) employee vacation, sick, and training allowance ratio: 8.71 percent;

(3) employee-related cost ratio: 23.6 percent;

(4) general administrative support ratio: 13.25 percent;

(5) program-related expense ratio: 2.9 percent; and

(6) absence and utilization factor ratio: 3.9 percent.

(h) On July 1, 2017, the commissioner shall update the base wage index in paragraph
(a) based on the wage data by standard occupational code (SOC) from the Bureau of Labor
Statistics available on December 31, 2016. The commissioner shall publish these updated
values and load them into the rate management system. On July 1, 2022, and every deleted text beginfivedeleted text endnew text begin twonew text end
years thereafter, the commissioner shall update the base wage index in paragraph (a) based
on the deleted text beginmost recently availabledeleted text end wage data by SOC from the Bureau of Labor Statisticsnew text begin
available on December 31 of the year two years prior to the scheduled update
new text end. The
commissioner shall publish these updated values and load them into the rate management
system.

(i) On July 1, 2017, the commissioner shall update the framework components in
paragraph (d), clause (5); paragraph (e), clause (5); and paragraph (f), clause (5); subdivision
6, clauses (8) and (9); and subdivision 7, clauses (10), (16), and (17), for changes in the
Consumer Price Index. The commissioner will adjust these values higher or lower by the
percentage change in the Consumer Price Index-All Items, United States city average
(CPI-U) from January 1, 2014, to January 1, 2017. The commissioner shall publish these
updated values and load them into the rate management system. On July 1, 2022, and every
deleted text begin fivedeleted text endnew text begin twonew text end years thereafter, the commissioner shall update the framework components in
paragraph (d), clause (5); paragraph (e), clause (5); and paragraph (f), clause (5); subdivision
6, clauses (8) and (9); and subdivision 7, clauses (10), (16), and (17), for changes in the
Consumer Price Index. The commissioner shall adjust these values higher or lower by the
percentage change in the CPI-U from the date of the previous update to the deleted text begindate of thedeleted text end data
deleted text begin most recentlydeleted text end availablenew text begin on December 31 of the year two yearsnew text end prior to the scheduled update.
The commissioner shall publish these updated values and load them into the rate management
system.

(j) In this subdivision, if Bureau of Labor Statistics occupational codes or Consumer
Price Index items are unavailable in the future, the commissioner shall recommend to the
legislature codes or items to update and replace missing component values.

new text begin (k) The commissioner shall increase the updated base wage index in paragraph (h) with
a competitive workforce factor as follows:
new text end

new text begin (1) effective January 1, 2019, or upon federal approval, whichever is later, the competitive
workforce factor is 8.35 percent;
new text end

new text begin (2) effective July 1, 2019, the competitive workforce factor is decreased to 4.55 percent;
and
new text end

new text begin (3) effective July 1, 2022, the competitive workforce factor is increased to 5.55 percent.
new text end

new text begin The lead agencies must implement the competitive workforce factor on the dates listed in
clauses (1) and (2) and not as reassessments, reauthorizations, or service plan renewals
occur. Lead agencies must implement adjustments to the competitive workforce factor in
clause (3) in conjunction with the base wage index updates required in paragraph (h) as
reassessments, reauthorizations, or service plan renewals occur.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin (a) The amendments to paragraphs (h) and (i) are effective July
1, 2022, or upon federal approval, whichever is later. The commissioner shall inform the
revisor of statutes when federal approval is obtained.
new text end

new text begin (b) Paragraph (k) is effective January 1, 2019, or upon federal approval, whichever is
later. The commissioner shall inform the revisor of statutes when federal approval is obtained.
new text end

Sec. 28.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 6, is
amended to read:


Subd. 6.

Payments for residential support services.

(a) Payments for residential support
services, as defined in sections 256B.092, subdivision 11, and 256B.49, subdivision 22,
must be calculated as follows:

(1) determine the number of shared staffing and individual direct staff hours to meet a
recipient's needs provided on site or through monitoring technology;

(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rates or rates derived by the commissioner as provided in subdivision
5. This is defined as the direct-care rate;

(3) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (2). This is defined as the customized direct-care rate;

(4) multiply the number of shared and individual direct staff hours provided on site or
through monitoring technology and nursing hours by the appropriate staff wages in
subdivision 5, paragraph (a), or the customized direct-care rate;

(5) multiply the number of shared and individual direct staff hours provided on site or
through monitoring technology and nursing hours by the product of the supervision span
of control ratio in subdivision 5, paragraph (b), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);

(6) combine the results of clauses (4) and (5), excluding any shared and individual direct
staff hours provided through monitoring technology, and multiply the result by one plus
the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (b),
clause (2). This is defined as the direct staffing cost;

(7) for employee-related expenses, multiply the direct staffing cost, excluding any shared
and individual direct staff hours provided through monitoring technology, by one plus the
employee-related cost ratio in subdivision 5, paragraph (b), clause (3);

(8) for client programming and supports, the commissioner shall add $2,179; and

(9) for transportation, if provided, the commissioner shall add $1,680, or $3,000 if
customized for adapted transport, based on the resident with the highest assessed need.

(b) The total rate must be calculated using the following steps:

(1) subtotal paragraph (a), clauses (7) to (9), and the direct staffing cost of any shared
and individual direct staff hours provided through monitoring technology that was excluded
in clause (7);

(2) sum the standard general and administrative rate, the program-related expense ratio,
and the absence and utilization ratio;new text begin and
new text end

(3) divide the result of clause (1) by one minus the result of clause (2). This is the total
payment amountdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (4) adjust the result of clause (3) by a factor to be determined by the commissioner to
adjust for regional differences in the cost of providing services.
deleted text end

(c) The payment methodology for customized living, 24-hour customized living, and
residential care services must be the customized living tool. Revisions to the customized
living tool must be made to reflect the services and activities unique to disability-related
recipient needs.

(d) For individuals enrolled prior to January 1, 2014, the days of service authorized must
meet or exceed the days of service used to convert service agreements in effect on December
1, 2013, and must not result in a reduction in spending or service utilization due to conversion
during the implementation period under section 256B.4913, subdivision 4a. If during the
implementation period, an individual's historical rate, including adjustments required under
section 256B.4913, subdivision 4a, paragraph (c), is equal to or greater than the rate
determined in this subdivision, the number of days authorized for the individual is 365.

(e) The number of days authorized for all individuals enrolling after January 1, 2014,
in residential services must include every day that services start and end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 29.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 7, is
amended to read:


Subd. 7.

Payments for day programs.

Payments for services with day programs
including adult day care, day treatment and habilitation, prevocational services, and structured
day services must be calculated as follows:

(1) determine the number of units of service and staffing ratio to meet a recipient's needs:

(i) the staffing ratios for the units of service provided to a recipient in a typical week
must be averaged to determine an individual's staffing ratio; and

(ii) the commissioner, in consultation with service providers, shall develop a uniform
staffing ratio worksheet to be used to determine staffing ratios under this subdivision;

(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rates or rates derived by the commissioner as provided in subdivision
5;

(3) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (2). This is defined as the customized direct-care rate;

(4) multiply the number of day program direct staff hours and nursing hours by the
appropriate staff wage in subdivision 5, paragraph (a), or the customized direct-care rate;

(5) multiply the number of day direct staff hours by the product of the supervision span
of control ratio in subdivision 5, paragraph (d), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);

(6) combine the results of clauses (4) and (5), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (d), clause
(2). This is defined as the direct staffing rate;

(7) for program plan support, multiply the result of clause (6) by one plus the program
plan support ratio in subdivision 5, paragraph (d), clause (4);

(8) for employee-related expenses, multiply the result of clause (7) by one plus the
employee-related cost ratio in subdivision 5, paragraph (d), clause (3);

(9) for client programming and supports, multiply the result of clause (8) by one plus
the client programming and support ratio in subdivision 5, paragraph (d), clause (5);

(10) for program facility costs, add $19.30 per week with consideration of staffing ratios
to meet individual needs;

(11) for adult day bath services, add $7.01 per 15 minute unit;

(12) this is the subtotal rate;

(13) sum the standard general and administrative rate, the program-related expense ratio,
and the absence and utilization factor ratio;

(14) divide the result of clause (12) by one minus the result of clause (13). This is the
total payment amount;

deleted text begin (15) adjust the result of clause (14) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services;
deleted text end

deleted text begin (16)deleted text end new text begin(15) new text endfor transportation provided as part of day training and habilitation for an
individual who does not require a lift, add:

(i) $10.50 for a trip between zero and ten miles for a nonshared ride in a vehicle without
a lift, $8.83 for a shared ride in a vehicle without a lift, and $9.25 for a shared ride in a
vehicle with a lift;

(ii) $15.75 for a trip between 11 and 20 miles for a nonshared ride in a vehicle without
a lift, $10.58 for a shared ride in a vehicle without a lift, and $11.88 for a shared ride in a
vehicle with a lift;

(iii) $25.75 for a trip between 21 and 50 miles for a nonshared ride in a vehicle without
a lift, $13.92 for a shared ride in a vehicle without a lift, and $16.88 for a shared ride in a
vehicle with a lift; or

(iv) $33.50 for a trip of 51 miles or more for a nonshared ride in a vehicle without a lift,
$16.50 for a shared ride in a vehicle without a lift, and $20.75 for a shared ride in a vehicle
with a lift;new text begin and
new text end

deleted text begin (17)deleted text endnew text begin (16)new text end for transportation provided as part of day training and habilitation for an
individual who does require a lift, add:

(i) $19.05 for a trip between zero and ten miles for a nonshared ride in a vehicle with a
lift, and $15.05 for a shared ride in a vehicle with a lift;

(ii) $32.16 for a trip between 11 and 20 miles for a nonshared ride in a vehicle with a
lift, and $28.16 for a shared ride in a vehicle with a lift;

(iii) $58.76 for a trip between 21 and 50 miles for a nonshared ride in a vehicle with a
lift, and $58.76 for a shared ride in a vehicle with a lift; or

(iv) $80.93 for a trip of 51 miles or more for a nonshared ride in a vehicle with a lift,
and $80.93 for a shared ride in a vehicle with a lift.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 30.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 8, is
amended to read:


Subd. 8.

Payments for unit-based services with programming.

Payments for unit-based
services with programming, including behavior programming, housing access coordination,
in-home family support, independent living skills training, independent living skills specialist
services, individualized home supports, hourly supported living services, employment
exploration services, employment development services, supported employment, and
employment support services provided to an individual outside of any day or residential
service plan must be calculated as follows, unless the services are authorized separately
under subdivision 6 or 7:

(1) determine the number of units of service to meet a recipient's needs;

(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rates or rates derived by the commissioner as provided in subdivision
5;

(3) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (2). This is defined as the customized direct-care rate;

(4) multiply the number of direct staff hours by the appropriate staff wage in subdivision
5, paragraph (a), or the customized direct-care rate;

(5) multiply the number of direct staff hours by the product of the supervision span of
control ratio in subdivision 5, paragraph (e), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);

(6) combine the results of clauses (4) and (5), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (e), clause
(2). This is defined as the direct staffing rate;

(7) for program plan support, multiply the result of clause (6) by one plus the program
plan supports ratio in subdivision 5, paragraph (e), clause (4);

(8) for employee-related expenses, multiply the result of clause (7) by one plus the
employee-related cost ratio in subdivision 5, paragraph (e), clause (3);

(9) for client programming and supports, multiply the result of clause (8) by one plus
the client programming and supports ratio in subdivision 5, paragraph (e), clause (5);

(10) this is the subtotal rate;

(11) sum the standard general and administrative rate, the program-related expense ratio,
and the absence and utilization factor ratio;

(12) divide the result of clause (10) by one minus the result of clause (11). This is the
total payment amount;new text begin and
new text end

(13) for supported employment provided in a shared manner, divide the total payment
amount in clause (12) by the number of service recipients, not to exceed three. For
employment support services provided in a shared manner, divide the total payment amount
in clause (12) by the number of service recipients, not to exceed six. For independent living
skills training and individualized home supports provided in a shared manner, divide the
total payment amount in clause (12) by the number of service recipients, not to exceed twodeleted text begin;
and
deleted text endnew text begin.
new text end

deleted text begin (14) adjust the result of clause (13) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 31.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 9, is
amended to read:


Subd. 9.

Payments for unit-based services without programming.

Payments for
unit-based services without programming, including night supervision, personal support,
respite, and companion care provided to an individual outside of any day or residential
service plan must be calculated as follows unless the services are authorized separately
under subdivision 6 or 7:

(1) for all services except respite, determine the number of units of service to meet a
recipient's needs;

(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;

(3) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (2). This is defined as the customized direct care rate;

(4) multiply the number of direct staff hours by the appropriate staff wage in subdivision
5 or the customized direct care rate;

(5) multiply the number of direct staff hours by the product of the supervision span of
control ratio in subdivision 5, paragraph (f), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);

(6) combine the results of clauses (4) and (5), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (f), clause
(2). This is defined as the direct staffing rate;

(7) for program plan support, multiply the result of clause (6) by one plus the program
plan support ratio in subdivision 5, paragraph (f), clause (4);

(8) for employee-related expenses, multiply the result of clause (7) by one plus the
employee-related cost ratio in subdivision 5, paragraph (f), clause (3);

(9) for client programming and supports, multiply the result of clause (8) by one plus
the client programming and support ratio in subdivision 5, paragraph (f), clause (5);

(10) this is the subtotal rate;

(11) sum the standard general and administrative rate, the program-related expense ratio,
and the absence and utilization factor ratio;

(12) divide the result of clause (10) by one minus the result of clause (11). This is the
total payment amount;

(13) for respite services, determine the number of day units of service to meet an
individual's needs;

(14) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;

(15) for a recipient requiring deaf and hard-of-hearing customization under subdivision
12, add the customization rate provided in subdivision 12 to the result of clause (14). This
is defined as the customized direct care rate;

(16) multiply the number of direct staff hours by the appropriate staff wage in subdivision
5, paragraph (a);

(17) multiply the number of direct staff hours by the product of the supervisory span of
control ratio in subdivision 5, paragraph (g), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);

(18) combine the results of clauses (16) and (17), and multiply the result by one plus
the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (g),
clause (2). This is defined as the direct staffing rate;

(19) for employee-related expenses, multiply the result of clause (18) by one plus the
employee-related cost ratio in subdivision 5, paragraph (g), clause (3);

(20) this is the subtotal rate;

(21) sum the standard general and administrative rate, the program-related expense ratio,
and the absence and utilization factor ratio;new text begin and
new text end

(22) divide the result of clause (20) by one minus the result of clause (21). This is the
total payment amountdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (23) adjust the result of clauses (12) and (22) by a factor to be determined by the
commissioner to adjust for regional differences in the cost of providing services.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 32.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 10, is
amended to read:


Subd. 10.

Updating payment values and additional information.

(a) From January
1, 2014, through December 31, 2017, the commissioner shall develop and implement uniform
procedures to refine terms and adjust values used to calculate payment rates in this section.

(b) No later than July 1, 2014, the commissioner shall, within available resources, begin
to conduct research and gather data and information from existing state systems or other
outside sources on the following items:

(1) differences in the underlying cost to provide services and care across the state; and

(2) mileage, vehicle type, lift requirements, incidents of individual and shared rides, and
units of transportation for all day services, which must be collected from providers using
the rate management worksheet and entered into the rates management system; and

(3) the distinct underlying costs for services provided by a license holder under sections
245D.05, 245D.06, 245D.07, 245D.071, 245D.081, and 245D.09, and for services provided
by a license holder certified under section 245D.33.

(c) Beginning January 1, 2014, through December 31, 2018, using a statistically valid
set of rates management system data, the commissioner, in consultation with stakeholders,
shall analyze for each service the average difference in the rate on December 31, 2013, and
the framework rate at the individual, provider, lead agency, and state levels. The
commissioner shall issue semiannual reports to the stakeholders on the difference in rates
by service and by county during the banding period under section 256B.4913, subdivision
4a
. The commissioner shall issue the first report by October 1, 2014, and the final report
shall be issued by December 31, 2018.

(d) No later than July 1, 2014, the commissioner, in consultation with stakeholders, shall
begin the review and evaluation of the following values already in subdivisions 6 to 9, or
issues that impact all services, including, but not limited to:

(1) values for transportation rates;

(2) values for services where monitoring technology replaces staff time;

(3) values for indirect services;

(4) values for nursing;

(5) values for the facility use rate in day services, and the weightings used in the day
service ratios and adjustments to those weightings;

(6) values for workers' compensation as part of employee-related expenses;

(7) values for unemployment insurance as part of employee-related expenses;

(8) any changes in state or federal law with a direct impact on the underlying cost of
providing home and community-based services; deleted text beginand
deleted text end

(9) new text begindirect care staff labor market measures; and
new text end

new text begin (10) new text endoutcome measures, determined by the commissioner, for home and community-based
services rates determined under this section.

(e) The commissioner shall report to the chairs and the ranking minority members of
the legislative committees and divisions with jurisdiction over health and human services
policy and finance with the information and data gathered under paragraphs (b) to (d) on
the following dates:

(1) January 15, 2015, with preliminary results and data;

(2) January 15, 2016, with a status implementation update, and additional data and
summary information;

(3) January 15, 2017, with the full report; and

(4) January 15, 2020, with another full report, and a full report once every four years
thereafter.

(f) The commissioner shall implement a regional adjustment factor to all rate calculations
in subdivisions 6 to 9, effective no later than January 1, 2015. Beginning July 1, 2017, the
commissioner shall renew analysis and implement changes to the regional adjustment factors
when adjustments required under subdivision 5, paragraph (h), occur. Prior to
implementation, the commissioner shall consult with stakeholders on the methodology to
calculate the adjustment.

(g) The commissioner shall provide a public notice via LISTSERV in October of each
year beginning October 1, 2014, containing information detailing legislatively approved
changes in:

(1) calculation values including derived wage rates and related employee and
administrative factors;

(2) service utilization;

(3) county and tribal allocation changes; and

(4) information on adjustments made to calculation values and the timing of those
adjustments.

The information in this notice must be effective January 1 of the following year.

(h) When the available shared staffing hours in a residential setting are insufficient to
meet the needs of an individual who enrolled in residential services after January 1, 2014,
or insufficient to meet the needs of an individual with a service agreement adjustment
described in section 256B.4913, subdivision 4a, paragraph (f), then individual staffing hours
shall be used.

(i) The commissioner shall study the underlying cost of absence and utilization for day
services. Based on the commissioner's evaluation of the data collected under this paragraph,
the commissioner shall make recommendations to the legislature by January 15, 2018, for
changes, if any, to the absence and utilization factor ratio component value for day services.

(j) Beginning July 1, 2017, the commissioner shall collect transportation and trip
information for all day services through the rates management system.

Sec. 33.

Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 10a, is
amended to read:


Subd. 10a.

Reporting and analysis of cost data.

(a) The commissioner must ensure
that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the
service. As determined by the commissioner, in consultation with stakeholders identified
in section 256B.4913, subdivision 5, a provider enrolled to provide services with rates
determined under this section must submit requested cost data to the commissioner to support
research on the cost of providing services that have rates determined by the disability waiver
rates system. Requested cost data may include, but is not limited to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) vacancy rates; and

(11) other data relating to costs required to provide services requested by the
commissioner.

(b) At least once in any five-year period, a provider must submit cost data for a fiscal
year that ended not more than 18 months prior to the submission date. The commissioner
shall provide each provider a 90-day notice prior to its submission due date. If a provider
fails to submit required reporting data, the commissioner shall provide notice to providers
that have not provided required data 30 days after the required submission date, and a second
notice for providers who have not provided required data 60 days after the required
submission date. The commissioner shall temporarily suspend payments to the provider if
cost data is not received 90 days after the required submission date. Withheld payments
shall be made once data is received by the commissioner.

(c) The commissioner shall conduct a random validation of data submitted under
paragraph (a) to ensure data accuracy. The commissioner shall analyze cost documentation
in paragraph (a) and provide recommendations for adjustments to cost components.

(d) The commissioner shall analyze cost documentation in paragraph (a) and, in
consultation with stakeholders identified in section 256B.4913, subdivision 5, may submit
recommendations on component values and inflationary factor adjustments to the chairs
and ranking minority members of the legislative committees with jurisdiction over human
services every four years beginning January 1, 2020. The commissioner shall make
recommendations in conjunction with reports submitted to the legislature according to
subdivision 10, paragraph (e). The commissioner shall release cost data in an aggregate
form, and cost data from individual providers shall not be released except as provided for
in current law.

(e) The commissioner, in consultation with stakeholders identified in section 256B.4913,
subdivision 5, shall develop and implement a process for providing training and technical
assistance necessary to support provider submission of cost documentation required under
paragraph (a).

new text begin (f) Beginning November 1, 2018, providers enrolled to provide services with rates
determined under this section shall submit labor market data to the commissioner annually,
including, but not limited to:
new text end

new text begin (1) number of direct care staff;
new text end

new text begin (2) wages of direct care staff;
new text end

new text begin (3) overtime wages of direct care staff;
new text end

new text begin (4) hours worked by direct care staff;
new text end

new text begin (5) overtime hours worked by direct care staff;
new text end

new text begin (6) benefits provided to direct care staff;
new text end

new text begin (7) direct care staff job vacancies; and
new text end

new text begin (8) direct care staff retention rates.
new text end

new text begin (g) Beginning February 1, 2019, the commissioner shall publish annual reports on
provider and state-level labor market data, including, but not limited to:
new text end

new text begin (1) number of direct care staff;
new text end

new text begin (2) wages of direct care staff;
new text end

new text begin (3) overtime wages of direct care staff;
new text end

new text begin (4) hours worked by direct care staff;
new text end

new text begin (5) overtime hours worked by direct care staff;
new text end

new text begin (6) benefits provided to direct care staff;
new text end

new text begin (7) direct care staff job vacancies; and
new text end

new text begin (8) direct care staff retention rates.
new text end

Sec. 34.

Minnesota Statutes 2016, section 256B.5012, is amended by adding a subdivision
to read:


new text begin Subd. 18. new text end

new text begin ICF/DD rate increase effective July 1, 2018; Steele County. new text end

new text begin Effective July
1, 2018, the daily rate for an intermediate care facility for persons with developmental
disabilities located in Steele County that is classified as a class B facility and licensed for
16 beds is $400. The increase under this subdivision is in addition to any other increase that
is effective on July 1, 2018.
new text end

Sec. 35.

Minnesota Statutes 2017 Supplement, section 256I.03, subdivision 8, is amended
to read:


Subd. 8.

Supplementary services.

"Supplementary services" means housing support
services provided to individuals in addition to room and board including, but not limited
to, oversight and up to 24-hour supervision, medication reminders, assistance with
transportation, arranging for meetings and appointments, and arranging for medical and
social services.new text begin Providers must comply with section 256I.04, subdivision 2h.
new text end

Sec. 36.

Minnesota Statutes 2017 Supplement, section 256I.04, subdivision 2b, is amended
to read:


Subd. 2b.

Housing support agreements.

(a) Agreements between agencies and providers
of housing support must be in writing on a form developed and approved by the commissioner
and must specify the name and address under which the establishment subject to the
agreement does business and under which the establishment, or service provider, if different
from the group residential housing establishment, is licensed by the Department of Health
or the Department of Human Services; the specific license or registration from the
Department of Health or the Department of Human Services held by the provider and the
number of beds subject to that license; the address of the location or locations at which
group residential housing is provided under this agreement; the per diem and monthly rates
that are to be paid from housing support funds for each eligible resident at each location;
the number of beds at each location which are subject to the agreement; whether the license
holder is a not-for-profit corporation under section 501(c)(3) of the Internal Revenue Code;
and a statement that the agreement is subject to the provisions of sections 256I.01 to 256I.06
and subject to any changes to those sections.

(b) Providers are required to verify the following minimum requirements in the
agreement:

(1) current license or registration, including authorization if managing or monitoring
medications;

(2) all staff who have direct contact with recipients meet the staff qualifications;

(3) the provision of housing support;

(4) the provision of supplementary services, if applicable;

(5) reports of adverse events, including recipient death or serious injury; deleted text beginand
deleted text end

(6) submission of residency requirements that could result in recipient evictiondeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) confirmation that the provider will not limit or restrict the number of hours an
applicant or recipient chooses to be employed, as specified in subdivision 5.
new text end

(c) Agreements may be terminated with or without cause by the commissioner, the
agency, or the provider with two calendar months prior notice. The commissioner may
immediately terminate an agreement under subdivision 2d.

Sec. 37.

Minnesota Statutes 2016, section 256I.04, is amended by adding a subdivision
to read:


new text begin Subd. 2h. new text end

new text begin Required supplementary services. new text end

new text begin Providers of supplementary services shall
ensure that recipients have, at a minimum, assistance with services as identified in the
recipient's professional statement of need under section 256I.03, subdivision 12. Providers
of supplementary services shall maintain case notes with the date and description of services
provided to individual recipients.
new text end

Sec. 38.

Minnesota Statutes 2016, section 256I.04, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Employment. new text end

new text begin A provider is prohibited from limiting or restricting the number
of hours an applicant or recipient is employed.
new text end

Sec. 39.

Minnesota Statutes 2017 Supplement, section 256I.05, subdivision 3, is amended
to read:


Subd. 3.

Limits on rates.

deleted text beginWhen a room and board rate is used to pay for an individual's
room and board,
deleted text end The new text beginroom and board new text endrate payable to the residence deleted text beginmustdeleted text endnew text begin maynew text end not exceed
the rate paid by an individual new text beginwho is eligible for housing support under section 256I.04,
subdivision 1, but who is
new text endnot receiving a room and board rate deleted text beginunder this chapterdeleted text end.

Sec. 40.

Minnesota Statutes 2016, section 256R.53, subdivision 2, is amended to read:


Subd. 2.

Nursing deleted text beginfacilitydeleted text endnew text begin facilitiesnew text end in deleted text beginBreckenridgedeleted text endnew text begin border citiesnew text end.

The operating
payment rate of a nonprofit nursing facility that exists on January 1, 2015, is located within
the boundaries of the deleted text begincitydeleted text endnew text begin citiesnew text end of Breckenridgenew text begin or Moorheadnew text end, and is reimbursed under this
chapter, is equal to the greater of:

(1) the operating payment rate determined under section 256R.21, subdivision 3; or

(2) the median case mix adjusted rates, including comparable rate components as
determined by the median case mix adjusted rates, including comparable rate components
as determined by the commissioner, for the equivalent case mix indices of the nonprofit
nursing facility or facilities located in an adjacent city in another state and in cities contiguous
to the adjacent city. new text beginThe commissioner shall make the comparison required in this subdivision
on November 1 of each year and shall apply it to the rates to be effective on the following
January 1.
new text end The Minnesota facility's operating payment rate with a case mix index of 1.0 is
computed by dividing the adjacent city's nursing facility or facilities' median operating
payment rate with an index of 1.02 by 1.02. new text beginIf the adjustments under this subdivision result
in a rate that exceeds the limits in section 256R.23, subdivision 5, and whose costs exceed
the rate in section 256R.24, subdivision 3, in a given rate year, the facility's rate shall not
be subject to the limits in section 256R.23, subdivision 5, and shall not be limited to the
rate established in section 256R.24, subdivision 3, for that rate year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The rate increases for a facility located in Moorhead are effective
for the rate year beginning January 1, 2020, and annually thereafter.
new text end

Sec. 41.

Laws 2014, chapter 312, article 27, section 76, is amended to read:


Sec. 76. DISABILITY WAIVER REIMBURSEMENT RATE ADJUSTMENTS.

Subdivision 1.

Historical rate.

The commissioner of human services shall adjust the
historical rates calculated in Minnesota Statutes, section 256B.4913, subdivision 4a,
paragraph (b), in effect during the banding period under Minnesota Statutes, section
256B.4913, subdivision 4a, paragraph (a), for the reimbursement rate increases effective
April 1, 2014, and any rate modification enacted during the 2014 legislative session.

deleted text begin Subd. 2. deleted text end

deleted text begin Residential support services. deleted text end

deleted text begin The commissioner of human services shall adjust
the rates calculated in Minnesota Statutes, section 256B.4914, subdivision 6, paragraphs
(b), clause (4), and (c), for the reimbursement rate increases effective April 1, 2014, and
any rate modification enacted during the 2014 legislative session.
deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Day programs. deleted text end

deleted text begin The commissioner of human services shall adjust the rates
calculated in Minnesota Statutes, section 256B.4914, subdivision 7, paragraph (a), clauses
(15) to (17), for the reimbursement rate increases effective April 1, 2014, and any rate
modification enacted during the 2014 legislative session.
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Unit-based services with programming. deleted text end

deleted text begin The commissioner of human services
shall adjust the rate calculated in Minnesota Statutes, section 256B.4914, subdivision 8,
paragraph (a), clause (14), for the reimbursement rate increases effective April 1, 2014, and
any rate modification enacted during the 2014 legislative session.
deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Unit-based services without programming. deleted text end

deleted text begin The commissioner of human
services shall adjust the rate calculated in Minnesota Statutes, section 256B.4914, subdivision
9
, paragraph (a), clause (23), for the reimbursement rate increases effective April 1, 2014,
and any rate modification enacted during the 2014 legislative session.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 42.

Laws 2017, First Special Session chapter 6, article 3, section 49, is amended to
read:


Sec. 49. ELECTRONIC deleted text beginSERVICE DELIVERY DOCUMENTATION SYSTEMdeleted text endnew text begin
VISIT VERIFICATION
new text end.

Subdivision 1.

Documentation; establishment.

The commissioner of human services
shall establish implementation requirements and standards for deleted text beginandeleted text end electronic deleted text beginservice delivery
documentation system
deleted text endnew text begin visit verificationnew text end to comply with the 21st Century Cures Act, Public
Law 114-255. Within available appropriations, the commissioner shall take steps to comply
with the electronic visit verification requirements in the 21st Century Cures Act, Public
Law 114-255.

Subd. 2.

Definitions.

(a) For purposes of this section, the terms in this subdivision have
the meanings given them.

(b) "Electronic deleted text beginservice delivery documentationdeleted text endnew text begin visit verificationnew text end" means the electronic
documentation of the:

(1) type of service performed;

(2) individual receiving the service;

(3) date of the service;

(4) location of the service delivery;

(5) individual providing the service; and

(6) time the service begins and ends.

(c) "Electronic deleted text beginservice delivery documentationdeleted text endnew text begin visit verificationnew text end system" means a system
that provides electronic deleted text beginservice delivery documentationdeleted text endnew text begin verification of servicesnew text end that complies
with the 21st Century Cures Act, Public Law 114-255, and the requirements of subdivision
3.

(d) "Service" means one of the following:

(1) personal care assistance services as defined in Minnesota Statutes, section 256B.0625,
subdivision 19a
, and provided according to Minnesota Statutes, section 256B.0659; deleted text beginor
deleted text end

(2) community first services and supports under Minnesota Statutes, section 256B.85new text begin;
new text end

new text begin (3) home health services under Minnesota Statutes, section 256B.0625, subdivision 6a;
or
new text end

new text begin (4) other medical supplies and equipment or home and community-based services that
are required to be electronically verified by the 21st Century Cures Act, Public Law 114-255
new text end.

Subd. 3.

new text beginSystemnew text end requirements.

(a) In developing implementation requirements for deleted text beginandeleted text end
electronic deleted text beginservice delivery documentation systemdeleted text endnew text begin visit verificationnew text end, the commissioner shall
deleted text begin consider electronic visit verification systems and other electronic service delivery
documentation methods. The commissioner shall convene stakeholders that will be impacted
by an electronic service delivery system, including service providers and their representatives,
service recipients and their representatives, and, as appropriate, those with expertise in the
development and operation of an electronic service delivery documentation system, to
deleted text end ensure
that the requirements:

(1) are minimally administratively and financially burdensome to a provider;

(2) are minimally burdensome to the service recipient and the least disruptive to the
service recipient in receiving and maintaining allowed services;

(3) consider existing best practices and use of electronic deleted text beginservice delivery documentationdeleted text endnew text begin
visit verification
new text end;

(4) are conducted according to all state and federal laws;

(5) are effective methods for preventing fraud when balanced against the requirements
of clauses (1) and (2); and

(6) are consistent with the Department of Human Services' policies related to covered
services, flexibility of service use, and quality assurance.

(b) The commissioner shall make training available to providers on the electronic deleted text beginservice
delivery documentation
deleted text endnew text begin visit verificationnew text end system requirements.

(c) The commissioner shall establish baseline measurements related to preventing fraud
and establish measures to determine the effect of electronic deleted text beginservice delivery documentationdeleted text endnew text begin
visit verification
new text end requirements on program integrity.

new text begin (d) The commissioner shall make a state-selected electronic visit verification system
available to providers of services.
new text end

new text begin Subd. 3a. new text end

new text begin Provider requirements. new text end

new text begin (a) Providers of services may select their own
electronic visit verification system that meets the requirements established by the
commissioner.
new text end

new text begin (b) All electronic visit verification systems used by providers to comply with the
requirements established by the commissioner must provide data to the commissioner in a
format and at a frequency to be established by the commissioner.
new text end

new text begin (c) Providers must implement the electronic visit verification systems required under
this section by January 1, 2019, for personal care services and by January 1, 2023, for home
health services in accordance with the 21st Century Cures Act, Public Law 114-255, and
the Centers for Medicare and Medicaid Services guidelines. For the purposes of this
paragraph, "personal care services" and "home health services" have the meanings given
in United States Code, title 42, section 1396b(l)(5).
new text end

deleted text begin Subd. 4. deleted text end

deleted text begin Legislative report. deleted text end

deleted text begin (a) The commissioner shall submit a report by January 15,
2018, to the chairs and ranking minority members of the legislative committees with
jurisdiction over human services with recommendations, based on the requirements of
subdivision 3, to establish electronic service delivery documentation system requirements
and standards. The report shall identify:
deleted text end

deleted text begin (1) the essential elements necessary to operationalize a base-level electronic service
delivery documentation system to be implemented by January 1, 2019; and
deleted text end

deleted text begin (2) enhancements to the base-level electronic service delivery documentation system to
be implemented by January 1, 2019, or after, with projected operational costs and the costs
and benefits for system enhancements.
deleted text end

deleted text begin (b) The report must also identify current regulations on service providers that are either
inefficient, minimally effective, or will be unnecessary with the implementation of an
electronic service delivery documentation system.
deleted text end

Sec. 43. new text beginDIRECTION TO COMMISSIONER; BI AND CADI WAIVER
CUSTOMIZED LIVING SERVICES PROVIDER LOCATED IN HENNEPIN
COUNTY.
new text end

new text begin (a) The commissioner of human services shall allow a housing with services establishment
located in Minneapolis that provides customized living and 24-hour customized living
services for clients enrolled in the brain injury (BI) or community access for disability
inclusion (CADI) waiver and had a capacity to serve 66 clients as of July 1, 2017, to transfer
service capacity of up to 66 clients to no more than three new housing with services
establishments located in Hennepin County.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 256B.492, the commissioner shall
determine whether the new housing with services establishments described under paragraph
(a) meet the BI and CADI waiver customized living and 24-hour customized living size
limitation exception for clients receiving those services at the new housing with services
establishments described under paragraph (a).
new text end

Sec. 44. new text beginDIRECTION TO COMMISSIONER.
new text end

new text begin (a) The commissioner of human services must ensure that the MnCHOICES 2.0
assessment and support planning tool incorporates a qualitative approach with open-ended
questions and a conversational, culturally sensitive approach to interviewing that captures
the assessor's professional judgment based on the person's responses.
new text end

new text begin (b) If the commissioner of human services convenes a working group or consults with
stakeholders for the purposes of modifying the assessment and support planning process or
tool, the commissioner must include members of the disability community, including
representatives of organizations and individuals involved in assessment and support planning.
new text end

Sec. 45. new text beginDIRECTION TO COMMISSIONER; DISABILITY WAIVER RATE
SYSTEM.
new text end

new text begin (a) Between July 1, 2018, and December 31, 2018, the commissioner of human services
shall continue to reimburse the Centers for Medicare and Medicaid Services for the
disallowed federal share of the rate increases described in Laws 2014, chapter 312, article
27, section 76, subdivisions 2 to 5.
new text end

new text begin (b) No later than July 1, 2018, the commissioner of human services shall submit to the
federal Centers for Medicare and Medicaid Services any home and community-based services
waivers or plan amendments necessary to implement the changes to the disability waiver
rate system under Minnesota Statutes, sections 256B.4913 and 256B.4914. The priorities
for submittal to the federal Centers for Medicare and Medicaid Services are as follows:
new text end

new text begin (1) first priority for submittal are the changes related to the establishment of the new
competitive workforce factor; and
new text end

new text begin (2) second priority for submittal are the changes related to the inflationary adjustments,
removal of the regional variance factor, and changes to the reporting requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 46. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall codify Laws 2017, First Special Session chapter 6, article
3, section 49, as amended in this article, in Minnesota Statutes, chapter 256B.
new text end

new text begin (b) The revisor of statutes shall change the term "developmental disability waiver" or
similar terms to "developmental disabilities waiver" or similar terms wherever they appear
in Minnesota Statutes and Minnesota Rules. The revisor shall also make technical and other
necessary changes to sentence structure to preserve the meaning of the text.
new text end

Sec. 47. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 256B.0705, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

ARTICLE 43

MISCELLANEOUS

Section 1.

Minnesota Statutes 2016, section 62V.05, subdivision 5, is amended to read:


Subd. 5.

Health carrier and health plan requirements; participation.

(a) Beginning
January 1, 2015, the board may establish certification requirements for health carriers and
health plans to be offered through MNsure that satisfy federal requirements under deleted text beginsection
1311(c)(1) of the Affordable Care Act, Public Law 111-148
deleted text endnew text begin United States Code, title 42,
section 18031(c)(1)
new text end.

(b) Paragraph (a) does not apply if by June 1, 2013, the legislature enacts regulatory
requirements that:

(1) apply uniformly to all health carriers and health plans in the individual market;

(2) apply uniformly to all health carriers and health plans in the small group market; and

(3) satisfy minimum federal certification requirements under deleted text beginsection 1311(c)(1) of the
Affordable Care Act, Public Law 111-148
deleted text endnew text begin United States Code, title 42, section 18031(c)(1)new text end.

(c) In accordance with deleted text beginsection 1311(e) of the Affordable Care Act, Public Law 111-148deleted text endnew text begin
United States Code, title 42, section 18031(e)
new text end, the board shall establish policies and
procedures for certification and selection of health plans to be offered as qualified health
plans through MNsure. The board shall certify and select a health plan as a qualified health
plan to be offered through MNsure, if:

(1) the health plan meets the minimum certification requirements established in paragraph
(a) or the market regulatory requirements in paragraph (b);

(2) the board determines that making the health plan available through MNsure is in the
interest of qualified individuals and qualified employers;

(3) the health carrier applying to offer the health plan through MNsure also applies to
offer health plans at each actuarial value level and service area that the health carrier currently
offers in the individual and small group markets; and

(4) the health carrier does not apply to offer health plans in the individual and small
group markets through MNsure under a separate license of a parent organization or holding
company under section 60D.15, that is different from what the health carrier offers in the
individual and small group markets outside MNsure.

(d) In determining the interests of qualified individuals and employers under paragraph
(c), clause (2), the board may not exclude a health plan for any reason specified under deleted text beginsection
1311(e)(1)(B) of the Affordable Care Act, Public Law 111-148
deleted text endnew text begin United States Code, title
42, section 18031(e)(1)(B)
new text end. deleted text beginThe board may consider:
deleted text end

deleted text begin (1) affordability;
deleted text end

deleted text begin (2) quality and value of health plans;
deleted text end

deleted text begin (3) promotion of prevention and wellness;
deleted text end

deleted text begin (4) promotion of initiatives to reduce health disparities;
deleted text end

deleted text begin (5) market stability and adverse selection;
deleted text end

deleted text begin (6) meaningful choices and access;
deleted text end

deleted text begin (7) alignment and coordination with state agency and private sector purchasing strategies
and payment reform efforts; and
deleted text end

deleted text begin (8) other criteria that the board determines appropriate.
deleted text end

new text begin (e) A health plan that meets the minimum certification requirements under paragraph
(c) and United States Code, title 42, section 18031(c)(1), and any regulations and guidance
issued under that section, is deemed to be in the interest of qualified individuals and qualified
employers. The board shall not establish certification requirements for health carriers and
health plans for participation in MNsure that are in addition to the certification requirements
under paragraph (c) and United States Code, title 42, section 18031(c)(1), and any regulations
and guidance issued under that section. The board shall not determine the cost of, cost-sharing
elements of, or benefits provided in health plans sold through MNsure.
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end For qualified health plans offered through MNsure on or after January 1, 2015,
the board shall establish policies and procedures under paragraphs (c) and (d) for selection
of health plans to be offered as qualified health plans through MNsure by February 1 of
each year, beginning February 1, 2014. The board shall consistently and uniformly apply
all policies and procedures and any requirements, standards, or criteria to all health carriers
and health plans. For any policies, procedures, requirements, standards, or criteria that are
defined as rules under section 14.02, subdivision 4, the board may use the process described
in subdivision 9.

deleted text begin (f) For 2014, the board shall not have the power to select health carriers and health plans
for participation in MNsure. The board shall permit all health plans that meet the certification
requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148, to
be offered through MNsure.
deleted text end

(g) Under this subdivision, the board shall have the power to verify that health carriers
and health plans are properly certified to be eligible for participation in MNsure.

(h) The board has the authority to decertify health carriers and health plans that fail to
maintain compliance with deleted text beginsection 1311(c)(1) of the Affordable Care Act, Public Law 111-148deleted text endnew text begin
United States Code, title 42, section 18031(c)(1)
new text end.

(i) For qualified health plans offered through MNsure beginning January 1, 2015, health
carriers must use the most current addendum for Indian health care providers approved by
the Centers for Medicare and Medicaid Services and the tribes as part of their contracts with
Indian health care providers. MNsure shall comply with all future changes in federal law
with regard to health coverage for the tribes.

Sec. 2.

Minnesota Statutes 2016, section 62V.05, subdivision 10, is amended to read:


Subd. 10.

Limitations; risk-bearing.

(a) The board shall not bear insurance risk or enter
into any agreement with health care providers to pay claims.

(b) Nothing in this subdivision shall prevent MNsure from providing insurance for its
employees.

new text begin (c) The commissioner of human services shall not bear insurance risk or enter into any
agreement with providers to pay claims for any health coverage administered by the
commissioner that is made available for purchase through the MNsure Web site as an
alternative to purchasing a qualifying health plan through MNsure or an individual health
plan offered outside of MNsure.
new text end

new text begin (d) Nothing in this subdivision shall prohibit:
new text end

new text begin (1) the commissioner of human services from administering the medical assistance
program under chapter 256B and the MinnesotaCare program under chapter 256L, as long
as health coverage under these programs is not purchased by the individual through the
MNsure Web site; and
new text end

new text begin (2) employees of the Department of Human Services from obtaining insurance from the
state employee group insurance program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 3.

Minnesota Statutes 2016, section 243.166, subdivision 4b, is amended to read:


Subd. 4b.

Health care facility; notice of status.

(a) For the purposes of this subdivisiondeleted text begin,deleted text endnew text begin:
new text end

new text begin (1) new text end"health care facility" means a facility:

deleted text begin (1)deleted text end new text begin(i) new text endlicensed by the commissioner of health as a hospital, boarding care home or
supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter
144A;

deleted text begin (2)deleted text end new text begin(ii) new text endregistered by the commissioner of health as a housing with services establishment
as defined in section 144D.01; or

deleted text begin (3)deleted text endnew text begin (iii)new text end licensed by the commissioner of human services as a residential facility under
chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency
treatment to adults, or residential services to persons with disabilitiesnew text begin; and
new text end

new text begin (2) "home care provider" has the meaning given in section 144A.43new text end.

(b) Prior to admission to a health care facilitynew text begin or home care services from a home care
provider
new text end, a person required to register under this section shall disclose to:

(1) the health care facility employee new text beginor the home care provider new text endprocessing the admission
the person's status as a registered predatory offender under this section; and

(2) the person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority with whom the person is currently required to register,
that deleted text begininpatientdeleted text end admission will occur.

(c) A law enforcement authority or corrections agent who receives notice under paragraph
(b) or who knows that a person required to register under this section is planning to be
admitted and receive, or has been admitted and is receiving health care at a health care
facilitynew text begin or home care services from a home care provider,new text end shall notify the administrator of
the facility new text beginor the home care provider new text endand deliver a fact sheet to the administrator new text beginor provider
new text end containing the following information: (1) name and physical description of the offender;
(2) the offender's conviction history, including the dates of conviction; (3) the risk level
classification assigned to the offender under section 244.052, if any; and (4) the profile of
likely victims.

(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility
receives a fact sheet under paragraph (c) that includes a risk level classification for the
offender, and if the facility admits the offender, the facility shall distribute the fact sheet to
all residents at the facility. If the facility determines that distribution to a resident is not
appropriate given the resident's medical, emotional, or mental status, the facility shall
distribute the fact sheet to the patient's next of kin or emergency contact.

new text begin (e) If a home care provider receives a fact sheet under paragraph (c) that includes a risk
level classification for the offender, the provider shall distribute the fact sheet to any
individual who will provide direct services to the offender before the individual begins to
provide the service.
new text end

ARTICLE 44

HUMAN SERVICES FORECAST ADJUSTMENTS

Section 1. new text beginHUMAN SERVICES APPROPRIATION.
new text end

new text begin The dollar amounts shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, are subtracted from the appropriations in Laws 2017, First Special
Session chapter 6, article 18, from the general fund or any fund named to the Department
of Human Services for the purposes specified in this article, to be available for the fiscal
year indicated for each purpose. The figures "2018" and "2019" used in this article mean
that the appropriations listed under them are available for the fiscal years ending June 30,
2018, or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year"
is fiscal year 2019. "The biennium" is fiscal years 2018 and 2019.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginCOMMISSIONER OF HUMAN
SERVICES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin (208,963,000)
new text end
new text begin $
new text end
new text begin (88,363,000)
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin (210,083,000)
new text end
new text begin (103,535,000)
new text end
new text begin Health Care Access
Fund
new text end
new text begin 7,620,000
new text end
new text begin 9,258,000
new text end
new text begin Federal TANF
new text end
new text begin (6,500,000)
new text end
new text begin 5,914,000
new text end

new text begin Subd. 2. new text end

new text begin Forecasted Programs
new text end

new text begin (a) MFIP/DWP
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin (3,749,000)
new text end
new text begin (11,267,000)
new text end
new text begin Federal TANF
new text end
new text begin (7,418,000)
new text end
new text begin 4,565,000
new text end
new text begin (b) MFIP Child Care Assistance
new text end
new text begin (7,995,000)
new text end
new text begin (521,000)
new text end
new text begin (c) General Assistance
new text end
new text begin (4,850,000)
new text end
new text begin (3,770,000)
new text end
new text begin (d) Minnesota Supplemental Aid
new text end
new text begin (1,179,000)
new text end
new text begin (821,000)
new text end
new text begin (e) Housing Support
new text end
new text begin (3,260,000)
new text end
new text begin (3,038,000)
new text end
new text begin (f) Northstar Care for Children
new text end
new text begin (5,168,000)
new text end
new text begin (6,458,000)
new text end
new text begin (g) MinnesotaCare
new text end
new text begin 7,620,000
new text end
new text begin 9,258,000
new text end

new text begin These appropriations are from the health care
access fund.
new text end

new text begin (h) Medical Assistance
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin (199,817,000)
new text end
new text begin (106,124,000)
new text end
new text begin Health Care Access
Fund
new text end
new text begin -0-
new text end
new text begin -0-
new text end

new text begin The health care access fund base for medical
assistance is $358,943,000 in fiscal year 2020
and $399,929,000 in fiscal year 2021.
new text end

new text begin (i) Alternative Care Program
new text end
new text begin -0-
new text end
new text begin -0-
new text end
new text begin (j) CCDTF Entitlements
new text end
new text begin 15,935,000
new text end
new text begin 28,464,000
new text end

new text begin Subd. 3. new text end

new text begin Technical Activities
new text end

new text begin 918,000
new text end
new text begin 1,349,000
new text end

new text begin These appropriations are from the federal
TANF fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

ARTICLE 45

HEALTH AND HUMAN SERVICES APPROPRIATIONS

Section 1. new text beginHEALTH AND HUMAN SERVICES APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2017, First Special Session chapter
6, article 18, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2018" and "2019" used in this article mean that
the addition to or subtraction from appropriations listed under them are available for the
fiscal year ending June 30, 2018, or June 30, 2019, respectively. Base level adjustments
mean the addition or subtraction from the base level adjustments in Laws 2017, First Special
Session chapter 6, article 18. "The first year" is fiscal year 2018. "The second year" is fiscal
year 2019. "The biennium" is fiscal years 2018 and 2019. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2018, are effective June 1,
2018, unless a different effective date is specified.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginCOMMISSIONER OF HUMAN
SERVICES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 31,401,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Central Office; Operations
new text end

new text begin -0-
new text end
new text begin 6,549,000
new text end

new text begin (a) Advisory Council on Rare Diseases.
$150,000 in fiscal year 2019 is for transfer to
the Board of Regents of the University of
Minnesota for the advisory council on rare
diseases under Minnesota Statutes, section
137.68.
new text end

new text begin (b) Study and Report on Health Insurance
Rate Disparities between Geographic
Rating Areas.
$251,000 in fiscal year 2019
is for transfer to the Legislative Coordinating
Commission for the Office of the Legislative
Auditor to study and report on disparities
between geographic rating areas in individual
and small group market health insurance rates.
This is a onetime appropriation and a onetime
transfer.
new text end

new text begin (c) Substance Abuse Recovery Services
Provided through Minnesota Recovery
Corps.
$309,000 in fiscal year 2019 is for
transfer to ServeMinnesota under Minnesota
Statutes, section 124D.37, to provide
evidenced-based substance abuse recovery
services through Minnesota Recovery Corps.
Funds shall be used to support training,
supervision, and deployment of AmeriCorps
members to serve as recovery navigators. The
Minnesota Commission on National and
Community Service shall include in the
commission's report to the legislature under
Minnesota Statutes, section 124D.385,
subdivision 3, an evaluation of program data
to determine the efficacy of the services in
promoting sustained substance abuse recovery,
including but not limited to stable housing,
relationship-building, employment skills, or
a year of AmeriCorps service. This is a
onetime appropriation and a onetime transfer.
new text end

new text begin (d) Base Level Adjustment. The general fund
base is increased by $6,993,000 in fiscal year
2020 and increased by $6,936,000 in fiscal
year 2021.
new text end

new text begin Subd. 3. new text end

new text begin Central Office; Children and Families
new text end

new text begin -0-
new text end
new text begin 84,000
new text end

new text begin Task Force on Childhood
Trauma-Informed Policy and Practices.

$84,000 in fiscal year 2019 is for the task force
on childhood trauma-informed policy and
practices. This is a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Central Office; Health Care
new text end

new text begin -0-
new text end
new text begin 1,058,000
new text end

new text begin new text begin Base Level Adjustment.new text end The general fund
base is increased by $1,574,000 in fiscal year
2020 and increased by $1,580,000 in fiscal
year 2021.
new text end

new text begin Subd. 5. new text end

new text begin Central Office; Continuing Care for
Older Adults
new text end

new text begin -0-
new text end
new text begin 2,353,000
new text end

new text begin (a) Regional Ombudsmen. $1,283,000 in
fiscal year 2019 is for nine additional regional
ombudsmen and one policy lead in the Office
of Ombudsman for Long-Term Care, to
perform the duties in Minnesota Statutes,
section 256.9742. The base for this
appropriation is $1,459,000 in fiscal year 2020
and $1,459,000 in fiscal year 2021.
new text end

new text begin (b) new text beginBase Level Adjustment.new text end The general fund
base is increased by $2,149,000 in fiscal year
2020 and increased by $2,149,000 in fiscal
year 2021.
new text end

new text begin Subd. 6. new text end

new text begin Central Office; Community Supports
new text end

new text begin -0-
new text end
new text begin 4,072,000
new text end

new text begin new text begin Base Level Adjustment. new text endThe general fund
base is increased by $4,012,000 in fiscal year
2020 and increased by $4,012,000 in fiscal
year 2021.
new text end

new text begin Subd. 7. new text end

new text begin Forecasted Programs; Medical
Assistance
new text end

new text begin -0-
new text end
new text begin 27,338,000
new text end

new text begin Subd. 8. new text end

new text begin Forecasted Programs; Alternative Care
new text end

new text begin -0-
new text end
new text begin (28,000)
new text end

new text begin Subd. 9. new text end

new text begin Forecasted Programs; Chemical
Dependency Treatment Fund
new text end

new text begin -0-
new text end
new text begin (12,153,000)
new text end

new text begin Subd. 10. new text end

new text begin Grant Programs; Children's Services
Grants
new text end

new text begin -0-
new text end
new text begin 365,000
new text end

new text begin new text begin American Indian Child Welfare Initiative.new text end
$365,000 in fiscal year 2019 is for planning
efforts to expand the American Indian Child
Welfare Initiative authorized under Minnesota
Statutes, section 256.01, subdivision 14b. Of
this appropriation, $240,000 is for a grant to
the Mille Lacs Band of Ojibwe and $125,000
is for a grant to the Red Lake Nation. This is
a onetime appropriation.
new text end

new text begin Subd. 11. new text end

new text begin Grant Programs; Child and Economic
Support Grants
new text end

new text begin -0-
new text end
new text begin 517,000
new text end

new text begin (a) Community Action Grants. $200,000 in
fiscal year 2019 is for community action grants
under Minnesota Statutes, sections 256E.30
to 256E.32. The base for this appropriation is
$150,000 in fiscal year 2020 and $150,000 in
fiscal year 2021.
new text end

new text begin (b) Mobile food shelf grants. (1) $117,000
in fiscal year 2019 is for mobile food shelf
grants under Minnesota Statutes, section
256E.34. The base for this appropriation is
$115,000 in fiscal year 2020 and $115,000 in
fiscal year 2021.
new text end

new text begin (c) Project Legacy. $200,000 in fiscal year
2019 is for a grant to Project Legacy to
provide counseling and outreach to youth and
young adults from families with a history of
generational poverty. This appropriation must
be used for mental health care, medical care,
chemical dependency interventions, housing,
and mentoring and counseling services for
first generation college students. This is a
onetime appropriation.
new text end

new text begin (d) Base Level Adjustment. The general fund
base is increased by $265,000 in fiscal year
2020 and increased by $265,000 in fiscal year
2021.
new text end

new text begin Subd. 12. new text end

new text begin Grant Programs; Aging and Adult
Services Grants
new text end

new text begin -0-
new text end
new text begin -0-
new text end

new text begin Live Well At Home Grants. Of the fiscal
year 2019 general fund appropriation in Laws
2017, First Special Session chapter 6, article
18, section 2, subdivision 27: (1) $50,000 shall
be used to provide a live well at home grant
under Minnesota Statutes, section 256B.0917,
to an organization that provides block nurse
services to the elderly in the city of McGregor;
and (2) $120,000 shall be used to provide a
live well at home grant under Minnesota
Statutes, section 256B.0917, to an organization
that provides block nurse services to the
elderly in the city of Grove City.
new text end

new text begin Subd. 13. new text end

new text begin Grant Programs; Chemical
Dependency Treatment Support Grants
new text end

new text begin -0-
new text end
new text begin 1,246,000
new text end

new text begin (a) new text beginStudent Health Initiative to Limit Opioid
Harm.
new text end
$195,000 in fiscal year 2019 is for the
student health initiative to limit opioid harm.
This is a onetime appropriation.
new text end

new text begin (b) Opioid Epidemic Response Grants.
$1,051,000 is for opioid epidemic response
grants under Minnesota Statutes, section
256.043. The base for this appropriation is
$1,000,000 in fiscal year 2020 and $1,000,000
in fiscal year 2021. The commissioner shall
transfer $1,051,000 in fiscal year 2019 from
the general fund to the opioid epidemic
response account under Minnesota Statutes,
section 256.043. The base for this transfer is
$1,000,000 in fiscal year 2020 and $1,000,000
in fiscal year 2021.
new text end

new text begin (c) Base Level Adjustment. The general fund
base is increased by $1,000,000 in fiscal year
2020 and increased by $1,000,000 in fiscal
year 2021.
new text end

Sec. 3. new text beginCOMMISSIONER OF HEALTH
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 7,069,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 7,044,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin -0-
new text end
new text begin 25,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Health Improvement
new text end

new text begin -0-
new text end
new text begin 4,554,000
new text end

new text begin (a) Minnesota Biomedicine and Bioethics
Innovation Grants.
$500,000 in fiscal year
2019 is for transfer to the Board of Regents
of the University of Minnesota for Minnesota
biomedicine and bioethics innovation grants
under Minnesota Statutes, section 137.67.
new text end

new text begin (b) Mental Health and Substance Use
Disorder Parity Work Group.
$75,000 in
fiscal year 2019 is for transfer to the
commissioner of commerce for the mental
health and substance use disorder parity work
group. This is a onetime appropriation and a
onetime transfer.
new text end

new text begin (c) The TAP Program. Notwithstanding
Minnesota Statutes, section 16B.97, $10,000
in fiscal year 2019 is for a grant to the TAP
in St. Paul to support mental health in
disability communities through spoken art
forms, community supports, and community
engagement. This is a onetime appropriation
and none of it may be used for administration.
new text end

new text begin (d) Opioid Overdose Reduction Pilot
Program.
$1,000,000 in fiscal year 2019 is
for the opioid overdose reduction pilot
program. This is a onetime appropriation and
is available until June 30, 2021. None of this
appropriation may be used for administration.
new text end

new text begin (e) Reduction of Statewide Health
Improvement Program Appropriation.
The
appropriation in Laws 2017, First Special
Session chapter 6, article 18, section 3,
subdivision 2, from the health care access fund
for the statewide health improvement program
under Minnesota Statutes, section 145.986, is
reduced by $291,000 in fiscal year 2019. The
base for this reduction is $1,550,000 in fiscal
year 2020, and $2,955,000 in fiscal year 2021.
new text end

new text begin (f) Statewide Tobacco Cessation Services.
$291,000 in fiscal year 2019 is appropriated
from the health care access fund for statewide
tobacco cessation services under Minnesota
Statutes, section 144.397. The base for this
appropriation is $1,550,000 in fiscal year
2020, and $2,955,000 in fiscal year 2021.
new text end

new text begin (g) Additional Funding for Opioid
Prevention Pilot Projects.
$2,000,000 in
fiscal year 2019 is for opioid abuse prevention
pilot projects under Laws 2017, First Special
Session chapter 6, article 10, section 144. Of
this amount, $1,400,000 is for the opioid abuse
prevention pilot project through CHI St.
Gabriel's Health Family Medical Center, also
known as Unity Family Health Care. $600,000
is for Project Echo through CHI St. Gabriel's
Health Family Medical Center for e-learning
sessions centered around opioid case
management and best practices for opioid
abuse prevention. This is a onetime
appropriation and none of it may be used for
administration.
new text end

new text begin (h) Suicide Prevention Grants. $969,000 in
fiscal year 2019 is for suicide prevention
grants under Minnesota Statutes, section
145.56, subdivision 2, clause (7). This is a
onetime appropriation.
new text end

new text begin (i) Base Level Adjustments. The general fund
base is increased by $500,000 in fiscal year
2020 and increased by $500,000 in fiscal year
2021.
new text end

new text begin Subd. 3. new text end

new text begin Health Protection
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 2,490,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin -0-
new text end
new text begin 25,000
new text end

new text begin (a) Regulation of Low-Dose X-Ray Security
Screening Systems.
$29,000 in fiscal year
2019 is from the state government special
revenue fund for rulemaking under Minnesota
Statutes, section 144.121. The base for this
appropriation is $21,000 in fiscal year 2020
and $21,000 in fiscal year 2021.
new text end

new text begin (b) Assisted Living Report Card Working
Group.
$27,000 in fiscal year 2019 is from
the general fund for the assisted living report
card working group. This is a onetime
appropriation.
new text end

new text begin (c) Assisted Living Licensure and Dementia
Care Task Force.
$60,000 in fiscal year 2019
is from the general fund for the Assisted
Living Licensure and Dementia Care Task
Force.This is a onetime appropriation.
new text end

new text begin (d) Safety and Quality Improvement
Practices Report.
$33,000 in fiscal year 2019
is from the general fund for the safety and
quality improvement practices report.
new text end

new text begin (e) Technology Upgrades. $1,755,000 in
fiscal year 2019 is from the general fund for
Web site improvements and data analytics at
the Office of Health Facility Complaints. The
general fund base for this appropriation is
$971,000 in fiscal year 2020 and $853,000 in
fiscal year 2021.
new text end

new text begin (f) Base Level Adjustment. The general fund
base is increased by $1,420,000 in fiscal year
2020 and increased by $1,289,000 in fiscal
year 2021. The state government special
revenue fund base is increased by $17,000 in
fiscal year 2020 and increased by $17,000 in
fiscal year 2021.
new text end

Sec. 4. new text beginHEALTH-RELATED BOARDS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 368,000
new text end

new text begin This appropriation is from the state
government special revenue fund. The
amounts that may be spent for each purpose
are specified in the following subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Board of Dentistry
new text end

new text begin -0-
new text end
new text begin 13,000
new text end

new text begin new text begin Base Adjustments.new text end The state government
special revenue fund base is increased by
$5,000 in fiscal year 2020 and increased by
$5,000 in fiscal year 2021.
new text end

new text begin Subd. 3. new text end

new text begin Board of Nursing
new text end

new text begin -0-
new text end
new text begin 5,000
new text end

new text begin This is a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Board of Optometry
new text end

new text begin -0-
new text end
new text begin 5,000
new text end

new text begin This is a onetime appropriation.
new text end

new text begin Subd. 5. new text end

new text begin Board of Pharmacy
new text end

new text begin -0-
new text end
new text begin 340,000
new text end

new text begin (a) Prescription Monitoring Program.
$284,000 is for migration to a new information
technology platform for the prescription
monitoring program and $42,000 is for
administration of the prescription monitoring
program.
new text end

new text begin (b) Drug Repository. $14,000 in fiscal year
2019 is for the repository program in
Minnesota Statutes, section 151.555.
Notwithstanding section 10, the base for this
appropriation is $12,000 in fiscal year 2020,
$12,000 in fiscal year 2021, $12,000 in fiscal
year 2022, and $0 in fiscal year 2023.
new text end

new text begin (c) new text beginBase Adjustments.new text end The state government
special revenue fund base is increased by
$338,000 in fiscal year 2020 and increased by
$338,000 in fiscal year 2021.
new text end

new text begin Subd. 6. new text end

new text begin Board of Podiatric Medicine
new text end

new text begin -0-
new text end
new text begin 5,000
new text end

new text begin This is a onetime appropriation.
new text end

Sec. 5. new text beginLEGISLATIVE COORDINATING
COMMISSION.
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 137,000
new text end

new text begin (a) Health Policy Commission. $137,000 in
fiscal year 2019 is for administration of the
Health Policy Commission under Minnesota
Statutes, section 62J.90. The base for this
appropriation is $405,000 in fiscal year 2020
and $410,000 in fiscal year 2021.
new text end

new text begin (b) Base Level Adjustment. The general fund
base is increased by $405,000 in fiscal year
2020 and increased by $410,000 in fiscal year
2021.
new text end

Sec. 6.

Laws 2017, First Special Session chapter 6, article 18, section 3, subdivision 2, is
amended to read:


Subd. 2.

Health Improvement

Appropriations by Fund
General
81,438,000
78,100,000
State Government
Special Revenue
6,215,000
6,182,000
Health Care Access
36,643,000
36,258,000
Federal TANF
11,713,000
11,713,000

(a) TANF Appropriations. (1) $3,579,000
of the TANF fund each year is for home
visiting and nutritional services listed under
Minnesota Statutes, section 145.882,
subdivision 7
, clauses (6) and (7). Funds must
be distributed to community health boards
according to Minnesota Statutes, section
145A.131, subdivision 1.

(2) $2,000,000 of the TANF fund each year
is for decreasing racial and ethnic disparities
in infant mortality rates under Minnesota
Statutes, section 145.928, subdivision 7.

(3) $4,978,000 of the TANF fund each year
is for the family home visiting grant program
according to Minnesota Statutes, section
145A.17. $4,000,000 of the funding must be
distributed to community health boards
according to Minnesota Statutes, section
145A.131, subdivision 1. $978,000 of the
funding must be distributed to tribal
governments according to Minnesota Statutes,
section 145A.14, subdivision 2a.

(4) $1,156,000 of the TANF fund each year
is for family planning grants under Minnesota
Statutes, section 145.925.

(5) The commissioner may use up to 6.23
percent of the funds appropriated each year to
conduct the ongoing evaluations required
under Minnesota Statutes, section 145A.17,
subdivision 7
, and training and technical
assistance as required under Minnesota
Statutes, section 145A.17, subdivisions 4 and
5.

(b) TANF Carryforward. Any unexpended
balance of the TANF appropriation in the first
year of the biennium does not cancel but is
available for the second year.

(c) deleted text beginEvidence-Baseddeleted text end Home Visitingnew text begin to
Pregnant Women and Families with Young
Children
new text end.
$6,000,000 in fiscal year 2018 and
$6,000,000 in fiscal year 2019 are from the
general fund to start up or expand
deleted text begin evidence-baseddeleted text end home visiting programsnew text begin to
pregnant women and families with young
children
new text end. The commissioner shall award grants
to community health boards, nonprofits, or
tribal nations in urban and rural areas of the
state. Grant funds must be used to start up or
expand evidence-based new text beginor culturally or
ethnically targeted
new text endhome visiting programs in
the county, reservation, or region to serve
families, such as parents with high risk or high
needs, parents with a history of mental illness,
domestic abuse, or substance abuse, or
first-time mothers prenatally until the child is
four years of age, who are eligible for medical
assistance under Minnesota Statutes, chapter
256B, or the federal Special Supplemental
Nutrition Program for Women, Infants, and
Children. new text beginFor fiscal year 2019, the
commissioner shall allocate at least 75 percent
of the grant funds not yet awarded to
evidence-based home visiting programs and
up to 25 percent of the grant funds not yet
awarded to other culturally or ethnically
targeted home visiting programs in order to
promote innovation and serve high-need
families. Beginning in fiscal year 2020, the
commissioner shall allocate at least 75 percent
of the grant funds to evidence-based home
visiting programs and up to 25 percent of the
grant funds to culturally or ethnically targeted
home visiting programs.
new text endPriority for grants to
rural areas shall be given to community health
boards, nonprofits, and tribal nations that
expand services within regional partnerships
that provide the deleted text beginevidence-baseddeleted text end home visiting
programs. This funding shall only be used to
supplement, not to replace, funds being used
for evidence-based new text beginor culturally or ethnically
targeted
new text endhome visiting services as of June 30,
2017. Up to seven percent of the appropriation
may be used for training, technical assistance,
evaluation, and other costs to administer the
grants. The general fund base for this program
is $16,500,000 in fiscal year 2020 and
$16,500,000 in fiscal year 2021.new text begin
Notwithstanding section 18, this paragraph
does not expire.
new text end

(d) Safe Harbor for Sexually Exploited
Youth Services.
$250,000 in fiscal year 2018
and $250,000 in fiscal year 2019 are from the
general fund for trauma-informed, culturally
specific services for sexually exploited youth.
Youth 24 years of age or younger are eligible
for services under this paragraph.

(e) Safe Harbor Program Technical
Assistance and Evaluation.
$200,000 in
fiscal year 2018 and $200,000 in fiscal year
2019 are from the general fund for training,
technical assistance, protocol implementation,
and evaluation activities related to the safe
harbor program. Of these amounts:

(1) $90,000 each fiscal year is for providing
training and technical assistance to individuals
and organizations that provide safe harbor
services and receive funds for that purpose
from the commissioner of human services or
commissioner of health;

(2) $90,000 each fiscal year is for protocol
implementation, which includes providing
technical assistance in establishing best
practices-based systems for effectively
identifying, interacting with, and referring
sexually exploited youth to appropriate
resources; and

(3) $20,000 each fiscal year is for program
evaluation activities in compliance with
Minnesota Statutes, section 145.4718.

(f) Promoting Safe Harbor Capacity. In
funding services and activities under
paragraphs (d) and (e), the commissioner shall
emphasize activities that promote
capacity-building and development of
resources in greater Minnesota.

(g) Administration of Safe Harbor
Program.
$60,000 in fiscal year 2018 and
$60,000 in fiscal year 2019 are for
administration of the safe harbor for sexually
exploited youth program.

(h) Palliative Care Advisory Council.
$44,000 in fiscal year 2018 and $44,000 in
fiscal year 2019 are from the general fund for
the Palliative Care Advisory Council under
Minnesota Statutes, section 144.059. This is
a onetime appropriation.

(i) Transfer; Minnesota Biomedicine and
Bioethics Innovation Grants.
$2,500,000 in
fiscal year 2018 is from the general fund for
transfer to the Board of Regents of the
University of Minnesota for Minnesota
biomedicine and bioethics innovation grants
under Minnesota Statutes, section 137.67. The
full amount of the appropriation is for grants,
and the University of Minnesota shall not use
any portion for administrative or monitoring
expenses. The steering committee of the
University of Minnesota and Mayo Foundation
partnership must submit a preliminary report
by April 1, 2018, and a final report by April
1, 2019, on all grant activities funded under
Minnesota Statutes, section 137.67, to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
health and human services finance. This is a
onetime appropriation and is available until
June 30, 2021.

(j) Statewide Strategic Plan for Victims of
Sex Trafficking.
$73,000 in fiscal year 2018
is from the general fund for the development
of a comprehensive statewide strategic plan
and report to address the needs of sex
trafficking victims statewide. This is a onetime
appropriation.

(k) Home and Community-Based Services
Employee Scholarship Program.
$500,000
in fiscal year 2018 and $500,000 in fiscal year
2019 are from the general fund for the home
and community-based services employee
scholarship program under Minnesota Statutes,
section 144.1503.

(l) Comprehensive Advanced Life Support
Educational Program.
$100,000 in fiscal
year 2018 and $100,000 in fiscal year 2019
are from the general fund for the
comprehensive advanced life support
educational program under Minnesota Statutes,
section 144.6062. This is a onetime
appropriation.

(m) Opioid Abuse Prevention. $1,028,000
in fiscal year 2018 is to establish and evaluate
accountable community for health opioid
abuse prevention pilot projects. $28,000 of
this amount is for administration. This is a
onetime appropriation and is available until
June 30, 2021.

(n) Advanced Care Planning. $250,000 in
fiscal year 2018 and $250,000 in fiscal year
2019 are from the general fund for a grant to
a statewide advanced care planning resource
organization that has expertise in convening
and coordinating community-based strategies
to encourage individuals, families, caregivers,
and health care providers to begin
conversations regarding end-of-life care
choices that express an individual's health care
values and preferences and are based on
informed health care decisions. Of this
amount, $9,000 each year is for administration.
This is a onetime appropriation.

(o) Health Professionals Clinical Training
Expansion Grant Program.
$526,000 in
fiscal year 2018 and $526,000 in fiscal year
2019 are from the general fund for the primary
care and mental health professions clinical
training expansion grant program under
Minnesota Statutes, section 144.1505. Of this
amount, $26,000 each year is for
administration.

(p) Federally Qualified Health Centers.
$500,000 in fiscal year 2018 and $500,000 in
fiscal year 2019 are from the general fund to
provide subsidies to federally qualified health
centers under Minnesota Statutes, section
145.9269. This is a onetime appropriation.

(q) Base Level Adjustments. The general
fund base is $87,656,000 in fiscal year 2020
and $87,706,000 in fiscal year 2021. The
health care access fund base is $36,858,000
in fiscal year 2020 and $36,258,000 in fiscal
year 2021.

Sec. 7.

Laws 2017, First Special Session chapter 6, article 18, section 3, subdivision 3, is
amended to read:


Subd. 3.

Health Protection

Appropriations by Fund
General
20,928,000
17,339,000
State Government
Special Revenue
47,392,000
47,920,000

(a) Prescribed Pediatric Extended Care
Center Licensure Activities.
$64,000 in fiscal
year 2018 and $17,000 in fiscal year 2019 are
from the state government special revenue
fund for licensure of prescribed pediatric
extended care centers under Minnesota
Statutes, chapter 144H.

(b) deleted text beginVulnerable Adults in Health Care
Settings
deleted text endnew text begin Electronic Case Management
System
new text end.
$1,162,000 in fiscal year 2018 and
$2,030,000 in fiscal year 2019 are from the
general fund deleted text beginfor regulating health care and
home care settings.
deleted text endnew text begin for an electronic case
management system for the Office of Health
Facility Complaints. Any unexpended balance
must be used to purchase and operate an
electronic case management system. The case
management system must be able to track and
cross-reference multiple maltreatment reports
and complaints concerning the same alleged
perpetrator, facility, or licensee; the same
vulnerable adult; and the same incident.
new text end The
general fund base for this purpose is
$2,401,000 in fiscal year 2020 and $3,405,000
in fiscal year 2021.

(c) Transfer; Public Health Response
Contingency Account.
The commissioner
shall transfer $5,000,000 in fiscal year 2018
from the general fund to the public health
response contingency account established in
Minnesota Statutes, section 144.4199.

(d) Base Level Adjustment. The general fund
base is $17,710,000 in fiscal year 2020 and
$18,714,000 in fiscal year 2021. The state
government special revenue fund base is
$47,958,000 in fiscal year 2020 and
$48,295,000 in fiscal year 2021.

Sec. 8.

Laws 2017, First Special Session chapter 6, article 18, section 16, subdivision 2,
is amended to read:


Subd. 2.

Administration.

new text beginSubject to Minnesota Statutes, section 256.01, subdivision
17a,
new text endpositions, salary money, and nonsalary administrative money may be transferred within
the Departments of Health and Human Services as the commissioners consider necessary,
with the advance approval of the commissioner of management and budget. The
commissioner shall inform the chairs and ranking minority members of the senate Health
and Human Services Finance and Policy Committee, the senate Human Services Reform
Finance and Policy Committee, and the house of representatives Health and Human Services
Finance Committee quarterly about transfers made under this subdivision.

Sec. 9. new text beginTRANSFERS.
new text end

new text begin (a) By June 30, 2019, the commissioner of human services shall transfer $1,211,000
from the general fund to the health care access fund. Notwithstanding section 10, by June
30, 2020, the commissioner of human services shall transfer $1,211,000 from the health
care access fund to the general fund. These are onetime transfers.
new text end

new text begin (b) By June 30, 2018, the commissioner of human services shall transfer:
new text end

new text begin (1) $14,000,000 from the systems operations account in the special revenue fund to the
general fund. This is a onetime transfer;
new text end

new text begin (2) $2,224,000 from the systems fund long-term care options project account in the
special revenue fund to the general fund. This is a onetime transfer; and
new text end

new text begin (3) $2,400,000 from the direct care and treatment special health care receipts account
in the special revenue fund to the general fund. This is a onetime transfer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 10. new text beginEXPIRATION OF UNCODIFIED LANGUAGE.
new text end

new text begin All uncodified language contained in this article expires on June 30, 2019, unless a
different expiration date is specified.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2018, unless a different effective date is specified.
new text end

ARTICLE 46

STUDENT AND SCHOOL SAFETY

Section 1.

new text begin [121A.35] SCHOOL SAFETY ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin School safety assessment. new text end

new text begin "School safety assessment" means a fact-based
process using an integrated team approach that helps schools evaluate and assess potentially
threatening situations or students whose behavior may pose a threat to the safety of school
staff or students.
new text end

new text begin Subd. 2. new text end

new text begin Policy. new text end

new text begin A school board must adopt a policy to establish safety assessment teams
to conduct school safety assessments consistent with subdivision 1. A safety assessment
policy must be consistent with district policies developed in accordance with section
121A.035, and with any guidance provided by the Department of Public Safety's School
Safety Center. A safety assessment policy must include procedures for referrals to mental
health centers or health care providers for evaluation or treatment, when appropriate. A
safety assessment policy must require notice to the parent or guardian of a student whose
behavior is assessed to determine whether the student poses a threat to the safety of school
staff or students, unless notice to the parent or guardian is not in the minor's best interests,
consistent with section 13.02, subdivision 8, and 13.32, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Oversight committees. new text end

new text begin The superintendent of a school district must establish
a committee or individual charged with oversight of the safety assessment teams operating
within the district, which may be an existing committee established by the school board.
new text end

new text begin Subd. 4. new text end

new text begin Safety assessment teams. new text end

new text begin (a) The superintendent of a school district must
establish, for each school, a safety assessment team that includes, to the extent practicable,
school officials with expertise in counseling, school administration, students with disabilities,
and law enforcement. A safety assessment team may serve one or more schools, as
determined by the superintendent.
new text end

new text begin (b) A safety assessment team must:
new text end

new text begin (1) provide guidance to students, faculty, and staff regarding recognition of threatening
or aberrant behavior that may represent a threat to the community, school, or self, and the
members of the community to whom threatening or aberrant behavior should be reported;
new text end

new text begin (2) consider whether there is sufficient information to determine whether or not a student
poses a threat;
new text end

new text begin (3) implement a policy adopted by the school board under subdivision 2; and
new text end

new text begin (4) report summary data on its activities according to guidance developed by the School
Safety Center.
new text end

new text begin (c) Upon a preliminary determination that a student poses a threat of violence or physical
harm to self or others, a safety assessment team must immediately report its determination
to the district superintendent or the superintendent's designee, who must immediately attempt
to notify the student's parent or legal guardian. The safety assessment team must consider
services to address the student's underlying issues, which may include counseling, social
work services, character education consistent with section 120B.232, evidence-based
academic and positive behavioral interventions and supports, mental health services, and
referrals for special education or section 504 evaluations.
new text end

new text begin (d) Upon determining that a student exhibits suicidal ideation or self-harm, a school
safety assessment team must follow the district's suicide prevention policy or protocol or
refer the student to an appropriate school-linked mental health professional or other support
personnel. Access to information regarding a student exhibiting suicidal ideation or self-harm
is subject to section 13.32, subdivision 2.
new text end

new text begin (e) Nothing in this section precludes a school district official or employee from acting
immediately to address an imminent threat.
new text end

new text begin Subd. 5. new text end

new text begin Redisclosure. new text end

new text begin (a) A safety assessment team member must not redisclose
educational records or use any record of an individual beyond the purpose for which the
disclosure was made to the safety assessment team. A school district employee who has
access to information related to a safety assessment is subject to this subdivision.
new text end

new text begin (b) Nothing in this section prohibits the disclosure of educational records in health,
including mental health, and safety emergencies in accordance with state and federal law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 2.

new text begin [121A.441] EXPULSION FOR MAKING A THREAT OF VIOLENCE.
new text end

new text begin Notwithstanding the time limitation in section 121A.41, subdivision 5, a school board
may expel for a period of at least one year a pupil who makes a threat of gun violence against
another person or makes a threat of violence with the intent to cause evacuation of a school
site or school administration building. A school board may modify the expulsion for a pupil
on a case-by-case basis.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2016, section 123B.595, as amended by Laws 2017, First
Special Session chapter 5, article 5, sections 3 and 4, is amended to read:


123B.595 LONG-TERM FACILITIES MAINTENANCE REVENUE.

Subdivision 1.

Long-term facilities maintenance revenue.

deleted text begin (a) For fiscal year 2017
only, long-term facilities maintenance revenue equals the greater of (1) the sum of (i) $193
times the district's adjusted pupil units times the lesser of one or the ratio of the district's
average building age to 35 years, plus the cost approved by the commissioner for indoor
air quality, fire alarm and suppression, and asbestos abatement projects under section
123B.57, subdivision 6, with an estimated cost of $100,000 or more per site, plus (ii) for a
school district with an approved voluntary prekindergarten program under section 124D.151,
the cost approved by the commissioner for remodeling existing instructional space to
accommodate prekindergarten instruction, or (2) the sum of (i) the amount the district would
have qualified for under Minnesota Statutes 2014, section 123B.57, Minnesota Statutes
2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii) for a school
district with an approved voluntary prekindergarten program under section 124D.151, the
cost approved by the commissioner for remodeling existing instructional space to
accommodate prekindergarten instruction.
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end For fiscal year 2018 only, long-term facilities maintenance revenue equals the
greater of (1) the sum of (i) $292 times the district's adjusted pupil units times the lesser of
one or the ratio of the district's average building age to 35 years, plus (ii) the cost approved
by the commissioner for indoor air quality, fire alarm and suppression, and asbestos
abatement projects under section 123B.57, subdivision 6, with an estimated cost of $100,000
or more per site, plus (iii) for a school district with an approved voluntary prekindergarten
program under section 124D.151, the cost approved by the commissioner for remodeling
existing instructional space to accommodate prekindergarten instruction, or (2) the sum of
(i) the amount the district would have qualified for under Minnesota Statutes 2014, section
123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section
123B.591, and (ii) for a school district with an approved voluntary prekindergarten program
under section 124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction.

deleted text begin (c)deleted text endnew text begin (b)new text end For fiscal year 2019 and later, long-term facilities maintenance revenue equals
the greater of (1) the sum of (i) $380 times the district's adjusted pupil units times the lesser
of one or the ratio of the district's average building age to 35 years, plus (ii) the cost approved
by the commissioner for indoor air quality, fire alarm and suppression, and asbestos
abatement projects under section 123B.57, subdivision 6, with an estimated cost of $100,000
or more per site, plus (iii) for a school district with an approved voluntary prekindergarten
program under section 124D.151, the cost approved by the commissioner for remodeling
existing instructional space to accommodate prekindergarten instruction, or (2) the sum of
(i) the amount the district would have qualified for under Minnesota Statutes 2014, section
123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section
123B.591, and (ii) for a school district with an approved voluntary prekindergarten program
under section 124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction.

deleted text begin (d)deleted text endnew text begin (c)new text end Notwithstanding paragraphs (a)deleted text begin,deleted text endnew text begin andnew text end (b), deleted text beginand (c),deleted text end a school district that qualified
for eligibility under Minnesota Statutes 2014, section 123B.59, subdivision 1, paragraph
(a), for fiscal year 2010 remains eligible for funding under this section as a district that
would have qualified for eligibility under Minnesota Statutes 2014, section 123B.59,
subdivision 1, paragraph (a), for fiscal year 2017 and later.

Subd. 2.

Long-term facilities maintenance revenue for a charter school.

deleted text begin (a) For fiscal
year 2017 only, long-term facilities maintenance revenue for a charter school equals $34
times the adjusted pupil units.
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end For fiscal year 2018 only, long-term facilities maintenance revenue for a charter
school equals $85 times the adjusted pupil units.

deleted text begin (c)deleted text endnew text begin (b)new text end For fiscal year 2019 and later, long-term facilities maintenance revenue for a
charter school equals $132 times the adjusted pupil units.

Subd. 3.

Intermediate districts and other cooperative units.

Upon approval through
the adoption of a resolution by each member district school board of an intermediate district
or other cooperative units under section 123A.24, subdivision 2, and the approval of the
commissioner of education, a school district may include in its authority under this section
a proportionate share of the long-term maintenance costs of the intermediate district or
cooperative unit. The cooperative unit may issue bonds to finance the project costs or levy
for the costs, using long-term maintenance revenue transferred from member districts to
make debt service payments or pay project costs. Authority under this subdivision is in
addition to the authority for individual district projects under subdivision 1.

Subd. 4.

Facilities plans.

(a) To qualify for revenue under this section, a school district
or intermediate district, not including a charter school, must have a ten-year facility plan
adopted by the school board and approved by the commissioner. The plan must include
provisions for implementing a health and safety program that complies with health, safety,
and environmental regulations and best practices, including indoor air quality management
and remediation of lead hazards.new text begin The plan may include provisions for enhancing school
safety through physical modifications to school facilities as described in subdivision 4a.
new text end

(b) The district must annually update the plan, submit the plan to the commissioner for
approval by July 31, and indicate whether the district will issue bonds to finance the plan
or levy for the costs.

(c) For school districts issuing bonds to finance the plan, the plan must include a debt
service schedule demonstrating that the debt service revenue required to pay the principal
and interest on the bonds each year will not exceed the projected long-term facilities revenue
for that year.

new text begin Subd. 4a. new text end

new text begin School safety facility enhancements. new text end

new text begin For fiscal years 2020 and 2021 only,
a school district may include in its facilities plan a school safety facilities plan. School safety
projects may include remodeling and new construction for school security enhancements,
and equipment and facility modifications related to violence prevention and facility security.
Projects authorized prior to July 1, 2021, may be included in the plan until the projects are
complete.
new text end

Subd. 5.

Bond authorization.

(a) A school district may issue general obligation bonds
under this section to finance facilities plans approved by its board and the commissioner.
Chapter 475, except sections 475.58 and 475.59, must be complied with. The authority to
issue bonds under this section is in addition to any bonding authority authorized by this
chapter or other law. The amount of bonding authority authorized under this section must
be disregarded in calculating the bonding or net debt limits of this chapter, or any other law
other than section 475.53, subdivision 4.

(b) At least 20 days before the earliest of solicitation of bids, the issuance of bonds, or
the final certification of levies under subdivision 6, the district must publish notice of the
intended projects, the amount of the bond issue, and the total amount of district indebtedness.

(c) The portion of revenue under this section for bonded debt must be recognized in the
debt service fund.

Subd. 6.

Levy authorization.

A district may levy for costs related to an approved plan
under subdivision 4 as follows:

(1) if the district has indicated to the commissioner that bonds will be issued, the district
may levy for the principal and interest payments on outstanding bonds issued under
subdivision 5 after reduction for any aid receivable under subdivision 9;

(2) if the district has indicated to the commissioner that the plan will be funded through
levy, the district may levy according to the schedule approved in the plan after reduction
for any aid receivable under subdivision 9; or

(3) if the debt service revenue for a district required to pay the principal and interest on
bonds issued under subdivision 5 exceeds the district's long-term facilities maintenance
revenue for the same fiscal year, the district's general fund levy must be reduced by the
amount of the excess.

Subd. 7.

Long-term facilities maintenance equalization revenue.

deleted text begin (a) For fiscal year
2017 only, a district's long-term facilities maintenance equalization revenue equals the lesser
of (1) $193 times the adjusted pupil units or (2) the district's revenue under subdivision 1.
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end For fiscal year 2018 only, a district's long-term facilities maintenance equalization
revenue equals the lesser ofnew text begin:new text end (1) $292 times the adjusted pupil unitsnew text begin;new text end or (2) the district's
revenue under subdivision 1.

deleted text begin (c)deleted text endnew text begin (b)new text end For fiscal year 2019 and later, a district's long-term facilities maintenance
equalization revenue equals the lesser ofnew text begin:new text end (1) $380 times the adjusted pupil unitsnew text begin;new text end or (2) the
district's revenue under subdivision 1.

deleted text begin (d)deleted text endnew text begin (c)new text end Notwithstanding paragraphs (a) deleted text beginto (c)deleted text endnew text begin and (b)new text end, a district's long-term facilities
maintenance equalization revenue must not be less than the lesser of the district's long-term
facilities maintenance revenue or the amount of aid the district received for fiscal year 2015
under new text beginMinnesota Statutes 2014, new text endsection 123B.59, subdivision 6.

Subd. 8.

Long-term facilities maintenance equalized levy.

(a) deleted text beginFor fiscal year 2017
and later,
deleted text end A district's long-term facilities maintenance equalized levy equals the district's
long-term facilities maintenance equalization revenue minus the greater of:

(1) the lesser of the district's long-term facilities maintenance equalization revenue or
the amount of aid the district received for fiscal year 2015 under Minnesota Statutes 2014,
section 123B.59, subdivision 6; or

(2) the district's long-term facilities maintenance equalization revenue times the greater
of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per adjusted pupil unit
in the year preceding the year the levy is certified to 123 percent of the state average adjusted
net tax capacity per adjusted pupil unit for all school districts in the year preceding the year
the levy is certified.

(b) For purposes of this subdivision, "adjusted net tax capacity" means the value described
in section 126C.01, subdivision 2, paragraph (b).

Subd. 8a.

Long-term facilities maintenance unequalized levy.

deleted text beginFor fiscal year 2017
and later,
deleted text end A district's long-term facilities maintenance unequalized levy equals the difference
between the district's revenue under subdivision 1 and the district's equalization revenue
under subdivision 7.

Subd. 9.

Long-term facilities maintenance equalized aid.

deleted text beginFor fiscal year 2017 and
later,
deleted text end A district's long-term facilities maintenance equalized aid equals its long-term facilities
maintenance equalization revenue minus its long-term facilities maintenance equalized levy
times the ratio of the actual equalized amount levied to the permitted equalized levy.

Subd. 10.

Allowed uses for long-term facilities maintenance revenue.

(a) A district
may use revenue under this section for any of the following:

(1) deferred capital expenditures and maintenance projects necessary to prevent further
erosion of facilities;

(2) increasing accessibility of school facilities;

(3) health and safety capital projects under section 123B.57;

new text begin (4) school safety facility enhancements authorized under subdivision 4a;new text end or

deleted text begin (4)deleted text endnew text begin (5)new text end by board resolution, to transfer money from the general fund reserve for long-term
facilities maintenance to the debt redemption fund to pay the amounts needed to meet, when
due, principal and interest on general obligation bonds issued under subdivision 5.

(b) A charter school may use revenue under this section for any purpose related to the
schoolnew text begin, including school safety facility enhancementsnew text end.

Subd. 11.

Restrictions on long-term facilities maintenance revenue.

Notwithstanding
subdivision 10, new text beginfor projects other than school safety facility enhancements authorized under
subdivision 4a,
new text endlong-term facilities maintenance revenue may not be used:

(1) for the construction of new facilities, remodeling of existing facilities, or the purchase
of portable classrooms;

(2) to finance a lease purchase agreement, installment purchase agreement, or other
deferred payments agreement;

(3) for energy-efficiency projects under section 123B.65, for a building or property or
part of a building or property used for postsecondary instruction or administration, or for a
purpose unrelated to elementary and secondary education; or

(4) for violence prevention and facility security, ergonomics, or emergency
communication devices.

Subd. 12.

Reserve account.

The portion of long-term facilities maintenance revenue
not recognized under subdivision 5, paragraph (c), must be maintained in a reserve account
within the general fund.

Sec. 4.

Minnesota Statutes 2016, section 123B.61, is amended to read:


123B.61 PURCHASE OF CERTAIN EQUIPMENT.

new text begin (a) new text endThe board of a district may issue general obligation certificates of indebtedness or
capital notes subject to the district debt limits to:

deleted text begin (a)deleted text endnew text begin (1)new text end purchase vehicles, computers, telephone systems, cable equipment, photocopy
and office equipment, technological equipment for instruction, new text beginpublic announcement systems,
emergency communications devices, other equipment related to violence prevention and
facility security,
new text endand other capital equipment having an expected useful life at least as long
as the terms of the certificates or notes;

deleted text begin (b)deleted text endnew text begin (2)new text end purchase computer hardware and software, without regard to its expected useful
life, whether bundled with machinery or equipment or unbundled, together with application
development services and training related to the use of the computer; and

deleted text begin (c)deleted text endnew text begin (3)new text end prepay special assessments.

new text begin (b) new text endThe certificates or notes must be payable in not more than ten years and must be
issued on the terms and in the manner determined by the board, except that certificates or
notes issued to prepay special assessments must be payable in not more than 20 years. The
certificates or notes may be issued by resolution and without the requirement for an election.
The certificates or notes are general obligation bonds for purposes of section 126C.55.

new text begin (c) new text endA tax levy must be made for the payment of the principal and interest on the
certificates or notes, in accordance with section 475.61, as in the case of bonds. The sum
of the tax levies under this section and section 123B.62 for each year must not exceed the
lesser new text beginof the sum new text endof the amount of the district's total operating capital revenuenew text begin and safe
schools revenue
new text end or the sum of the district's levy in the general and community service funds
excluding the adjustments under this section for the year preceding the year the initial debt
service levies are certified.

new text begin (d) new text endThe district's general fund levy for each year must be reduced by the sum ofnew text begin:
new text end

(1) the amount of the tax levies for debt service certified for each year for payment of
the principal and interest on the certificates or notes issued under this section as required
by section 475.61deleted text begin,deleted text endnew text begin;
new text end

(2) the amount of the tax levies for debt service certified for each year for payment of
the principal and interest on bonds issued under section 123B.62deleted text begin,deleted text endnew text begin;new text end and

(3) any excess amount in the debt redemption fund used to retire bonds, certificates, or
notes issued under this section or section 123B.62 after April 1, 1997, other than amounts
used to pay capitalized interest.

new text begin (e)new text end If the district's general fund levy is less than the amount of the reduction, the balance
shall be deducted first from the district's community service fund levy, and next from the
district's general fund or community service fund levies for the following year.

new text begin (f)new text end A district using an excess amount in the debt redemption fund to retire the certificates
or notes shall report the amount used for this purpose to the commissioner by July 15 of the
following fiscal year. A district having an outstanding capital loan under section 126C.69
or an outstanding debt service loan under section 126C.68 must not use an excess amount
in the debt redemption fund to retire the certificates or notes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 126C.44, is amended to read:


126C.44 SAFE SCHOOLS deleted text beginLEVYdeleted text endnew text begin REVENUEnew text end.

new text begin Subdivision 1. new text end

new text begin Safe schools revenue. new text end

new text begin (a) A school district's total safe schools revenue
equals the sum of:
new text end

new text begin (1) the greater of: (i) $30,000; or (ii) $54 per adjusted pupil unit for fiscal year 2019 or
$41.50 per adjusted pupil unit for fiscal year 2020 and later;
new text end

new text begin (2) the amounts under subdivision 7; and
new text end

new text begin (3) for a district not accessing revenue under subdivision 7, the amount under subdivision
8.
new text end

new text begin (b) A charter school's safe schools revenue equals $18 times its adjusted pupil units for
fiscal year 2019 and $5.50 times its adjusted pupil units for fiscal year 2020 and later. The
revenue must be reserved and used only for costs associated with safe schools activities
authorized under subdivision 6, paragraph (a), clauses (1) to (9), or for building lease
expenses not funded by charter school building lease aid that are attributable to facility
security enhancements made by the landlord after March 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Equalized safe schools revenue. new text end

new text begin A school district's equalized safe schools
revenue equals $36 times the district's adjusted pupil units for that year.
new text end

new text begin Subd. 3. new text end

new text begin Safe schools equalized levy. new text end

(a) deleted text beginEach district may make a levy on all taxable
property located within the district for the purposes specified in this section. The maximum
amount which may be levied for all costs under this section shall be equal to $36 multiplied
by the district's
deleted text endnew text begin For fiscal years 2020 and 2021 only, a school district's safe schools equalized
levy equals the product of its equalized safe schools revenue under subdivision 2 times the
lesser of one or the ratio of its adjusted net tax capacity per
new text end adjusted pupil deleted text beginunits for the
school year
deleted text endnew text begin unit to 68.5 percent of the statewide adjusted net tax capacity equalizing factornew text end.

new text begin (b) For fiscal year 2022 and later, a school district's safe schools equalized levy equals
its equalized safe schools revenue.
new text end

new text begin Subd. 4. new text end

new text begin Safe schools aid. new text end

new text begin (a) A school district's safe schools aid equals the sum of:
new text end

new text begin (1) the greater of (i) the district's revenue under subdivision 1, paragraph (a), clause (1),
minus the district's equalized safe schools revenue under subdivision 2, or (ii) $18 times its
adjusted pupil units for fiscal year 2019 and $5.50 times its adjusted pupil units for fiscal
year 2020 and later;
new text end

new text begin (2) its safe schools equalization aid equal to: (i) the difference between its safe schools
equalized revenue minus its safe schools equalized levy; times (ii) the ratio of the actual
amount levied to the permitted levy under subdivision 3;
new text end

new text begin (3) its intermediate school district aid under subdivision 7; and
new text end

new text begin (4) its cooperative unit aid under subdivision 8.
new text end

new text begin (b) A charter school's safe schools aid equals its safe schools revenue.
new text end

new text begin (c) For fiscal year 2019 only, a district's aid under this subdivision is increased by the
greater of (1) zero or (2) $30,000 minus the district's aid under paragraph (a), clause (1),
minus the safe schools levy certified by the district for taxes payable in 2018.
new text end

new text begin Subd. 5. new text end

new text begin Revenue reserved. new text end

deleted text beginThe proceeds of the levydeleted text endnew text begin A school district's safe schools
revenue
new text end must be reserved and used for deleted text begindirectly fundingdeleted text end the deleted text beginfollowingdeleted text end purposes deleted text beginor for
reimbursing the cities and counties who contract with the district for the following purposes:
deleted text endnew text begin
authorized in subdivision 6.
new text end

new text begin Subd. 6. new text end

new text begin Revenue uses. new text end

new text begin (a) A school district must use its safe schools revenue for the
following:
new text end

(1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace
officers and sheriffs for liaison in services in the district's schoolsnew text begin, whether through contract
or reimbursement to the city or county employing authority
new text end;

(2) to pay the costs for a drug abuse prevention program as defined in section 609.101,
subdivision 3
, paragraph (e), in the elementary schools;

(3) to pay the costs for a gang resistance education training curriculum in the district's
schools;

(4) to pay the costs for security in the district's schools and on school property;

(5) to pay the costs for other crime prevention, drug abuse, student and staff safety,
voluntary opt-in suicide prevention tools, and violence prevention measures taken by the
school district;

(6) to pay costs for licensed school counselors, licensed school nurses, licensed school
social workers, licensed school psychologists, and licensed alcohol and chemical dependency
counselors to help provide early responses to problems;

(7) to pay for facility security enhancements including laminated glass, public
announcement systems, emergency communications devices, and equipment and facility
modifications related to violence prevention and facility security;

(8) to pay for costs associated with improving the school climate; deleted text beginor
deleted text end

(9) to pay costs for colocating and collaborating with mental health professionals who
are not district employees or contractorsdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (10) by board resolution, to transfer money into the debt redemption fund to pay the
amounts needed to meet, when due, principal and interest payments on obligations issued
under sections 123B.61 and 123B.62 for purposes included in clause (7).
new text end

(b) For expenditures under paragraph (a), clause (1), the district must initially attempt
to contract for services to be provided by peace officers or sheriffs with the police department
of each city or the sheriff's department of the county within the district containing the school
receiving the services. If a local police department or a county sheriff's department does
not wish to provide the necessary services, the district may contract for these services with
any other police or sheriff's department located entirely or partially within the school district's
boundaries.

new text begin Subd. 7. new text end

new text begin Intermediate school districts. new text end

deleted text begin(c)deleted text endnew text begin (a)new text end A school district that is a member of an
intermediate school district may deleted text begininclude indeleted text endnew text begin add tonew text end its new text beginlevy new text endauthority under this section the
costs associated with safe schools activities authorized under deleted text beginparagraph (a)deleted text endnew text begin subdivision 6new text end
for intermediate school district programs. This new text beginlevy new text endauthority must not exceed $15 times
the adjusted pupil units of the member districts. This new text beginlevy new text endauthority is in addition to any
other authority authorized under this section. Revenue raised under this deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end
must be transferred to the intermediate school district.

new text begin (b) For fiscal year 2019 only, a school district that is a member of an intermediate school
district is eligible for additional safe schools aid equal to $6 times its adjusted pupil units
for that year.
new text end

new text begin Subd. 8. new text end

new text begin Other cooperative units. new text end

new text begin A school district that is a member of a cooperative
unit defined under section 123A.24, subdivision 2, that enrolls students other than a member
of an intermediate school district, is eligible for additional safe schools aid equal to $7.50
times its adjusted pupil units for fiscal year 2019 and $3.50 times its adjusted pupil units
for fiscal year 2020 and later. Revenue raised under this subdivision must be transferred to
the cooperative unit.
new text end

new text begin Subd. 9. new text end

new text begin Reporting. new text end

new text begin A school district or charter school receiving revenue under this
section must annually report safe schools expenditures to the commissioner, in the form
and manner specified by the commissioner. The report must include spending by functional
area and any new staff positions hired and align with the revenue uses according to
subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2019 and later.
new text end

Sec. 6.

Minnesota Statutes 2017 Supplement, section 245.4889, subdivision 1, is amended
to read:


Subdivision 1.

Establishment and authority.

(a) The commissioner is authorized to
make grants from available appropriations to assist:

(1) counties;

(2) Indian tribes;

(3) children's collaboratives under section 124D.23 or 245.493; or

(4) mental health service providers.

(b) The following services are eligible for grants under this section:

(1) services to children with emotional disturbances as defined in section 245.4871,
subdivision 15, and their families;

(2) transition services under section 245.4875, subdivision 8, for young adults under
age 21 and their families;

(3) respite care services for children with severe emotional disturbances who are at risk
of out-of-home placement;

(4) children's mental health crisis services;

(5) mental health services for people from cultural and ethnic minorities;

(6) children's mental health screening and follow-up diagnostic assessment and treatment;

(7) services to promote and develop the capacity of providers to use evidence-based
practices in providing children's mental health services;

(8) school-linked mental health servicesdeleted text begin, including transportation for children receiving
school-linked mental health services when school is not in session
deleted text end;

(9) building evidence-based mental health intervention capacity for children birth to age
five;

(10) suicide prevention and counseling services that use text messaging statewide;

(11) mental health first aid training;

(12) training for parents, collaborative partners, and mental health providers on the
impact of adverse childhood experiences and trauma and development of an interactive
Web site to share information and strategies to promote resilience and prevent trauma;

(13) transition age services to develop or expand mental health treatment and supports
for adolescents and young adults 26 years of age or younger;

(14) early childhood mental health consultation;

(15) evidence-based interventions for youth at risk of developing or experiencing a first
episode of psychosis, and a public awareness campaign on the signs and symptoms of
psychosis;

(16) psychiatric consultation for primary care practitioners; and

(17) providers to begin operations and meet program requirements when establishing a
new children's mental health program. These may be start-up grants.

(c) Services under paragraph (b) must be designed to help each child to function and
remain with the child's family in the community and delivered consistent with the child's
treatment plan. Transition services to eligible young adults under this paragraph must be
designed to foster independent living in the community.

new text begin (d) As a condition of receiving grant funds, a grantee must obtain all available third-party
reimbursement sources, if applicable.
new text end

Sec. 7.

Minnesota Statutes 2016, section 245.4889, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin School-linked mental health services grants. new text end

new text begin (a) An eligible applicant for
school-linked mental health services grants under subdivision 1, paragraph (b), clause (8),
is an entity that is:
new text end

new text begin (1) certified under Minnesota Rules, parts 9520.0750 to 9520.0870;
new text end

new text begin (2) a community mental health center under section 256B.0625, subdivision 5;
new text end

new text begin (3) an Indian health service facility or facility owned and operated by a tribe or tribal
organization operating under United States Code, title 25, section 5321;
new text end

new text begin (4) a provider of children's therapeutic services and supports as defined in section
256B.0943; or
new text end

new text begin (5) enrolled in medical assistance as a mental health or substance use disorder provider
agency and employs at least two full-time equivalent mental health professionals as defined
in section 245.4871, subdivision 27, clauses (1) to (6), or two alcohol and drug counselors
licensed or exempt from licensure under chapter 148F who are qualified to provide clinical
services to children and families.
new text end

new text begin (b) Allowable grant expenses include transportation for children receiving school-linked
mental health services when school is not in session, and may be used to purchase equipment,
connection charges, on-site coordination, set-up fees, and site fees in order to deliver
school-linked mental health services defined in subdivision 1a, via telemedicine consistent
with section 256B.0625, subdivision 3b.
new text end

Sec. 8.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 34,
is amended to read:


Subd. 34.

Sanneh Foundation.

(a) For a grant to the Sanneh Foundation to provide
all-day, in-school, and before- and after-school academic and behavioral interventions for
low-performing and chronically absent students with a focus on low-income students and
students of color throughout the school year and during the summer to decrease absenteeism,
encourage school engagement, and improve grades and graduation rates.

$
1,000,000
.....
2018
new text begin $
new text end
new text begin 250,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

(b) Funds appropriated deleted text beginin this sectiondeleted text endnew text begin for fiscal year 2018new text end must be used to establish and
provide services in schools where the Sanneh Foundation does not currently operate, and
must not be used for programs operating in schools as of June 30, 2017new text begin. Funds appropriated
for fiscal year 2019 may be used to provide services under paragraph (a) in any school
new text end.

(c) new text beginFor the fiscal year 2019 appropriation only, up to three percent is for administering
the grant.
new text end This is a onetime appropriation. Any balance in the first year does not cancel but
is available in the second year.

Sec. 9. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Commissioner of education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the commissioner of education for the specified
purposes.
new text end

new text begin Subd. 2. new text end

new text begin Safe schools aid. new text end

new text begin (a) For safe schools aid under Minnesota Statutes, section
126C.44:
new text end

new text begin $
new text end
new text begin 19,919,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) The 2019 appropriation includes $0 for 2018 and $19,919,000 for 2019.
new text end

new text begin Subd. 3. new text end

new text begin Children's school-linked mental health grants. new text end

new text begin (a) For transfer to the
commissioner of human services for children's school-linked mental health grants under
Minnesota Statutes, section 245.4889, subdivision 1, paragraph (b), clause (8), including
the delivery of school-linked mental health services by telemedicine:
new text end

new text begin $
new text end
new text begin 5,120,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) The commissioner's administrative expenses are $343,000 in fiscal year 2019 and
$381,000 in fiscal year 2020 and later.
new text end

new text begin (c) The base for fiscal year 2020 is $5,133,000.
new text end

new text begin Subd. 4. new text end

new text begin Physical security audit grants for public schools. new text end

new text begin (a) For transfer to the
commissioner of public safety for grants to school districts and charter schools to reimburse
applicants for up to 100 percent of the cost for an audit of the physical security of public
school campuses and crisis management policies adopted pursuant to Minnesota Statutes,
section 121A.035, subdivision 2:
new text end

new text begin $
new text end
new text begin 1,000,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) The commissioner of public safety must establish specific eligibility and application
criteria including a requirement that audits be conducted by consultants holding professional
certification deemed acceptable by the commissioner, including but not limited to a Certified
Protection Professional certification from the American Society for Industrial Security.
new text end

new text begin (c) Of this amount, up to $90,000 is for administering the grant. This is a onetime
appropriation and is available until June 30, 2021.
new text end

new text begin Subd. 5. new text end

new text begin School resource officer training grants. new text end

new text begin (a) For grants to reimburse school
districts and charter schools for up to one-half of the costs of school resource officer training:
new text end

new text begin $
new text end
new text begin 250,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) The commissioner and the director of the Minnesota School Safety Center are
encouraged to develop school resource officer training guidelines and provide school districts
and charter schools a list of approved school resource officer training programs.
new text end

new text begin (c) A district or charter school seeking a grant under this subdivision must submit an
application in the form and manner specified by the commissioner of education.
Reimbursement must not exceed $500 per officer. The commissioner must prorate grant
amounts if the appropriation is insufficient to fully fund the state's share of the training.
new text end

new text begin (d) A recipient school district or charter school and the local law enforcement agency
must enter into an agreement to pay for the remaining training costs for school resource
officer training. The school district or charter school and the law enforcement agency may
seek private funds to pay for the local share of the school resource officer training costs.
new text end

new text begin (e) Of this amount, up to three percent is for administering the grant. This is a onetime
appropriation and is available until June 30, 2021.
new text end

new text begin Subd. 6. new text end

new text begin Safety assessment grants. new text end

new text begin (a) For grants to school districts for training for
members of safety assessment teams and oversight committees under Minnesota Statutes,
section 121A.35:
new text end

new text begin $
new text end
new text begin 150,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) The commissioner and the director of the Minnesota School Safety Center are
encouraged to develop safety assessment training guidelines and provide school districts a
list of approved safety assessment training programs.
new text end

new text begin (c) Of this amount, up to three percent is for administering the grant. This is a onetime
appropriation.
new text end

new text begin (d) The fiscal year 2019 appropriation is available until June 30, 2021. Any remaining
balance is canceled to the general fund.
new text end

new text begin Subd. 7. new text end

new text begin Suicide prevention training for teachers. new text end

new text begin (a) For a grant to a nationally
recognized organization to offer evidence-based online training for teachers on suicide
prevention and engaging students experiencing mental distress:
new text end

new text begin $
new text end
new text begin 273,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) Of this amount, up to three percent is for administering the grant. This is a onetime
appropriation and is available until June 30, 2021.
new text end

new text begin (c) The recipient of the suicide prevention training grant under this subdivision must
make the training accessible to all Minnesota school districts, cooperative units defined
under Minnesota Statutes, section 123A.24, subdivision 2, tribal schools, and charter schools.
new text end

new text begin Subd. 8. new text end

new text begin Incentive grants for character development education. new text end

new text begin (a) For incentive
grants to public schools and charter schools that offer the Congressional Medal of Honor
character development program:
new text end

new text begin $
new text end
new text begin 190,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) The commissioner must award grants to public schools and charter schools that
demonstrate use of the Congressional Medal of Honor character development program. The
commissioner must allocate the appropriation proportionally among the public schools and
charter schools that apply, not to exceed $5,000 per school per fiscal year. If the entire
appropriation is not expended in fiscal year 2019, the commissioner must award additional
grants in fiscal years 2020 and 2021. The grant award may be used for any school-related
purpose consistent with Minnesota Statutes, section 120B.232.
new text end

new text begin (c) Of this amount, up to three percent is for administering the grant. This is a onetime
appropriation and is available until June 30, 2021.
new text end

ARTICLE 47

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2017 Supplement, section 123B.41, subdivision 2, is amended
to read:


Subd. 2.

Textbook.

(a) "Textbook" means any book or book substitute, including
electronic books as well as other printed materials delivered electronically, which a pupil
uses as a text or text substitute in a particular class or program in the school regularly
attended and a copy of which is expected to be available for the individual use of each pupil
in this class or program. Textbook includes an online book with an annual subscription cost.new text begin
Textbook includes teacher materials that accompany materials that a pupil uses.
new text end

(b) For purposes of calculating the annual nonpublic pupil aid entitlement for textbooks,
the term shall be limited to books, workbooks, or manuals, whether bound or in loose-leaf
form, as well as electronic books and other printed materials delivered electronically,
intended for use as a principal source of study material for a given class or a group of
students.

(c) For purposes of sections 123B.40 to 123B.48, the terms "textbook" and "software
or other educational technology" include only such secular, neutral, and nonideological
materials as are available, used by, or of benefit to Minnesota public school pupils.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 123B.41, subdivision 5, is amended to read:


Subd. 5.

Individualized instructional or cooperative learning materials.

new text begin(a)
new text end "Individualized instructional or cooperative learning materials" means educational materials
which:

deleted text begin (a)deleted text endnew text begin (1)new text end are designed primarily for individual pupil use or use by pupils in a cooperative
learning group in a particular class or program in the school the pupil regularly attendsnew text begin,
including teacher materials that accompany materials that a pupil uses
new text end;

deleted text begin (b)deleted text endnew text begin (2)new text end are secular, neutral, nonideological and not capable of diversion for religious
use; and

deleted text begin (c)deleted text endnew text begin (3)new text end are available, used by, or of benefit to Minnesota public school pupils.

new text begin (b) new text endSubject to the requirements in new text beginparagraph (a), new text endclauses deleted text begin(a)deleted text endnew text begin (1)new text end, deleted text begin(b)deleted text endnew text begin (2)new text end, and deleted text begin(c)deleted text endnew text begin (3)new text end,
"individualized instructional or cooperative learning materials" include, but are not limited
to, the following if they do not fall within the definition of "textbook" in subdivision 2:
published materials; periodicals; documents; pamphlets; photographs; reproductions; pictorial
or graphic works; prerecorded video programs; prerecorded tapes, cassettes and other sound
recordings; manipulative materials; desk charts; games; study prints and pictures; desk
maps; models; learning kits; blocks or cubes; flash cards; individualized multimedia systems;
prepared instructional computer software programs; choral and band sheet music; electronic
books and other printed materials delivered electronically; and CD-Rom.

new text begin (c) new text end"Individualized instructional or cooperative learning materials" do not include
instructional equipment, instructional hardware, or ordinary daily consumable classroom
supplies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 123B.42, subdivision 3, is amended to read:


Subd. 3.

Cost; limitation.

(a) The cost per pupil of the textbooks, individualized
instructional or cooperative learning materials, software or other educational technology,
and standardized tests provided for in this section for each school year must not exceed the
statewide average expenditure per pupil, adjusted pursuant to deleted text beginclausedeleted text endnew text begin paragraphnew text end (b), by the
Minnesota public elementary and secondary schools for textbooks, individualized
instructional materials and standardized tests as computed and established by the department
by February 1 of the preceding school year from the most recent public school year data
then available.

(b) The cost computed in deleted text beginclausedeleted text endnew text begin paragraphnew text end (a) shall be increased by an inflation
adjustment equal to the percent of increase in the formula allowance, pursuant to section
126C.10, subdivision 2, from the second preceding school year to the current school year.
deleted text begin Notwithstanding the amount of the formula allowance for fiscal years 2015 and 2016 in
section 126C.10, subdivision 2, the commissioner shall use the amount of the formula
allowance for the current year minus $414 in determining the inflation adjustment for fiscal
years 2015 and 2016.
deleted text end

(c) The commissioner shall allot to the districts or intermediary service areas the total
cost for each school year of providing or loaning the textbooks, individualized instructional
or cooperative learning materials, software or other educational technology, and standardized
tests for the pupils in each nonpublic school. The allotment shall not exceed the product of
the statewide average expenditure per pupil, according to deleted text beginclausedeleted text endnew text begin paragraphnew text end (a), adjusted
pursuant to deleted text beginclausedeleted text endnew text begin paragraphnew text end (b), multiplied by the number of nonpublic school pupils who
make requests pursuant to this section and who are enrolled as of September 15 of the current
school year.

Sec. 4.

Minnesota Statutes 2017 Supplement, section 124D.09, subdivision 3, is amended
to read:


Subd. 3.

Definitions.

For purposes of this section, the following terms have the meanings
given to them.

(a) "Eligible institution" means a Minnesota public postsecondary institution, a private,
nonprofit two-year trade and technical school granting associate degrees, an opportunities
industrialization center accredited by deleted text beginthedeleted text end deleted text beginNorth Central Association of Colleges and Schoolsdeleted text endnew text begin
an accreditor recognized by the United States Department of Education
new text end, or a private,
residential, two-year or four-year, liberal arts, degree-granting college or university located
in Minnesota.

(b) "Course" means a course or program.

(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under
subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by
a secondary teacher or a postsecondary faculty member, and are offered at a high school
for which the district is eligible to receive concurrent enrollment program aid under section
124D.091.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2016, section 124D.09, subdivision 4, is amended to read:


Subd. 4.

Alternative pupil.

new text begin(a) new text end"Alternative pupil" means deleted text beginandeleted text endnew text begin a 10th,new text end 11thnew text begin,new text end or 12th grade
studentnew text begin, subject to paragraph (b), who isnew text end not enrolled in a public school districtdeleted text begin, and includesdeleted text endnew text begin.
Alternative pupil includes
new text end students attending nonpublic schools and students who are home
schooled. An alternative pupil is considered a pupil for purposes of this section only. An
alternative pupil must register with the commissioner of education before participating in
the postsecondary enrollment options program. The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end prescribe the
form and manner of the registration, in consultation with the Nonpublic Education Council
under section 123B.445, and may request any necessary information from the alternative
pupil.

new text begin (b) A 10th grade student qualifies as an alternative pupil if the student: (1) is enrolled
in a career or technical education course offered by an eligible institution; and (2) received
a passing score on the 8th grade Minnesota Comprehensive Assessment, or another reading
assessment accepted by the enrolling postsecondary institution. A career or technical
education course must meet the requirements under subdivision 5a. If an alternative pupil
in 10th grade receives a grade of "C" or better in the career or technical education course
taken under this subdivision, the postsecondary institution must allow the student to take
additional postsecondary courses for credit at that institution, not to exceed the limits in
subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for applications submitted on or after
July 1, 2018.
new text end

Sec. 6.

Minnesota Statutes 2017 Supplement, section 124D.68, subdivision 2, is amended
to read:


Subd. 2.

Eligible pupils.

(a) A pupil under the age of 21 or who meets the requirements
of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation
incentives program, if the pupil:

(1) performs substantially below the performance level for pupils of the same age in a
locally determined achievement test;

(2) is behind in satisfactorily completing coursework or obtaining credits for graduation;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent;

(5) has been excluded or expelled according to sections 121A.40 to 121A.56;

(6) has been referred by a school district for enrollment in an eligible program or a
program pursuant to section 124D.69;

(7) is a victim of physical or sexual abuse;

(8) has experienced mental health problems;

(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;

(10) speaks English as a second language or is an English learner; deleted text beginor
deleted text end

(11) has withdrawn from school or has been chronically truant; or

(12) is being treated in a hospital in the seven-county metropolitan area for cancer or
other life threatening illness or is the sibling of an eligible pupil who is being currently
treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
of the seven-county metropolitan area.

(b) For fiscal years 2017 deleted text beginanddeleted text endnew text begin,new text end 2018new text begin, and 2019new text end only, a pupil otherwise qualifying under
paragraph (a) who is at least 21 years of age and not yet 22 years of age, is an English learner
with an interrupted formal education according to section 124D.59, subdivision 2a, and was
in an early middle college program during the previous school year is eligible to participate
in the graduation incentives program under section 124D.68 and in concurrent enrollment
courses offered under section 124D.09, subdivision 10, and is funded in the same manner
as other pupils under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 7.

Minnesota Statutes 2016, section 124E.20, subdivision 1, is amended to read:


Subdivision 1.

Revenue calculation.

(a) General education revenue must be paid to a
charter school as though it were a district. The general education revenue for each adjusted
pupil unit is the state average general education revenue per pupil unit, plus the referendum
equalization aid allowance new text beginand first tier local optional aid allowance new text endin the pupil's district
of residence, minus an amount equal to the product of the formula allowance according to
section 126C.10, subdivision 2, times .0466, calculated without declining enrollment revenue,
local optional revenue, basic skills revenue, extended time revenue, pension adjustment
revenue, transition revenue, and transportation sparsity revenue, plus declining enrollment
revenue, basic skills revenue, pension adjustment revenue, and transition revenue as though
the school were a school district.

(b) For a charter school operating an extended day, extended week, or summer program,
the general education revenue in paragraph (a) is increased by an amount equal to 25 percent
of the statewide average extended time revenue per adjusted pupil unit.

(c) Notwithstanding paragraph (a), the general education revenue for an eligible special
education charter school as defined in section 124E.21, subdivision 2, equals the sum of
the amount determined under paragraph (a) and the school's unreimbursed cost as defined
in section 124E.21, subdivision 2, for educating students not eligible for special education
services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2020 and later.
new text end

Sec. 8.

Minnesota Statutes 2016, section 126C.10, subdivision 2e, is amended to read:


Subd. 2e.

Local optional revenue.

(a) new text beginFor fiscal year 2019, new text endlocal optional revenue for
a school district equals $424 times the adjusted pupil units of the district for that school
year.new text begin For fiscal year 2020 and later, local optional revenue for a school district equals the
sum of the district's first tier local optional revenue and second tier local optional revenue.
A district's first tier local optional revenue equals $300 times the adjusted pupil units of the
district for that school year. A district's second tier local optional revenue equals $424 times
the adjusted pupil units of the district for that school year.
new text end

(b) new text beginFor fiscal year 2019, new text enda district's local optional levy equals its local optional revenue
times the lesser of one or the ratio of its referendum market value per resident pupil unit to
$510,000. new text beginFor fiscal year 2020 and later, a district's local optional levy equals the sum of
the first tier local optional levy and the second tier local optional levy. A district's first tier
local optional levy equals the district's first tier local optional revenue times the lesser of
one or the ratio of the district's referendum market value per resident pupil unit to $880,000.
A district's second tier local optional levy equals the district's second tier local optional
revenue times the lesser of one or the ratio of the district's referendum market value per
resident pupil unit to $510,000.
new text endThe local optional deleted text beginrevenuedeleted text end levy must be spread on referendum
market value. A district may levy less than the permitted amount.

(c) A district's local optional aid equals its local optional revenue deleted text beginlessdeleted text endnew text begin minusnew text end its local
optional levydeleted text begin, times the ratio of the actual amount levied to the permitted levydeleted text end.new text begin If a district's
actual levy for first or second tier local optional revenue is less than its maximum levy limit
for that tier, its aid must be proportionately reduced.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 9.

Minnesota Statutes 2016, section 126C.10, subdivision 24, is amended to read:


Subd. 24.

Equity revenue.

(a) A school district qualifies for equity revenue if:

(1) the school district's adjusted pupil unit amount of basic revenue, transition revenue,
new text begin first tier local optional revenue, new text endand referendum revenue is less than the value of the school
district at or immediately above the 95th percentile of school districts in its equity region
for those revenue categories; and

(2) the school district's administrative offices are not located in a city of the first class
on July 1, 1999.

(b) Equity revenue deleted text beginfor a qualifying district that receives referendum revenue under
section 126C.17, subdivision 4,
deleted text end equals the product of (1) the district's adjusted pupil units
for that year; times (2) the sum of (i) $14, plus (ii) $80, times the school district's equity
index computed under subdivision 27.

deleted text begin (c) Equity revenue for a qualifying district that does not receive referendum revenue
under section 126C.17, subdivision 4, equals the product of the district's adjusted pupil units
for that year times $14.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end A school district's equity revenue is increased by the greater of zero or an amount
equal to the district's adjusted pupil units times the difference between ten percent of the
statewide average amount of referendum revenue new text beginand first tier local optional revenue new text endper
adjusted pupil unit for that year and new text beginthe sum of new text endthe district's referendum revenue new text beginand first
tier local optional revenue
new text endper adjusted pupil unit. A school district's revenue under this
paragraph must not exceed $100,000 for that year.

deleted text begin (e)deleted text endnew text begin (d)new text end A school district's equity revenue for a school district located in the metro equity
region equals the amount computed in paragraphs (b)deleted text begin,deleted text end new text beginand new text end(c)deleted text begin, and (d)deleted text end multiplied by 1.25.

deleted text begin (f)deleted text endnew text begin (e)new text end For fiscal years 2017, 2018, and 2019 for a school district not included in paragraph
deleted text begin (e)deleted text endnew text begin (d)new text end, a district's equity revenue equals the amount computed in paragraphs (b)deleted text begin,deleted text endnew text begin andnew text end (c)deleted text begin,
and (d)
deleted text end multiplied by 1.16. For fiscal year 2020 and later for a school district not included
in paragraph deleted text begin(e)deleted text endnew text begin (d)new text end, a district's equity revenue equals the amount computed in paragraphs
(b)deleted text begin,deleted text endnew text begin andnew text end (c)deleted text begin, and (d)deleted text end multiplied by 1.25.

deleted text begin (g)deleted text endnew text begin (f)new text end A school district's additional equity revenue equals $50 times its adjusted pupil
units.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 10.

Minnesota Statutes 2016, section 126C.15, subdivision 5, is amended to read:


Subd. 5.

Annual expenditure report.

new text begin(a) new text endEach yearnew text begin,new text end a district that receives basic skills
revenue must submit a reportnew text begin to the commissioner of educationnew text end identifying the expenditures
it incurred to meet the needs of eligible learners under subdivision 1.

new text begin (b) new text endThe report mustnew text begin:
new text end

new text begin (1)new text end conform to uniform financial and reporting standards established for this purposedeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) categorize expenditures by each of the permitted uses authorized in subdivision 1,
in the form and manner specified by the commissioner; and
new text end

new text begin (3) report under section 120B.11,new text end using valid and reliable data and measurement criteria,
deleted text begin the report also must determinedeleted text end whether increased expenditures raised student achievement
levels.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for reports issued after July 1, 2018.
new text end

Sec. 11.

Minnesota Statutes 2016, section 126C.15, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Commissioner's report. new text end

new text begin By February 15 of each year, the commissioner shall
compile the district data submitted under subdivision 5, report the results to the legislative
committees with jurisdiction over education, and file the report according to section 3.195.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 12.

Minnesota Statutes 2016, section 126C.17, subdivision 1, is amended to read:


Subdivision 1.

Referendum allowance.

(a) A district's initial referendum allowance new text beginfor
fiscal year 2020 and later
new text endequals the result of the following calculations:

deleted text begin (1) multiply the referendum allowance the district would have received for fiscal year
2015 under Minnesota Statutes 2012, section 126C.17, subdivision 1, based on elections
held before July 1, 2013, by the resident marginal cost pupil units the district would have
counted for fiscal year 2015 under Minnesota Statutes 2012, section 126C.05;
deleted text end

deleted text begin (2) add to the result of clause (1) the adjustment the district would have received under
Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and (c), based
on elections held before July 1, 2013;
deleted text end

deleted text begin (3) divide the result of clause (2) by the district's adjusted pupil units for fiscal year
2015;
deleted text end

deleted text begin (4) add to the result of clause (3) any additional referendum allowance per adjusted pupil
unit authorized by elections held between July 1, 2013, and December 31, 2013;
deleted text end

deleted text begin (5) add to the result in clause (4) any additional referendum allowance resulting from
inflation adjustments approved by the voters prior to January 1, 2014;
deleted text end

deleted text begin (6) subtract from the result of clause (5), the sum of a district's actual local optional levy
and local optional aid under section 126C.10, subdivision 2e, divided by the adjusted pupil
units of the district for that school year; and
deleted text end

new text begin (1) subtract $424 from the district's allowance under Minnesota Statutes 2016, section
126C.17, subdivision 1, paragraph (a), clause (5);
new text end

new text begin (2) if the result of clause (1) is less than zero, set the allowance to zero;
new text end

new text begin (3) add to the result in clause (2) any new referendum allowance authorized between
July 1, 2013, and December 31, 2013, under Minnesota Statutes 2013, section 126C.17,
subdivision 9a;
new text end

new text begin (4) add to the result in clause (3) any additional referendum allowance per adjusted pupil
unit authorized between January 1, 2014, and June 30, 2018;
new text end

new text begin (5) subtract from the result in clause (4) any allowances expiring in fiscal year 2016,
2017, 2018, or 2019;
new text end

new text begin (6) subtract $300 from the result in clause (5); and
new text end

(7) if the result of clause (6) is less than zero, set the allowance to zero.

(b) A district's referendum allowance equals the sum of the district's initial referendum
allowancenew text begin calculated in paragraph (a)new text end, plus any new referendum allowance authorized
deleted text begin between July 1, 2013, and December 31, 2013, under subdivision 9a, plus any additional
referendum allowance per adjusted pupil unit authorized after December 31, 2013,
deleted text endnew text begin after
July 1, 2018,
new text end minus any allowances expiring in fiscal year deleted text begin2016deleted text endnew text begin 2020new text end or later, new text beginplus any
inflation adjustments for fiscal year 2020 and later approved by the voters prior to July 1,
2018,
new text endprovided that the allowance may not be less than zero. deleted text beginFor a district with more than
one referendum allowance for fiscal year 2015 under Minnesota Statutes 2012, section
126C.17, the allowance calculated under paragraph (a), clause (3), must be divided into
components such that the same percentage of the district's allowance expires at the same
time as the old allowances would have expired under Minnesota Statutes 2012, section
126C.17.
deleted text end For a district with more than one allowance for fiscal year 2015 that expires in
the same year, the reduction under paragraph (a), deleted text beginclausedeleted text endnew text begin clauses (1) andnew text end (6), deleted text beginto offset local
optional revenue
deleted text end shall be made first from any allowances that do not have an inflation
adjustment approved by the voters.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 13.

Minnesota Statutes 2016, section 126C.17, subdivision 2, is amended to read:


Subd. 2.

Referendum allowance limit.

(a) Notwithstanding subdivision 1, for fiscal
year deleted text begin2015deleted text endnew text begin 2020new text end and later, a district's referendum allowance must not exceed deleted text beginthe annual
inflationary increase as calculated under paragraph (b) times
deleted text end the greatest of:

(1) deleted text begin$1,845deleted text endnew text begin the product of the annual inflationary increase as calculated under paragraph
(b), and $2,012.53, minus $300
new text end;

(2) new text beginthe product of the annual inflationary increase as calculated under paragraph (b),
and
new text endthe sum of the referendum revenue the district would have received for fiscal year 2015
under Minnesota Statutes 2012, section 126C.17, subdivision 4, based on elections held
before July 1, 2013, and the adjustment the district would have received under Minnesota
Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and (c), based on elections
held before July 1, 2013, divided by the district's adjusted pupil units for fiscal year 2015new text begin,
minus $300
new text end;

(3) deleted text beginthe product of the referendum allowance limit the district would have received for
fiscal year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 2, and the
resident marginal cost pupil units the district would have received for fiscal year 2015 under
Minnesota Statutes 2012, section 126C.05, subdivision 6, plus the adjustment the district
would have received under Minnesota Statutes 2012, section 127A.47, subdivision 7,
paragraphs (a), (b), and (c), based on elections held before July 1, 2013, divided by the
district's adjusted pupil units for fiscal year 2015; minus $424
deleted text endnew text begin for a newly reorganized
district created on July 1, 2019, the referendum revenue authority for each reorganizing
district in the year preceding reorganization divided by its adjusted pupil units for the year
preceding reorganization, minus $300
new text end; or

(4) for a newly reorganized district created after July 1, deleted text begin2013deleted text endnew text begin 2020new text end, the referendum
revenue authority for each reorganizing district in the year preceding reorganization divided
by its adjusted pupil units for the year preceding reorganization.

(b) For purposes of this subdivision, for fiscal year deleted text begin2016deleted text endnew text begin 2021new text end and later, "inflationary
increase" means one plus the percentage change in the Consumer Price Index for urban
consumers, as prepared by the United States Bureau of Labor deleted text beginStandardsdeleted text endnew text begin Statisticsnew text end, for the
current fiscal year to fiscal year deleted text begin2015deleted text endnew text begin 2020new text end. deleted text beginFor fiscal year 2016 and later, for purposes of
paragraph (a), clause (3), the inflationary increase equals one-fourth of the percentage
increase in the formula allowance for that year compared with the formula allowance for
fiscal year 2015.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 14.

Minnesota Statutes 2016, section 126C.17, subdivision 5, is amended to read:


Subd. 5.

Referendum equalization revenue.

(a) A district's referendum equalization
revenue equals the sum of the first tier referendum equalization revenue and the second tier
referendum equalization revenuedeleted text begin, and the third tier referendum equalization revenuedeleted text end.

(b) A district's first tier referendum equalization revenue equals the district's first tier
referendum equalization allowance times the district's adjusted pupil units for that year.

(c) A district's first tier referendum equalization allowance equals the lesser of the
district's referendum allowance under subdivision 1 or deleted text begin$300deleted text endnew text begin $460new text end.

(d) A district's second tier referendum equalization revenue equals the district's second
tier referendum equalization allowance times the district's adjusted pupil units for that year.

(e) A district's second tier referendum equalization allowance equals the lesser of the
district's referendum allowance under subdivision 1 or deleted text begin$760, minus the district's first tier
referendum equalization allowance.
deleted text end

deleted text begin (f) A district's third tier referendum equalization revenue equals the district's third tier
referendum equalization allowance times the district's adjusted pupil units for that year.
deleted text end

deleted text begin (g) A district's third tier referendum equalization allowance equals the lesser of the
district's referendum allowance under subdivision 1 or
deleted text end 25 percent of the formula allowance,
minus the sum of new text begin$300 and new text endthe district's first tier referendum equalization allowance deleted text beginand
second tier referendum equalization allowance
deleted text end.

deleted text begin (h)deleted text endnew text begin (f)new text end Notwithstanding paragraph deleted text begin(g)deleted text endnew text begin (e)new text end, the deleted text beginthirddeleted text endnew text begin secondnew text end tier referendum allowance
for a district qualifying for secondary sparsity revenue under section 126C.10, subdivision
7
, or elementary sparsity revenue under section 126C.10, subdivision 8, equals the district's
referendum allowance under subdivision 1 minus the deleted text beginsum of thedeleted text end district's first tier referendum
equalization allowance deleted text beginand second tier referendum equalization allowancedeleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 15.

Minnesota Statutes 2016, section 126C.17, subdivision 6, is amended to read:


Subd. 6.

Referendum equalization levy.

(a) A district's referendum equalization levy
equals the sum of the first tier referendum equalization levydeleted text begin,deleted text endnew text begin andnew text end the second tier referendum
equalization levydeleted text begin, and the third tier referendum equalization levydeleted text end.

(b) A district's first tier referendum equalization levy equals the district's first tier
referendum equalization revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to deleted text begin$880,000deleted text endnew text begin $510,000new text end.

(c) A district's second tier referendum equalization levy equals the district's second tier
referendum equalization revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to deleted text begin$510,000deleted text endnew text begin $290,000new text end.

deleted text begin (d) A district's third tier referendum equalization levy equals the district's third tier
referendum equalization revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to $290,000.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 16.

Minnesota Statutes 2016, section 126C.17, subdivision 7, is amended to read:


Subd. 7.

Referendum equalization aid.

(a) A district's referendum equalization aid
equals the difference between its referendum equalization revenue and levy.

(b) If a district's actual levy for firstdeleted text begin,deleted text endnew text begin ornew text end seconddeleted text begin, or thirddeleted text end tier referendum equalization
revenue is less than its maximum levy limit for that tier, aid shall be proportionately reduced.

(c) Notwithstanding paragraph (a), the referendum equalization aid for a districtdeleted text begin, where
the referendum equalization aid under paragraph (a) exceeds 90 percent of the referendum
revenue,
deleted text end must not exceednew text begin: (1) the difference betweennew text end 25 percent of the formula allowance
new text begin and $300; new text endtimes new text begin(2) new text endthe district's adjusted pupil units. A district's referendum levy is increased
by the amount of any reduction in referendum aid under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 17.

Minnesota Statutes 2016, section 126C.17, subdivision 7a, is amended to read:


Subd. 7a.

Referendum tax base replacement aid.

For each school district that had a
referendum allowance for fiscal year 2002 exceeding $415, for each separately authorized
referendum levy, the commissioner of revenue, in consultation with the commissioner of
education, shall certify the amount of the referendum levy in taxes payable year 2001
attributable to the portion of the referendum allowance exceeding $415 levied against
property classified as class 2, noncommercial 4c(1), or 4c(4), under section 273.13, excluding
the portion of the tax paid by the portion of class 2a property consisting of the house, garage,
and surrounding one acre of land. The resulting amount must be used to reduce the district's
referendum levy new text beginor first tier local optional levy new text endamount otherwise determined, and must be
paid to the district each year that the referendum new text beginor first tier local optional new text endauthority remains
in effect, is renewed, or new referendum authority is approved. The aid payable under this
subdivision must be subtracted from the district's referendum equalization aid under
subdivision 7. The referendum equalization aid new text beginand the first tier local optional aid new text endafter the
subtraction must not be less than zero.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 18.

Minnesota Statutes 2016, section 127A.45, subdivision 11, is amended to read:


Subd. 11.

Payment percentage for reimbursement aids.

One hundred percent of the
aid for the previous fiscal year must be paid in the current year for the following aids:
telecommunications/Internet access equity deleted text beginanddeleted text endnew text begin aidnew text end according to section 125B.26, special
education special pupil aid according to section 125A.75, subdivision 3, deleted text beginaid for litigation
costs according to section 125A.75, subdivision 9,
deleted text end aid for court-placed special education
expenses according to section 125A.79, subdivision 4, and aid for special education
out-of-state tuition according to section 125A.79, subdivision 8, and shared time aid
according to section 126C.01, subdivision 7.

Sec. 19.

Minnesota Statutes 2016, section 127A.45, subdivision 16, is amended to read:


Subd. 16.

Payments to third parties.

Notwithstanding subdivision 3, the current year
aid payment percentage of the deleted text beginamountsdeleted text endnew text begin amountnew text end under deleted text beginsections 123A.26, subdivision 3, anddeleted text endnew text begin
section
new text end 124D.041deleted text begin,deleted text end shall be paid in equal installments on August 30, December 30, and
March 30, with a final adjustment payment on October 30 of the next fiscal year of the
remaining amount.

Sec. 20.

Minnesota Statutes 2016, section 471.59, subdivision 1, is amended to read:


Subdivision 1.

Agreement.

new text begin(a) new text endTwo or more governmental units, by agreement entered
into through action of their governing bodies, may jointly or cooperatively exercise any
power common to the contracting parties or any similar powers, including those which are
the same except for the territorial limits within which they may be exercised. The agreement
may provide for the exercise of such powers by one or more of the participating governmental
units on behalf of the other participating units.

new text begin (b)new text end The term "governmental unit" as used in this section includes every city, county,
town, school district, new text beginservice cooperative under section 123A.21, new text endindependent nonprofit
firefighting corporation, other political subdivision of this or another state, another state,
federally recognized Indian tribe, the University of Minnesota, the Minnesota Historical
Society, nonprofit hospitals licensed under sections 144.50 to 144.56, rehabilitation facilities
and extended employment providers that are certified by the commissioner of employment
and economic development, day and supported employment services licensed under chapter
245D, and any agency of the state of Minnesota or the United States, and includes any
instrumentality of a governmental unit. For the purpose of this section, an instrumentality
of a governmental unit means an instrumentality having independent policy-making and
appropriating authority.

Sec. 21.

Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision 2,
is amended to read:


Subd. 2.

General education aid.

For general education aid under Minnesota Statutes,
section 126C.13, subdivision 4:

$
deleted text begin 7,032,051,000
deleted text end new text begin 7,078,769,000
new text end
.....
2018
$
deleted text begin 7,227,809,000
deleted text end new text begin 7,239,247,000
new text end
.....
2019

The 2018 appropriation includes $686,828,000 for 2017 and deleted text begin$6,345,223,000deleted text endnew text begin
$6,391,941,000
new text end for 2018.

The 2019 appropriation includes deleted text begin$705,024,000deleted text endnew text begin $683,110,000new text end for 2018 and
deleted text begin $6,522,785,000deleted text endnew text begin $6,556,137,000new text end for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22.

Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision 5,
is amended to read:


Subd. 5.

Consolidation transition aidnew text begin; grant programsnew text end.

new text begin(a) new text endFor deleted text begindistricts consolidatingdeleted text endnew text begin
consolidation transition aid
new text end under Minnesota Statutes, section 123A.485new text begin, or the purposes
in paragraphs (b) to (d)
new text end:

$
deleted text begin 185,000
deleted text end new text begin 0
new text end
.....
2018
$
deleted text begin 382,000
deleted text end new text begin 270,000
new text end
.....
2019

new text begin (b) If no school district is eligible for a consolidation transition aid entitlement for fiscal
year 2019, the fiscal year 2019 appropriation under paragraph (a) must be equally split
between the purposes in paragraphs (c) and (d).
new text end

new text begin (c) The commissioner must award character development incentive grants to public
schools and charter schools that demonstrate use of the Congressional Medal of Honor
character development program. The amount available under this paragraph is in addition
to amounts appropriated elsewhere for the same purpose. The commissioner must allocate
the amount proportionally among the public schools and charter schools that apply, not to
exceed $5,000 per school per fiscal year. If the entire amount is not expended in fiscal year
2019, the commissioner must award additional grants in fiscal years 2020 and 2021. The
grant award may be used for any school-related purpose consistent with Minnesota Statutes,
section 120B.232. Of the amount under this paragraph, up to three percent is for administering
the grants. The amount is available until June 30, 2021.
new text end

new text begin (d) For a grant to Independent School District No. 110, Waconia, to establish a career
and technical education dual credit pilot program offering courses in manufacturing and
construction. The program must be established in partnership with at least one higher
education partner, including Hennepin Technical College or Ridgewater College. A dual
credit course offered under the pilot program must be taught by a qualified school district
teacher or college faculty member. A student that completes a course offered by the career
and technical education dual credit pilot program must receive both a secondary credit and
postsecondary credit. A student may also receive an industry-recognized certificate, if
appropriate. A dual credit course offered under the pilot program is not subject to the
requirements of Minnesota Statutes, section 124D.09. A student enrolled in a dual credit
course is included in the school district's average daily membership in accordance with
Minnesota Statutes, section 126C.05, during the hours of participation in the course. Of the
amount under this paragraph, up to three percent is for administering the grant. The fiscal
year 2019 amount is available until June 30, 2021.
new text end

new text begin (e) new text endThe 2018 appropriation includes $0 for 2017 and deleted text begin$185,000deleted text endnew text begin $0new text end for 2018.

new text begin (f) new text endThe 2019 appropriation includes deleted text begin$20,000deleted text endnew text begin $0new text end for 2018 and deleted text begin$362,000deleted text endnew text begin $270,000new text end for
2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23. new text beginFUND TRANSFERS.
new text end

new text begin Subdivision 1. new text end

new text begin Minnetonka school district. new text end

new text begin (a) Notwithstanding Minnesota Statutes,
section 123B.79, 123B.80, or 124D.20, subdivision 10, on June 30, 2018, Independent
School District No. 276, Minnetonka, may permanently transfer up to $2,400,000 from its
community education reserve fund balance to its reserved for operating capital account in
the general fund.
new text end

new text begin (b) The transferred funds must be used only to design, construct, furnish, and equip an
early childhood classroom addition.
new text end

new text begin Subd. 2. new text end

new text begin Ivanhoe school district. new text end

new text begin Notwithstanding Minnesota Statutes, section 123B.79,
123B.80, or 124D.20, subdivision 10, on June 30, 2018, Independent School District No.
403, Ivanhoe, may permanently transfer up to $79,000 from its community education reserve
fund balance to its undesignated general fund.
new text end

new text begin Subd. 3. new text end

new text begin Minneapolis school district. new text end

new text begin (a) Notwithstanding Minnesota Statutes, section
123B.79, 123B.80, or 124D.20, subdivision 10, on June 30, 2018, Special School District
No. 1, Minneapolis, may permanently transfer up to $2,000,000 from its community
education reserve fund balance to its undesignated general fund.
new text end

new text begin (b) The transferred funds must be used only for school support services, including mental
health services.
new text end

new text begin Subd. 4. new text end

new text begin Hopkins school district. new text end

new text begin (a) Notwithstanding Minnesota Statutes, section
123B.79, 123B.80, or 124D.20, subdivision 10, on June 30, 2018, Independent School
District No. 270, Hopkins, may permanently transfer up to $500,000 from its community
education reserve fund balance to its reserved for operating capital account in the general
fund.
new text end

new text begin (b) The transferred funds must be used only to design, construct, furnish, and equip an
early childhood classroom addition.
new text end

new text begin Subd. 5. new text end

new text begin Fund balance policy. new text end

new text begin To the extent practicable, when making the fund transfers
under this section, each district must abide by its school board's fund balance policy, unless
the funds are transferred for an eligible use under Minnesota Statutes, section 124D.128.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24. new text beginSCHOOL REVENUE GENERATION AND SPENDING; LEGISLATIVE
AUDITOR STUDY.
new text end

new text begin (a) The legislative auditor is requested to conduct a study of how students in
prekindergarten through grade 12 generate revenue and compare how that revenue is spent
and reported at the school level for a sample of school districts.
new text end

new text begin (b) The study shall focus on a sample of school districts and include the following topics:
new text end

new text begin (1) the extent to which the funding generated by students is spent at the school sites
those students attend;
new text end

new text begin (2) how district calculations of actual salaries for teachers and staff compare to average
salaries and how those calculations may impact per pupil expenditures at the school level;
new text end

new text begin (3) how per pupil expenditures within a given school district compare across school
sites, including expenditures to reduce class sizes, hire additional support staff, and support
other resources;
new text end

new text begin (4) the extent to which revenue sources for a given school district vary by school site,
including state and local funding and philanthropic and parent association funds;
new text end

new text begin (5) whether there is currently variation in reporting across schools in the Uniform
Financial Accounting and Reporting Standards (UFARS) system; and
new text end

new text begin (6) what steps the Department of Education can take to ensure consistent and accurate
UFARS reporting from schools and districts on school-level revenue and expenditures.
new text end

new text begin (c) The legislative auditor must deliver the study findings to the chairs and ranking
minority members of the legislative committees with primary jurisdiction over kindergarten
through grade 12 education no later than February 1, 2019.
new text end

Sec. 25. new text beginPUPIL TRANSPORTATION WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin (a) A working group on pupil transportation is created to review
pupil transportation and transportation efficiencies in Minnesota, to consult with stakeholders,
and to submit a written report to the legislature recommending policy and formula changes.
The pupil transportation working group must examine and consider:
new text end

new text begin (1) how school districts, charter schools, intermediate school districts, special education
cooperatives, education districts, and service cooperatives deliver pupil transportation
services and the costs associated with each model;
new text end

new text begin (2) relevant state laws and rules;
new text end

new text begin (3) trends in pupil transportation services;
new text end

new text begin (4) strategies or programs that would be effective in funding necessary pupil
transportation services; and
new text end

new text begin (5) the effect of the elimination of categorical funding for pupil transportation services.
new text end

new text begin (b) In making its recommendations, the pupil transportation working group must consider
a ten-year strategic plan informed by the policy findings in paragraph (a) to help make pupil
transportation funding more fair.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) By June 1, 2018, the executive director of the following
organizations may appoint one representative of that organization to serve as a member of
the working group:
new text end

new text begin (1) the Minnesota School Boards Association;
new text end

new text begin (2) the Minnesota Association of Charter Schools;
new text end

new text begin (3) Education Minnesota;
new text end

new text begin (4) the Minnesota Rural Education Association;
new text end

new text begin (5) the Association of Metropolitan School Districts;
new text end

new text begin (6) the Minnesota Association for Pupil Transportation;
new text end

new text begin (7) the Minnesota School Bus Operators Association;
new text end

new text begin (8) the Minnesota Association of School Administrators;
new text end

new text begin (9) the Minnesota Association of School Business Officials;
new text end

new text begin (10) Schools for Equity in Education;
new text end

new text begin (11) Service Employees International Union Local 284;
new text end

new text begin (12) the Minnesota Association of Secondary School Principals;
new text end

new text begin (13) the Minnesota Administrators of Special Education; and
new text end

new text begin (14) the Minnesota Transportation Alliance.
new text end

new text begin (b) The commissioner of education must solicit applications for membership in the
working group, and based on the applications received, designate by June 25, 2018, the
following individuals to serve as members of the working group:
new text end

new text begin (1) a representative from an intermediate school district;
new text end

new text begin (2) a representative from a special education cooperative, education district, or service
cooperative;
new text end

new text begin (3) a representative from a school district in a city of the first class;
new text end

new text begin (4) a representative from a school district in a first tier suburb; and
new text end

new text begin (5) a representative from a rural school district.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of education, or the commissioner's designee,
must convene the first meeting of the working group no later than July 15, 2018. The working
group must select a chair or cochairs from among its members at the first meeting. The
working group must meet periodically. Meetings of the working group must be open to the
public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Working group members are not eligible to receive expenses
or per diem payments for serving on the working group.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of education must provide technical
and administrative assistance to the working group upon request.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin (a) By January 15, 2019, the working group must submit a report
providing its findings and recommendations to the chairs and ranking minority members
of the legislative committees with jurisdiction over kindergarten through grade 12 education.
new text end

new text begin (b) The legislature convening in January 2019 is encouraged to convene a legislative
study group to review the recommendations and ten-year strategic plan to develop its own
recommendations for legislative changes, as necessary.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The working group expires on January 16, 2019, unless extended
by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Commissioner of education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the commissioner of education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin St. Cloud English language learner summer program. new text end

new text begin (a) For a grant to
Independent School District No. 742, St. Cloud, for a summer language academy providing
targeted services and extended year programming for English language learners:
new text end

new text begin $
new text end
new text begin 300,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) A program funded under this subdivision must:
new text end

new text begin (1) provide a research-based language summer instructional program to help English
learners, as defined in Minnesota Statutes, section 124D.59, subdivision 2, acquire English
and achieve academic excellence;
new text end

new text begin (2) be consistent with English language development standards under Minnesota Rules,
parts 3501.1200 and 3501.1210; and
new text end

new text begin (3) provide instruction by a highly qualified teacher of English as a second language.
new text end

new text begin (c) Independent School District No. 742, St. Cloud, must report to the education
committees of the legislature by January 15, 2021, on the program's design, student
participation levels, and any measurable outcomes of the program.
new text end

new text begin (d) This is a onetime appropriation and is available until June 30, 2021.
new text end

new text begin Subd. 3. new text end

new text begin School bus safety campaign. new text end

new text begin (a) For transfer to the commissioner of public
safety for an education and awareness campaign on passing school buses:
new text end

new text begin $
new text end
new text begin 41,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) This is a onetime appropriation.
new text end

new text begin (c) The campaign must be designed to: (1) help reduce occurrences of motor vehicles
unlawfully passing school buses; and (2) inform drivers about the safety of pupils boarding
and unloading from school buses, including (i) laws requiring a motor vehicle to stop when
a school bus has extended the stop-signal arm and is flashing red lights, and (ii) penalties
for violations. When developing the campaign, the commissioner must identify best practices,
review effective communication methods to educate drivers, and consider multiple forms
of media to convey the information.
new text end

Sec. 27. new text beginAPPROPRIATION; SCHOOL REVENUE GENERATION AND
SPENDING; LEGISLATIVE AUDITOR STUDY.
new text end

new text begin $200,000 in fiscal year 2019 is appropriated from the general fund to the Office of the
Legislative Auditor for the legislative auditor to study and report on school revenue
generation and spending outlined in section 24. This is a onetime appropriation.
new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, sections 123A.26, subdivision 3; and 125A.75, subdivision
9,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2016, section 126C.16, subdivisions 1 and 3, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2016, section 126C.17, subdivision 9a, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a) and (b) are effective July 1, 2018. Paragraph (c)
is effective for revenue for fiscal year 2020 and later.
new text end

ARTICLE 48

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2016, section 120A.22, subdivision 7, is amended to read:


Subd. 7.

Education records.

(a) A district, a charter school, or a nonpublic school that
receives services or aid under sections 123B.40 to 123B.48 from which a student is
transferring must transmit the student's educational records, within ten business days of a
request, to the district, the charter school, or the nonpublic school in which the student is
enrolling. Districts, charter schools, and nonpublic schools that receive services or aid under
sections 123B.40 to 123B.48 must make reasonable efforts to determine the district, the
charter school, or the nonpublic school in which a transferring student is next enrolling in
order to comply with this subdivision.

(b) A closed charter school must transfer the student's educational records, within ten
business days of the school's closure, to the student's school district of residence where the
records must be retained unless the records are otherwise transferred under this subdivision.

(c) A school district, a charter school, or a nonpublic school that receives services or aid
under sections 123B.40 to 123B.48 that transmits a student's educational records to another
school district or other educational entity, charter school, or nonpublic school to which the
student is transferring must include in the transmitted records information about any formal
suspension, expulsion, and exclusion disciplinary action new text beginor pupil withdrawal new text endunder sections
121A.40 to 121A.56. new text beginThe transmitted records must include services a pupil needs. new text endThe
district, the charter school, or the nonpublic school that receives services or aid under sections
123B.40 to 123B.48 must provide notice to a student and the student's parent or guardian
that formal disciplinary records will be transferred as part of the student's educational record,
in accordance with data practices under chapter 13 and the Family Educational Rights and
Privacy Act of 1974, United States Code, title 20, section 1232(g).

(d) Notwithstanding section 138.17, a principal or chief administrative officer must
remove from a student's educational record and destroy a probable cause notice received
under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the
date of the notice and the principal or chief administrative officer has not received a
disposition or court order related to the offense described in the notice. This paragraph does
not apply if the student no longer attends the school when this one-year period expires.

(e) A principal or chief administrative officer who receives a probable cause notice under
section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that
data in the student's educational records if they are transmitted to another school, unless the
data are required to be destroyed under paragraph (d) or section 121A.75.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2016, section 120A.22, subdivision 12, is amended to read:


Subd. 12.

Legitimate exemptions.

(a) A parent, guardian, or other person having control
of a child may apply to a school district to have the child excused from attendance for the
whole or any part of the time school is in session during any school year. Application may
be made to any member of the board, a truant officer, a principal, or the superintendent.
The school district may state in its school attendance policy that it may ask the student's
parent or legal guardian to verify in writing the reason for the child's absence from school.
A note from a physician or a licensed mental health professional stating that the child cannot
attend school is a valid excuse. The board of the district in which the child resides may
approve the application upon the following being demonstrated to the satisfaction of that
board:

(1) that the child's physical or mental health is such as to prevent attendance at school
or application to study for the period required, which includes:

(i) child illness, medical, dental, orthodontic, or counseling appointments;

(ii) family emergencies;

(iii) the death or serious illness or funeral of an immediate family member;

(iv) active duty in any military branch of the United States;

(v) the child has a condition that requires ongoing treatment for a mental health diagnosis;
or

(vi) other exemptions included in the district's school attendance policy;

new text begin (2) that the child is participating in any activity necessary for the child to join any branch
of the United States armed forces and may be excused for up to three days for such purpose;
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end that the child has already completed state and district standards required for
graduation from high school; or

deleted text begin (3)deleted text endnew text begin (4)new text end that it is the wish of the parent, guardian, or other person having control of the
child, that the child attend for a period or periods not exceeding in the aggregate three hours
in any week, a school for religious instruction conducted and maintained by some church,
or association of churches, or any Sunday school association incorporated under the laws
of this state, or any auxiliary thereof. This school for religious instruction must be conducted
and maintained in a place other than a public school building, and it must not, in whole or
in part, be conducted and maintained at public expense. However, a child may be absent
from school on such days as the child attends upon instruction according to the ordinances
of some church.

(b) Notwithstanding subdivision 6, paragraph (a), a parent may withdraw a child from
an all-day, every day kindergarten program and put their child in a half-day program, if
offered, or an alternate-day program without being truant. A school board must excuse a
kindergarten child from a part of a school day at the request of the child's parent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 120B.021, subdivision 1, is amended
to read:


Subdivision 1.

Required academic standards.

(a) The following subject areas are
required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship that includes civics consistent with section 120B.02, subdivision 3;

(5) physical education;

(6) health, for which locally developed academic standards apply; and

(7) the arts, for which statewide or locally developed academic standards apply, as
determined by the school district. Public elementary and middle schools must offer at least
three and require at least two of the following four arts areas: dance; music; theater; and
visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.

(b) For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
program team has determined that the required academic standards are inappropriate. An
individualized education program team that makes this determination must establish
alternative standards.

(c) The department must adopt the most recent SHAPE America (Society of Health and
Physical Educators) kindergarten through grade 12 standards and benchmarks for physical
education as the required physical education academic standards. The department may
modify and adapt the national standards to accommodate state interest. The modification
and adaptations must maintain the purpose and integrity of the national standards. The
department must make available sample assessments, which school districts may use as an
alternative to local assessments, to assess students' mastery of the physical education
standards beginning in the 2018-2019 school year.

(d) A school district may include child sexual abuse new text beginand sexual exploitation new text endprevention
instruction in a health curriculum, consistent with paragraph (a), clause (6). Child sexual
abuse new text beginand sexual exploitation new text endprevention instruction may include age-appropriate instruction
on recognizing sexual abuse deleted text beginanddeleted text endnew text begin,new text end assault, new text beginand sexual exploitation; new text endboundary violationsdeleted text begin,deleted text endnew text begin;new text end and
ways offenders new text beginidentify, new text endgroomnew text begin,new text end or desensitize victims, as well as strategies to promote
disclosure, reduce self-blame, and mobilize bystanders. new text beginA school district may consult with
other federal, state, or local agencies and community-based organizations to identify
research-based tools, curricula, and programs to prevent child sexual abuse and sexual
exploitation.
new text endA school district may provide instruction under this paragraph in a variety of
ways, including at an annual assembly or classroom presentation. A school district may
also provide parents information on the warning signs of child sexual abuse new text beginand sexual
exploitation
new text endand available resources.new text begin Child sexual exploitation prevention instruction must
be consistent with the definition of sexually exploited youth under section 260C.007,
subdivision 31.
new text end

new text begin (e) A school district may include instruction in a health curriculum for students beginning
in grade 5 on substance misuse prevention, including opioids, controlled substances as
defined in section 152.01, subdivision 4, prescription and nonprescription medications, and
illegal drugs. A school district is not required to use a specific methodology or curriculum.
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end District efforts to develop, implement, or improve instruction or curriculum as a
result of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.

Sec. 4.

Minnesota Statutes 2016, section 120B.024, subdivision 1, is amended to read:


Subdivision 1.

Graduation requirements.

Students deleted text beginbeginning 9th grade in the
2011-2012 school year and later
deleted text end must successfully complete the following high school level
credits for graduation:

(1) four credits of language arts sufficient to satisfy all of the academic standards in
English language arts;

(2) three credits of mathematics, including an algebra II credit or its equivalent, sufficient
to satisfy all of the academic standards in mathematics;

(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade
standards in mathematics;

(4) three credits of science, including at least one credit of biology, one credit of chemistry
or physics, and one elective credit of science. The combination of credits under this clause
must be sufficient to satisfy (i) all of the academic standards in either chemistry or physics
and (ii) all other academic standards in science;

(5) three and one-half credits of social studies, new text beginincluding credit for a specific course in
government and citizenship in either 11th or 12th grade for students beginning 9th grade
in the 2020-2021 school year and later, and a combination of other credits
new text endencompassing
at least United States history, geography, government and citizenship, world history, and
economics sufficient to satisfy all of the academic standards in social studies;

(6) one credit of the arts sufficient to satisfy all of the state or local academic standards
in the arts; and

(7) a minimum of seven elective credits.

Sec. 5.

Minnesota Statutes 2016, section 120B.11, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For the purposes of this section and section 120B.10, the
following terms have the meanings given them.

(a) "Instruction" means methods of providing learning experiences that enable a student
to meet state and district academic standards and graduation requirements including applied
and experiential learning.

(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness.

(c) "World's best workforce" means striving to: meet school readiness goals; have all
third grade students achieve grade-level literacy; close the academic achievement gap among
all racial and ethnic groups of students and between students living in poverty and students
not living in poverty; have all students attain career and college readiness before graduating
from high school; and have all students graduate from high school.

(d) "Experiential learning" means learning for students that includes career exploration
through a specific class or course or through work-based experiences such as job shadowing,
mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative
work experience, youth apprenticeship, or employment.

new text begin (e) "State plan" means the plan submitted by the commissioner in accordance with the
Elementary and Secondary Education Act, as most recently authorized, and approved by
the United States Department of Education, including state goals.
new text end

new text begin (f) "Ineffective teacher" means a teacher whose most recent summative teacher evaluation
resulted in placing or otherwise keeping the teacher on an improvement process pursuant
to section 122A.40, subdivision 8, or 122A.41, subdivision 5.
new text end

new text begin (g) "Inexperienced teacher" means a licensed teacher who has been employed as a teacher
for three years or less.
new text end

new text begin (h) "Out-of-field teacher" means a licensed teacher who is providing instruction in an
area in which the teacher is not licensed.
new text end

Sec. 6.

Minnesota Statutes 2016, section 120B.11, subdivision 1a, is amended to read:


Subd. 1a.

Performance measures.

Measures to determine school district and school
site progress in striving to create the world's best workforce must include at least:

(1) the size of the academic achievement gapdeleted text begin,deleted text endnew text begin as measured on the Minnesota
Comprehensive Assessments;
new text end

new text begin (2)new text end rigorous course taking under section 120B.35, subdivision 3, paragraph (c), clause
(2), and enrichment experiences by student deleted text beginsubgroupdeleted text endnew text begin groupnew text end;

deleted text begin (2)deleted text endnew text begin (3)new text end student performance on the Minnesota Comprehensive Assessmentsnew text begin in reading
and mathematics
new text end;

deleted text begin (3)deleted text endnew text begin (4)new text end high school graduation rates; deleted text beginand
deleted text end

deleted text begin (4)deleted text endnew text begin (5)new text end career and college readiness under section 120B.30, subdivision 1deleted text begin.deleted text endnew text begin, paragraph
(p), as measured by student performance on the high school Minnesota Comprehensive
Assessments in reading and mathematics, and successful completion of rigorous coursework
that is part of a well-rounded education, including advanced placement, international
baccalaureate, or concurrent enrollment coursework, or attainment of a certificate or
industry-recognized credential; and
new text end

new text begin (6) performance measures consistent with the state plan not otherwise required by this
subdivision.
new text end

Sec. 7.

Minnesota Statutes 2016, section 120B.11, subdivision 2, is amended to read:


Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, deleted text beginshalldeleted text endnew text begin mustnew text end
adopt a comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with creating the world's best workforce and includes:

(1) clearly defined district and school site deleted text begingoals anddeleted text end benchmarks deleted text beginfordeleted text endnew text begin toward meeting
statewide goals for
new text end instruction and student achievement for all student subgroups identified
in section 120B.35, subdivision 3, paragraph (b), clause (2);

(2) a process to assess and evaluate each student's progress toward meeting state and
local academic standards, assess and identify students to participate in gifted and talented
programs and accelerate their instruction, deleted text beginanddeleted text end adopt early-admission procedures consistent
with section 120B.15, and identifying the strengths and weaknesses of instruction in pursuit
of student and school success and curriculum affecting students' progress and growth toward
career and college readiness and leading to the world's best workforce;

(3) a system to periodically review and evaluate the effectiveness of all instruction and
curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, students' access to effective
teachers who are members of populations underrepresented among the licensed teachers in
the district or school and who reflect the diversity of enrolled students under section 120B.35,
subdivision 3
, paragraph (b), clause (2), and teacher evaluations under section 122A.40,
subdivision 8
, or 122A.41, subdivision 5;

(4) strategies for improving instruction, curriculum, and student achievement, including
the English and, where practicable, the native language development and the academic
achievement of English learners;

(5) a process to examine the equitable distribution of teachers and strategies to ensure
low-income and minority children are not taught at higher rates than other children by
inexperienced, ineffective, or out-of-field teachers;

(6) education effectiveness practices that integrate high-quality instruction, rigorous
curriculum, technology, and a collaborative professional culture that develops and supports
teacher quality, performance, and effectiveness; and

(7) an annual budget for continuing to implement the district plan.

Sec. 8.

Minnesota Statutes 2016, section 120B.11, subdivision 5, is amended to read:


Subd. 5.

Report.

deleted text beginConsistent with requirements for school performance reports under
section 120B.36, subdivision 1, the school board shall publish a report in the local newspaper
with the largest circulation in the district, by mail, or by electronic means on the district
Web site.
deleted text end new text begin(a) new text endThe school board deleted text beginshalldeleted text endnew text begin mustnew text end hold an annual public meeting to review, and
revise where appropriate, student achievement goals, local assessment outcomes, plans,
strategies, and practices for improving curriculum deleted text beginanddeleted text endnew text begin,new text end instructionnew text begin,new text end and cultural competency,
and efforts to equitably distribute diverse, effective, experienced, and in-field teachers, and
to review district success in realizing the previously adopted student achievement goals and
related benchmarks and the improvement plans leading to the world's best workforce. The
school board must transmit an electronic summary of its report to the commissioner in the
form and manner the commissioner determines.

new text begin (b) The commissioner must annually include in the school performance reports required
under section 120B.36, subdivision 1, student performance at each school district and school
site using the performance measures in subdivision 1a and other information required under
this subdivision. The school board must post a copy of the school performance report for
the district and each school site on the district's Web site, or provide a link to the district
and school site performance reports on the Department of Education's Web site.
new text end

Sec. 9.

Minnesota Statutes 2016, section 120B.11, subdivision 9, is amended to read:


Subd. 9.

Annual evaluation.

(a) The commissioner must identify effective strategies,
practices, and use of resources by districts and school sites in striving for the world's best
workforce. The commissioner must assist districts and sites throughout the state in
implementing these effective strategies, practices, and use of resources.

(b) The commissioner must new text beginuse the performance measures in the accountability system
of the state plan, including academic achievement in math and reading, graduation rates,
and a school quality indicator, to
new text endidentify deleted text beginthosedeleted text end districts deleted text beginin any consecutive three-year perioddeleted text endnew text begin
and school sites
new text end not making sufficient progress new text beginin any consecutive three-year period new text endtoward
deleted text begin improving teaching and learning for all students, including English learners with varied
needs, consistent with section 124D.59, subdivisions 2 and 2a, and striving for the world's
best workforce.
deleted text endnew text begin meeting state goals. The commissioner must implement evaluation timelines
and measures consistent with the state plan. The commissioner may identify districts or
school sites that do not provide information required for evaluation as failing to make
sufficient progress toward meeting state goals. The commissioner may evaluate, designate,
and report on school districts and charter schools separately, consistent with the evaluation
process under the state plan.
new text end

new text begin (c)new text end The commissioner, in collaboration with the identified district, may require the district
to use up to two percent of its basic general education revenue per fiscal year during the
proximate three school years to implement deleted text begincommissioner-specifieddeleted text endnew text begin evidence-basednew text end strategies
and new text beginbest new text endpractices, consistent with paragraph (a), to improve and accelerate its progress in
realizing its goals under this section. In implementing this section, the commissioner must
consider districts' budget constraints and legal obligations.

deleted text begin (c)deleted text endnew text begin (d)new text end The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end report by January 25 of each year to the committees
of the legislature having jurisdiction over kindergarten through grade 12 education the list
of school districts that have not submitted their report to the commissioner under subdivision
5 and the list of school districts deleted text beginnot achieving their performance goals established in their
plan under subdivision 2
deleted text endnew text begin identified as not making sufficient progress toward meeting world's
best workforce goals under paragraph (b)
new text end.

Sec. 10.

Minnesota Statutes 2016, section 120B.12, as amended by Laws 2017, First
Special Session chapter 5, article 2, sections 5, 6, and 7, is amended to read:


120B.12 READING PROFICIENTLY NO LATER THAN THE END OF GRADE
3.

Subdivision 1.

Literacy goal.

The legislature seeks to have every child reading at or
above grade level no later than the end of grade 3, including English learners, and that
teachers provide comprehensive, scientifically based reading instruction consistent with
section 122A.06, subdivision 4.

Subd. 2.

Identification; report.

(a) Each school district deleted text beginshalldeleted text endnew text begin mustnew text end identify before the
end of kindergarten, grade 1, and grade 2 students who are not reading at grade level before
the end of the current school year and deleted text beginshalldeleted text endnew text begin mustnew text end identify students in grade 3 or higher who
demonstrate a reading difficulty to a classroom teacher.

new text begin (b) new text endReading assessments in English, and in the predominant languages of district students
where practicable, must identify and evaluate students' areas of academic need related to
literacy. The district also must monitor the progress and provide reading instruction
appropriate to the specific needs of English learners. The district must use a locally adopted,
developmentally appropriate, and culturally responsive assessment and annually report
summary assessment results to the commissioner by July 1.

new text begin (c)new text end The district deleted text beginalsodeleted text end must annually report to the commissioner by July 1 a summary of
the district's efforts to screen and identify students with:

(1) dyslexia, using screening tools such as those recommended by the department's
dyslexia and literacy specialist; or

(2) convergence insufficiency disorder.

deleted text begin (b)deleted text endnew text begin (d)new text end A student identified under this subdivision must be provided with alternate
instruction under section 125A.56, subdivision 1.

Subd. 2a.

Parent notification and involvement.

Schools, at least annually, must give
the parent of each student who is not reading at or above grade level timely information
about:

(1) the student's reading proficiency as measured by a locally adopted assessment;

(2) reading-related services currently being provided to the student and the student's
progress; and

(3) strategies for parents to use at home in helping their student succeed in becoming
grade-level proficient in reading in English and in their native language.

A district may not use this section to deny a student's right to a special education
evaluation.

Subd. 3.

Intervention.

(a) For each student identified under subdivision 2, the district
deleted text begin shalldeleted text endnew text begin mustnew text end provide reading intervention to accelerate student growth and reach the goal of
reading at or above grade level by the end of the current grade and school year. If a student
does not read at or above grade level by the end of grade 3, the district must continue to
provide reading intervention until the student reads at grade level. District intervention
methods shall encourage family engagement and, where possible, collaboration with
appropriate school and community programs. Intervention methods may include, but are
not limited to, requiring attendance in summer school, intensified reading instruction that
may require that the student be removed from the regular classroom for part of the school
day, extended-day programs, or programs that strengthen students' cultural connections.

(b) A school district or charter school is strongly encouraged to provide a personal
learning plan for a student who is unable to demonstrate grade-level proficiency, as measured
by the statewide reading assessment in grade 3. The district or charter school must determine
the format of the personal learning plan in collaboration with the student's educators and
other appropriate professionals. The school must develop the learning plan in consultation
with the student's parent or guardian. The personal learning plan must address knowledge
gaps and skill deficiencies through strategies such as specific exercises and practices during
and outside of the regular school day, periodic assessments, and reasonable timelines. The
personal learning plan may include grade retention, if it is in the student's best interest. A
school must maintain and regularly update and modify the personal learning plan until the
student reads at grade level. This paragraph does not apply to a student under an
individualized education program.

Subd. 4.

Staff development.

new text begin(a) new text endEach district deleted text beginshalldeleted text endnew text begin mustnew text end use the data under subdivision
2 to identify the staff development needs so that:

(1) elementary teachers are able to implement comprehensive, scientifically based reading
and oral language instruction in the five reading areas of phonemic awareness, phonics,
fluency, vocabulary, and comprehension as defined in section 122A.06, subdivision 4, and
other literacy-related areas including writing until the student achieves grade-level reading
proficiency;

(2) elementary teachers have sufficient training to provide comprehensive, scientifically
based reading and oral language instruction that meets students' developmental, linguistic,
and literacy needs using the intervention methods or programs selected by the district for
the identified students;

(3) licensed teachers employed by the district have regular opportunities to improve
reading and writing instructionnew text begin, including screenings, intervention strategies, and
accommodations for students showing characteristics associated with dyslexia
new text end;

(4) licensed teachers recognize students' diverse needs in cross-cultural settings and are
able to serve the oral language and linguistic needs of students who are English learners by
maximizing strengths in their native languages in order to cultivate students' English language
development, including oral academic language development, and build academic literacy;
and

(5) licensed teachers are well trained in culturally responsive pedagogy that enables
students to master content, develop skills to access content, and build relationships.

new text begin (b) A school district may use its literacy incentive aid under section 124D.98 for the
staff development purposes of this subdivision.
new text end

Subd. 4a.

Local literacy plan.

(a) Consistent with this section, a school district must
adopt a local literacy plan to have every child reading at or above grade level no later than
the end of grade 3, including English learners. The plan must be consistent with section
122A.06, subdivision 4, and include the following:

(1) a process to assess students' level of reading proficiency and data to support the
effectiveness of an assessment used to screen and identify a student's level of reading
proficiency;

(2) a process to notify and involve parents;

(3) a description of how schools in the district will determine the proper reading
intervention strategy for a student and the process for intensifying or modifying the reading
strategy in order to obtain measurable reading progress;

(4) evidence-based intervention methods for students who are not reading at or above
grade level and progress monitoring to provide information on the effectiveness of the
intervention; and

(5) identification of staff development needs, including a program to meet those needs.

(b) The district must post its literacy plan on the official school district Web site.

Subd. 5.

Commissioner.

The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end recommend to districts multiple
assessment tools to assist districts and teachers with identifying students under subdivision
2. The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end also make available examples of nationally recognized and
research-based instructional methods or programs to districts to provide comprehensive,
scientifically based reading instruction and intervention under this section.

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 2 is effective July 1, 2019. Subdivisions 3 to 5 are
effective for revenue for fiscal year 2019 and later.
new text end

Sec. 11.

Minnesota Statutes 2017 Supplement, section 120B.122, subdivision 1, is amended
to read:


Subdivision 1.

deleted text beginPurposedeleted text endnew text begin Dutiesnew text end.

new text begin(a) new text endThe department must employ a dyslexia specialist
to provide technical assistance for dyslexia and related disorders and to serve as the primary
source of information and support for schools in addressing the needs of students with
dyslexia and related disorders.

new text begin (b) new text endThe dyslexia specialist deleted text beginshall alsodeleted text endnew text begin mustnew text end act to increase professional awareness and
instructional competencies to meet the educational needs of students with dyslexia or
identified with risk characteristics associated with dyslexia and deleted text beginshalldeleted text endnew text begin mustnew text end develop
implementation guidance and make recommendations to the commissioner consistent with
section 122A.06, subdivision 4, to be used to assist general education teachers and special
education teachers to recognize educational needs and to improve literacy outcomes for
students with dyslexia or identified with risk characteristics associated with dyslexia,
including recommendations related to increasing the availability of online and asynchronous
professional development programs and materials.

new text begin (c) The dyslexia specialist must provide guidance to school districts and charter schools
on how to:
new text end

new text begin (1) access tools to screen and identify students showing characteristics associated with
dyslexia in accordance with section 120B.12, subdivision 2, paragraph (a);
new text end

new text begin (2) implement screening for characteristics associated with dyslexia in accordance with
section 120B.12, subdivision 2, paragraph (a), and in coordination with other early childhood
screenings; and
new text end

new text begin (3) participate in professional development opportunities on intervention strategies and
accommodations for students with dyslexia or characteristics associated with dyslexia.
new text end

new text begin (d) The dyslexia specialist must provide guidance to the Professional Educator Licensing
and Standards Board on developing licensing renewal requirements under section 122A.187,
subdivision 5, on understanding dyslexia, recognizing dyslexia characteristics in students,
and using evidence-based dyslexia best practices.
new text end

Sec. 12.

Minnesota Statutes 2017 Supplement, section 120B.125, is amended to read:


120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION TO
POSTSECONDARY EDUCATION AND EMPLOYMENT; PERSONAL LEARNING
PLANS.

(a) Consistent with sections 120B.13, 120B.131, 120B.132, 120B.14, 120B.15, 120B.30,
subdivision 1
, paragraph (c), 125A.08, and other related sections, school districts, beginning
in the 2013-2014 school year, must assist all students by no later than grade 9 to explore
their educational, college, and career interests, aptitudes, and aspirations and develop a plan
for a smooth and successful transition to postsecondary education or employment. All
students' plans must:

(1) provide a comprehensive plan to prepare for and complete a career and college ready
curriculum by meeting state and local academic standards and developing career and
employment-related skills such as team work, collaboration, creativity, communication,
critical thinking, and good work habits;

(2) emphasize academic rigor and high expectations and inform the student, and the
student's parent or guardian if the student is a minor, of the student's achievement level
score on the Minnesota Comprehensive Assessments that are administered during high
school;

(3) help students identify interests, aptitudes, aspirations, and personal learning styles
that may affect their career and college ready goals and postsecondary education and
employment choices;

(4) set appropriate career and college ready goals with timelines that identify effective
means for achieving those goals;

(5) help students access education and career optionsnew text begin, including armed forces career
options
new text end;

(6) integrate strong academic content into career-focused courses and applied and
experiential learning opportunities and integrate relevant career-focused courses and applied
and experiential learning opportunities into strong academic content;

(7) help identify and access appropriate counseling and other supports and assistance
that enable students to complete required coursework, prepare for postsecondary education
and careers, and obtain information about postsecondary education costs and eligibility for
financial aid and scholarship;

(8) help identify collaborative partnerships among prekindergarten through grade 12
schools, postsecondary institutions, economic development agencies, and local and regional
employers that support students' transition to postsecondary education and employment and
provide students with applied and experiential learning opportunities; and

(9) be reviewed and revised at least annually by the student, the student's parent or
guardian, and the school or district to ensure that the student's course-taking schedule keeps
the student making adequate progress to meet state and local academic standards and high
school graduation requirements and with a reasonable chance to succeed with employment
or postsecondary education without the need to first complete remedial course work.

(b) A school district may develop grade-level curricula or provide instruction that
introduces students to various careers, but must not require any curriculum, instruction, or
employment-related activity that obligates an elementary or secondary student to involuntarily
select or pursue a career, career interest, employment goals, or related job training.

(c) Educators must possess the knowledge and skills to effectively teach all English
learners in their classrooms. School districts must provide appropriate curriculum, targeted
materials, professional development opportunities for educators, and sufficient resources
to enable English learners to become career and college ready.

(d) When assisting students in developing a plan for a smooth and successful transition
to postsecondary education and employment, districts must recognize the unique possibilities
of each student and ensure that the contents of each student's plan reflect the student's unique
talents, skills, and abilities as the student grows, develops, and learns.

(e) If a student with a disability has an individualized education program (IEP) or
standardized written plan that meets the plan components of this section, the IEP satisfies
the requirement and no additional transition plan is needed.

(f) Students who do not meet or exceed Minnesota academic standards, as measured by
the Minnesota Comprehensive Assessments that are administered during high school, shall
be informed that admission to a public school is free and available to any resident under 21
years of age or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c). A student's plan under this section shall continue while the student is enrolled.

new text begin (g) A school district must provide military recruiters the same access to secondary school
students as the district provides to institutions of higher education or to prospective employers
of students.
new text end

new text begin (h) School districts are encouraged to sponsor an armed forces career opportunity day
each school year prior to the third Thursday of November. A school district that sponsors
an armed forces career opportunity day must extend invitations to recruiters from each
branch of the United States armed forces and allow the recruiters to make presentations to
all interested secondary school students.
new text end

Sec. 13.

new text begin [120B.215] SUBSTANCE MISUSE PREVENTION.
new text end

new text begin (a) This section may be cited as "Jake's Law."
new text end

new text begin (b) School districts and charter schools are encouraged to provide substance misuse
prevention instruction for students in grades 5 through 12 integrated into existing programs,
curriculum, or the general school environment of a district or charter school. The
commissioner of education, in consultation with the director of the Alcohol and Other Drug
Abuse Section under section 254A.03 and substance misuse prevention and treatment
organizations, must, upon request, provide districts and charter schools with:
new text end

new text begin (1) information regarding substance misuse prevention services; and
new text end

new text begin (2) assistance in using Minnesota student survey results to inform prevention programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 14.

Minnesota Statutes 2016, section 120B.299, subdivision 10, is amended to read:


Subd. 10.

Proficiency.

"Proficiency" for purposes of reporting growth on school
performance report cards under section 120B.36, subdivision 1, means those students who,
in the previous school year, scored at or above "meets standards" on the statewide
assessments under section 120B.30. deleted text beginEach year, school performance report cards must
separately display: (1) the numbers and percentages of students who achieved low growth,
medium growth, and high growth and achieved proficiency in the previous school year; and
(2) the numbers and percentages of students who achieved low growth, medium growth,
and high growth and did not achieve proficiency in the previous school year.
deleted text end

Sec. 15.

Minnesota Statutes 2017 Supplement, section 120B.30, subdivision 1, is amended
to read:


Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts with
appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, deleted text beginshalldeleted text endnew text begin mustnew text end include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed as computer-adaptive reading and
mathematics assessments for students that are aligned with the state's required academic
standards under section 120B.021, include multiple choice questions, and are administered
annually to all students in grades 3 through 8. State-developed high school tests aligned
with the state's required academic standards under section 120B.021 and administered to
all high school students in a subject other than writing must include multiple choice questions.
The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end establish deleted text beginone or more months during which schools shall
administer the tests to students
deleted text end new text begina testing period as late as possiblenew text end each school yearnew text begin during
which schools must administer the Minnesota Comprehensive Assessments to students. The
commissioner must publish the testing schedule at least two years before the beginning of
the testing period
new text end.

deleted text begin (1) Students enrolled in grade 8 through the 2009-2010 school year are eligible to be
assessed under (i) the graduation-required assessment for diploma in reading, mathematics,
or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1, paragraphs (c),
clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii) the Compass
college placement test, (iv) the ACT assessment for college admission, (v) a nationally
recognized armed services vocational aptitude test.
deleted text end

deleted text begin (2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are eligible
to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1,
paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii) the Compass
college placement test, (iv) the ACT assessment for college admission, (v) a nationally
recognized armed services vocational aptitude test.
deleted text end

deleted text begin (3) For students under clause (1) or (2), a school district may substitute a score from an
alternative, equivalent assessment to satisfy the requirements of this paragraph.
deleted text end

(b) The state assessment system must be aligned to the most recent revision of academic
standards as described in section 120B.023 in the following manner:

(1) mathematics;

(i) grades 3 through 8 beginning in the 2010-2011 school year; and

(ii) high school level beginning in the 2013-2014 school year;

(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and

(3) language arts and reading; grades 3 through 8 and high school level beginning in the
2012-2013 school year.

(c) For students enrolled in grade 8 in the 2012-2013 school year and later, students'
state graduation requirements, based on a longitudinal, systematic approach to student
education and career planning, assessment, instructional support, and evaluation, include
the following:

(1) achievement and career and college readiness in mathematics, reading, and writing,
consistent with paragraph (k) and to the extent available, to monitor students' continuous
development of and growth in requisite knowledge and skills; analyze students' progress
and performance levels, identifying students' academic strengths and diagnosing areas where
students require curriculum or instructional adjustments, targeted interventions, or
remediation; and, based on analysis of students' progress and performance data, determine
students' learning and instructional needs and the instructional tools and best practices that
support academic rigor for the student; and

(2) consistent with this paragraph and section 120B.125, age-appropriate exploration
and planning activities and career assessments to encourage students to identify personally
relevant career interests and aptitudes and help students and their families develop a regularly
reexamined transition plan for postsecondary education or employment without need for
postsecondary remediation.

Based on appropriate state guidelines, students with an individualized education program
may satisfy state graduation requirements by achieving an individual score on the
state-identified alternative assessments.

(d) Expectations of schools, districts, and the state for career or college readiness under
this subdivision must be comparable in rigor, clarity of purpose, and rates of student
completion.

A student under paragraph (c), clause (1), must receive targeted, relevant, academically
rigorous, and resourced instruction, which may include a targeted instruction and intervention
plan focused on improving the student's knowledge and skills in core subjects so that the
student has a reasonable chance to succeed in a career or college without need for
postsecondary remediation. Consistent with sections 120B.13, 124D.09, 124D.091, 124D.49,
and related sections, an enrolling school or district must actively encourage a student in
grade 11 or 12 who is identified as academically ready for a career or college to participate
in courses and programs awarding college credit to high school students. Students are not
required to achieve a specified score or level of proficiency on an assessment under this
subdivision to graduate from high school.

(e) Though not a high school graduation requirement, students are encouraged to
participate in a nationally recognized college entrance exam. To the extent state funding
for college entrance exam fees is available, a district must pay the cost, one time, for an
interested student in grade 11 or 12 who is eligible for a free or reduced-price meal, to take
a nationally recognized college entrance exam before graduating. A student must be able
to take the exam under this paragraph at the student's high school during the school day and
at any one of the multiple exam administrations available to students in the district. A district
may administer the ACT or SAT or both the ACT and SAT to comply with this paragraph.
If the district administers only one of these two tests and a free or reduced-price meal eligible
student opts not to take that test and chooses instead to take the other of the two tests, the
student may take the other test at a different time or location and remains eligible for the
examination fee reimbursement. Notwithstanding sections 123B.34 to 123B.39, a school
district may require a student that is not eligible for a free or reduced-price meal to pay the
cost of taking a nationally recognized college entrance exam. The district must waive the
cost for a student unable to pay.

(f) The commissioner and the chancellor of the Minnesota State Colleges and Universities
must collaborate in aligning instruction and assessments for adult basic education students
and English learners to provide the students with diagnostic information about any targeted
interventions, accommodations, modifications, and supports they need so that assessments
and other performance measures are accessible to them and they may seek postsecondary
education or employment without need for postsecondary remediation. When administering
formative or summative assessments used to measure the academic progress, including the
oral academic development, of English learners and inform their instruction, schools must
ensure that the assessments are accessible to the students and students have the modifications
and supports they need to sufficiently understand the assessments.

(g) Districts and schools, on an annual basis, must use career exploration elements to
help students, beginning no later than grade 9, and their families explore and plan for
postsecondary education or careers based on the students' interests, aptitudes, and aspirations.
Districts and schools must use timely regional labor market information and partnerships,
among other resources, to help students and their families successfully develop, pursue,
review, and revise an individualized plan for postsecondary education or a career. This
process must help increase students' engagement in and connection to school, improve
students' knowledge and skills, and deepen students' understanding of career pathways as
a sequence of academic and career courses that lead to an industry-recognized credential,
an associate's degree, or a bachelor's degree and are available to all students, whatever their
interests and career goals.

(h) A student who demonstrates attainment of required state academic standards, which
include career and college readiness benchmarks, on high school assessments under
subdivision 1a is academically ready for a career or college and is encouraged to participate
in courses awarding college credit to high school students. Such courses and programs may
include sequential courses of study within broad career areas and technical skill assessments
that extend beyond course grades.

(i) As appropriate, students through grade 12 must continue to participate in targeted
instruction, intervention, or remediation and be encouraged to participate in courses awarding
college credit to high school students.

(j) In developing, supporting, and improving students' academic readiness for a career
or college, schools, districts, and the state must have a continuum of empirically derived,
clearly defined benchmarks focused on students' attainment of knowledge and skills so that
students, their parents, and teachers know how well students must perform to have a
reasonable chance to succeed in a career or college without need for postsecondary
remediation. The commissioner, in consultation with local school officials and educators,
and Minnesota's public postsecondary institutions must ensure that the foundational
knowledge and skills for students' successful performance in postsecondary employment
or education and an articulated series of possible targeted interventions are clearly identified
and satisfy Minnesota's postsecondary admissions requirements.

(k) For students in grade 8 in the 2012-2013 school year and later, a school, district, or
charter school must record on the high school transcript a student's progress toward career
and college readiness, and for other students as soon as practicable.

(l) The school board granting students their diplomas may formally decide to include a
notation of high achievement on the high school diplomas of those graduating seniors who,
according to established school board criteria, demonstrate exemplary academic achievement
during high school.

(m) The 3rd through 8th grade computer-adaptive assessment results and high school
test results shall be available to districts for diagnostic purposes affecting student learning
and district instruction and curriculum, and for establishing educational accountability. The
commissioner must establish empirically derived benchmarks on adaptive assessments in
grades deleted text begin3deleted text endnew text begin 6new text end through 8. The commissioner, in consultation with the chancellor of the Minnesota
State Colleges and Universities, must establish empirically derived benchmarks on the high
school tests that reveal a trajectory toward career and college readiness consistent with
section 136F.302, subdivision 1a. The commissioner must disseminate to the public the
computer-adaptive assessments and high school test results upon receiving those results.

(n) The grades 3 through 8 computer-adaptive assessments and high school tests must
be aligned with state academic standards. The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end determine the testing
process and the order of administration. The statewide results deleted text beginshalldeleted text endnew text begin mustnew text end be aggregated at
the site and district level, consistent with subdivision 1a.

(o) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end include the following components in the statewide
public reporting system:

(1) uniform statewide computer-adaptive assessments of all students in grades 3 through
8 and testing at the high school levels that provides appropriate, technically sound
accommodations or alternate assessments;

(2) educational indicators that can be aggregated and compared across school districts
and across time on a statewide basis, including average daily attendance, high school
graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational Progress
so that the state can benchmark its performance against the nation and other states, and,
where possible, against other countries, and contribute to the national effort to monitor
achievement.

(p) For purposes of statewide accountability, "career and college ready" means a high
school graduate has the knowledge, skills, and competencies to successfully pursue a career
pathway, including postsecondary credit leading to a degree, diploma, certificate, or
industry-recognized credential and employment. Students who are career and college ready
are able to successfully complete credit-bearing coursework at a two- or four-year college
or university or other credit-bearing postsecondary program without need for remediation.

(q) For purposes of statewide accountability, "cultural competence," "cultural
competency," or "culturally competent" means the ability of families and educators to
interact effectively with people of different cultures, native languages, and socioeconomic
backgrounds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for testing calendars in the 2020-2021
school year and later.
new text end

Sec. 16.

Minnesota Statutes 2017 Supplement, section 120B.35, subdivision 3, is amended
to read:


Subd. 3.

State growth target; other state measures.

(a)(1) The state's educational
assessment system measuring individual students' educational growth is based on indicators
of achievement growth that show an individual student's prior achievement. Indicators of
achievement and prior achievement must be based on highly reliable statewide deleted text beginor districtwidedeleted text end
assessments.

(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
report separate categories of information using the student categories identified under the
federal Elementary and Secondary Education Act, as most recently reauthorized, and, in
addition to "other" for each race and ethnicity, and the Karen community, seven of the most
populous Asian deleted text beginand Pacific Islanderdeleted text end groups, three of the most populous Native groups,
seven of the most populous Hispanic/Latino groups, and five of the most populous Black
and African Heritage groups as determined by the total Minnesota population based on the
most recent American Community Survey; English learners under section 124D.59; home
language; free or reduced-price lunch; and all students enrolled in a Minnesota public school
who are currently or were previously in foster care, except that such disaggregation and
cross tabulation is not required if the number of students in a category is insufficient to yield
statistically reliable information or the results would reveal personally identifiable information
about an individual student.

(b) The commissionerdeleted text begin, in consultation with a stakeholder group that includes assessment
and evaluation directors, district staff, experts in culturally responsive teaching, and
researchers, must implement a model that uses a value-added growth indicator and includes
criteria for identifying schools and school districts that demonstrate medium and high growth
under section 120B.299, subdivisions 8 and 9, and may recommend other value-added
measures under section 120B.299, subdivision 3. The model may be used to advance
educators' professional development and replicate programs that succeed in meeting students'
diverse learning needs. Data on individual teachers generated under the model are personnel
data under section 13.43. The model
deleted text end must deleted text beginallow users todeleted text end:

(1) report deleted text beginstudentdeleted text endnew text begin the academicnew text end growth deleted text beginconsistent with this paragraphdeleted text endnew text begin rates, as defined
in the state plan under section 120B.11, subdivision 1
new text end; and

(2) for all student categories, report and compare aggregated and disaggregated state
student growth and, under section 120B.11, subdivision 2, clause (2), student learning and
outcome data using the student categories identified under the federal Elementary and
Secondary Education Act, as most recently reauthorized, and other student categories under
paragraph (a), clause (2).

The commissioner must report measures of student growth and, under section 120B.11,
subdivision 2
, clause (2), student learning and outcome data, consistent with this paragraph,
including the English language development, academic progress, and oral academic
development of English learners and their native language development if the native language
is used as a language of instruction, and include data on all pupils enrolled in a Minnesota
public school course or program who are currently or were previously counted as an English
learner under section 124D.59.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school graduates
in the most recent school year who completed course work important to preparing them for
postsecondary academic and career opportunities, consistent with the core academic subjects
required for admission to Minnesota's public colleges and universities as determined by the
Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and other student categories under paragraph (a), clause (2).

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school safety
and students' engagement and connection at school, consistent with the student categories
identified under paragraph (a), clause (2). The summary data under this paragraph are
separate from and must not be used for any purpose related to measuring or evaluating the
performance of classroom teachers. The commissioner, in consultation with qualified experts
on student engagement and connection and classroom teachers, must identify highly reliable
variables that generate summary data under this paragraph. The summary data may be used
at school, district, and state levels only. Any data on individuals received, collected, or
created that are used to generate the summary data under this paragraph are nonpublic data
under section 13.02, subdivision 9.

(e) For purposes of statewide educational accountability, the commissioner must identify
and report measures that demonstrate the success of learning year program providers under
sections 123A.05 and 124D.68, among other such providers, in improving students'
graduation outcomes. The commissioner, beginning July 1, 2015, must annually report
summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance levels
are meeting career and college readiness benchmarks under section 120B.30, subdivision
1; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for off-track
students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of all English
learners enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59, must identify and report
appropriate and effective measures to improve current categories of language difficulty and
assessments, and monitor and report data on students' English proficiency levels, program
placement, and academic language development, including oral academic language.

(g) When reporting deleted text beginfour- and six-yeardeleted text endnew text begin graduation rates, including four-yearnew text end graduation
rates, the commissioner or school district must disaggregate the data by student categories
according to paragraph (a), clause (2).

(h) A school district must inform parents and guardians that volunteering information
on student categories not required by the most recent reauthorization of the Elementary and
Secondary Education Act is optional and will not violate the privacy of students or their
families, parents, or guardians. The notice must state the purpose for collecting the student
data.

Sec. 17.

new text begin [120B.355] ACADEMIC ACHIEVEMENT RATING SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Rating system. new text end

new text begin (a) The commissioner of education must develop an
academic achievement rating system consistent with this section to provide parents and
students with a brief overview of student performance and growth in districts, school sites,
and charter schools across the state.
new text end

new text begin (b) Each district, school site, and charter school must be assigned a summative rating
based on a score on a scale of zero to 100.
new text end

new text begin (c) The summative rating must be based on the accountability indicators used in the state
plan to identify schools for support and improvement. "State plan" as used in this section
means the plan submitted by the commissioner in accordance with the Elementary and
Secondary Education Act, as most recently authorized, and approved by the United States
Department of Education, including state goals.
new text end

new text begin (d) The summative rating and score of each district, school site, and charter school must
be reported on the Department of Education's Web site as part of the commissioner's school
performance reports pursuant to section 120B.36 by September 1, 2020, and annually
thereafter.
new text end

new text begin (e) The commissioner must examine how revisions to statewide assessments under
section 120B.30 impact school and district ratings under this section. The commissioner
may adjust district, school site, and charter school ratings accordingly to maintain consistency
in reporting.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin The commissioner must report on progress toward developing the
rating system required under subdivision 1 to the chairs and ranking minority members of
the legislative committees with jurisdiction over kindergarten through grade 12 education
in accordance with section 3.195 no later than February 1, 2020.
new text end

Sec. 18.

Minnesota Statutes 2017 Supplement, section 120B.36, subdivision 1, is amended
to read:


Subdivision 1.

School performance reports and public reporting.

(a) The commissioner
deleted text begin shalldeleted text endnew text begin mustnew text end reportnew text begin:
new text end

new text begin (1)new text end student academic performance data under section 120B.35, subdivisions 2 and 3;

new text begin (2) district, school site, and charter school ratings under section 120B.355;
new text end

new text begin (3)new text end the deleted text beginpercentages of students showing low, medium, and highdeleted text endnew text begin academicnew text end growth new text beginrates
new text end under deleted text beginsection 120B.35, subdivision 3, paragraph (b)deleted text endnew text begin the state plan as defined under section
120B.355
new text end;

new text begin (4)new text end school safety and student engagement and connection under section 120B.35,
subdivision 3, paragraph (d);

new text begin (5)new text end rigorous coursework under section 120B.35, subdivision 3, paragraph (c);

new text begin (6)new text end the percentage of students under section 120B.35, subdivision 3, paragraph (b), clause
(2), whose progress and performance levels are meeting career and college readiness
benchmarks under sections 120B.30, subdivision 1, and 120B.35, subdivision 3, paragraph
(e);

new text begin (7)new text end longitudinal data on the progress of eligible districts in reducing disparities in students'
academic achievement and realizing racial and economic integration under section 124D.861;

new text begin (8)new text end the acquisition of English, and where practicable, native language academic literacy,
including oral academic language, and the academic progress of all English learners enrolled
in a Minnesota public school course or program who are currently or were previously counted
as English learners under section 124D.59;

new text begin (9) the percentage of students who graduated in the previous school year that correctly
answered at least 30 of 50 civics test questions in accordance with section 120B.02,
subdivision 3;
new text end

new text begin (10)new text end two separate student-to-teacher ratios that clearly indicate the definition of teacher
consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios;

new text begin (11)new text end staff characteristics excluding salaries;

new text begin (12)new text end student enrollment demographics;

new text begin (13)new text end foster care status, including all students enrolled in a Minnesota public school course
or program who are currently or were previously in foster care, student homelessness, and
district mobility; and

new text begin (14)new text end extracurricular activities.

(b) The school performance report for a deleted text beginschool site and a schooldeleted text end districtnew text begin, school site, or
charter school
new text end must includenew text begin:
new text end

new text begin (1)new text end school performance reporting information deleted text beginand calculate proficiencydeleted text endnew text begin, including a
prominent display of both the district's, school site's, or charter school's summative rating
and score assigned by the commissioner under section 120B.355;
new text end

new text begin (2) academic achievementnew text end rates as required by the deleted text beginmost recently reauthorized Elementary
and Secondary Education Act.
deleted text endnew text begin state plan as defined under section 120B.355; and
new text end

new text begin (3) progress toward statewide goals under the state plan as defined under section
120B.355.
new text end

(c) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end develop, annually update, and post on the department
Web site school performance reports consistent with paragraph (a) and section 120B.11.

(d) The commissioner must make available performance reports by the beginning of
each school year.

(e) A school or district may appeal its results in a form and manner determined by the
commissioner and consistent with federal law. The commissioner's decision to uphold or
deny an appeal is final.

(f) School performance data are nonpublic data under section 13.02, subdivision 9, until
the commissioner publicly releases the data. The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end annually post
school performance reports to the department's public Web site no later than September 1,
except that in years when the reports reflect new performance standards, the commissioner
deleted text begin shalldeleted text endnew text begin mustnew text end post the school performance reports no later than October 1.

Sec. 19.

Minnesota Statutes 2016, section 120B.36, subdivision 2, is amended to read:


Subd. 2.

Student progress and other data.

(a) All data the department receives, collects,
or creates under section 120B.11, governing the world's best workforce, or uses to determine
deleted text begin federaldeleted text endnew text begin and set goals fornew text end expectations under the most recently reauthorized Elementary and
Secondary Education Act, deleted text beginset state growth targets,deleted text end and new text beginto new text enddetermine deleted text beginstudentdeleted text endnew text begin academicnew text end
growth, learning, and outcomes under section 120B.35 are nonpublic data under section
13.02, subdivision 9, until the commissioner publicly releases the data.

(b) Districts must provide parents sufficiently detailed summary data to permit parents
to appeal under the most recently reauthorized federal Elementary and Secondary Education
Act. The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end annually post deleted text beginfederal expectationsdeleted text endnew text begin state goalsnew text end and state
student growth, learning, and outcome data to the department's public Web site no later than
September 1, except that in years when data or deleted text beginfederal expectationsdeleted text endnew text begin state goalsnew text end reflect new
performance standards, the commissioner deleted text beginshalldeleted text endnew text begin mustnew text end post data on deleted text beginfederal expectationsdeleted text endnew text begin state
goals
new text end and state student growth data no later than October 1.

Sec. 20.

new text begin [121A.12] NATIONAL MOTTO.
new text end

new text begin (a) To the extent funds or in-kind contributions are available under paragraph (b), a
school board or charter school may prominently display in a conspicuous place in each
school an easily readable durable poster, framed copy, or mounted plaque of the national
motto of the United States, "In God We Trust."
new text end

new text begin (b) A school board or charter school may accept nonpublic funds or in-kind contributions
to implement this section.
new text end

Sec. 21.

Minnesota Statutes 2016, section 121A.22, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

new text begin(a) new text endThis section applies only:

(1) when the parent of a pupil requests school personnel to administer drugs or medicine
to the pupil; or

(2) when administration is allowed by the individualized education program of a child
with a disability.

The request of a parent may be oral or in writing. An oral request must be reduced to
writing within two school days, provided that the district may rely on an oral request until
a written request is received.

new text begin (b) If the administration of a drug or medication described in paragraph (a) requires the
school to store the drugs or medication, the parent or legal guardian must inform the school
if the drug or medication is a controlled substance. For drugs or medications that are not
controlled substances, the request must include a provision designating the school district
as an authorized entity to transport the drug or medication for the purpose of destruction if
any unused drug or medication is left in the possession of school personnel. For drugs or
medications that are controlled substances, the request must specify that the parent or legal
guardian is required to retrieve the drug when requested by the school.
new text end

Sec. 22.

Minnesota Statutes 2016, section 121A.22, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Unclaimed drugs or medications. new text end

new text begin (a) Each school district must adopt a
procedure for the collection and transport of any unclaimed or abandoned prescription drugs
or over-the-counter medications left in the possession of school personnel in accordance
with this subdivision. The procedure must ensure that before the transportation of any
prescription drug under this subdivision, the school district must make a reasonable attempt
to return the unused prescription drug to the student's parent or legal guardian. The procedure
must provide that transportation of unclaimed or unused prescription drugs or
over-the-counter medications occur at least annually, or more frequently as determined by
the school district.
new text end

new text begin (b) If the unclaimed or abandoned prescription drug is not a controlled substance as
defined under section 152.01, subdivision 4, or is an over-the-counter medication, the school
district may designate an individual to transport these drugs or medications to a designated
drop-off box or collection bin or may request a law enforcement agency to transport the
drugs or medications to a drop-off box or collection bin on behalf of the school district.
new text end

new text begin (c) If the unclaimed or abandoned prescription drug is a controlled substance as defined
in section 152.01, subdivision 4, a school district or school personnel is prohibited from
transporting the prescription drug to a drop-off box or collection site for prescription drugs
identified under this paragraph. The school district must request a law enforcement agency
to transport the prescription drug or medication to a collection bin that complies with Drug
Enforcement Agency regulations, or if a bin is not available, under the agency's procedure
for transporting drugs.
new text end

Sec. 23.

Minnesota Statutes 2016, section 121A.39, is amended to read:


121A.39 SCHOOL COUNSELORS.

(a) A school district is strongly encouraged to have an adequate student-to-counselor
ratio for its students beginning in the 2015-2016 school year and later.

(b) A school counselor deleted text beginshalldeleted text endnew text begin mustnew text end assist a student in meeting the requirements for high
school graduation, college and career exploration, and selection, college affordability
planning, and successful transitions into postsecondary education or training.new text begin As part of
college and career exploration, a counselor is encouraged to present and explain the career
opportunities and benefits offered by the United States armed forces and share information
provided to the counselor by armed forces recruiters. In discussing military service with a
student or a student's parent or guardian, a school counselor is encouraged to provide the
student, parent, or guardian information concerning the military enlistment test. A counselor
may consult with the Department of Labor and Industry to identify resources for students
interested in exploring career opportunities in high-wage, high-demand occupations in the
skilled trades and manufacturing.
new text end

new text begin (c) A school counselor must not interfere with a student's enlistment, or intention to
enlist, in the armed forces.
new text end

Sec. 24.

Minnesota Statutes 2016, section 121A.41, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Nonexclusionary disciplinary policies and practices; alternatives to pupil
dismissal.
new text end

new text begin "Nonexclusionary disciplinary policies and practices" means policies and practices
that are alternatives to removing a pupil from class or dismissing a pupil from school.
Nothing in this subdivision diminishes a teacher's authority to remove a student from class
consistent with sections 121A.61, subdivision 2, and 122A.42.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 25.

Minnesota Statutes 2016, section 121A.45, is amended to read:


121A.45 GROUNDS FOR DISMISSAL.

Subdivision 1.

Provision of alternative programs.

deleted text beginNo school shall dismiss any pupil
without attempting to provide alternative educational services
deleted text endnew text begin Schools must consider, where
appropriate, using nonexclusionary disciplinary policies and practices
new text end before dismissal
proceedings, except where it appears that the pupil will create an immediate and substantial
danger to self or to surrounding persons or property.

Subd. 2.

Grounds for dismissal.

A pupil may be dismissed deleted text beginon any of the following
grounds
deleted text endnew text begin fornew text end:

deleted text begin (a)deleted text end new text begin(1) new text endwillful violation of any reasonable school board regulationdeleted text begin. Such regulation must
be
deleted text endnew text begin that is specific and sufficientlynew text end clear and definite to provide notice to pupils that they
must conform their conduct to its requirements;

deleted text begin (b)deleted text endnew text begin (2)new text end willful conduct that significantly disrupts the rights of others to an education, or
the ability of school personnel to perform their duties, or school sponsored extracurricular
activities; or

deleted text begin (c)deleted text endnew text begin (3)new text end willful conduct that endangers the pupil or other pupils, or surrounding persons,
including school district employees, or property of the school.

deleted text begin Subd. 3. deleted text end

deleted text begin Parent notification and meeting. deleted text end

deleted text begin If a pupil's total days of removal from school
exceeds ten cumulative days in a school year, the school district shall make reasonable
attempts to convene a meeting with the pupil and the pupil's parent or guardian before
subsequently removing the pupil from school and, with the permission of the parent or
guardian, arrange for a mental health screening for the pupil. The district is not required to
pay for the mental health screening. The purpose of this meeting is to attempt to determine
the pupil's need for assessment or other services or whether the parent or guardian should
have the pupil assessed or diagnosed to determine whether the pupil needs treatment for a
mental health disorder.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 26.

Minnesota Statutes 2016, section 121A.46, subdivision 2, is amended to read:


Subd. 2.

Administrator notifies pupil of grounds for suspension.

At the informal
administrative conference, a school administrator shall notify the pupil of the grounds for
the suspensiondeleted text begin, provide an explanation ofdeleted text end new text beginand explain new text endthe evidence the authorities havedeleted text begin,
and the pupil may
deleted text enddeleted text beginpresent the pupil's version of the factsdeleted text end.new text begin The pupil may present the pupil's
version of the facts and ask questions but is not required to do so.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 27.

Minnesota Statutes 2016, section 121A.46, subdivision 3, is amended to read:


Subd. 3.

Written notice of grounds for suspension.

A written notice deleted text begincontainingdeleted text endnew text begin of
grounds for suspension must be personally served upon the pupil at or before the time the
suspension is to take effect and served upon the pupil's parent or guardian electronically or
by mail within 48 hours of the conference. A written notice required under this section must
contain:
new text end

new text begin (1)new text end the grounds for suspensiondeleted text begin,deleted text endnew text begin;
new text end

new text begin (2)new text end a brief statement of the factsdeleted text begin,deleted text endnew text begin;
new text end

new text begin (3)new text end a description of the testimonydeleted text begin,deleted text endnew text begin;
new text end

new text begin (4) documents indicating the nonexclusionary disciplinary policies and practices initially
used with the pupil, if applicable;
new text end

new text begin (5) new text end new text begin the length of the suspension;
new text end

new text begin (6) new text enda readmission plandeleted text begin,deleted text endnew text begin that includes the pupil's date of return to school;
new text end

new text begin (7) a request for a meeting with the pupil's parent or guardian consistent with subdivision
3a;
new text endand

new text begin (8)new text end a copy of sections 121A.40 to 121A.56deleted text begin, shall be personally served upon the pupil at
or before the time the suspension is to take effect, and upon the pupil's parent or guardian
by mail within 48 hours of the conference
deleted text end.

The district deleted text beginshalldeleted text endnew text begin mustnew text end make reasonable efforts to notify the parents of the suspension by
telephone new text beginor electronically new text endas soon as possible following new text beginthe new text endsuspension. In the event a pupil
is suspended without an informal administrative conference on the grounds that the pupil
will create an immediate and substantial danger to surrounding persons or property, the
written notice deleted text beginshalldeleted text endnew text begin mustnew text end be served upon the pupil and the pupil's parent or guardian within
48 hours of the suspension. Service by mail is complete upon mailing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 28.

Minnesota Statutes 2016, section 121A.46, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Parent notification and meeting; suspension; mental health screening. new text end

new text begin (a)
After suspending a pupil from school, a school official must make reasonable attempts to
convene a meeting with the pupil and the pupil's parent or guardian within 30 calendar days
of the dismissal. The purpose of the meeting is to engage the pupil's parent or guardian in
developing a plan to help the pupil succeed in school by addressing the behavior that led
to the dismissal.
new text end

new text begin (b) If a pupil's total days of removal from school exceeds ten cumulative days in a school
year, the school district must make reasonable attempts to convene a meeting with the pupil
and the pupil's parent or guardian before subsequently removing the pupil from school and,
with the permission of the parent or guardian, arrange for a mental health screening for the
pupil. The district is not required to pay for the mental health screening. The purpose of
this meeting is to attempt to determine the pupil's need for assessment or other services or
whether the parent or guardian should have the pupil assessed or diagnosed to determine
whether the pupil needs treatment for a mental health disorder.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 29.

Minnesota Statutes 2016, section 121A.46, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Minimum education services. new text end

new text begin School officials must give a suspended pupil
a reasonable opportunity to complete all school work assigned during the pupil's suspension
and to receive full credit for satisfactorily completing the assignments. The school principal
or other person having administrative control of the school building or program is encouraged
to designate a district or school employee as a liaison to work with the pupil's teachers to
allow the suspended pupil to (1) receive timely course materials and other information, and
(2) complete daily and weekly assignments and receive teachers' feedback.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 30.

Minnesota Statutes 2016, section 121A.47, subdivision 2, is amended to read:


Subd. 2.

Written notice.

Written notice of intent to take action deleted text beginshalldeleted text endnew text begin mustnew text end:

deleted text begin (a)deleted text endnew text begin (1)new text end be served upon the pupil and the pupil's parent or guardian personally or by mail;

deleted text begin (b)deleted text endnew text begin (2)new text end contain a complete statement of the facts, a list of the witnesses and a description
of their testimony;

deleted text begin (c) deleted text end new text begin (3) explain the grounds for expelling the pupil instead of imposing nonexclusionary
disciplinary policies and practices under section 121A.41, subdivision 12;
new text end

new text begin (4)new text end state the date, time, and place of the hearing;

deleted text begin (d)deleted text endnew text begin (5)new text end be accompanied by a copy of sections 121A.40 to 121A.56;

deleted text begin (e)deleted text endnew text begin (6)new text end describe alternative educational services accorded the pupil in an attempt to avoid
the new text beginexclusion or new text endexpulsion proceedings; and

deleted text begin (f)deleted text endnew text begin (7)new text end inform the pupil and parent or guardian of the right to:

deleted text begin (1)deleted text endnew text begin (i)new text end have a representative of the pupil's own choosing, including legal counsel, at the
hearing. The district deleted text beginshalldeleted text endnew text begin mustnew text end advise the pupil's parent or guardian that free or low-cost
legal assistance may be available and that a legal assistance resource list is available from
the Department of Educationnew text begin and is posted on the department's Web sitenew text end;

deleted text begin (2)deleted text endnew text begin (ii)new text end examine the pupil's records before the hearing;

deleted text begin (3)deleted text endnew text begin (iii)new text end present evidence; and

deleted text begin (4)deleted text endnew text begin (iv)new text end confront and cross-examine witnesses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 31.

Minnesota Statutes 2016, section 121A.47, subdivision 14, is amended to read:


Subd. 14.

Admission or readmission plan.

(a) A school administrator deleted text beginshalldeleted text endnew text begin mustnew text end prepare
and enforce an admission or readmission plan for any pupil who is excluded or expelled
from school. The plan deleted text beginmaydeleted text endnew text begin mustnew text end include measures to improve the pupil's behavior, deleted text beginincludingdeleted text endnew text begin
which may include
new text end completing a character education program, consistent with section
120B.232, subdivision 1, deleted text beginanddeleted text endnew text begin social and emotional learning, counseling, social work services,
mental health services, referrals for special education or 504 evaluation, and evidence-based
academic interventions. The plan must
new text end require parental involvement in the admission or
readmission process, and may indicate the consequences to the pupil of not improving the
pupil's behavior.

(b) The definition of suspension under section 121A.41, subdivision 10, does not apply
to a student's dismissal from school for one school day or less, except as provided under
federal law for a student with a disability. Each suspension action may include a readmission
plan. A readmission plan must provide, where appropriate, alternative education services,
which must not be used to extend the student's current suspension period. Consistent with
section 125A.091, subdivision 5, a readmission plan must not obligate a parent or guardian
to provide psychotropic drugs to their student as a condition of readmission. School officials
must not use the refusal of a parent or guardian to consent to the administration of
psychotropic drugs to their student or to consent to a psychiatric evaluation, screening or
examination of the student as a ground, by itself, to prohibit the student from attending class
or participating in a school-related activity, or as a basis of a charge of child abuse, child
neglect or medical or educational neglect.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 32.

Minnesota Statutes 2016, section 121A.55, is amended to read:


121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines to assist each school
board. Each school board deleted text beginshalldeleted text endnew text begin mustnew text end establish uniform criteria for dismissal and adopt written
policies and rules to effectuate the purposes of sections 121A.40 to 121A.56. The policies
deleted text begin shalldeleted text endnew text begin must include nonexclusionary disciplinary policies and practices consistent with section
121A.41, subdivision 12, and
new text end emphasize preventing dismissals through early detection of
problems deleted text beginand shalldeleted text endnew text begin. The policies mustnew text end be designed to address deleted text beginstudents'deleted text endnew text begin pupils'new text end inappropriate
behavior from recurring.

new text begin (b) new text endThe policies shall recognize the continuing responsibility of the school for the
education of the pupil during the dismissal period. The new text beginschool is responsible for ensuring
that the
new text endalternative educational servicesdeleted text begin, ifdeleted text endnew text begin to be provided tonew text end the pupil deleted text beginwishes to take
advantage of them, must be
deleted text end new text beginarenew text end adequate to allow the pupil to make progress towards meeting
the graduation standards adopted under section 120B.02 deleted text beginanddeleted text endnew text begin,new text end help prepare the pupil for
readmissionnew text begin, and are consistent with section 121A.46, subdivision 6new text end.

new text begin (c) For expulsion and exclusion dismissals:
new text end

new text begin (1) the school district's continuing responsibility includes reviewing the pupil's school
work and grades on a quarterly basis to ensure the pupil is on track for readmission with
the pupil's peers until the student enrolls in a new district. School districts must communicate
on a regular basis with the pupil's parent or guardian to ensure the pupil is completing the
work assigned through the alternative educational services;
new text end

new text begin (2) a pupil remains eligible for school-linked mental health services under section
245.4889 in the manner determined by the district until the pupil is enrolled in a new district;
and
new text end

new text begin (3) the district must provide to the pupil's parent or guardian a list of mental health and
counseling services available to the pupil after expulsion, including community mental
health programs.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end An area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.

deleted text begin (c)deleted text endnew text begin (e)new text end Each school district deleted text beginshalldeleted text endnew text begin mustnew text end develop a policy and report it to the commissioner
on the appropriate use of peace new text beginand school resource new text endofficers and crisis teams to remove
deleted text begin studentsdeleted text endnew text begin pupilsnew text end who have an individualized education program from school grounds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 33.

Minnesota Statutes 2016, section 121A.61, is amended to read:


121A.61 DISCIPLINE AND REMOVAL OF deleted text beginSTUDENTSdeleted text endnew text begin PUPILSnew text end FROM CLASS.

Subdivision 1.

Required policy.

Each school board must adopt a written districtwide
school discipline policy which includes written rules of conduct for deleted text beginstudentsdeleted text endnew text begin pupilsnew text end, deleted text beginminimumdeleted text end
new text begin potential new text endconsequences for violations of the rules, new text beginparental notification requirements, new text endand
grounds and procedures for removal of a deleted text beginstudentdeleted text endnew text begin pupilnew text end from class. The new text beginboard must develop
the
new text endpolicy deleted text beginmust be developeddeleted text end in consultation with administrators, teachers, employees,
pupils, parents, community members, law enforcement agencies, county attorney offices,
social service agencies, and such other individuals or organizations as the board determines
appropriate. A school site council may adopt additional provisions to the policy subject to
the approval of the school board.

Subd. 2.

Grounds for removal from class.

The policy must establish the various grounds
for which a deleted text beginstudentdeleted text end new text beginpupil new text endmay be removed from a class in the district for a period of time
under the procedures specified in the policy. The policy must include a procedure for
notifying and meeting with a deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end parent or guardian to discuss the problem that
is causing the deleted text beginstudentdeleted text endnew text begin pupilnew text end to be removed from class after the deleted text beginstudentdeleted text endnew text begin pupilnew text end has been removed
from class more than deleted text begintendeleted text end new text beginfive new text endtimes in one school year. The grounds in the policy must
include at least the following provisions as well as other grounds determined appropriate
by the board:

deleted text begin (a)deleted text endnew text begin (1)new text end willful conduct that significantly disrupts the rights of others to an education,
including conduct that interferes with a teacher's ability to teach or communicate effectively
with deleted text beginstudentsdeleted text endnew text begin pupilsnew text end in a class or with the ability of other deleted text beginstudentsdeleted text endnew text begin pupilsnew text end to learn;

deleted text begin (b)deleted text endnew text begin (2)new text end willful conduct that endangers surrounding persons, including school district
employees, the deleted text beginstudentdeleted text endnew text begin pupil,new text end or other deleted text beginstudentsdeleted text endnew text begin pupilsnew text end, or the property of the school; and

deleted text begin (c)deleted text endnew text begin (3)new text end willful violation of any rule of conduct specified in the discipline policy adopted
by the board.

Subd. 3.

Policy components.

The policy must include at least the following components:

(a) rules governing deleted text beginstudentdeleted text endnew text begin pupilnew text end conduct and procedures for informing deleted text beginstudentsdeleted text endnew text begin pupilsnew text end
of the rules;

(b) the grounds for removal of a deleted text beginstudentdeleted text endnew text begin pupilnew text end from a class;

(c) the authority of the classroom teacher to remove deleted text beginstudentsdeleted text endnew text begin pupilsnew text end from the classroom
pursuant to procedures and rules established in the district's policy;

(d) the procedures for removal of a deleted text beginstudentdeleted text endnew text begin pupilnew text end from a class by a teacher, school
administrator, or other school district employee;

(e) the period of time for which a deleted text beginstudentdeleted text endnew text begin pupilnew text end may be removed from a class, which
may not exceed five class periods for a violation of a rule of conduct;

(f) provisions relating to the responsibility for and custody of a deleted text beginstudentdeleted text endnew text begin pupilnew text end removed
from a class;

(g) the procedures for return of a deleted text beginstudentdeleted text endnew text begin pupilnew text end to the specified class from which the
deleted text begin studentdeleted text endnew text begin pupilnew text end has been removed;

(h) the procedures for notifying a deleted text beginstudentdeleted text endnew text begin pupilnew text end and the deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end parents or
guardian of violations of the rules of conduct and of resulting disciplinary actions;

(i) any procedures determined appropriate for encouraging early involvement of parents
or guardians in attempts to improve a deleted text beginstudent'sdeleted text endnew text begin pupil'snew text end behavior;

(j) any procedures determined appropriate for encouraging early detection of behavioral
problems;

(k) any procedures determined appropriate for referring a deleted text beginstudentdeleted text endnew text begin pupilnew text end in need of special
education services to those services;

(1) the procedures for consideration of whether there is a need for a further assessment
or of whether there is a need for a review of the adequacy of a current individualized
education program of a deleted text beginstudentdeleted text endnew text begin pupilnew text end with a disability who is removed from class;

(m) procedures for detecting and addressing chemical abuse problems of a deleted text beginstudentdeleted text endnew text begin pupilnew text end
while on the school premises;

(n) the deleted text beginminimumdeleted text end new text beginpotential new text endconsequences for violations of the code of conduct;

(o) procedures for immediate and appropriate interventions tied to violations deleted text beginof the codedeleted text end;

(p) a provision that states that a teacher, school employee, school bus driver, or other
agent of a district may use reasonable force in compliance with section 121A.582 and other
laws;

(q) an agreement regarding procedures to coordinate crisis services to the extent funds
are available with the county board responsible for implementing sections 245.487 to
245.4889 for deleted text beginstudentsdeleted text endnew text begin pupilsnew text end with a serious emotional disturbance or other deleted text beginstudentsdeleted text endnew text begin pupilsnew text end
who have an individualized education program whose behavior may be addressed by crisis
intervention; and

(r) a provision that states a deleted text beginstudentdeleted text endnew text begin pupilnew text end must be removed from class immediately if the
deleted text begin studentdeleted text endnew text begin pupilnew text end engages in assault or violent behavior. For purposes of this paragraph, "assault"
has the meaning given it in section 609.02, subdivision 10. The removal shall be for a period
of time deemed appropriate by the principal, in consultation with the teacher.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 34.

Minnesota Statutes 2016, section 121A.67, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Parent notification. new text end

new text begin A school administrator must make and document efforts
to immediately contact the parent or guardian of a pupil removed from a school building
or school grounds by a peace or school resource officer unless such notice is specifically
prohibited by law. If a pupil is secluded, a school administrator must make reasonable efforts
to notify the pupil's parent or guardian of the seclusion by the end of the same school day.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 35.

Minnesota Statutes 2017 Supplement, section 122A.09, is amended by adding a
subdivision to read:


new text begin Subd. 4b. new text end

new text begin Essential data. new text end

new text begin The Professional Educator Licensing and Standards Board
must maintain a list of essential data elements which must be recorded and stored about
each licensed and nonlicensed staff member. Each school district must provide the essential
data to the board in the form and manner prescribed by the board.
new text end

Sec. 36.

Minnesota Statutes 2016, section 123B.14, subdivision 7, is amended to read:


Subd. 7.

Clerk records.

The clerk deleted text beginshalldeleted text endnew text begin mustnew text end keep a record of all meetings of the district
and the board in books provided by the district for that purpose. The clerk deleted text beginshalldeleted text endnew text begin mustnew text end, within
three days after an election, notify all persons elected of their election. By September 15 of
each year the clerk deleted text beginshalldeleted text endnew text begin mustnew text end file with the board a report of the revenues, expenditures and
balances in each fund for the preceding fiscal year. The report together with vouchers and
supporting documents deleted text beginshalldeleted text endnew text begin mustnew text end subsequently be examined by a public accountant or the
state auditor, either of whom deleted text beginshalldeleted text endnew text begin mustnew text end be paid by the district, as provided in section
123B.77, subdivision 3. The board deleted text beginshalldeleted text endnew text begin mustnew text end by resolution approve the report or require a
further or amended report. deleted text beginBy September 15 of each year, the clerk shall make and transmit
to the commissioner certified reports, showing:
deleted text end

deleted text begin (1) the revenues and expenditures in detail, and such other financial information required
by law, rule, or as may be called for by the commissioner;
deleted text end

deleted text begin (2) the length of school term and the enrollment and attendance by grades; and
deleted text end

deleted text begin (3) such other items of information as may be called for by the commissioner.
deleted text end

The clerk deleted text beginshalldeleted text endnew text begin mustnew text end enter in the clerk's record book copies of all reports and of the
teachers' term reports, as they appear in the registers, and of the proceedings of any meeting
as furnished by the clerk pro tem, and keep an itemized account of all the expenses of the
district. The clerk deleted text beginshalldeleted text endnew text begin mustnew text end furnish to the auditor of the proper county, by September 30
of each year, an attested copy of the clerk's record, showing the amount of proposed property
tax voted by the district or the board for school purposes; draw and sign all orders upon the
treasurer for the payment of money for bills allowed by the board for salaries of officers
and for teachers' wages and all claims, to be countersigned by the chair. Such orders must
state the consideration, payee, and the fund and the clerk shall take a receipt therefor.
Teachers' wages shall have preference in the order in which they become due, and no money
applicable for teachers' wages shall be used for any other purpose, nor shall teachers' wages
be paid from any fund except that raised or apportioned for that purpose.

Sec. 37.

Minnesota Statutes 2016, section 124D.78, subdivision 2, is amended to read:


Subd. 2.

Resolution of concurrence.

Prior to March 1, the school board or American
Indian school must submit to the department a copy of a resolution adopted by the American
Indian education parent advisory committee. The copy must be signed by the chair of the
committee and must state whether the committee concurs with the educational programs
for American Indian students offered by the school board or American Indian school. If the
committee does not concur with the educational programs, the reasons for nonconcurrence
and recommendations deleted text beginshalldeleted text endnew text begin mustnew text end be submitted new text begindirectly to the school board new text endwith the resolution.
By resolution, the board must respond in writing within 60 days, in cases of nonconcurrence,
to each recommendation made by the committee and state its reasons for not implementing
the recommendations.

Sec. 38.

Minnesota Statutes 2016, section 124D.98, is amended to read:


124D.98 LITERACY INCENTIVE AID.

Subdivision 1.

Literacy incentive aid.

A district's literacy incentive aid equals the sum
of the proficiency aid under subdivision 2, and the growth aid under subdivision 3.

Subd. 2.

Proficiency aid.

The proficiency aid for each school in a district that has
submitted to the commissioner its local literacy plan under section 120B.12, subdivision
4a
, is equal to the product of the school's proficiency allowance times the number of third
grade pupils at the school on October 1 of the previous fiscal year. A school's proficiency
allowance is equal to the percentage of students in each building that meet or exceed
proficiency on the third grade reading Minnesota Comprehensive Assessment, averaged
across the previous three test administrations, times $530.

Subd. 3.

Growth aid.

The growth aid for each school in a district that has submitted to
the commissioner its local literacy plan under section 120B.12, subdivision 4a, is equal to
the product of the school's growth allowance times the number of fourth grade pupils enrolled
at the school on October 1 of the previous fiscal year. A school's growth allowance is equal
to the percentage of students at that school making medium or high growth, under deleted text beginsection
120B.299
deleted text endnew text begin subdivision 4new text end, on the fourth grade reading Minnesota Comprehensive Assessment,
averaged across the previous three test administrations, times $530.

new text begin Subd. 4. new text end

new text begin Medium and high growth. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Medium growth" is an assessment score within one-half standard deviation above
or below the average year-two assessment scores for students with similar year-one
assessment scores.
new text end

new text begin (c) "High growth" is an assessment score one-half standard deviation or more above the
average year-two assessment scores for students with similar year-one assessment scores.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2019 and later.
new text end

Sec. 39.

Minnesota Statutes 2016, section 125B.07, subdivision 6, is amended to read:


Subd. 6.

Essential data.

The department deleted text beginshalldeleted text endnew text begin mustnew text end maintain a list of essential data
elements which must be recorded and stored about each pupildeleted text begin, licensed and nonlicensed
staff member,
deleted text end and educational program. Each school district must provide the essential data
to the department in the form and format prescribed by the department.

Sec. 40.

Minnesota Statutes 2017 Supplement, section 609A.03, subdivision 7a, is amended
to read:


Subd. 7a.

Limitations of order effective January 1, 2015, and later.

(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;

(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;

(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;

(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human services;

(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board deleted text beginor the
licensing division of the Department of Education
deleted text end; and

(6) the court may order an expunged record opened upon request by the victim of the
underlying offense if the court determines that the record is substantially related to a matter
for which the victim is before the court.

(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human servicesdeleted text begin,deleted text endnew text begin andnew text end the
Professional Educator Licensing and Standards Boarddeleted text begin, or the licensing division of the
Department of Education
deleted text end of the existence of a sealed record and of the right to obtain access
under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to
the expungement order shall provide access to the record to the commissioner of human
servicesdeleted text begin,deleted text endnew text begin ornew text end the Professional Educator Licensing and Standards Boarddeleted text begin, or the licensing
division of the Department of Education
deleted text end under paragraph (b), clause (4) or (5).

(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.

(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.

(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.

(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015.

Sec. 41.

Minnesota Statutes 2017 Supplement, section 626.556, subdivision 2, 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) "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.

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

(c) "Facility" means:

(1) a licensed or unlicensed day care facility, certified license-exempt child care center,
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
144H, 245D, or 245H;

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E;
or

(3) a nonlicensed personal care provider organization as defined in section 256B.0625,
subdivision 19a
.

(d) "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 sexual abuse or 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.

(e) "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 sexual abuse or substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under
sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05,
subdivisions 9
, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider
association as defined in section 256B.0625, subdivision 19a.

(f) "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.

(g) "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, medical effects or developmental delays during the child's first year of life
that medically indicate prenatal exposure to a controlled substance, or the presence of a
fetal alcohol spectrum disorder;

(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.

(h) "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 substantiated
maltreatment by the individual, the commissioner of human services shall determine that a
nonmaltreatment mistake was made by the individual.

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

(j) "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.

(k) "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 125A.0942 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:

(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) striking a child who is at least age one but under age four on the face or head, which
results in an injury;

(9) 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;

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

(11) 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.

(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) "Report" means any communication received by the local welfare agency, police
department, county sheriff, or agency responsible for child protection pursuant to this section
that describes neglect or physical or sexual abuse of a child and contains sufficient content
to identify the child and any person believed to be responsible for the neglect or abuse, if
known.

(n) "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), deleted text beginordeleted text end
609.3451 (criminal sexual conduct in the fifth degree)new text begin, or 609.352 (solicitation of children
to engage in sexual conduct; communication of sexually explicit materials to children)
new text end.
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. Effective May 29, 2017,
sexual abuse includes all reports of known or suspected child sex trafficking involving a
child who is identified as a victim of sex trafficking. Sexual abuse includes child sex
trafficking as defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes
threatened sexual abuse which includes the status of a parent or household member who
has committed a violation which requires registration as an offender under section 243.166,
subdivision 1b, paragraph (a) or (b), or required registration under section 243.166,
subdivision 1b, paragraph (a) or (b).

(o) "Substantial child endangerment" means a person responsible for a child's care, 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) abandonment under section 260C.301, subdivision 2;

(3) neglect as defined in paragraph (g), 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;

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

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

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

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

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

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

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

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

(12) parental behavior, status, or condition which mandates that the county attorney file
a termination of parental rights petition under section 260C.503, subdivision 2.

(p) "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 (j), 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, subdivision 1, 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 Minnesota Statutes 2010, section 260C.201,
subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law
of another jurisdiction.

A child is the subject of a report of threatened injury when the responsible social services
agency receives birth match data under paragraph (q) from the Department of Human
Services.

(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth
record or recognition of parentage identifying a child who is subject to threatened injury
under paragraph (p), the Department of Human Services shall send the data to the responsible
social services agency. The data is known as "birth match" data. Unless the responsible
social services agency has already begun an investigation or assessment of the report due
to the birth of the child or execution of the recognition of parentage and the parent's previous
history with child protection, the agency shall accept the birth match data as a report under
this section. The agency may use either a family assessment or investigation to determine
whether the child is safe. All of the provisions of this section apply. If the child is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

(r) 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 42.

Laws 2016, chapter 189, article 25, section 61, is amended to read:


Sec. 61. CERTIFICATION INCENTIVE REVENUE.

Subdivision 1.

Qualifying certificates.

As soon as practicable, the commissioner of
education, in consultation with the Governor's Workforce Development Council established
under Minnesota Statutes, section 116L.665, and the P-20 education partnership operating
under Minnesota Statutes, section 127A.70, must establish the list of qualifying career and
technical certificates and post the names of those certificates on the Department of
Education's Web site. The certificates must be in fields where occupational opportunities
exist.

Subd. 2.

School district participation.

(a) A school board may adopt a policy authorizing
its students in grades 9 through 12, including its students enrolled in postsecondary enrollment
options courses under Minnesota Statutes, section 124D.09, the opportunity to complete a
qualifying certificate. The certificate may be completed as part of a regularly scheduled
course.

(b) A school district may register a student for any assessment necessary to complete a
qualifying certificate and pay any associated registration fees for its students.

Subd. 3.

Incentive funding.

(a) A school district's career and technical certification aid
equals $500 times the district's number of students enrolled during the current fiscal year
who have obtained one or more qualifying certificates during the current fiscal year.

(b) The statewide total certificate revenue must not exceed deleted text begin$1,000,000deleted text endnew text begin $400,000 for the
2016-2017, 2017-2018, and 2018-2019 school years
new text end. The commissioner must proportionately
reduce the initial aid provided under this subdivision so that the statewide aid cap is not
exceeded.

Subd. 4.

Reports to the legislature.

(a) The commissioner of education must report to
the committees of the legislature with jurisdiction over kindergarten through grade 12
education and higher education by February 1, 2017, on the number and types of certificates
authorized for the 2016-2017 school year. The commissioner must also recommend whether
the pilot program should be continued.

(b) By February 1deleted text begin,deleted text endnew text begin ofnew text end 2018new text begin, 2019, and 2020new text end, the commissioner of education must report
to the committees of the legislature with jurisdiction over kindergarten through grade 12
education and higher education about the number and types of certificates earned by
Minnesota's students during the deleted text begin2016-2017deleted text endnew text begin priornew text end school year.

Sec. 43.

Laws 2016, chapter 189, article 25, section 62, subdivision 15, is amended to
read:


Subd. 15.

Certificate incentive funding.

new text begin(a) new text endFor the certificate incentive program:

$
deleted text begin 1,000,000 deleted text end new text begin
400,000
new text end
.....
2017

new text begin (b) $600,000 of the $1,000,000 appropriation in Laws 2016, chapter 189, article 25,
section 62, subdivision 15, is canceled to the general fund.
new text end

new text begin (c) Of this amount, $3,000 is for the administrative expenses associated with the reports
required for 2019 and 2020.
new text endThis is a onetime appropriation. This appropriation is available
until June 30, 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 44.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 12,
is amended to read:


Subd. 12.

Museums and education centers.

For grants to museums and education
centers:

$
460,000
.....
2018
$
deleted text begin 460,000 deleted text end new text begin
491,000
new text end
.....
2019

(a) $319,000 each year is for the Minnesota Children's Museum. Of the amount in this
paragraph, $50,000 in each year is for the Minnesota Children's Museum, Rochester.

(b) $50,000 each year is for the Duluth Children's Museum.

(c) $41,000 each year is for the Minnesota Academy of Science.

(d) $50,000 each year is for the Headwaters Science Center.

new text begin (e) $31,000 in fiscal year 2019 only is for the Judy Garland Museum for the Children's
Discovery Museum of Grand Rapids. Of this amount, up to three percent is for administering
the grant.
new text end

Any balance in the first year does not cancel but is available in the second year.

new text begin The base in fiscal year 2020 is $460,000.
new text end

Sec. 45.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 14,
is amended to read:


Subd. 14.

Singing-based pilot program to improve student reading.

(a) For a grant
to pilot a research-supported, computer-based educational program that uses singing to
improve the reading ability of students in grades 2 through 5:

$
500,000
.....
2018
$
0
.....
2019

(b) The commissioner of education shall award a grant to the Rock 'n' Read Project to
implement a research-supported, computer-based educational program that uses singing to
improve the reading ability of students in grades 2 through 5. The grantee shall be responsible
for selecting participating school sites; providing any required hardware and software,
including software licenses, for the duration of the grant period; providing technical support,
training, and staff to install required project hardware and software; providing on-site
professional development and instructional monitoring and support for school staff and
students; administering preintervention and postintervention reading assessments; evaluating
the impact of the intervention; and other project management services as required. To the
extent practicable, the grantee must select participating schools in urban, suburban, and
greater Minnesota, and give priority to schools in which a high proportion of students do
not read proficiently at grade level and are eligible for free or reduced-price lunch.

(c) By February 15, 2019, the grantee must submit a report detailing expenditures and
outcomes of the grant to the commissioner of education and the chairs and ranking minority
members of the legislative committees with primary jurisdiction over kindergarten through
grade 12 education policy and finance.

(d) This is a onetime appropriation.

new text begin (e) Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 46.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 23,
is amended to read:


Subd. 23.

deleted text beginParaprofessional pathwaydeleted text endnew text begin Grow Your Own pathwaysnew text end to teacher licensure.

(a) For grants to school districts for Grow Your Own new teacher programs:

$
1,500,000
.....
2018
$
1,500,000
.....
2019

(b) The grants new text beginin paragraph (a) new text endare for school districts deleted text beginwith more thandeleted text endnew text begin and charter schools
where at least
new text end 30 percent new text beginof the school district's or charter school's students served are
students of color or American Indian students
new text enddeleted text beginminority studentsdeleted text end for a deleted text beginBoard of
Teaching-approved
deleted text endnew text begin Professional Educator Licensing and Standards Board-approvednew text end
nonconventional teacher residency pilot program. The program must provide tuition
scholarships or stipends to enable school district new text beginand charter school new text endemployees or community
members affiliated with a school district new text beginor charter school new text endwho seek an education license
to participate in a nonconventional teacher preparation program. School districts new text beginand charter
schools
new text endthat receive funds under this subdivision are strongly encouraged to recruit candidates
of color and American Indian candidates to participate in the Grow Your Own new teacher
programs. Districts or schools providing financial support may require a commitment as
determined by the district to teach in the district or school for a reasonable amount of time
that does not exceed five years.

(c) School districts and charter schools may also apply for grants to develop innovative
expanded Grow Your Own programs that encourage secondary school students to pursue
teaching, including developing and offering dual-credit postsecondary course options in
schools for "Introduction to Teaching" or "Introduction to Education" courses consistent
with Minnesota Statutes, section 124D.09, subdivision 10.

(d) Programs must annually report to the commissioner by the date determined by the
commissioner on their activities under this section, including the number of participants,
the percentage of participants who are of color or who are American Indian, and an
assessment of program effectiveness, including participant feedback, areas for improvement,
the percentage of participants continuing to pursue teacher licensure, and the number of
participants hired in the school or district as teachers after completing preparation programs.

(e) The department may retain up to three percent of the appropriation amount to monitor
and administer the grant program.

(f) Any balance in the first year does not cancel but is available in the second year.

Sec. 47. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Online access to music education. new text end

new text begin (a) For a grant to the MacPhail Center for
Music to broaden access to music education in rural Minnesota:
new text end

new text begin $
new text end
new text begin 125,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) The MacPhail Center must use the grant under paragraph (a) to broaden access to
music education in rural Minnesota. The program must supplement and enhance an existing
program and may provide individual instruction, sectional ensembles, and other group
activities, workshops, and early childhood music activities. The MacPhail Center must
design its program in consultation with music educators who teach in rural Minnesota. The
grants may be used by the MacPhail Center for employee costs and for any related travel
costs.
new text end

new text begin (c) Upon request from a school's music educator, the MacPhail Center may enter into
an agreement with the school to provide a program according to paragraph (b). In an early
childhood setting, the MacPhail Center may provide a program upon a request initiated by
an early childhood educator.
new text end

new text begin (d) By January 15, 2020, the MacPhail Center shall prepare and submit a report to the
legislature describing the online programs offered, program outcomes, the students served,
an estimate of the unmet need for music education, and a detailed list of expenditures for
the previous fiscal year.
new text end

new text begin (e) Of this amount, up to three percent is for administering the grant. This is a onetime
appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Mounds View early college aid. new text end

new text begin (a) For Independent School District No. 621,
Mounds View:
new text end

new text begin $
new text end
new text begin 200,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) The amount awarded under this subdivision must be used to provide scholarships
for teachers who teach secondary school courses for postsecondary credit through the
district's early college program to enroll in up to 18 graduate credits in an applicable subject
area. The district and the State Partnership are encouraged to collaborate to avoid duplication
of service and, to the extent practicable, provide district teachers access to the State
Partnership's continuing education program established in accordance with Laws 2017, First
Special Session chapter 5, article 2, section 48.
new text end

new text begin (c) Of this amount, up to three percent is for administering the grant. This is a onetime
appropriation.
new text end

new text begin (d) The fiscal year 2019 appropriation is available until June 30, 2022. Any remaining
balance is canceled to the general fund.
new text end

new text begin Subd. 4. new text end

new text begin Vocational enrichment revenue. new text end

new text begin (a) For vocational enrichment grants to school
districts, including Independent School District No. 2752, Fairmont, for career and technical
education in extended week and summer school programs:
new text end

new text begin $
new text end
new text begin 150,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) A school district must apply for a grant in the form and manner specified by the
commissioner. The maximum amount of a vocational enrichment grant equals the product
of:
new text end

new text begin (1) $5,117;
new text end

new text begin (2) 1.2;
new text end

new text begin (3) the number of students participating in the program; and
new text end

new text begin (4) the ratio of the actual hours of service provided to each student to 1,020.
new text end

new text begin (c) If applications for funding exceed the amount appropriated for the program, the
commissioner must prioritize grants to programs in the following pathways: welding;
construction trades; automotive technology; household electrical skills; heating, ventilation,
and air conditioning; plumbing; culinary arts; and agriculture.
new text end

new text begin (d) Of this amount, up to three percent is for administering the grant. This is a onetime
appropriation.
new text end

new text begin (e) The fiscal year 2019 appropriation is available until June 30, 2021.
new text end

Sec. 48. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in
column A to the references listed in column B.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 136D.01
new text end
new text begin 123C.01
new text end
new text begin 136D.21
new text end
new text begin 123C.21
new text end
new text begin 136D.22
new text end
new text begin 123C.22
new text end
new text begin 136D.23
new text end
new text begin 123C.23
new text end
new text begin 136D.24
new text end
new text begin 123C.24
new text end
new text begin 136D.25
new text end
new text begin 123C.25
new text end
new text begin 136D.26
new text end
new text begin 123C.26
new text end
new text begin 136D.281
new text end
new text begin 123C.27
new text end
new text begin 136D.29
new text end
new text begin 123C.28
new text end
new text begin 136D.31
new text end
new text begin 123C.29
new text end
new text begin 136D.41
new text end
new text begin 123C.41
new text end
new text begin 136D.42
new text end
new text begin 123C.42
new text end
new text begin 136D.43
new text end
new text begin 123C.43
new text end
new text begin 136D.44
new text end
new text begin 123C.44
new text end
new text begin 136D.45
new text end
new text begin 123C.45
new text end
new text begin 136D.46
new text end
new text begin 123C.46
new text end
new text begin 136D.47
new text end
new text begin 123C.47
new text end
new text begin 136D.48
new text end
new text begin 123C.48
new text end
new text begin 136D.49
new text end
new text begin 123C.49
new text end
new text begin 136D.71
new text end
new text begin 123C.71
new text end
new text begin 136D.72
new text end
new text begin 123C.72
new text end
new text begin 136D.73
new text end
new text begin 123C.73
new text end
new text begin 136D.74
new text end
new text begin 123C.74
new text end
new text begin 136D.741
new text end
new text begin 123C.75
new text end
new text begin 136D.76
new text end
new text begin 123C.76
new text end
new text begin 136D.81
new text end
new text begin 123C.81
new text end
new text begin 136D.82
new text end
new text begin 123C.82
new text end
new text begin 136D.83
new text end
new text begin 123C.83
new text end
new text begin 136D.84
new text end
new text begin 123C.84
new text end
new text begin 136D.85
new text end
new text begin 123C.85
new text end
new text begin 136D.86
new text end
new text begin 123C.86
new text end
new text begin 136D.88
new text end
new text begin 123C.87
new text end
new text begin 136D.90
new text end
new text begin 123C.88
new text end
new text begin 136D.92
new text end
new text begin 123C.89
new text end
new text begin 136D.93
new text end
new text begin 123C.90
new text end
new text begin 136D.94
new text end
new text begin 123C.91
new text end

new text begin (b) The revisor of statutes shall make necessary cross-reference changes in Minnesota
Statutes and Minnesota Rules consistent with renumbering of Minnesota Statutes, chapter
136D in this act, and if Minnesota Statutes, chapter 136D, is further amended in the 2018
legislative session, shall codify the amendments in a manner consistent with this act. The
revisor may make necessary changes to sentence structure to preserve the meaning of the
text.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 49. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, section 120B.299, subdivisions 7, 8, 9, and 11, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Laws 2016, chapter 189, article 25, section 62, subdivision 16, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective July 1, 2018. Paragraph (b) is effective
the day following final enactment.
new text end

ARTICLE 49

TEACHERS

Section 1.

new text begin [122A.051] CODE OF ETHICS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Each teacher, upon entering the teaching profession, assumes a
number of obligations, one of which is to adhere to a set of principles that defines professional
conduct. These principles are reflected in the code of ethics, which sets forth to the education
profession and the public it serves standards of professional conduct. This code applies to
all persons licensed according to rules established by the Professional Educator Licensing
and Standards Board.
new text end

new text begin Subd. 2. new text end

new text begin Standards of professional conduct. new text end

new text begin (a) A teacher must provide professional
education services in a nondiscriminatory manner, including not discriminating on the basis
of political, ideological, or religious beliefs.
new text end

new text begin (b) A teacher must make reasonable effort to protect students from conditions harmful
to health and safety.
new text end

new text begin (c) In accordance with state and federal laws, a teacher must disclose confidential
information about individuals only when a compelling professional purpose is served or
when required by law.
new text end

new text begin (d) A teacher must take reasonable disciplinary action in exercising the authority to
provide an atmosphere conducive to learning.
new text end

new text begin (e) A teacher must not use professional relationships with students, parents, and
colleagues to personal advantage.
new text end

new text begin (f) A teacher must delegate authority for teaching responsibilities only to licensed
personnel or as otherwise provided by law.
new text end

new text begin (g) A teacher must not deliberately suppress or distort subject matter.
new text end

new text begin (h) A teacher must not knowingly falsify or misrepresent records or facts relating to that
teacher's own qualifications or to other teachers' qualifications.
new text end

new text begin (i) A teacher must not knowingly make false or malicious statements about students or
colleagues.
new text end

new text begin (j) A teacher must accept a contract for a teaching position that requires licensing only
if properly or provisionally licensed for that position.
new text end

new text begin (k) A teacher must not engage in any sexual contact with a student.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 122A.07, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Public employer compensation reduction prohibited. new text end

new text begin The public employer
of a member shall not reduce the member's compensation or benefits for the member's
absence from employment when engaging in the business of the board.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 122A.09, subdivision 2, is amended
to read:


Subd. 2.

Advise members of profession.

new text begin(a) new text endThe Professional Educator Licensing and
Standards Board must act in an advisory capacity to members of the profession in matters
of interpretation of the code of ethicsnew text begin in section 122A.051new text end.

new text begin (b) The board must develop a process for a school district to receive a written complaint
about a teacher under the code of ethics and forward the complaint to the board. A school
board must inform parents and guardians in the school district of their ability to submit a
complaint to the school board under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2017 Supplement, section 122A.18, subdivision 8, is amended
to read:


Subd. 8.

Background checks.

(a) The Professional Educator Licensing and Standards
Board and the Board of School Administrators must request a criminal history background
check from the superintendent of the Bureau of Criminal Apprehension on all first-time
teaching applicants for licenses under their jurisdiction. Applicants must include with their
licensure applications:

(1) an executed criminal history consent form, including fingerprints; and

(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.

(b) The superintendent of the Bureau of Criminal Apprehension deleted text beginshalldeleted text endnew text begin mustnew text end perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange fingerprints with the Federal Bureau of
Investigation for purposes of the criminal history check. The superintendent deleted text beginshalldeleted text endnew text begin mustnew text end
recover the cost to the bureau of a background check through the fee charged to the applicant
under paragraph (a).

deleted text begin (c) The Professional Educator Licensing and Standards Board or the Board of School
Administrators may issue a license pending completion of a background check under this
subdivision, but must notify the individual and the school district or charter school employing
the individual that the individual's license may be revoked based on the result of the
background check.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2017 Supplement, section 122A.187, subdivision 3, is amended
to read:


Subd. 3.

Professional growth.

(a) Applicants for license renewal for a Tier 3 or Tier 4
license under sections 122A.183 and 122A.184, respectively, who have been employed as
a teacher during the renewal period of the expiring license, as a condition of license renewal,
must present to their local continuing education and relicensure committee or other local
relicensure committee evidence of work that demonstrates professional reflection and growth
in best teaching practices, including among other things, cultural competence in accordance
with section 120B.30, subdivision 1, paragraph (q), and practices in meeting the varied
needs of English learners, from young children to adults under section 124D.59, subdivisions
2 and 2a. A teacher may satisfy the requirements of this paragraph by submitting the teacher's
most recent summative evaluation or improvement plan under section 122A.40, subdivision
8, or 122A.41, subdivision 5.new text begin Counselors, school social workers, and teachers who do not
provide direct instruction but who provide academic, college, and career planning and
support to students may submit proof of training on armed forces career options or careers
in the skilled trades and manufacturing as additional evidence of professional growth.
new text end

(b) The Professional Educator Licensing and Standards Board must ensure that its teacher
relicensing requirements include paragraph (a).

Sec. 6.

Minnesota Statutes 2017 Supplement, section 122A.187, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Background check. new text end

new text begin The Professional Educator Licensing and Standards Board
must request a criminal history background check from the superintendent of the Bureau
of Criminal Apprehension on a licensed teacher applying for a license renewal who has not
had a background check within the preceding five years. The board may request payment
from the teacher renewing a license in an amount equal to the actual cost of the background
check.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 122A.20, subdivision 1, is amended
to read:


Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The Professional
Educator Licensing and Standards Board or Board of School Administrators, whichever
has jurisdiction over a teacher's licensure, may, on the written complaint of the school board
employing a teacher, a teacher organization, or any other interested person, refuse to issue,
refuse to renew, suspend, or revoke a teacher's license to teach for any of the following
causes:

(1) immoral character or conduct;

(2) failure, without justifiable cause, to teach for the term of the teacher's contract;

(3) gross inefficiency or willful neglect of duty;

(4) failure to meet licensure requirements; deleted text beginor
deleted text end

(5) fraud or misrepresentation in obtaining a licensedeleted text begin.deleted text endnew text begin; or
new text end

new text begin (6) intentional and inappropriate patting, touching, pinching, or other physical contact
with a student that is sexually motivated.
new text end

The written complaint must specify the nature and character of the charges.

(b) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, deleted text beginshalldeleted text endnew text begin mustnew text end refuse to
issue, refuse to renew, or automatically revoke a teacher's license to teach without the right
to a hearing upon receiving a certified copy of a conviction showing that the teacher has
been convicted ofnew text begin:
new text end

new text begin (1)new text end child abuse, as defined in section 609.185deleted text begin,deleted text endnew text begin;
new text end

new text begin (2)new text end sex trafficking in the first degree under section 609.322, subdivision 1deleted text begin,deleted text endnew text begin;
new text end

new text begin (3)new text end sex trafficking in the second degree under section 609.322, subdivision 1adeleted text begin,deleted text endnew text begin;
new text end

new text begin (4)new text end engaging in hiring, or agreeing to hire a minor to engage in prostitution under section
609.324, deleted text beginsubdivisiondeleted text endnew text begin subdivisionsnew text end 1, new text begin1a, and 2;
new text end

new text begin (5) criminal new text endsexual deleted text beginabusedeleted text endnew text begin conductnew text end under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3deleted text begin, ordeleted text endnew text begin;
new text end

new text begin (6) indecent exposure under sectionnew text end 617.23, subdivision 3deleted text begin,deleted text endnew text begin;
new text end

new text begin (7)new text end solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352deleted text begin,deleted text endnew text begin;
new text end

new text begin (8)new text end interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minordeleted text begin,deleted text endnew text begin;
new text end

new text begin (9)new text end using minors in a sexual performance under section 617.246deleted text begin,deleted text endnew text begin;
new text end

new text begin (10)new text end possessing pornographic works involving a minor under section 617.247deleted text begin,deleted text endnew text begin;new text end or

new text begin (11) new text endany other offense not listed in this paragraph that requires the person to register as
a predatory offender under section 243.166, or a crime under a similar law of another state
or the United States.

new text begin In addition, the board may refuse to issue, refuse to renew, or automatically revoke a teacher's
license to teach without the right to a hearing upon receiving a certified copy of a stay of
adjudication for any offense.
new text endThe board shall send notice of this licensing action to the
district in which the teacher is currently employed.

(c) A person whose license to teach has been revoked, not issued, or not renewed under
paragraph (b), may petition the board to reconsider the licensing action if the person's
conviction deleted text beginfor child abuse or sexual abuse isdeleted text end reversed by a final decision of the Court of
Appeals or the Supreme Court or if the person has received a pardon for the offense. The
petitioner deleted text beginshalldeleted text endnew text begin mustnew text end attach a certified copy of the appellate court's final decision or the
pardon to the petition. Upon receiving the petition and its attachment, the board deleted text beginshalldeleted text endnew text begin mustnew text end
schedule and hold a disciplinary hearing on the matter under section 214.10, subdivision 2,
unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
the reversal of the petitioner's criminal conviction or the issuance of a pardon, the petitioner
is disqualified from teaching under paragraph (a), clause (1), the board deleted text beginshalldeleted text endnew text begin mustnew text end affirm
its previous licensing action. If the board finds that the petitioner is not disqualified from
teaching under paragraph (a), clause (1), it deleted text beginshalldeleted text endnew text begin mustnew text end reverse its previous licensing action.

new text begin (d) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must refuse to issue,
refuse to renew, or revoke a teacher's license to teach if the teacher has engaged in sexual
penetration as defined in section 609.321, subdivision 11, with a student enrolled in a school
where the teacher works or volunteers.
new text end

new text begin (e) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must review and may
refuse to issue, refuse to renew, or revoke a teacher's license to teach upon receiving a
certified copy of a conviction showing that the teacher has been convicted of:
new text end

new text begin (1) a qualified domestic violence-related offense as defined in section 609.02, subdivision
16;
new text end

new text begin (2) embezzlement of public funds under section 609.54, clause (1) or (2);
new text end

new text begin (3) a felony involving a minor as the victim; or
new text end

new text begin (4) a gross misdemeanor involving a minor as the victim.
new text end

new text begin If an offense included in clauses (1) to (4) is already included in paragraph (b), the provisions
of paragraph (b) apply to the conduct.
new text end

new text begin (f) A decision by the Professional Educator Licensing and Standards Board to refuse to
issue, refuse to renew, suspend, or revoke a license must be reversed if the decision is based
on a background check and the teacher or license application is not the subject of the
background check.
new text end

new text begin (g) Section 122A.188 does not apply to a decision by the board to refuse to issue, refuse
to renew, or revoke a license under this paragraph. A person whose license has been revoked,
not issued, or not renewed under this subdivision may appeal the decision by filing a written
request with the Professional Educator Licensing and Standards Board or the Board of
School Administrators, as appropriate, within 30 days of notice of the licensing action. The
board must then initiate a contested case under the Administrative Procedure Act, sections
14.001 to 14.69.
new text end

new text begin (h) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, may suspend a teacher's
license pending an investigation into a report of conduct that would be grounds for revocation
under paragraph (b), (d), or (e). The teacher's license is suspended until the licensing board
completes its disciplinary investigation and determines whether disciplinary action is
necessary.
new text end

deleted text begin (d)deleted text endnew text begin (i)new text end For purposes of this subdivision, the Professional Educator Licensing and Standards
Board is delegated the authority to suspend or revoke coaching licenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2017 Supplement, section 122A.20, subdivision 2, is amended
to read:


Subd. 2.

Mandatory reporting.

(a) A school board must report to the Professional
Educator Licensing and Standards Board, the Board of School Administrators, or the Board
of Trustees of the Minnesota State Colleges and Universities, whichever has jurisdiction
over the teacher's or administrator's license, when its teacher or administrator is discharged
or resigns from employment after a charge is filed with the school board under section
122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed that are
grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses (1) to
(5), or when a teacher or administrator is suspended or resigns while an investigation is
pending under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5); 122A.41,
subdivisions 6, clauses (1)
, (2), and (3), and 7; or 626.556, or when a teacher or administrator
is suspended without an investigation under section 122A.41, subdivisions 6, paragraph (a),
clauses (1), (2), and (3), and 7; or 626.556. The report must be made to the appropriate
licensing board within ten days after the discharge, suspension, or resignation has occurred.
The licensing board to which the report is made must investigate the report for violation of
subdivision 1 and the reporting board must cooperate in the investigation. Notwithstanding
any provision in chapter 13 or any law to the contrary, upon written request from the licensing
board having jurisdiction over the license, a board or school superintendent deleted text beginshalldeleted text endnew text begin mustnew text end
provide the licensing board with information about the teacher or administrator from the
district's files, any termination or disciplinary proceeding, any settlement or compromise,
or any investigative file. Upon written request from the appropriate licensing board, a board
or school superintendent may, at the discretion of the board or school superintendent, solicit
the written consent of a student and the student's parent to provide the licensing board with
information that may aid the licensing board in its investigation and license proceedings.
The licensing board's request need not identify a student or parent by name. The consent
of the student and the student's parent must meet the requirements of chapter 13 and Code
of Federal Regulations, title 34, section 99.30. The licensing board may provide a consent
form to the district. Any data transmitted to any board under this section is private data
under section 13.02, subdivision 12, notwithstanding any other classification of the data
when it was in the possession of any other agency.

(b) The licensing board to which a report is made must transmit to the Attorney General's
Office any record or data it receives under this subdivision for the sole purpose of having
the Attorney General's Office assist that board in its investigation. When the Attorney
General's Office has informed an employee of the appropriate licensing board in writing
that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
must consider suspending or revoking or decline to suspend or revoke the teacher's or
administrator's license within 45 days of receiving a stipulation executed by the teacher or
administrator under investigation or a recommendation from an administrative law judge
that disciplinary action be taken.

(c) The Professional Educator Licensing and Standards Board and Board of School
Administrators must report to the appropriate law enforcement authorities a revocation,
suspension, or agreement involving a loss of license, relating to a teacher or administrator's
inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement
authority" means a police department, county sheriff, or tribal police department. A report
by the Professional Educator Licensing and Standards Board new text beginor the Board of School
Administrators
new text endto appropriate law enforcement authorities does not diminish, modify, or
otherwise affect the responsibilities of a new text beginlicensing board, new text endschool boardnew text begin,new text end or any person
mandated to report abuse under section 626.556.

new text begin (d) The Professional Educator Licensing and Standards Board and Board of School
Administrators must, immediately upon receiving information that gives the board reason
to believe a child has at any time been neglected or physically or sexually abused, as defined
in section 626.556, subdivision 2, report the information to:
new text end

new text begin (1) the local welfare agency, agency responsible for assessing or investigating the report,
or tribal social services agency; and
new text end

new text begin (2) the police department, county sheriff, or tribal police department.
new text end

new text begin A report under this paragraph does not diminish, modify, or otherwise affect the
responsibilities of a licensing board under section 626.556.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2017 Supplement, section 122A.40, subdivision 13, is amended
to read:


Subd. 13.

Immediate discharge.

(a) Except as otherwise provided in paragraph (b), a
board may discharge a continuing-contract teacher, effective immediately, upon any of the
following grounds:

(1) immoral conduct, insubordination, or conviction of a felony;

(2) conduct unbecoming a teacher which requires the immediate removal of the teacher
from classroom or other duties;

(3) failure without justifiable cause to teach without first securing the written release of
the school board;

(4) gross inefficiency which the teacher has failed to correct after reasonable written
notice;

(5) willful neglect of duty; or

(6) continuing physical or mental disability subsequent to a 12 months leave of absence
and inability to qualify for reinstatement in accordance with subdivision 12.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

Prior to discharging a teacher under this paragraph, the board must notify the teacher in
writing and state its ground for the proposed discharge in reasonable detail. Within ten days
after receipt of this notification the teacher may make a written request for a hearing before
the board and it deleted text beginshalldeleted text endnew text begin mustnew text end be granted before final action is taken. The board may suspend
a teacher with pay pending the conclusion of the hearing and determination of the issues
raised in the hearing after charges have been filed which constitute ground for discharge.
If a teacher has been charged with a felony and the underlying conduct that is the subject
of the felony charge is a ground for a proposed immediate discharge, the suspension pending
the conclusion of the hearing and determination of the issues may be without pay. If a
hearing under this paragraph is held, the board must reimburse the teacher for any salary
or compensation withheld if the final decision of the board or the arbitrator does not result
in a penalty to or suspension, termination, or discharge of the teacher.

(b) A board must discharge a continuing-contract teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction fornew text begin:
new text end

new text begin (1) new text endchild abuse, as defined in section 609.185;

new text begin (2)new text end sex trafficking in the first degree under section 609.322, subdivision 1;

new text begin (3)new text end sex trafficking in the second degree under section 609.322, subdivision 1a;

new text begin (4)new text end engaging in hiring or agreeing to hire a minor to engage in prostitution under section
609.324, deleted text beginsubdivisiondeleted text endnew text begin subdivisionsnew text end 1new text begin, 1a, and 2new text end;

new text begin (5) new text endnew text begincriminal new text endsexual deleted text beginabusedeleted text end new text beginconduct new text endunder section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3deleted text begin, or deleted text enddeleted text begin617.23, subdivision 3deleted text end;

new text begin (6) indecent exposure under section 617.23, subdivision 3;
new text end

new text begin (7)new text end solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352;

new text begin (8)new text end interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minor;

new text begin (9)new text end using minors in a sexual performance under section 617.246;

new text begin (10)new text end possessing pornographic works involving a minor under section 617.247; deleted text beginor
deleted text end

new text begin (11)new text end any other offense not listed in this paragraph that requires the person to register as
a predatory offender under section 243.166, or a crime under a similar law of another state
or the United Statesnew text begin; or
new text end

new text begin (12) any other offense not listed in this paragraph that requires notice of a licensing
action to the district in accordance with section 122A.20, subdivision 1, paragraph (b)
new text end.

(c) When a teacher is discharged under paragraph (b) or when the commissioner makes
a final determination of child maltreatment involving a teacher under section 626.556,
subdivision 11
, the school principal or other person having administrative control of the
school must include in the teacher's employment record the information contained in the
record of the disciplinary action or the final maltreatment determination, consistent with
the definition of public data under section 13.41, subdivision 5, and must provide the
Professional Educator Licensing and Standards Board deleted text beginand the licensing division at the
department
deleted text end with the necessary and relevant information to enable the Professional Educator
Licensing and Standards Board deleted text beginand the department's licensing divisiondeleted text end to fulfill deleted text begintheirdeleted text endnew text begin itsnew text end
statutory and administrative duties related to issuing, renewing, suspending, or revoking a
teacher's license. Information received by the Professional Educator Licensing and Standards
Board deleted text beginor the licensing division at the departmentdeleted text end under this paragraph is governed by section
13.41 or other applicable law governing data of the receiving entity. In addition to the
background check required under section 123B.03, a school board or other school hiring
authority must contact the Professional Educator Licensing and Standards Board and the
department to determine whether the teacher's license has been suspended or revoked,
consistent with the discharge and final maltreatment determinations identified in this
paragraph. Unless restricted by federal or state data practices law or by the terms of a
collective bargaining agreement, the responsible authority for a school district must
disseminate to another school district private personnel data on a current or former teacher
employee or contractor of the district, including the results of background investigations,
if the requesting school district seeks the information because the subject of the data has
applied for employment with the requesting school district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2017 Supplement, section 122A.41, subdivision 6, is amended
to read:


Subd. 6.

Grounds for discharge or demotion.

(a) Except as otherwise provided in
paragraph (b), causes for the discharge or demotion of a teacher either during or after the
probationary period must be:

(1) immoral character, conduct unbecoming a teacher, or insubordination;

(2) failure without justifiable cause to teach without first securing the written release of
the school board having the care, management, or control of the school in which the teacher
is employed;

(3) inefficiency in teaching or in the management of a school, consistent with subdivision
5, paragraph (b);

(4) affliction with a communicable disease must be considered as cause for removal or
suspension while the teacher is suffering from such disability; or

(5) discontinuance of position or lack of pupils.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

(b) A probationary or continuing-contract teacher must be discharged immediately upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction fornew text begin:
new text end

new text begin (1)new text end child abuse, as defined in section 609.185;

new text begin (2)new text end sex trafficking in the first degree under section 609.322, subdivision 1;

new text begin (3)new text end sex trafficking in the second degree under section 609.322, subdivision 1a;

new text begin (4)new text end engaging in hiring or agreeing to hire a minor to engage in prostitution under section
609.324, deleted text beginsubdivisiondeleted text endnew text begin subdivisionsnew text end 1new text begin, 1a, and 2new text end;

new text begin (5) new text endnew text begincriminal new text endsexual deleted text beginabusedeleted text end new text beginconduct new text endunder section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3deleted text begin, or deleted text endnew text begin;
new text end

new text begin (6) indecent exposure under section new text end617.23, subdivision 3;

new text begin (7)new text end solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352;

new text begin (8)new text end interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minor;

new text begin (9)new text end using minors in a sexual performance under section 617.246;

new text begin (10)new text end possessing pornographic works involving a minor under section 617.247; deleted text beginor
deleted text end

new text begin (11)new text end any other offense not listed in this paragraph that requires the person to register as
a predatory offender under section 243.166, or a crime under a similar law of another state
or the United Statesnew text begin; or
new text end

new text begin (12) any other offense not listed in this paragraph that requires notice of a licensing
action to the district in accordance with section 122A.20, subdivision 1, paragraph (b)
new text end.

(c) When a teacher is discharged under paragraph (b) or when the commissioner makes
a final determination of child maltreatment involving a teacher under section 626.556,
subdivision 11
, the school principal or other person having administrative control of the
school must include in the teacher's employment record the information contained in the
record of the disciplinary action or the final maltreatment determination, consistent with
the definition of public data under section 13.41, subdivision 5, and must provide the
Professional Educator Licensing and Standards Board deleted text beginand the licensing division at the
department
deleted text end with the necessary and relevant information to enable the Professional Educator
Licensing and Standards Board deleted text beginand the department's licensing divisiondeleted text end to fulfill deleted text begintheirdeleted text endnew text begin itsnew text end
statutory and administrative duties related to issuing, renewing, suspending, or revoking a
teacher's license. Information received by the Professional Educator Licensing and Standards
Board deleted text beginor the licensing division at the departmentdeleted text end under this paragraph is governed by section
13.41 or other applicable law governing data of the receiving entity. In addition to the
background check required under section 123B.03, a school board or other school hiring
authority must contact the Professional Educator Licensing and Standards Board and the
department to determine whether the teacher's license has been suspended or revoked,
consistent with the discharge and final maltreatment determinations identified in this
paragraph. Unless restricted by federal or state data practices law or by the terms of a
collective bargaining agreement, the responsible authority for a school district must
disseminate to another school district private personnel data on a current or former teacher
employee or contractor of the district, including the results of background investigations,
if the requesting school district seeks the information because the subject of the data has
applied for employment with the requesting school district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2016, section 122A.42, is amended to read:


122A.42 GENERAL CONTROL OF SCHOOLS.

(a) The teacher of record shall have the general control and government of the school
and classroom. When more than one teacher is employed in any district, one of the teachers
may be designated by the board as principal and shall have the general control and
supervision of the schools of the district, subject to the general supervisory control of the
board and other officers.

(b) Consistent with paragraph (a), the teacher may remove students from class under
section 121A.61, subdivision 2, for violent or disruptive conduct.new text begin A school district must
include notice of a teacher's authority under this paragraph in a teacher handbook, school
policy guide, or other similar communication.
new text end

Sec. 12.

Minnesota Statutes 2016, section 122A.71, subdivision 2, is amended to read:


Subd. 2.

Responsibility.

deleted text beginBy July 1, 1989,deleted text end The deleted text beginBoard of Teachingdeleted text endnew text begin Professional Educator
Licensing and Standards Board
new text end must deleted text beginbegin todeleted text end evaluate the effectiveness of prebaccalaureate,
postbaccalaureate, and other alternative program structures for preparing candidates for
entrance into the teaching profession. The evaluation deleted text beginshalldeleted text endnew text begin mustnew text end be conducted by independent
research centers or evaluators who are not associated with a Minnesota teacher education
institution and deleted text beginshalldeleted text endnew text begin mustnew text end be longitudinal in nature.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2017 Supplement, section 123B.03, subdivision 1, is amended
to read:


Subdivision 1.

Background check required.

(a) A school hiring authority deleted text beginshalldeleted text endnew text begin mustnew text end
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals who are offered employment in a school and on
all individuals, except enrolled student volunteers, who are offered the opportunity to provide
athletic coaching services or other extracurricular academic coaching services to a school,
regardless of whether any compensation is paid. In order for an individual to be eligible for
employment or to provide the services, the individual must provide an executed criminal
history consent form and a money order or check payable to either the Bureau of Criminal
Apprehension or the school hiring authority, at the discretion of the school hiring authority,
in an amount equal to the actual cost to the Bureau of Criminal Apprehension and the school
district of conducting the criminal history background check. A school hiring authority
deciding to receive payment may, at its discretion, accept payment in the form of a negotiable
instrument other than a money order or check and shall pay the superintendent of the Bureau
of Criminal Apprehension directly to conduct the background check. The superintendent
of the Bureau of Criminal Apprehension shall conduct the background check by retrieving
criminal history data as defined in section 13.87. A school hiring authority, at its discretion,
may decide not to request a criminal history background check on an individual who holds
an initial entrance license issued by the Professional Educator Licensing and Standards
Board or the commissioner of education within the 12 months preceding an offer of
employment.

(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:

(1) the results of the criminal background check are on file with the other school hiring
authority or otherwise accessible;

(2) the other school hiring authority conducted a criminal background check within the
previous 12 months;

(3) the individual who is the subject of the criminal background check executes a written
consent form giving a school hiring authority access to the results of the check; and

(4) there is no reason to believe that the individual has committed an act subsequent to
the check that would disqualify the individual for employment.

(c) A school hiring authority may, at its discretion, request a criminal history background
check from the superintendent of the Bureau of Criminal Apprehension on any individual
who seeks to enter a school or its grounds for the purpose of serving as a school volunteer
or working as an independent contractor or student employee. In order for an individual to
enter a school or its grounds under this paragraph when the school hiring authority decides
to request a criminal history background check on the individual, the individual first must
provide an executed criminal history consent form and a money order, check, or other
negotiable instrument payable to the school district in an amount equal to the actual cost to
the Bureau of Criminal Apprehension and the school district of conducting the criminal
history background check. Notwithstanding section 299C.62, subdivision 1, the cost of the
criminal history background check under this paragraph is the responsibility of the individual
unless a school hiring authority decides to pay the costs of conducting a background check
under this paragraph. If the school hiring authority pays the costs, the individual who is the
subject of the background check need not pay for it.

new text begin (d) In addition to the initial background check required for all individuals offered
employment in accordance with paragraph (a), a school hiring authority must request a new
criminal history background check from the superintendent of the Bureau of Criminal
Apprehension on all employees every five years. Notwithstanding any law to the contrary,
in order for an individual to be eligible for continued employment, an individual must
provide an executed criminal history consent form and a money order or check payable to
either the Bureau of Criminal Apprehension or the school hiring authority, at the discretion
of the school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal
Apprehension and the school district of conducting the criminal history background check.
A school hiring authority deciding to receive payment may, at its discretion, accept payment
in the form of a negotiable instrument other than a money order or check and shall pay the
superintendent of the Bureau of Criminal Apprehension directly to conduct the background
check. A school hiring authority, at its discretion, may decide not to request a criminal
history background check on an employee who provides the hiring authority with a copy
of the results of a criminal history background check conducted within the previous 60
months. A school hiring authority may, at its discretion, decide to pay the costs of conducting
a background check under this paragraph.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end For all nonstate residents who are offered employment in a school, a school hiring
authority shall request a criminal history background check on such individuals from the
superintendent of the Bureau of Criminal Apprehension and from the government agency
performing the same function in the resident state or, if no government entity performs the
same function in the resident state, from the Federal Bureau of Investigation. Such individuals
must provide an executed criminal history consent form and a money order, check, or other
negotiable instrument payable to the school hiring authority in an amount equal to the actual
cost to the government agencies and the school district of conducting the criminal history
background check. Notwithstanding section 299C.62, subdivision 1, the cost of the criminal
history background check under this paragraph is the responsibility of the individual.

deleted text begin (e)deleted text endnew text begin (f)new text end At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. The
school hiring authority may include the notice in the student handbook, a school policy
guide, or other similar communication. Nothing in this paragraph affects a school hiring
authority's ability to request a criminal history background check on an individual under
paragraph (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 14.

Minnesota Statutes 2017 Supplement, section 123B.03, subdivision 2, is amended
to read:


Subd. 2.

Effect of background check or Professional Educator Licensing and
Standards Board action.

(a) deleted text beginA school hiring authority may hire or otherwise allow an
individual to provide a service to a school pending completion of a background check under
subdivision 1 or obtaining notice of a Professional Educator Licensing and Standards Board
action under subdivision 1a but shall notify the individual that the individual's employment
or other service may be terminated based on the result of the background check or
Professional Educator Licensing and Standards Board action.
deleted text end A school hiring authority is
not liable for failing to hire or for terminating an individual's employment or other service
based on the result of a background check or Professional Educator Licensing and Standards
Board action under this section.

(b) For purposes of this paragraph, a school hiring authority must inform an individual
if the individual's application to be an employee or volunteer in the district has been denied
as a result of a background check conducted under this section. The school hiring authority
must also inform an individual who is a current employee or volunteer if the individual's
employment or volunteer status in the district is being terminated as a result of a background
check conducted under subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2016, section 299C.17, is amended to read:


299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall require the court administrator of every court deleted text beginwhichdeleted text endnew text begin that (1)new text end
sentences a defendant for a felony, gross misdemeanor, or targeted misdemeanornew text begin, or (2)
grants a stay of adjudication pursuant to section 609.095, paragraph (b), clause (2), for an
offense that, if convicted of, would require predatory offender registration under section
243.166,
new text end to electronically transmit within 24 hours of the disposition of the case a report,
in a form prescribed by the superintendent providing information required by the
superintendent with regard to the prosecution and disposition of criminal cases. A copy of
the report shall be kept on file in the office of the court administrator.

Sec. 16.

new text begin [299C.77] BACKGROUND CHECKS; ADDITIONAL DISCLOSURE.
new text end

new text begin The superintendent shall disclose to each applicant for a statutorily mandated or
authorized background check or background study all records of stays of adjudication
granted to the subject of the background check or background study that the superintendent
receives pursuant to section 299C.17, clause (2). The data required to be disclosed under
this section is in addition to other data on the subject of the background check or background
study that the superintendent is mandated to disclose.
new text end

Sec. 17.

Minnesota Statutes 2016, section 609.095, is amended to read:


609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence or
punishment shall be imposed for the commission of a crime than is authorized by this chapter
or other applicable law.

(b) Except as provided innew text begin:
new text end

new text begin (1)new text end section 152.18 or 609.375deleted text begin,deleted text endnew text begin;new text end or

new text begin (2)new text end upon agreement of the parties, a court may not refuse to adjudicate the guilt of a
defendant who tenders a guilty plea in accordance with Minnesota Rules of Criminal
Procedure, rule 15, or who has been found guilty by a court or jury following a trial.

new text begin A stay of adjudication granted under clause (2) must be reported to the superintendent of
the Bureau of Criminal Apprehension pursuant to section 299C.17.
new text end

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

Sec. 18.

Minnesota Statutes 2017 Supplement, section 626.556, subdivision 3, is amended
to read:


Subd. 3.

Persons mandated to report; persons voluntarily reporting.

(a) A person
who knows or has reason to believe a child is being neglected or physically or sexually
abused, as defined in subdivision 2, or has been neglected or physically or sexually abused
within the preceding three years, shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department,
county sheriff, tribal social services agency, or tribal police department if the person is:

(1) a professional or professional's delegate who is engaged in the practice of the healing
arts, social services, hospital administration, psychological or psychiatric treatment, child
care, education, correctional supervision, probation and correctional services, or law
enforcement; deleted text beginor
deleted text end

(2) employed as a member of the clergy and received the information while engaged in
ministerial duties, provided that a member of the clergy is not required by this subdivision
to report information that is otherwise privileged under section 595.02, subdivision 1,
paragraph (c)deleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) a member of a board or other entity whose licensees perform work within a school
facility.
new text end

(b) Any person may voluntarily report to the local welfare agency, agency responsible
for assessing or investigating the report, police department, county sheriff, tribal social
services agency, or tribal police department if the person knows, has reason to believe, or
suspects a child is being or has been neglected or subjected to physical or sexual abuse.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for licensing
or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16;
or chapter 144H, 245D, or 245H; or a nonlicensed personal care provider organization as
defined in section 256B.0625, subdivision 19a. A health or corrections agency receiving a
report may request the local welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees perform work within a school
facility, upon receiving a complaint of alleged maltreatment, shall provide information about
the circumstances of the alleged maltreatment to the commissioner of education. Section
13.03, subdivision 4, applies to data received by the commissioner of education from a
licensing entity.

(d) Notification requirements under subdivision 10 apply to all reports received under
this section.

(e) For purposes of this section, "immediately" means as soon as possible but in no event
longer than 24 hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2016, section 626.556, subdivision 10, is amended to read:


Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report; mandatory notification between police or sheriff and agency.

(a) The
police department or the county sheriff shall immediately notify the local welfare agency
or agency responsible for child protection reports under this section orally and in writing
when a report is received. The local welfare agency or agency responsible for child protection
reports shall immediately notify the local police department or the county sheriff orally and
in writing when a report is received. The county sheriff and the head of every local welfare
agency, agency responsible for child protection reports, and police department shall each
designate a person within their agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph are carried out. When the alleged maltreatment
occurred on tribal land, the local welfare agency or agency responsible for child protection
reports and the local police department or the county sheriff shall immediately notify the
tribe's social services agency and tribal law enforcement orally and in writing when a report
is received.new text begin When a police department or county sheriff receives a report or otherwise has
information indicating that a child has been the subject of physical abuse, sexual abuse, or
neglect by a person licensed by the Professional Educator Licensing and Standards Board
or Board of School Administrators, it shall, in addition to its other duties under this section,
immediately inform the licensing board.
new text end

(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct
a family assessment or an investigation as appropriate to prevent or provide a remedy for
child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving sexual abuse or substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that sexual abuse or
substantial child endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege sexual abuse or
substantial child endangerment. In determining that a family assessment is appropriate, the
local welfare agency may consider issues of child safety, parental cooperation, and the need
for an immediate response;

(4) may conduct a family assessment on a report that was initially screened and assigned
for an investigation. In determining that a complete investigation is not required, the local
welfare agency must document the reason for terminating the investigation and notify the
local law enforcement agency if the local law enforcement agency is conducting a joint
investigation; and

(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an
Indian child's tribe when the agency has reason to believe the family assessment or
investigation may involve an Indian child. For purposes of this clause, "immediate notice"
means notice provided within 24 hours.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or
individual functioning within the family unit as a person responsible for the child's care, or
sexual abuse by a person with a significant relationship to the child when that person resides
in the child's household or by a sibling, the local welfare agency shall immediately conduct
a family assessment or investigation as identified in clauses (1) to (4). In conducting a family
assessment or investigation, the local welfare agency shall gather information on the existence
of substance abuse and domestic violence and offer services for purposes of preventing
future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected
minor, and supporting and preserving family life whenever possible. If the report alleges a
violation of a criminal statute involving sexual abuse, physical abuse, or neglect or
endangerment, under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of its investigation or assessment.
In cases of alleged child maltreatment resulting in death, the local agency may rely on the
fact-finding efforts of a law enforcement investigation to make a determination of whether
or not maltreatment occurred. When necessary the local welfare agency shall seek authority
to remove the child from the custody of a parent, guardian, or adult with whom the child is
living. In performing any of these duties, the local welfare agency shall maintain appropriate
records.

If the family assessment or investigation indicates there is a potential for abuse of alcohol
or other drugs by the parent, guardian, or person responsible for the child's care, the local
welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part
9530.6615.

(c) When a local agency receives a report or otherwise has information indicating that
a child who is a client, as defined in section 245.91, has been the subject of physical abuse,
sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it
shall, in addition to its other duties under this section, immediately inform the ombudsman
established under sections 245.91 to 245.97. The commissioner of education shall inform
the ombudsman established under sections 245.91 to 245.97 of reports regarding a child
defined as a client in section 245.91 that maltreatment occurred at a school as defined in
section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.

(d) Authority of the local welfare agency responsible for assessing or investigating the
child abuse or neglect report, the agency responsible for assessing or investigating the report,
and of the local law enforcement agency for investigating the alleged abuse or neglect
includes, but is not limited to, authority to interview, without parental consent, the alleged
victim and any other minors who currently reside with or who have resided with the alleged
offender. The interview may take place at school or at any facility or other place where the
alleged victim or other minors might be found or the child may be transported to, and the
interview conducted at, a place appropriate for the interview of a child designated by the
local welfare agency or law enforcement agency. The interview may take place outside the
presence of the alleged offender or parent, legal custodian, guardian, or school official. For
family assessments, it is the preferred practice to request a parent or guardian's permission
to interview the child prior to conducting the child interview, unless doing so would
compromise the safety assessment. Except as provided in this paragraph, the parent, legal
custodian, or guardian shall be notified by the responsible local welfare or law enforcement
agency no later than the conclusion of the investigation or assessment that this interview
has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile
Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare
agency, order that, where reasonable cause exists, the agency withhold notification of this
interview from the parent, legal custodian, or guardian. If the interview took place or is to
take place on school property, the order shall specify that school officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification of intent to interview
the child on school property, as provided under this paragraph, and any other related
information regarding the interview that may be a part of the child's school record. A copy
of the order shall be sent by the local welfare or law enforcement agency to the appropriate
school official.

(e) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification shall
include the name of the child to be interviewed, the purpose of the interview, and a reference
to the statutory authority to conduct an interview on school property. For interviews
conducted by the local welfare agency, the notification shall be signed by the chair of the
local social services agency or the chair's designee. The notification shall be private data
on individuals subject to the provisions of this paragraph. School officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification or any other related
information regarding the interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been concluded, unless a school
employee or agent is alleged to have maltreated the child. Until that time, the local welfare
or law enforcement agency or the agency responsible for assessing or investigating a report
of maltreatment shall be solely responsible for any disclosures regarding the nature of the
assessment or investigation.

Except where the alleged offender is believed to be a school official or employee, the
time and place, and manner of the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement agency shall have the exclusive
authority to determine who may attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be reasonable and the interview
shall be conducted not more than 24 hours after the receipt of the notification unless another
time is considered necessary by agreement between the school officials and the local welfare
or law enforcement agency. Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply. Every effort must be made
to reduce the disruption of the educational program of the child, other students, or school
staff when an interview is conducted on school premises.

(f) Where the alleged offender or a person responsible for the care of the alleged victim
or other minor prevents access to the victim or other minor by the local welfare agency, the
juvenile court may order the parents, legal custodian, or guardian to produce the alleged
victim or other minor for questioning by the local welfare agency or the local law
enforcement agency outside the presence of the alleged offender or any person responsible
for the child's care at reasonable places and times as specified by court order.

(g) Before making an order under paragraph (f), the court shall issue an order to show
cause, either upon its own motion or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the hearing. The order to show cause
shall be served personally and shall be heard in the same manner as provided in other cases
in the juvenile court. The court shall consider the need for appointment of a guardian ad
litem to protect the best interests of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.

(h) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(i) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety, risk
of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information to
ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person reporting
the alleged maltreatment, including the nature of the reporter's relationship to the child and
to the alleged offender, and the basis of the reporter's knowledge for the report; the child
allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged maltreatment. The local welfare
agency or the agency responsible for investigating the report may make a determination of
no maltreatment early in an investigation, and close the case and retain immunity, if the
collected information shows no basis for a full investigation.

Information relevant to the assessment or investigation must be asked for, and may
include:

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law enforcement
agency, or the agency responsible for assessing or investigating the report from collecting
other relevant information necessary to conduct the assessment or investigation.
Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access
to medical data and records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data acquired by the local welfare
agency or the agency responsible for assessing or investigating the report during the course
of the assessment or investigation are private data on individuals and must be maintained
in accordance with subdivision 11. Data of the commissioner of education collected or
maintained during and for the purpose of an investigation of alleged maltreatment in a school
are governed by this section, notwithstanding the data's classification as educational,
licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined in
subdivision 2, paragraph (c), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact
with the child reported to be maltreated and with the child's primary caregiver sufficient to
complete a safety assessment and ensure the immediate safety of the child. The face-to-face
contact with the child and primary caregiver shall occur immediately if sexual abuse or
substantial child endangerment is alleged and within five calendar days for all other reports.
If the alleged offender was not already interviewed as the primary caregiver, the local welfare
agency shall also conduct a face-to-face interview with the alleged offender in the early
stages of the assessment or investigation. At the initial contact, the local child welfare agency
or the agency responsible for assessing or investigating the report must inform the alleged
offender of the complaints or allegations made against the individual in a manner consistent
with laws protecting the rights of the person who made the report. The interview with the
alleged offender may be postponed if it would jeopardize an active law enforcement
investigation.

(k) When conducting an investigation, the local welfare agency shall use a question and
answer interviewing format with questioning as nondirective as possible to elicit spontaneous
responses. For investigations only, the following interviewing methods and procedures must
be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the
alleged victim and child witnesses.

(l) In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (c), the commissioner of education shall collect available and
relevant information and use the procedures in paragraphs (j) and (k), and subdivision 3d,
except that the requirement for face-to-face observation of the child and face-to-face interview
of the alleged offender is to occur in the initial stages of the assessment or investigation
provided that the commissioner may also base the assessment or investigation on investigative
reports and data received from the school facility and local law enforcement, to the extent
those investigations satisfy the requirements of paragraphs (j) and (k), and subdivision 3d.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2017 Supplement, section 626.556, subdivision 10e, is amended
to read:


Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt of
the report.

(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed. No determination of maltreatment shall be made when the
alleged perpetrator is a child under the age of ten.

(d) If the commissioner of education conducts an assessment or investigation, the
commissioner shall determine whether maltreatment occurred and what corrective or
protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school board,
and any appropriate licensing entity the determination that maltreatment occurred and what
corrective or protective action was taken by the school facility. In all other cases, the
commissioner shall inform the school board or employernew text begin and any appropriate licensing
entity
new text end that a report was received, the subject of the report, the date of the initial report, the
category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was
not determined, and a summary of the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility, the
investigating agency shall also determine whether the facility or individual was responsible,
or whether both the facility and the individual were responsible for the maltreatment using
the mitigating factors in paragraph (i). Determinations under this subdivision must be made
based on a preponderance of the evidence and are private data on individuals or nonpublic
data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following acts
or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (k);

(2) neglect as defined in subdivision 2, paragraph (g);

(3) sexual abuse as defined in subdivision 2, paragraph (n);

(4) mental injury as defined in subdivision 2, paragraph (f); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (c).

(g) For the purposes of this subdivision, a determination that child protective services
are needed means that the local welfare agency has documented conditions during the
assessment or investigation sufficient to cause a child protection worker, as defined in
section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment
if protective intervention is not provided and that the individuals responsible for the child's
care have not taken or are not likely to take actions to protect the child from maltreatment
or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred 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. However, if lack of medical care may result in serious
danger to the child's health, the local welfare agency may ensure that necessary medical
services are provided to the child.

(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and requirements
placed upon an employee, including the facility's compliance with related regulatory standards
and the adequacy of facility policies and procedures, facility training, an individual's
participation in the training, the caregiver's supervision, and facility staffing levels and the
scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

The evaluation of the facility's responsibility under clause (2) must not be based on the
completeness of the risk assessment or risk reduction plan required under section 245A.66,
but must be based on the facility's compliance with the regulatory standards for policies
and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota
Rules.

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license or certification holder, both the
individual and the facility must be determined responsible for the maltreatment, and both
the background study disqualification standards under section 245C.15, subdivision 4, and
the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 245H.07
apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2016, section 631.40, subdivision 1a, is amended to read:


Subd. 1a.

Certified copy of disqualifying offense convictions sent to public safety
and school districts.

When a person is convicted of committing a disqualifying offense,
as defined in section 171.3215, subdivision 1, a gross misdemeanor, a fourth moving violation
within the previous three years, or a violation of section 169A.20, or a similar statute or
ordinance from another state, new text beginor if the person received a stay of adjudication for an offense
that, if convicted of, would require predatory offender registration under section 243.166,
new text end
the court shall determine whether the offender is a school bus driver as defined in section
171.3215, subdivision 1, whether the offender possesses a school bus driver's endorsement
on the offender's driver's license and in what school districts the offender drives a school
bus. If the offender is a school bus driver or possesses a school bus driver's endorsement,
the court administrator shall send a certified copy of the conviction new text beginor stay of adjudication
new text end to the Department of Public Safety and to the school districts in which the offender drives
a school bus within ten days after the convictionnew text begin or stay of adjudicationnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22.

Laws 2017, First Special Session chapter 5, article 3, section 3, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 23.

Laws 2017, First Special Session chapter 5, article 3, section 4, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 24.

Laws 2017, First Special Session chapter 5, article 3, section 5, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 25.

Laws 2017, First Special Session chapter 5, article 3, section 6, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 26.

Laws 2017, First Special Session chapter 5, article 3, section 7, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 27.

Laws 2017, First Special Session chapter 5, article 3, section 8, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 28.

Laws 2017, First Special Session chapter 5, article 3, section 9, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 29.

Laws 2017, First Special Session chapter 5, article 3, section 10, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 30.

Laws 2017, First Special Session chapter 5, article 3, section 11, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 31.

Laws 2017, First Special Session chapter 5, article 3, section 12, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 32.

Laws 2017, First Special Session chapter 5, article 3, section 13, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 33.

Laws 2017, First Special Session chapter 5, article 3, section 14, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 34.

Laws 2017, First Special Session chapter 5, article 3, section 15, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 35.

Laws 2017, First Special Session chapter 5, article 3, section 16, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 36.

Laws 2017, First Special Session chapter 5, article 3, section 36, is amended to
read:


Sec. 36. REPEALER.

(a) Minnesota Statutes 2016, sections 122A.14, subdivision 5; and 122A.162, are repealed
effective January 1, 2018.

(b) Minnesota Statutes 2016, sections 122A.163; 122A.18, subdivisions 2a, 3, 3a, 4, 4a,
6, 7, and 7b; 122A.21, subdivision 2; 122A.23, subdivisions 1 and 2; 122A.245; and 122A.25,
are repealed effective deleted text beginJulydeleted text endnew text begin Octobernew text end 1, 2018.

Sec. 37. new text beginSURVEY OF TEACHER PREPARATION PROGRAMS.
new text end

new text begin The Professional Educator Licensing and Standards Board must survey board-approved
teacher preparation programs for teachers of elementary education, early childhood education,
special education, and reading intervention to determine the extent of dyslexia instruction
offered by the programs. The board may consult with the dyslexia specialist at the Department
of Education when developing the survey and reviewing the teacher preparation program
responses. The board must report its findings to the chairs and ranking minority members
of the legislative committees having jurisdiction over kindergarten through grade 12
education policy and finance by January 2, 2019. The report must include information on
teacher preparation program instruction on screening for characteristics of dyslexia,
evidence-based instructional strategies for students showing characteristics of dyslexia, and
best practices for assisting students showing characteristics of dyslexia and their families.
The report must be submitted in accordance with Minnesota Statutes, section 3.195.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 38. new text beginTIERED LICENSURE RULES.
new text end

new text begin If the Professional Educator Licensing and Standards Board has not adopted tiered
licensure rules by October 1, 2018, the board must adopt in rule sections 39 to 56, which
expire upon the adoption of the tiered licensure rules. The board must adopt the rules required
by this section using the good cause exemption under Minnesota Statutes, section 14.388,
no later than October 1, 2018.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 39. new text beginDEFINITIONS AND GENERAL RULES FOR TEACHING LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of sections 40 to 47, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Assignment" means the course or courses taught in a school for which students are
granted credit.
new text end

new text begin (c) "Board" means the Professional Educator Licensing and Standards Board.
new text end

new text begin (d) "District" means a school district or a charter school.
new text end

new text begin (e) "Field specific methods" means differentiated instructional strategies targeting content
and pedagogy for a singular licensure area to enable student learning.
new text end

new text begin (f) "Good cause" means an applicant is unable to meet the requirements of a higher
licensure tier due to the lack of a reasonable path to a higher licensure tier or the path to a
higher licensure tier causes an undue burden on the applicant, as approved or denied by the
board.
new text end

new text begin (g) "Innovative program" means a school within a district that is either a state-approved
area learning center or alternative learning program or provides a school board resolution
designating the school as an innovative program, including the reason for the designation.
new text end

new text begin (h) "Licensure area" or "licensure field" means the content taught for which standards
have been adopted in Minnesota Rules.
new text end

new text begin (i) "Professional license from another state" means a teaching license from a state other
than Minnesota that allows the individual to be a teacher of record.
new text end

new text begin (j) "Related services teacher" means a teacher who holds a license issued by the board
consistent with Minnesota Statutes, section 122A.06, subdivision 2, and who meets the
requirements for a license issued pursuant to sections 50 to 54 and Minnesota Rules, parts
8710.6000 to 8710.6400.
new text end

new text begin (k) "Student teaching" means a minimum of 12 weeks when an individual enrolled in a
teacher preparation program assumes teacher responsibilities while working with a
cooperating teacher who holds a Tier 3 or 4 license or a professional license from another
state in the subject area and a provider supervisor to practice and demonstrate the necessary
development of the individual's knowledge, skills, and dispositions to become a teacher. A
student teaching experience includes observation, feedback, and evaluation from the
cooperating teacher and provider supervisor.
new text end

new text begin (l) "Teacher of record" means an individual who is responsible for the planning,
instruction, and assessment of students in a classroom and authorized to grant students credit
for meeting standards attributed to the content taught, or is part of a co-teaching assignment.
new text end

new text begin (m) "Teacher preparation program" means a program approved by the board or the state
where the program resides that trains candidates in educational pedagogy and content-specific
pedagogy for any subset of the scope of licensure for students from birth to 21 years of age.
new text end

new text begin (n) "Teaching license" or "teacher license" means a license that permits an individual
to be teacher of record. This includes Tier 1, Tier 2, Tier 3, and Tier 4 licenses issued under
sections 40 to 43.
new text end

new text begin Subd. 2. new text end

new text begin Teaching licenses, in general. new text end

new text begin (a) Teaching licenses must be granted by the
board to applicants who meet all requirements of applicable statutes and rules.
new text end

new text begin (b) An applicant must qualify separately for each licensure area for which an application
is made.
new text end

new text begin (c) A license becomes valid on the date issued by the board and expires on June 30 of
the expiration year. A Tier 1 or Tier 2 license, out-of-field permission, or innovative program
permission can be used until September 1 after the date of expiration if the placement is in
a summer school program at the district aligned to the license or is part of a year-round
school at the district aligned to the licensure area.
new text end

new text begin (d) The board must request a criminal history background check be performed by the
Bureau of Criminal Apprehension consistent with Minnesota Statutes, section 122A.18,
subdivision 8, upon an individual applying for a teaching license or substitute license for
the first time. Upon renewal of a teaching license, permission, or substitute license, the
board must perform a new background check on the license holder that includes a review
for national arrests, charges, and convictions if a background check has not been completed
on the license holder within the last five years.
new text end

new text begin Subd. 3. new text end

new text begin Addition to a Tier 3 or 4 license. new text end

new text begin When a licensure area is added to a Tier 3
or 4 license issued under sections 42 and 43, the expiration date is the date previously
established for the Tier 3 or 4 license in effect.
new text end

new text begin Subd. 4. new text end

new text begin Movement between tiers. new text end

new text begin Teachers may apply to obtain a license in a higher
licensure tier at any time after the requirements for the higher tier have been met. The teacher
must be granted the license under a higher tier upon review and approval by the board
pursuant to the rules established for the license sought. Applicants may obtain a license in
a lower licensure tier only if they hold a Tier 2 license in one licensure field and a district
requests to hire the applicant for a different licensure field in which the applicant does not
meet the requirements for a Tier 2 license. A teacher may simultaneously hold a Tier 1 and
a Tier 2 license under this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Multiple expiration dates. new text end

new text begin If a license holder has completed and verified the
renewal requirements for a currently held Tier 3 or 4 license issued under sections 42 and
43, the license holder may renew a currently held Tier 3 or 4 license up to one year before
the expiration date for the purpose of consolidating multiple expiration dates of any Tier 3
or 4 licenses held into one expiration date. The consolidation of multiple expiration dates
must be consolidated within a single tier.
new text end

new text begin Subd. 6. new text end

new text begin Appeal. new text end

new text begin An applicant who is denied a teaching license by the board or who is
issued a license under a different licensure tier than what was sought may appeal the board's
decision under Minnesota Rules, part 8710.0900, and Minnesota Statutes, chapter 14, and
Minnesota Statutes, section 122A.188.
new text end

new text begin Subd. 7. new text end

new text begin Licenses issued in error. new text end

new text begin A license issued in error to a person who does not
qualify for the license must be corrected without charge to the license holder, and the
corrections must be made without a hearing under Minnesota Rules, part 8710.0900, and
Minnesota Statutes, chapter 14. A license issued in error is not valid.
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin The board must issue an annual report by September 1 that summarizes
the previous fiscal year's Tier 1, 2, 3, and 4 licenses and out-of-field and innovative program
permissions, organized by licensure field, race and ethnicity, and district.
new text end

new text begin Subd. 9. new text end

new text begin Fees. new text end

new text begin An applicant must pay an application fee for the review of the license
pursuant to Minnesota Statutes, section 122A.21.
new text end

Sec. 40. new text beginTIER 1 LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin If a district is unable to fill an open position with a teacher
holding a Tier 2, 3, or 4 license, a Tier 1 license must be issued, consistent with this section,
to an applicant who does not hold a Tier 2, 3, or 4 license on behalf of a district request
except as provided in section 39, subdivision 4. A Tier 1 license authorizes the license holder
to teach within the requesting district and the specific licensure field in the application.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin (a) The board must issue a Tier 1 license to an applicant upon
request by the designated administrator of the hiring district. The applicant must initiate the
application process and meet the requirements of this subdivision.
new text end

new text begin (b) The applicant must:
new text end

new text begin (1) hold the minimum of a bachelor's degree from a college or university located in the
United States that is regionally accredited by the Higher Learning Commission or by the
regional association for accreditation of colleges and secondary schools, as verified by a
college transcript;
new text end

new text begin (2) hold a credential from outside the United States that is equivalent to a bachelor's
degree, as verified by a credential evaluation completed by a credential evaluator approved
by the National Association of Credential Evaluation Services or other board-approved
credential evaluation service; or
new text end

new text begin (3) for applicants in career and technical education fields and career pathway courses
of study, have one of the following:
new text end

new text begin (i) five years of relevant work experience aligned to the assignment;
new text end

new text begin (ii) an associate's degree aligned to the assignment; or
new text end

new text begin (iii) a professional certification aligned to the assignment.
new text end

new text begin (c) The hiring district must show the position was posted for at least 15 days on the
board-approved statewide job board.
new text end

new text begin (d) The hiring district must affirm the applicant:
new text end

new text begin (1) will participate in a mentorship program, as available;
new text end

new text begin (2) will participate in an evaluation aligned to the district's teacher development and
evaluation model under Minnesota Statutes, section 122A.40, subdivision 8, or 122A.41,
subdivision 5, or, if the statutory models are not practicable, to another identified
district-aligned evaluation; and
new text end

new text begin (3) has the necessary skills and knowledge to teach in the content field aligned to the
assignment.
new text end

new text begin (e) A committee of board staff designated by the board must review applications that
meet board criteria for an emergency placement under this subdivision within two business
days. The committee may immediately issue an interim permission for a qualified Tier 1
license based on board-adopted minimum qualifications criteria pending review by the
board. The interim permission expires at the first possible review by the full board. The
board must review applications after the position has been posted on the board-approved
statewide job board for 15 days.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin A Tier 1 license is valid for up to one year and expires on June 30
of the expiration year.
new text end

new text begin Subd. 4. new text end

new text begin Position change. new text end

new text begin If a Tier 1 license holder moves to another licensure area
within a district or to another district, prior to the expiration of the Tier 1 license, the license
holder must initiate a new application, including paying the application fee, and the hiring
district must meet the requirements under subdivision 2 for the new position. The applicant
is not required to complete a new background check by the board. The Tier 1 license issued
by the board under this subdivision is considered a new license, not a renewal.
new text end

Sec. 41. new text beginTIER 2 LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin A Tier 2 license must be issued, consistent with this section,
to an applicant on behalf of a district request. A Tier 2 license authorizes the license holder
to teach within the requesting district and the specific licensure field in the application.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin (a) The board must issue a Tier 2 license to an applicant upon
request by the designated administrator of the hiring district. The applicant must initiate the
application process and must meet the requirements of this subdivision.
new text end

new text begin (b) The applicant must:
new text end

new text begin (1) hold the minimum of a bachelor's degree from a college or university located in the
United States that is regionally accredited by the Higher Learning Commission or by the
regional association for accreditation of colleges and secondary schools, as verified by a
college transcript;
new text end

new text begin (2) hold a credential from outside the United States that is equivalent to a bachelor's
degree, as verified by a credential evaluation completed by a credential evaluator approved
by the National Association of Credential Evaluation Services or other board-approved
credential evaluation service; or
new text end

new text begin (3) for applicants in career and technical education fields and career pathway courses
of study, have one of the following:
new text end

new text begin (i) five years of relevant work experience aligned to the assignment;
new text end

new text begin (ii) an associate's degree aligned to the assignment; or
new text end

new text begin (iii) a professional certification aligned to the assignment.
new text end

new text begin (c) The applicant must:
new text end

new text begin (1) be enrolled in a board-approved teacher preparation program aligned to the licensure
field;
new text end

new text begin (2) hold a master's degree, or equivalent, aligned to the assignment from a college or
university located in the United States that is regionally accredited by the Higher Learning
Commission or by the regional association for accreditation of colleges and secondary
schools, as verified by a college transcript; or
new text end

new text begin (3) show completion of two of the following:
new text end

new text begin (i) at least eight upper division or graduate-level credits aligned to the assignment;
new text end

new text begin (ii) field-specific methods in a state-approved teacher preparation program aligned to
the assignment;
new text end

new text begin (iii) at least two years of experience teaching as the teacher of record aligned to the
assignment;
new text end

new text begin (iv) board-adopted pedagogy and content examinations with passing scores aligned to
the licensure area. Any licensure area that does not have a board-approved content
examination is exempt from the content examination requirement; or
new text end

new text begin (v) a state-approved teacher preparation program aligned to the licensure area.
new text end

new text begin (d) The hiring district must affirm the applicant will participate in mentorship as available
and evaluation aligned to the district's teacher development and evaluation model under
Minnesota Statutes, section 122A.40, subdivision 8, or 122A.41, subdivision 5, or, if the
statutory models are not practicable, to another identified district-aligned evaluation.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin A Tier 2 license is valid for up to two years and expires on June 30
of the expiration year.
new text end

new text begin Subd. 4. new text end

new text begin Position change. new text end

new text begin If a Tier 2 license holder moves to another licensure area
within a district or to another district, prior to the expiration of the Tier 2 license, the license
holder must initiate a new application, including paying the application fee, and the hiring
district must meet the requirements under subdivision 2 for the new position. The applicant
is not required to complete a new background check by the board. The Tier 2 license issued
by the board under this subdivision is considered a new license, not a renewal.
new text end

Sec. 42. new text beginTIER 3 LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin A Tier 3 license must be issued to an applicant, consistent with
this section, aligned to the scope and field of the applicant's training and experience. A Tier
3 license authorizes the license holder to teach within the specific licensure field for which
board rules exist.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin (a) The board must issue a Tier 3 license if the applicant meets
all of the requirements of this subdivision.
new text end

new text begin (b) The applicant must:
new text end

new text begin (1) hold the minimum of a bachelor's degree from a college or university located in the
United States that is regionally accredited by the Higher Learning Commission or by the
regional association for accreditation of colleges and secondary schools, as verified by a
college transcript;
new text end

new text begin (2) hold a credential from outside the United States that is equivalent to a bachelor's
degree, as verified by a credential evaluation completed by a credential evaluator approved
by the National Association of Credential Evaluation Services or other board-approved
credential evaluation service; or
new text end

new text begin (3) for applicants in career and technical education fields and career pathway courses
of study, have one of the following:
new text end

new text begin (i) five years of relevant work experience aligned to the licensure area sought;
new text end

new text begin (ii) an associate's degree aligned to the licensure area sought; or
new text end

new text begin (iii) a professional certification aligned to the licensure area sought from an approved
certifying organization.
new text end

new text begin (c) The applicant must obtain passing scores on the board-approved pedagogy and content
examinations aligned to the licensure area sought. Any licensure area that does not have a
board-approved content examination is exempt from the content examination requirement.
new text end

new text begin (d) The applicant must show one of the following:
new text end

new text begin (1) completion of a board-approved conventional, nonconventional, or alternative teacher
preparation program aligned to the licensure area sought. The board must accept certifications
in related services positions under sections 50 to 54 and Minnesota Rules, parts 8710.6000
to 8710.6400, in lieu of completion of a board-approved teacher preparation program;
new text end

new text begin (2) completion of a preparation program approved in another state aligned to the licensure
area sought that included field-specific student teaching equivalent to field-specific student
teaching in Minnesota-approved teacher preparation programs. The applicant is exempt
from field-specific student teaching if the applicant has at least two years of field-specific
experience teaching as the teacher of record in the licensure area sought;
new text end

new text begin (3) recommendation for licensure via portfolio application aligned to the licensure area
sought;
new text end

new text begin (4) holds or held a professional license from another state in good standing aligned to
the licensure area sought with at least two years of experience teaching as the teacher of
record aligned to the licensure area sought; or
new text end

new text begin (5) has at least three years of experience teaching as the teacher of record aligned to the
licensure area sought under a Tier 2 license and presents evidence of summative teacher
evaluations that did not result in placing or otherwise keeping the teacher on an improvement
process aligned to the district's teacher development and evaluation plan.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin A Tier 3 license is valid for up to three years and expires on June
30 of the expiration year.
new text end

new text begin Subd. 4. new text end

new text begin Restrictions. new text end

new text begin (a) An applicant whose content training or experience does not
align to a currently approved Minnesota license, but for which past rules have been adopted,
and who meets all other requirements of subdivision 2, must be issued a Tier 3 license
restricted to the scope and licensure area of the applicant's content training or experience.
new text end

new text begin (b) Applicants with content training and experience within two grade levels of a currently
approved Minnesota licensure scope must be granted the full scope of the Minnesota license.
new text end

new text begin (c) Applicants who meet the requirements of subdivision 2, paragraphs (b) and (c), from
a Montessori Accreditation Council for Teacher Education accredited training center must
be issued a Tier 3 license restricted to a Montessori setting and aligned to the scope of
training.
new text end

Sec. 43. new text beginTIER 4 LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin A Tier 4 license authorizes the license holder, consistent with
this section, to teach in the field and scope aligned to the license holder's preparation. A
Tier 4 license indicates the license holder has had at least three years of experience in
Minnesota within the field and scope of licensure and completed the professional
development requirements mandated by statute.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin (a) The board must issue a Tier 4 license if the applicant meets
all of the requirements of this subdivision.
new text end

new text begin (b) The applicant must:
new text end

new text begin (1) hold the minimum of a bachelor's degree from a college or university located in the
United States that is regionally accredited by the Higher Learning Commission or by the
regional association for accreditation of colleges and secondary schools, as verified by a
college transcript;
new text end

new text begin (2) hold a credential from outside the United States that is equivalent to a bachelor's
degree, as verified by a credential evaluation completed by a credential evaluator approved
by the National Association of Credential Evaluation Services or other board-approved
credential evaluation service; or
new text end

new text begin (3) for applicants in career and technical education fields and career pathway courses
of study, have one of the following:
new text end

new text begin (i) five years of relevant work experience aligned to the licensure area sought;
new text end

new text begin (ii) an associate's degree aligned to the licensure area sought; or
new text end

new text begin (iii) a professional certification aligned to the licensure area sought from an approved
certifying organization.
new text end

new text begin (c) The applicant must have completed one of the following:
new text end

new text begin (1) a board-approved conventional, nonconventional, or alternative teacher preparation
program aligned to the licensure area sought. The board must accept certifications in related
services positions under sections 50 to 54 and Minnesota Rules, parts 8710.6000 to
8710.6400, in lieu of completion of a board-approved teacher preparation program; or
new text end

new text begin (2) a preparation program approved in another state aligned to the licensure area sought
that included field-specific student teaching equivalent to field-specific student teaching in
Minnesota-approved teacher preparation programs. The applicant is exempt from
field-specific student teaching if the applicant has at least two years of field-specific
experience teaching as the teacher of record.
new text end

new text begin (d) The applicant must obtain passing scores on the board-approved skills, pedagogy,
and content examinations aligned to the licensure area sought. Any licensure area that does
not have a board-approved content examination is exempt from the content examination
requirement.
new text end

new text begin (e) The applicant must have at least three years of experience teaching in Minnesota as
the teacher of record.
new text end

new text begin (f) The applicant's most recent summative evaluation must not have resulted in placing
or otherwise keeping the teacher in an improvement process aligned to the district's teacher
development and evaluation plan.
new text end

new text begin (g) The applicant must have participated in mentorship and evaluation aligned to the
district's teacher development and evaluation model under Minnesota Statutes, section
122A.40, subdivision 8, or 122A.41, subdivision 5, or, if the statutory models are not
practicable, to another identified district-aligned evaluation.
new text end

new text begin Subd. 3. new text end

new text begin Adding a Tier 4 license. new text end

new text begin To add an additional Tier 4 license, the applicant
must show evidence of meeting the requirements of subdivision 2, paragraph (d), and section
42, subdivision 2, paragraph (d), clause (1), (2), or (3), in the licensure area sought. An
applicant may add a teachers of science endorsement by meeting the requirements of
Minnesota Rules, part 8710.4770.
new text end

new text begin Subd. 4. new text end

new text begin Duration. new text end

new text begin A Tier 4 license is valid for up to five years and expires on June 30
of the expiration year.
new text end

new text begin Subd. 5. new text end

new text begin Restrictions. new text end

new text begin (a) An applicant whose content training or experience does not
align to a currently approved Minnesota license, but for which past rules have been adopted,
and who meets all other requirements of this part must be issued a Tier 4 license restricted
to the scope and licensure area of the applicant's content training or experience.
new text end

new text begin (b) Applicants with content training and experience within two grade levels of a currently
approved Minnesota licensure scope must be granted the full scope of the Minnesota license.
new text end

Sec. 44. new text beginOUT-OF-FIELD PERMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin An out-of-field permission authorizes a teacher holding a Tier
3 or 4 license, consistent with this section, to teach in a field not aligned with the Tier 3 or
4 license.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin (a) The board must issue an out-of-field permission upon request
by the designated administrator of the hiring district. The applicant must initiate the
application process, and the hiring district must show:
new text end

new text begin (1) the applicant holds a valid Tier 3 or 4 license;
new text end

new text begin (2) the applicant holds a license other than for a related services position under sections
50 to 54 and Minnesota Rules, parts 8710.6000 to 8710.6400;
new text end

new text begin (3) the applicant approves the request; and
new text end

new text begin (4) the position was posted for at least 15 days on the board-approved statewide job
board.
new text end

new text begin (b) A committee of board staff designated by the board must review applications
requesting emergency placements under this subdivision within two business days. The
committee may immediately issue an out-of-field permission based on board-adopted criteria
pending review by the board. The board must review applications after the position has
been posted on the board-approved statewide job board for 15 days.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin An out-of-field permission is valid for up to one year and expires
on June 30 of the expiration year.
new text end

new text begin Subd. 4. new text end

new text begin Limitations and exceptions. new text end

new text begin (a) An individual cannot hold an out-of-field
permission to work in a related services position.
new text end

new text begin (b) An out-of-field permission is limited to the licensure area and the district for which
it was granted.
new text end

new text begin (c) An out-of-field permission granted for a summer school only position may be renewed
an unlimited number of times.
new text end

Sec. 45. new text beginINNOVATIVE PROGRAM PERMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin An innovative program permission authorizes a licensed teacher,
consistent with this section, to teach multiple fields within an established innovative program.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin The board must issue an innovative program permission upon
request by the designated administrator of the hiring district. The applicant must initiate the
application process, and the hiring district must show:
new text end

new text begin (1) the applicant holds a Tier 3 or 4 license; and
new text end

new text begin (2) the teaching assignment is within an innovative program.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin An innovative program permission is valid for up to one year and
expires on June 30 of the expiration year.
new text end

new text begin Subd. 4. new text end

new text begin Renewal. new text end

new text begin An innovative program permission may be renewed an unlimited
number of times.
new text end

Sec. 46. new text beginSHORT-CALL SUBSTITUTE LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin A short-call substitute license authorizes the license holder to
replace the same teacher of record for no more than 15 consecutive school days.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin The board must issue a short-call substitute license to an
applicant who meets the requirements of this subdivision. The applicant must:
new text end

new text begin (1) hold the minimum of a bachelor's degree from a college or university located in the
United States that is regionally accredited by the Higher Learning Commission or by the
regional association for accreditation of colleges and secondary schools, as verified by a
college transcript;
new text end

new text begin (2) hold a credential from outside the United States that is equivalent to a bachelor's
degree, as verified by a credential evaluation completed by a credential evaluator approved
by the National Association of Credential Evaluation Services or other board-approved
credential evaluation service;
new text end

new text begin (3) for applicants in career and technical education fields and career pathway courses
of study, have one of the following:
new text end

new text begin (i) five years of relevant work experience aligned to the assignment;
new text end

new text begin (ii) an associate's degree aligned to the assignment;
new text end

new text begin (iii) a professional certification aligned to the assignment from an approved certifying
organization; or
new text end

new text begin (iv) be enrolled in and making meaningful progress, as defined by the provider, in a
board-approved teacher preparation program and have successfully completed student
teaching to be employed as a short-call substitute teacher.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin A short-call substitute license is valid for up to three years and
expires on June 30 of the expiration year.
new text end

new text begin Subd. 4. new text end

new text begin Renewal. new text end

new text begin An applicant must reapply for a short-call substitute license upon its
expiration.
new text end

Sec. 47. new text beginLIFETIME SUBSTITUTE LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin A lifetime substitute license is issued, consistent with this
section, to a retired teacher and authorizes the license holder to replace a teacher of record
who is on an approved leave of absence.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin The board must issue a lifetime substitute license to an applicant
who meets one of the following:
new text end

new text begin (1) holds or held a Tier 3 or 4 license, a Minnesota five-year standard license or its
equivalent, or a professional license from another state and receives a retirement annuity
as a result of the person's teaching experience; or
new text end

new text begin (2) holds or held a Tier 3 or 4 license or a Minnesota five-year standard license or its
equivalent, taught for at least three years in an accredited nonpublic school in Minnesota,
and receives a retirement annuity as a result of the person's teaching experience.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin A lifetime substitute license does not expire.
new text end

new text begin Subd. 4. new text end

new text begin Limitations. new text end

new text begin A teacher holding a lifetime substitute license may replace the
same teacher of record on an approved leave of absence for more than 15 consecutive school
days if the substitute teacher's previous Tier 3 or 4 license, Minnesota five-year standard
license or its equivalent, or professional license from another state is aligned to the
assignment.
new text end

Sec. 48. new text beginTEACHERS OF READING.
new text end

new text begin A candidate for licensure to teach reading to students in kindergarten through grade 12
shall hold or qualify for a teaching license, as defined in section 39, valid for one or more
of the following student levels: elementary, middle, or secondary.
new text end

Sec. 49. new text beginREADING LEADER.
new text end

new text begin A candidate for licensure to teach reading to students in kindergarten through grade 12
shall hold or qualify for a teaching license, as defined in section 39, valid for one or more
of the following student levels: elementary, middle, or secondary.
new text end

Sec. 50. new text beginSPEECH-LANGUAGE PATHOLOGIST.
new text end

new text begin Subdivision 1. new text end

new text begin Exceptions. new text end

new text begin A speech-language pathologist teacher is not required to
pass content, pedagogy, or basic skills examinations.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for Tier 2 license. new text end

new text begin (a) A Tier 2 license issued under section 41
must be issued to a speech-language pathologist teacher if the requirements of this subdivision
are met.
new text end

new text begin (b) The applicant must:
new text end

new text begin (1) hold a baccalaureate degree in speech-language pathology or communication
disorders; and
new text end

new text begin (2) be enrolled in a master's degree program. The recommending institution must agree
in writing to provide supervision for the speech-language pathologist teacher.
new text end

new text begin (c) The hiring district must:
new text end

new text begin (1) request a Tier 2 license from the board; and
new text end

new text begin (2) affirm the applicant will participate in an evaluation aligned to the district's teacher
development and evaluation model under Minnesota Statutes, section 122A.40, subdivision
8, or 122A.41, subdivision 5, or if the statutory models are not practicable, to another
identified district-aligned evaluation.
new text end

new text begin Subd. 3. new text end

new text begin Requirements for Tier 3 license. new text end

new text begin A Tier 3 license issued under section 42
must be issued to a speech-language pathologist teacher if the applicant provides evidence
of:
new text end

new text begin (1) having completed a master's degree in speech-language pathology from a program
accredited by the Council on Academic Affairs of the American Speech-Language-Hearing
Association; or
new text end

new text begin (2) holding a valid certificate of clinical competence from the American
Speech-Language-Hearing Association.
new text end

new text begin Subd. 4. new text end

new text begin Requirements for Tier 4 license. new text end

new text begin A Tier 4 license issued under section 43
must be issued to a speech-language pathologist teacher if the applicant:
new text end

new text begin (1) meets all requirements for a Tier 3 license under subdivision 3;
new text end

new text begin (2) has at least three years of experience as a speech-language pathologist teacher in
Minnesota schools; and
new text end

new text begin (3) was not placed or otherwise kept in an improvement process aligned to the district's
teacher development and evaluation plan by the applicant's most recent summative evaluation.
new text end

Sec. 51. new text beginSCHOOL NURSE.
new text end

new text begin Subdivision 1. new text end

new text begin Exceptions. new text end

new text begin A school nurse is not required to pass content, pedagogy,
or basic skills examinations.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for Tier 3 license. new text end

new text begin A Tier 3 license issued under section 42
must be issued to a school nurse if the applicant:
new text end

new text begin (1) holds a baccalaureate degree in nursing from a regionally accredited college or
university;
new text end

new text begin (2) is currently registered in Minnesota to practice as a licensed registered nurse under
the Board of Nursing; and
new text end

new text begin (3) is currently registered in Minnesota as a public health nurse under the Board of
Nursing.
new text end

new text begin Subd. 3. new text end

new text begin Requirements for Tier 4 license. new text end

new text begin A Tier 4 license issued under section 43
must be issued to a school nurse if the applicant:
new text end

new text begin (1) meets all requirements for a Tier 3 license under subdivision 2;
new text end

new text begin (2) has at least three years of experience as a school nurse in Minnesota; and
new text end

new text begin (3) was not placed or otherwise kept in an improvement process aligned to the district's
teacher development and evaluation plan by the applicant's most recent summative evaluation.
new text end

new text begin Subd. 4. new text end

new text begin Maintaining board of nursing registration. new text end

new text begin In order to retain licensure as a
school nurse, current registration as a registered nurse and registration as a public health
nurse must be maintained at all times. Lapse of this registration or licensure is grounds for
revocation of licensure as a school nurse.
new text end

new text begin Persons without baccalaureate degrees who hold valid licenses as school nurses may
continue to renew their licenses under this subdivision, provided that requirements for
renewal are met. However, if a license is allowed to lapse, persons must meet the licensure
requirements in subdivision 2 or 3 in order to receive a current school nurse license.
new text end

Sec. 52. new text beginSCHOOL PSYCHOLOGIST.
new text end

new text begin Subdivision 1. new text end

new text begin Exceptions. new text end

new text begin A school psychologist is not required to pass content,
pedagogy, or basic skills examinations.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for Tier 2 license. new text end

new text begin (a) A Tier 2 license issued under section 41
must be issued to a school psychologist if the requirements of this subdivision are met.
new text end

new text begin (b) The applicant must:
new text end

new text begin (1) provide evidence that the applicant has completed a school psychology program not
accredited by the National Association of School Psychologists and does not hold a National
School Psychologist Certification; or
new text end

new text begin (2) hold a master's degree or equivalent in a school psychology program and provide
verification of completion of at least three years of preparation required for licensure as a
school psychologist. The recommending institution must verify completion of at least three
years of preparation required for licensure as a school psychologist, affirm that the institution
will assist in designing the learning experience, and provide supervision during the learning
experience.
new text end

new text begin (c) The hiring district must:
new text end

new text begin (1) request a Tier 2 license from the board;
new text end

new text begin (2) affirm the applicant will participate in an evaluation aligned to the district's teacher
development and evaluation model under Minnesota Statutes, section 122A.40, subdivision
8, or 122A.41, subdivision 5, or if the statutory models are not practicable, to another
identified district-aligned evaluation; and
new text end

new text begin (3) if the applicant obtains a Tier 2 license pursuant to paragraph (b), clause (2), assign
a school psychologist who holds a Tier 3 or Tier 4 license issued under sections 42 and 43
to supervise the applicant.
new text end

new text begin Subd. 3. new text end

new text begin Tier 2 license duration; renewal. new text end

new text begin (a) A Tier 2 license issued under subdivision
2, paragraph (b), clause (1), is valid for up to two years, expires on June 30 of the expiration
year, and may be renewed one time pursuant to board rules.
new text end

new text begin (b) A Tier 2 license issued under subdivision 2, paragraph (b), clause (2), may be used
only in the requesting district, is valid for up to one school year, and expires on the June 30
following the date of issuance. The license may be renewed one time upon application to
the board if the applicant must complete the equivalent of one school year of internship
experience during the following school year. The license shall be revoked by the board if
it is demonstrated that the intent and purpose of the licensure have not been fulfilled.
new text end

new text begin Subd. 4. new text end

new text begin Requirements for Tier 3 license. new text end

new text begin A Tier 3 license issued under section 42
must be issued to a school psychologist if the applicant has completed a preparation program
in school psychology accredited by the National Association of School Psychologists.
new text end

new text begin Subd. 5. new text end

new text begin Requirements for Tier 4 license. new text end

new text begin A Tier 4 license issued under section 43
must be issued to a school psychologist if the applicant:
new text end

new text begin (1) meets all requirements for a Tier 3 license issued under subdivision 4;
new text end

new text begin (2) has at least three years of experience working as a school psychologist in Minnesota;
and
new text end

new text begin (3) was not placed or otherwise kept in an improvement process aligned to the district's
teacher development and evaluation plan by the applicant's most recent summative evaluation.
new text end

Sec. 53. new text beginSCHOOL SOCIAL WORKER.
new text end

new text begin Subdivision 1. new text end

new text begin Exceptions. new text end

new text begin A school social worker is not required to pass content,
pedagogy, or basic skills examinations.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for Tier 3 license. new text end

new text begin A Tier 3 license issued under section 42
must be issued to a school social worker if the applicant:
new text end

new text begin (1) holds a baccalaureate or master's degree in social work from a program accredited
by the Council on Social Work Education; and
new text end

new text begin (2) is currently licensed in Minnesota to practice as a social worker under the Board of
Social Work.
new text end

new text begin Subd. 3. new text end

new text begin Requirements for Tier 4 license. new text end

new text begin A Tier 4 license issued under section 43
must be issued to a school social worker if the applicant:
new text end

new text begin (1) meets all requirements for a Tier 3 license under subdivision 2;
new text end

new text begin (2) has at least three years of experience working as a school social worker in Minnesota;
and
new text end

new text begin (3) was not placed or otherwise kept in an improvement process aligned to the district's
teacher development and evaluation plan by the applicant's most recent summative evaluation.
new text end

Sec. 54. new text beginSCHOOL COUNSELOR.
new text end

new text begin Subdivision 1. new text end

new text begin Exceptions. new text end

new text begin A school counselor is not required to pass content, pedagogy,
or basic skills examinations.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for Tier 2 license. new text end

new text begin (a) A Tier 2 license issued under section 41
must be issued to a school counselor if the requirements of this subdivision are met.
new text end

new text begin (b) The applicant must:
new text end

new text begin (1) hold a baccalaureate degree;
new text end

new text begin (2) be enrolled in an accredited school counselor education program;
new text end

new text begin (3) have accumulated no less than 24 semester credit hours in school counseling-specific
coursework or content, including introduction to the field, counseling skills, and ethical
standards; and
new text end

new text begin (4) verify to the board in writing a plan of study of full- or part-time enrollment to achieve
licensure within three years.
new text end

new text begin (c) The hiring district must show the position was posted for at least 15 days on the
board-approved statewide job board.
new text end

new text begin (d) The hiring district must:
new text end

new text begin (1) request a Tier 2 license from the board; and
new text end

new text begin (2) affirm the applicant will participate in an evaluation aligned to the district's teacher
development and evaluation model under Minnesota Statutes, section 122A.40, subdivision
8, or 122A.41, subdivision 5, or if the statutory models are not practicable, to another
identified district-aligned evaluation.
new text end

new text begin (e) Applicants granted a license to practice under this subdivision must obtain approval
to practice in writing from the school counseling program in which they are enrolled and
must be supervised by a duly licensed school counselor with no less than two years of
full-time practice experience.
new text end

new text begin Subd. 3. new text end

new text begin Tier 2 license duration. new text end

new text begin A Tier 2 license issued under subdivision 2 is valid
for two years and may be renewed one time.
new text end

new text begin Subd. 4. new text end

new text begin Requirements for Tier 3 license. new text end

new text begin A Tier 3 license issued under section 42
must be issued to a school counselor if the applicant:
new text end

new text begin (1) holds a master's degree or the equivalent in school counseling from a college or
university that is regionally accredited by the association for the accreditation of colleges
and secondary schools; and
new text end

new text begin (2) shows verification of having completed a preparation program approved by the state
where the program resides or the Council for the Accreditation of Counseling and Related
Educational Services.
new text end

new text begin Subd. 5. new text end

new text begin Requirements for Tier 4 license. new text end

new text begin A Tier 4 license issued under section 43
must be issued to a school counselor if the applicant:
new text end

new text begin (1) meets all requirements for a Tier 3 license issued under subdivision 4;
new text end

new text begin (2) has at least three years of experience working as a school counselor in Minnesota;
and
new text end

new text begin (3) was not placed or otherwise kept in an improvement process aligned to the district's
teacher development and evaluation plan by the applicant's most recent summative evaluation.
new text end

Sec. 55. new text beginDUTY OF LICENSEE TO RENEW.
new text end

new text begin It is the responsibility of the person seeking the renewal of a Tier 3 or 4 teaching license
to comply with licensure renewal requirements and to submit the application, appropriate
verification, and other supporting materials to the local continuing education/relicensure
committee, in accordance with procedures and due dates established by that committee.
new text end

Sec. 56. new text beginCAREER PATHWAYS TEACHER.
new text end

new text begin Subdivision 1. new text end

new text begin Scope of practice. new text end

new text begin A career pathways teacher is authorized to teach
students the skills and information necessary for a specific career where that career does
not necessarily require a four-year degree and in which there are not board rules in place.
Such careers include but are not limited to law enforcement, cosmetology, and park services.
new text end

new text begin Subd. 2. new text end

new text begin Licensure requirements. new text end

new text begin (a) A candidate for licensure as a career pathways
teacher must meet the requirements of this subdivision.
new text end

new text begin (b) The applicant must have one of the following:
new text end

new text begin (1) five years of relevant work experience;
new text end

new text begin (2) at least an associate's degree aligned to the career field; or
new text end

new text begin (3) a professional certification aligned to the career field from an approved certifying
organization.
new text end

new text begin (c) The applicant must demonstrate to the board the standards of effective practice under
Minnesota Rules, part 8710.2000, have been met through standards of effective practice
coursework or experiences through a teacher preparation provider.
new text end

Sec. 57. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Rules, parts 8700.7620; 8710.0300, subparts 1, 1a, 2, 2a, 2b, 3, 5, 6, 7,
8, 9, 10, and 11; 8710.1000; 8710.1050; 8710.1250; 8710.1400; and 8710.1410,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2017 Supplement, section 122A.09, subdivision 1, new text end new text begin and new text end new text begin Minnesota
Rules, part 8710.2100, subparts 1 and 2,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective October 1, 2018. Paragraph (b) is
effective the day following final enactment.
new text end

ARTICLE 50

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2016, section 120A.20, subdivision 2, is amended to read:


Subd. 2.

Education, residence, and transportation of homeless.

(a) Notwithstanding
subdivision 1, a district must not deny free admission to a homeless pupil solely because
the district cannot determine that the pupil is a resident of the district.

(b) The school district of residence for a homeless pupil shall be the school district in
which the parent or legal guardian resides, unless: (1) parental rights have been terminated
by court order; (2) the parent or guardian is not living within the state; or (3) the parent or
guardian having legal custody of the child is an inmate of a Minnesota correctional facility
or is a resident of a halfway house under the supervision of the commissioner of corrections.
If any of clauses (1) to (3) apply, the school district of residence shall be the school district
in which the pupil resided when the qualifying event occurred. If no other district of residence
can be established, the school district of residence shall be the school district in which the
pupil currently resides. If there is a dispute between school districts regarding residency,
the district of residence is the district designated by the commissioner of education.

(c) new text beginExcept as provided in paragraph (d), new text endthe serving district is responsible for transporting
a homeless pupil to and from the pupil's district of residence. The district may transport
from a permanent home in another district but only through the end of the academic school
year. When a pupil is enrolled in a charter school, the district or school that provides
transportation for other pupils enrolled in the charter school is responsible for providing
transportation. When a homeless student with or without an individualized education program
attends a public school other than an independent or special school district or charter school,
the district of residence is responsible for transportation.

new text begin (d) For a homeless pupil with an individualized education program enrolled in a program
authorized by an intermediate school district, special education cooperative, service
cooperative, or education district, the serving district at the time of the pupil's enrollment
in the program remains responsible for transporting that pupil for the remainder of the school
year, unless the initial serving district and the current serving district mutually agree that
the current serving district is responsible for transporting the homeless pupil.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 2.

Laws 2017, First Special Session chapter 5, article 2, section 56, is amended to
read:


Sec. 56. INTERMEDIATE SCHOOL DISTRICT MENTAL HEALTH
INNOVATION GRANT PROGRAM; APPROPRIATION.

(a) $2,450,000 in fiscal year 2018 and $2,450,000 in fiscal year 2019 are appropriated
from the general fund to the commissioner of human services for a grant program to fund
innovative projects to improve mental health outcomes for youth attending a qualifying
school unit.

(b) A "qualifying school unit" means an intermediate district organized under Minnesota
Statutes, section 136D.01, or a service cooperative organized under Minnesota Statutes,
section 123A.21, subdivision 1, paragraph (a), clause (2), that provides instruction to students
in a setting of federal instructional level 4 or higher. Grants under paragraph (a) must be
awarded to eligible applicants such that the services are proportionately provided among
qualifying school units. The commissioner shall calculate the share of the appropriation to
be used in each qualifying school unit by dividing the qualifying school unit's average daily
membership in a setting of federal instructional level 4 or higher for fiscal year 2016 by the
total average daily membership in a setting of federal instructional level 4 or higher for the
same year for all qualifying school units.

(c) An eligible applicant is an entity that has demonstrated capacity to serve the youth
identified in paragraph (a) and that is:

(1) certified under Minnesota Rules, parts 9520.0750 to 9520.0870;

(2) a community mental health center under Minnesota Statutes, section 256B.0625,
subdivision 5
;

(3) an Indian health service facility or facility owned and operated by a tribe or tribal
organization operating under United States Code, title 25, section 5321; deleted text beginor
deleted text end

(4) a provider of children's therapeutic services and supports as defined in Minnesota
Statutes, section 256B.0943deleted text begin.deleted text endnew text begin; or
new text end

new text begin (5) enrolled in medical assistance as a mental health or substance use disorder provider
agency and must employ at least two full-time equivalent mental health professionals as
defined in Minnesota Statutes, section 245.4871, subdivision 27, clauses (1) to (6), or alcohol
and drug counselors licensed or exempt from licensure under chapter 148F who are qualified
to provide clinical services to children and families.
new text end

(d) An eligible applicant must employ or contract with at least two licensed mental health
professionals as defined in Minnesota Statutes, section 245.4871, subdivision 27, clauses
(1) to (6), who have formal training in evidence-based practices.

(e) A qualifying school unit must submit an application to the commissioner in the form
and manner specified by the commissioner. The commissioner may approve an application
that describes models for innovative projects to serve the needs of the schools and students.
The commissioner may provide technical assistance to the qualifying school unit. The
commissioner shall then solicit grant project proposals and award grant funding to the
eligible applicants whose project proposals best meet the requirements of this section and
most closely adhere to the models created by the intermediate districts and service
cooperatives.

(f) To receive grant funding, an eligible applicant must obtain a letter of support for the
applicant's grant project proposal from each qualifying school unit the eligible applicant is
proposing to serve. An eligible applicant must also demonstrate the following:

(1) the ability to seek third-party reimbursement for services;

(2) the ability to report data and outcomes as required by the commissioner; and

(3) the existence of partnerships with counties, tribes, substance use disorder providers,
and mental health service providers, including providers of mobile crisis services.

(g) Grantees shall obtain all available third-party reimbursement sources as a condition
of receiving grant funds. For purposes of this grant program, a third-party reimbursement
source does not include a public school as defined in Minnesota Statutes, section 120A.20,
subdivision 1
.

(h) The base budget for this program is $0. This appropriation is available until June 30,
2020.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Laws 2017, First Special Session chapter 5, article 4, section 11, is amended to
read:


Sec. 11. SPECIAL EDUCATION ADJUSTMENT; MONTICELLO SCHOOL
DISTRICT.

new text begin (a) new text endNotwithstanding Minnesota Statutes, sections 125A.76 and 127A.45, special education
aid payments to Independent School District No. 882, Monticello, must be increased by
$800,000 in fiscal year 2018 to mitigate cash flow problems created by an unforeseeable
reduction in the district's special education aid for fiscal year 2016 as a result of the combined
effects of converting from a host district cooperative to a joint powers cooperative and
implementation of a new special education aid formula in the same fiscal year.

new text begin (b) new text endSpecial education aid payments to Independent School District No. 882, Monticello,
must new text beginnot new text endbe reduced deleted text beginby the same amountdeleted text end in fiscal year 2019 to offset the fiscal year 2018
increase.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Laws 2017, First Special Session chapter 5, article 4, section 12, subdivision 2, as
amended by Laws 2017, First Special Session chapter 7, section 12, is amended to read:


Subd. 2.

Special education; regular.

For special education aid under Minnesota Statutes,
section 125A.75:

$
deleted text begin 1,341,161,000
deleted text end new text begin 1,366,903,000
new text end
.....
2018
$
deleted text begin 1,426,827,000
deleted text end new text begin 1,468,721,000
new text end
.....
2019

The 2018 appropriation includes $156,403,000 for 2017 and deleted text begin$1,184,758,000deleted text endnew text begin
$1,210,500,000
new text end for 2018.

The 2019 appropriation includes deleted text begin$166,667,000deleted text endnew text begin $170,291,000new text end for 2018 and
deleted text begin $1,260,160,000deleted text endnew text begin $1,298,430,000new text end for 2019.

Sec. 5. new text beginSPECIAL EDUCATION LEGISLATIVE WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin A legislative working group on special education is created to
review special education delivery and costs in Minnesota and submit a written report to the
legislature. The working group must:
new text end

new text begin (1) review how school districts, charter schools, intermediate school districts, special
education cooperatives, education districts, service cooperatives, and nonpublic schools
deliver special education services, and the costs and benefits associated with each model;
new text end

new text begin (2) compare relevant state and federal special education laws and regulations by reviewing
the 2013 evaluation report by the Office of the Legislative Auditor on special education
and other publicly available reports;
new text end

new text begin (3) analyze trends in special education enrollment and the reasons for the increased
proportion of Minnesota students receiving special education, including identifying disparities
in student identification;
new text end

new text begin (4) identify strategies or programs that would be effective in reducing the need for special
education services or could provide less-intensive special education services, when
appropriate;
new text end

new text begin (5) analyze funding for children receiving special education services in a nonresident
district or charter school in accordance with Minnesota Statutes, sections 124E.21, 125A.11,
and 127A.47;
new text end

new text begin (6) analyze the effect of the 2013 statutory changes to the state special education funding
formula, including interactions and conformity with federal funding formulas;
new text end

new text begin (7) describe how school districts and charter schools use section 504 plans, including
criteria used to determine when a section 504 plan is appropriate and the prevalence of
section 504 plans in school districts and charter schools; and
new text end

new text begin (8) review the 2013 evaluation report by the Office of the Legislative Auditor on special
education and whether any recommendations have been enacted or implemented.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The legislative working group on special education consists
of:
new text end

new text begin (1) six duly elected and currently serving members of the house of representatives, three
appointed by the speaker of the house and three appointed by the house minority leader,
two of whom must be the current chairs of the house of representatives Education Innovation
Policy Committee and Education Finance Committee; and
new text end

new text begin (2) six duly elected and currently serving senators, three appointed by the senate majority
leader and three appointed by the senate minority leader, two of whom must be the current
chairs of the senate Education Policy Committee and Education Finance Committee.
new text end

new text begin (b) Only duly elected and currently serving members of the house of representatives or
senate may be members of the special education legislative working group. A chair of an
education committee appointed under paragraph (a) may designate another member of the
chair's chamber to attend a meeting of the legislative working group in place of the chair.
new text end

new text begin Subd. 3. new text end

new text begin Organization; process; administrative and technical support. new text end

new text begin The special
education legislative working group appointments must be made by July 1, 2018. If a vacancy
occurs, the leader of the caucus in the house of representatives or senate to which the vacating
working group member belonged must fill the vacancy. The chair of the house of
representatives Education Innovation Policy Committee shall serve as a cochair of the
working group. The chair of the senate Education Policy Committee shall serve as a cochair
of the working group and shall convene the first meeting. The working group must meet
periodically. Meetings of the working group must be open to the public. The Legislative
Coordinating Commission must provide administrative assistance upon request. The
Department of Education must provide technical assistance upon request.
new text end

new text begin Subd. 4. new text end

new text begin Consultation with stakeholders. new text end

new text begin In developing its recommendations, the
special education legislative working group must consult with interested and affected
stakeholders.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin The special education legislative working group must submit a report
providing its findings and policy recommendations to the legislature by January 15, 2019.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The special education legislative working group expires January
16, 2019, unless extended by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 51

FACILITIES, TECHNOLOGY, LIBRARIES, AND NUTRITION

Section 1.

Minnesota Statutes 2017 Supplement, section 121A.335, subdivision 3, is
amended to read:


Subd. 3.

Frequency of testing.

new text begin(a) new text endThe plan under subdivision 2 must include a testing
schedule for every building serving prekindergarten through grade 12 students. The schedule
must require that each building be tested at least once every five years. A school district
must begin testing school buildings by July 1, 2018, and complete testing of all buildings
that serve students within five years.

new text begin (b) The commissioner of education must, in consultation with the commissioner of
health, determine the maximum contaminant level for lead in school drinking water. The
maximum contaminant level must be compatible with the United States Environmental
Protection Agency's lead and copper rule. A school district that finds the presence of lead
exceeds the maximum contaminant level in any water source that can provide water for
consumption must either remediate that water source and immediately shut off the water
source until the source is remediated, or make the water source unavailable.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 121A.335, subdivision 5, is amended
to read:


Subd. 5.

Reporting.

A school district that has tested its buildings for the presence of
lead shall make the results of the testing available to the public for review and must notify
parents of the availability of the information.new text begin If a test conducted under subdivision 3,
paragraph (a), reveals that the presence of lead exceeds the maximum contaminant level,
the school district must immediately directly notify parents of the test result and any steps
taken to remediate the water source or make the water source unavailable.
new text end

Sec. 3.

Minnesota Statutes 2016, section 123B.52, subdivision 6, is amended to read:


Subd. 6.

Disposing of surplus school computers.

new text begin(a) new text endNotwithstanding section 471.345,
governing school district contracts made upon sealed bid or otherwise complying with the
requirements for competitive bidding, other provisions of this section governing school
district contracts, or other law to the contrary, a school district under this subdivision may
dispose ofnew text begin school computers, including a tablet device.
new text end

new text begin (b) A school district may dispose ofnew text end a surplus school computer and related equipment
if the district disposes of the surplus property by conveying the property and title to:

(1) another school district;

(2) the state Department of Corrections;

(3) the Board of Trustees of the Minnesota State Colleges and Universities; or

(4) the family of a student residing in the district whose total family income meets the
federal definition of poverty.

new text begin (c) If surplus school computers are not disposed of under paragraph (b), upon adoption
of a written resolution of the school board, when updating or replacing school computers,
including tablet devices, used primarily by students, a school district may sell or give used
computers or tablets to qualifying students at the price specified in the written resolution.
A student is eligible to apply to the school board for a computer or tablet under this
subdivision if the student is currently enrolled in the school and intends to enroll in the
school in the year following the receipt of the computer or tablet. If more students apply
for computers or tablets than are available, the school must first qualify students whose
families are eligible for free or reduced-price meals, and then dispose of the remaining
computers or tablets by lottery.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2017 Supplement, section 123B.52, subdivision 7, is amended
to read:


Subd. 7.

Food service contracts.

A contract between a school board and a food service
management company that complies with Code of Federal Regulations, title 7, section
210.16,new text begin 225.15, paragraph (m), or 226.21new text end may be renewed annually after its initial term for
not more than four additional years.

Sec. 5.

Minnesota Statutes 2016, section 123B.595, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Allocation from districts participating in agreements for secondary
education or interdistrict cooperation.
new text end

new text begin For purposes of this section, a district with revenue
authority under subdivision 1 for indoor air quality, fire alarm and suppression, and asbestos
abatement projects under section 123B.57, subdivision 6, with an estimated cost of $100,000
or more per site and that participates in an agreement under section 123A.30 or 123A.32
may allocate the revenue authority among participating districts.
new text end

Sec. 6.

Minnesota Statutes 2016, section 124D.111, is amended to read:


124D.111 new text beginSCHOOL MEALS POLICIES; new text endLUNCH AID; FOOD SERVICE
ACCOUNTING.

Subdivision 1.

School deleted text beginlunch aid computationdeleted text endnew text begin meals policiesnew text end.

new text begin (a) Each Minnesota
participant in the national school lunch program must adopt and post to its Web site, or the
Web site of the organization where the meal is served, a school meals policy.
new text end

new text begin (b) The policy must be in writing and clearly communicate student meal charges when
payment cannot be collected at the point of service. The policy must be reasonable and
well-defined and maintain the dignity of students by prohibiting lunch shaming or otherwise
ostracizing the student.
new text end

new text begin (c) The policy must address whether the participant uses a collections agency to collect
unpaid school meals debt.
new text end

new text begin (d) The policy must ensure that once a participant has placed a meal on a tray or otherwise
served the meal to a student, the meal may not be subsequently withdrawn from the student
by the cashier or other school official, whether or not the student has an outstanding meals
balance.
new text end

new text begin (e) The policy must ensure that a student who has been determined eligible for free and
reduced-price lunch must always be served a reimbursable meal even if the student has an
outstanding debt.
new text end

new text begin (f) If a school contracts with a third party for its meal services, it must provide the vendor
with its school meals policy. Any contract between the school and a third-party provider
entered into or modified after July 1, 2018, must ensure that the third-party provider adheres
to the participant's school meals policy.
new text end

new text begin Subd. 1a. new text end

new text begin School lunch aid amounts. new text end

Each school year, the state must pay participants
in the national school lunch program the amount of 12.5 cents for each full paid and free
student lunch and 52.5 cents for each reduced-price lunch served to students.

Subd. 2.

Application.

A school district, charter school, nonpublic school, or other
participant in the national school lunch program shall apply to the department for this
payment on forms provided by the department.

Subd. 2a.

Federal child and adult care food program; criteria and notice.

The
commissioner must post on the department's Web site eligibility criteria and application
information for nonprofit organizations interested in applying to the commissioner for
approval as a multisite sponsoring organization under the federal child and adult care food
program. The posted criteria and information must inform interested nonprofit organizations
about:

(1) the criteria the commissioner uses to approve or disapprove an application, including
how an applicant demonstrates financial viability for the Minnesota program, among other
criteria;

(2) the commissioner's process and time line for notifying an applicant when its
application is approved or disapproved and, if the application is disapproved, the explanation
the commissioner provides to the applicant; and

(3) any appeal or other recourse available to a disapproved applicant.

Subd. 3.

School food service fund.

(a) The expenses described in this subdivision must
be recorded as provided in this subdivision.

(b) In each district, the expenses for a school food service program for pupils must be
attributed to a school food service fund. Under a food service program, the school food
service may prepare or serve milk, meals, or snacks in connection with school or community
service activities.

(c) Revenues and expenditures for food service activities must be recorded in the food
service fund. The costs of processing applications, accounting for meals, preparing and
serving food, providing kitchen custodial services, and other expenses involving the preparing
of meals or the kitchen section of the lunchroom may be charged to the food service fund
or to the general fund of the district. The costs of lunchroom supervision, lunchroom custodial
services, lunchroom utilities, and other administrative costs of the food service program
must be charged to the general fund.

That portion of superintendent and fiscal manager costs that can be documented as
attributable to the food service program may be charged to the food service fund provided
that the school district does not employ or contract with a food service director or other
individual who manages the food service program, or food service management company.
If the cost of the superintendent or fiscal manager is charged to the food service fund, the
charge must be at a wage rate not to exceed the statewide average for food service directors
as determined by the department.

(d) Capital expenditures for the purchase of food service equipment must be made from
the general fund and not the food service fund, unless the restricted balance in the food
service fund at the end of the last fiscal year is greater than the cost of the equipment to be
purchased.

(e) If the condition set out in paragraph (d) applies, the equipment may be purchased
from the food service fund.

(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit
is not eliminated by revenues from food service operations in the next fiscal year, then the
deficit must be eliminated by a permanent fund transfer from the general fund at the end of
that second fiscal year. However, if a district contracts with a food service management
company during the period in which the deficit has accrued, the deficit must be eliminated
by a payment from the food service management company.

(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service fund
for up to three years without making the permanent transfer if the district submits to the
commissioner by January 1 of the second fiscal year a plan for eliminating that deficit at
the end of the third fiscal year.

(h) If a surplus in the food service fund exists at the end of a fiscal year for three
successive years, a district may recode for that fiscal year the costs of lunchroom supervision,
lunchroom custodial services, lunchroom utilities, and other administrative costs of the food
service program charged to the general fund according to paragraph (c) and charge those
costs to the food service fund in a total amount not to exceed the amount of surplus in the
food service fund.

Subd. 4.

No fees.

A participant that receives school lunch aid under this section must
make lunch available without chargenew text begin and must not deny a school lunchnew text end to all participating
students who qualify for free or reduced-price mealsnew text begin, whether or not that student has an
outstanding balance in the student's meals account attributable to a la carte purchases or for
any other reason
new text end.

new text begin Subd. 5. new text end

new text begin Respectful treatment. new text end

new text begin(a) new text endThe participant must also new text beginprovide meals to students
in a respectful manner according to the policy adopted under subdivision 1. The participant
must
new text endensure that any reminders for payment of outstanding student meal balances do not
demean or stigmatize any child participating in the school lunch programdeleted text begin.deleted text endnew text begin, including but
not limited to dumping meals, withdrawing a meal that has been served, announcing or
listing students names publicly, or affixing stickers, stamps, or pins. The participant must
not impose any other restriction prohibited under section 123B.37 due to unpaid student
meal balances. The participant must not limit a student's participation in any school activities,
graduation ceremonies, field trips, athletics, activity clubs, or other extracurricular activities
or access to materials, technology, or other items provided to students due to an unpaid
student meal balance.
new text end

new text begin (b) If the commissioner or the commissioner's designee determines a participant has
violated the requirement to provide meals to participating students in a respectful manner,
the commissioner or the commissioner's designee must send a letter of noncompliance to
the participant. The participant is required to respond and, if applicable, remedy the practice
within 60 days.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 7.

Minnesota Statutes 2016, section 125B.26, subdivision 4, is amended to read:


Subd. 4.

District aid.

deleted text beginFor fiscal year 2006 and later,deleted text end A district, charter school, or
intermediate school district's Internet access equity aid equals the district, charter school,
or intermediate school district's approved cost for the previous fiscal year according to
subdivision 1 deleted text beginexceeding $16 times the district's adjusted pupil units for the previous fiscal
year or no reduction if the district is part of an organized telecommunications access cluster
deleted text end.
Equity aid must be distributed to the telecommunications access cluster for districts, charter
schools, or intermediate school districts that are members of the cluster or to individual
districts, charter schools, or intermediate school districts not part of a telecommunications
access cluster.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2019 and later.
new text end

Sec. 8.

Minnesota Statutes 2016, section 134.355, subdivision 10, is amended to read:


Subd. 10.

Award of funds.

new text begin(a) new text endThe commissioner of education deleted text beginshalldeleted text endnew text begin mustnew text end develop an
application and a reporting form and procedures for regional library telecommunications
aid. Aid shall be based on actual costs including, but not limited to, connections, as
documented in e-rate funding commitment decision letters for category one services and
acceptable documentation for category two services and funds available for this purpose.
The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end make payments directly to the regional public library system.

new text begin (b) On March 15 of 2019, 2020, and 2021, the commissioner of education must reallocate
any unspent amounts appropriated for paragraph (a) to regional library systems for broadband
innovation programs, including equipment purchases, hot spot access devices, and other
programs designed to increase Internet access.
new text end

new text begin (c) By January 15 of 2020, 2021, and 2022, the commissioner of education must report
to the legislative committees with jurisdiction over education on the previous fiscal year's
spending under this subdivision and make any recommendations for necessary program
changes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2016, section 205A.07, subdivision 2, is amended to read:


Subd. 2.

Sample ballot, posting.

new text begin(a) new text endFor every school district primary, general, or special
election, the school district clerk deleted text beginshalldeleted text endnew text begin mustnew text end at least four days before the primary, general,
or special election, post a sample ballot in the administrative offices of the school district
for public inspection, and deleted text beginshalldeleted text endnew text begin mustnew text end post a sample ballot in each polling place on election
day.

new text begin (b) For a school district general or special election to issue bonds to finance a capital
project requiring review and comment under section 123B.71, the summary of the
commissioner's review and comment and supplemental information required under section
123B.71, subdivision 12, paragraph (a), must be posted in the same manner as the sample
ballot under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held on or after August 1,
2018.
new text end

Sec. 10.

Minnesota Statutes 2016, section 299F.30, subdivision 1, is amended to read:


Subdivision 1.

Duties of fire marshal.

Consistent with sections 121A.035, 121A.037,
and this section, it deleted text beginshall bedeleted text endnew text begin isnew text end the duty of the state fire marshal, deputies and assistants, to
require public and private schools and educational institutions to have at least five fire drills
each school yearnew text begin, including at least three drills as provided under subdivision 2, paragraph
(a),
new text end and to keep all doors and exits unlocked from the inside of the building during school
hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2016, section 299F.30, subdivision 2, is amended to read:


Subd. 2.

Fire drill.

new text begin(a) new text endEach superintendent, principal, or other person in charge of a
public or private school, educational institution, children's home or orphanage housing 20
or more students or other persons, deleted text beginshalldeleted text endnew text begin mustnew text end instruct and train such students or other persons
to quickly and expeditiously quit the premises in case of fire or other emergency by means
of drills or rapid dismissals while such school, institution, home, or orphanage is in operation.

new text begin (b) In addition to the drills required under paragraph (a), a public or private school or
educational institution may implement an alternative fire drill that does not require students
or other persons to quit the premises. A school or educational institution choosing to develop
and implement nonevacuating fire drill protocols must work in partnership with the local
fire chief or the fire chief's designee and chief law enforcement officers or their designee.
new text end

new text begin (c)new text end Records of deleted text beginsuchdeleted text endnew text begin firenew text end drills deleted text beginshalldeleted text endnew text begin mustnew text end be posted so that such records are available for
review by the state fire marshal at all times and deleted text beginshalldeleted text endnew text begin mustnew text end include the new text begintype of drill conducted,
nonevacuation or evacuation, and
new text enddrill date and the time required to evacuate the buildingnew text begin,
if the drill required an evacuation
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2016, section 475.58, subdivision 4, is amended to read:


Subd. 4.

Proper use of bond proceeds.

The proceeds of obligations issued after approval
of the electors under this section deleted text beginmaydeleted text endnew text begin mustnew text end only be spent: (1) for the purposes stated in the
ballot language; or (2) to pay, redeem, or defease obligations and interest, penalties,
premiums, and costs of issuance of the obligations. The proceeds deleted text beginmaydeleted text endnew text begin mustnew text end not be spent
for a different purpose or for an expansion of the original purpose without the approval by
a majority of the electors voting on the question of changing or expanding the purpose of
the obligations.

Sec. 13.

Minnesota Statutes 2017 Supplement, section 475.59, subdivision 1, is amended
to read:


Subdivision 1.

Generally; notice.

new text begin(a) new text endWhen the governing body of a municipality resolves
to issue bonds for any purpose requiring the approval of the electors, it shall provide for
submission of the proposition of their issuance at a general or special election or town or
school district meeting. Notice of such election or meeting shall be given in the manner
required by law and shall state the maximum amount and the purpose of the proposed issue.

new text begin (b)new text end In any school district, the school board or board of education may, according to its
judgment and discretion, submit as a single ballot question or as two or more separate
questions in the notice of election and ballots the proposition of their issuance for any one
or more of the following, stated conjunctively or in the alternative: acquisition or enlargement
of sites, acquisition, betterment, erection, furnishing, equipping of one or more new
schoolhouses, remodeling, repairing, improving, adding to, betterment, furnishing, equipping
of one or more existing schoolhouses.new text begin The ballot question or questions submitted by a school
board must state the name of the plan or plans being proposed by the district as submitted
to the commissioner of education for review and comment under section 123B.71.
new text end

new text begin (c)new text end In any city, town, or county, the governing body may, according to its judgment and
discretion, submit as a single ballot question or as two or more separate questions in the
notice of election and ballots the proposition of their issuance, stated conjunctively or in
the alternative, for the acquisition, construction, or improvement of any facilities at one or
more locations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held on or after August 1,
2018.
new text end

Sec. 14.

Laws 2017, First Special Session chapter 5, article 5, section 14, subdivision 4,
is amended to read:


Subd. 4.

Equity in telecommunications accessnew text begin aidnew text end.

new text begin(a) new text endFor equity in telecommunications
accessnew text begin aid under Minnesota Statutes, section 125B.26new text end:

$
3,750,000
.....
2018
$
deleted text begin 3,750,000 deleted text end new text begin
3,950,000
new text end
.....
2019

new text begin (b) new text endIf the appropriation amount is insufficient, the commissioner shall reduce the
reimbursement rate in Minnesota Statutes, section 125B.26, subdivisions 4 and 5, and the
revenue for fiscal years 2018 and 2019 shall be prorated.

new text begin (c) new text endAny balance in the first year does not cancel but is available in the second year.

new text begin (d) The base for fiscal year 2020 is $3,750,000.
new text end

Sec. 15.

Laws 2017, First Special Session chapter 5, article 7, section 2, subdivision 5, is
amended to read:


Subd. 5.

Regional library telecommunications aid.

new text begin(a) new text endFor regional library
telecommunications aid under Minnesota Statutes, section 134.355:

$
2,300,000
.....
2018
$
2,300,000
.....
2019

new text begin (b) new text endThe 2018 appropriation includes $230,000 for 2017 and $2,070,000 for 2018.

new text begin (c) new text endThe 2019 appropriation includes $230,000 for 2018 and $2,070,000 for 2019.

new text begin (d) Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sum indicated in this section is
appropriated from the general fund to the Department of Education for the fiscal year
designated.
new text end

new text begin Subd. 2. new text end

new text begin Fiscal year 2019 additional telecommunications equity access aid. new text end

new text begin (a) For
additional telecommunications equity access aid under Minnesota Statutes, section 125B.26:
new text end

new text begin $
new text end
new text begin 362,000
new text end
new text begin .....
new text end
new text begin 2019
new text end

new text begin (b) For fiscal year 2019 only, a school district or charter school is eligible for additional
telecommunications equity access aid equal to the greater of zero or:
new text end

new text begin (1) the district's approved costs under Minnesota Statutes, section 125B.26, subdivision
1; minus
new text end

new text begin (2) the district's aid under Minnesota Statutes, section 125B.26, subdivision 4; minus
new text end

new text begin (3) $7 times the adjusted pupil units.
new text end

new text begin (c) This is a onetime appropriation. If the appropriation amount is insufficient, the
commissioner must prorate the additional aid.
new text end

ARTICLE 52

EARLY EDUCATION, SELF-SUFFICIENCY, AND LIFELONG LEARNING

Section 1.

Minnesota Statutes 2016, section 124D.151, subdivision 2, is amended to read:


Subd. 2.

Program requirements.

(a) A voluntary prekindergarten program provider
must:

(1) provide instruction through play-based learning to foster children's social and
emotional development, cognitive development, physical and motor development, and
language and literacy skills, including the native language and literacy skills of English
learners, to the extent practicable;

(2) measure each child's cognitive and social skills using a formative measure aligned
to the state's early learning standards when the child enters and again before the child leaves
the program, screening and progress monitoring measures, and deleted text beginothersdeleted text endnew text begin other age-appropriate
versions
new text end from the state-approved menu of kindergarten entry profile measures;

(3) provide comprehensive program content including the implementation of curriculum,
assessment, and instructional strategies aligned with the state early learning standards, and
kindergarten through grade 3 academic standards;

(4) provide instructional content and activities that are of sufficient length and intensity
to address learning needs including offering a program with at least 350 hours of instruction
per school year for a prekindergarten student;

(5) provide voluntary prekindergarten instructional staff salaries comparable to the
salaries of local kindergarten through grade 12 instructional staff;

(6) coordinate appropriate kindergarten transition with families, community-based
prekindergarten programs, and school district kindergarten programs;

(7) involve parents in program planning and transition planning by implementing parent
engagement strategies that include culturally and linguistically responsive activities in
prekindergarten through third grade that are aligned with early childhood family education
under section 124D.13;

(8) coordinate with relevant community-based services, including health and social
service agencies, to ensure children have access to comprehensive services;

(9) coordinate with all relevant school district programs and services including early
childhood special education, homeless students, and English learners;

(10) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children;

(11) provide high-quality coordinated professional development, training, and coaching
for both school district and community-based early learning providers that is informed by
a measure of adult-child interactions and enables teachers to be highly knowledgeable in
early childhood curriculum content, assessment, native and English language development
programs, and instruction; and

(12) implement strategies that support the alignment of professional development,
instruction, assessments, and prekindergarten through grade 3 curricula.

(b) A voluntary prekindergarten program must have teachers knowledgeable in early
childhood curriculum content, assessment, native and English language programs, and
instruction.

(c) Districts and charter schools must include their strategy for implementing and
measuring the impact of their voluntary prekindergarten program under section 120B.11
and provide results in their world's best workforce annual summary to the commissioner of
education.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 124D.151, subdivision 5, is amended
to read:


Subd. 5.

Application process; priority for high poverty schools.

(a) deleted text beginTo qualify for
program approval for fiscal year 2017, a district or charter school must submit an application
to the commissioner by July 1, 2016.
deleted text end To qualify for program approval deleted text beginfor fiscal year 2018
and later
deleted text end, a district or charter school must submit an application to the commissioner by
January 30 of the fiscal year prior to the fiscal year in which the program will be
implemented. The application must include:

(1) a description of the proposed program, including the number of hours per week the
program will be offered at each school site or mixed-delivery location;

(2) an estimate of the number of eligible children to be served in the program at each
school site or mixed-delivery location; and

(3) a statement of assurances signed by the superintendent or charter school director that
the proposed program meets the requirements of subdivision 2.

(b) The commissioner must review all applications submitted deleted text beginfor fiscal year 2017 by
August 1, 2016, and must review all applications submitted for fiscal year 2018 and later
deleted text end
by March 1 of the fiscal year in which the applications are received and determine whether
each application meets the requirements of paragraph (a).

(c) The commissioner must divide all applications for new or expanded voluntary
prekindergarten programs under this section meeting the requirements of paragraph (a) and
school readiness plus programs into deleted text beginfourdeleted text endnew text begin fivenew text end groups as follows: the Minneapolis deleted text beginanddeleted text endnew text begin school
district; the
new text end St. Paul school deleted text begindistrictsdeleted text endnew text begin districtnew text end; other school districts located in the metropolitan
equity region as defined in section 126C.10, subdivision 28; school districts located in the
rural equity region as defined in section 126C.10, subdivision 28; and charter schools.
Within each group, the applications must be ordered by rank using a sliding scale based on
the following criteria:

(1) concentration of kindergarten students eligible for free or reduced-price lunches by
school site on October 1 of the previous school year. A school site may contract to partner
with a community-based provider or Head Start under subdivision 3 or establish an early
childhood center and use the concentration of kindergarten students eligible for free or
reduced-price meals from a specific school site as long as those eligible children are
prioritized and guaranteed services at the mixed-delivery site or early education center. For
school district programs to be operated at locations that do not have free and reduced-price
lunch concentration data for kindergarten programs for October 1 of the previous school
year, including mixed-delivery programs, the school district average concentration of
kindergarten students eligible for free or reduced-price lunches must be used for the rank
ordering;

(2) presence or absence of a three- or four-star Parent Aware rated program within the
school district or close proximity of the district. School sites with the highest concentration
of kindergarten students eligible for free or reduced-price lunches that do not have a three-
or four-star Parent Aware program within the district or close proximity of the district shall
receive the highest priority, and school sites with the lowest concentration of kindergarten
students eligible for free or reduced-price lunches that have a three- or four-star Parent
Aware rated program within the district or close proximity of the district shall receive the
lowest priority; and

(3) whether the district has implemented a mixed delivery system.

(d) The limit on participation for the programs as specified in subdivision 6 must initially
be allocated among the deleted text beginfourdeleted text endnew text begin fivenew text end groups based on each group's percentage share of the
statewide kindergarten enrollment on October 1 of the previous school year. Within each
group, the participation limit for fiscal years 2018 and 2019 must first be allocated to school
sites approved for aid in the previous year to ensure that those sites are funded for the same
number of participants as approved for the previous year. The remainder of the participation
limit for each group must be allocated among school sites in priority order until that region's
share of the participation limit is reached. If the participation limit is not reached for all
groups, the remaining amount must be allocated to the highest priority school sites, as
designated under this section, not funded in the initial allocation on a statewide basis. For
fiscal year 2020 and later, the participation limit must first be allocated to school sites
approved for aid in fiscal year 2017, and then to school sites approved for aid in fiscal year
2018 based on the statewide rankings under paragraph (c).

(e) Once a school site or a mixed delivery site under subdivision 3 is approved for aid
under this subdivision, it shall remain eligible for aid if it continues to meet program
requirements, regardless of changes in the concentration of students eligible for free or
reduced-price lunches.

(f) If the total number of participants approved based on applications submitted under
paragraph (a) is less than the participation limit under subdivision 6, the commissioner must
notify all school districts and charter schools of the amount that remains available within
30 days of the initial application deadline under paragraph (a), and complete a second round
of allocations based on applications received within 60 days of the initial application deadline.

(g) Procedures for approving applications submitted under paragraph (f) shall be the
same as specified in paragraphs (a) to (d), except that the allocations shall be made to the
highest priority school sites not funded in the initial allocation on a statewide basis.

Sec. 3.

Minnesota Statutes 2017 Supplement, section 124D.151, subdivision 6, is amended
to read:


Subd. 6.

Participation limits.

(a) Notwithstanding section 126C.05, subdivision 1,
paragraph (d), the pupil units for a voluntary prekindergarten program for an eligible school
district or charter school must not exceed 60 percent of the kindergarten pupil units for that
school district or charter school under section 126C.05, subdivision 1, paragraph (e).

deleted text begin (b) In reviewing applications under subdivision 5, the commissioner must limit the
estimated state aid entitlement approved under this section to $27,092,000 for fiscal year
2017. If the actual state aid entitlement based on final data exceeds the limit in any year,
the aid of the participating districts must be prorated so as not to exceed the limit.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end The commissioner must limit the total number of funded participants in the
voluntary prekindergarten program under this section to not more than 3,160.

deleted text begin (d)deleted text endnew text begin (c)new text end Notwithstanding paragraph deleted text begin(c)deleted text endnew text begin (b)new text end, the commissioner must limit the total number
of participants in the voluntary prekindergarten and school readiness plus programs to not
more than 6,160 participants for fiscal year 2018 and 7,160 participants for fiscal year 2019.

Sec. 4.

Minnesota Statutes 2017 Supplement, section 124D.165, subdivision 2, is amended
to read:


Subd. 2.

Family eligibility.

(a) For a family to receive an early learning scholarship,
parents or guardians must meet the following eligibility requirements:

(1) have an eligible child; and

(2) have income equal to or less than 185 percent of federal poverty level income in the
current calendar year, or be able to document their child's current participation in the free
and reduced-price lunch program or Child and Adult Care Food Program, National School
Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food Distribution
Program on Indian Reservations, Food and Nutrition Act, United States Code, title 7, sections
2011-2036; Head Start under the federal Improving Head Start for School Readiness Act
of 2007; Minnesota family investment program under chapter 256J; child care assistance
programs under chapter 119B; the supplemental nutrition assistance program; or placement
in foster care under section 260C.212.new text begin Parents or guardians are not required to provide
income verification under this clause if the child is an eligible child under paragraph (b),
clause (4) or (5).
new text end

(b) An "eligible child" means a child who has not yet enrolled in kindergarten and is:

(1) at least three but not yet five years of age on September 1 of the current school year;

(2) a sibling from birth to age five of a child who has been awarded a scholarship under
this section provided the sibling attends the same program as long as funds are available;

(3) the child of a parent under age 21 who is pursuing a high school degree or a course
of study for a high school equivalency test; deleted text beginor
deleted text end

deleted text begin (4) homeless, in foster care, or in need of child protective services.
deleted text end

new text begin (4) designated as a child in need of protection or services; or
new text end

new text begin (5) designated as homeless under the federal McKinney-Vento Homeless Assistance
Act, United States Code, title 42, section 11434a.
new text end

(c) A child who has received a scholarship under this section must continue to receive
a scholarship each year until that child is eligible for kindergarten under section 120A.20
and as long as funds are available.

(d) Early learning scholarships may not be counted as earned income for the purposes
of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota
family investment program under chapter 256J, child care assistance programs under chapter
119B, or Head Start under the federal Improving Head Start for School Readiness Act of
2007.

(e) A child from an adjoining state whose family resides at a Minnesota address as
assigned by the United States Postal Service, who has received developmental screening
under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district,
and whose family meets the criteria of paragraph (a) is eligible for an early learning
scholarship under this section.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 124D.165, subdivision 3, is amended
to read:


Subd. 3.

Administration.

(a) The commissioner shall establish application timelines
and determine the schedule for awarding scholarships that meets operational needs of eligible
families and programs. The commissioner must give highest priority to applications from
children who:

(1) have a parent under age 21 who is pursuing a high school diploma or a course of
study for a high school equivalency test;

(2) are in foster care or otherwise in need of protection or services; or

(3) have experienced homelessness in the last 24 months, as defined under the federal
McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 11434a.

The commissioner may prioritize applications on additional factors including family
income, geographic location, and whether the child's family is on a waiting list for a publicly
funded program providing early education or child care services.

(b) The commissioner shall establish a target for the average scholarship amount per
child based on the results of the rate survey conducted under section 119B.02.

(c) A four-star rated program that has children eligible for a scholarship enrolled in or
on a waiting list for a program beginning in July, August, or September may notify the
commissioner, in the form and manner prescribed by the commissioner, each year of the
program's desire to enhance program services or to serve more children than current funding
provides. The commissioner may designate a predetermined number of scholarship slots
for that program and notify the program of that number. For fiscal year 2018 and later, the
statewide amount of funding directly designated by the commissioner must not exceed the
funding directly designated for fiscal year 2017. Beginning July 1, 2016, a school district
or Head Start program qualifying under this paragraph may use its established registration
process to enroll scholarship recipients and may verify a scholarship recipient's family
income in the same manner as for other program participants.

(d) A scholarship is awarded for a 12-month period. If the scholarship recipient has not
been accepted and subsequently enrolled in a rated program within ten months of the
awarding of the scholarship, the scholarship cancels and the recipient must reapply in order
to be eligible for another scholarship. A child may not be awarded more than one scholarship
in a 12-month period.

(e) A child new text beginover the age of three new text endwho receives a scholarship deleted text beginwhodeleted text endnew text begin andnew text end has not completed
development screening under sections 121A.16 to 121A.19 must complete that screening
within 90 days of first attending an eligible program.new text begin A child who receives a scholarship
before the age of three must complete the developmental screening no later than 90 days
after the child's third birthday.
new text end

(f) For fiscal year 2017 and later, a school district or Head Start program enrolling
scholarship recipients under paragraph (c) may apply to the commissioner, in the form and
manner prescribed by the commissioner, for direct payment of state aid. Upon receipt of
the application, the commissioner must pay each program directly for each approved
scholarship recipient enrolled under paragraph (c) according to the metered payment system
or another schedule established by the commissioner.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 124D.165, subdivision 4, is amended
to read:


Subd. 4.

Early childhood program eligibility.

(a) In order to be eligible to accept an
early learning scholarship, a program must:

(1) participate in the quality rating and improvement system under section 124D.142;
and

(2) beginning July 1, 2020, have a three- or four-star rating in the quality rating and
improvement system.

(b) Any program accepting scholarships must use the revenue to supplement and not
supplant federal funding.

deleted text begin (c) Notwithstanding paragraph (a), all Minnesota early learning foundation scholarship
program pilot sites are eligible to accept an early learning scholarship under this section.
deleted text end

Sec. 7.

Minnesota Statutes 2017 Supplement, section 124D.549, is amended to read:


124D.549 COMMISSIONER-SELECTED HIGH SCHOOL EQUIVALENCY
deleted text begin TESTdeleted text endnew text begin TESTSnew text end.

The commissioner, in consultation with adult basic education stakeholders, must select
deleted text begin adeleted text endnew text begin at least onenew text end high school equivalency test. The commissioner may issue a high school
equivalency diploma to a Minnesota resident 19 years of age or older who has not earned
a high school diploma, who has not previously been issued a deleted text begingeneral education development
(GED) certification
deleted text endnew text begin high school equivalency diplomanew text end, and who has exceeded or achieved
a minimum passing score on deleted text beginthedeleted text endnew text begin an approvednew text end equivalency test established by the publisher.
The commissioner of education may waive the minimum age requirement if supportive
evidence is provided by an employer or a recognized education or rehabilitation provider.

Sec. 8.

Minnesota Statutes 2017 Supplement, section 124D.99, subdivision 3, is amended
to read:


Subd. 3.

Administration; design.

(a) The commissioner shall establish program
requirements, an application process and timeline for each tier of grants specified in
subdivision 4, criteria for evaluation of applications, and a grant awards process. The
commissioner's process must minimize administrative costs, minimize burdens for applicants
and grant recipients, and provide a framework that permits flexibility in program design
and implementation among grant recipients.

(b) To the extent practicable, the commissioner shall design the program to align with
programs implemented or proposed by organizations in Minnesota that:

(1) identify and increase the capacity of organizations that are focused on achieving
data-driven, locally controlled positive outcomes for children and youth throughout an entire
neighborhood or geographic area through programs such as Strive Together, Promise
Neighborhood, and the Education Partnerships Coalition members;

(2) build a continuum of educational family and community supports with academically
rigorous schools at the center;

(3) maximize program efficiencies by integrating programmatic activities and eliminating
administrative barriers;

(4) develop local infrastructure needed to sustain and scale up proven and effective
solutions beyond the initial neighborhood or geographic area; deleted text beginand
deleted text end

(5) utilize appropriate outcome measures based on unique community needs and interests
and apply rigorous evaluation on a periodic basis to be used to both monitor outcomes and
allow for continuous improvements to systemsdeleted text begin.deleted text endnew text begin;
new text end

new text begin (6) collect and utilize data to improve student outcomes;
new text end

new text begin (7) share disaggregated performance data with the community to set community-level
outcomes;
new text end

new text begin (8) employ continuous improvement processes;
new text end

new text begin (9) have an anchor entity to manage the partnership;
new text end

new text begin (10) convene a cross-sector leadership group and have a documented accountability
structure; and
new text end

new text begin (11) demonstrate use of nonstate funds, from multiple sources, including in-kind
contributions.
new text end

(c) A grant recipient's supportive services programming must address:

(1) kindergarten readiness and youth development;

(2) grade 3 reading proficiency;

new text begin (3) middle school mathematics;
new text end

deleted text begin (3)deleted text endnew text begin (4)new text end high school graduation;

deleted text begin (4)deleted text endnew text begin (5)new text end postsecondary educational deleted text beginattainmentdeleted text endnew text begin enrollmentnew text end;

new text begin (6) postsecondary education completion;
new text end

deleted text begin (5)deleted text endnew text begin (7)new text end physical and mental health;

deleted text begin (6)deleted text endnew text begin (8)new text end development of career skills and readiness;

deleted text begin (7)deleted text endnew text begin (9)new text end parental engagement and development;

deleted text begin (8)deleted text endnew text begin (10)new text end community engagement and programmatic alignment; and

deleted text begin (9)deleted text endnew text begin (11)new text end reduction of remedial education.

(d) The commissioner, in consultation with grant recipients, must:

(1) develop and revise core indicators of progress toward outcomes specifying impacts
for each tier identified under subdivision 4;

(2) establish a reporting system for grant recipients to measure program outcomes using
data sources and program goals; and

(3) evaluate effectiveness based on the core indicators established by each partnership
for each tier.

Sec. 9.

Minnesota Statutes 2017 Supplement, section 124D.99, subdivision 5, is amended
to read:


Subd. 5.

Grants.

new text begin(a) new text endThe commissioner shall award Tier 1 and Tier 2 grants to qualifying
recipients that can demonstrate a nonstate source of funds, including in-kind contributions.

new text begin (b) For Tier 2 grants authorized for fiscal year 2020 and later, the commissioner must
give priority to otherwise qualified past grant recipients that have made progress toward
identified program outcomes under subdivision 3, paragraph (d).
new text end

Sec. 10.

Minnesota Statutes 2017 Supplement, section 136A.246, subdivision 4, is amended
to read:


Subd. 4.

Application.

Applications must be made to the commissioner on a form provided
by the commissioner. The commissioner must, to the extent possible, make the application
form as short and simple to complete as is reasonably possible. The commissioner shall
establish a schedule for applications and grants. The application must include, without
limitation:

(1) the projected number of employee trainees;

(2) the number of projected employee trainees who graduated from high school or passed
deleted text begin thedeleted text endnew text begin anew text end commissioner of education-selected high school equivalency test in the current or
immediately preceding calendar year;

(3) the competency standard for which training will be provided;

(4) the credential the employee will receive upon completion of training;

(5) the name and address of the training institution or program and a signed statement
by the institution or program that it is able and agrees to provide the training;

(6) the period of the training; and

(7) the cost of the training charged by the training institution or program and certified
by the institution or program. The cost of training includes tuition, fees, and required books
and materials.

An application may be made for training of employees of multiple employers either by
the employers or by an organization on their behalf.

Sec. 11.

Minnesota Statutes 2017 Supplement, section 155A.30, subdivision 12, is amended
to read:


Subd. 12.

Minnesota state authorization.

A cosmetology school licensed or applying
for licensure under this section shall maintain recognition as an institution of postsecondary
study by meeting the following conditions, in addition to the provisions of Minnesota Rules,
deleted text begin partsdeleted text endnew text begin partnew text end 2110.0310 deleted text beginand 2110.0370deleted text end:

(1) the school must admit as regular students only those individuals who have a high
school diploma or a diploma based on passing new text begina new text endcommissioner of education-selected high
school equivalency deleted text begintests or their equivalentdeleted text endnew text begin testnew text end, or who are beyond the age of compulsory
education as prescribed by section 120A.22; and

(2) the school must be licensed by name and authorized by the Office of Higher Education
and the board to offer one or more training programs beyond the secondary level.

Sec. 12.

Minnesota Statutes 2016, section 245C.02, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin National criminal history record check. new text end

new text begin (a) "National criminal history record
check" means a check of records maintained by the Federal Bureau of Investigation through
submission of fingerprints through the Minnesota Bureau of Criminal Apprehension to the
Federal Bureau of Investigation when specifically required by law.
new text end

new text begin (b) For purposes of this chapter, "national crime information database," "national criminal
records repository," "criminal history with the Federal Bureau of Investigation," and "national
criminal record check" mean a national criminal history record check defined in paragraph
(a).
new text end

Sec. 13.

Minnesota Statutes 2016, section 245C.12, is amended to read:


245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.

(a) For the purposes of background studies completed by tribal organizations performing
licensing activities otherwise required of the commissioner under this chapter, after obtaining
consent from the background study subject, tribal licensing agencies shall have access to
criminal history data in the same manner as county licensing agencies and private licensing
agencies under this chapter.

(b) Tribal organizations may contract with the commissioner to obtain background study
data on individuals under tribal jurisdiction related to adoptions according to section 245C.34.
Tribal organizations may also contract with the commissioner to obtain background study
data on individuals under tribal jurisdiction related to child foster care according to section
245C.34.

(c) For the purposes of background studies completed to comply with a tribal
organization's licensing requirements for individuals affiliated with a tribally licensed nursing
facility, the commissioner shall obtain criminal history data from the National Criminal
Records Repository in accordance with section 245C.32.

new text begin (d) Tribal organizations may contract with the commissioner to conduct background
studies or obtain background study data on individuals affiliated with a child care program
sponsored, managed, or licensed by a tribal organization. Studies conducted under this
paragraph require the commissioner to conduct a national criminal history record check as
defined in section 245C.02, subdivision 5a. Any tribally affiliated child care program that
does not contract with the commissioner to conduct background studies is exempt from the
relevant requirements in this chapter. A study conducted under this paragraph must include
all components of studies for certified license-exempt child care centers under this chapter
to be transferable to other child care entities.
new text end

Sec. 14.

new text begin [245C.121] BACKGROUND STUDY; HEAD START PROGRAMS.
new text end

new text begin Head Start programs that receive funding disbursed under section 119A.52 may contract
with the commissioner to conduct background studies and obtain background study data
on individuals affiliated with a Head Start program. Studies conducted under this paragraph
require the commissioner to conduct a national criminal history record check as defined in
section 245C.02, subdivision 5a. Any Head Start program site that does not contract with
the commissioner, is not licensed, and is not registered to receive funding under chapter
119B is exempt from the relevant requirements in this chapter. Nothing in this paragraph
supersedes requirements for background studies in this chapter, chapter 119B, or child care
centers under chapter 245H that are related to licensed child care programs or programs
registered to receive funding under chapter 119B. A study conducted under this paragraph
must include all components of studies for certified license-exempt child care centers under
this chapter to be transferable to other child care entities.
new text end

Sec. 15.

Laws 2017, First Special Session chapter 5, article 9, section 2, subdivision 7, is
amended to read:


Subd. 7.

Tier 2 implementing grants.

(a) For Tier 2 implementing grants under
Minnesota Statutes, section 124D.99:

$
480,000
.....
2018
$
deleted text begin 480,000
deleted text end new text begin 553,000
new text end
.....
2019

(b) For fiscal years 2018 and 2019 only, $160,000 each year is for the Northfield Healthy
Community Initiative in Northfield; $160,000 is for the Jones Family Foundation for the
Every Hand Joined program in Red Wing; and $160,000 is for the United Way of Central
Minnesota for the Partners for Student Success program.

(c) new text beginFor fiscal year 2019 only, $73,000 is for the United Way of Central Minnesota for
the Promise Neighborhood of Central Minnesota.
new text end

new text begin (d) new text endThe base funding for Tier 2 implementing grants is $480,000. The commissioner
must competitively award all grants under this subdivision for fiscal year 2020 and laterdeleted text begin.deleted text endnew text begin
according to the criteria in Minnesota Statutes, section 124D.99, subdivision 3.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end Any balance in the first year does not cancel but is available in the second year.

ARTICLE 53

STATE AGENCIES

Section 1.

Minnesota Statutes 2016, section 128C.03, is amended to read:


128C.03 new text beginELIGIBILITY BYLAWS, POLICIES, AND new text endPROCEDURES.

new text begin Subdivision 1. new text end

new text begin Public input and access to proposed eligibility bylaws, policies, and
procedures.
new text end

new text begin(a) new text endThe league shall adopt procedures to ensure public notice of all eligibility
deleted text begin rules anddeleted text endnew text begin bylaws,new text end policiesnew text begin, and proceduresnew text end that will afford the opportunity for public hearings
on proposed eligibility deleted text beginrulesdeleted text endnew text begin bylaws, policies, and proceduresnew text end. If requested by deleted text begin100deleted text endnew text begin 25new text end or
more parents or guardians of students, the public hearing must be conducted by an
administrative law judge from the Office of Administrative Hearings,new text begin ornew text end by a person hired
under contract by the Office of Administrative Hearingsdeleted text begin, or by an independent hearing
officer appointed by the commissioner of education from a list maintained for that purpose
deleted text end.
At the conclusion of a new text beginpublic new text endhearing deleted text beginrequested by 100 or more parents or guardians of
students
deleted text end, the person conducting the hearing shall write a report evaluating the extent to
which the league has shown that the proposed deleted text beginrule isdeleted text endnew text begin bylaws, policies, and procedures arenew text end
needed and reasonable and the legality of the proposed deleted text beginruledeleted text endnew text begin bylaws, policies, and proceduresnew text end.
The league shall pay for hearings under this section.

new text begin (b) The league shall:
new text end

new text begin (1) maintain a public docket on the league's Web site that includes historical and proposed
changes in eligibility bylaws, policies, and procedures;
new text end

new text begin (2) post notice and final versions of all proposed changes to eligibility policies,
procedures, and definitions to the league Web site for at least 30 days prior to board meetings;
new text end

new text begin (3) include publication dates on all versions of the league's official handbook or other
advisory documents regarding league eligibility bylaws, policies, procedures, and definitions;
and
new text end

new text begin (4) reconcile and remove duplicate eligibility policies and procedures.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility review process. new text end

new text begin (a) The league must establish a process for student
eligibility review that provides students and parents with a reasonable opportunity to present
information regarding the student's eligibility. The league must:
new text end

new text begin (1) publish general criteria by which a request for review may qualify for a review by
the league's eligibility committee;
new text end

new text begin (2) publish general criteria by which a review may qualify for further review by an
independent hearing officer;
new text end

new text begin (3) indicate the conditions, timelines, and procedures for administering any review under
clause (1) or (2); and
new text end

new text begin (4) provide specific reasons for denying the request for reviews for which the league
denies a request.
new text end

new text begin (b) The eligibility review process contained in this section does not create a property
right or liberty interest in extracurricular varsity athletic competition.
new text end

Sec. 2.

Minnesota Statutes 2016, section 128C.20, is amended to read:


128C.20 new text beginLEAGUE INFORMATION REVIEW AND REPORT; new text endCOMMISSIONER
deleted text begin REVIEW OF LEAGUEdeleted text endnew text begin RECOMMENDATIONSnew text end.

Subdivision 1.

Annually.

new text begin(a) new text endEach yearnew text begin,new text end the deleted text begincommissioner of educationdeleted text endnew text begin leaguenew text end shall
deleted text begin obtain anddeleted text end review the following information deleted text beginabout the leaguedeleted text end:

(1) an accurate and concise summary of the annual financial and compliance audit
prepared by the state auditor that includes information about the compensation of and the
expenditures by the executive director of the league and league staff;

(2) a list of all complaints filed with the league and all lawsuits filed against the league
and the disposition of those complaints and lawsuits;

(3) an explanation of the executive director's performance review;

(4) information about the extent to which the league has implemented its affirmative
action policy, its comparable worth plan, and its sexual harassment and violence policy and
rules; deleted text beginand
deleted text end

(5) an evaluation of deleted text beginany proposed changes indeleted text end league deleted text beginpolicydeleted text endnew text begin bylaws, policies, procedures,
and definitions, including those that have been proposed, for compliance with Department
of Education programs and applicable state and federal law; and
new text end

new text begin (6) an explanation of recent and proposed changes to eligibility bylaws, policies, and
procedures, including the eligibility review process under section 128C.03, subdivision 2
new text end.

new text begin The league shall post the review on the league's Web site and present written copies of
the review to the commissioner of education and the chairs and ranking minority members
of the legislative committees with jurisdiction over kindergarten through grade 12 education.
new text end

new text begin (b) new text endThe commissioner may examine any league activities or league-related issues when
the commissioner believes this review is warranted.

Subd. 2.

Recommend laws.

The commissioner may recommend to the legislature
whether any legislation is made necessary by league activities.

Sec. 3.

Laws 2017, First Special Session chapter 5, article 11, section 9, subdivision 2, is
amended to read:


Subd. 2.

Department.

(a) For the Department of Education:

$
27,158,000
.....
2018
$
deleted text begin 24,874,000 deleted text end new text begin
25,059,000
new text end
.....
2019

Of these amounts:

(1) $231,000 each year is for the Board of School Administrators, and beginning in fiscal
year 2020, the amount indicated is from the educator licensure account in the special revenue
fund;

(2) $1,000,000 each year is for regional centers of excellence under Minnesota Statutes,
section 120B.115;

(3) $500,000 each year is for the school safety technical assistance center under Minnesota
Statutes, section 127A.052;

(4) $250,000 each year is for the School Finance Division to enhance financial data
analysis;

(5) $720,000 each year is for implementing Minnesota's Learning for English Academic
Proficiency and Success Act under Laws 2014, chapter 272, article 1, as amended;

(6) $2,750,000 in fiscal year 2018 and $500,000 in fiscal year 2019 are for the Department
of Education's mainframe update;

(7) $123,000 each year is for a dyslexia specialist; deleted text beginand
deleted text end

(8) $2,000,000 each year is for legal fees and costs associated with litigationnew text begin; and
new text end

new text begin (9) $185,000 in fiscal year 2019 only is for the Turnaround Arts programnew text end.

(b) Any balance in the first year does not cancel but is available in the second year.

(c) None of the amounts appropriated under this subdivision may be used for Minnesota's
Washington, D.C. office.

(d) The expenditures of federal grants and aids as shown in the biennial budget document
and its supplements are approved and appropriated and shall be spent as indicated.

(e) This appropriation includes funds for information technology project services and
support subject to the provisions of Minnesota Statutes, section 16E.0466. Any ongoing
information technology costs will be incorporated into the service level agreement and will
be paid to the Office of MN.IT Services by the Department of Education under the rates
and mechanism specified in that agreement.

(f) The agency's base is deleted text begin$22,054,000deleted text endnew text begin $22,139,000new text end for fiscal year 2020 and $21,965,000
for 2021.

new text begin (g) For the fiscal year 2018 appropriation only, any amounts remaining unspent in
paragraph (a), clause (8), as of June 30, 2018, must be reallocated according to paragraphs
(h), (i), and (j), for grants in fiscal year 2019.
new text end

new text begin (h) 50 percent of the amount under paragraph (g) must be allocated for additional
character development grants. This amount is available until June 30, 2021.
new text end

new text begin (i) 37.5 percent of the amount under paragraph (g) is for a grant to the For Jake's Sake
Foundation to collaborate with school districts throughout Minnesota to integrate
evidence-based substance misuse prevention instruction on the dangers of substance misuse,
particularly the use of opioids, into school district programs and curricula, including health
education curricula. Funds are to:
new text end

new text begin (1) identify effective substance misuse prevention tools and strategies, including
innovative uses of technology and media;
new text end

new text begin (2) develop and promote a comprehensive substance misuse prevention curriculum for
students in grades 5 through 12 that educates students and families about the dangers of
substance misuse;
new text end

new text begin (3) integrate substance misuse prevention into curricula across subject areas;
new text end

new text begin (4) train school district teachers, athletic coaches, and other school staff in effective
substance misuse prevention strategies; and
new text end

new text begin (5) collaborate with school districts to evaluate the effectiveness of districts' substance
misuse prevention efforts.
new text end

new text begin By February 15, 2019, the grantee must submit a report detailing expenditures and outcomes
of the grant to the chairs and ranking minority members of the legislative committees with
primary jurisdiction over kindergarten through grade 12 education policy and finance. The
report must identify the school districts that have implemented or plan to implement the
substance misuse prevention curriculum. This amount is available until June 30, 2021.
new text end

new text begin (j) 12.5 percent of the amount in paragraph (g) is for a grant to the Mind Foundry
Learning Foundation to run after-school STEM programming to inspire and educate
underserved youth in St. Paul about the value of STEM fields in 21st century work and
learning. This amount is available until June 30, 2021.
new text end

Sec. 4.

Laws 2017, First Special Session chapter 5, article 11, section 10, is amended to
read:


Sec. 10. APPROPRIATIONS; new text beginPROFESSIONAL EDUCATOR LICENSING AND
STANDARDS
new text endBOARD deleted text beginOF TEACHINGdeleted text end.

Subdivision 1.

Board deleted text beginof Teachingdeleted text end.

(a) The sums indicated in this section are appropriated
from the general fund to the Board of Teaching or any successor organization for the fiscal
years designated:

$
3,481,000
.....
2018
$
deleted text begin 3,493,000 deleted text end new text begin
3,518,000
new text end
.....
2019

(b) This appropriation includes funds for information technology project services and
support subject to Minnesota Statutes, section 16E.0466. Any ongoing information
technology costs will be incorporated into an interagency agreement and will be paid to the
Office of MN.IT Services by the Board of Teaching under the mechanism specified in that
agreement.

new text begin (c) The fiscal year 2019 appropriation includes $25,000 for developing a process for
districts to submit ethics complaints.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end Any balance in the first year does not cancel but is available in the second year.

deleted text begin (d)deleted text endnew text begin (e)new text end Beginning in fiscal year 2020, the amounts indicated are appropriated from the
educator licensure account in the special revenue fund or, if the amount in the educator
licensure account is insufficient, from the general fund to the Board of Teaching or any
successor organization. If a successor organization is established, the Department of
Administration must provide administrative support to the successor organization under
Minnesota Statutes, section 16B.371. The commissioner of administration must assess the
board for services provided under this section.

deleted text begin (e)deleted text endnew text begin (f)new text end The base for fiscal year 2020 is $2,734,000 and $2,709,000 for fiscal year 2021.

Subd. 2.

Licensure by portfolio.

For licensure by portfolio:

$
34,000
.....
2018
$
34,000
.....
2019

This appropriation is from the educator licensure portfolio account in the special revenue
fund.

Sec. 5.

Laws 2017, First Special Session chapter 5, article 11, section 12, is amended to
read:


Sec. 12. APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.

(a) The sums in this section are appropriated from the general fund to the Perpich Center
for Arts Education for the fiscal years designated:

$
deleted text begin 8,173,000
deleted text end new text begin 7,394,000
new text end
.....
2018
$
6,973,000
.....
2019

(b) Of the deleted text beginamounts appropriated in paragraph (a)deleted text endnew text begin amount in fiscal year 2018new text end, $370,000
is deleted text beginfor fiscal years 2018 or 2019 onlydeleted text end for arts integration and Turnaround Arts programsnew text begin and
is available until June 30, 2019
new text end.

(c) deleted text begin$1,200,000deleted text endnew text begin $400,000new text end in fiscal year 2018 is for severance payments related to the
closure of Crosswinds school and is available until June 30, 2019.

new text begin (d) The base in fiscal year 2020 is $6,973,000.
new text end

Sec. 6.

Laws 2017, First Special Session chapter 5, article 11, section 13, is amended to
read:


Sec. 13. CROSSWINDS DISPOSITION COSTS.

deleted text begin $162,000deleted text endnew text begin $21,000new text end in fiscal year 2018 only is appropriated from the general fund to the
Perpich Center for Arts Education. The amount appropriated in this section is for transfer
to the commissioner of administration for costs related to the sale of the Crosswinds school
and is available until June 30, 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 128C.02, subdivision 6, new text end new text begin is repealed.
new text end

ARTICLE 54

FORECAST ADJUSTMENTS

A. GENERAL EDUCATION

Section 1.

Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision
3, is amended to read:


Subd. 3.

Enrollment options transportation.

For transportation of pupils attending
postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:

$
deleted text begin 29,000
deleted text end new text begin 25,000
new text end
.....
2018
$
deleted text begin 31,000
deleted text end new text begin 27,000
new text end
.....
2019

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision 4, is
amended to read:


Subd. 4.

Abatement aid.

For abatement aid under Minnesota Statutes, section 127A.49:

$
deleted text begin 2,374,000
deleted text end new text begin 2,584,000
new text end
.....
2018
$
deleted text begin 2,163,000
deleted text end new text begin 3,218,000
new text end
.....
2019

The 2018 appropriation includes $262,000 for 2017 and deleted text begin$2,112,000deleted text endnew text begin $2,322,000new text end for
2018.

The 2019 appropriation includes deleted text begin$234,000deleted text endnew text begin $258,000new text end for 2018 and deleted text begin$1,929,000deleted text endnew text begin $2,960,000new text end
for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision 6, is
amended to read:


Subd. 6.

Nonpublic pupil education aid.

For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:

$
deleted text begin 18,197,000
deleted text end new text begin 17,779,000
new text end
.....
2018
$
deleted text begin 19,225,000
deleted text end new text begin 17,910,000
new text end
.....
2019

The 2018 appropriation includes $1,687,000 for 2017 and deleted text begin$16,510,000deleted text endnew text begin $16,092,000new text end for
2018.

The 2019 appropriation includes deleted text begin$1,834,000deleted text endnew text begin $1,787,000new text end for 2018 and deleted text begin$17,391,000deleted text endnew text begin
$16,123,000
new text end for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision 7, is
amended to read:


Subd. 7.

Nonpublic pupil transportation.

For nonpublic pupil transportation aid under
Minnesota Statutes, section 123B.92, subdivision 9:

$
deleted text begin 18,372,000
deleted text end new text begin 17,549,000
new text end
.....
2018
$
deleted text begin 18,541,000
deleted text end new text begin 18,309,000
new text end
.....
2019

The 2018 appropriation includes $1,835,000 for 2017 and deleted text begin$16,537,000deleted text endnew text begin $15,714,000new text end for
2018.

The 2019 appropriation includes deleted text begin$1,837,000deleted text endnew text begin $1,745,000new text end for 2018 and deleted text begin$16,704,000deleted text endnew text begin
$16,564,000
new text end for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Laws 2017, First Special Session chapter 5, article 1, section 19, subdivision 9, is
amended to read:


Subd. 9.

Career and technical aid.

For career and technical aid under Minnesota
Statutes, section 124D.4531, subdivision 1b:

$
deleted text begin 4,561,000
deleted text end new text begin 4,757,000
new text end
.....
2018
$
deleted text begin 4,125,000
deleted text end new text begin 4,384,000
new text end
.....
2019

The 2018 appropriation includes $476,000 for 2017 and deleted text begin$4,085,000deleted text endnew text begin $4,281,000new text end for
2018.

The 2019 appropriation includes deleted text begin$453,000deleted text endnew text begin $475,000new text end for 2018 and deleted text begin$3,672,000deleted text endnew text begin $3,909,000new text end
for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

B. EDUCATION EXCELLENCE

Sec. 6.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 2, is
amended to read:


Subd. 2.

Achievement and integration aid.

For achievement and integration aid under
Minnesota Statutes, section 124D.862:

$
deleted text begin 71,249,000
deleted text end new text begin 71,693,000
new text end
.....
2018
$
deleted text begin 73,267,000
deleted text end new text begin 73,926,000
new text end
.....
2019

The 2018 appropriation includes $6,725,000 for 2017 and deleted text begin$64,524,000deleted text endnew text begin $64,968,000new text end for
2018.

The 2019 appropriation includes deleted text begin$7,169,000deleted text endnew text begin $7,218,000new text end for 2018 and deleted text begin$66,098,000deleted text endnew text begin
$66,708,000
new text end for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 3, is
amended to read:


Subd. 3.

Literacy incentive aid.

For literacy incentive aid under Minnesota Statutes,
section 124D.98:

$
deleted text begin 47,264,000
deleted text end new text begin 46,517,000
new text end
.....
2018
$
deleted text begin 47,763,000
deleted text end new text begin 46,188,000
new text end
.....
2019

The 2018 appropriation includes $4,597,000 for 2017 and deleted text begin$42,667,000deleted text endnew text begin $41,920,000new text end for
2018.

The 2019 appropriation includes deleted text begin$4,740,000deleted text endnew text begin $4,657,000new text end for 2018 and deleted text begin$43,023,000deleted text endnew text begin
$41,531,000
new text end for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 4, is
amended to read:


Subd. 4.

Interdistrict desegregation or integration transportation grants.

For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:

$
deleted text begin 13,337,000
deleted text end new text begin 14,328,000
new text end
.....
2018
$
deleted text begin 14,075,000
deleted text end new text begin 15,065,000
new text end
.....
2019

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 5, is
amended to read:


Subd. 5.

Tribal contract schools.

For tribal contract school aid under Minnesota Statutes,
section 124D.83:

$
deleted text begin 3,623,000
deleted text end new text begin 2,954,000
new text end
.....
2018
$
deleted text begin 4,018,000
deleted text end new text begin 3,381,000
new text end
.....
2019

The 2018 appropriation includes $323,000 for 2017 and deleted text begin$3,300,000deleted text endnew text begin $2,631,000new text end for
2018.

The 2019 appropriation includes deleted text begin$366,000deleted text endnew text begin $292,000new text end for 2018 and deleted text begin$3,652,000deleted text endnew text begin $3,089,000new text end
for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 6,
is amended to read:


Subd. 6.

American Indian education aid.

For American Indian education aid under
Minnesota Statutes, section 124D.81, subdivision 2a:

$
9,244,000
.....
2018
$
deleted text begin 9,464,000
deleted text end new text begin 9,409,000
new text end
.....
2019

The 2018 appropriation includes $886,000 for 2017 and $8,358,000 for 2018.

The 2019 appropriation includes $928,000 for 2018 and deleted text begin$8,536,000deleted text endnew text begin $8,481,000new text end for
2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 21,
is amended to read:


Subd. 21.

Charter school building lease aid.

For building lease aid under Minnesota
Statutes, section 124E.22:

$
deleted text begin 73,341,000
deleted text end new text begin 73,334,000
new text end
.....
2018
$
deleted text begin 78,802,000
deleted text end new text begin 79,098,000
new text end
.....
2019

The 2018 appropriation includes $6,850,000 for 2017 and deleted text begin$66,491,000deleted text endnew text begin $66,484,000new text end for
2018.

The 2019 appropriation includes $7,387,000 for 2018 and deleted text begin$71,415,000deleted text endnew text begin $71,711,000new text end for
2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 26,
is amended to read:


Subd. 26.

Alternative teacher compensation aid.

For alternative teacher compensation
aid under Minnesota Statutes, section 122A.415, subdivision 4:

$
deleted text begin 89,863,000
deleted text end new text begin 90,131,000
new text end
.....
2018
$
deleted text begin 89,623,000
deleted text end new text begin 89,789,000
new text end
.....
2019

The 2018 appropriation includes $8,917,000 for 2017 and deleted text begin$80,946,000deleted text endnew text begin $81,214,000new text end for
2018.

The 2019 appropriation includes deleted text begin$8,994,000deleted text endnew text begin $9,023,000new text end for 2018 and deleted text begin$80,629,000deleted text endnew text begin
$80,766,000
new text end for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

C. SPECIAL EDUCATION

Sec. 13.

Laws 2017, First Special Session chapter 5, article 4, section 12, subdivision 3,
is amended to read:


Subd. 3.

Aid for children with disabilities.

For aid under Minnesota Statutes, section
125A.75, subdivision 3, for children with disabilities placed in residential facilities within
the district boundaries for whom no district of residence can be determined:

$
deleted text begin 1,597,000
deleted text end new text begin 1,022,000
new text end
.....
2018
$
deleted text begin 1,830,000
deleted text end new text begin 1,204,000
new text end
.....
2019

If the appropriation for either year is insufficient, the appropriation for the other year is
available.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Laws 2017, First Special Session chapter 5, article 4, section 12, subdivision 4,
is amended to read:


Subd. 4.

Travel for home-based services.

For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:

$
deleted text begin 508,000
deleted text end new text begin 412,000
new text end
.....
2018
$
deleted text begin 532,000
deleted text end new text begin 421,000
new text end
.....
2019

The 2018 appropriation includes $48,000 for 2017 and deleted text begin$460,000deleted text endnew text begin $364,000new text end for 2018.

The 2019 appropriation includes deleted text begin$51,000deleted text endnew text begin $40,000new text end for 2018 and deleted text begin$481,000deleted text endnew text begin $381,000new text end for
2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Laws 2017, First Special Session chapter 5, article 4, section 12, subdivision 5,
is amended to read:


Subd. 5.

Court-placed special education revenue.

For reimbursing serving school
districts for unreimbursed eligible expenditures attributable to children placed in the serving
school district by court action under Minnesota Statutes, section 125A.79, subdivision 4:

$
deleted text begin 46,000
deleted text end new text begin 40,000
new text end
.....
2018
$
deleted text begin 47,000
deleted text end new text begin 41,000
new text end
.....
2019

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

D. FACILITIES AND TECHNOLOGY

Sec. 16.

Laws 2017, First Special Session chapter 5, article 5, section 14, subdivision 2,
is amended to read:


Subd. 2.

Debt service equalization aid.

For debt service equalization aid under
Minnesota Statutes, section 123B.53, subdivision 6:

$
24,908,000
.....
2018
$
deleted text begin 22,360,000
deleted text end new text begin 23,137,000
new text end
.....
2019

The 2018 appropriation includes $2,324,000 for 2017 and $22,584,000 for 2018.

The 2019 appropriation includes $2,509,000 for 2018 and deleted text begin$19,851,000deleted text endnew text begin $20,628,000new text end for
2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Laws 2017, First Special Session chapter 5, article 5, section 14, subdivision 3,
is amended to read:


Subd. 3.

Long-term facilities maintenance equalized aid.

For long-term facilities
maintenance equalized aid under Minnesota Statutes, section 123B.595, subdivision 9:

$
deleted text begin 80,179,000
deleted text end new text begin 81,053,000
new text end
.....
2018
$
deleted text begin 103,460,000
deleted text end new text begin 102,374,000
new text end
.....
2019

The 2018 appropriation includes $5,815,000 for 2017 and deleted text begin$74,364,000deleted text endnew text begin $75,238,000new text end for
2018.

The 2019 appropriation includes deleted text begin$8,262,000deleted text endnew text begin $8,359,000new text end for 2018 and deleted text begin$95,198,000deleted text endnew text begin
$94,015,000
new text end for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

E. NUTRITION

Sec. 18.

Laws 2017, First Special Session chapter 5, article 6, section 3, subdivision 2, is
amended to read:


Subd. 2.

School lunch.

For school lunch aid under Minnesota Statutes, section 124D.111,
and Code of Federal Regulations, title 7, section 210.17:

$
deleted text begin 16,721,000
deleted text end new text begin 16,143,000
new text end
.....
2018
$
deleted text begin 17,223,000
deleted text end new text begin 16,477,000
new text end
.....
2019

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Laws 2017, First Special Session chapter 5, article 6, section 3, subdivision 3, is
amended to read:


Subd. 3.

School breakfast.

For traditional school breakfast aid under Minnesota Statutes,
section 124D.1158:

$
deleted text begin 10,601,000
deleted text end new text begin 10,474,000
new text end
.....
2018
$
deleted text begin 11,359,000
deleted text end new text begin 11,282,000
new text end
.....
2019

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Laws 2017, First Special Session chapter 5, article 6, section 3, subdivision 4, is
amended to read:


Subd. 4.

Kindergarten milk.

For kindergarten milk aid under Minnesota Statutes,
section 124D.118:

$
deleted text begin 758,000
deleted text end new text begin 734,000
new text end
.....
2018
$
deleted text begin 758,000
deleted text end new text begin 734,000
new text end
.....
2019

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

F. EARLY CHILDHOOD AND FAMILY SUPPORT

Sec. 21.

Laws 2017, First Special Session chapter 5, article 8, section 10, subdivision 3,
is amended to read:


Subd. 3.

Mixed delivery prekindergarten programs.

(a) For mixed delivery
prekindergarten programs and school readiness plus programs:

$
deleted text begin 21,429,000
deleted text end new text begin 0
new text end
.....
2018
$
deleted text begin 28,571,000
deleted text end new text begin 0
new text end
.....
2019

(b) The fiscal year 2018 appropriation includes $0 for 2017 and deleted text begin$21,429,000deleted text endnew text begin $0new text end for
2018.

(c) The fiscal year 2019 appropriation includes deleted text begin$2,381,000deleted text endnew text begin $0new text end for 2018 and deleted text begin$26,190,000deleted text endnew text begin
$0
new text end for 2019.

(d) The commissioner must proportionately allocate the amounts appropriated in this
subdivision among each education funding program affected by the enrollment of mixed
delivery system prekindergarten pupils.

(e) The appropriation under this subdivision is reduced by any other amounts specifically
appropriated for those purposes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22.

Laws 2017, First Special Session chapter 5, article 8, section 10, subdivision 5a,
is amended to read:


Subd. 5a.

Early childhood family education aid.

For early childhood family education
aid under Minnesota Statutes, section 124D.135:

$
deleted text begin 30,405,000
deleted text end new text begin 29,760,000
new text end
.....
2018
$
deleted text begin 31,977,000
deleted text end new text begin 30,870,000
new text end
.....
2019

The 2018 appropriation includes $2,904,000 for 2017 and deleted text begin$27,501,000deleted text endnew text begin $26,856,000new text end for
2018.

The 2019 appropriation includes deleted text begin$3,055,000deleted text endnew text begin $2,983,000new text end for 2018 and deleted text begin$28,922,000deleted text endnew text begin
$27,887,000
new text end for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

Laws 2017, First Special Session chapter 5, article 8, section 10, subdivision 6,
is amended to read:


Subd. 6.

Developmental screening aid.

For developmental screening aid under
Minnesota Statutes, sections 121A.17 and 121A.19:

$
deleted text begin 3,606,000
deleted text end new text begin 3,663,000
new text end
.....
2018
$
deleted text begin 3,629,000
deleted text end new text begin 3,688,000
new text end
.....
2019

The 2018 appropriation includes $358,000 for 2017 and deleted text begin$3,248,000deleted text endnew text begin $3,305,000new text end for
2018.

The 2019 appropriation includes deleted text begin$360,000deleted text endnew text begin $367,000new text end for 2018 and deleted text begin$3,269,000deleted text endnew text begin $3,321,000new text end
for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24.

Laws 2017, First Special Session chapter 5, article 8, section 10, subdivision 12,
is amended to read:


Subd. 12.

Home visiting aid.

For home visiting aid under Minnesota Statutes, section
124D.135:

$
deleted text begin 527,000
deleted text end new text begin 503,000
new text end
.....
2018
$
deleted text begin 571,000
deleted text end new text begin 525,000
new text end
.....
2019

The 2018 appropriation includes $0 for 2017 and deleted text begin$527,000deleted text endnew text begin $503,000new text end for 2018.

The 2019 appropriation includes deleted text begin$58,000deleted text endnew text begin $55,000new text end for 2018 and deleted text begin$513,000deleted text endnew text begin $470,000new text end for
2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

G. COMMUNITY EDUCATION AND PREVENTION

Sec. 25.

Laws 2017, First Special Session chapter 5, article 9, section 2, subdivision 2, is
amended to read:


Subd. 2.

Community education aid.

For community education aid under Minnesota
Statutes, section 124D.20:

$
deleted text begin 483,000
deleted text end new text begin 477,000
new text end
.....
2018
$
deleted text begin 393,000
deleted text end new text begin 410,000
new text end
.....
2019

The 2018 appropriation includes $53,000 for 2017 and deleted text begin$430,000deleted text endnew text begin $424,000new text end for 2018.

The 2019 appropriation includes $47,000 for 2018 and deleted text begin$346,000deleted text endnew text begin $363,000new text end for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

H. SELF-SUFFICIENCY AND LIFELONG LEARNING

Sec. 26.

Laws 2017, First Special Session chapter 5, article 10, section 6, subdivision 2,
is amended to read:


Subd. 2.

Adult basic education aid.

For adult basic education aid under Minnesota
Statutes, section 124D.531:

$
deleted text begin 50,010,000
deleted text end new text begin 48,708,000
new text end
.....
2018
$
deleted text begin 51,497,000
deleted text end new text begin 50,109,000
new text end
.....
2019

The 2018 appropriation includes $4,881,000 for 2017 and deleted text begin$45,129,000deleted text endnew text begin $43,827,000new text end for
2018.

The 2019 appropriation includes deleted text begin$5,014,000deleted text endnew text begin $4,869,000new text end for 2018 and deleted text begin$46,483,000deleted text endnew text begin
$45,240,000
new text end for 2019.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 55

MISCELLANEOUS FINANCE

Section 1.

Minnesota Statutes 2016, section 16A.103, subdivision 1, is amended to read:


Subdivision 1.

State revenue and expenditures.

In February and November each year,
the commissioner shall prepare a forecast of state revenue and expenditures. The November
forecast must be delivered to the legislature and governor no later than deleted text beginthe end of the first
week of
deleted text end Decembernew text begin 6new text end. The February forecast must be delivered to the legislature and governor
by the end of February. Forecasts must be delivered to the legislature and governor on the
same day. If requested by the Legislative Commission on Planning and Fiscal Policy,
delivery to the legislature must include a presentation to the commission.

Sec. 2.

Minnesota Statutes 2016, section 16A.103, subdivision 1b, is amended to read:


Subd. 1b.

Forecast variable.

In determining the amount of state bonding as it affects
debt service, the calculation of investment income, and the other variables to be included
in the expenditure part of the forecast, the commissioner must consult with the chairs and
lead minority members of the senate deleted text beginState Governmentdeleted text end Finance Committee and the house
of representatives Ways and Means Committee, and legislative fiscal staff. This consultation
must occur at least three weeks before the forecast is to be released. No later than two weeks
prior to the release of the forecast, the commissioner must inform the chairs and lead minority
members of the senate deleted text beginState Governmentdeleted text end Finance Committee and the house of representatives
Ways and Means Committee, and legislative fiscal staff of any changes in these variables
from the previous forecast.

Sec. 3.

Minnesota Statutes 2016, section 16A.103, is amended by adding a subdivision to
read:


new text begin Subd. 1i. new text end

new text begin Budget close report. new text end

new text begin By October 15 of each odd-numbered year, the
commissioner shall prepare a detailed fund balance analysis of the general fund for the
previous biennium. The analysis shall include a comparison to the most recent publicly
available fund balance analysis of the general fund. The commissioner shall provide this
analysis to the chairs and ranking minority members of the house of representatives Ways
and Means Committee and the senate Finance Committee, and shall post the analysis on
the agency's Web site.
new text end

Sec. 4.

Minnesota Statutes 2016, section 16A.99, subdivision 2, is amended to read:


Subd. 2.

Authority.

(a) Subject to the limitations of this subdivision, the commissioner
may sell and issue appropriation bonds of the state under this section for public purposes
as provided by law. Proceeds of the bonds must be credited to a special appropriation bond
proceeds fund in the state treasury. Net income from investment of the proceeds, as estimated
by the commissioner, must be credited to the special appropriation bond proceeds fund.

(b) Appropriation bonds may be sold and issued in amounts that, in the opinion of the
commissioner, are necessary to provide sufficient funds, not to exceed $640,000,000 deleted text beginand
subject to the limitation in section 16A.97,
deleted text end for achieving the purposes authorized as provided
under paragraph (a), and pay debt service, pay costs of issuance, make deposits to reserve
funds, pay the costs of credit enhancement, or make payments under other agreements
entered into under paragraph (d); provided, however, that bonds issued and unpaid shall
not exceed $800,000,000 in principal amount, excluding refunding bonds sold and issued
under subdivision 4.

(c) Appropriation bonds may be issued from time to time in one or more series on the
terms and conditions the commissioner determines to be in the best interests of the state,
but the term on any series of bonds may not exceed 30 years. The bonds of each issue shall
be dated and bear interest, and may be includable in or excludable from the gross income
of the owners for federal income tax purposes.

(d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any time
thereafter, so long as the appropriation bonds are outstanding, the commissioner may enter
into agreements and ancillary arrangements relating to the appropriation bonds, including
but not limited to trust indentures, liquidity facilities, remarketing or dealer agreements,
letter of credit agreements, insurance policies, guaranty agreements, reimbursement
agreements, indexing agreements, or interest exchange agreements. Any payments made
or received according to the agreement or ancillary arrangement shall be made from or
deposited as provided in the agreement or ancillary arrangement. The determination of the
commissioner included in an interest exchange agreement that the agreement relates to an
appropriation bond shall be conclusive.

(e) The commissioner may enter into written agreements or contracts relating to the
continuing disclosure of information necessary to comply with, or facilitate the issuance of
appropriation bonds in accordance with federal securities laws, rules, and regulations,
including Securities and Exchange Commission rules and regulations in Code of Federal
Regulations, title 17, section 240.15c 2-12. An agreement may be in the form of covenants
with purchasers and holders of appropriation bonds set forth in the order or resolution
authorizing the issuance of the appropriation bonds, or a separate document authorized by
the order or resolution.

(f) The appropriation bonds are not subject to chapter 16C.

Sec. 5.

Minnesota Statutes 2016, section 16A.99, subdivision 4, is amended to read:


Subd. 4.

Refunding bonds.

The commissioner from time to time may issue appropriation
bonds for the purpose of refunding any appropriation bonds deleted text beginor tobacco securitization bonds
authorized under section 16A.98
deleted text end then outstanding, including the payment of any redemption
premiums on the bonds, any interest accrued or to accrue to the redemption date, and costs
related to the issuance and sale of the refunding bonds. The proceeds of any refunding bonds
may, in the discretion of the commissioner, be applied to the purchase or payment at maturity
of the appropriation bonds to be refunded, to the redemption of the outstanding bonds on
any redemption date, or to pay interest on the refunding bonds and may, pending application,
be placed in escrow to be applied to the purchase, payment, retirement, or redemption. Any
escrowed proceeds, pending such use, may be invested and reinvested in obligations that
are authorized investments under section 11A.24. The income earned or realized on the
investment may also be applied to the payment of the bonds to be refunded or interest or
premiums on the refunded bonds, or to pay interest on the refunding bonds. After the terms
of the escrow have been fully satisfied, any balance of the proceeds and any investment
income may be returned to the general fund or, if applicable, the appropriation bond proceeds
account for use in any lawful manner. All refunding bonds issued under this subdivision
must be prepared, executed, delivered, and secured by appropriations in the same manner
as the bonds to be refunded.

Sec. 6.

Minnesota Statutes 2016, section 129D.17, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Prohibited activities. new text end

new text begin Funding from the arts and cultural heritage fund must
not be used for projects that promote domestic terrorism or criminal activities.
new text end

Sec. 7.

Laws 2017, First Special Session chapter 1, article 4, section 31, is amended to
read:


Sec. 31. APPROPRIATION; FIRE REMEDIATION GRANTS.

$1,392,258 is appropriated in fiscal year 2018 from the general fund to the commissioner
of public safety for grants to remediate the effects of fires in the city of Melrose on September
8, 2016. The commissioner must allocate the grants as follows:

(1) deleted text begin$1,296,458deleted text endnew text begin $1,381,258new text end to the city of Melrose; and

(2) deleted text begin$95,800deleted text endnew text begin $11,000new text end to Stearns County.

A grant recipient must use the money appropriated under this section for remediation
costs, including disaster recovery, infrastructure, reimbursement for emergency personnel
costs, reimbursement for equipment costs, and reimbursements for property tax abatements,
incurred by public or private entities as a result of the fires. This is a onetime appropriation
and is available until June 30, deleted text begin2018deleted text endnew text begin 2019new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 16A.97; and 16A.98, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S3656-3

3.98 FISCAL NOTES.

Subd. 4.

Uniform procedure.

The Legislative Budget Office shall prescribe a uniform procedure to govern the departments and agencies of the state in complying with the requirements of this section.

16A.97 TOBACCO BONDS.

The commissioner may sell and issue debt under either or both of sections 16A.98 and 16A.99, but the net proceeds of bonds issued and sold under those sections together must not exceed $640,000,000 during fiscal years 2012 and 2013.

16A.98 TOBACCO SECURITIZATION BONDS.

Subdivision 1.

Definitions.

The definitions in this subdivision apply to this section.

(a) "Authority" means the Tobacco Securitization Authority created and established under subdivision 3.

(b) "Authorized officer" means any of the members of the authority identified and described in subdivision 3.

(c) "Bond" means any instrument evidencing the obligation to pay money authorized or issued by the authority as provided by this section, including without limitation, bonds, notes, or certificates.

(d) "Bondholder" means, in the case of a bond issued in registered form, the registered owner of the bond and otherwise, the owner of the bond.

(e) "Commissioner" means the commissioner of management and budget.

(f) "Consent judgment" means the consent judgment, as the same has been and may be corrected, amended, or modified, in the action styled as The State of Minnesota, By Hubert Humphrey, III, Its attorney general, and Blue Cross and Blue Shield of Minnesota v. Philip Morris Incorporated, et al., No. C1-94-8565 (Minnesota District Court, Second Judicial District, May 8, 1998).

(g) "General tobacco subaccount" means the account established by the authority within the tobacco settlement recovery account established under subdivision 12 for the net proceeds of bonds.

(h) "Settlement agreement" means the settlement agreement and stipulation for entry of consent judgment, dated May 8, 1998, between the State of Minnesota, By Hubert Humphrey, III, Its attorney general, and Blue Cross and Blue Shield of Minnesota, on the one hand, and Philip Morris Incorporated, et al., on the other hand, and the subject of the consent judgment.

(i) "Net proceeds of bonds" means the gross proceeds of the sale of bonds issued under subdivision 5, less any amounts applied or to be applied to pay transaction and administrative expenses, including underwriting discount, to pay capitalized interest and to fund any reserves deemed necessary or appropriate by the authority, but does not include any investment earnings realized thereon.

(j) "Participating manufacturer" means a tobacco product manufacturer that is or becomes a signatory to the settlement agreement.

(k) "Pledged tobacco revenues" means the state's tobacco settlement revenues sold to the authority under the sale agreement and pledged by the authority for the payment of bonds and any related bond facility.

(l) "Related bond facility" means any interest rate exchange or similar agreement or any bond insurance policy, letter of credit or other credit enhancement facility, liquidity facility, guaranteed investment or reinvestment agreement, or other similar agreement, arrangement, or contract.

(m) "Residual amount in tobacco settlement revenues" means any tobacco settlement revenues determined as moneys received but not required for the identified period in which revenues are received, to pay principal or interest on bonds or administrative or transaction expenses of the authority, or to fund reserves or other requirements relating to bonds issued or related bond facilities made under this section.

(n) "Sale agreement" means any agreement authorized as provided in this section in which the state provides for the sale of all or a portion of the tobacco settlement revenues to the authority.

(o) "State" means the state of Minnesota.

(p) "Tobacco settlement bond proceeds fund" is established within the state treasury and consists of the net proceeds from any sale, conveyance, or transfer of the state's tobacco settlement revenues from the authority.

(q) "Tobacco settlement recovery account" is the account established by the authority outside of the state's treasury.

(r) "Tobacco settlement revenues subaccount" means the account established by the authority within the tobacco settlement recovery account established under subdivision 12 for receipt of tobacco settlement revenues and for payment of debt service of bonds authorized under this section.

(s) "Tobacco settlement residual subaccount" means the account established by the authority within the tobacco settlement recovery account established under subdivision 12 for receipt of the residual amount in the tobacco settlement revenues subaccount.

(t) "Tobacco settlement revenues" means all tobacco settlement payments received by the state on and after July 21, 2011, and required to be made under the terms of the settlement agreement by participating manufacturers, and the state's rights to receive the tobacco settlement payments on and after July 21, 2011, exclusive of any payments made with respect to liability to make those payments for calendar years completed before July 21, 2011.

Subd. 2.

Ownership, transfer, and sale of state's right to tobacco settlement revenues.

All tobacco settlement revenues received and to be received by the state are the property of the state, to be used as provided by law, including a sale, assignment, or transfer of the right to receive the tobacco settlement revenues under this subdivision. During fiscal years 2012 and 2013, the commissioner may sell, convey, or otherwise transfer to the authority, and may take any action necessary to facilitate and complete the sale, conveyance, or transfer to the authority, the tobacco settlement revenues in exchange for the net proceeds of bonds and a right to the residual amount in the tobacco settlement revenues subaccount. Unless otherwise directed by statute, the net proceeds of any such sale, conveyance, or transfer shall be deposited in the general tobacco subaccount. The authority's purchased interest in tobacco settlement revenues received by the state from time to time shall be deposited in the tobacco settlement revenues subaccount, and the residual amount in tobacco settlement revenues received by the state from time to time shall be deposited in the tobacco settlement residual subaccount, in each case to be applied for the purposes and in the manner described in this section.

Any sale, conveyance, or other transfer authorized by this subdivision shall be evidenced by an instrument or agreement in writing signed on behalf of the state by the commissioner. A certified copy of the instrument or agreement shall be filed with the commissioner and the chairs of the senate Finance Committee and the house of representatives Ways and Means Committee promptly upon execution and delivery thereof. The instrument or agreement shall require, as a condition of the sale, conveyance, or other transfer, that the authority notify the commissioner promptly upon the issuance, sale, and delivery thereof if any bonds are issued that are secured by any of the tobacco settlement revenues and provide the commissioner with all information on the distribution of the bond proceeds. The commissioner shall submit a report to the chairs of the senate Finance Committee and the house of representatives Ways and Means Committee that includes all of the information provided to the commissioner by the authority under this subdivision. The instrument or agreement may include an irrevocable direction to pay all or a specified portion of the tobacco settlement revenues directly to or upon the order of the authority, or to any escrow agent or any trustee under an indenture or other agreement securing any bonds issued or related bond facilities made under this section. Upon execution and delivery of the sale agreement as provided in this section, the sale, conveyance, or other transfer of the right to receive the tobacco settlement revenues, shall, for all purposes, be a true sale and absolute conveyance of all right, title, and interest therein and not as a pledge or other security interest for any borrowing, valid, binding, and enforceable in accordance with the terms thereof and such instrument or agreements and any related instrument, agreement, or other arrangement, including any pledge, grant of security interest, or other encumbrance made by authority to secure any bonds issued by the authority, and shall not be subject to disavowal, disaffirmance, cancellation, or avoidance by reason of insolvency of any party, lack of consideration, or any other fact, occurrence, or rule of law. On and after the effective date of the sale of any portion, including all of the tobacco settlement revenues, the state shall have no right, title, or interest in or to the portion of the tobacco settlement revenues sold, and the portion of the tobacco settlement revenues sold shall be the property of the authority, and shall be received, held, and disbursed by the authority in a trust fund outside the state treasury. Any portions of the tobacco settlement revenues sold to the authority and held in trust may be invested in investments and deposit accounts or certificates, and with security, agreed upon with the bondholders or a trustee for the bondholders.

The procedures and requirements set forth in this subdivision shall be the sole procedures and requirements applicable to the sale of the tobacco settlement revenues.

Subd. 3.

Establishment and powers of authority.

(a) The authority is hereby established as a body corporate and politic and a public instrumentality of, but having a legal existence independent and separate from the state and, accordingly, the assets, liabilities, and funds of the authority shall be neither consolidated nor commingled with those of the state treasury, provided that the assets, liabilities, and funds of the authority shall be held by a duly designated agent or fiduciary of the authority. If the authority does not designate a fiduciary or an agent for the purposes of this subdivision, the assets and funds of the authority shall be held in the state treasury. The authority and its corporate existence shall continue until 12 months after all its liabilities have been met or otherwise discharged. Upon the termination of the existence of the authority, all of its rights and property shall pass to and be vested in the state. The authority shall be established for the express limited public purposes set forth in this section, and no part of the net earnings of the authority shall inure to any private individual.

(b) The authority shall be governed by a three-member board consisting of the commissioner, the commissioner of revenue, and the commissioner of health. The commissioner shall serve as the chair and chief executive officer of the authority, who shall sign instruments or agreements authorized by this section on behalf of the authority; provided that the authority may by resolution authorize a member other than the commissioner to sign authorized instruments or agreements. The authority may elect other officers as necessary from its members. The authority may also appoint a nonremunerated chief financial officer who may or may not be a member of the authority in order to provide financial analysis and advice regarding any transaction of the authority. The powers of the authority shall be subject to the terms, conditions, and limitations contained within this section, and any applicable covenants or agreements of the authority in any indenture or other agreement relating to any then outstanding bonds or related bond facilities. The authority may enter into contracts regarding any matter connected with any corporate purpose within the objects and purposes of this section. The members of the authority shall receive no salary or other compensation, either direct or indirect, for serving as members of the authority, other than reimbursement for actual and necessary expenses incurred in the performance of such person's duties. Notwithstanding the foregoing, the authority shall not be authorized to make any covenant, pledge, promise, or agreement purporting to bind the state with respect to tobacco settlement revenues, except as otherwise specifically authorized by this section.

(c) A majority of the authority, excluding vacancies, constitutes a quorum to conduct its business, to exercise its powers, and for all other purposes.

(d) The authority may conduct its business as provided under section 13D.015, including teleconference calls or interactive video, that allows for an interaction between members. If a meeting is conducted under this paragraph, a specific location must be available for the public to attend the meeting and at least one member must be present at that location.

(e) The authority may not file a voluntary petition under or be or become a debtor or bankrupt under the federal bankruptcy code or any other federal or state bankruptcy, insolvency, or moratorium law or statute as may, from time to time, be in effect, and neither any public officer nor any organization, entity, or other person shall authorize the authority to be or become a debtor or bankrupt under the federal bankruptcy code or any other federal or state bankruptcy, insolvency, or moratorium law or statute, as may, from time to time be in effect.

(f) The authority may not guarantee the debts of another.

(g) The commissioner shall provide administrative services to the authority.

(h) The authority may accept appropriations, gifts, grants, bequests, and devises, and use or dispose of them for its purposes. All gifts, grants, bequests, and revenues from those sources are appropriated to the authority.

(i) Proceeds of the authority's bonds, notes, and other obligations; amounts granted or appropriated to the authority for bond debt service reserves; income from investment; money in the funds; and all revenues from fees and charges of the authority including rentals, royalties, dividends, or other proceeds are annually appropriated to the authority for the accomplishment of its corporate purposes and must be spent, administered, and accounted for in accordance with the applicable provisions of all bond and note resolutions, indentures, and other instruments, contracts, and agreements of the authority. Notwithstanding section 16A.28, these appropriations are available until expended.

Subd. 4.

Certain powers of the authority.

The authority shall have the power to:

(1) sue and be sued;

(2) have a seal and alter the same at pleasure;

(3) make and alter bylaws for its organization and internal management;

(4) make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this subdivision, including without limitation the purchase from the state of all or a portion of the right to receive tobacco settlement revenues, and request the attorney general to commence any action to protect or enforce any right conferred upon it by any law, contract, or other agreement;

(5) retain or contract for the services of underwriters, financial advisors, accountants or other consultants or agents;

(6) pay its operating expenses and its financing costs, including its reasonable costs of issuance and sale of bonds and those of the attorney general, if any;

(7) borrow money in its name, issue negotiable bonds as named by the authority, and provide for the rights of the holders thereof as otherwise provided in this section;

(8) procure insurance against any loss in connection with its activities, properties, and assets in such amount and from such insurers as it deems desirable;

(9) invest any funds or other moneys under its custody and control in investment securities or under any related bond facility;

(10) as security for the payment of the principal of and interest on any bonds issued by it under this section and any agreement made in connection therewith and for its obligations under any related bond facility, pledge all or any part of the tobacco settlement revenues;

(11) establish and create debt service reserve funds and capitalized interest accounts and deposit therein proceeds of bonds in such amount or amounts as shall be provided by the resolutions or trust indentures for the bonds; and

(12) do any and all things necessary and proper to carry out its purposes and exercise the powers expressly given and granted in this section.

Subd. 5.

Bonds of the authority.

(a) The authority shall have power and is hereby authorized to issue bonds from time to time in one or more series, in an aggregate principal amount no greater than $900,000,000, excluding refunding bonds sold and issued under this section, to provide funds not to exceed $640,000,000 and subject to the limitation in section 16A.97, for the purchase of all or a portion of the tobacco settlement revenues pursuant to subdivision 2, and also to provide sufficient funds for the establishment of a debt service reserve fund, and the payment or provision for capitalized interest and financing costs, including, without limitation, the cost of any related credit facility.

The issuance of bonds shall be authorized by a resolution of the authority, adopted by a majority of the members of the authority without further authorization or approval. The issue of the bonds of the authority shall be special limited revenue obligations payable from and secured by a pledge of the pledged tobacco revenues, those proceeds of bonds deposited in a debt service reserve fund for the benefit of bondholders, and earnings on funds of the authority, upon terms and conditions as specified by the authority in the resolution under which the bonds are issued or in a related trust indenture.

The authority shall have the power and is hereby authorized from time to time to issue bonds, whenever it deems refunding expedient, to refund any outstanding bonds by the issuance of new bonds, provided that the refunding bonds mature not more than 30 years after the date of issuance as may be determined by the authority. The refunding bonds may be exchanged for the bonds to be refunded or sold and the proceeds applied to the purchase, redemption, or payment of the bonds to be refunded.

(b) The bonds of each issue shall be dated, shall bear interest, which may be includable in or excludable from the gross income of the owners for federal income tax purposes, at fixed or variable rates, payable at or prior to maturity, and shall mature at such time or times, not more than 30 years after the date of issuance, as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority. The principal and interest of the bonds may be made payable in any lawful medium. The resolution of the authority approving the issuance of the bonds shall determine the form of the bonds and the manner of execution of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. If any officer whose signature or a facsimile thereof appears on any bonds shall cease to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery.

(c) The authority may sell such bonds at either public or private sale upon terms as the commissioner shall determine are not inconsistent with this section and the bonds may be sold at any price or percentage of par value. Any bid received may be rejected by the authority. The proceeds of the bonds shall be disbursed for the purposes for which the bonds were issued under the restrictions as the sale agreement and the resolution authorizing the issuance of the bonds or the related trust indenture may provide. The bonds shall be issued upon approval of the authority and without any other approvals, filings, proceedings, or the happening of any other conditions or things other than the approvals, findings, proceedings, conditions, and things that are specified and required by this section.

(d) Any pledge made by the authority shall be valid and binding at the time the pledge is made. The assets, property, revenues, reserves, or earnings so pledged shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. Notwithstanding any other provision of law to the contrary, neither the resolution nor any indenture or other instrument by which a pledge is created or by which the authority's interest in pledged assets, property, revenues, reserves, or earnings is assigned need be filed, perfected, or recorded in any public records in order to protect the pledge or perfect the lien as against third parties, except that a copy shall be filed in the records of the authority.

(e) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the bonds are hereby made negotiable instruments for all purposes, subject only to the provisions of the bonds for registration.

(f) At the sole discretion of the authority, any bonds issued by the authority and any related bond facility made under the provisions of this section shall be secured by a resolution or trust indenture by and between the authority and the indenture trustee, which may be any trust company or bank having the powers of a trust company, whether located within or outside the state. The trust indenture or resolution providing for the issuance of the bonds shall, without limitation: (1) provide for the creation and maintenance of reserves as the authority shall determine to be proper; (2) include covenants setting forth the duties of the authority in relation to the bonds, the income of the authority, the related sale agreement, and the related tobacco settlement revenues; (3) contain provisions relating to the transfer of the residual interest upon receipt of the tobacco settlement revenues; (4) contain provisions respecting the custody, safeguarding, and application of all moneys and securities; (5) contain provisions for protecting and enforcing against the authority or the state the rights and remedies pursuant thereto and to the sale agreement of the owners of the bonds and any provider of a related bond facility as may be reasonable and proper and not in violation of law; and (6) contain other provisions as the authority may deem reasonable and proper for priorities and subordination among the owners of the bonds and providers of related bond facilities. Any reference in this section to a resolution of the authority shall include any trust indenture authorized thereby.

(g) The net proceeds of any sale, conveyance, or transfer by the state of tobacco settlement revenues shall be deposited into the authority's general tobacco subaccount. The authority shall transfer all moneys in the general tobacco subaccount to the commissioner for deposit in the tobacco settlement bond proceeds fund. Any residual amount in tobacco settlement revenues shall be deposited in the tobacco settlement residual subaccount. The balance in the tobacco residual subaccount shall be transferred to the commissioner for deposit in the general fund, as provided in subdivision 12, paragraph (b).

(h) The authority may enter into, amend, or terminate, as it determines to be necessary or appropriate, any related bond facility (1) to facilitate the issuance, sale, resale, purchase, repurchase, or payment of bonds, interest rate savings or market diversification, or the making or performance of swap contracts, including without limitation bond insurance, letters of credit and liquidity facilities, or (2) to attempt to manage or hedge risk or achieve a desirable effective interest rate or cash flow. Such facility shall be made upon the terms and conditions established by the authority, including without limitation provisions as to security, default, termination, payment, remedy, jurisdiction, and consent to service of process.

(i) The authority may enter into, amend, or terminate, as it deems to be necessary or appropriate, any related bond facility to place the obligations or investments of the authority, as represented by the bonds or the investment of reserves securing the bonds or related bond facilities or other tobacco settlement revenues or its other assets, in whole or in part, on the interest rate, cash flow, or other basis approved by the authority, which facility may include without limitation contracts commonly known as interest rate swap agreements, forward purchase contracts, or guaranteed investment contracts and futures or contracts providing for payments based on levels of, or changes in, interest rates. These contracts or arrangements may be entered into by the authority in connection with, or incidental to, entering into, or maintaining any (1) agreement that secures bonds of the authority or (2) investment or contract providing for investment of reserves or similar facility guaranteeing an investment rate for a period of years not to exceed the underlying term of the bonds. The determination by the authority that a related bond facility or the amendment or termination thereof is necessary or appropriate as aforesaid shall be conclusive. Any related bond facility may contain such provisions as to security, default, termination, payment, remedy, jurisdiction, and consent to service of process, and other terms and conditions as determined by the authority, after giving due consideration to the creditworthiness of the counterparty or other obligated party, including any rating by any nationally recognized rating agency, and any other criteria as may be appropriate.

(j) Bonds or any related bond facility may contain a recital that they are issued or executed, respectively, pursuant to this section, which recital shall be conclusive evidence of their validity, respectively, and the regularity of the proceedings relating thereto.

(k) No member or officer of the authority or any person executing the bonds is liable personally on the bonds or is subject to any personal liability or accountability by reason of their issuance, or is liable for any other debt or obligation of the authority.

(l) Information in any register of ownership of bonds or certificates is nonpublic data under section 13.02, subdivision 9, or private data on individuals under section 13.02, subdivision 12. The information is open only to the subject of it, except as disclosure:

(1) is necessary for the registrar, the commissioner, or the legislative auditor to perform a duty;

(2) is requested by an authorized representative of the commissioner of revenue, the attorney general, or the United States commissioner of internal revenue to determine the application of a tax; or

(3) is required under section 13.03, subdivision 4.

(m) The bonds of the authority are not subject to chapter 16C.

(n) The commissioner and any other member of the authority charged with the responsibility of issuing bonds for or on behalf of the authority, may enter into written agreements or contracts relating to the continuing disclosure of information necessary to comply with, or facilitate the issuance of bonds in accordance with, federal securities laws, rules, and regulations, including Securities and Exchange Commission rules and regulations, in Code of Federal Regulations, title 17, section 240.15c 2-12. An agreement may be in the form of covenants with purchasers and holders of bonds set forth in the order or resolution authorizing the issuance of the bonds, or a separate document authorized by the order or resolution.

Subd. 6.

State not liable on bonds or related bond facilities.

The state is not liable on bonds of the authority, and no bond or related bond facility shall constitute an indebtedness or an obligation of the state or any subdivision thereof, within the meaning of any constitutional or statutory limitation or provision or a charge against the general credit or taxing powers, if any, of any of them but shall be payable solely from pledged tobacco revenues. No owner of any bond or provider of any related bond facility shall have the right to compel the exercise of the taxing power of the state to pay any principal installment of, redemption premium, if any, or interest on the bonds or to make any payment due under any related bond facility. The bonds must contain on their face a statement to the effect of this subdivision.

Subd. 7.

Agreement with the state.

(a) The state pledges and agrees with the authority, and the owners of the bonds of the authority in which the authority has included such pledge and agreement, that the state shall: (1) irrevocably direct the transfer of all pledged tobacco revenues received by the state under and in accordance with the settlement agreement directly to the authority or its assignee; (2) diligently enforce its right to collect all moneys due from the participating manufacturers under the settlement agreement, in each case in the manner and to the extent deemed necessary in the judgment of and consistent with the discretion of the attorney general of the state, provided, however, that the sale agreement shall provide (i) that the remedies available to the authority and the bondholders for any breach of the pledges and agreements of the state set forth in this clause shall be limited to injunctive relief, and (ii) that the state shall be deemed to have diligently enforced this subdivision so long as there has been no judicial determination by a court of competent jurisdiction in this state, in an action commenced by a participating tobacco manufacturer, that the state has failed to diligently enforce this subdivision; (3) in any materially adverse way, neither amend the settlement agreement or take any other action that would (i) impair the authority's right to receive pledged tobacco revenues, or (ii) limit or alter the rights hereby vested in the authority to fulfill the terms of its agreements with the bondholders, or (iii) impair the rights and remedies of the bondholders or the security for such bonds until such bonds, together with the interest thereon and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders, are fully paid and discharged, provided, that nothing herein shall be construed to preclude the state's regulation of smoking, smoking cessation activities and laws, and taxation and regulation of the sale of cigarettes or the like or to restrict the right of the state to amend, modify, repeal, or otherwise alter statutes imposing or relating to the taxes; and (4) not amend, supersede, or repeal the settlement agreement or this section in any way that would materially adversely affect the amount of any payment to, or the rights to such payments of, the authority or the bondholders. This pledge and agreement may be included in the sale agreement and the authority may include this pledge and agreement in any contract with the bondholders of the authority.

(b) The provisions of this section, the bonds issued pursuant to this section, and the pledges and agreements by the state and the authority to the bondholders shall not be interpreted or construed to limit or impair the authority or discretion of the attorney general to administer and enforce provisions of the settlement agreement or to direct, control, and settle any litigation or arbitration proceeding arising from or relating to the settlement agreement.

Subd. 8.

Enforcement of contract.

The provisions of this section and of any resolution or proceeding authorizing the issuance of bonds or a related bond facility shall constitute a contract with the holders of the bonds or the related bond facility, and the provisions thereof shall be enforceable either by mandamus or other proceeding in any Minnesota court of competent jurisdiction in Ramsey County to enforce and compel the performance of all duties required by this section and by any resolution authorizing the issuance of bonds a related bond facility adopted in response hereto.

Subd. 9.

Bonds as legal investments.

Any of the following entities may legally invest any sinking funds, money, or other funds belonging to them or under their control in any bonds issued under this section: (1) the state, the investment board, public officers, municipal corporations, political subdivisions, and public bodies; (2) banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business; and (3) personal representatives, guardians, trustees, and other fiduciaries.

Subd. 10.

Exemption from taxation.

It is hereby determined that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of the state and are public purposes. Accordingly, the property of the authority, its income, and its operations shall be exempt from taxation. The authority shall not be required to pay any fees, taxes, or assessments of any kind, whether state or local, including, but not limited to, fees, taxes, ad valorem taxes on real property, sales taxes or other taxes, upon or with respect to any property owned by it or under its jurisdiction, control, or supervision, or upon the uses thereof, or upon or with respect to its activities or operations in furtherance of the powers conferred upon it by this section.

Subd. 11.

Report; audit.

The authority shall report to the legislature and the governor by the January 15 following the end of each fiscal year. The report must include a complete operating and financial statement covering the authority's operations during the fiscal year, including amounts of income from all sources. Books and records of the authority are subject to audit by the legislative auditor in the manner prescribed for state agencies.

Subd. 12.

Tobacco settlement recovery account.

(a) The authority shall establish the tobacco settlement recovery account, which shall consist of three subaccounts: (1) the general tobacco subaccount, (2) the tobacco settlement revenues subaccount, and (3) the tobacco settlement residual subaccount. The authority shall deposit all moneys paid pursuant to the settlement agreement, and any other moneys as provided by law into the several subaccounts of the tobacco settlement recovery account. Money shall be deposited into the tobacco settlement revenues subaccount and the tobacco settlement residual subaccount as provided by the terms of this section, including any agreement between the state and the authority implementing the same. All other moneys available to be deposited into the tobacco settlement recovery account shall be deposited into the general tobacco subaccount. An investment made from moneys credited to a specific subaccount constitutes part of that subaccount and such subaccount shall be credited with all income from the investment of such moneys. The commissioner may invest the moneys in the several subaccounts of the tobacco settlement recovery account in the same manner, in the same types of investments, and subject to the same limitations provided in section 11A.24. Notwithstanding the foregoing, to the extent necessary to preserve the tax-exempt status of any bonds issued pursuant to this section, the interest on which is intended to be excludable from the gross income of the owners for federal income tax purposes, moneys on deposit in the tobacco settlement revenues subaccount and the tobacco settlement residual subaccount, may be invested in obligations the interest upon which is tax exempt under the provisions of Section 103 of the Internal Revenue Code of 1986, as now or hereafter amended, or any successor code or provision.

(b) Moneys on deposit in the tobacco settlement residual subaccount shall be transferred to the commissioner for deposit in the general fund.

(c) The amounts deposited into the tobacco settlement bond proceeds fund from the general tobacco subaccount and interest thereon are appropriated to the commissioner for payment of working capital, debt service on outstanding obligations of the general fund, the funding of debt service reserves for the bonds, each as permitted by state and federal law, nonsalary expenses incurred in conjunction with the sale of the bonds and to supplement the tobacco settlement residual subaccount to pay for appropriated obligations of the tobacco settlement recovery account for state fiscal years 2012 and 2013. The commissioner may transfer the amounts available to reduce debt service on outstanding obligations of the general fund to the state bond fund under section 16A.641.

Subd. 13.

Supplemental nature of section; construction and purpose.

The powers conferred by this section shall be in addition to and supplemental to the powers conferred by any other law, general or special, and may be exercised notwithstanding the provisions of any other such law. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general or special, the provisions of this section shall be controlling.

Subd. 14.

Severability.

If any provision of this section is held invalid, such provision shall be deemed to be excised and the invalidity thereof shall not affect any of the other provisions of this section. If the application of any provision of this section to any person or circumstance is held invalid, it shall not affect the application of such provision to such persons or circumstances other than those as to which it is held invalid.

120B.299 DEFINITIONS.

Subd. 7.

Low growth.

"Low growth" is an assessment score one-half standard deviation below the state growth target.

Subd. 8.

Medium growth.

"Medium growth" is an assessment score within one-half standard deviation above or below the state growth target.

Subd. 9.

High growth.

"High growth" is an assessment score one-half standard deviation or more above the state growth target.

Subd. 11.

Growth and progress toward proficiency.

The categories of low growth, medium growth, and high growth shall be used to indicate both (1) growth and (2) progress toward grade-level proficiency that is consistent with subdivision 10.

122A.09 DUTIES.

Subdivision 1.

Code of ethics.

The Professional Educator Licensing and Standards Board must develop by rule a code of ethics covering standards of professional teaching practices, including areas of ethical conduct and professional performance and methods of enforcement.

123A.26 COOPERATIVE UNITS; PROHIBITED AID AND LEVIES.

Subd. 3.

Allocation from members.

By July 15 of each year, a school district may, by board resolution, request the department to make a payment to a third party. The total sum of the payments for the year may not exceed the lesser of (a) the district's general education aid for the fiscal year beginning July 1, according to sections 127A.47, subdivision 7, and 126C.13, subdivision 4, or (b) an amount equal to $100 times the adjusted pupil units for the fiscal year beginning July 1. By July 30 of each year, the school district must report to the commissioner the amount allocated. The amount shall be paid to the third party according to section 127A.45, subdivision 16. Amounts paid to third parties under this subdivision shall be recognized and reported as revenues and expenditures on the school district's books of account under sections 123B.75 and 123B.76.

125A.75 SPECIAL EDUCATION PROGRAMS; APPROVAL; AID PAYMENTS; TRAVEL AID; LITIGATION COSTS.

Subd. 9.

Litigation costs; annual report.

(a) By November 30 of each year, a school district must annually report the district's special education litigation costs, including attorney fees and costs of due process hearings, to the commissioner of education, consistent with the Uniform Financial Accounting and Reporting Standards.

(b) By February 1 of each year, the commissioner shall report school district special education litigation costs to the house of representatives and the senate committees having jurisdiction over kindergarten through grade 12 education finance.

126C.16 REFERENDUM AND DESEGREGATION REVENUE CONVERSION.

Subdivision 1.

Revenue conversion.

Except as provided under subdivision 3, the referendum authority under section 126C.17 of a district must be converted by the department according to this section.

Subd. 3.

Per pupil revenue conversion.

(a) The department must convert each district's referendum revenue authority for fiscal year 2002 and later years to an allowance per pupil unit as follows: the revenue allowance equals the amount determined by dividing the district's maximum revenue under section 126C.17, for fiscal year 2001 by the district's 2000-2001 resident marginal cost pupil units. A district's maximum revenue for all later years for which the revenue is authorized equals the revenue allowance times the district's resident marginal cost pupil units for that year.

(b) The referendum allowance reduction must be applied first to the authority with the earliest expiration date.

126C.17 REFERENDUM REVENUE.

Subd. 9a.

Board-approved referendum allowance.

Notwithstanding subdivision 9, a school district may convert up to $300 per adjusted pupil unit of referendum authority from voter approved to board approved by a board vote. A district with less than $300 per adjusted pupil unit of referendum authority after the local optional revenue subtraction under subdivision 1 may authorize new referendum authority up to the difference between $300 per adjusted pupil unit and the district's referendum authority. The board may authorize this levy for up to five years and may subsequently reauthorize that authority in increments of up to five years.

128C.02 DUTIES, POLICIES, CRITERIA, RULES OF BOARD.

Subd. 6.

Annual report.

The board annually shall prepare a written report containing the information about the league that the commissioner is required to obtain and review under section 128C.20. The board shall present copies of the report in a timely manner to the education committees of the legislature.

136A.15 DEFINITIONS.

Subd. 2.

Academic year or its equivalent.

"Academic year or its equivalent" shall be as defined in the federal regulations which govern the administration of the National Vocational Student Loan Insurance Act of 1965 and title IV of the Higher Education Act of 1965.

Subd. 7.

Eligible lender.

"Eligible lender" means an eligible institution, an agency or instrumentality of a state, or a financial or credit institution (including an insurance company) which is subject to examination and supervision by an agency of the state of Minnesota or of the United States.

136A.1701 SUPPLEMENTAL AND ADDITIONAL LOANS.

Subd. 12.

Eligible student.

"Eligible student" means a student who is a Minnesota resident who is enrolled or accepted for enrollment at an eligible institution in Minnesota or in another state or province. Non-Minnesota residents are eligible students if they are enrolled or accepted for enrollment in a minimum of one course of at least 30 days in length during the academic year that requires physical attendance at an eligible institution located in Minnesota. Non-Minnesota resident students enrolled exclusively during the academic year in correspondence courses or courses offered over the Internet are not eligible students. Non-Minnesota resident students not physically attending classes in Minnesota due to enrollment in a study abroad program for 12 months or less are eligible students. Non-Minnesota residents enrolled in study abroad programs exceeding 12 months are not eligible students. For purposes of this section, an "eligible student" must also meet the eligibility requirements of section 136A.15, subdivision 8.

144A.45 REGULATION OF HOME CARE SERVICES.

Subd. 6.

Home care providers; tuberculosis prevention and control.

(a) A home care provider must establish and maintain a comprehensive tuberculosis infection control program according to the most current tuberculosis infection control guidelines issued by the United States Centers for Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report (MMWR). This program must include a tuberculosis infection control plan that covers all paid and unpaid employees, contractors, students, and volunteers. The Department of Health shall provide technical assistance regarding implementation of the guidelines.

(b) Written compliance with this subdivision must be maintained by the home care provider.

144A.479 HOME CARE PROVIDER RESPONSIBILITIES; BUSINESS OPERATION.

Subd. 2.

Advertising.

Home care providers shall not use false, fraudulent, or misleading advertising in the marketing of services. For purposes of this section, advertising includes any verbal, written, or electronic means of communicating to potential clients about the availability, nature, or terms of home care services.

144A.481 HOME CARE LICENSING IMPLEMENTATION FOR NEW LICENSEES AND TRANSITION PERIOD FOR CURRENT LICENSEES.

Subdivision 1.

Temporary home care licenses and changes of ownership.

(a) Beginning January 1, 2014, all temporary license applicants must apply for either a temporary basic or comprehensive home care license.

(b) Temporary home care licenses issued beginning January 1, 2014, shall be issued according to sections 144A.43 to 144A.4798, and the fees in section 144A.472. Temporary licensees must comply with the requirements of this chapter.

(c) No temporary license applications will be accepted nor temporary licenses issued between December 1, 2013, and December 31, 2013.

(d) Beginning October 1, 2013, changes in ownership applications will require payment of the new fees listed in section 144A.472. Providers who are providing nursing, delegated nursing, or professional health care services, must submit the fee for comprehensive home care providers, and all other providers must submit the fee for basic home care providers as provided in section 144A.472. Change of ownership applicants will be issued a new home care license based on the licensure law in effect on June 30, 2013.

Subd. 2.

Current home care licensees with licenses as of December 31, 2013.

(a) Beginning July 1, 2014, department licensed home care providers must apply for either the basic or comprehensive home care license on their regularly scheduled renewal date.

(b) By June 30, 2015, all home care providers must either have a basic or comprehensive home care license or temporary license.

Subd. 3.

Renewal application of home care licensure during transition period.

(a) Renewal and change of ownership applications of home care licenses issued beginning July 1, 2014, will be issued according to sections 144A.43 to 144A.4798 and, upon license renewal or issuance of a new license for a change of ownership, providers must comply with sections 144A.43 to 144A.4798. Prior to renewal, providers must comply with the home care licensure law in effect on June 30, 2013.

(b) The fees charged for licenses renewed between July 1, 2014, and June 30, 2016, shall be the lesser of 200 percent or $1,000, except where the 200 percent or $1,000 increase exceeds the actual renewal fee charged, with a maximum renewal fee of $6,625.

(c) For fiscal year 2014 only, the fees for providers with revenues greater than $25,000 and no more than $100,000 will be $313 and for providers with revenues no more than $25,000 the fee will be $125.

146B.02 ESTABLISHMENT LICENSE PROCEDURES.

Subd. 7a.

Supervisors.

(a) Only a technician who has been licensed as a body artist for at least two years in Minnesota or in a jurisdiction with which Minnesota has reciprocity may supervise a temporary technician.

(b) Any technician who agrees to supervise more than two temporary technicians during the same time period must provide to the commissioner a supervisory plan that describes how the technician will provide supervision to each temporary technician in accordance with section 146B.01, subdivision 28.

(c) The commissioner may refuse to approve as a supervisor a technician who has been disciplined in Minnesota or in another jurisdiction after considering the criteria described in subdivision 10, paragraph (b).

151.55 CANCER DRUG REPOSITORY PROGRAM.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in this subdivision have the meanings given.

(b) "Board" means the Board of Pharmacy.

(c) "Cancer drug" means a prescription drug that is used to treat:

(1) cancer or the side effects of cancer; or

(2) the side effects of any prescription drug that is used to treat cancer or the side effects of cancer.

(d) "Cancer drug repository" means a medical facility or pharmacy that has notified the board of its election to participate in the cancer drug repository program.

(e) "Cancer supply" or "supplies" means prescription and nonprescription cancer supplies needed to administer a cancer drug.

(f) "Dispense" has the meaning given in section 151.01, subdivision 30.

(g) "Distribute" means to deliver, other than by administering or dispensing.

(h) "Donor" means an individual and not a drug manufacturer or wholesale drug distributor who donates a cancer drug or supply according to the requirements of the cancer drug repository program.

(i) "Medical facility" means an institution defined in section 144.50, subdivision 2.

(j) "Medical supplies" means any prescription and nonprescription medical supply needed to administer a cancer drug.

(k) "Pharmacist" has the meaning given in section 151.01, subdivision 3.

(l) "Pharmacy" means any pharmacy registered with the Board of Pharmacy according to section 151.19, subdivision 1.

(m) "Practitioner" has the meaning given in section 151.01, subdivision 23.

(n) "Prescription drug" means a legend drug as defined in section 151.01, subdivision 17.

(o) "Side effects of cancer" means symptoms of cancer.

(p) "Single-unit-dose packaging" means a single-unit container for articles intended for administration as a single dose, direct from the container.

(q) "Tamper-evident unit dose packaging" means a container within which a drug is sealed so that the contents cannot be opened without obvious destruction of the seal.

Subd. 2.

Establishment.

The Board of Pharmacy shall establish and maintain a cancer drug repository program, under which any person may donate a cancer drug or supply for use by an individual who meets the eligibility criteria specified under subdivision 4. Under the program, donations may be made on the premises of a medical facility or pharmacy that elects to participate in the program and meets the requirements specified under subdivision 3.

Subd. 3.

Requirements for participation by pharmacies and medical facilities.

(a) To be eligible for participation in the cancer drug repository program, a pharmacy or medical facility must be licensed and in compliance with all applicable federal and state laws and administrative rules.

(b) Participation in the cancer drug repository program is voluntary. A pharmacy or medical facility may elect to participate in the cancer drug repository program by submitting the following information to the board, in a form provided by the board:

(1) the name, street address, and telephone number of the pharmacy or medical facility;

(2) the name and telephone number of a pharmacist who is employed by or under contract with the pharmacy or medical facility, or other contact person who is familiar with the pharmacy's or medical facility's participation in the cancer drug repository program; and

(3) a statement indicating that the pharmacy or medical facility meets the eligibility requirements under paragraph (a) and the chosen level of participation under paragraph (c).

(c) A pharmacy or medical facility may fully participate in the cancer drug repository program by accepting, storing, and dispensing or administering donated drugs and supplies, or may limit its participation to only accepting and storing donated drugs and supplies. If a pharmacy or facility chooses to limit its participation, the pharmacy or facility shall distribute any donated drugs to a fully participating cancer drug repository according to subdivision 8.

(d) A pharmacy or medical facility may withdraw from participation in the cancer drug repository program at any time upon notification to the board. A notice to withdraw from participation may be given by telephone or regular mail.

Subd. 4.

Individual eligibility requirements.

Any Minnesota resident who is diagnosed with cancer is eligible to receive drugs or supplies under the cancer drug repository program. Drugs and supplies shall be dispensed or administered according to the priority given under subdivision 6, paragraph (d).

Subd. 5.

Donations of cancer drugs and supplies.

(a) Any one of the following persons may donate legally obtained cancer drugs or supplies to a cancer drug repository, if the drugs or supplies meet the requirements under paragraph (b) or (c) as determined by a pharmacist who is employed by or under contract with a cancer drug repository:

(1) an individual who is 18 years old or older; or

(2) a pharmacy, medical facility, drug manufacturer, or wholesale drug distributor, if the donated drugs have not been previously dispensed.

(b) A cancer drug is eligible for donation under the cancer drug repository program only if the following requirements are met:

(1) the donation is accompanied by a cancer drug repository donor form described under paragraph (d) that is signed by the person making the donation or that person's authorized representative;

(2) the drug's expiration date is at least six months later than the date that the drug was donated;

(3) the drug is in its original, unopened, tamper-evident unit dose packaging that includes the drug's lot number and expiration date. Single-unit dose drugs may be accepted if the single-unit-dose packaging is unopened; and

(4) the drug is not adulterated or misbranded.

(c) Cancer supplies are eligible for donation under the cancer drug repository program only if the following requirements are met:

(1) the supplies are not adulterated or misbranded;

(2) the supplies are in their original, unopened, sealed packaging; and

(3) the donation is accompanied by a cancer drug repository donor form described under paragraph (d) that is signed by the person making the donation or that person's authorized representative.

(d) The cancer drug repository donor form must be provided by the board and shall state that to the best of the donor's knowledge the donated drug or supply has been properly stored and that the drug or supply has never been opened, used, tampered with, adulterated, or misbranded. The board shall make the cancer drug repository donor form available on the Board of Pharmacy's website.

(e) Controlled substances and drugs and supplies that do not meet the criteria under this subdivision are not eligible for donation or acceptance under the cancer drug repository program.

(f) Drugs and supplies may be donated on the premises of a cancer drug repository to a pharmacist designated by the repository. A drop box may not be used to deliver or accept donations.

(g) Cancer drugs and supplies donated under the cancer drug repository program must be stored in a secure storage area under environmental conditions appropriate for the drugs or supplies being stored. Donated drugs and supplies may not be stored with nondonated inventory.

Subd. 6.

Dispensing requirements.

(a) Drugs and supplies must be dispensed by a licensed pharmacist pursuant to a prescription by a practitioner or may be dispensed or administered by a practitioner according to the requirements of this chapter and within the practitioner's scope of practice.

(b) Cancer drugs and supplies shall be visually inspected by the pharmacist or practitioner before being dispensed or administered for adulteration, misbranding, and date of expiration. Drugs or supplies that have expired or appear upon visual inspection to be adulterated, misbranded, or tampered with in any way may not be dispensed or administered.

(c) Before a cancer drug or supply may be dispensed or administered to an individual, the individual must sign a cancer drug repository recipient form provided by the board acknowledging that the individual understands the information stated on the form. The form shall include the following information:

(1) that the drug or supply being dispensed or administered has been donated and may have been previously dispensed;

(2) that a visual inspection has been conducted by the pharmacist or practitioner to ensure that the drug has not expired, has not been adulterated or misbranded, and is in its original, unopened packaging; and

(3) that the dispensing pharmacist, the dispensing or administering practitioner, the cancer drug repository, the Board of Pharmacy, and any other participant of the cancer drug repository program cannot guarantee the safety of the drug or supply being dispensed or administered and that the pharmacist or practitioner has determined that the drug or supply is safe to dispense or administer based on the accuracy of the donor's form submitted with the donated drug or supply and the visual inspection required to be performed by the pharmacist or practitioner before dispensing or administering.

The board shall make the cancer drug repository form available on the Board of Pharmacy's website.

(d) Drugs and supplies shall only be dispensed or administered to individuals who meet the eligibility requirements in subdivision 4 and in the following order of priority:

(1) individuals who are uninsured;

(2) individuals who are enrolled in medical assistance, MinnesotaCare, Medicare, or other public assistance health care; and

(3) all other individuals who are otherwise eligible under subdivision 4 to receive drugs or supplies from a cancer drug repository.

Subd. 7.

Handling fees.

A cancer drug repository may charge the individual receiving a drug or supply a handling fee of no more than 250 percent of the medical assistance program dispensing fee for each cancer drug or supply dispensed or administered.

Subd. 8.

Distribution of donated cancer drugs and supplies.

(a) Cancer drug repositories may distribute drugs and supplies donated under the cancer drug repository program to other repositories if requested by a participating repository.

(b) A cancer drug repository that has elected not to dispense donated drugs or supplies shall distribute any donated drugs and supplies to a participating repository upon request of the repository.

(c) If a cancer drug repository distributes drugs or supplies under paragraph (a) or (b), the repository shall complete a cancer drug repository donor form provided by the board. The completed form and a copy of the donor form that was completed by the original donor under subdivision 5 shall be provided to the fully participating cancer drug repository at the time of distribution.

Subd. 9.

Resale of donated drugs or supplies.

Donated drugs and supplies may not be resold.

Subd. 10.

Record-keeping requirements.

(a) Cancer drug repository donor and recipient forms shall be maintained for at least five years.

(b) A record of destruction of donated drugs and supplies that are not dispensed under subdivision 6 shall be maintained by the dispensing repository for at least five years. For each drug or supply destroyed, the record shall include the following information:

(1) the date of destruction;

(2) the name, strength, and quantity of the cancer drug destroyed;

(3) the name of the person or firm that destroyed the drug; and

(4) the source of the drugs or supplies destroyed.

Subd. 11.

Liability.

(a) The manufacturer of a drug or supply is not subject to criminal or civil liability for injury, death, or loss to a person or to property for causes of action described in clauses (1) and (2). A manufacturer is not liable for:

(1) the intentional or unintentional alteration of the drug or supply by a party not under the control of the manufacturer; or

(2) the failure of a party not under the control of the manufacturer to transfer or communicate product or consumer information or the expiration date of the donated drug or supply.

(b) A medical facility or pharmacy participating in the program, a pharmacist dispensing a drug or supply pursuant to the program, a practitioner dispensing or administering a drug or supply pursuant to the program, or a donor of a cancer drug or supply as defined in subdivision 1 is immune from civil liability for an act or omission that causes injury to or the death of an individual to whom the cancer drug or supply is dispensed and no disciplinary action shall be taken against a pharmacist or practitioner so long as the drug or supply is donated, accepted, distributed, and dispensed according to the requirements of this section. This immunity does not apply if the act or omission involves reckless, wanton, or intentional misconduct, or malpractice unrelated to the quality of the cancer drug or supply.

155A.28 HAIR BRAIDING.

Subdivision 1.

Registration.

Any person engaged in hair braiding solely for compensation as a profession, except persons licensed as cosmetologists, shall register with the Minnesota Board of Cosmetologist Examiners in a form determined by the board.

Subd. 3.

Requirements.

In order to qualify for initial registration, any person engaged in hair braiding solely for compensation as a profession, except persons licensed as cosmetologists, shall satisfactorily complete instruction at either an accredited school, professional association, or by an individual approved by the board. Instruction includes coursework covering the topics of health, safety, infection control, and state laws related to cosmetology not to exceed 30 hours. The coursework is encouraged to be provided in a foreign language format and such availability shall be reported to and posted by the Minnesota Board of Cosmetologist Examiners.

Subd. 4.

Curriculum.

An accredited school, professional association, or an individual approved by the board desiring to provide the coursework required under subdivision 3 shall have curriculum in place by January 1, 2008.

168.013 VEHICLE REGISTRATION TAXES.

Subd. 21.

Technology surcharge.

For every vehicle registration renewal required under this chapter, the commissioner shall collect a surcharge of: (1) $1.75 until June 30, 2012; and (2) $1 from July 1, 2012, to June 30, 2016. Surcharges collected under this subdivision must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.

No active language found for: 169A.07

169A.33 UNDERAGE DRINKING AND DRIVING.

No active language found for: 169A.33.1

214.075 HEALTH-RELATED LICENSING BOARDS; CRIMINAL BACKGROUND CHECKS.

Subd. 8.

Instructions to the board; plans.

The health-related licensing boards, in collaboration with the commissioner of human services and the BCA, shall establish a plan for completing criminal background checks of all licensees who were licensed before the effective date requirement under subdivision 1. The plan must seek to minimize duplication of requirements for background checks of licensed health professionals. The plan for background checks of current licensees shall be developed no later than January 1, 2017, and may be contingent upon the implementation of a system by the BCA or FBI in which any new crimes that an applicant or licensee commits after an initial background check are flagged in the BCA's or FBI's database and reported back to the board. The plan shall include recommendations for any necessary statutory changes.

216B.2423 WIND POWER MANDATE.

Subdivision 1.

Mandate.

A public utility, as defined in section 216B.02, subdivision 4, that operates a nuclear-powered electric generating plant within this state must construct and operate, purchase, or contract to construct and operate: (1) 225 megawatts of electric energy installed capacity generated by wind energy conversion systems within the state by December 31, 1998; and (2) an additional 200 megawatts of installed capacity so generated by December 31, 2002.

For the purpose of this section, "wind energy conversion system" has the meaning given it in section 216C.06, subdivision 19.

Subd. 2.

Resource planning mandate.

The Public Utilities Commission shall order a public utility subject to subdivision 1, to construct and operate, purchase, or contract to purchase an additional 400 megawatts of electric energy installed capacity generated by wind energy conversion systems by December 31, 2002, subject to resource planning and least cost planning requirements in section 216B.2422.

Subd. 2a.

Site preference.

The Public Utilities Commission shall ensure that a utility subject to the requirements of subdivision 1, clause (2), shall implement that clause with a preference for wind energy conversion systems within the state. This preference shall not prevent the utility from constructing or contracting to construct wind energy conversion systems outside the state, if the Public Utilities Commission determines that selection of a facility within the state conflicts with the requirements of section 216B.03.

Subd. 3.

Standard contract for wind energy conversion systems.

The Public Utilities Commission shall require a public utility subject to subdivision 1 to develop and file in a form acceptable to the commission by October 1, 1997, a standard form contract for the purchase of electricity from wind conversion systems with installed capacity of two megawatts and less. For purposes of applying the two megawatts limit, the installed capacity sold to the public utility from a single seller or affiliated group of sellers shall be cumulated. The standard contract shall include all the terms and conditions for purchasing wind-generated power by the utility, except for price and any other specific terms necessary to ensure system reliability and safety, which shall be separately negotiable.

221.161 SCHEDULE OF RATES AND CHARGES.

No active language found for: 221.161.2

No active language found for: 221.161.3

No active language found for: 221.161.4

256B.0625 COVERED SERVICES.

Subd. 31c.

Preferred incontinence product program.

The commissioner shall implement a preferred incontinence product program by July 1, 2018. The program shall require the commissioner to volume purchase incontinence products and related supplies in accordance with section 256B.04, subdivision 14. Medical assistance coverage for incontinence products and related supplies shall conform to the limitations established under the program.

256B.0705 PERSONAL CARE ASSISTANCE SERVICES; MANDATED SERVICE VERIFICATION.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have the meanings given them.

(b) "Personal care assistance services" or "PCA services" means services provided according to section 256B.0659.

(c) "Personal care assistant" or "PCA" has the meaning given in section 256B.0659, subdivision 1.

(d) "Service verification" means a random, unscheduled telephone call made for the purpose of verifying that the individual personal care assistant is present at the location where personal care assistance services are being provided and is providing services as scheduled.

Subd. 2.

Verification schedule.

An agency that submits claims for reimbursement for PCA services under this chapter must develop and implement administrative policies and procedures by which the agency verifies the services provided by a PCA. For each service recipient, the agency must conduct at least one service verification every 90 days. If more than one PCA provides services to a single service recipient, the agency must conduct a service verification for each PCA providing services before conducting a service verification for a PCA whose services were previously verified by the agency. Service verification must occur on an ongoing basis while the agency provides PCA services to the recipient. During service verification, the agency must speak with both the PCA and the service recipient or recipient's authorized representative. Only qualified professional service verifications are eligible for reimbursement. An agency may substitute a visit by a qualified professional that is eligible for reimbursement under section 256B.0659, subdivision 14 or 19.

Subd. 3.

Documentation of verification.

An agency must fully document service verifications in a legible manner and must maintain the documentation on site for at least five years from the date of documentation. For each service verification, documentation must include:

(1) the names and signatures of the service recipient or recipient's authorized representative, the PCA and any other agency staff present with the PCA during the service verification, and the staff person conducting the service verification; and

(2) the start and end time, day, month, and year of the service verification, and the corresponding PCA time sheet.

Subd. 4.

Variance.

The Office of Inspector General at the Department of Human Services may grant a variance to the service verification requirements in this section if an agency uses an electronic monitoring system or other methods that verify a PCA is present at the location where services are provided and is providing services according to the prescribed schedule. A decision to grant or deny a variance request is final and not subject to appeal under chapter 14.

268.053 PAYMENT TO TRUST FUND BY NONPROFIT ORGANIZATIONS.

Subd. 4.

Application.

For purposes of this section, a nonprofit organization is an organization, or group of organizations, described in United States Code, title 26, section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a).

Subd. 5.

Compromise.

The compromise authority set out in section 268.067 applies to this section.

360.063 AIRPORT ZONING; AUTHORITY, PROCEDURE.

Subd. 4.

Airport approach.

The commissioner may recommend an airport approach plan for each publicly owned airport in the state and for each privately owned airport of the publicly owned class and from time to time recommend revisions of the plan. A plan shall indicate the circumstances in which structures or trees are or would be airport hazards, the airport hazard area, and what measures should be taken to eliminate airport hazards. The commissioner shall prescribe airport approach and turning standards for airports of various classes, and airport zoning regulations adopted by a municipality, county, or joint airport zoning board shall conform to the standards, except as provided in sections 360.065 and 360.066.

360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED REGULATIONS.

Subd. 2.

Regulations submitted to commissioner.

Prior to adopting zoning regulations for an airport hazard area under sections 360.011 to 360.076, the municipality, county, or joint airport zoning board which is to adopt the regulations shall submit its proposed regulations to the commissioner in order that the commissioner may determine whether it conforms to the standards prescribed by the commissioner. The commissioner shall immediately examine the proposed regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval, or objections, if any. If objections are made by the commissioner on the ground that the regulations do not conform to the standards prescribed by the commissioner for the class of airport involved, the municipality, county, or joint zoning board shall make amendments as are necessary to meet the objections unless it demonstrates that the social and economic costs of restricting land uses in accordance with the standards outweigh the benefits of a strict application of the standards. The governing body of the municipality or county or the joint airport zoning board shall not adopt the regulations or take other action until the proposed regulations are approved by the commissioner. The commissioner may approve local zoning ordinances that are more stringent than the standards. A copy of the regulations as adopted shall be filed with the county recorder in each county in which the zoned area is located.

Substantive rights existing prior to the passage of this subdivision and previously exercised are not affected by the filing of the regulations.

360.066 AIRPORT ZONING; MINIMUM STANDARDS, LAND USES.

Subd. 1a.

Protection of existing neighborhood.

(a) In order to ensure the minimum disruption of existing land uses, particularly established residential neighborhoods in built-up urban areas, the airport zoning standards of the commissioner and the local airport zoning ordinances or regulations adopted under sections 360.061 to 360.074 shall distinguish between the creation or establishment of a use and the elimination of an existing use, and shall avoid the elimination, removal, or reclassification of existing uses to the extent consistent with reasonable standards of safety. The standards of the commissioner shall include criteria for determining when an existing land use may constitute an airport hazard so severe that considerations of public safety outweigh the public interest in preventing disruption to that land use.

(b) No airport zoning standards or local airport zoning ordinances or regulations shall be adopted pursuant to sections 360.061 to 360.074 that classify as a nonconforming use or require such classification with respect to any low-density residential structure or isolated low-density residential building lots existing on January 1, 1978, in an established residential neighborhood.

(c) A local airport zoning authority may classify a land use described in paragraph (b) as an airport hazard if that authority finds that this classification is justified by considerations of public safety and is consistent with the airport zoning standards of the commissioner. Any land use described in paragraph (b) which is classified as an airport hazard shall be acquired, altered, or removed at public expense.

(d) The provisions of this subdivision shall not be construed to affect the classification of any land use under any zoning ordinances or regulations not adopted pursuant to sections 360.061 to 360.074.

Subd. 1b.

Amendment of standards.

Within nine months after March 29, 1978, the commissioner shall amend the standards defining airport hazard areas and categories of uses permitted therein to conform with the requirements of Laws 1978, chapter 654. Until the commissioner adopts amended standards as required by this subdivision the unamended standards, insofar as they require classification of any residential property as a nonconforming use contrary to the provisions of subdivision 1a, paragraph (b), shall be without force or effect.

401.13 COSTS OF CONFINEMENT; PAYMENT.

Each participating county will be charged a sum equal to the actual per diem cost of confinement, excluding educational costs, of those juveniles committed to the commissioner and confined in a state correctional facility. The commissioner shall annually determine costs making necessary adjustments to reflect the actual costs of confinement. The commissioner of corrections shall bill the counties and deposit the receipts from the counties in the general fund. All charges shall be a charge upon the county of commitment.

471.9996 RENT CONTROL PROHIBITED.

Subd. 2.

Exception.

Subdivision 1 does not preclude a statutory or home rule charter city, county, or town from controlling rents on private residential property to the extent that the city, county, or town has the power to adopt an ordinance, charter amendment, or law to control these rents if the ordinance, charter amendment, or law that controls rents is approved in a general election. Subdivision 1 does not limit any power or authority of the voters of a statutory or home rule charter city, county, or town to petition for an ordinance or charter amendment to control rents on private residential property to the extent that the power or authority is otherwise provided for by law, and if the ordinance or charter amendment is approved in a general election. This subdivision does not grant any additional power or authority to the citizens of a statutory or home rule charter city, county, or town to vote on any question beyond that contained in other law.

609.349 VOLUNTARY RELATIONSHIPS.

A person does not commit criminal sexual conduct under sections 609.342, clauses (a) and (b), 609.343, clauses (a) and (b), 609.344, clauses (a), (b), (d), (e), and (n), and 609.345, clauses (a), (b), (d), (e), and (n), if the actor and complainant were adults cohabiting in an ongoing voluntary sexual relationship at the time of the alleged offense, or if the complainant is the actor's legal spouse, unless the couple is living apart and one of them has filed for legal separation or dissolution of the marriage. Nothing in this section shall be construed to prohibit or restrain the prosecution for any other offense committed by one legal spouse against the other.

Repealed Minnesota Session Laws: S3656-3

Laws 2016, chapter 189, article 25, section 62, subdivision 16

Sec. 62. new text beginAPPROPRIATIONS.new text end

new text begin Subd. 16. new text end

new text begin Grants for vision therapy pilot project. new text end

new text begin (a) For a grant to Independent School District No. 12, Centennial, to implement a neuro-optometric vision therapy pilot project: new text end

new text begin $ new text end new text begin 200,000 new text end new text begin ..... new text end new text begin 2017 new text end

new text begin This is a onetime appropriation and is available until June 30, 2019. new text end

new text begin (b) In each year of the pilot project, second and third grade students identified by a set of criteria created by the district shall be admitted into the pilot study. Identified students shall have a comprehensive eye examination with written standard requirements of testing. Students identified with a diagnosis of convergence insufficiency must undergo a vision efficiency evaluation by a licensed optometrist or ophthalmologist trained in the evaluation of learning-related vision problems. The results of this examination shall determine whether a student will qualify for neuro-optometric vision therapy funded by the grant. The parent or guardian of a student who qualifies for the pilot program under this paragraph may submit a written notification to the school opting the student out of the program. The district must establish guidelines to provide quality standards and measures to ensure an appropriate diagnosis and treatment plan that is consistent with the convergence insufficiency treatment trial study. new text end

new text begin (c) The commissioner of education must provide for an evaluation of the pilot project and make a report to the legislative committees with jurisdiction over kindergarten through grade 12 education policy and finance by January 15, 2020. new text end

Laws 2017, First Special Session chapter 4, article 2, section 59 by Laws 2018, chapter 214, article 5, section 16

$$$$$$$$1$.01$$$$$$$$.$$$$$$$$2$$$$$$$$$1$.01$$$$$$$$.$$$$$$$$3$$$$$$$$$1$.01$$$$$$$$.$$$$$$$$4$

Repealed Minnesota Rule: S3656-3

5600.0605 LICENSE RENEWAL PROCEDURES.

Subp. 5.

Service.

The licensee must maintain a correct mailing address with the board for receiving board communications, notices, and licensure renewal documents. Placing the license renewal application in first class United States mail, addressed to the licensee at the licensee's last known address with postage prepaid, constitutes valid service. Failure to receive the renewal documents does not relieve a license holder of the obligation to comply with this part.

Subp. 8.

Removal of name from list.

The names of licensees who do not return a complete license renewal application, the annual license fee, or the late application fee within the time period listed in subpart 7, shall be removed from the list of individuals authorized to practice medicine and surgery during the current renewal period. Upon reinstatement of licensure, the licensee's name will be placed on the list of individuals authorized to practice medicine and surgery.

8700.7620 TEACHER LICENSURE CANDIDATE ASSESSMENT ALTERNATIVES.

Subpart 1.

Commissioner's assessment process.

A teacher qualification assessment process established and maintained by the commissioner of education may be authorized by the Professional Educator Licensing and Standards Board for recommending candidates for teacher licensure upon the commissioner's submitting evidence that the process ensures that candidates recommended by the commissioner have demonstrated all qualifications required for the licensure for which they are recommended.

Subp. 2.

Board assessment process.

The Professional Educator Licensing and Standards Board may authorize its executive director to recommend candidates for teacher licensure when the executive director determines that recommended candidates have demonstrated all qualifications for the licensure for which they are recommended.

Subp. 3.

Written agreement.

Authorizations provided under subpart 1 or 2 shall be documented through a written statement of specifications and conditions under which the board grants the specified authority to recommend. Those conditions shall include regular reporting to the board regarding licensure recommendations provided under those authorizations.

8710.0300 ISSUANCE, RENEWAL, AND VALIDITY OF ALL LICENSES.

Subp. 11.

Annual review.

By September 1 of each year, the Professional Educator Licensing and Standards Board shall issue an annual report summarizing the previous fiscal year's temporary limited licenses, personnel variances, waivers, and permissions to hire nonlicensed community experts, organized by licensure field and by school district or charter school.

Subp. 2b.

Multiple expiration dates.

If the licensee has completed and verified the professional license renewal requirements, a licensee may renew a year early for the purpose of correlating the expiration dates of professional licenses held.

Subp. 1a.

Types of licenses.

The Professional Educator Licensing and Standards Board shall grant the following types of licenses which shall be valid for the period of time specified in this subpart:

A.

professional license, which expires five years from the June 30 nearest the date the license is issued;

B.

entrance license, which expires two years from the June 30 nearest the date the license is issued;

C.

nonrenewable license, which expires no more than three years from the June 30 nearest the date the license is issued;

D.

temporary limited license, which expires on June 30 of the school year for which the license is issued, except for a temporary limited license issued under part 8710.0400, subpart 4, which expires one year from the June 30 nearest the date the license is issued;

E.

limited intern license, which expires on June 30 of the school year for which the license is issued;

F.

five-year short call substitute teacher license, which expires five years from the June 30 nearest the date the license is issued;

G.

temporary limited short call substitute teacher license, which expires two years from the June 30 nearest the date the license is issued; and

H.

life license, which does not expire.

Effective with licenses issued on or after October 16, 2000, no person may hold a license under item C or D, or any combination of licenses under items C and D, for more than three years.

A license shall bear the date of issue and the date of expiration, and, if renewable, may be renewed on or after January 1 in the year of expiration upon application and meeting renewal requirements. A license shall expire if it is not renewed by July 1 in the year of expiration.

Subpart 1.

In general.

Licenses shall be granted by the Professional Educator Licensing and Standards Board to applicants who otherwise meet all requirements of applicable statutes and rules.

An applicant must qualify separately for each licensure area for which application is made and provide evidence of satisfactory completion of a program in the licensure area which has been approved by the board. A license becomes valid on the date issued by the personnel licensing section.

Subp. 2.

First professional license.

The first license which shall be issued in any licensure area to an applicant who meets all requirements of subpart 1 and who completes an approved program leading to licensure in a Minnesota institution which is approved by the Professional Educator Licensing and Standards Board to prepare persons for licensure is a first professional license.

Subp. 3.

Renewal of professional license.

A professional license shall be renewed upon application according to this chapter and chapter 8700 governing continuing education.

If an applicant has not been employed in a position requiring Minnesota licensure at any time during the school year immediately preceding the date of expiration, the applicant's professional license shall be renewed if one of the following is submitted:

A.

verification by a local continuing education committee that the applicant has met renewal requirements for the professional license during the five-year period immediately preceding the application;

B.

evidence that the applicant earned at least 12 quarter or eight semester hours of credit, applicable to the licensure fields, during the five-year period immediately preceding the application; or

C.

if neither item A nor B is submitted, a one-year extension of the expired professional license may be granted based on evidence that the applicant has been offered a position contingent upon holding a valid license. This extension expires on June 30 of the school year for which the license is issued and is nonrenewable. In order to qualify for a professional license after the one-year extension, the applicant shall provide evidence that renewal requirements for the professional license have been met under item A.

Subp. 5.

Classroom teaching license.

For purposes of licensure rules that require holding a valid classroom teaching license as a prerequisite for issuance of an additional field of licensure, the definition of a "classroom teaching license" is a nonvocational license valid to teach elementary school, secondary school subjects, or kindergarten to grade 12 subjects, or a secondary vocational license based on degree requirements in home economics education, industrial education, agriculture education, business education, or marketing education. This definition does not include limited licenses, provisional licenses, intern licenses, special education licenses, family education licenses, prekindergarten licenses, postsecondary vocational licenses, or secondary vocational licenses based upon criteria other than degree requirements in home economics education, industrial education, agriculture education, business education, or marketing education. This definition also does not include licenses as school psychologists, school counselors, school social workers, school nurses, recreation personnel, school administrators, school business officers, community education directors, special education directors, or secondary vocational directors or supervisors.

Subp. 6.

Renewal of previously issued entrance license.

An applicant with a current or expired two-year entrance license who has not completed one year of teaching experience while holding a valid license may renew the entrance license for one additional two-year period only, after which time an applicant shall be granted a professional license. The professional license shall be renewed upon application according to the rules of the Professional Educator Licensing and Standards Board governing continuing education. First time entrance licenses shall not be issued on or after October 16, 2000.

Subp. 7.

Licensure based on minor preparation.

A teacher holding a license that was first issued prior to September 1, 2001, and is valid for teaching in grades 7 through 12 based on Professional Educator Licensing and Standards Board rules authorizing half-time teaching based on minor preparation may teach half time or less during the school day in any secondary school those subjects or fields in which the teacher holds licensure. Notwithstanding subpart 1a, any teacher holding licensure valid for half-time teaching in grades 7 through 12 first issued after September 1, 1966, shall, within seven years after first issuance, acquire the minimum established by the board for major preparation based on rules authorizing the issuance of the original half-time license in order to continue to be licensed to teach in that subject or field.

Subp. 8.

Validity of licenses held.

A teacher holding secondary school licensure valid for teaching in grades 7 through 12 may teach in grades 7 and 8 of any school organizational pattern in those subjects or fields for which valid licensure is held. A teacher holding elementary school licensure valid for teaching in grades 1 through 6 may teach in grades 7 and 8 only if the teacher is providing instruction using a self-contained classroom teaching model. Any other license issued prior to September 1, 2001, is valid only for the grade level, licensure field, and school organizational pattern for which the license was first issued.

Subp. 9.

Emergencies.

If a person documents an emergency that prevents the person from completing rule requirements in order to continue to be licensed in that field, or if a school district or charter school documents an emergency for which no additional temporary limited licenses or personnel variances are permitted by rule, the Professional Educator Licensing and Standards Board may take action to grant an emergency extension of time. Upon receiving an application for an extension of time, the board shall consider whether an extension of time shall be granted based on documentation of the emergency.

Subp. 10.

Corrections.

A license issued in error to a person who does not qualify for the license shall be corrected without charge to the licensee and the corrections shall be made without a hearing under part 8710.0900 and Minnesota Statutes, chapter 14. A license issued in error is not valid.

Subp. 2a.

Addition of professional license.

When a licensure area is added to a professional license in effect, the expiration date is that previously established for the professional license in effect.

8710.1000 SUBSTITUTE TEACHERS.

Subpart 1.

Long call substitute teacher.

A long call substitute teacher is one who replaces the same teacher for 15 or more consecutive days. A long call substitute teacher shall hold a Minnesota license valid for the assignment.

Subp. 2.

Short call substitute teacher.

A short call substitute teacher is one who teaches on a day-to-day basis not to exceed 15 consecutive days replacing the same teacher. A short call substitute teacher shall hold a Minnesota license or short call substitute license. These licenses are valid for functioning as a short call substitute teacher at all grade levels in all fields.

Subp. 3.

Criteria for issuance of five-year short call substitute teacher license.

The Professional Educator Licensing and Standards Board shall grant a five-year short call substitute teacher license to an applicant who has completed a teacher preparation program leading to full licensure in the governmental jurisdiction in which the teacher preparation program was completed.

Subp. 4.

Criteria for issuance of temporary limited short call substitute teacher license.

The Professional Educator Licensing and Standards Board shall grant a temporary limited short call substitute teacher license to an applicant if it finds that the following conditions are met:

A.

the designated administrator of an employing school district or charter school requests a temporary limited short call substitute teacher license;

B.

the designated administrator of an employing school district or charter school verifies in writing that the school district or charter school is experiencing hardship in securing a sufficient number of licensed teachers to meet the need for short call substitute teachers; and

C.

the applicant holds a baccalaureate degree from a United States college or university, or the equivalent.

8710.1050 LIMITED INTERN LICENSES.

Subpart 1.

Authority to issue limited intern licenses.

The Professional Educator Licensing and Standards Board authorizes the issuance of limited intern licenses that permit a person to serve as an intern under the direct supervision of a licensed teacher or other education professional licensed by the board for the equivalent of no more than one school year while completing a preparation program leading to board licensure. The limited intern license does not authorize the intern to serve as a teacher or other education professional.

Subp. 2.

Criteria for issuance.

The Professional Educator Licensing and Standards Board shall grant a limited intern license authorized under subpart 1 to an applicant if it finds that the following conditions are met:

A.

the designated administrator of the employing school district or charter school requests a limited intern license according to this part;

B.

the designated administrator of the employing school district or charter school verifies in writing that:

(1)

the intern position is designed to serve as a learning experience for a college or university student who is completing a preparation program leading to board licensure;

(2)

the intern will be assigned to assist a licensed teacher or other education professional licensed by the board whose students are the responsibility of the licensed teacher or other licensed professional;

(3)

the intern will serve under the direct, day-to-day supervision of a licensed teacher or other education professional licensed by the board, and will not serve as the classroom teacher or other education professional for students; and

(4)

the intern will not replace a licensed teacher or other licensed professional; and

C.

the applicant is recommended for limited intern licensure by a college or university approved by the board, verifying in writing that:

(1)

the applicant is currently enrolled in an approved preparation program leading to board licensure and has completed at least three years of preparation required for licensure; and

(2)

the college or university will assist in designing the learning experience and will provide supervision of the intern during the learning experience.

Subp. 3.

Validity and duration of limited intern licenses.

A limited intern license is issued for one school year or a portion of a school year from the date of issuance to the following June 30 and is valid for use in the requesting school district or charter school only. The license may be renewed once, upon application, if the intern must complete the equivalent of one school year of internship experience during the following school year. The license shall be revoked by the Professional Educator Licensing and Standards Board when it has been demonstrated that the intent and purpose of the licensure have not been fulfilled.

8710.1250 TEMPORARY LIMITED LICENSES.

Subpart 1.

Authority to issue temporary limited licenses.

The Professional Educator Licensing and Standards Board authorizes the issuance of temporary limited licenses that permit a person to teach in an area for which the person has not completed an approved preparation program that leads to licensure by the board.

Subp. 2.

Criteria for issuance.

The Professional Educator Licensing and Standards Board shall grant a temporary limited license authorized by subpart 1 to an applicant if it finds that the following conditions are met:

A.

the designated administrator of the employing school district or charter school requests a temporary limited license according to this part;

B.

the designated administrator of the employing school district or charter school verifies in writing that:

(1)

no applicant holding a license in a subject or field for which a temporary limited license is requested can fulfill the requirements of the position;

(2)

the position has been advertised, and if the position is one-half time or more, the position has been advertised statewide;

(3)

the school district or charter school will provide a mentor to give support and assistance in necessary skill development for the person holding a temporary limited license;

(4)

the applicant for whom the temporary limited license is requested holds a baccalaureate degree from a college or university accredited by the regional association for the accreditation of colleges and secondary schools; and

(5)

the applicant has completed a college or university degree with at least a minor in the area for which teacher licensure is requested, or a degree directly related to the professional preparation for which educational speech/language pathology, school nurse, school psychologist, school social worker, or school counselor licensure is requested. An applicant for a temporary limited license as a school nurse must also provide evidence of current registration to practice as a licensed registered nurse and current registration as a public health nurse under the Board of Nursing. An applicant for a temporary limited license as a school social worker must also provide evidence of current licensure to practice as a social worker under the Board of Social Work.

Subp. 2a.

Exception for temporary limited licenses for career and technical fields.

Limited licenses shall be issued for teaching career and technical fields under parts 8710.8010 to 8710.8080 to applicants who do not meet the criteria defined in subpart 2, item B, subitem (4), if the employing school district verifies that the individual has completed specific training for and at least four years of full-time employment or the equivalent in an occupation of the employment field to be taught. Renewal of temporary limited licenses issued under this subpart must require evidence of the applicant's having completed eight semester credits toward full licensure within the previous year. All other provisions of this part apply.

Subp. 3.

Validity and duration of temporary limited licenses.

An application for a temporary limited license must not be submitted prior to August 1 of the school year for which it is requested. A temporary limited license is issued for one school year or a portion of a school year from the date of issuance to the following June 30 and is valid for use in the requesting school district or charter school only. If the requesting school district or charter school offers summer school, a temporary limited license that expires on June 30 is valid for teaching summer school in the year of expiration of the license.

Subp. 4.

Number of temporary limited licenses allowed.

Beginning with temporary limited licenses issued on or after October 16, 2000, no more than three temporary limited licenses shall be granted to an applicant under subpart 2 and no more than five temporary limited licenses shall be granted to an applicant under subpart 2a.

Subp. 5.

Exception for applicants prepared in Minnesota teacher preparation institutions.

A graduate of a Minnesota teacher preparation institution who has been granted a temporary limited license under subpart 2 but has not successfully completed the skills area examination may renew the temporary limited license two times. To renew a temporary limited license an applicant must:

A.

provide an official score report which verifies having taken the examination during the period of each temporary limited license; and

B.

provide evidence of participating in an approved remedial assistance program provided by a school district or postsecondary institution that includes a formal diagnostic component in the specific areas in which the applicant did not obtain qualifying scores during the period of each temporary limited license.

Subp. 6.

Exception for applicants prepared outside Minnesota.

An applicant who has completed a licensure program outside Minnesota may be granted a temporary limited license under part 8710.0400.

8710.1400 PERSONNEL VARIANCES.

Subpart 1.

Authority to issue personnel variances.

The Professional Educator Licensing and Standards Board hereby authorizes the issuance of personnel variances which permit a teacher to teach in related subjects or fields for which such teacher is not currently licensed. The designated administrator of a local school district or charter school may request the board to issue a personnel variance which permits a teacher to teach subjects or fields for which that teacher is not currently licensed.

Subp. 2.

Criteria for issuance.

A personnel variance authorized by subpart 1 shall be issued to the designated administrator of a school district or charter school if the following conditions are met:

A.

the designated administrator of the school district or charter school requests a personnel variance according to this part;

B.

the designated administrator of the school district or charter school verifies in writing that:

(1)

reasonable efforts have been made to assign existing staff to fill the position with a fully licensed teacher;

(2)

no applicant holding a teaching license in a subject or field for which a personnel variance is requested can fulfill the requirements of the position; and

(3)

the position has been advertised, and if the position is one-half time or more, the position has been advertised statewide;

C.

the teacher for whom the request is made holds a current valid Minnesota entrance, professional, or nonrenewable license granted by the Professional Educator Licensing and Standards Board; and

D.

the teacher for whom the request is made is aware of the assignment.

Subp. 2a.

Exceptions.

No personnel variances shall be granted based on holding a current valid Minnesota temporary limited license unless the temporary limited license was granted based on having met all requirements except part 8710.0500. No personnel variances shall be granted for educational speech/language pathologists, school counselors, school nurses, school psychologists, or school social workers.

Subp. 3.

Duration of personnel variance.

An application for a personnel variance must not be submitted prior to July 1 of the school year for which it is requested. A personnel variance is valid for one school year or a portion of a school year from the date of state approval to the following June 30. If the requesting school district or charter school offers summer school, the personnel variance that expires on June 30 is valid for teaching summer school in the year of expiration of the personnel variance.

Subp. 3a.

Number of personnel variances allowed.

Beginning with personnel variances issued on or after October 16, 2000, no more than three personnel variances shall be granted for any teacher to teach in subjects or fields for which the teacher is not licensed.

Subp. 4.

Written conditions for granting or denying personnel variance.

The Professional Educator Licensing and Standards Board shall state in writing to the designated administrator of the school district or charter school the conditions for granting or denying the personnel variance requested pursuant to this part.

8710.1410 NONRENEWABLE LICENSE.

Subpart 1.

Authority to issue nonrenewable license.

The Professional Educator Licensing and Standards Board may issue a nonrenewable license that permits a licensed teacher to teach in a subject or field for which the teacher is not currently licensed. The designated administrator of a local school district or charter school may request the board to issue the teacher's nonrenewable license.

Subp. 2.

Criteria for issuance.

A nonrenewable license under subpart 1 shall be issued to the school district or charter school when the following conditions are met:

A.

the designated administrator of the school district or charter school requests a nonrenewable license under this part;

B.

the designated administrator of the school district or charter school in the application verifies in writing that:

(1)

reasonable efforts have been made to assign existing staff to fill the position with a fully licensed teacher;

(2)

no applicant holding a teaching license in the subject or field for which a nonrenewable license is requested can fulfill the requirements of the position;

(3)

the position has been advertised, and if the position is one-half time or more, the position has been advertised statewide;

(4)

the administrator on behalf of the licensed teacher will use the "High Objective Uniform State Standard of Evaluation" (HOUSSE) and those criteria as necessary and proper to demonstrate subject matter competence in the nonlicensed area as established by the Professional Educator Licensing and Standards Board in collaboration with the Department of Education, and that the teacher meets the board's criteria;

(5)

the district will provide for a high quality professional development plan for the teacher that is sustained and classroom-focused before and while teaching; and will provide ongoing support for the teacher or a teacher mentoring program; and

(6)

the teacher is in an approved course of study and will complete the approved program by the end of the third school year;

C.

the teacher for whom the request is made holds a current valid Minnesota entrance or professional license granted by the board; and

D.

the teacher for whom the request is made understands the criteria of the assignment and is in an approved course of study or there is evidence to demonstrate the teacher is making application for an approved course of study.

Subp. 3.

Exceptions.

A nonrenewable license shall not be granted to a teacher holding a temporary limited license. A nonrenewable license shall not be granted to speech/language pathologists, school counselors, school nurses, school psychologists, or school social workers.

Subp. 4.

Duration of nonrenewable license.

An application for a nonrenewable license must not be submitted before the July 1 preceding the first school year for which it is requested. A nonrenewable license is valid for three school years from the date of state approval to the end of the third school year, June 30. If the requesting school district or charter school offers summer school, the nonrenewable license that expires on June 30 is valid for teaching summer school in the year of expiration of the nonrenewable license.

Subp. 5.

Written conditions for granting or denying a nonrenewable license.

The Professional Educator Licensing and Standards Board shall state in writing to the designated administrator of the school district or charter school the conditions for granting or denying the nonrenewable license requested under this part.

Subp. 6.

Approval for professional license.

The board will issue a professional license to a teacher who has successfully completed all requirements under the board's jurisdiction as defined in Minnesota Statutes, section 122A.18.

8710.2100 CODE OF ETHICS FOR MINNESOTA TEACHERS.

Subpart 1.

Scope.

Each teacher, upon entering the teaching profession, assumes a number of obligations, one of which is to adhere to a set of principles which defines professional conduct. These principles are reflected in the following code of ethics, which sets forth to the education profession and the public it serves standards of professional conduct and procedures for implementation.

This code shall apply to all persons licensed according to rules established by the Professional Educator Licensing and Standards Board.

Subp. 2.

Standards of professional conduct.

The standards of professional conduct are as follows:

A.

A teacher shall provide professional education services in a nondiscriminatory manner.

B.

A teacher shall make reasonable effort to protect the student from conditions harmful to health and safety.

C.

In accordance with state and federal laws, a teacher shall disclose confidential information about individuals only when a compelling professional purpose is served or when required by law.

D.

A teacher shall take reasonable disciplinary action in exercising the authority to provide an atmosphere conducive to learning.

E.

A teacher shall not use professional relationships with students, parents, and colleagues to private advantage.

F.

A teacher shall delegate authority for teaching responsibilities only to licensed personnel.

G.

A teacher shall not deliberately suppress or distort subject matter.

H.

A teacher shall not knowingly falsify or misrepresent records or facts relating to that teacher's own qualifications or to other teachers' qualifications.

I.

A teacher shall not knowingly make false or malicious statements about students or colleagues.

J.

A teacher shall accept a contract for a teaching position that requires licensing only if properly or provisionally licensed for that position.

9530.6800 ASSESSMENT OF NEED FOR TREATMENT PROGRAMS.

Subpart 1.

Assessment of need required for licensure.

Before a license or a provisional license may be issued, the need for the chemical dependency treatment or rehabilitation program must be determined by the commissioner. Need for an additional or expanded chemical dependency treatment program must be determined, in part, based on the recommendation of the county board of commissioners of the county in which the program will be located and the documentation submitted by the applicant at the time of application.

If the county board fails to submit a statement to the commissioner within 60 days of the county board's receipt of the written request from an applicant, as required under part 9530.6810, the commissioner shall determine the need for the applicant's proposed chemical dependency treatment program based on the documentation submitted by the applicant at the time of application.

Subp. 2.

Documentation of need requirements.

An applicant for licensure under parts 9530.2500 to 9530.4000 and Minnesota Statutes, chapter 245G, must submit the documentation in items A and B to the commissioner with the application for licensure:

A.

The applicant must submit documentation that it has requested the county board of commissioners of the county in which the chemical dependency treatment program will be located to submit to the commissioner both a written statement that supports or does not support the need for the program and documentation of the rationale used by the county board to make its determination.

B.

The applicant must submit a plan for attracting an adequate number of clients to maintain its proposed program capacity, including:

(1)

a description of the geographic area to be served;

(2)

a description of the target population to be served;

(3)

documentation that the capacity or program designs of existing programs are not sufficient to meet the service needs of the chemically abusing or chemically dependent target population if that information is available to the applicant;

(4)

a list of referral sources, with an estimation as to the number of clients the referral source will refer to the applicant's program in the first year of operation; and

(5)

any other information available to the applicant that supports the need for new or expanded chemical dependency treatment capacity.

9530.6810 COUNTY BOARD RESPONSIBILITY TO REVIEW PROGRAM NEED.

When an applicant for licensure under parts 9530.2500 to 9530.4000 or Minnesota Statutes, chapter 245G, requests a written statement of support for a proposed chemical dependency treatment program from the county board of commissioners of the county in which the proposed program is to be located, the county board, or the county board's designated representative, shall submit a statement to the commissioner that either supports or does not support the need for the applicant's program. The county board's statement must be submitted in accordance with items A and B:

A.

the statement must be submitted within 60 days of the county board's receipt of a written request from the applicant for licensure; and

B.

the statement must include the rationale used by the county board to make its determination.