Minnesota Legislature
HF 4483
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/18/2024 01:31pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/29/2024 | |
| 1st Engrossment | Posted on 03/11/2024 |
Current Version - 1st Engrossment
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 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 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
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 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 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 8.31 8.32 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 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
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 11.33 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 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 13.28 13.29 13.30 13.31 13.32 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 14.29 14.30 14.31 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 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 17.34 17.35 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 18.32 18.33 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 19.32 19.33 19.34 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 20.30 20.31 20.32 20.33 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 21.32 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 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 23.31 23.32 23.33 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 24.32
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 25.31 25.32 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 26.30 26.31 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 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 30.33 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
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
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
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
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 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 37.34 37.35 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 38.33 38.34 38.35 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 39.30 39.31 39.32 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 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 41.32
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 42.31 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 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 45.28 45.29 45.30 45.31 45.32 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 46.32 46.33 46.34 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 47.32 47.33 47.34 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 48.33 48.34 48.35 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 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 50.31 50.32 50.33 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 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 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 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 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 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 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 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 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 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 64.35 64.36 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 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 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 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 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 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 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
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
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 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 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 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 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
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 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 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
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 84.34 84.35 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 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 87.32 87.33 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 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 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 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 95.29 95.30 95.31 95.32 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
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
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 99.31 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12
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
100.26 100.27 100.28 100.29 100.30 100.31 101.1 101.2 101.3 101.4
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
101.28 101.29 101.30 101.31 102.1 102.2 102.3 102.4 102.5
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
102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24
103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10
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
105.1 105.2 105.3 105.4
A bill for an act
relating to legislative enactments; making miscellaneous technical corrections to
laws and statutes; correcting erroneous, obsolete, and omitted text and references;
removing redundant, conflicting, and superseded provisions; amending Minnesota
Statutes 2022, sections 12A.02, subdivision 6; 12B.15, subdivision 8; 13.3805,
subdivision 1; 13.6401, subdivision 2; 14.37, subdivision 2; 16A.99, subdivision
4; 62V.04, subdivision 12; 62V.05, subdivision 5; 115A.952, subdivision 1; 116.07,
subdivision 4k; 120A.22, subdivision 11; 122A.182, subdivision 5; 123B.72,
subdivision 3; 124E.03, subdivision 7; 124E.14; 126C.05, subdivision 8; 126C.126;
126C.13, subdivision 4; 126C.17, subdivision 5; 150A.091, subdivisions 2, 5, 11a;
152.25, subdivision 1b; 155A.29, subdivision 2; 161.088, subdivision 7; 171.17,
subdivision 1; 171.22, subdivision 1; 176.011, subdivision 15; 180.03, subdivision
4; 216B.161, subdivision 1; 241.67, subdivision 2; 245A.11, subdivision 2;
253B.02, subdivisions 7, 9; 256.042, subdivision 4; 256.9742, subdivision 3;
256B.056, subdivision 11; 256B.058, subdivision 2; 256B.0595, subdivisions 1,
4; 256B.0625, subdivision 56; 256B.0941, subdivision 1; 256B.196, subdivision
2; 256B.197, subdivision 3; 256B.4911, subdivision 1; 256D.64, subdivision 2;
256I.04, subdivision 2a; 256L.11, subdivisions 2, 6a; 259.12; 260B.188, subdivision
1; 270C.445, subdivisions 6b, 6c, 6d; 270C.446, subdivision 5; 272.02, subdivision
97; 273.032; 273.121, subdivision 1; 276.04, subdivision 2; 290.0132, subdivision
15; 297A.71, subdivision 14; 297A.75, subdivisions 1, 2, 3; 299K.09, subdivision
1; 326B.164, subdivision 5; 353.6511, subdivision 5; 353.6512, subdivision 5;
462.357, subdivision 7; 504B.178, subdivision 2; 609.2231, subdivision 3; 609.596,
subdivision 3; 609.748, subdivision 1; Minnesota Statutes 2023 Supplement,
sections 15.06, subdivision 1; 17.457, subdivision 5; 47.60, subdivision 1;
115E.042, subdivision 1a; 116J.871, subdivision 1; 116P.21, subdivision 5;
122A.092, subdivision 5; 124D.65, subdivision 5; 124E.02; 125A.15; 125A.51;
125A.515, subdivision 3; 144E.101, subdivisions 7, 12; 145D.01, subdivision 5;
145D.02; 147.02, subdivision 1; 147.03, subdivision 1; 174.07, subdivision 3;
181.217, subdivision 1; 245A.03, subdivisions 2, 7; 245A.10, subdivision 3;
245G.06, subdivision 3a; 254B.05, subdivision 5; 256B.0625, subdivision 13e;
256B.0913, subdivision 5; 256B.0943, subdivision 1; 289A.08, subdivision 7a;
290.0132, subdivision 32; 290.067, subdivision 1; 290A.04, subdivision 2h;
297A.71, subdivision 44; 299C.10, subdivision 1; 326B.164, subdivision 13;
609.185; 624.7178, subdivision 4; Laws 2023, chapter 41, article 1, section 2,
subdivision 49; Laws 2023, chapter 57, article 1, section 4, subdivision 2; Laws
2023, chapter 70, article 15, sections 10, subdivision 4; 12; repealing Minnesota
Statutes 2022, sections 13.6435, subdivision 8; 16A.727; 256.021, subdivision 3;
273.11, subdivision 16; 297A.71, subdivision 45; Laws 2023, chapter 16, section
36; Laws 2023, chapter 53, article 11, section 31; Laws 2023, chapter 55, article
1, section 2; article 7, section 6; Laws 2023, chapter 57, article 2, section 39; Laws
2023, chapter 60, article 7, section 8; Laws 2023, chapter 63, article 7, sections 1;
3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 12A.02, subdivision 6, is amended to read:
Subd. 6.
Local government.
"Local government" has the meaning given in section
12.03, subdivision deleted text begin 5ddeleted text end new text begin 5fnew text end .
Sec. 2.
Minnesota Statutes 2022, section 12B.15, subdivision 8, is amended to read:
Subd. 8.
Local government.
"Local government" has the meaning given in section
12.03, subdivision deleted text begin 5ddeleted text end new text begin 5fnew text end .
Sec. 3.
Minnesota Statutes 2022, section 13.3805, subdivision 1, is amended to read:
Subdivision 1.
Health data generally.
(a) Definitions. As used in this subdivision:
(1) "Commissioner" means the commissioner of health.
(2) "Health data" are data on individuals created, collected, received, or maintained by
the Department of Health, political subdivisions, or statewide systems relating to the
identification, description, prevention, and control of disease or as part of an epidemiologic
investigation the commissioner designates as necessary to analyze, describe, or protect the
public health.
(b) Data on individuals. (1) Health data are private data on individuals. Notwithstanding
section 13.05, subdivision 9, health data may not be disclosed except as provided in this
subdivision and section 13.04.
(2) The commissioner or a community health board as defined in section 145A.02,
subdivision 5, may disclose health data to the data subject's physician as necessary to locate
or identify a case, carrier, or suspect case, to establish a diagnosis, to provide treatment, to
identify persons at risk of illness, or to conduct an epidemiologic investigation.
(3) With the approval of the commissioner, health data may be disclosed to the extent
necessary to assist the commissioner to locate or identify a case, carrier, or suspect case, to
alert persons who may be threatened by illness as evidenced by epidemiologic data, to
control or prevent the spread of serious disease, or to diminish an imminent threat to the
public health.
deleted text begin
(c) Health summary data. Summary data derived from data collected under section
145.413 may be provided under section 13.05, subdivision 7.
deleted text end
Sec. 4.
Minnesota Statutes 2022, section 13.6401, subdivision 2, is amended to read:
Subd. 2.
Department of Management and Budget.
(a) Financial documents. Data
sharing of financial documents between agencies and the commissioner of management
and budget is governed by section 16A.055.
(b) Electronic payments. Data relating to government services transactions is governed
by section 16A.626.
(c) Register of ownership of bonds or certificates. Information in a register of
ownership of state bonds or certificates is classified under section 16A.672, subdivision 11deleted text begin ,
or, for tobacco securitization bonds, under section 16A.98, subdivision 5, paragraph (l)deleted text end .
Sec. 5.
Minnesota Statutes 2022, section 14.37, subdivision 2, is amended to read:
Subd. 2.
Compiled rules.
The text of the rules in the first compilation published by the
revisor is prima facie evidence of the text of the rules as against any previous documents.
However, the previous documents may be used to construe the text of a rule. Except as
provided in section 14.47, subdivision 6, the compilation shall not be construed as repealing
any unpublished rule. The rules published in the compilation shall be construed as
continuations of prior rules and not as new rules.
Any subsequent compilation or supplement published by the revisor and containing the
revisor's certificate is prima facie evidence of the administrative rules in all courts and
proceedings. Except as provided in section 14.47, subdivision 6, a compilation or supplement
shall not be construed as repealing an unpublished rule. If there is any material inconsistency
through omission or otherwise between the first compilation, a subsequent compilation or
supplement, the State Register, and a rule filed with the secretary of state, and the omission
or change was not due to the provisions of section 14.47, subdivision 6 or the correction of
an obvious error or unintentional omission as required by new text begin section 14.47, new text end subdivision 3, the
rule filed with the secretary shall prevail.
Sec. 6.
Minnesota Statutes 2023 Supplement, section 15.06, subdivision 1, is amended to
read:
Subdivision 1.
Applicability.
This section applies to the following departments or
agencies: the Departments of Administration; Agriculture; Children, Youth, and Families;
Commerce; Corrections; Direct Care and Treatment; Education; Employment and Economic
Development; Health; Human Rights; Human Services;new text begin Iron Range Resources and
Rehabilitation;new text end Labor and Industry; Management and Budget; Natural Resources; Public
Safety; Revenue; Transportation; and Veterans Affairs; the Housing Finance and Pollution
Control Agencies; deleted text begin the Office of Commissioner of Iron Range Resources and Rehabilitation;deleted text end
the Department of Information Technology Services; the Bureau of Mediation Services;
and their successor departments and agencies. The heads of the foregoing departments or
agencies are "commissioners."
Sec. 7.
Minnesota Statutes 2022, 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 begin or tobacco securitization bonds
authorized under section 16A.98deleted 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. 8.
Minnesota Statutes 2023 Supplement, section 17.457, subdivision 5, is amended
to read:
Sec. 9.
Minnesota Statutes 2023 Supplement, section 47.60, subdivision 1, is amended to
read:
Subdivision 1.
Definitions.
For purposes of this section, the terms defined have the
meanings given them:
(a) "Consumer small loan" is a loan transaction in which cash is advanced to a borrower
for the borrower's own personal, family, or household purpose. A consumer small loan is
a short-term, unsecured loan to be repaid in a single installment. The cash advance of a
consumer small loan is equal to or less than $350. A consumer small loan includes an
indebtedness evidenced by but not limited to a promissory note or agreement to defer the
presentation of a personal check for a fee.
(b) "Consumer small loan lender" is a financial institution as defined in section 47.59
or a business entity registered with the commissioner and engaged in the business of making
consumer small loans.
(c) "Annual percentage rate" means a measure of the cost of credit, expressed as a yearly
rate, that relates the amount and timing of value received by the consumer to the amount
and timing of payments made. Annual percentage deleted text begin interestdeleted text end rate includes all interest, finance
charges, and fees. The annual percentage rate must be determined in accordance with either
the actuarial method or the United States Rule method.
Sec. 10.
Minnesota Statutes 2022, section 62V.04, subdivision 12, is amended to read:
Subd. 12.
Compensation.
deleted text begin
(a) The board members shall be paid a salary not to exceed
the salary limits established under section 15A.0815, subdivision 4. The salary for board
members shall be set in accordance with this subdivision and section 15A.0815, subdivision
5. This paragraph expires December 31, 2015.
deleted text end
deleted text begin (b)deleted text end Beginning January 1, 2016, the board members may be compensated in accordance
with section 15.0575.
Sec. 11.
Minnesota Statutes 2022, 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 section
1311(c)(1) of the Affordable Care Act, Public Law 111-148.
(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 section 1311(c)(1) of the
Affordable Care Act, Public Law 111-148.
(c) In accordance with section 1311(e) of the Affordable Care Act, Public Law 111-148,
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 section
1311(e)(1)(B) of the Affordable Care Act, Public Law 111-148. The board may consider:
(1) affordability;
(2) quality and value of health plans;
(3) promotion of prevention and wellness;
(4) promotion of initiatives to reduce health disparities;
(5) market stability and adverse selection;
(6) meaningful choices and access;
(7) alignment and coordination with state agency and private sector purchasing strategies
and payment reform efforts; and
(8) other criteria that the board determines appropriate.
(e) 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 deleted text begin 9deleted text end new text begin 8new text end .
(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.
(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 section 1311(c)(1) of the Affordable Care Act, Public Law
111-148.
(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. 12.
Minnesota Statutes 2022, section 115A.952, subdivision 1, is amended to read:
Subdivision 1.
Duties of agency; rules.
The agency may adopt rules to identify products
that are used primarily for personal, family, or household purposes and that constitute a
problem material or contain a problem material as defined in section 115A.03, subdivision
deleted text begin 24adeleted text end new text begin 24cnew text end . The rules may also prescribe a uniform label to be affixed by retailers of identified
products as provided in subdivision 4. Packaging that is recyclable or made from recycled
material shall not constitute a problem material.
Sec. 13.
Minnesota Statutes 2023 Supplement, section 115E.042, subdivision 1a, is
amended to read:
Subd. 1a.
Definitions.
(a) For purposes of this section, the following terms have the
meanings given.
(b) "Exercise" means an activity or training to evaluate responsibilities, roles, and
response plans for the discharge of oil or hazardous substances and includes but is not
limited to walkthroughs, tabletop exercises, or functional exercises.
(c) "Full-scale exercise" means training activities to evaluate responsibilities, roles, and
response plans for a confirmed discharge or worst-case discharge of oil or hazardous
substances and includes utilizing, as much as practicable, the equipment, personnel, and
coordinated resources required under deleted text begin section 115E.042,deleted text end subdivision 4.
(d) "Functional exercise" means a guided session where a simulated operational
environment trains and evaluates specific personnel, procedures, or resources on scenarios
relating to the discharge of oil or hazardous substances.
(e) "Tabletop exercise" means a guided session where the discussion addresses topics,
including but not limited to the roles and responsibilities of a rail carrier and its personnel
in response to a confirmed discharge of oil or hazardous substances.
(f) "Walkthrough" means drills and training designed to familiarize railroad personnel
with the response plans required under this chapter and the response requirements to a
confirmed discharge under this section.
Sec. 14.
Minnesota Statutes 2022, section 116.07, subdivision 4k, is amended to read:
Subd. 4k.
Household hazardous waste and other problem materials; management.
(a)
The agency shall adopt rules to require the owner or operator of a solid waste disposal
facility or resource recovery facility to submit to the agency and to each county using or
projected to use the facility a management plan for the separation of household hazardous
waste and other problem materials from solid waste prior to disposal or processing and for
the proper management of the waste. The rules must require that the plan be developed in
coordination with each county using, or projected to use, the facility. The plan must not be
inconsistent with the plan developed under section 115A.956, subdivision 2, and must
include:
(1) identification of materials that are problem materials, as defined in section 115A.03,
subdivision deleted text begin 24adeleted text end new text begin 24cnew text end , for the facility;
(2) participation in public education activities on management of household hazardous
waste and other problem materials in the facility's service area;
(3) a strategy for reduction of household hazardous waste and other problem materials
entering the facility; and
(4) a plan for the storage and proper management of separated household hazardous
waste and other problem materials.
(b) By September 30, 1992, the owner or operator of a facility shall implement the
elements of the plan required in paragraph (a) relating to household hazardous waste
management. After that date, the agency may not grant or renew a permit for a facility until
the agency has:
(1) reviewed the elements of the facility's plan relating to household hazardous waste
management;
(2) directed the applicant or permittee to make changes to these elements as necessary
to comply with the plan requirements under paragraph (a); and
(3) included a requirement to implement the elements as a condition of the issued or
renewed permit.
(c) By September 30, 1993, the owner or operator of a facility shall implement the
elements of the plan required in paragraph (a) relating to problem materials management.
After that date, the agency may not grant or renew a permit for a facility until the agency
has:
(1) reviewed the elements of the facility's plan relating to problem materials management;
(2) directed the applicant or permittee to make changes to these elements as necessary
to comply with the plan requirements under paragraph (a); and
(3) included a requirement to implement the elements as a condition of the issued or
renewed permit.
Sec. 15.
Minnesota Statutes 2023 Supplement, section 116J.871, subdivision 1, is amended
to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given them.
(b) "Economic development" means financial assistance provided to a person directly
or to a local unit of government or nonprofit organization on behalf of a person who is
engaged in the manufacture or sale of goods and services. Economic development does not
include (1) financial assistance for rehabilitation of existing housing; (2) financial assistance
for new housing construction in which total financial assistance at a single project site is
less than $100,000; or (3) financial assistance for the new construction of fully detached
single-family affordable homeownership units for which the financial assistance covers no
more than ten fully detached single-family affordable homeownership units. For purposes
of this paragraph, "affordable homeownership" means housing targeted at households with
incomes, at initial occupancy, at or below 115 percent of the state or area median income,
whichever is greater, as determined by the United States Department of Housing and Urban
Development.
(c) "Financial assistance" means (1) a grant awarded by a state agency for economic
development related purposes if a single business receives $200,000 or more of the grant
proceeds; (2) a loan or the guaranty or purchase of a loan made by a state agency for
economic development related purposes if a single business receives $500,000 or more of
the loan proceeds; or (3) a reduction, credit, or abatement of a tax assessed under chapter
297A where the tax reduction, credit, or abatement applies to a geographic area smaller
than the entire state and was granted for economic development related purposes. Financial
assistance does not include payments by the state of aids and credits under chapter 273 or
477A to a political subdivision.
(d) "Project site" means the location where improvements are made that are financed in
whole or in part by the financial assistance; or the location of employees that receive financial
assistance in the form of employment and training services as defined in section 116L.19,
subdivision 4, or customized training from a technical college.
(e) "State agency" means any agency defined under section 16B.01, subdivision 2,
Enterprise Minnesota, Inc., and the new text begin Department of new text end Iron Range Resources and Rehabilitation
deleted text begin Boarddeleted text end .
Sec. 16.
Minnesota Statutes 2023 Supplement, section 116P.21, subdivision 5, is amended
to read:
Subd. 5.
Other capital construction statutes.
The following statutes also apply to
recipients of appropriations from the trust fund: sections 16B.32; deleted text begin 16B.326;deleted text end 16B.335,
subdivisions 3 and 4; 16C.054; 16C.16; 16C.28; 16C.285; 138.40; 138.665; 138.666; 177.41
to 177.44; and 471.345.
Sec. 17.
Minnesota Statutes 2022, section 120A.22, subdivision 11, is amended to read:
Subd. 11.
Assessment of performance.
(a) Each year the performance of every child
ages seven through 16 and every child ages 16 through 17 for which an initial report was
filed pursuant to section 120A.24, subdivision 1, after the child is 16 and who is not enrolled
in a public school must be assessed using a nationally norm-referenced standardized
achievement examination. The superintendent of the district in which the child receives
instruction and the person in charge of the child's instruction must agree about the specific
examination to be used and the administration and location of the examination.
(b) To the extent the examination in paragraph (a) does not provide assessment in all of
the subject areas in subdivision 9, the parent must assess the child's performance in the
applicable subject area. This requirement applies only to a parent who provides instruction
and does not meet the requirements of subdivision 10, clause (1)deleted text begin ,deleted text end new text begin ornew text end (2)deleted text begin , or (3)deleted text end .
(c) If the results of the assessments in paragraphs (a) and (b) indicate that the child's
performance on the total battery score is at or below the 30th percentile or one grade level
below the performance level for children of the same age, the parent must obtain additional
evaluation of the child's abilities and performance for the purpose of determining whether
the child has learning problems.
(d) A child receiving instruction from a nonpublic school, person, or institution that is
accredited by an accrediting agency, recognized according to section 123B.445, or recognized
by the commissioner, is exempt from the requirements of this subdivision.
Sec. 18.
Minnesota Statutes 2023 Supplement, section 122A.092, subdivision 5, is amended
to read:
Subd. 5.
Reading strategies.
(a) A teacher preparation provider approved by the
Professional Educator Licensing and Standards Board to prepare persons for classroom
teacher licensure must include in its teacher preparation programs evidence-based best
practices in reading, consistent with sections 120B.1117 to 120B.124, including instruction
on phonemic awareness, phonics, vocabulary development, reading fluency, and reading
comprehension. Instruction on reading must enable the licensure candidate to teach reading
in the candidate's content areas. Teacher candidates must be instructed in using students'
native languages as a resource in creating effective differentiated instructional strategies
for English learners developing literacy skills. A teacher preparation provider also must
prepare early childhood and elementary teacher candidates for Tier 3 and Tier 4 teaching
licenses under sections 122A.183 and 122A.184, respectivelydeleted text begin , for the portion of the
examination under section 122A.185, subdivision 1, paragraph (c), covering assessment of
reading instructiondeleted text end .
(b) Board-approved teacher preparation programs for teachers of elementary education
must require instruction in applying evidence-based, structured literacy reading instruction
programs that:
(1) teach students to read using foundational knowledge, practices, and strategies
consistent with sections 120B.1117 to 120B.124, with emphasis on mastery of foundational
reading skills so that students achieve continuous progress in reading; and
(2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels, including multilingual learners and
students demonstrating characteristics of dyslexia, to become proficient readers.
(c) Board-approved teacher preparation programs for teachers of elementary education,
early childhood education, special education, and reading intervention must include
instruction on dyslexia, as defined in section 125A.01, subdivision 2. Teacher preparation
programs may consult with the Department of Education, including the dyslexia specialist
under section 120B.122, to develop instruction under this paragraph. Instruction on dyslexia
must be modeled on practice standards of the International Dyslexia Association, and must
address:
(1) the nature and symptoms of dyslexia;
(2) resources available for students who show characteristics of dyslexia;
(3) evidence-based instructional strategies for students who show characteristics of
dyslexia, including the structured literacy approach; and
(4) outcomes of intervention and lack of intervention for students who show
characteristics of dyslexia.
(d) Nothing in this section limits the authority of a school district to select a school's
reading program or curriculum.
Sec. 19.
Minnesota Statutes 2022, section 122A.182, subdivision 5, is amended to read:
Subd. 5.
Limitations on license.
(a) A Tier 2 license is limited to the content matter
indicated on the application for the initial Tier 2 license under subdivision 1, deleted text begin paragraph (a),deleted text end
and limited to the district or charter school that requested the initial Tier 2 license.
(b) A Tier 2 license shall not be construed to bring an individual within the definition
of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1,
clause (a).
Sec. 20.
Minnesota Statutes 2022, section 123B.72, subdivision 3, is amended to read:
Subd. 3.
Certification.
Prior to occupying or reoccupying a school facility affected by
this section, a school board or its designee shall submit a document prepared by a system
inspector to the building official or to the commissioner, verifying that the facility's heating,
ventilation, and air conditioning system has been installed and operates according to design
specifications and code, according to section 123B.71, subdivision 9, clause deleted text begin (6)deleted text end new text begin (7)new text end , item
(iii). A systems inspector shall also verify that the facility's design will provide the ability
for monitoring of outdoor airflow and total airflow of ventilation systems in new school
facilities and that any heating, ventilation, or air conditioning system that is installed or
modified for a project subject to this section must provide a filtration system with a current
ASHRAE standard.
Sec. 21.
Minnesota Statutes 2023 Supplement, section 124D.65, subdivision 5, is amended
to read:
Subd. 5.
School district EL revenue.
(a) For fiscal year 2024 through fiscal year 2026,
a district's English learner programs revenue equals the sum of:
(1) the product of (i) $1,228, and (ii) the greater of 20 or the adjusted average daily
membership of eligible English learners enrolled in the district during the current fiscal
year; and
(2) $436 times the English learner pupil units under section 126C.05, subdivision 17.
(b) For fiscal year 2027 and later, a district's English learner programs revenue equals
the sum of:
(1) the product of (i) $1,775, and (ii) the greater of 20 or the adjusted average daily
membership of eligible English learners enrolled in the district during the current fiscal
year;
(2) $630 times the English learner pupil units under section 126C.05, subdivision 17;
and
(3) the district's English learner cross subsidy aid. A district's English learner cross
subsidy aid deleted text begin under paragraph (c)deleted text end equals 25 percent of the district's English learner cross
subsidynew text begin under paragraph (c)new text end for fiscal year 2027 and later.
(c) A district's English learner cross subsidy deleted text begin aiddeleted text end equals the greater of zero or the difference
between the district's expenditures for qualifying English learner services for the second
previous year and the district's English learner revenue for the second previous year.
(d) A pupil ceases to generate state English learner aid in the school year following the
school year in which the pupil attains the state cutoff score on a commissioner-provided
assessment that measures the pupil's emerging academic English.
Sec. 22.
Minnesota Statutes 2023 Supplement, section 124E.02, is amended to read:
124E.02 DEFINITIONS.
(a) For purposes of this chapter, the terms defined in this section have the meanings
given them.
(b) "Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under section 124E.06, subdivision 4, attesting to
its review and approval process before chartering a school.
(c) "Affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person.
(d) "Charter management organization" or "CMO" means any nonprofit or for-profit
entity that contracts with a charter school board of directors to provide, manage, or oversee
all or substantially all of a school's education program or a school's administrative, financial,
business, or operational functions.
(e) "Control" means the ability to affect the management, operations, or policy actions
or decisions of a person, whether by owning voting securities, by contract, or otherwise.
(f) "Educational management organization" or "EMO" means a nonprofit or for-profit
entity that provides, manages or oversees all or substantially all of the education program,
or the school's administrative, financial, business, or operational functions.
(g) "Immediate familynew text begin membernew text end " means an individual whose relationship by blood,
marriage, adoption, or partnership is no more remote than first cousin.
(h) "Market need and demand study" means a study that includes the following for the
proposed locations of the school or additional site:
(1) current and projected demographic information;
(2) student enrollment patterns;
(3) information on existing schools and types of educational programs currently available;
(4) characteristics of proposed students and families;
(5) availability of properly zoned and classified facilities; and
(6) quantification of existing demand for the school or site.
(i) "Person" means an individual or entity of any kind.
(j) "Related party" means an affiliate or immediate deleted text begin relativedeleted text end new text begin family membernew text end of the other
interested party, an affiliate of an immediate deleted text begin relativedeleted text end new text begin family membernew text end who is the other
interested party, or an immediate deleted text begin relativedeleted text end new text begin family membernew text end of an affiliate who is the other
interested party.
(k) For purposes of this chapter, the terms defined in section 120A.05 have the same
meanings.
Sec. 23.
Minnesota Statutes 2022, section 124E.03, subdivision 7, is amended to read:
Subd. 7.
Additional program-specific requirements.
(a) A charter school offering
online courses or programs must comply with section deleted text begin 124D.095deleted text end new text begin 124D.094new text end governing online
deleted text begin learningdeleted text end new text begin instructionnew text end .
(b) A charter school that provides early childhood health and developmental screening
must comply with sections 121A.16 to 121A.19 governing early childhood screening.
(c) A charter school that provides school-sponsored youth athletic activities must comply
with section 121A.38 governing policies on concussions.
Sec. 24.
Minnesota Statutes 2022, section 124E.14, is amended to read:
124E.14 CONFLICTS OF INTEREST.
(a) No member of the board of directors, employee, officer, or agent of a charter school
shall participate in selecting, awarding, or administering a contract if a conflict of interest
exists. A conflict exists when:
(1) the board member, employee, officer, or agent;
(2) the immediate family new text begin member new text end of the board member, employee, officer, or agent;
(3) the partner of the board member, employee, officer, or agent; or
(4) an organization that employs, or is about to employ any individual in clauses (1) to
(3),
has a financial or other interest in the entity with which the charter school is contracting. A
violation of this prohibition renders the contract void.
(b) The conflict of interest provisions under this section do not apply to compensation
paid to a teacher employed as a teacher by the charter school or a teacher who provides
instructional services to the charter school through a cooperative formed under chapter
308A when the teacher also serves on the charter school board of directors.
(c) A charter school board member, employee, or officer is a local official for purposes
of section 471.895 with regard to receipt of gifts as defined under section 10A.071,
subdivision 1, paragraph (b). A board member, employee, or officer must not receive
compensation from a group health insurance provider.
Sec. 25.
Minnesota Statutes 2023 Supplement, section 125A.15, is amended to read:
125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
The responsibility for special instruction and services for a child with a disability
temporarily placed in another district for care and treatment shall be determined in the
following manner:
(a) The district of residence of a child shall be the district in which the child's parent
resides, if living, or the child's guardian. If there is a dispute between school districts
regarding residency, the district of residence is the district designated by the commissioner.
(b) If a district other than the resident district places a pupil for care and treatment, the
district placing the pupil must notify and give the resident district an opportunity to participate
in the placement decision. When an immediate emergency placement of a pupil is necessary
and time constraints foreclose a resident district from participating in the emergency
placement decision, the district in which the pupil is temporarily placed must notify the
resident district of the emergency placement within 15 days. The resident district has up to
five business days after receiving notice of the emergency placement to request an
opportunity to participate in the placement decision, which the placing district must then
provide.
(c) When a child is temporarily placed for care and treatment in a day program located
in another district and the child continues to live within the district of residence during the
care and treatment, the district of residence is responsible for providing transportation to
and from the care and treatment program and an appropriate educational program for the
child. The resident district may establish reasonable restrictions on transportation, except
if a Minnesota court or agency orders the child placed at a day care and treatment program
and the resident district receives a copy of the order, then the resident district must provide
transportation to and from the program unless the court or agency orders otherwise.
Transportation shall only be provided by the resident district during regular operating hours
of the resident district. The resident district may provide the educational program at a school
within the district of residence, at the child's residence, or in the district in which the day
treatment center is located by paying tuition to that district. If a child's district of residence,
district of open enrollment under section 124D.03, or charter school of enrollment under
section 124E.11 is authorized to provide online learning instruction under state statutes, the
child's district of residence may utilize that deleted text begin state-approveddeleted text end online learning program in
fulfilling its educational program responsibility under this section if the child, or the child's
parent or guardian for a pupil under the age of 18, agrees to that form of instruction.
(d) When a child is temporarily placed in a residential program for care and treatment,
the nonresident district in which the child is placed is responsible for providing an appropriate
educational program for the child and necessary transportation while the child is attending
the educational program; and must bill the district of the child's residence for the actual cost
of providing the program, as outlined in section 125A.11, except as provided in paragraph
(e). However, the board, lodging, and treatment costs incurred in behalf of a child with a
disability placed outside of the school district of residence by the commissioner of human
services or the commissioner of corrections or their agents, for reasons other than providing
for the child's special educational needs must not become the responsibility of either the
district providing the instruction or the district of the child's residence. For the purposes of
this section, the state correctional facilities operated on a fee-for-service basis are considered
to be residential programs for care and treatment. If a child's district of residence, district
of open enrollment under section 124D.03, or charter school of enrollment under section
124E.11 is authorized to provide online learning instruction under state statutes, the
nonresident district may utilize that deleted text begin state-approveddeleted text end online learning program in fulfilling its
educational program responsibility under this section if the child, or the child's parent or
guardian for a pupil under the age of 18, agrees to that form of instruction.
(e) A privately owned and operated residential facility may enter into a contract to obtain
appropriate educational programs for special education children and services with a joint
powers entity. The entity with which the private facility contracts for special education
services shall be the district responsible for providing students placed in that facility an
appropriate educational program in place of the district in which the facility is located. If a
privately owned and operated residential facility does not enter into a contract under this
paragraph, then paragraph (d) applies.
(f) The district of residence shall pay tuition and other program costs, not including
transportation costs, to the district providing the instruction and services. The district of
residence may claim general education aid for the child as provided by law. Transportation
costs must be paid by the district responsible for providing the transportation and the state
must pay transportation aid to that district.
Sec. 26.
Minnesota Statutes 2023 Supplement, section 125A.51, is amended to read:
125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; EDUCATION
AND TRANSPORTATION.
The responsibility for providing instruction and transportation for a pupil without a
disability who has a short-term or temporary physical or emotional illness or disability, as
determined by the standards of the commissioner, and who is temporarily placed for care
and treatment for that illness or disability, must be determined as provided in this section.
(a) The school district of residence of the pupil is the district in which the pupil's parent
or guardian resides. If there is a dispute between school districts regarding residency, the
district of residence is the district designated by the commissioner.
(b) When parental rights have been terminated by court order, the legal residence of a
child placed in a residential or foster facility for care and treatment is the district in which
the child resides.
(c) Before the placement of a pupil for care and treatment, the district of residence must
be notified and provided an opportunity to participate in the placement decision. When an
immediate emergency placement is necessary and time does not permit resident district
participation in the placement decision, the district in which the pupil is temporarily placed,
if different from the district of residence, must notify the district of residence of the
emergency placement within 15 days of the placement. When a nonresident district makes
an emergency placement without first consulting with the resident district, the resident
district has up to five business days after receiving notice of the emergency placement to
request an opportunity to participate in the placement decision, which the placing district
must then provide.
(d) When a pupil without a disability is temporarily placed for care and treatment in a
day program and the pupil continues to live within the district of residence during the care
and treatment, the district of residence must provide instruction and necessary transportation
to and from the care and treatment program for the pupil. The resident district may establish
reasonable restrictions on transportation, except if a Minnesota court or agency orders the
child placed at a day care and treatment program and the resident district receives a copy
of the order, then the resident district must provide transportation to and from the program
unless the court or agency orders otherwise. Transportation shall only be provided by the
resident district during regular operating hours of the resident district. The resident district
may provide the instruction at a school within the district of residence; at the pupil's
residence; through an authorized online learning program provided by the pupil's resident
district, district of open enrollment under section 124D.03, or charter school of enrollment
under section 124E.11 if the child, or the child's parent or guardian for a pupil under the
age of 18, agrees to that form of instruction; or, in the case of a placement outside of the
resident district, in the district in which the day treatment program is located by paying
tuition to that district. The district of placement may contract with a facility to provide
instruction by teachers licensed by the Professional Educator Licensing and Standards
Board.
(e) When a pupil without a disability is temporarily placed in a residential program for
care and treatment, the district in which the pupil is placed must provide instruction for the
pupil and necessary transportation while the pupil is receiving instruction, and in the case
of a placement outside of the district of residence, the nonresident district must bill the
district of residence for the actual cost of providing the instruction for the regular school
year and for summer school, excluding transportation costs. If a pupil's district of residence,
district of open enrollment under section 124D.03, or charter school of enrollment under
section 124E.11 is authorized to provide online learning instruction under state statutes, the
district in which the pupil is placed may utilize that deleted text begin state-approveddeleted text end online learning program
in fulfilling its responsibility to provide instruction under this section if the child, or the
child's parent or guardian for a pupil under the age of 18, agrees to that form of instruction.
(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or
private homeless shelter, then the district that enrolls the pupil under section 120A.20,
subdivision 2, paragraph (b), shall provide the transportation, unless the district that enrolls
the pupil and the district in which the pupil is temporarily placed agree that the district in
which the pupil is temporarily placed shall provide transportation. When a pupil without a
disability is temporarily placed in a residential program outside the district of residence,
the administrator of the court placing the pupil must send timely written notice of the
placement to the district of residence. The district of placement may contract with a
residential facility to provide instruction by teachers licensed by the Professional Educator
Licensing and Standards Board. For purposes of this section, the state correctional facilities
operated on a fee-for-service basis are considered to be residential programs for care and
treatment.
(g) The district of residence must include the pupil in its residence count of pupil units
and pay tuition as provided in section 123A.488 to the district providing the instruction.
Transportation costs must be paid by the district providing the transportation and the state
must pay transportation aid to that district. For purposes of computing state transportation
aid, pupils governed by this subdivision must be included in the disabled transportation
category if the pupils cannot be transported on a regular school bus route without special
accommodations.
Sec. 27.
Minnesota Statutes 2023 Supplement, section 125A.515, subdivision 3, is amended
to read:
Subd. 3.
Responsibilities for providing education.
(a) The district in which the children's
residential facility is located must provide education services, including special education
if eligible, to all students placed in a facility. If a child's district of residence, district of open
enrollment under section 124D.03, or charter school of enrollment under section 124E.11
is authorized to provide online learning instruction under state statutes, the district in which
the children's residential facility is located may utilize that deleted text begin state-approveddeleted text end online learning
program in fulfilling its education services responsibility under this section if the child, or
the child's parent or guardian for a pupil under the age of 18, agrees to that form of
instruction.
(b) For education programs operated by the Department of Corrections, the providing
district shall be the Department of Corrections. For students remanded to the commissioner
of corrections, the providing and resident district shall be the Department of Corrections.
Sec. 28.
Minnesota Statutes 2022, section 126C.05, subdivision 8, is amended to read:
Subd. 8.
Average daily membership.
(a) Membership for pupils in grades kindergarten
through 12 and for prekindergarten pupils with disabilities shall mean the number of pupils
on the current roll of the school, counted from the date of entry until withdrawal. The date
of withdrawal shall mean the day the pupil permanently leaves the school or the date it is
officially known that the pupil has left or has been legally excused. However, a pupil,
regardless of age, who has been absent from school for 15 consecutive school days during
the regular school year or for five consecutive school days during summer school or
intersession classes of flexible school year programs without receiving instruction in the
home or hospital shall be dropped from the roll and classified as withdrawn. Nothing in this
section shall be construed as waiving the compulsory attendance provisions cited in section
120A.22. Average daily membership equals the sum for all pupils of the number of days
of the school year each pupil is enrolled in the district's schools divided by the number of
days the schools are in session or are providing e-learning days due to inclement weather.
Days of summer school or intersession classes of flexible school year programs are only
included in the computation of membership for pupils with a disability not appropriately
served primarily in the regular classroom. A student must not be counted as more than 1.2
pupils in average daily membership under this section and section 126C.10, subdivision 2a,
paragraph deleted text begin (b)deleted text end new text begin (c)new text end . When the initial total average daily membership exceeds 1.2 for a pupil
enrolled in more than one school district during the fiscal year, each district's average daily
membership must be reduced proportionately.
(b) A student must not be counted as more than one pupil in average daily membership
except for purposes of section 126C.10, subdivision 2a.
Sec. 29.
Minnesota Statutes 2022, section 126C.126, is amended to read:
126C.126 USE OF GENERAL EDUCATION REVENUE FOR ALL-DAY
KINDERGARTEN AND PREKINDERGARTEN.
A school district may spend general education revenue on extended time kindergarten
and prekindergarten programs. At the school board's discretion, the district may use revenue
generated by the all-day kindergarten pupil count under section 126C.05, subdivision 1,
paragraph deleted text begin (d)deleted text end new text begin (c)new text end , to meet the needs of three- and four-year-olds in the district. A school
district may not use these funds on programs for three- and four-year-old children while
maintaining a fee-based all-day kindergarten program.
Sec. 30.
Minnesota Statutes 2022, section 126C.13, subdivision 4, is amended to read:
Subd. 4.
General education aid.
For fiscal year 2015 and later, a district's general
education aid equals:
(1) general education revenue, excluding operating capital revenue, equity revenue, local
optional revenue, and transition revenuedeleted text begin , minus the student achievement levy, multiplied
times the ratio of the actual amount of student achievement levy levied to the permitted
student achievement levydeleted text end ; plus
(2) operating capital aid under section 126C.10, subdivision 13b;
(3) equity aid under section 126C.10, subdivision 30; plus
(4) transition aid under section 126C.10, subdivision 33; plus
(5) shared time aid under section 126C.01, subdivision 7; plus
(6) referendum aid under section 126C.17, subdivisions 7 and 7a; plus
(7) online learning aid under section 124D.096; plus
(8) local optional aid according to section 126C.10, subdivision 2e, paragraph deleted text begin (c)deleted text end new text begin (f)new text end .
Sec. 31.
Minnesota Statutes 2022, 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 revenue.
(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 $460.
(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 25 percent of the formula allowance,
minus the sum of $300 and the district's first tier referendum equalization allowance.
(f) Notwithstanding paragraph (e), the second tier referendum new text begin equalization new text end 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 district's first tier referendum
equalization allowance.
Sec. 32.
Minnesota Statutes 2023 Supplement, section 144E.101, subdivision 7, is amended
to read:
Subd. 7.
Advanced life support.
(a) Except as provided in paragraphs (f) and (g), an
advanced life-support ambulance shall be staffed by at least:
(1) one EMT or one AEMT and one paramedic;
(2) one EMT or one AEMT and one registered nurse who is an EMT or an AEMT, is
currently practicing nursing, and has passed a paramedic practical skills test approved by
the board and administered by an education program; or
(3) one EMT or one AEMT and one physician assistant who is an EMT or an AEMT,
is currently practicing as a physician assistant, and has passed a paramedic practical skills
test approved by the board and administered by an education program.
(b) An advanced life-support service shall provide basic life support, as specified under
subdivision 6, paragraph (a), advanced airway management, manual defibrillation,
administration of intravenous fluids and pharmaceuticals, and administration of opiate
antagonists.
(c) In addition to providing advanced life support, an advanced life-support service may
staff additional ambulances to provide basic life support according to subdivision 6 and
section 144E.103, subdivision 1.
(d) An ambulance service providing advanced life support shall have a written agreement
with its medical director to ensure medical control for patient care 24 hours a day, seven
days a week. The terms of the agreement shall include a written policy on the administration
of medical control for the service. The policy shall address the following issues:
(1) two-way communication for physician direction of ambulance service personnel;
(2) patient triage, treatment, and transport;
(3) use of standing orders; and
(4) the means by which medical control will be provided 24 hours a day.
The agreement shall be signed by the licensee's medical director and the licensee or the
licensee's designee and maintained in the files of the licensee.
(e) When an ambulance service provides advanced life support, the authority of a
paramedic, Minnesota registered nurse-EMT, or Minnesota registered physician
assistant-EMT to determine the delivery of patient care prevails over the authority of an
EMT.
(f) Upon application from an ambulance service that includes evidence demonstrating
hardship, the board may grant a variance from the staff requirements in paragraph (a), clause
(1), and may authorize an advanced life-support ambulance to be staffed by a registered
emergency medical responder driver with a paramedic for all emergency calls and interfacility
transfers. The variance shall apply to advanced life-support ambulance services until the
ambulance service renews its license. When the variance expires, an ambulance service
may apply for a new variance under this paragraph. This paragraph applies only to an
ambulance service whose primary service area is mainly located outside the metropolitan
counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato,
Moorhead, Rochester, and St. Cloud, or an ambulancenew text begin servicenew text end based in a community with
a population of less than 1,000 persons.
(g) After an initial emergency ambulance call, each subsequent emergency ambulance
response, until the initial ambulance is again available, and interfacility transfers, may be
staffed by one registered emergency medical responder driver and an EMT or paramedic.
This paragraph applies only to an ambulance service whose primary service area is mainly
located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside
the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an ambulance new text begin service
new text end based in a community with a population of less than 1,000 persons.
Sec. 33.
Minnesota Statutes 2023 Supplement, section 144E.101, subdivision 12, is
amended to read:
Subd. 12.
Mutual aid agreement.
(a) A licensee shall have a written agreement with
at least one neighboring licensed ambulance service for the preplanned and organized
response of emergency medical services, and other emergency personnel and equipment,
to a request for assistance in an emergency when local ambulance transport resources have
been expended. The response is predicated upon formal agreements among participating
ambulance services. A copy of each mutual aid agreement shall be maintained in the files
of the licensee and shall be filed with the board for informational purposes only.
(b) A licensee may have a written agreement with a neighboring licensed ambulance
service, including a licensed ambulance service from a neighboring state if that service is
currently and remains in compliance with its home state licensing requirements, to provide
support to the primary service area of the licensee upon the licensee's request. The agreement
may allow the licensee to suspend ambulance services in its primary service area during
the times the neighboring licensed ambulance service has agreed to provide all emergency
services to the licensee's primary service area. The agreement may permit the neighboring
licensed ambulance service to serve the licensee's primary service area for up to 24 hours
per day, provided service by the neighboring licensed ambulance service does not exceed
108 hours per calendar week. This paragraph applies only to an ambulance service whose
primary service area is mainly located outside the metropolitan counties listed in section
473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester,
and St. Cloud, or an ambulance new text begin service new text end based in a community with a population of less than
2,500 persons.
Sec. 34.
Minnesota Statutes 2023 Supplement, section 145D.01, subdivision 5, is amended
to read:
Subd. 5.
Attorney general enforcement and supplemental authority.
(a) The attorney
general may bring an action in district court to enjoin or unwind a transaction or seek other
equitable relief necessary to protect the public interest if a health care entity or transaction
violates this section, if the transaction is contrary to the public interest, or if both a health
care entity or transaction violates this section and the transaction is contrary to the public
interest. Factors informing whether a transaction is contrary to the public interest include
but are not limited to whether the transaction:
(1) will harm public health;
(2) will reduce the affected community's continued access to affordable and quality care
and to the range of services historically provided by the entities or will prevent members
in the affected community from receiving a comparable or better patient experience;
(3) will have a detrimental impact on competing health care options within primary and
dispersed service areas;
(4) will reduce delivery of health care to disadvantaged, uninsured, underinsured, and
underserved populations and to populations enrolled in public health care programs;
(5) will have a substantial negative impact on medical education and teaching programs,
health care workforce training, or medical research;
(6) will have a negative impact on the market for health care services, health insurance
services, or skilled health care workers;
(7) will increase health care costs for patients;
(8) will adversely impact provider cost trends and containment of total health care
spending;
(9) will have a negative impact on wages paid by, or the number of employees employed
by, a health care entity involved in a transaction; or
(10) will have a negative impact on wages, collective bargaining units, and collective
bargaining agreements of existing or future workers employed by a health care entity
involved in a transaction.
(b) The attorney general may enforce this section under section 8.31.
(c) Failure of the entities involved in a transaction to provide timely information as
required by the attorney general or the commissioner shall be an independent and sufficient
ground for a court to enjoin or unwind the transaction or provide other equitable relief,
provided the attorney general notified the entities of the inadequacy of the information
provided and provided the entities with a reasonable opportunity to remedy the inadequacy.
(d) The commissioner shall provide to the attorney general, upon request, data and
research on broader market trends, impacts on prices and outcomes, public health and
population health considerations, and health care access, for the attorney general to use
when evaluating whether a transaction is contrary to public interest. The commissioner may
share with the attorney general, according to section 13.05, subdivision 9, any not public
data, as defined in section 13.02, subdivision 8a, held by the commissioner to aid in the
investigation and review of the transaction, and the attorney general must maintain this data
with the same classification according to section 13.03, subdivision 4, paragraph deleted text begin (d)deleted text end new text begin (c)new text end .
Sec. 35.
Minnesota Statutes 2023 Supplement, section 145D.02, is amended to read:
145D.02 DATA REPORTING OF CERTAIN HEALTH CARE TRANSACTIONS.
(a) This section applies to all transactions where:
(1) the health care entity involved in the transaction has average revenue between
$10,000,000 and $80,000,000 per year; or
(2) the transaction will result in an entity projected to have average revenue between
$10,000,000 per year and $80,000,000 per year once the entity is operating at full capacity.
(b) A health care entity must provide the following data to the commissioner at least 30
days before the proposed completion date of the transaction, or within ten business days of
the date the parties first reasonably anticipate entering into the transaction if the expected
completion is within less than 30 days, in the form and manner determined by the
commissioner:
(1) the entities involved in the transaction;
(2) the leadership, ownership structures, and business relationship of the entities involved
in the transaction, including all board members, managing partners, member managers, and
officers;
(3) the services provided by each entity and the operating and nonoperating revenue for
each entity by location, for the last three years;
(4) the primary service area for each location;
(5) the proposed service area for each location;
(6) the current relationships between the entities and the affected health care providers
and practices, the locations of affected health care providers and practices, the services
provided by affected health care providers and practices, and the proposed relationships
between the entities and the affected health care providers and practices;
(7) the terms of the transaction agreement or agreements;
(8) potential areas of expansion, whether in existing markets or new markets;
(9) plans to close facilities, reduce workforce, or reduce or eliminate services;
(10) the number of full-time equivalent positions at each location before and after the
transaction by job category, including administrative and contract positions; and
(11) any other information relevant to evaluating the transaction that is requested by the
commissioner.
(c) If the commissioner determines that information required from the health care entity
under this section has not been provided, the commissioner may notify the entity of the
necessary information within 30 days of the health care entity's initial submission of the
notice. The health care entity must provide such additional information to the commissioner
within 14 days of the commissioner's request.
(d) Data provided to or collected by the commissioner under this section are private data
on individuals or nonpublic data, as defined in section 13.02. The commissioner may share
with the attorney general, according to section 13.05, subdivision 9, any not public data, as
defined in section 13.02, subdivision 8a, held by the commissioner to aid in the investigation
and review of the transaction, and the attorney general must maintain this data with the
same classification according to section 13.03, subdivision 4, paragraph deleted text begin (d)deleted text end new text begin (c)new text end .
(e) A health care entity is exempt from reporting under this section if the health care
entity is required to submit information to the attorney general and commissioner under
section 145D.01, subdivision 2.
(f) The commissioner shall use data collected under this section to analyze the number
of health care transactions in Minnesota and the potential impact these transactions may
have on equitable access to or the cost and quality of health care services, and develop
recommendations for the legislature on improvements to the law.
Sec. 36.
Minnesota Statutes 2023 Supplement, section 147.02, subdivision 1, is amended
to read:
Subdivision 1.
United States or Canadian medical school graduates.
The board shall
issue a license to practice medicine to a person not currently licensed in another state or
Canada and who meets the requirements in paragraphs (a) to (i).
(a) An applicant for a license shall file a written application on forms provided by the
board, showing to the board's satisfaction that the applicant is of good moral character and
satisfies the requirements of this section.
(b) The applicant shall present evidence satisfactory to the board of being a graduate of
a medical or osteopathic medical school located in the United States, its territoriesnew text begin ,new text end or
Canada, and approved by the board based upon its faculty, curriculum, facilities, accreditation
by a recognized national accrediting organization approved by the board, and other relevant
data, or is currently enrolled in the final year of study at the school.
(c) The applicant must have passed an examination as described in clause (1) or (2).
(1) The applicant must have passed a comprehensive examination for initial licensure
prepared and graded by the National Board of Medical Examiners, the Federation of State
Medical Boards, the Medical Council of Canada, the National Board of Osteopathic
Examiners, or the appropriate state board that the board determines acceptable. The board
shall by rule determine what constitutes a passing score in the examination.
(2) The applicant taking the United States Medical Licensing Examination (USMLE)
or Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) must
have passed steps or levels one, two, and three. Step or level three must be passed within
five years of passing step or level two, or before the end of residency training. The applicant
must pass each of steps or levels one, two, and three with passing scores as recommended
by the USMLE program or National Board of Osteopathic Medical Examiners within three
attempts. The applicant taking combinations of Federation of State Medical Boards, National
Board of Medical Examiners, and USMLE may be accepted only if the combination is
approved by the board as comparable to existing comparable examination sequences and
all examinations are completed prior to the year 2000.
(d) The applicant shall present evidence satisfactory to the board of the completion of
one year of graduate, clinical medical training in a program accredited by a national
accrediting organization approved by the board.
(e) The applicant may make arrangements with the executive director to appear in person
before the board or its designated representative to show that the applicant satisfies the
requirements of this section. The board may establish as internal operating procedures the
procedures or requirements for the applicant's personal presentation.
(f) The applicant shall pay a nonrefundable fee established by the board. Upon application
or notice of license renewal, the board must provide notice to the applicant and to the person
whose license is scheduled to be issued or renewed of any additional fees, surcharges, or
other costs which the person is obligated to pay as a condition of licensure. The notice must:
(1) state the dollar amount of the additional costs; and
(2) clearly identify to the applicant the payment schedule of additional costs.
(g) The applicant must not be under license suspension or revocation by the licensing
board of the state or jurisdiction in which the conduct that caused the suspension or revocation
occurred.
(h) The applicant must not have engaged in conduct warranting disciplinary action
against a licensee, or have been subject to disciplinary action other than as specified in
paragraph (g). If the applicant does not satisfy the requirements stated in this paragraph,
the board may issue a license only on the applicant's showing that the public will be protected
through issuance of a license with conditions and limitations the board considers appropriate.
(i) If the examination in paragraph (c) was passed more than ten years ago, the applicant
must either:
(1) pass the special purpose examination of the Federation of State Medical Boards with
a score of 75 or better within three attempts; or
(2) have a current certification by a specialty board of the American Board of Medical
Specialties, deleted text begin ofdeleted text end the American Osteopathic Association, the Royal College of Physicians and
Surgeons of Canada, or deleted text begin ofdeleted text end the College of Family Physicians of Canada.
Sec. 37.
Minnesota Statutes 2023 Supplement, section 147.03, subdivision 1, is amended
to read:
Subdivision 1.
Endorsement; reciprocity.
(a) The board may issue a license to practice
medicine to any person who satisfies the requirements in paragraphs (b) to (e).
(b) The applicant shall satisfy all the requirements established in section 147.02,
subdivision 1, paragraphs (a), (b), (d), (e), and (f), or section 147.037, subdivision 1,
paragraphs (a) to (e).
(c) The applicant shall:
(1) have passed an examination prepared and graded by the Federation of State Medical
Boards, the National Board of Medical Examiners, or the United States Medical Licensing
Examination (USMLE) program in accordance with section 147.02, subdivision 1, paragraph
(c), clause (2); the National Board of Osteopathic Medical Examiners; or the Medical Council
of Canada; and
(2) have a current license from the equivalent licensing agency in another state or Canada
and, if the examination in clause (1) was passed more than ten years ago, either:
(i) pass the Special Purpose Examination of the Federation of State Medical Boards
(SPEX) within three attempts; or
(ii) have a current certification by a specialty board of the American Board of Medical
Specialties, deleted text begin ofdeleted text end the American Osteopathic Association, the Royal College of Physicians and
Surgeons of Canada, or deleted text begin ofdeleted text end the College of Family Physicians of Canada; or
(3) if the applicant fails to meet the requirement established in section 147.02, subdivision
1, paragraph (c), clause (2), because the applicant failed to pass within the permitted three
attempts each of steps or levels one, two, and three of the USMLE or the Comprehensive
Osteopathic Medical Licensing Examination (COMLEX-USA), the applicant may be granted
a license provided the applicant:
(i) has passed each of steps or levels one, two, and three within no more than four attempts
for any of the three steps or levels with passing scores as recommended by the USMLE or
COMLEX-USA program;
(ii) is currently licensed in another state; and
(iii) has current certification by a specialty board of the American Board of Medical
Specialties, the American Osteopathic Association, the Royal College of Physicians and
Surgeons of Canada, or the College of Family Physicians of Canada.
(d) The applicant must not be under license suspension or revocation by the licensing
board of the state or jurisdiction in which the conduct that caused the suspension or revocation
occurred.
(e) The applicant must not have engaged in conduct warranting disciplinary action against
a licensee, or have been subject to disciplinary action other than as specified in paragraph
(d). If an applicant does not satisfy the requirements stated in this paragraph, the board may
issue a license only on the applicant's showing that the public will be protected through
issuance of a license with conditions or limitations the board considers appropriate.
(f) Upon the request of an applicant, the board may conduct the final interview of the
applicant by teleconference.
Sec. 38.
Minnesota Statutes 2022, section 150A.091, subdivision 2, is amended to read:
Subd. 2.
Application and initial license or registration fees.
Each applicant shall
submit with a license, advanced dental therapist certificate, or permit application a
nonrefundable fee in the following amounts in order to administratively process an
application:
(1) dentist, $308;
(2) full faculty dentist, $308;
(3) limited faculty dentist, $140;
(4) resident dentist or dental provider, $55;
(5) advanced dental therapist, $100;
(6) dental therapist, $220;
(7) dental hygienist, $115;
(8) licensed dental assistant, $115;
(9) dental assistant with new text begin limited radiology new text end registration as described in Minnesota Rules,
part deleted text begin 3100.8500, subpart 3deleted text end new text begin 3100.1320new text end , $27; and
(10) guest license, $50.
Sec. 39.
Minnesota Statutes 2022, section 150A.091, subdivision 5, is amended to read:
Subd. 5.
Biennial license or registration renewal fees.
Each of the following applicants
shall submit with a biennial license or permit renewal application a fee as established by
the board, not to exceed the following amounts:
(1) dentist or full faculty dentist, $475;
(2) dental therapist, $300;
(3) dental hygienist, $200;
(4) licensed dental assistant, $150; and
(5) dental assistant with a new text begin limited radiology new text end registration as described in Minnesota Rules,
part deleted text begin 3100.8500, subpart 3deleted text end new text begin 3100.1320new text end , $24.
Sec. 40.
Minnesota Statutes 2022, section 150A.091, subdivision 11a, is amended to read:
Subd. 11a.
Certificate for anesthesia/sedation late fee.
Applications for renewal of a
general anesthesia or moderate sedation certificate or a contracted sedation provider certificate
received after the time specified in Minnesota Rules, part 3100.3600, subparts deleted text begin 9deleted text end new text begin 19new text end and deleted text begin 9bdeleted text end new text begin
21new text end , must be assessed a late fee equal to 50 percent of the biennial renewal fee for an
anesthesia/sedation certificate.
Sec. 41.
Minnesota Statutes 2022, section 152.25, subdivision 1b, is amended to read:
Subd. 1b.
Temporary suspension proceedings.
The commissioner may institute
proceedings to temporarily suspend the registration of a medical cannabis manufacturer for
a period of up to 90 days by notifying the manufacturer in writing if any action by an
employee, agent, officer, director, or controlling person of the manufacturer:
(1) violates any of the requirements of sections deleted text begin 152.21deleted text end new text begin 152.22new text end to 152.37 or the rules
adopted thereunder;
(2) permits, aids, or abets the commission of any violation of state law at the
manufacturer's location for cultivation, harvesting, manufacturing, packaging, and processing
or at any site for distribution of medical cannabis;
(3) performs any act contrary to the welfare of a registered patient or registered designated
caregiver; or
(4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation.
Sec. 42.
Minnesota Statutes 2022, section 155A.29, subdivision 2, is amended to read:
Subd. 2.
Requirements.
The conditions and process by which a salon is licensed shall
be established by the board by rule. In addition to those requirements, no license shall be
issued unless the board first determines that the conditions in clauses (1) to deleted text begin (5)deleted text end new text begin (4)new text end have
been satisfied:
(1) compliance with all local and state laws, particularly relating to matters of infection
control, health, and safety;
(2) the employment of a manager, as defined in section 155A.23, subdivision 8;
(3) if applicable, evidence of compliance with workers' compensation section 176.182;
and
(4) evidence of continued professional liability insurance coverage of at least $25,000
for each claim and $50,000 total coverage for each policy year for each operator.
Sec. 43.
Minnesota Statutes 2022, section 161.088, subdivision 7, is amended to read:
Subd. 7.
Legislative report; evaluation.
(a) Annually by November 1, the commissioner
must electronically submit a report on the corridors of commerce program to the chairs and
ranking minority members of the legislative committees with jurisdiction over transportation
policy and finance. At a minimum, the report must include:
(1) a summary of the program, including a review of:
(i) project selection process details that address program design and implementation,
decision-making procedures, and eligibility evaluation;
(ii) criteria measurement methodologies and criteria weighting used in project selection;
and
(iii) the policy that provides the weight given each criterion;
(2) a summary of program finance, including funds expended in the previous selection
cycle, any future operating costs assigned under subdivision 6, and total funds expended
since program inception;
(3) a list of projects funded under the program in the previous selection cycle, including:
(i) project classification;
(ii) a breakdown of project costs and funding sources; and
(iii) a brief project description that is comprehensible to a lay audience;
(4) a comprehensive list of evaluated projects and candidate project recommendations
as required under subdivision 5, deleted text begin paragraph (b),deleted text end that identifies for each project: eligibility,
classification, evaluation results for each criterion, score, and disposition in the selection
process; and
(5) any recommendations for changes to statutory requirements of the program.
(b) In every even-numbered year, the commissioner must incorporate into the report the
results of an independent evaluation of impacts and effectiveness of the program. The
evaluation must be performed by agency staff or a consultant. The individual or individuals
performing the evaluation must have experience in program evaluation, but must not be
regularly involved in the program's implementation.
(c) Notwithstanding paragraph (a), a report is not required in a year in which:
(1) no project selection was completed during the preceding 12 months; and
(2) an evaluation under paragraph (b) is not due.
Sec. 44.
Minnesota Statutes 2022, section 171.17, subdivision 1, is amended to read:
Subdivision 1.
Offenses.
(a) The department shall immediately revoke the license of a
driver upon receiving a record of the driver's conviction of:
(1) manslaughter resulting from the operation of a motor vehicle or criminal vehicular
homicide or injury under section 609.2112, 609.2113, or 609.2114, or Minnesota Statutes
2012, section 609.21;
(2) a violation of section 169A.20 or 609.487;
(3) a felony in the commission of which a motor vehicle was used;
(4) failure to stop and disclose identity and render aid, as required under section 169.09,
in the event of a motor vehicle accident, resulting in the death or personal injury of another;
(5) perjury or the making of a false affidavit or statement to the department under any
law relating to the application, ownership, or operation of a motor vehicle, including on the
certification required under section 171.05, subdivision 2, paragraph (a), clause (1), item
(ii),new text begin subitem (C),new text end to issue an instruction permit to a homeschool student;
(6) except as this section otherwise provides, three charges of violating within a period
of 12 months any of the provisions of chapter 169 or of the rules or municipal ordinances
enacted in conformance with chapter 169, for which the accused may be punished upon
conviction by imprisonment;
(7) two or more violations, within five years, of the misdemeanor offense described in
section 169.444, subdivision 2, paragraph (a);
(8) the gross misdemeanor offense described in section 169.444, subdivision 2, paragraph
(b);
(9) an offense in another state that, if committed in this state, would be grounds for
revoking the driver's license; or
(10) a violation of an applicable speed limit by a person driving in excess of 100 miles
per hour. The person's license must be revoked for six months for a violation of this clause,
or for a longer minimum period of time applicable under section 169A.53, 169A.54, or
171.174.
(b) The department shall immediately revoke the school bus endorsement of a driver
upon receiving a record of the driver's conviction of the misdemeanor offense described in
section 169.443, subdivision 7.
Sec. 45.
Minnesota Statutes 2022, section 171.22, subdivision 1, is amended to read:
Subdivision 1.
Violations.
With regard to any driver's license, including a commercial
driver's license, it shall be unlawful for any person:
(1) to display, cause or permit to be displayed, or have in possession, any fictitious or
fraudulently altered driver's license or Minnesota identification card;
(2) to lend the person's driver's license or Minnesota identification card to any other
person or knowingly permit the use thereof by another;
(3) to display or represent as one's own any driver's license or Minnesota identification
card not issued to that person;
(4) to use a fictitious name or date of birth to any police officer or in any application for
a driver's license or Minnesota identification card, or to knowingly make a false statement,
or to knowingly conceal a material fact, or otherwise commit a fraud in any such application;
(5) to alter any driver's license or Minnesota identification card;
(6) to take any part of the driver's license examination for another or to permit another
to take the examination for that person;
(7) to make a counterfeit driver's license or Minnesota identification card;
(8) to use the name and date of birth of another person to any police officer for the
purpose of falsely identifying oneself to the police officer;
(9) to display as a valid driver's license any canceled, revoked, or suspended driver's
license. A person whose driving privileges have been withdrawn may display a driver's
license only for identification purposes; or
(10) to submit a false affidavit or statement to the department on the certification required
under section 171.05, subdivision 2, paragraph (a), clause (1), item (ii),new text begin subitem (C),new text end to issue
an instruction permit to a homeschool student.
Sec. 46.
Minnesota Statutes 2023 Supplement, section 174.07, subdivision 3, is amended
to read:
Subd. 3.
Exceptions.
This section does not apply to:
(1) a law that establishes a requirement with general applicability for an agency or
agencies to submit a report, including but not limited to reports and information under
sections 14.05, subdivision 5, and 14.116;
(2) a law that specifies a reporting expiration date or a date for the submission of a final
report;
(3) information required by law to be included in a budget submission to the legislature
under section 16A.11;
(4) the plans required under section 174.03, subdivisions 1a, 1b, and 1c;
(5) the forecast information requirements under section 174.03, subdivision 9; and
(6) the reports required under sections 161.088, subdivision 7; 161.089; 161.3203,
subdivision 4; 165.03, subdivision 8; deleted text begin 165.14, subdivision 5;deleted text end 174.03, subdivision 12; 174.185,
subdivision 3; 174.247; 174.56, subdivisions 1 and 2; and 174.75, subdivision 3.
Sec. 47.
Minnesota Statutes 2022, 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, correctional officer or security counselor
employed by the state or a political subdivision at a corrections, detention, or secure treatment
facility, 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; correctional officer or security
counselor employed by the state or a political subdivision at a corrections, detention, or
secure treatment facility; 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.
(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; a correctional officer or security counselor
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.
deleted text begin
(f) Notwithstanding paragraph (a) and the rebuttable presumption for infectious or
communicable diseases in paragraph (b), an employee who contracts COVID-19 is presumed
to have an occupational disease arising out of and in the course of employment if the
employee satisfies the requirements of clauses (1) and (2).
deleted text end
deleted text begin
(1) The employee was employed as a licensed peace officer under section 626.84,
subdivision 1; firefighter; paramedic; nurse or health care worker, correctional officer, or
security counselor employed by the state or a political subdivision at a corrections, detention,
or secure treatment facility; emergency medical technician; a health care provider, nurse,
or assistive employee employed in a health care, home care, or long-term care setting, with
direct COVID-19 patient care or ancillary work in COVID-19 patient units; and workers
required to provide child care to first responders and health care workers under Executive
Order 20-02 and Executive Order 20-19.
deleted text end
deleted text begin
(2) The employee's contraction of COVID-19 must be confirmed by a positive laboratory
test or, if a laboratory test was not available for the employee, as diagnosed and documented
by the employee's licensed physician, licensed physician's assistant, or licensed advanced
practice registered nurse (APRN), based on the employee's symptoms. A copy of the positive
laboratory test or the written documentation of the physician's, physician assistant's, or
APRN's diagnosis shall be provided to the employer or insurer.
deleted text end
deleted text begin
(3) Once the employee has satisfied the requirements of clauses (1) and (2), the
presumption shall only be rebutted if the employer or insurer shows the employment was
not a direct cause of the disease. A denial of liability under this paragraph must meet the
requirements for a denial under section 176.221, subdivision 1.
deleted text end
deleted text begin
(4) The date of injury for an employee who has contracted COVID-19 under this
paragraph shall be the date that the employee was unable to work due to a diagnosis of
COVID-19, or due to symptoms that were later diagnosed as COVID-19, whichever occurred
first.
deleted text end
deleted text begin
(5) An employee who has contracted COVID-19 but who is not entitled to the
presumption under this paragraph is not precluded from claiming an occupational disease
as provided in other paragraphs of this subdivision or from claiming a personal injury under
subdivision 16.
deleted text end
deleted text begin
(6) The commissioner shall provide a detailed report on COVID-19 workers'
compensation claims under this paragraph 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.
deleted text end
Sec. 48.
Minnesota Statutes 2022, section 180.03, subdivision 4, is amended to read:
Subd. 4.
Exemptions.
(a) The portion of an excavation, cave, open or water-filled pit,
or shaft is exempt from the requirements of this section if:
(1) it is located on property owned, leased, or administered by the deleted text begin Office of the
Commissionerdeleted text end new text begin Departmentnew text end of Iron Range Resources and Rehabilitation;
(2) it is for the construction, operation, maintenance, or administration of:
(i) grants-in-aid trails as defined in section 85.018;
(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
(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;
(3) it is for economic development purposes under chapter 469; or
(4) upon written application by the property owner, the county mine inspector determines
that it is provided with fencing, barriers, appropriate signs, or combinations of them, in a
manner that is reasonably similar to the standards in subdivision 2, or if, in the inspector's
judgment, it does not constitute a safety hazard.
(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:
(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;
(2) prohibiting public access beyond the boundaries of the designated public access area;
and
(3) identifying those areas where the property on which public access is allowed abuts
private property.
(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.
(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.
(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.
Sec. 49.
Minnesota Statutes 2023 Supplement, section 181.217, subdivision 1, is amended
to read:
Subdivision 1.
Minimum nursing home employment standards.
Except as provided
in section 181.213, subdivision deleted text begin 4deleted text end new text begin 5new text end , paragraph (b) or (c), the minimum wages and other
compensation established by the board in rule as minimum nursing home employment
standards shall be the minimum wages and other compensation for nursing home workers
or a subgroup of nursing home workers as a matter of state law. Except as provided in
section 181.213, subdivision deleted text begin 4deleted text end new text begin 5new text end , paragraph (b) or (c), it shall be unlawful for a nursing
home employer to employ a nursing home worker for lower wages or other compensation
than that established as the minimum nursing home employment standards.
Sec. 50.
Minnesota Statutes 2022, section 216B.161, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given them in this subdivision.
(b) "Area development rate" means a rate schedule established by a utility that provides
customers within an area development zone service under a base utility rate schedule, except
that charges may be reduced from the base rate as agreed upon by the utility and the customer
consistent with this section.
(c) "Area development zone" means a contiguous or noncontiguous area designated by
an authority or municipality for development or redevelopment and within which one of
the following conditions exists:
(1) obsolete buildings not suitable for improvement or conversion or other identified
hazards to the health, safety, and general well-being of the community;
(2) buildings in need of substantial rehabilitation or in substandard condition; or
(3) low values and damaged investments.
(d) "Authority" means a rural development financing authority established under sections
469.142 to 469.151; a housing and redevelopment authority established under sections
469.001 to 469.047; a port authority established under sections 469.048 to 469.068; an
economic development authority established under sections 469.090 to 469.108; a
redevelopment agency as defined in sections 469.152 to 469.165; the deleted text begin commissionerdeleted text end new text begin
Departmentnew text end of Iron Range Resources and Rehabilitation established under section 298.22;
a municipality that is administering a development district created under sections 469.124
to 469.133 or any special law; a municipality that undertakes a project under sections 469.152
to 469.165, except a town located outside the metropolitan area as defined in section 473.121,
subdivision 2, or with a population of 5,000 persons or less; or a municipality that exercises
the powers of a port authority under any general or special law.
(e) "Municipality" means a city, however organized, and, with respect to a project
undertaken under sections 469.152 to 469.165, "municipality" has the meaning given in
sections 469.152 to 469.165, and, with respect to a project undertaken under sections 469.142
to 469.151 or a county or multicounty project undertaken under sections 469.004 to 469.008,
also includes any county.
Sec. 51.
Minnesota Statutes 2022, section 241.67, subdivision 2, is amended to read:
Subd. 2.
Treatment program standards.
(a) The commissioner shall adopt rules under
chapter 14 for the certification of adult and juvenile sex offender treatment programs in
state and local correctional facilities and state-operated adult and juvenile sex offender
treatment programs not operated in state or local correctional facilities. The rules shall
require that sex offender treatment programs be at least four months in duration. A
correctional facility may not operate a sex offender treatment program unless the program
has met the standards adopted by and been certified by the commissioner of corrections.
As used in this subdivision, "correctional facility" has the meaning given it in section
241.021, deleted text begin subdivision 1deleted text end deleted text begin , paragraph (f)deleted text end new text begin subdivision 1inew text end .
(b) In addition to other certification requirements established under paragraph (a), the
commissioner must require all programs certified under this subdivision to participate in
the sex offender program evaluation project established by the commissioner under section
241.67, subdivision 8.
Sec. 52.
Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 2, is amended
to read:
Subd. 2.
Exclusion from licensure.
(a) This chapter does not apply to:
(1) residential or nonresidential programs that are provided to a person by an individual
who is related unless the residential program is a child foster care placement made by a
local social services agency or a licensed child-placing agency, except as provided in
subdivision 2a;
(2) nonresidential programs that are provided by an unrelated individual to persons from
a single related family;
(3) residential or nonresidential programs that are provided to adults who do not misuse
substances or have a substance use disorder, a mental illness, a developmental disability, a
functional impairment, or a physical disability;
(4) sheltered workshops or work activity programs that are certified by the commissioner
of employment and economic development;
(5) programs operated by a public school for children 33 months or older;
(6) nonresidential programs primarily for children that provide care or supervision for
periods of less than three hours a day while the child's parent or legal guardian is in the
same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;
(7) nursing homes or hospitals licensed by the commissioner of health except as specified
under section 245A.02;
(8) board and lodge facilities licensed by the commissioner of health that do not provide
children's residential services under Minnesota Rules, chapter 2960, mental health or
substance use disorder treatment;
(9) homes providing programs for persons placed by a county or a licensed agency for
legal adoption, unless the adoption is not completed within two years;
(10) programs licensed by the commissioner of corrections;
(11) recreation programs for children or adults that are operated or approved by a park
and recreation board whose primary purpose is to provide social and recreational activities;
(12) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA
as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in
section 315.51, whose primary purpose is to provide child care or services to school-age
children;
(13) Head Start nonresidential programs which operate for less than 45 days in each
calendar year;
(14) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;
(15) programs for children such as scouting, boys clubs, girls clubs, and sports and art
programs, and nonresidential programs for children provided for a cumulative total of less
than 30 days in any 12-month period;
(16) residential programs for persons with mental illness, that are located in hospitals;
(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the
congregate care of children by a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its regular worship;
(18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;
(19) mental health outpatient services for adults with mental illness or children with
emotional disturbance;
(20) residential programs serving school-age children whose sole purpose is cultural or
educational exchange, until the commissioner adopts appropriate rules;
(21) community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;
(22) the placement of a child by a birth parent or legal guardian in a preadoptive home
for purposes of adoption as authorized by section 259.47;
(23) settings registered under chapter deleted text begin 144Ddeleted text end deleted text begin whichdeleted text end new text begin 144G that new text end provide home care services
licensed by the commissioner of health to fewer than seven adults;
(24) substance use disorder treatment activities of licensed professionals in private
practice as defined in section 245G.01, subdivision 17;
(25) consumer-directed community support service funded under the Medicaid waiver
for persons with developmental disabilities when the individual who provided the service
is:
(i) the same individual who is the direct payee of these specific waiver funds or paid by
a fiscal agent, fiscal intermediary, or employer of record; and
(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service;
(26) a program serving only children who are age 33 months or older, that is operated
by a nonpublic school, for no more than four hours per day per child, with no more than 20
children at any one time, and that is accredited by:
(i) an accrediting agency that is formally recognized by the commissioner of education
as a nonpublic school accrediting organization; or
(ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.
A program that asserts its exemption from licensure under item (ii) shall, upon request
from the commissioner, provide the commissioner with documentation from the accrediting
agency that verifies: that the accreditation is current; that the accrediting agency investigates
complaints about services; and that the accrediting agency's standards require background
studies on all people providing direct contact services;
(27) a program operated by a nonprofit organization incorporated in Minnesota or another
state that serves youth in kindergarten through grade 12; provides structured, supervised
youth development activities; and has learning opportunities take place before or after
school, on weekends, or during the summer or other seasonal breaks in the school calendar.
A program exempt under this clause is not eligible for child care assistance under chapter
119B. A program exempt under this clause must:
(i) have a director or supervisor on site who is responsible for overseeing written policies
relating to the management and control of the daily activities of the program, ensuring the
health and safety of program participants, and supervising staff and volunteers;
(ii) have obtained written consent from a parent or legal guardian for each youth
participating in activities at the site; and
(iii) have provided written notice to a parent or legal guardian for each youth at the site
that the program is not licensed or supervised by the state of Minnesota and is not eligible
to receive child care assistance payments;
(28) a county that is an eligible vendor under section 254B.05 to provide care coordination
and comprehensive assessment services;
(29) a recovery community organization that is an eligible vendor under section 254B.05
to provide peer recovery support services; or
(30) Head Start programs that serve only children who are at least three years old but
not yet six years old.
(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.
(c) Except for the home and community-based services identified in section 245D.03,
subdivision 1, nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.
Sec. 53.
Minnesota Statutes 2023 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 family child foster care home or family adult foster care home
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) a license for a person in a foster care setting that is not the primary residence of the
license holder and where at least 80 percent of the residents are 55 years of age or older;
(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;new text begin or
new text end
(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 caredeleted text begin ;
ordeleted text end new text begin .
new text end
deleted text begin
(5) new foster care licenses or community residential setting licenses for people receiving
customized living or 24-hour customized living services under the brain injury or community
access for disability inclusion waiver plans under section 256B.49 or elderly waiver plan
under chapter
deleted text end
deleted text begin
256S
deleted text end
deleted text begin
and residing in the customized living setting for which a license is
required. A customized living service provider 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
deleted text end
deleted text begin
14
deleted text end
deleted text begin
. The exception is available until December 31, 2023.
This exception is available when:
deleted text end
deleted text begin
(i) the person's customized living services are provided in a customized living service
setting serving four or fewer people in a single-family home operational on or before June
30, 2021. Operational is defined in section 256B.49, subdivision 28;
deleted text end
deleted text begin
(ii) 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
deleted text end
deleted text begin
(iii) 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 customized
living setting as determined by the lead agency.
deleted 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
data 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 chapter 256S or section 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.
(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.
Sec. 54.
Minnesota Statutes 2023 Supplement, section 245A.10, subdivision 3, is amended
to read:
Subd. 3.
Application fee for initial license or certification.
(a) For fees required under
subdivision 1, an applicant for an initial license or certification issued by the commissioner
shall submit a $500 application fee with each new application required under this subdivision.
An applicant for an initial day services facility license under chapter 245D shall submit a
$250 application fee with each new application. The application fee shall not be prorated,
is nonrefundable, and is in lieu of the annual license or certification fee that expires on
December 31. The commissioner shall not process an application until the application fee
is paid.
(b) Except as provided in clauses (1) and (2), an applicant shall apply for a license to
provide services at a specific location.
(1) For a license to provide home and community-based services to persons with
disabilities or age 65 and older under chapter 245D, an applicant shall submit an application
to provide services statewide. Notwithstanding paragraph (a), applications received by the
commissioner between July 1, 2013, and December 31, 2013, for licensure of services
provided under chapter 245D must include an application fee that is equal to the annual
license renewal fee under subdivision 4, paragraph (b), or $500, whichever is less.
Applications received by the commissioner after January 1, 2014, must include the application
fee required under paragraph (a). Applicants who meet the modified application criteria
identified in section 245A.042, subdivision 2, are exempt from paying an application fee.
(2) For a license for a private agency to provide foster care or adoption services under
Minnesota Rules, parts 9545.0755 to 9545.0845, an applicant shall submit a single application
to provide services statewide.
deleted text begin
(c) The initial application fee charged under this subdivision does not include the
temporary license surcharge under section 16E.22.
deleted text end
Sec. 55.
Minnesota Statutes 2022, section 245A.11, subdivision 2, is amended to read:
Subd. 2.
Permitted single-family residential use.
deleted text begin (a)deleted text end Residential programs with a
licensed capacity of six or fewer persons shall be considered a permitted single-family
residential use of property for the purposes of zoning and other land use regulations, except
that a residential program whose primary purpose is to treat juveniles who have violated
criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis
of conduct in violation of criminal statutes relating to sex offenses shall not be considered
a permitted use. This exception shall not apply to residential programs licensed before July
1, 1995. Programs otherwise allowed under this subdivision shall not be prohibited by
operation of restrictive covenants or similar restrictions, regardless of when entered into,
which cannot be met because of the nature of the licensed program, including provisions
which require the home's occupants be related, and that the home must be occupied by the
owner, or similar provisions.
deleted text begin
(b) Unless otherwise provided in any town, municipal, or county zoning regulation,
licensed residential services provided to more than four persons with developmental
disabilities in a supervised living facility, including intermediate care facilities for persons
with developmental disabilities, with a licensed capacity of seven to eight persons shall be
considered a permitted single-family residential use of property for the purposes of zoning
and other land use regulations. A town, municipal, or county zoning authority may require
a conditional use or special use permit to assure proper maintenance and operation of the
residential program. Conditions imposed on the residential program must not be more
restrictive than those imposed on other conditional uses or special uses of residential property
in the same zones, unless the additional conditions are necessary to protect the health and
safety of the persons being served by the program. This paragraph expires July 1, 2023.
deleted text end
Sec. 56.
Minnesota Statutes 2023 Supplement, section 245G.06, subdivision 3a, is amended
to read:
Subd. 3a.
Frequency of treatment plan reviews.
(a) A license holder must ensure that
the alcohol and drug counselor responsible for a client's treatment plan completes and
documents a treatment plan review that meets the requirements of subdivision 3 in each
client's file, according to the frequencies required in this subdivision. All ASAM levels
referred to in this chapter are those described in section 254B.19, subdivision 1.
(b) For a client receiving residential ASAM level 3.3 or 3.5 high-intensity services or
residential hospital-based services, a treatment plan review must be completed once every
14 days.
(c) For a client receiving residential ASAM level 3.1 low-intensity services or any other
residential level not listed in paragraph (b), a treatment plan review must be completed once
every 30 days.
(d) For a client receiving nonresidential ASAM level 2.5 partial hospitalization services,
a treatment plan review must be completed once every 14 days.
(e) For a client receiving nonresidential ASAM level 1.0 outpatient or 2.1 intensive
outpatient services or any other nonresidential level not included in paragraph (d), a treatment
plan review must be completed once every 30 days.
(f) For a client receiving nonresidential opioid treatment program services according to
section 245G.22new text begin , a treatment plan review must be completednew text end :
(1) deleted text begin a treatment plan review must be completeddeleted text end weekly for the ten weeks following
completion of the treatment plan; and
(2) monthly thereafter.
Treatment plan reviews must be completed more frequently when clinical needs warrant.
(g) Notwithstanding paragraphs (e) and (f), clause (2), for a client in a nonresidential
program with a treatment plan that clearly indicates less than five hours of skilled treatment
services will be provided to the client each month, a treatment plan review must be completed
once every 90 days. Treatment plan reviews must be completed more frequently when
clinical needs warrant.
Sec. 57.
Minnesota Statutes 2022, section 253B.02, subdivision 7, is amended to read:
Subd. 7.
Examiner.
"Examiner" means a person who is knowledgeable, trained, and
practicing in the diagnosis and assessment or in the treatment of the alleged impairment,
and who is a licensed physician; a mental health professional deleted text begin as defined in section 245.462,
subdivision 18, clauses (1) to (6)deleted text end new text begin qualified under section 245I.04, subdivision 2new text end ; a licensed
physician assistant; or an advanced practice registered nurse (APRN) as defined in section
148.171, subdivision 3, who is practicing in the emergency room of a hospital, so long as
the hospital has a process for credentialing and recredentialing any APRN acting as an
examiner in an emergency room.
Sec. 58.
Minnesota Statutes 2022, section 253B.02, subdivision 9, is amended to read:
Subd. 9.
Health officer.
"Health officer" means:
(1) a licensed physician;
(2) a mental health professional deleted text begin as defined in section 245.462, subdivision 18, clauses
(1) to (6)deleted text end new text begin qualified under section 245I.04, subdivision 2new text end ;
(3) a licensed social worker;
(4) a registered nurse working in an emergency room of a hospital;
(5) an advanced practice registered nurse (APRN) as defined in section 148.171,
subdivision 3;
(6) a physician assistant as defined in section 147A.01, subdivision 18;
(7) a mental health practitioner as defined in section 245.462, subdivision 17, providing
mental health mobile crisis intervention services as described under section 256B.0624 with
the consultation and approval by a mental health professional; or
(8) a formally designated member of a prepetition screening unit established by section
253B.07.
Sec. 59.
Minnesota Statutes 2023 Supplement, section 254B.05, subdivision 5, is amended
to read:
Subd. 5.
Rate requirements.
(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.
(b) Eligible substance use disorder treatment services include:
(1) those licensed, as applicable, according to chapter 245G or applicable Tribal license
and provided according to the following ASAM levels of care:
(i) ASAM level 0.5 early intervention services provided according to section 254B.19,
subdivision 1, clause (1);
(ii) ASAM level 1.0 outpatient services provided according to section 254B.19,
subdivision 1, clause (2);
(iii) ASAM level 2.1 intensive outpatient services provided according to section 254B.19,
subdivision 1, clause (3);
(iv) ASAM level 2.5 partial hospitalization services provided according to section
254B.19, subdivision 1, clause (4);
(v) ASAM level 3.1 clinically managed low-intensity residential services provided
according to section 254B.19, subdivision 1, clause (5);
(vi) ASAM level 3.3 clinically managed population-specific high-intensity residential
services provided according to section 254B.19, subdivision 1, clause (6); and
(vii) ASAM level 3.5 clinically managed high-intensity residential services provided
according to section 254B.19, subdivision 1, clause (7);
(2) comprehensive assessments provided according to sections 245.4863, paragraph (a),
and 245G.05;
(3) treatment coordination services provided according to section 245G.07, subdivision
1, paragraph (a), clause (5);
(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);
(5) withdrawal management services provided according to chapter 245F;
(6) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to
144.56;
(7) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable tribal license;
(8) ASAM 3.5 clinically managed high-intensity residential services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license, which
provide ASAM level of care 3.5 according to section 254B.19, subdivision 1, clause (7),
and are provided by a state-operated vendor or to clients who have been civilly committed
to the commissioner, present the most complex and difficult care needs, and are a potential
threat to the community; and
(9) room and board facilities that meet the requirements of subdivision 1a.
(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:
(1) programs that serve parents with their children if the program:
(i) provides on-site child care during the hours of treatment activity that:
(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or
(B) is licensed under chapter 245A and sections 245G.01 to 245G.19; or
(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:
(A) a child care center under Minnesota Rules, chapter 9503; or
(B) a family child care home under Minnesota Rules, chapter 9502;
(2) culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4a;
(3) disability responsive programs as defined in section 254B.01, subdivision 4b;
(4) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to two hours per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; or
(5) programs that offer services to individuals with co-occurring mental health and
substance use disorder problems if:
(i) the program meets the co-occurring requirements in section 245G.20;
(ii) 25 percent of the counseling staff are licensed mental health professionals under
section 245I.04, subdivision 2, or are students or licensing candidates under the supervision
of a licensed alcohol and drug counselor supervisor and mental health professional under
section 245I.04, subdivision 2, except that no more than 50 percent of the mental health
staff may be students or licensing candidates with time documented to be directly related
to provisions of co-occurring services;
(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;
(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;
(v) family education is offered that addresses mental health and substance use disorder
and the interaction between the two; and
(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.
(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the substance use disorder facility of the child care provider's current licensure to provide
child care services.
(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause deleted text begin (4)deleted text end new text begin (5)new text end , items (i) to (iv).
(f) Subject to federal approval, substance use disorder services that are otherwise covered
as direct face-to-face services may be provided via telehealth as defined in section 256B.0625,
subdivision 3b. The use of telehealth to deliver services must be medically appropriate to
the condition and needs of the person being served. Reimbursement shall be at the same
rates and under the same conditions that would otherwise apply to direct face-to-face services.
(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.
(h) Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.
(i) Payment for substance use disorder services under this section must start from the
day of service initiation, when the comprehensive assessment is completed within the
required timelines.
Sec. 60.
Minnesota Statutes 2022, section 256.042, subdivision 4, is amended to read:
Subd. 4.
Grants.
(a) The commissioner of human services shall submit a report of the
grants proposed by the advisory council to be awarded for the upcoming calendar year to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance, by December 1 of each year, beginning
December 1, 2022. This paragraph expires upon the expiration of the advisory council.
(b) The grants shall be awarded to proposals selected by the advisory council that address
the priorities in subdivision 1, paragraph (a), clauses (1) to (4), unless otherwise appropriated
by the legislature. The advisory council shall determine grant awards and funding amounts
based on the funds appropriated to the commissioner under section 256.043, subdivision 3,
paragraph deleted text begin (h)deleted text end new text begin (n)new text end , and subdivision 3a, paragraph (d). The commissioner shall award the
grants from the opiate epidemic response fund and administer the grants in compliance with
section 16B.97. No more than ten percent of the grant amount may be used by a grantee for
administration.
Sec. 61.
Minnesota Statutes 2022, section 256.9742, subdivision 3, is amended to read:
Subd. 3.
Posting.
Every long-term care facility and acute care facility shall post in a
conspicuous place the address and telephone number of the office. A home care service
provider shall provide all recipients, including those in deleted text begin housing with services under chapter
144Ddeleted text end new text begin an assisted living facility under chapter 144Gnew text end , with the address and telephone number
of the office. Counties shall provide clients receiving long-term care consultation services
under section 256B.0911 or home and community-based services through a state or federally
funded program with the name, address, and telephone number of the office. The posting
or notice is subject to approval by the ombudsman.
Sec. 62.
Minnesota Statutes 2022, section 256B.056, subdivision 11, is amended to read:
Subd. 11.
Treatment of annuities.
(a) Any person requesting medical assistance payment
of long-term care services shall provide a complete description of any interest either the
person or the person's spouse has in annuities on a form designated by the department. The
form shall include a statement that the state becomes a preferred remainder beneficiary of
annuities or similar financial instruments by virtue of the receipt of medical assistance
payment of long-term care services. The person and the person's spouse shall furnish the
agency responsible for determining eligibility with complete current copies of their annuities
and related documents and complete the form designating the state as the preferred remainder
beneficiary for each annuity in which the person or the person's spouse has an interest.
(b) The department shall provide notice to the issuer of the department's right under this
section as a preferred remainder beneficiary under the annuity or similar financial instrument
for medical assistance furnished to the person or the person's spouse, and provide notice of
the issuer's responsibilities as provided in paragraph (c).
(c) An issuer of an annuity or similar financial instrument who receives notice of the
state's right to be named a preferred remainder beneficiary as described in paragraph (b)
shall provide confirmation to the requesting agency that the state has been made a preferred
remainder beneficiary. The issuer shall also notify the county agency when a change in the
amount of income or principal being withdrawn from the annuity or other similar financial
instrument or a change in the state's preferred remainder beneficiary designation under the
annuity or other similar financial instrument occurs. The county agency shall provide the
issuer with the name, address, and telephone number of a unit within the department that
the issuer can contact to comply with this paragraph.
(d) "Preferred remainder beneficiary" for purposes of this subdivision and sections
256B.0594 and 256B.0595 means the state is a remainder beneficiary in the first position
in an amount equal to the amount of medical assistance paid on behalf of the institutionalized
person, or is a remainder beneficiary in the second position if the institutionalized person
designates and is survived by a remainder beneficiary who is (1) a spouse who does not
reside in a medical institution, (2) a minor child, or (3) a child of any age who is blind or
permanently and totally disabled as defined in the Supplemental Security Income program.
Notwithstanding this paragraph, the state is the remainder beneficiary in the first position
if the spouse or child disposes of the remainder for less than fair market value.
(e) For purposes of this subdivision, "institutionalized person" and "long-term care
services" have the meanings given in section 256B.0595, subdivision 1, paragraph deleted text begin (f)deleted text end new text begin (a)new text end .
(f) For purposes of this subdivision, "medical institution" means a skilled nursing facility,
intermediate care facility, intermediate care facility for persons with developmental
disabilities, nursing facility, or inpatient hospital.
Sec. 63.
Minnesota Statutes 2022, section 256B.058, subdivision 2, is amended to read:
Subd. 2.
Monthly income allowance for community spouse.
(a) For an institutionalized
spouse, monthly income may be allocated to the community spouse as a monthly income
allowance for the community spouse. Beginning with the first full calendar month the
institutionalized spouse is in the institution, the monthly income allowance is not considered
available to the institutionalized spouse for monthly payment of costs of care in the institution
as long as the income is made available to the community spouse.
(b) The monthly income allowance is the amount by which the community spouse's
monthly maintenance needs allowance under paragraphs (c) and (d) exceeds the amount of
monthly income otherwise available to the community spouse.
(c) The community spouse's monthly maintenance needs allowance is the lesser of $1,500
or 122 percent of the monthly federal poverty guideline for a family of two plus an excess
shelter allowance. The excess shelter allowance is for the amount of shelter expenses that
exceed 30 percent of 122 percent of the federal poverty guideline deleted text begin linedeleted text end for a family of two.
Shelter expenses are the community spouse's expenses for rent, mortgage payments including
principal and interest, taxes, insurance, required maintenance charges for a cooperative or
condominium that is the community spouse's principal residence, and the standard utility
allowance under section 5 of the federal Food and Nutrition Act of 2008. If the community
spouse has a required maintenance charge for a cooperative or condominium, the standard
utility allowance must be reduced by the amount of utility expenses included in the required
maintenance charge.
If the community or institutionalized spouse establishes that the community spouse
needs income greater than the monthly maintenance needs allowance determined in this
paragraph due to exceptional circumstances resulting in significant financial duress, the
monthly maintenance needs allowance may be increased to an amount that provides needed
additional income.
(d) The percentage of the federal poverty guideline used to determine the monthly
maintenance needs allowance in paragraph (c) is increased to 133 percent on July 1, 1991,
and to 150 percent on July 1, 1992. Adjustments in the income limits due to annual changes
in the federal poverty guidelines shall be implemented the first day of July following
publication of the annual changes. The $1,500 maximum must be adjusted January 1, 1990,
and every January 1 after that by the same percentage increase in the Consumer Price Index
for all urban consumers (all items; United States city average) between the two previous
Septembers.
(e) If a court has entered an order against an institutionalized spouse for monthly income
for support of the community spouse, the community spouse's monthly income allowance
under this subdivision shall not be less than the amount of the monthly income ordered.
Sec. 64.
Minnesota Statutes 2022, section 256B.0595, subdivision 1, is amended to read:
Subdivision 1.
Prohibited transfers.
new text begin
(a) For purposes of this section, "long-term care
services" includes services in a nursing facility; services that are eligible for payment
according to section 256B.0625, subdivision 2, because they are provided in a swing bed;
services in an intermediate care facility for persons with developmental disabilities; and
home and community-based services provided pursuant to sections 256B.092 and 256B.49
and chapter 256S. For purposes of this subdivision and subdivisions 2, 3, and 4,
"institutionalized person" includes a person who is an inpatient in a nursing facility, a swing
bed, or an intermediate care facility for persons with developmental disabilities, or who is
receiving home and community-based services under sections 256B.092 and 256B.49 and
chapter 256S.
new text end
deleted text begin (a)deleted text end new text begin (b)new text end Effective for transfers made after August 10, 1993, an institutionalized person,
an institutionalized person's spouse, or any person, court, or administrative body with legal
authority to act in place of, on behalf of, at the direction of, or upon the request of the
institutionalized person or institutionalized person's spouse, may not give away, sell, or
dispose of, for less than fair market value, any asset or interest therein, except assets other
than the homestead that are excluded under the Supplemental Security Income program,
for the purpose of establishing or maintaining medical assistance eligibility. This applies
to all transfers, including those made by a community spouse after the month in which the
institutionalized spouse is determined eligible for medical assistance. For purposes of
determining eligibility for long-term care services, any transfer of such assets within 36
months before or any time after an institutionalized person requests medical assistance
payment of long-term care services, or 36 months before or any time after a medical
assistance recipient becomes an institutionalized person, for less than fair market value may
be considered. Any such transfer is presumed to have been made for the purpose of
establishing or maintaining medical assistance eligibility and the institutionalized person
is ineligible for long-term care services for the period of time determined under subdivision
2, unless the institutionalized person furnishes convincing evidence to establish that the
transaction was exclusively for another purpose, or unless the transfer is permitted under
subdivision 3 or 4. In the case of payments from a trust or portions of a trust that are
considered transfers of assets under federal law, or in the case of any other disposal of assets
made on or after February 8, 2006, any transfers made within 60 months before or any time
after an institutionalized person requests medical assistance payment of long-term care
services and within 60 months before or any time after a medical assistance recipient becomes
an institutionalized person, may be considered.
deleted text begin (b)deleted text end new text begin (c)new text end This section applies to transfers, for less than fair market value, of income or
assets, including assets that are considered income in the month received, such as
inheritances, court settlements, and retroactive benefit payments or income to which the
institutionalized person or the institutionalized person's spouse is entitled but does not
receive due to action by the institutionalized person, the institutionalized person's spouse,
or any person, court, or administrative body with legal authority to act in place of, on behalf
of, at the direction of, or upon the request of the institutionalized person or the
institutionalized person's spouse.
deleted text begin (c)deleted text end new text begin (d)new text end This section applies to payments for care or personal services provided by a
relative, unless the compensation was stipulated in a notarized, written agreement that was
in existence when the service was performed, the care or services directly benefited the
person, and the payments made represented reasonable compensation for the care or services
provided. A notarized written agreement is not required if payment for the services was
made within 60 days after the service was provided.
deleted text begin (d)deleted text end new text begin (e)new text end Effective for transactions, including the purchase of an annuity, occurring on or
after February 8, 2006, by or on behalf of an institutionalized person who has applied for
or is receiving long-term care services or the institutionalized person's spouse shall be treated
as the disposal of an asset for less than fair market value unless the department is named a
preferred remainder beneficiary as described in section 256B.056, subdivision 11. Any
subsequent change to the designation of the department as a preferred remainder beneficiary
shall result in the annuity being treated as a disposal of assets for less than fair market value.
The amount of such transfer shall be the maximum amount the institutionalized person or
the institutionalized person's spouse could receive from the annuity or similar financial
instrument. Any change in the amount of the income or principal being withdrawn from the
annuity or other similar financial instrument at the time of the most recent disclosure shall
be deemed to be a transfer of assets for less than fair market value unless the institutionalized
person or the institutionalized person's spouse demonstrates that the transaction was for fair
market value. In the event a distribution of income or principal has been improperly
distributed or disbursed from an annuity or other retirement planning instrument of an
institutionalized person or the institutionalized person's spouse, a cause of action exists
against the individual receiving the improper distribution for the cost of medical assistance
services provided or the amount of the improper distribution, whichever is less.
deleted text begin (e)deleted text end new text begin (f)new text end Effective for transactions, including the purchase of an annuity, occurring on or
after February 8, 2006, by or on behalf of an institutionalized person applying for or receiving
long-term care services shall be treated as a disposal of assets for less than fair market value
unless it is:
(1) an annuity described in subsection (b) or (q) of section 408 of the Internal Revenue
Code of 1986; or
(2) purchased with proceeds from:
(i) an account or trust described in subsection (a), (c), or (p) of section 408 of the Internal
Revenue Code;
(ii) a simplified employee pension within the meaning of section 408(k) of the Internal
Revenue Code; or
(iii) a Roth IRA described in section 408A of the Internal Revenue Code; or
(3) an annuity that is irrevocable and nonassignable; is actuarially sound as determined
in accordance with actuarial publications of the Office of the Chief Actuary of the Social
Security Administration; and provides for payments in equal amounts during the term of
the annuity, with no deferral and no balloon payments made.
deleted text begin
(f) For purposes of this section, long-term care services include services in a nursing
facility, services that are eligible for payment according to section 256B.0625, subdivision
2, because they are provided in a swing bed, intermediate care facility for persons with
developmental disabilities, and home and community-based services provided pursuant to
chapter
deleted text end
deleted text begin
256S
deleted text end
deleted text begin
and sections 256B.092 and 256B.49. For purposes of this subdivision and
subdivisions 2, 3, and 4, "institutionalized person" includes a person who is an inpatient in
a nursing facility or in a swing bed, or intermediate care facility for persons with
developmental disabilities or who is receiving home and community-based services under
chapter 256S and sections 256B.092 and 256B.49.
deleted text end
(g) This section applies to funds used to purchase a promissory note, loan, or mortgage
unless the note, loan, or mortgage:
(1) has a repayment term that is actuarially sound;
(2) provides for payments to be made in equal amounts during the term of the loan, with
no deferral and no balloon payments made; and
(3) prohibits the cancellation of the balance upon the death of the lender.
(h) In the case of a promissory note, loan, or mortgage that does not meet an exception
in paragraph (g), clauses (1) to (3), the value of such note, loan, or mortgage shall be the
outstanding balance due as of the date of the institutionalized person's request for medical
assistance payment of long-term care services.
(i) This section applies to the purchase of a life estate interest in another person's home
unless the purchaser resides in the home for a period of at least one year after the date of
purchase.
(j) This section applies to transfers into a pooled trust that qualifies under United States
Code, title 42, section 1396p(d)(4)(C), by:
(1) a person age 65 or older or the person's spouse; or
(2) any person, court, or administrative body with legal authority to act in place of, on
behalf of, at the direction of, or upon the request of a person age 65 or older or the person's
spouse.
Sec. 65.
Minnesota Statutes 2022, section 256B.0595, subdivision 4, is amended to read:
Subd. 4.
Other exceptions to transfer prohibition.
(a) An institutionalized person, as
defined in subdivision 1, paragraph deleted text begin (f)deleted text end new text begin (a)new text end , who has made, or whose spouse has made a
transfer prohibited by subdivision 1, is not ineligible for long-term care services if one of
the following conditions applies:
(1) the assets were transferred to the individual's spouse or to another for the sole benefit
of the spouse; or
(2) the institutionalized spouse, prior to being institutionalized, transferred assets to a
spouse, provided that the spouse to whom the assets were transferred does not then transfer
those assets to another person for less than fair market value. (At the time when one spouse
is institutionalized, assets must be allocated between the spouses as provided under section
256B.059); or
(3) the assets were transferred to the individual's child who is blind or permanently and
totally disabled as determined in the Supplemental Security Income program; or
(4) a satisfactory showing is made that the individual intended to dispose of the assets
either at fair market value or for other valuable consideration; or
(5) the local agency determines that denial of eligibility for long-term care services
would work an undue hardship and grants a waiver of a period of ineligibility resulting from
a transfer for less than fair market value based on an imminent threat to the individual's
health and well-being. Imminent threat to the individual's health and well-being means that
imposing a period of ineligibility would endanger the individual's health or life or cause
serious deprivation of food, clothing, or shelter. Whenever an applicant or recipient is denied
eligibility because of a transfer for less than fair market value, the local agency shall notify
the applicant or recipient that the applicant or recipient may request a waiver of the period
of ineligibility if the denial of eligibility will cause undue hardship. With the written consent
of the individual or the personal representative of the individual, a long-term care facility
in which an individual is residing may file an undue hardship waiver request, on behalf of
the individual who is denied eligibility for long-term care services on or after July 1, 2006,
due to a period of ineligibility resulting from a transfer on or after February 8, 2006; or
(6) for transfers occurring after August 10, 1993, the assets were transferred by the
person or the person's spouse: (i) into a trust established for the sole benefit of a son or
daughter of any age who is blind or disabled as defined by the Supplemental Security Income
program; or (ii) into a trust established for the sole benefit of an individual who is under 65
years of age who is disabled as defined by the Supplemental Security Income program. "For
the sole benefit of" has the meaning found in section 256B.059, subdivision 1.
(b) Subject to paragraph (c), when evaluating a hardship waiver, the local agency shall
take into account whether the individual was the victim of financial exploitation, whether
the individual has made reasonable efforts to recover the transferred property or resource,
whether the individual has taken any action to prevent the designation of the department as
a remainder beneficiary on an annuity as described in section 256B.056, subdivision 11,
and other factors relevant to a determination of hardship.
(c) In the case of an imminent threat to the individual's health and well-being, the local
agency shall approve a hardship waiver of the portion of an individual's period of ineligibility
resulting from a transfer of assets for less than fair market value by or to a person:
(1) convicted of financial exploitation, fraud, or theft upon the individual for the transfer
of assets; or
(2) against whom a report of financial exploitation upon the individual has been
substantiated. For purposes of this paragraph, "financial exploitation" and "substantiated"
have the meanings given in section 626.5572.
(d) The local agency shall make a determination within 30 days of the receipt of all
necessary information needed to make such a determination. If the local agency does not
approve a hardship waiver, the local agency shall issue a written notice to the individual
stating the reasons for the denial and the process for appealing the local agency's decision.
When a waiver is granted, a cause of action exists against the person to whom the assets
were transferred for that portion of long-term care services provided within:
(1) 30 months of a transfer made on or before August 10, 1993;
(2) 60 months of a transfer if the assets were transferred after August 30, 1993, to a trust
or portion of a trust that is considered a transfer of assets under federal law;
(3) 36 months of a transfer if transferred in any other manner after August 10, 1993, but
prior to February 8, 2006; or
(4) 60 months of any transfer made on or after February 8, 2006,
or the amount of the uncompensated transfer, whichever is less, together with the costs
incurred due to the action.
Sec. 66.
Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 13e, is
amended to read:
Subd. 13e.
Payment rates.
(a) The basis for determining the amount of payment shall
be the lower of the ingredient costs of the drugs plus the professional dispensing fee; or the
usual and customary price charged to the public. The usual and customary price means the
lowest price charged by the provider to a patient who pays for the prescription by cash,
check, or charge account and includes prices the pharmacy charges to a patient enrolled in
a prescription savings club or prescription discount club administered by the pharmacy or
pharmacy chain. The amount of payment basis must be reduced to reflect all discount
amounts applied to the charge by any third-party provider/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 professional dispensing fee shall be
$10.77 for prescriptions filled with legend drugs meeting the definition of "covered outpatient
drugs" according to United States Code, title 42, section 1396r-8(k)(2). The dispensing fee
for intravenous solutions that must be compounded by the pharmacist shall be $10.77 per
claim. The professional dispensing fee for prescriptions filled with over-the-counter drugs
meeting the definition of covered outpatient drugs shall be $10.77 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. The pharmacy dispensing fee for prescribed
over-the-counter drugs not meeting the definition of covered outpatient drugs shall be $3.65
for 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. For drugs for which a NADAC is
not reported, the commissioner shall estimate the ingredient cost at the wholesale acquisition
cost minus two percent. The ingredient cost of a drug for a provider participating in the
federal 340B Drug Pricing Program shall be either the 340B Drug Pricing Program ceiling
price established by the Health Resources and Services Administration or NADAC,
whichever is lower. 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 to the actual acquisition cost of the
drug product and no higher than the NADAC of the generic product. 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) 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) If a pharmacy dispenses a multisource drug, the ingredient cost shall be the NADAC
of the generic product or the maximum 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.
The commissioner shall discount the payment rate for drugs obtained through the federal
340B Drug Pricing Program by 28.6 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 establish maximum allowable cost rates for specialty pharmacy
products that are lower than the ingredient cost formulas 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 with whom the
commissioner has negotiated lower reimbursement rates. 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 maximum allowable cost
reimbursement. 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 maximum allowable cost
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.
(h) The commissioner shall contract with a vendor to conduct a cost of dispensing survey
for all pharmacies that are physically located in the state of Minnesota that dispense outpatient
drugs under medical assistance. The commissioner shall ensure that the vendor has prior
experience in conducting cost of dispensing surveys. Each pharmacy enrolled with the
department to dispense outpatient prescription drugs to fee-for-service members must
respond to the cost of dispensing survey. The commissioner may sanction a pharmacy under
section 256B.064 for failure to respond. The commissioner shall require the vendor to
measure a single statewide cost of dispensing for specialty prescription drugs and a single
statewide cost of dispensing for nonspecialty prescription drugs for all responding pharmacies
to measure the mean, mean weighted by total prescription volume, mean weighted by
medical assistance prescription volume, median, median weighted by total prescription
volume, and median weighted by total medical assistance prescription volume. The
commissioner shall post a copy of the final cost of dispensing survey report on the
department's website. The initial survey must be completed no later than January 1, 2021,
and repeated every three years. The commissioner shall provide a summary of the results
of each cost of dispensing survey and provide recommendations for any changes to the
dispensing fee to the chairs and ranking new text begin minority new text end members of the legislative committees
with jurisdiction over medical assistance pharmacy reimbursement. Notwithstanding section
256.01, subdivision 42, this paragraph does not expire.
(i) The commissioner shall increase the ingredient cost reimbursement calculated in
paragraphs (a) and (f) by 1.8 percent for prescription and nonprescription drugs subject to
the wholesale drug distributor tax under section 295.52.
Sec. 67.
Minnesota Statutes 2022, section 256B.0625, subdivision 56, is amended to read:
Subd. 56.
Medical service coordination.
(a)(1) Medical assistance covers in-reach
community-based service coordination that is performed through a hospital emergency
department as an eligible procedure under a state deleted text begin healthcaredeleted text end new text begin health carenew text end program for a
frequent user. A frequent user is defined as an individual who has frequented the hospital
emergency department for services three or more times in the previous four consecutive
months. In-reach community-based service coordination includes 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 emergency room and other
nonmedically necessary health care utilization.
(2) Medical assistance covers in-reach community-based service coordination that is
performed through a hospital emergency department or inpatient psychiatric unit for a child
or young adult up to age 21 with a serious emotional disturbance who has frequented the
hospital emergency room two or more times in the previous consecutive three months or
been admitted to an inpatient psychiatric unit two or more times in the previous consecutive
four months, or is being discharged to a shelter.
(b) Reimbursement must be made in 15-minute increments and allowed for up to 60
days posthospital discharge based upon the specific identified emergency department visit
or inpatient admitting event. In-reach community-based service coordination shall seek to
connect frequent users with existing covered services available to them, including, but not
limited to, targeted case management, waiver case management, or care coordination in a
health care home. For children and young adults with a serious emotional disturbance,
in-reach community-based service coordination includes navigating and arranging for
community-based services prior to discharge to address a client's mental health, chemical
health, social, educational, family support and housing needs, or any other activity targeted
at reducing multiple incidents of emergency room use, inpatient readmissions, and other
nonmedically necessary health care utilization. In-reach services shall seek to connect them
with existing covered services, including targeted case management, waiver case
management, care coordination in a health care home, children's therapeutic services and
supports, crisis services, and respite care. Eligible in-reach service coordinators must hold
a minimum of a bachelor's degree in social work, public health, corrections, or a related
field. The commissioner shall submit any necessary application for waivers to the Centers
for Medicare and Medicaid Services to implement this subdivision.
(c)(1) For the purposes of this subdivision, "in-reach community-based service
coordination" means the practice of a community-based worker with training, knowledge,
skills, and ability to access a continuum of services, including housing, transportation,
chemical and mental health treatment, employment, education, and peer support services,
by working with an organization's staff to transition an individual back into the individual's
living environment. In-reach community-based service coordination includes working with
the individual during their discharge and for up to a defined amount of time in the individual's
living environment, reducing the individual's need for readmittance.
(2) Hospitals utilizing in-reach service coordinators shall report annually to the
commissioner on the number of adults, children, and adolescents served; the postdischarge
services which they accessed; and emergency department/psychiatric hospitalization
readmissions. The commissioner shall ensure that services and payments provided under
in-reach care coordination do not duplicate services or payments provided under new text begin subdivision
20 or new text end section 256B.0753deleted text begin ,deleted text end new text begin ornew text end 256B.0755deleted text begin , or 256B.0625, subdivision 20deleted text end .
Sec. 68.
Minnesota Statutes 2023 Supplement, section 256B.0913, subdivision 5, is
amended to read:
Subd. 5.
Services covered under alternative care.
new text begin (a) new text end Alternative care funding may
be used for payment of costs of:
(1) adult day services and adult day services bath;
(2) home care;
(3) homemaker services;
(4) personal care;
(5) case management and conversion case management;
(6) respite care;
(7) specialized supplies and equipment;
(8) home-delivered meals;
(9) nonmedical transportation;
(10) nursing services;
(11) chore services;
(12) companion services;
(13) nutrition services;
(14) family caregiver training and education;
(15) coaching and counseling;
(16) telehome care to provide services in their own homes in conjunction with in-home
visits;
(17) consumer-directed community supports;
(18) environmental accessibility and adaptations; and
(19) discretionary services, for which lead agencies may make payment from their
alternative care program allocation for services not otherwise defined in this section or
section 256B.0625, following approval by the commissioner.
new text begin (b) new text end Total annual payments for discretionary services for all clients served by a lead
agency must not exceed 25 percent of that lead agency's annual alternative care program
base allocation, except that when alternative care services receive federal financial
participation under the 1115 waiver demonstration, funding shall be allocated in accordance
with subdivision 17.
Sec. 69.
Minnesota Statutes 2022, section 256B.0941, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) An individual who is eligible for mental health treatment
services in a psychiatric residential treatment facility must meet all of the following criteria:
(1) before admission, services are determined to be medically necessary according to
Code of Federal Regulations, title 42, section 441.152;
(2) is younger than 21 years of age at the time of admission. Services may continue until
the individual meets criteria for discharge or reaches 22 years of age, whichever occurs
first;
(3) has a mental health diagnosis as defined in the most recent edition of the Diagnostic
and Statistical Manual for Mental Disorders, as well as clinical evidence of severe aggression,
or a finding that the individual is a risk to self or others;
(4) has functional impairment and a history of difficulty in functioning safely and
successfully in the community, school, home, or job; an inability to adequately care for
one's physical needs; or caregivers, guardians, or family members new text begin who new text end are unable to safely
fulfill the individual's needs;
(5) requires psychiatric residential treatment under the direction of a physician to improve
the individual's condition or prevent further regression so that services will no longer be
needed;
(6) utilized and exhausted other community-based mental health services, or clinical
evidence indicates that such services cannot provide the level of care needed; and
(7) was referred for treatment in a psychiatric residential treatment facility by a mental
health professional qualified according to section 245I.04, subdivision 2.
(b) The commissioner shall provide oversight and review the use of referrals for clients
admitted to psychiatric residential treatment facilities to ensure that eligibility criteria,
clinical services, and treatment planning reflect clinical, state, and federal standards for
psychiatric residential treatment facility level of care. The commissioner shall coordinate
the production of a statewide list of children and youth who meet the medical necessity
criteria for psychiatric residential treatment facility level of care and who are awaiting
admission. The commissioner and any recipient of the list shall not use the statewide list to
direct admission of children and youth to specific facilities.
Sec. 70.
Minnesota Statutes 2023 Supplement, section 256B.0943, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given them.
(b) "Children's therapeutic services and supports" means the flexible package of mental
health services for children who require varying therapeutic and rehabilitative levels of
intervention to treat a diagnosed emotional disturbance, as defined in section 245.4871,
subdivision 15, or a diagnosed mental illness, as defined in section 245.462, subdivision
20. The services are time-limited interventions that are delivered using various treatment
modalities and combinations of services designed to reach treatment outcomes identified
in the individual treatment plan.
(c) "Clinical trainee" means a staff person who is qualified according to section 245I.04,
subdivision 6.
(d) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.
(e) "Culturally competent provider" means a provider who understands and can utilize
to a client's benefit the client's culture when providing services to the client. A provider
may be culturally competent because the provider is of the same cultural or ethnic group
as the client or the provider has developed the knowledge and skills through training and
experience to provide services to culturally diverse clients.
(f) "Day treatment program" for children means a site-based structured mental health
program consisting of psychotherapy for three or more individuals and individual or group
skills training provided by a team, under the treatment supervision of a mental health
professional.
(g) "Direct service time" means the time that a mental health professional, clinical trainee,
mental health practitioner, or mental health behavioral aide spends face-to-face with a client
and the client's family or providing covered services through telehealth as defined under
section 256B.0625, subdivision 3b. Direct service time includes time in which the provider
obtains a client's history, develops a client's treatment plan, records individual treatment
outcomes, or provides service components of children's therapeutic services and supports.
Direct service time does not include time doing work before and after providing direct
services, including scheduling or maintaining clinical records.
(h) "Direction of mental health behavioral aide" means the activities of a mental health
professional, clinical trainee, or mental health practitioner in guiding the mental health
behavioral aide in providing services to a client. The direction of a mental health behavioral
aide must be based on the client's individual treatment plan and meet the requirements in
subdivision 6, paragraph (b), clause (7).
(i) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15.
(j) "Individual treatment plan" means the plan described in section 245I.10, subdivisions
7 and 8.
(k) "Mental health behavioral aide services" means medically necessary one-on-one
activities performed by a mental health behavioral aide qualified according to section
245I.04, subdivision 16, to assist a child retain or generalize psychosocial skills as previously
trained by a mental health professional, clinical trainee, or mental health practitioner and
as described in the child's individual treatment plan and individual behavior plan. Activities
involve working directly with the child or child's family as provided in subdivision 9,
paragraph (b), clause (4).
(l) "Mental health certified family peer specialist" means a staff person who is qualified
according to section 245I.04, subdivision 12.
(m) "Mental health practitioner" means a staff person who is qualified according to
section 245I.04, subdivision 4.
(n) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.
(o) "Mental health service plan development" includes:
(1) development and revision of a child's individual treatment plan; and
(2) administering and reporting deleted text begin the standardized outcome measurements in section
245I.10, subdivision 6, paragraph (d), clauses (3) and (4), and otherdeleted text end standardized outcome
measurements approved by the commissioner, as periodically needed to evaluate the
effectiveness of treatment.
(p) "Mental illness," for persons at least age 18 but under age 21, has the meaning given
in section 245.462, subdivision 20, paragraph (a).
(q) "Psychotherapy" means the treatment described in section 256B.0671, subdivision
11.
(r) "Rehabilitative services" or "psychiatric rehabilitation services" means interventions
to: (1) restore a child or adolescent to an age-appropriate developmental trajectory that had
been disrupted by a psychiatric illness; or (2) enable the child to self-monitor, compensate
for, cope with, counteract, or replace psychosocial skills deficits or maladaptive skills
acquired over the course of a psychiatric illness. Psychiatric rehabilitation services for
children combine coordinated psychotherapy to address internal psychological, emotional,
and intellectual processing deficits, and skills training to restore personal and social
functioning. Psychiatric rehabilitation services establish a progressive series of goals with
each achievement building upon a prior achievement.
(s) "Skills training" means individual, family, or group training, delivered by or under
the supervision of a mental health professional, designed to facilitate the acquisition of
psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate
developmental trajectory heretofore disrupted by a psychiatric illness or to enable the child
to self-monitor, compensate for, cope with, counteract, or replace skills deficits or
maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject
to the service delivery requirements under subdivision 9, paragraph (b), clause (2).
(t) "Standard diagnostic assessment" means the assessment described in section 245I.10,
subdivision 6.
(u) "Treatment supervision" means the supervision described in section 245I.06.
Sec. 71.
Minnesota Statutes 2022, section 256B.196, subdivision 2, is amended to read:
Subd. 2.
Commissioner's duties.
(a) For the purposes of this subdivision and subdivision
3, the commissioner shall determine the fee-for-service outpatient hospital services upper
payment limit for nonstate government hospitals. The commissioner shall then determine
the amount of a supplemental payment to Hennepin County Medical Center and Regions
Hospital for these services that would increase medical assistance spending in this category
to the aggregate upper payment limit for all nonstate government hospitals in Minnesota.
In making this determination, the commissioner shall allot the available increases between
Hennepin County Medical Center and Regions Hospital based on the ratio of medical
assistance fee-for-service outpatient hospital payments to the two facilities. The commissioner
shall adjust this allotment as necessary based on federal approvals, the amount of
intergovernmental transfers received from Hennepin and Ramsey Counties, and other factors,
in order to maximize the additional total payments. The commissioner shall inform Hennepin
County and Ramsey County of the periodic intergovernmental transfers necessary to match
federal Medicaid payments available under this subdivision in order to make supplementary
medical assistance payments to Hennepin County Medical Center and Regions Hospital
equal to an amount that when combined with existing medical assistance payments to
nonstate governmental hospitals would increase total payments to hospitals in this category
for outpatient services to the aggregate upper payment limit for all hospitals in this category
in Minnesota. Upon receipt of these periodic transfers, the commissioner shall make
supplementary payments to Hennepin County Medical Center and Regions Hospital.
(b) For the purposes of this subdivision and subdivision 3, the commissioner shall
determine an upper payment limit for physicians and other billing professionals affiliated
with Hennepin County Medical Center and with Regions Hospital. The upper payment limit
shall be based on the average commercial rate or be determined using another method
acceptable to the Centers for Medicare and Medicaid Services. The commissioner shall
inform Hennepin County and Ramsey County of the periodic intergovernmental transfers
necessary to match the federal Medicaid payments available under this subdivision in order
to make supplementary payments to physicians and other billing professionals affiliated
with Hennepin County Medical Center and to make supplementary payments to physicians
and other billing professionals affiliated with Regions Hospital through HealthPartners
Medical Group equal to the difference between the established medical assistance payment
for physician and other billing professional services and the upper payment limit. Upon
receipt of these periodic transfers, the commissioner shall make supplementary payments
to physicians and other billing professionals affiliated with Hennepin County Medical Center
and shall make supplementary payments to physicians and other billing professionals
affiliated with Regions Hospital through HealthPartners Medical Group.
(c) Beginning January 1, 2010, Ramsey County may make monthly voluntary
intergovernmental transfers to the commissioner in amounts not to exceed $6,000,000 per
year. The commissioner shall increase the medical assistance capitation payments to any
licensed health plan under contract with the medical assistance program that agrees to make
enhanced payments to Regions Hospital. The increase shall be in an amount equal to the
annual value of the monthly transfers plus federal financial participation, with each health
plan receiving its pro rata share of the increase based on the pro rata share of medical
assistance admissions to Regions Hospital by those plans. For the purposes of this paragraph,
"the base amount" means the total annual value of increased medical assistance capitation
payments, including the voluntary intergovernmental transfers, under this paragraph in
calendar year 2017. For managed care contracts beginning on or after January 1, 2018, the
commissioner shall reduce the total annual value of increased medical assistance capitation
payments under this paragraph by an amount equal to ten percent of the base amount, and
by an additional ten percent of the base amount for each subsequent contract year until
December 31, 2025. Upon the request of the commissioner, health plans shall submit
individual-level cost data for verification purposes. The commissioner may ratably reduce
these payments on a pro rata basis in order to satisfy federal requirements for actuarial
soundness. If payments are reduced, transfers shall be reduced accordingly. Any licensed
health plan that receives increased medical assistance capitation payments under the
intergovernmental transfer described in this paragraph shall increase its medical assistance
payments to Regions Hospital by the same amount as the increased payments received in
the capitation payment described in this paragraph. This paragraph expires January 1, 2026.
(d) For the purposes of this subdivision and subdivision 3, the commissioner shall
determine an upper payment limit for ambulance services affiliated with Hennepin County
Medical Center and the city of St. Paul, and ambulance services owned and operated by
another governmental entity that chooses to participate by requesting the commissioner to
determine an upper payment limit. The upper payment limit shall be based on the average
commercial rate or be determined using another method acceptable to the Centers for
Medicare and Medicaid Services. The commissioner shall inform Hennepin County, the
city of St. Paul, and other participating governmental entities of the periodic
intergovernmental transfers necessary to match the federal Medicaid payments available
under this subdivision in order to make supplementary payments to Hennepin County
Medical Center, the city of St. Paul, and other participating governmental entities equal to
the difference between the established medical assistance payment for ambulance services
and the upper payment limit. Upon receipt of these periodic transfers, the commissioner
shall make supplementary payments to Hennepin County Medical Center, the city of St.
Paul, and other participating governmental entities. A tribal government that owns and
operates an ambulance service is not eligible to participate under this subdivision.
(e) For the purposes of this subdivision and subdivision 3, the commissioner shall
determine an upper payment limit for physicians, dentists, and other billing professionals
affiliated with the University of Minnesota and University of Minnesota Physicians. The
upper payment limit shall be based on the average commercial rate or be determined using
another method acceptable to the Centers for Medicare and Medicaid Services. The
commissioner shall inform the University of Minnesota Medical School and University of
Minnesota School of Dentistry of the periodic intergovernmental transfers necessary to
match the federal Medicaid payments available under this subdivision in order to make
supplementary payments to physicians, dentists, and other billing professionals affiliated
with the University of Minnesota and the University of Minnesota Physicians equal to the
difference between the established medical assistance payment for physician, dentist, and
other billing professional services and the upper payment limit. Upon receipt of these periodic
transfers, the commissioner shall make supplementary payments to physicians, dentists,
and other billing professionals affiliated with the University of Minnesota and the University
of Minnesota Physicians.
(f) The commissioner shall inform the transferring governmental entities on an ongoing
basis of deleted text begin the need fordeleted text end any changes needed in the intergovernmental transfers in order to
continue the payments under paragraphs (a) to (e), at their maximum level, including
increases in upper payment limits, changes in the federal Medicaid match, and other factors.
(g) The payments in paragraphs (a) to (e) shall be implemented independently of each
other, subject to federal approval and to the receipt of transfers under subdivision 3.
(h) All of the data and funding transactions related to the payments in paragraphs (a) to
(e) shall be between the commissioner and the governmental entities.
(i) For purposes of this subdivision, billing professionals are limited to physicians, nurse
practitioners, nurse midwives, clinical nurse specialists, physician assistants,
anesthesiologists, certified registered nurse anesthetists, dentists, dental hygienists, and
dental therapists.
Sec. 72.
Minnesota Statutes 2022, section 256B.197, subdivision 3, is amended to read:
Subd. 3.
Commissioner's duties.
(a) For the purposes of this subdivision, the
commissioner shall determine the fee-for-service inpatient hospital services upper payment
limit for nonstate government hospitals. The commissioner shall determine, for each eligible
nonstate government hospital, the amount of a supplemental payment for inpatient hospital
services that would increase medical assistance spending for each eligible nonstate
government hospital up to the amount that Medicare would pay for the Medicaid
fee-for-service inpatient hospital services provided by that hospital. If the combined amount
of such supplemental payment amounts and existing medical assistance payments for
inpatient hospital services to all nonstate government hospitals is less than the upper payment
limit, the commissioner shall increase the supplemental payment amount for each eligible
nonstate government hospital in proportion to the initial supplemental payments in order
to maximize the additional total payments.
(b) The commissioner shall inform each eligible nonstate government hospital and
associated governmental entities of voluntary intergovernmental transfers necessary to
provide the nonfederal share for the supplemental payment amount attributable to each
eligible nonstate government hospital, as calculated under paragraph (a).
(c) Upon receipt of a voluntary intergovernmental transfer from a governmental entity
associated with an eligible nonstate government hospital or from the eligible nonstate
government hospital, the commissioner shall make a supplemental payment, using the
amounts calculated under paragraph (a), to the associated eligible nonstate government
hospital.
(d) The commissioner may implement the payments in this section through use of periodic
payments and voluntary intergovernmental transfers.
(e) The commissioner shall inform eligible nonstate government hospitals and associated
governmental entities on an ongoing basis of deleted text begin the need fordeleted text end any changes needed in the payment
amounts or voluntary intergovernmental transfers in order to continue the payments under
paragraph (c) at their maximum level, including increases in upper payment limits, changes
in the federal Medicaid match, and other factors.
Sec. 73.
Minnesota Statutes 2022, section 256B.4911, subdivision 1, is amended to read:
Subdivision 1.
Federal authority.
Consumer-directed community supports, as referenced
in sections 256B.0913, subdivision 5, new text begin paragraph (a), new text end clause (17); 256B.092, subdivision 1b,
clause (4); 256B.49, subdivision 16, paragraph (c); and chapter 256S are governed, in whole,
by the federally-approved waiver plans for home and community-based services.
Sec. 74.
Minnesota Statutes 2022, section 256D.64, subdivision 2, is amended to read:
Subd. 2.
Eligibility requirements.
To be eligible for the Minnesota food assistance
program, all of the following conditions must be met:
(1) the applicant must meet the initial and ongoing eligibility requirements for the federal
SNAP, except for the applicant's ineligible immigration status;
(2) the applicant must be either a qualified noncitizen as defined in section 256J.08,
subdivision 73, or a noncitizen otherwise residing lawfully in the United States;
(3) the applicant must be a resident of the state; and
(4) the applicant must not be receiving assistance under deleted text begin thedeleted text end MFIP deleted text begin or the work first
programdeleted text end .
Sec. 75.
Minnesota Statutes 2022, section 256I.04, subdivision 2a, is amended to read:
Subd. 2a.
License required; staffing qualifications.
(a) Except as provided in paragraph
(b), an agency may not enter into an agreement with an establishment to provide housing
support unless:
(1) the establishment is licensed by the Department of Health as a hotel and restaurant;
a board and lodging establishment; a boarding care home before March 1, 1985; or a
supervised living facility, and the service provider for residents of the facility is licensed
under chapter 245A. However, an establishment licensed by the Department of Health to
provide lodging need not also be licensed to provide board if meals are being supplied to
residents under a contract with a food vendor who is licensed by the Department of Health;
(2) the residence is: (i) licensed by the commissioner of human services under Minnesota
Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services agency prior
to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 to 9555.6265;
(iii) licensed by the commissioner under Minnesota Rules, parts 2960.0010 to 2960.0120,
with a variance under section 245A.04, subdivision 9; or (iv) licensed under section 245D.02,
subdivision 4a, as a community residential setting by the commissioner of human services;
or
(3) the facility is deleted text begin registered under chapter deleted text end deleted text begin 144Ddeleted text end deleted text begin ordeleted text end licensed under chapter 144G and
provides three meals a day.
(b) The requirements under paragraph (a) do not apply to establishments exempt from
state licensure because they are:
(1) located on Indian reservations and subject to tribal health and safety requirements;
or
(2) supportive housing establishments where an individual has an approved habitability
inspection and an individual lease agreement.
(c) Supportive housing establishments that serve individuals who have experienced
long-term homelessness and emergency shelters must participate in the homeless management
information system and a coordinated assessment system as defined by the commissioner.
(d) Effective July 1, 2016, an agency shall not have an agreement with a provider of
housing support unless all staff members who have direct contact with recipients:
(1) have skills and knowledge acquired through one or more of the following:
(i) a course of study in a health- or human services-related field leading to a bachelor
of arts, bachelor of science, or associate's degree;
(ii) one year of experience with the target population served;
(iii) experience as a mental health certified peer specialist according to section 256B.0615;
or
(iv) meeting the requirements for unlicensed personnel under sections 144A.43 to
144A.483;
(2) hold a current driver's license appropriate to the vehicle driven if transporting
recipients;
(3) complete training on vulnerable adults mandated reporting and child maltreatment
mandated reporting, where applicable; and
(4) complete housing support orientation training offered by the commissioner.
Sec. 76.
Minnesota Statutes 2022, section 256L.11, subdivision 2, is amended to read:
Subd. 2.
Payment of certain providers.
Services provided by federally qualified health
centers, rural health clinics, facilities of the Indian deleted text begin health servicedeleted text end new text begin Health Servicenew text end , and certified
community behavioral health clinics shall be paid for according to the same rates and
conditions applicable to the same service provided by providers that are not federally
qualified health centers, rural health clinics, facilities of the Indian deleted text begin health servicedeleted text end new text begin Health
Servicenew text end , or certified community behavioral health clinics. The alternative payment
methodology described under section 256B.0625, subdivision 30, paragraph (l), shall not
apply to services delivered under this chapter by federally qualified health centers, rural
health clinics, and facilities of the Indian Health deleted text begin Servicesdeleted text end new text begin Servicenew text end . The prospective payment
system for certified behavioral health clinics under section 256B.0625, subdivision 5m,
shall not apply to services delivered under this chapter.
Sec. 77.
Minnesota Statutes 2022, section 256L.11, subdivision 6a, is amended to read:
Subd. 6a.
Dental providers.
deleted text begin
(a) Effective for dental services provided to MinnesotaCare
enrollees on or after January 1, 2018, to December 31, 2021, the commissioner shall increase
payment rates to dental providers by 54 percent.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end Effective for dental services provided on or after January 1, 2022, payment rates
to dental providers shall equal the payment rates described in section 256B.76, subdivision
2.
deleted text begin (c)deleted text end new text begin (b)new text end Payments made to prepaid health plans under section 256L.12 shall reflect the
payment rates described in this subdivision. The prepaid health plans under contract with
the commissioner shall provide payments to dental providers that are at least equal to a rate
that includes the payment rate specified in this subdivision, and if applicable to the provider,
the rates described under subdivision 7.
Sec. 78.
Minnesota Statutes 2022, section 259.12, is amended to read:
259.12 CORRECTIONAL INMATES; NAME CHANGES; LIMITED.
During an inmate's confinement in a correctional facility, as defined in section 241.021,
deleted text begin subdivision 1deleted text end deleted text begin , paragraph (f)deleted text end new text begin subdivision 1inew text end , an inmate may request a name change under
section 259.10 only once and may proceed in forma pauperis only when the failure to allow
the name change would infringe on a constitutional right of an inmate.
Sec. 79.
Minnesota Statutes 2022, section 260B.188, subdivision 1, is amended to read:
Subdivision 1.
Medical aid.
If a child is taken into custody as provided in section
260B.175 and detained in a local juvenile secure detention facility or shelter care facility,
or if a child is sentenced by the juvenile court to a local correctional facility as defined in
section 241.021, deleted text begin subdivision 1deleted text end deleted text begin , paragraph (f)deleted text end new text begin subdivision 1inew text end , the child's county of residence
shall pay the costs of medical services provided to the child during the period of time the
child is residing in the facility. The county of residence is entitled to reimbursement from
the child or the child's family for payment of medical bills to the extent that the child or the
child's family has the ability to pay for the medical services. If there is a disagreement
between the county and the child or the child's family concerning the ability to pay or
whether the medical services were necessary, the court with jurisdiction over the child shall
determine the extent, if any, of the child's or the family's ability to pay for the medical
services or whether the services are necessary. If the child is covered by health or medical
insurance or a health plan when medical services are provided, the county paying the costs
of medical services has a right of subrogation to be reimbursed by the insurance carrier or
health plan for all amounts spent by it for medical services to the child that are covered by
the insurance policy or health plan, in accordance with the benefits, limitations, exclusions,
provider restrictions, and other provisions of the policy or health plan. The county may
maintain an action to enforce this subrogation right. The county does not have a right of
subrogation against the medical assistance program or the MinnesotaCare program.
Sec. 80.
Minnesota Statutes 2022, section 270C.445, subdivision 6b, is amended to read:
Subd. 6b.
Exchange of data; Lawyers deleted text begin Board ofdeleted text end Professional Responsibilitynew text begin
Boardnew text end .
The Lawyers deleted text begin Board ofdeleted text end Professional Responsibilitynew text begin Boardnew text end may refer to the
commissioner complaints it receives about tax preparers who are not subject to its jurisdiction
and who are alleged to have violated the provisions of this section, except subdivision 5a,
or section 270C.4451.
Sec. 81.
Minnesota Statutes 2022, section 270C.445, subdivision 6c, is amended to read:
Subd. 6c.
Exchange of data; commissioner.
The commissioner shall refer information
and complaints about tax preparers who are alleged to have violated the provisions of this
section, except subdivision 5a, or section 270C.4451, to:
(1) the State Board of Accountancy, if the tax preparer is under its jurisdiction; and
(2) the Lawyers deleted text begin Board ofdeleted text end Professional Responsibilitynew text begin Boardnew text end , if the tax preparer is under
its jurisdiction.
Sec. 82.
Minnesota Statutes 2022, section 270C.445, subdivision 6d, is amended to read:
Subd. 6d.
Data private.
Information exchanged on individuals under subdivisions 6a
to 6c are private data under section 13.02, subdivision 12, until such time as a penalty is
imposed as provided in section 326A.08 or by the Lawyers deleted text begin Board ofdeleted text end Professional
Responsibilitynew text begin Boardnew text end .
Sec. 83.
Minnesota Statutes 2022, section 270C.446, subdivision 5, is amended to read:
Subd. 5.
Removal from list.
The commissioner shall remove the name of a tax preparer
from the list of tax preparers published under this section:
(1) when the commissioner determines that the name was included on the list in error;
(2) within three years after the preparer has demonstrated to the commissioner that the
preparer fully paid all fines and penalties imposed, served any suspension, satisfied any
sentence imposed, successfully completed any probationary period imposed, and successfully
completed any remedial actions required by the commissioner, the State Board of
Accountancy, or the Lawyers deleted text begin Board ofdeleted text end Professional Responsibilitynew text begin Boardnew text end ; or
(3) when the commissioner has been notified that the tax preparer is deceased.
Sec. 84.
Minnesota Statutes 2022, section 272.02, subdivision 97, is amended to read:
Subd. 97.
Property used in business of mining subject to deleted text begin netdeleted text end new text begin grossnew text end proceeds tax.
The
following property used in the business of mining that is subject to the deleted text begin netdeleted text end new text begin grossnew text end proceeds
tax under section 298.015 is exempt:
(1) deposits of ores, metals, and minerals and the lands in which they are contained;
(2) all real and personal property used in mining, quarrying, producing, or refining ores,
minerals, or metals, including lands occupied by or used in connection with the mining,
quarrying, production, or ore refining facilities; and
(3) concentrate.
This exemption applies for each year that a person subject to tax under section 298.015
uses the property for mining, quarrying, producing, or refining ores, metals, or minerals.
Sec. 85.
Minnesota Statutes 2022, section 273.032, is amended to read:
273.032 MARKET VALUE DEFINITION.
(a) Unless otherwise provided, for the purpose of determining any property tax levy
limitation based on market value or any limit on net debt, the issuance of bonds, certificates
of indebtedness, or capital notes based on market value, any qualification to receive state
aid based on market value, or any state aid amount based on market value, the terms "market
value," "estimated market value," and "market valuation," whether equalized or unequalized,
mean the estimated market value of taxable property within the local unit of government
before any of the following or similar adjustments for:
(1) the market value exclusions under:
(i) section 273.11, subdivisions 14a and 14c (vacant platted land);
deleted text begin
(ii) section 273.11, subdivision 16 (certain improvements to homestead property);
deleted text end
deleted text begin (iii)deleted text end new text begin (ii)new text end section 273.11, subdivisions 19 and 20 (certain improvements to business
properties);
deleted text begin (iv)deleted text end new text begin (iii)new text end section 273.11, subdivision 21 (homestead property damaged by mold);
deleted text begin (v)deleted text end new text begin (iv)new text end section 273.13, subdivision 34 (homestead of a veteran with a disability or family
caregiver); or
deleted text begin (vi)deleted text end new text begin (v) new text end section 273.13, subdivision 35 (homestead market value exclusion); or
(2) the deferment of value under:
(i) the Minnesota Agricultural Property Tax Law, section 273.111;
(ii) the Aggregate Resource Preservation Law, section 273.1115;
(iii) the Minnesota Open Space Property Tax Law, section 273.112;
(iv) the rural preserves property tax program, section 273.114; or
(v) the Metropolitan Agricultural Preserves Act, section 473H.10; or
(3) the adjustments to tax capacity for:
(i) tax increment financing under sections 469.174 to 469.1794;
(ii) fiscal disparities under chapter 276A or 473F; or
(iii) powerline credit under section 273.425.
(b) Estimated market value under paragraph (a) also includes the market value of
tax-exempt property if the applicable law specifically provides that the limitation,
qualification, or aid calculation includes tax-exempt property.
(c) Unless otherwise provided, "market value," "estimated market value," and "market
valuation" for purposes of property tax levy limitations and calculation of state aid, refer
to the estimated market value for the previous assessment year and for purposes of limits
on net debt, the issuance of bonds, certificates of indebtedness, or capital notes refer to the
estimated market value as last finally equalized.
(d) For purposes of a provision of a home rule charter or of any special law that is not
codified in the statutes and that imposes a levy limitation based on market value or any limit
on debt, the issuance of bonds, certificates of indebtedness, or capital notes based on market
value, the terms "market value," "taxable market value," and "market valuation," whether
equalized or unequalized, mean "estimated market value" as defined in paragraph (a).
Sec. 86.
Minnesota Statutes 2022, section 273.121, subdivision 1, is amended to read:
Subdivision 1.
Notice.
Any county assessor or city assessor having the powers of a
county assessor, valuing or classifying taxable real property shall in each year notify those
persons whose property is to be included on the assessment roll that year if the person's
address is known to the assessor, otherwise the occupant of the property. The notice shall
be in writing and shall be sent by ordinary mail at least ten days before the meeting of the
local board of appeal and equalization under section 274.01 or the review process established
under section 274.13, subdivision 1c. Upon written request by the owner of the property,
the assessor may send the notice in electronic form or by electronic mail instead of on paper
or by ordinary mail. It shall contain: (1) the market value for the current and prior
assessmentdeleted text begin ,deleted text end new text begin ;new text end (2) deleted text begin the qualifying amount of any improvements under section 273.11,
subdivision 16, for the current assessment, (3)deleted text end the market value subject to taxation after
subtracting the amount of any qualifying improvements for the current assessmentdeleted text begin , (4)deleted text end new text begin ; (3)new text end
the classification of the property for the current and prior assessmentdeleted text begin , (5)deleted text end new text begin ; (4)new text end the assessor's
office addressdeleted text begin ,deleted text end and deleted text begin (6)deleted text end new text begin ; (5)new text end the dates, places, and times set for the meetings of the local board
of appeal and equalization, the review process established under section 274.13, subdivision
1c, and the county board of appeal and equalization. If the classification of the property has
changed between the current and prior assessments, a specific note to that effect shall be
prominently listed on the statement. The commissioner of revenue shall specify the form
of the notice. The assessor shall attach to the assessment roll a statement that the notices
required by this section have been mailed. Any assessor who is not provided sufficient funds
from the assessor's governing body to provide such notices, may make application to the
commissioner of revenue to finance such notices. The commissioner of revenue shall conduct
an investigation and, if satisfied that the assessor does not have the necessary funds, issue
a certification to the commissioner of management and budget of the amount necessary to
provide such notices. The commissioner of management and budget shall issue a payment
for such amount and shall deduct such amount from any state payment to such county or
municipality. The necessary funds to make such payments are hereby appropriated. Failure
to receive the notice shall in no way affect the validity of the assessment, the resulting tax,
the procedures of any board of review or equalization, or the enforcement of delinquent
taxes by statutory means.
Sec. 87.
Minnesota Statutes 2022, section 276.04, subdivision 2, is amended to read:
Subd. 2.
Contents of tax statements.
(a) The treasurer shall provide for the printing of
the tax statements. The commissioner of revenue shall prescribe the form of the property
tax statement and its contents. The tax statement must not state or imply that property tax
credits are paid by the state of Minnesota. The statement must contain a tabulated statement
of the dollar amount due to each taxing authority and the amount of the state tax from the
parcel of real property for which a particular tax statement is prepared. The dollar amounts
attributable to the county, the state tax, the voter approved school tax, the other local school
tax, the township or municipality, and the total of the metropolitan special taxing districts
as defined in section 275.065, subdivision 3, paragraph (i), must be separately stated. The
amounts due all other special taxing districts, if any, may be aggregated except that any
levies made by the regional rail authorities in the county of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, or Washington under chapter 398A shall be listed on a separate line directly
under the appropriate county's levy. If the county levy under this paragraph includes an
amount for a lake improvement district as defined under sections 103B.501 to 103B.581,
the amount attributable for that purpose must be separately stated from the remaining county
levy amount. In the case of Ramsey County, if the county levy under this paragraph includes
an amount for public library service under section 134.07, the amount attributable for that
purpose may be separated from the remaining county levy amount. The amount of the tax
on homesteads qualifying under the senior citizens' property tax deferral program under
chapter 290B is the total amount of property tax before subtraction of the deferred property
tax amount. The amount of the tax on contamination value imposed under sections 270.91
to 270.98, if any, must also be separately stated. The dollar amounts, including the dollar
amount of any special assessments, may be rounded to the nearest even whole dollar. For
purposes of this section whole odd-numbered dollars may be adjusted to the next higher
even-numbered dollar. deleted text begin The amount of market value excluded under section 273.11,
subdivision 16, if any, must also be listed on the tax statement.
deleted text end
(b) The property tax statements for manufactured homes and sectional structures taxed
as personal property shall contain the same information that is required on the tax statements
for real property.
(c) Real and personal property tax statements must contain the following information
in the order given in this paragraph. The information must contain the current year tax
information in the right column with the corresponding information for the previous year
in a column on the left:
(1) the property's estimated market value under section 273.11, subdivision 1;
(2) the property's homestead market value exclusion under section 273.13, subdivision
35;
(3) the property's taxable market value under section 272.03, subdivision 15;
(4) the property's gross tax, before credits;
(5) for agricultural properties, the credits under sections 273.1384 and 273.1387;
(6) any credits received under sections 273.119; 273.1234 or 273.1235; 273.135;
273.1391; 273.1398, subdivision 4; 469.171; and 473H.10, except that the amount of credit
received under section 273.135 must be separately stated and identified as "taconite tax
relief"; and
(7) the net tax payable in the manner required in paragraph (a).
(d) If the county uses envelopes for mailing property tax statements and if the county
agrees, a taxing district may include a notice with the property tax statement notifying
taxpayers when the taxing district will begin its budget deliberations for the current year,
and encouraging taxpayers to attend the hearings. If the county allows notices to be included
in the envelope containing the property tax statement, and if more than one taxing district
relative to a given property decides to include a notice with the tax statement, the county
treasurer or auditor must coordinate the process and may combine the information on a
single announcement.
Sec. 88.
Minnesota Statutes 2023 Supplement, section 289A.08, subdivision 7a, is amended
to read:
Subd. 7a.
Pass-through entity tax.
(a) For the purposes of this subdivision, the following
terms have the meanings given:
(1) "income" has the meaning given in section 290.01, subdivision 19, paragraph (i).
The income of a resident qualifying owner of a qualifying entity that is a partnership or
limited liability company taxed as a partnership under the Internal Revenue Code is not
subject to allocation outside this state as provided for resident individuals under section
290.17, subdivision 1, paragraph (a). The income of a nonresident qualifying owner of a
qualifying entity and the income of a resident qualifying owner of a qualifying entity that
is an S corporation, including a qualified subchapter S subsidiary organized under section
1361(b)(3)(B) of the Internal Revenue Code, are allocated and assigned to this state as
provided for nonresident partners and shareholders under sections 290.17, 290.191, and
290.20;
(2) "qualifying entity" means a partnership, limited liability company taxed as a
partnership or S corporation, or S corporation including a qualified subchapter S subsidiary
organized under section 1361(b)(3)(B) of the Internal Revenue Code that has at least one
qualifying owner. Qualifying entity does not include a publicly traded partnership, as defined
in section 7704 of the Internal Revenue Code; and
(3) "qualifying owner" means:
(i) a resident or nonresident individual or estate that is a partner, member, or shareholder
of a qualifying entity;
(ii) a resident or nonresident trust that is a shareholder of a qualifying entity that is an
S corporation; or
(iii) a disregarded entity that has a qualifying owner as its single owner.
(b) For taxable years beginning after December 31, 2020, a qualifying entity may elect
to file a return and pay the pass-through entity tax imposed under paragraph (c). The election:
(1) must be made on or before the due date or extended due date of the qualifying entity's
pass-through entity tax return;
(2) must exclude partners, members, shareholders, or owners who are not qualifying
owners;
(3) may only be made by qualifying owners who collectively hold more than 50 percent
of the ownership interests in the qualifying entity held by qualifying owners;
(4) is binding on all qualifying owners who have an ownership interest in the qualifying
entity; and
(5) once made is irrevocable for the taxable year.
(c) Subject to the election in paragraph (b), a pass-through entity tax is imposed on a
qualifying entity in an amount equal to the sum of the tax liability of each qualifying owner.
(d) The amount of a qualifying owner's tax liability under paragraph (c) is the amount
of the qualifying owner's income multiplied by the highest tax rate for individuals under
section 290.06, subdivision 2c. The computation of a qualifying owner's net investment
income tax liability must be computed under section 290.033. When making this
determination:
(1) nonbusiness deductions, standard deductions, or personal exemptions are not allowed;
and
(2) a credit or deduction is allowed only to the extent allowed to the qualifying owner.
(e) The amount of each credit and deduction used to determine a qualifying owner's tax
liability under paragraph (d) must also be used to determine that qualifying owner's income
tax liability under chapter 290.
(f) This subdivision does not negate the requirement that a qualifying owner pay estimated
tax if the qualifying owner's tax liability would exceed the requirements set forth in section
289A.25. The qualifying owner's liability to pay estimated tax on the qualifying owner's
tax liability as determined under paragraph (d) is, however, satisfied when the qualifying
entity pays estimated tax in the manner prescribed in section 289A.25 for composite estimated
tax.
(g) A qualifying owner's adjusted basis in the interest in the qualifying entity, and the
treatment of distributions, is determined as if the election to pay the pass-through entity tax
under paragraph (b) is not made.
(h) To the extent not inconsistent with this subdivision, for purposes of this chapter, a
pass-through entity tax return must be treated as a composite return and a qualifying entity
filing a pass-through entity tax return must be treated as a partnership filing a composite
return.
(i) The provisions of subdivision 17 apply to the election to pay the pass-through entity
tax under this subdivision.
(j) If a nonresident qualifying owner of a qualifying entity making the election to file
and pay the tax under this subdivision has no other Minnesota source income, filing of the
pass-through entity tax return is a return for purposes of subdivision 1, provided that the
nonresident qualifying owner must not have any Minnesota source income other than the
income from the qualifying entity, other electing qualifying entities, and other partnerships
electing to file a composite return under subdivision 7. If it is determined that the nonresident
qualifying owner has other Minnesota source income, the inclusion of the income and tax
liability for that owner under this provision will not constitute a return to satisfy the
requirements of subdivision 1. The tax paid for the qualifying owner as part of the
pass-through entity tax return is allowed as a payment of the tax by the qualifying owner
on the date on which the pass-through entity tax return payment was made.
(k) Once a credit is claimed by a qualifying owner under section 290.06, subdivision
40, a qualifying entity cannot receive a refund for tax paid under this subdivision for any
amounts claimed under that section by the qualifying owners. Once a credit is claimed under
section 290.06, subdivision 40, any refund must be claimed in conjunction with a return
filed by the qualifying owner.
(l) This deleted text begin sectiondeleted text end new text begin subdivisionnew text end expires at the same time and on the same terms as section
164(b)(6)(B) of the Internal Revenue Code, except that the expiration of this deleted text begin sectiondeleted text end new text begin
subdivisionnew text end does not affect the commissioner's authority to audit or power of examination
and assessments for credits claimed under this section.
Sec. 89.
Minnesota Statutes 2022, section 290.0132, subdivision 15, is amended to read:
Subd. 15.
Nonresident military service compensation.
For nonresidents of Minnesota,
compensation paid to a service member as defined in United States Code, title 10, section
101(a)(5), for military service as defined in United States Code, deleted text begin Appendix,deleted text end title 50, section
deleted text begin 511(2)deleted text end new text begin 3911(2)new text end , is a subtraction.
Sec. 90.
Minnesota Statutes 2023 Supplement, section 290.0132, subdivision 32, is amended
to read:
Subd. 32.
Delayed net operating loss deduction.
The amount of the sum of each addition
required in section 290.0131, subdivision 20, for each taxable year, except as otherwise
provided, less the sum of all amounts subtracted under this subdivision in all prior taxable
years, that does not exceed 80 percent of federal taxable income as defined in section 290.01,
subdivision 19,new text begin paragraph (b),new text end determined without regard to this subdivision, is a subtraction.
Any excess is a delayed net operating loss deduction carryforward, the entire amount of
which must be carried to the earliest taxable year. No subtraction under this subdivision is
allowed after 20 taxable years from the taxable year in which an operating loss arises. The
sum of the additions required under section 290.0131, subdivision 20, paragraph (a), are
aggregated and assigned to the taxable year immediately succeeding the taxable year in
which the operating loss arises, for purposes of determining the subtraction allowed under
this subdivision in that succeeding taxable year and the amount carried forward.
Sec. 91.
Minnesota Statutes 2023 Supplement, section 290.067, subdivision 1, is amended
to read:
Subdivision 1.
Amount of credit.
(a) A taxpayer may take as a credit against the tax
due from the taxpayer and a spouse, if any, under this chapter an amount equal to the
dependent care credit for which the taxpayer is eligible pursuant to the provisions of section
21 of the Internal Revenue Code except that in determining whether the child qualified as
a dependent, income received as a Minnesota family investment program grant or allowance
to or on behalf of the child must not be taken into account in determining whether the child
received more than half of the child's support from the taxpayer.
(b) If a child who has not attained the age of six years at the close of the taxable year is
cared for at a licensed family day care home operated by the child's parent, the taxpayer is
deemed to have paid employment-related expenses. If the child is 16 months old or younger
at the close of the taxable year, the amount of expenses deemed to have been paid equals
the maximum limit for one deleted text begin qualifieddeleted text end new text begin qualifyingnew text end individual under section 21(c) and (d) of
the Internal Revenue Code. If the child is older than 16 months of age but has not attained
the age of six years at the close of the taxable year, the amount of expenses deemed to have
been paid equals the amount the licensee would charge for the care of a child of the same
age for the same number of hours of care.
(c) If a taxpayer:
(1) has a child who has not attained the age of one year at the close of the taxable year;
and
(2) does not participate in a dependent care assistance program as defined in section 129
of the Internal Revenue Code, in lieu of the actual employment related expenses paid for
that child under paragraph (a) or the deemed amount under paragraph (b), the lesser of (i)
the earned income of the taxpayer or (ii) the amount of the maximum limit for one deleted text begin qualifieddeleted text end new text begin
qualifyingnew text end individual under section 21(c) and (d) of the Internal Revenue Code will be
deemed to be the employment related expense paid for that child. The earned income
limitation of section 21(d) of the Internal Revenue Code shall not apply to this deemed
amount. These deemed amounts apply regardless of whether any employment-related
expenses have been paid.
(d) If the taxpayer is not required and does not file a federal individual income tax return
for the tax year, no credit is allowed for any amount paid to any person unless:
(1) the name, address, and taxpayer identification number of the person are included on
the return claiming the credit; or
(2) if the person is an organization described in section 501(c)(3) of the Internal Revenue
Code and exempt from tax under section 501(a) of the Internal Revenue Code, the name
and address of the person are included on the return claiming the credit.
In the case of a failure to provide the information required under the preceding sentence,
the preceding sentence does not apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information required.
(e) In the case of a nonresidentdeleted text begin ,deleted text end new text begin ornew text end part-year resident, the credit determined under section
21 of the Internal Revenue Code must be allocated based on the ratio by which the earned
income of the claimant and the claimant's spouse from Minnesota sources bears to the total
earned income of the claimant and the claimant's spouse.
(f) For residents of Minnesota, the subtractions for military pay under section 290.0132,
subdivisions 11 and 12, are not considered "earned income not subject to tax under this
chapter."
(g) For residents of Minnesota, the exclusion of combat pay under section 112 of the
Internal Revenue Code is not considered "earned income not subject to tax under this
chapter."
(h) For taxpayers with federal adjusted gross income in excess of $52,230, the credit is
equal to the lesser of the credit otherwise calculated under this subdivision, or the amount
equal to $600 minus five percent of federal adjusted gross income in excess of $52,230 for
taxpayers with one deleted text begin qualifieddeleted text end new text begin qualifyingnew text end individual, or $1,200 minus five percent of federal
adjusted gross income in excess of $52,230 for taxpayers with two or more deleted text begin qualifieddeleted text end new text begin
qualifyingnew text end individuals, but in no case is the credit less than zero.
Sec. 92.
Minnesota Statutes 2023 Supplement, section 290A.04, subdivision 2h, is amended
to read:
Subd. 2h.
Additional refund.
(a) If the gross property taxes payable on a homestead
increase more than 12 percent over the property taxes payable in the prior year on the same
property that is owned and occupied by the same owner on January 2 of both years, and the
amount of that increase is $100 or more, a claimant who is a homeowner shall be allowed
an additional refund equal to 60 percent of the amount of the increase over the greater of
12 percent of the prior year's property taxes payable or $100. This subdivision shall not
apply to any increase in the gross property taxes payable attributable to improvements made
to the homestead after the assessment date for the prior year's taxes. deleted text begin This subdivision shall
not apply to any increase in the gross property taxes payable attributable to the termination
of valuation exclusions under section 273.11, subdivision 16.
deleted text end
The maximum refund allowed under this subdivision is $1,000.
(b) For purposes of this subdivision "gross property taxes payable" means property taxes
payable determined without regard to the refund allowed under this subdivision.
(c) In addition to the other proofs required by this chapter, each claimant under this
subdivision shall file with the property tax refund return a copy of the property tax statement
for taxes payable in the preceding year or other documents required by the commissioner.
(d) Upon request, the appropriate county official shall make available the names and
addresses of the property taxpayers who may be eligible for the additional property tax
refund under this section. The information shall be provided electronically. The county may
recover its costs by charging the person requesting the information the reasonable cost for
preparing the data. The information may not be used for any purpose other than for notifying
the homeowner of potential eligibility and assisting the homeowner, without charge, in
preparing a refund claim.
Sec. 93.
Minnesota Statutes 2022, section 297A.71, subdivision 14, is amended to read:
Subd. 14.
Mineral production facilities.
Building materials, equipment, and supplies
used for the construction of the following mineral production facilities are exempt.
The mineral production facilities that qualify for this exemption are:
(1) a value added iron products plant, which may be either a new plant or a facility
incorporated into an existing plant that produces iron upgraded to a minimum of 75 percent
iron content or any iron alloy with a total minimum metallic content of 90 percent;
(2) a facility used for the manufacture of fluxed taconite pellets as defined in section
298.24;
(3) a new capital project that has a total cost of over $40,000,000 that is directly related
to production, cost, or quality at an existing taconite facility that does not qualify under
clause (1) or (2); and
(4) a new mine or minerals processing plant for any mineral subject to the deleted text begin netdeleted text end new text begin grossnew text end
proceeds tax imposed under section 298.015.
The tax must be imposed and collected as if the rate under section 297A.62, subdivision
1, applied, and then refunded in the manner provided in section 297A.75.
Sec. 94.
Minnesota Statutes 2023 Supplement, section 297A.71, subdivision 44, is amended
to read:
Subd. 44.
Building materials, capital projects.
(a) Materials and supplies used or
consumed in and equipment incorporated into the construction or improvement of a capital
project funded partially or wholly under section 297A.9905 are exempt, provided that the
project has a total construction cost of at least $40,000,000 within a 24-month period.
(b) Materials and supplies used or consumed in and equipment incorporated into the
construction, remodeling, expansion, or improvement of an ice arena or other buildings or
facilities owned and operated by the city of Plymouth are exempt. For purposes of this
paragraph, "facilities" include municipal streets and facilities associated with streets including
but not limited to lighting, curbs and gutters, and sidewalks. The total amount of refund on
all building materials, supplies, and equipment that the city may apply for under this
paragraph is $2,500,000.
(c) The tax on purchases exempt under paragraph (a) and paragraph (b) must be imposed
and collected as if the rate under section 297A.62, subdivision 1, applied and then refunded
in the manner provided in section 297A.75. deleted text begin Notwithstanding section 289A.40, the city of
Plymouth must file for refund by December 31, 2017, for sales tax paid on all eligible
purchases under paragraph (b) made prior to December 31, 2015.
deleted text end
Sec. 95.
Minnesota Statutes 2022, section 297A.75, subdivision 1, is amended to read:
Subdivision 1.
Tax collected.
The tax on the gross receipts from the sale of the following
exempt items must be imposed and collected as if the sale were taxable and the rate under
section 297A.62, subdivision 1, applied. The exempt items include:
(1) building materials for an agricultural processing facility exempt under section
297A.71, subdivision 13;
(2) building materials for mineral production facilities exempt under section 297A.71,
subdivision 14;
(3) building materials for correctional facilities under section 297A.71, subdivision 3;
(4) building materials used in a residence for veterans with a disability exempt under
section 297A.71, subdivision 11;
(5) elevators and building materials exempt under section 297A.71, subdivision 12;
(6) materials and supplies for qualified low-income housing under section 297A.71,
subdivision 23;
(7) materials, supplies, and equipment for municipal electric utility facilities under
section 297A.71, subdivision 35;
(8) equipment and materials used for the generation, transmission, and distribution of
electrical energy and an aerial camera package exempt under section 297A.68, subdivision
37;
(9) commuter rail vehicle and repair parts under section 297A.70, subdivision 3, paragraph
(a), clause (10);
(10) materials, supplies, and equipment for construction or improvement of projects and
facilities under section 297A.71, subdivision 40;
deleted text begin
(11) materials, supplies, and equipment for construction, improvement, or expansion of
a biopharmaceutical manufacturing facility exempt under section 297A.71, subdivision 45;
deleted text end
deleted text begin (12)deleted text end new text begin (11)new text end enterprise information technology equipment and computer software for use
in a qualified data center exempt under section 297A.68, subdivision 42;
deleted text begin (13)deleted text end new text begin (12)new text end materials, supplies, and equipment for qualifying capital projects under section
297A.71, subdivision 44, paragraph (a), clause (1), and paragraph (b);
deleted text begin (14)deleted text end new text begin (13)new text end items purchased for use in providing critical access dental services exempt
under section 297A.70, subdivision 7, paragraph (c);
deleted text begin (15)deleted text end new text begin (14)new text end items and services purchased under a business subsidy agreement for use or
consumption primarily in greater Minnesota exempt under section 297A.68, subdivision
44;
deleted text begin (16)deleted text end new text begin (15)new text end building materials, equipment, and supplies for constructing or replacing real
property exempt under section 297A.71, subdivisions 49; 50, paragraph (b); and 51;
deleted text begin (17)deleted text end new text begin (16)new text end building materials, equipment, and supplies for qualifying capital projects
under section 297A.71, subdivision 52; and
deleted text begin (18)deleted text end new text begin (17)new text end building materials, equipment, and supplies for constructing, remodeling,
expanding, or improving a fire station, police station, or related facilities exempt under
section 297A.71, subdivision 53.
Sec. 96.
Minnesota Statutes 2022, section 297A.75, subdivision 2, is amended to read:
Subd. 2.
Refund; eligible persons.
Upon application on forms prescribed by the
commissioner, a refund equal to the tax paid on the gross receipts of the exempt items must
be paid to the applicant. Only the following persons may apply for the refund:
(1) for subdivision 1, clauses (1), (2), and deleted text begin (14)deleted text end new text begin (13)new text end , the applicant must be the purchaser;
(2) for subdivision 1, clause (3), the applicant must be the governmental subdivision;
(3) for subdivision 1, clause (4), the applicant must be the recipient of the benefits
provided in United States Code, title 38, chapter 21;
(4) for subdivision 1, clause (5), the applicant must be the owner of the homestead
property;
(5) for subdivision 1, clause (6), the owner of the qualified low-income housing project;
(6) for subdivision 1, clause (7), the applicant must be a municipal electric utility or a
joint venture of municipal electric utilities;
(7) for subdivision 1, clauses (8), (11), deleted text begin (12),deleted text end and deleted text begin (15)deleted text end new text begin (14)new text end , the owner of the qualifying
business;
(8) for subdivision 1, clauses (9), (10), deleted text begin (13), (17)deleted text end new text begin (12), (16)new text end , and deleted text begin (18)deleted text end new text begin (17)new text end , the applicant
must be the governmental entity that owns or contracts for the project or facility; and
(9) for subdivision 1, clause deleted text begin (16)deleted text end new text begin (15)new text end , the applicant must be the owner or developer of
the building or project.
Sec. 97.
Minnesota Statutes 2022, section 297A.75, subdivision 3, is amended to read:
Subd. 3.
Application.
(a) The application must include sufficient information to permit
the commissioner to verify the tax paid. If the tax was paid by a contractor, subcontractor,
or builder, under subdivision 1, clauses (3) to deleted text begin (13)deleted text end new text begin (12)new text end or deleted text begin (15) to (18)deleted text end new text begin (14) to (17)new text end , the
contractor, subcontractor, or builder must furnish to the refund applicant a statement including
the cost of the exempt items and the taxes paid on the items unless otherwise specifically
provided by this subdivision. The provisions of sections 289A.40 and 289A.50 apply to
refunds under this section.
(b) An applicant may not file more than two applications per calendar year for refunds
for taxes paid on capital equipment exempt under section 297A.68, subdivision 5.
Sec. 98.
Minnesota Statutes 2023 Supplement, section 299C.10, subdivision 1, is amended
to read:
Subdivision 1.
Required fingerprinting.
(a) Sheriffs, peace officers, and community
corrections agencies operating secure juvenile detention facilities shall take or cause to be
taken immediately fingerprints and thumbprints, photographs, distinctive physical mark
identification data, information on any known aliases or street names, and other identification
data requested or required by the superintendent of the bureau, of the following:
(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, gross
misdemeanor, or targeted misdemeanor;
(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent for,
or alleged to have committed felonies or gross misdemeanors as distinguished from those
committed by adult offenders;
(3) adults and juveniles admitted to jails or detention facilities;
(4) persons reasonably believed by the arresting officer to be fugitives from justice;
(5) persons in whose possession, when arrested, are found concealed firearms or other
dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines,
or appliances usable for an unlawful purpose and reasonably believed by the arresting officer
to be intended for such purposes;
(6) juveniles referred by a law enforcement agency to a diversion program for a felony
or gross misdemeanor offense; and
(7) persons currently involved in the criminal justice process, on probation, on parole,
or in custody for any offense whom the superintendent of the bureau identifies as being the
subject of a court disposition record which cannot be linked to an arrest record, and whose
fingerprints are necessary to reduce the number of suspense files, or to comply with the
mandates of section 299C.111, relating to the reduction of the number of suspense files.
This duty to obtain fingerprints for the offenses in suspense at the request of the bureau
shall include the requirement that fingerprints be taken in post-arrest interviews, while
making court appearances, while in custody, or while on any form of probation, diversion,
or supervised release.
(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
of taking the fingerprints and data, the fingerprint records and other identification data
specified under paragraph (a) must be electronically entered into a bureau-managed
searchable database in a manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a person
described in paragraph (a). Law enforcement may take fingerprints of an individual who is
presently on probation.
(d) Fingerprints and thumbprints must be obtained no later than:
(1) release from booking; or
(2) if not booked prior to acceptance of a plea of guilty or not guilty.
Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the taking
of prints can be completed. Upon notice and motion of the prosecuting attorney, this time
period may be extended upon a showing that additional time in custody is essential for the
successful taking of prints.
(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation of
section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 609.224
(fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with privacy),
609.748 (harassment or restraining order violation), deleted text begin 609.749deleted text end new text begin 609.79new text end (obscene or harassing
telephone calls), 617.23 (indecent exposure), or 629.75 (domestic abuse no contact order).
Sec. 99.
Minnesota Statutes 2022, section 299K.09, subdivision 1, is amended to read:
Subdivision 1.
Fees.
The commission shall adopt rules setting the following fees:
(1) a material safety data sheet fee to be paid by a facility when it submits material safety
data sheets in lieu of a hazardous chemical report form as required under section 11021 of
the federal act;
(2) a fee to be paidnew text begin annuallynew text end by a facility when the owner or operator submits its
emergency and hazardous chemical inventory form, required under section 11022 of the
federal actdeleted text begin , for calendar year 1990 and annually afterwardsdeleted text end ; and
(3) a late fee to be paid by a facility that fails to pay a fee under clause (1) or (2) in a
timely manner, not to exceed 200 percent of the original fee.
Sec. 100.
Minnesota Statutes 2022, section 326B.164, subdivision 5, is amended to read:
Subd. 5.
Registered unlicensed elevator constructor.
(a) An unlicensed individual
shall not perform elevator work, unless the individual has first registered with the department
as an unlicensed elevator constructor. Except as allowed by subdivision deleted text begin 12deleted text end new text begin 13new text end , a registered
unlicensed elevator constructor shall not perform elevator work unless the work is performed
under the direct supervision of an individual actually licensed to perform such work. The
licensed elevator constructor and the registered unlicensed elevator constructor must be
employed by the same employer. Unlicensed individuals shall not supervise the performance
of elevator work or make assignments of elevator work to unlicensed individuals. Licensed
elevator constructors shall provide direct supervision for no more than two registered
unlicensed elevator constructors.
(b) Notwithstanding any other provision of this section, no individual other than a master
elevator constructor or limited master elevator constructor shall plan or lay out elevator
wiring, apparatus, or equipment.
(c) Contractors employing registered unlicensed elevator constructors performing elevator
work shall maintain records establishing compliance with this subdivision that shall identify
all unlicensed individuals performing elevator work and shall permit the department to
examine and copy all such records.
(d) When a licensed elevator constructor supervises the elevator work of an unlicensed
individual, the licensed elevator constructor is responsible for ensuring that the elevator
work complies with this section and the Minnesota Elevator Code.
(e) A registered unlicensed elevator constructor with a minimum of one year experience
may perform the following maintenance tasks for elevator equipment without being provided
with direct supervision: oiling, cleaning, greasing, painting, relamping, and replacing of
escalator and moving walk comb teeth.
Sec. 101.
Minnesota Statutes 2023 Supplement, section 326B.164, subdivision 13, is
amended to read:
Subd. 13.
Exemption from licensing.
(a) Employees of a licensed elevator contractor
or licensed limited elevator contractor are not required to hold or obtain a license under this
section or be provided with direct supervision by a licensed master elevator constructor,
licensed limited master elevator constructor, licensed elevator constructor, or licensed limited
elevator constructor to install, maintain, or repair platform lifts and stairway chairlifts.
Unlicensed employees performing elevator work under this exemption must comply with
subdivision deleted text begin 5deleted text end new text begin 6new text end . This exemption does not include the installation, maintenance, repair, or
replacement of electrical wiring for elevator equipment.
(b) Contractors or individuals shall not be required to hold or obtain a license under this
section when performing work on:
(1) conveyors, excluding vertical reciprocating conveyors;
(2) platform lifts not covered under section 326B.163, subdivision 5a; or
(3) dock levelers.
Sec. 102.
Minnesota Statutes 2022, section 353.6511, subdivision 5, is amended to read:
Subd. 5.
Surviving dependent child benefit.
A surviving dependent child under section
353.01, subdivision deleted text begin 15adeleted text end new text begin 15new text end , of a deceased member described in subdivision 1 is entitled to
a surviving child benefit equal to eight units.
Sec. 103.
Minnesota Statutes 2022, section 353.6512, subdivision 5, is amended to read:
Subd. 5.
Surviving dependent child benefit.
A surviving dependent child under section
353.01, subdivision deleted text begin 15adeleted text end new text begin 15new text end , of a deceased member described in subdivision 1 is entitled to
a surviving child benefit equal to eight units.
Sec. 104.
Minnesota Statutes 2022, section 462.357, subdivision 7, is amended to read:
Subd. 7.
Permitted single family use.
A state licensed residential facility deleted text begin or a housing
with services establishment registered under chapter 144Ddeleted text end new text begin , including an assisted living
facility under chapter 144G,new text end serving six or fewer persons, a licensed day care facility serving
12 or fewer persons, and a group family day care facility licensed under Minnesota Rules,
parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted
single family residential use of property for the purposes of zoning, except that a residential
facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in
violation of criminal statutes relating to sex offenses shall not be considered a permitted
use.
Sec. 105.
Minnesota Statutes 2022, section 504B.178, subdivision 2, is amended to read:
Subd. 2.
Interest.
Any deposit of money shall not be considered received in a fiduciary
capacity within the meaning of section 82.55, subdivision 26, but shall be held by the
landlord for the tenant who is party to the agreement and shall bear simple noncompounded
interest at the rate of deleted text begin three percent per annum until August 1, 2003, anddeleted text end one percent per
annum deleted text begin thereafterdeleted text end , computed from the first day of the next month following the full payment
of the deposit to the last day of the month in which the landlord, in good faith, complies
with the requirements of subdivision 3 or to the date upon which judgment is entered in any
civil action involving the landlord's liability for the deposit, whichever date is earlier. Any
interest amount less than $1 shall be excluded from the provisions of this section.
Sec. 106.
Minnesota Statutes 2023 Supplement, section 609.185, is amended to read:
609.185 MURDER IN THE FIRST DEGREE.
(a) Whoever does any of the following is guilty of murder in the first degree and shall
be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation and with intent to effect the
death of the person or of another;
(2) causes the death of a human being while committing or attempting to commit criminal
sexual conduct in the first or second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect the death of the person or
another, while committing or attempting to commit burglary, aggravated robbery, carjacking
in the first or second degree, kidnapping, arson in the first or second degree, a drive-by
shooting, tampering with a witness in the first degree, escape from custody, or any felony
violation of chapter 152 involving the unlawful sale of a controlled substance;
(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
at a Minnesota state or local correctional facility, with intent to effect the death of that person
or another, while the person is engaged in the performance of official duties;
(5) causes the death of a minor while committing child abuse, when the perpetrator has
engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life;
(6) causes the death of a human being while committing domestic abuse, when the
perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
family or household member and the death occurs under circumstances manifesting an
extreme indifference to human life; or
(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life.
(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
given in section 609.221, deleted text begin subdivision 2deleted text end deleted text begin , paragraph (c), clause (4)deleted text end new text begin subdivision 6, clause (4)new text end .
(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
609.221, deleted text begin subdivision 2deleted text end deleted text begin , paragraph (c), clause (5)deleted text end new text begin subdivision 6, clause (5)new text end .
(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
against a minor victim that constitutes a violation of the following laws of this state or any
similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.
(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:
(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and
(2) is committed against the victim who is a family or household member as defined in
section 518B.01, subdivision 2, paragraph (b).
(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
in section 609.714, subdivision 1.
Sec. 107.
Minnesota Statutes 2022, section 609.2231, subdivision 3, is amended to read:
Subd. 3.
Correctional employees; prosecuting attorneys; judges; probation
officers.
Whoever commits either of the following acts against an employee of a correctional
facility as defined in section 241.021, deleted text begin subdivision 1deleted text end deleted text begin , paragraph (f)deleted text end new text begin subdivision 1inew text end , against
a prosecuting attorney as defined in section 609.221, deleted text begin subdivision 2deleted text end deleted text begin , paragraph (c), clause
(4)deleted text end new text begin subdivision 6, clause (4)new text end , against a judge as defined in section 609.221, deleted text begin subdivision 2deleted text end deleted text begin ,
paragraph (c), clause (5)deleted text end new text begin subdivision 6, clause (5)new text end , or against a probation officer or other
qualified person employed in supervising offenders while the person is engaged in the
performance of a duty imposed by law, policy, or rule 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 $4,000, or both:
(1) assaults the person and inflicts demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.
Sec. 108.
Minnesota Statutes 2022, section 609.596, subdivision 3, is amended to read:
Subd. 3.
Definitions.
As used in this section:
(1) "arson dog" means a dog that has been certified as an arson dog by a state fire or
police agency or by an independent testing laboratory;
(2) "correctional facility" has the meaning given in section 241.021, deleted text begin subdivision 1deleted text end deleted text begin ,
paragraph (f)deleted text end new text begin subdivision 1inew text end ;
(3) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c); and
(4) "search and rescue dog" means a dog that is trained to locate lost or missing persons,
victims of natural or other disasters, and human bodies.
Sec. 109.
Minnesota Statutes 2022, section 609.748, subdivision 1, is amended to read:
Subdivision 1.
Definition.
For the purposes of this section, the following terms have
the meanings given them in this subdivision.
(a) "Harassment" includes:
(1) a single incident of physical or sexual assault, a single incident of harassment under
section 609.749, subdivision 2, new text begin paragraph (c), new text end clause (8), a single incident of nonconsensual
dissemination of private sexual images under section 617.261, or repeated incidents of
intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are
intended to have a substantial adverse effect on the safety, security, or privacy of another,
regardless of the relationship between the actor and the intended target;
(2) targeted residential picketing; and
(3) a pattern of attending public events after being notified that the actor's presence at
the event is harassing to another.
(b) "Respondent" includes any adults or juveniles alleged to have engaged in harassment
or organizations alleged to have sponsored or promoted harassment.
(c) "Targeted residential picketing" includes the following acts when committed on more
than one occasion:
(1) marching, standing, or patrolling by one or more persons directed solely at a particular
residential building in a manner that adversely affects the safety, security, or privacy of an
occupant of the building; or
(2) marching, standing, or patrolling by one or more persons which prevents an occupant
of a residential building from gaining access to or exiting from the property on which the
residential building is located.
Sec. 110.
Minnesota Statutes 2023 Supplement, section 624.7178, subdivision 4, is amended
to read:
Subd. 4.
Liability protection for mental health professionals.
A mental health
professional who provides notice to the sheriff under section deleted text begin 626.7171deleted text end new text begin 624.7171new text end , subdivision
5, is immune from monetary liability and no cause of action, or disciplinary action by the
person's licensing board may arise against the mental health professional for disclosure of
confidences to the sheriff, for failure to disclose confidences to the sheriff, or for erroneous
disclosure of confidences to the sheriff in a good faith effort to warn against or take
precautions against a client's violent behavior or threat of suicide.
Sec. 111.
Laws 2023, chapter 41, article 1, section 2, subdivision 49, is amended to read:
Subd. 49.North Star Promise
|
-0- |
117,226,000 |
||||
$117,226,000 the second year is transferred
from the general fund to the account in the
special revenue fund under Minnesota
Statutes, section 136A.1465, subdivision deleted text begin 6deleted text end new text begin 8new text end .
The base for the transfer is $49,500,000 in
fiscal year 2026 and thereafter.
Sec. 112.
Laws 2023, chapter 57, article 1, section 4, subdivision 2, is amended to read:
Sec. 113.
Laws 2023, chapter 70, article 15, section 10, subdivision 4, is amended to read:
Subd. 4.
Integrated services for children and families.
(a) Any amount appropriated
for this subdivision is to stabilize and update legacy information technology systems,
modernize systems, and develop a plan for the future of information technology systems
for the programs that serve children and families. Outcomes to be achieved include:
(1) reducing unscheduled downtime on Social Services Information System by at least
20 percent;
(2) completing the transition of automated child support systems from mainframe
technology to a web-based environment;
(3) making information received regarding an individual's eligibility for benefits easier
to understand;
(4) enhancing the child support participant portal to provide additional options for
uploading and updating information, making payments, exchanging data securely, and
providing other features requested by users of the portal; and
(5) other outcomes identified by the commissioner under subdivision 2, paragraph (b).
(b) The commissioner must contract with an independent consultant to perform a thorough
evaluation of the SSIS, which supports the child protection system in Minnesota. The
consultant must make recommendations for improving the current system for usability,
system performance, and federal Comprehensive Child Welfare Information System
compliance and must address technical problems and identify any unnecessary or unduly
burdensome data entry requirements that have contributed to system capacity issues. The
consultant must assist the commissioner with selecting a platform for future development
of an information technology system for child protection.
(c) The commissioner of human services must conduct a study and develop
recommendations to streamline and reduce SSIS data entry requirements for child protection
cases. The study must be completed in partnership with local social services agencies and
others, as determined by the commissioner. The study must review all input fields required
on current reporting forms and determine which input fields and information are required
under state or federal law. By June 30, 2024, the commissioner must provide a status report
and an implementation timeline to the chairs and ranking minority members of the legislative
committees with jurisdiction over child protection. The status report must include information
about procedures for soliciting ongoing user input from stakeholders, progress on solicitation
and hiring of a consultant to conduct the system evaluation required under paragraph deleted text begin (a)deleted text end new text begin
(b)new text end , and a report on the progress and completed efforts to streamline data entry requirements
and improve user experience.
Sec. 114.
Laws 2023, chapter 70, article 15, section 12, is amended to read:
Sec. 12. EFFECTIVE DATE CHANGES.
(a) The effective date for 2023 S.F. No. 2934, article 3, section deleted text begin 5deleted text end new text begin 3new text end , if enacted during
the 2023 regular legislative session, is January 1, 2024, or upon federal approval, whichever
occurs later, except that paragraph (a), clause (6), is effective the day following final
enactment. The commissioner of human services shall notify the revisor of statutes when
federal approval is obtained. This paragraph prevails over any contrary effective date for
2023 S.F. No. 2934, article 3, section deleted text begin 5deleted text end new text begin 3new text end , enacted during the 2023 regular legislative session,
regardless of order of enactment.
(b) The effective date for 2023 S.F. No. 2934, article 5, section 10, if enacted during the
2023 regular legislative session, is the day following final enactment, except for paragraph
(p), which is effective retroactive to June 30, 2022. This paragraph prevails over any contrary
effective date for 2023 S.F. No. 2934, article 5, section 10, enacted during the 2023 regular
legislative session, regardless of order of enactment.
(c) The effective date for 2023 S.F. No. 2934, article 5, section 11, if enacted during the
2023 regular legislative session, is the day following final enactment, except for paragraph
(g), which is effective retroactive to June 30, 2022. This paragraph prevails over any contrary
effective date for 2023 S.F. No. 2934, article 5, section 11, enacted during the 2023 regular
legislative session, regardless of order of enactment.
Sec. 115. new text begin REPEALER.
new text end
new text begin Subdivision 1. new text end
new text begin Conflict resolution. new text end
new text begin
Laws 2023, chapter 53, article 11, section 31,
new text end
new text begin
is
repealed.
new text end
new text begin Subd. 2. new text end
new text begin Conflict resolution. new text end
new text begin
Laws 2023, chapter 55, article 1, section 2,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 3. new text end
new text begin Conflict resolution. new text end
new text begin
Laws 2023, chapter 55, article 7, section 6,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 4. new text end
new text begin Conflict resolution. new text end
new text begin
Laws 2023, chapter 16, section 36,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 5. new text end
new text begin Conflict resolution. new text end
new text begin
Laws 2023, chapter 57, article 2, section 39,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 6. new text end
new text begin Conflict resolution. new text end
new text begin
Laws 2023, chapter 60, article 7, section 8,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 7. new text end
new text begin Obsolete subdivision. new text end
new text begin
Minnesota Statutes 2022, section 13.6435, subdivision
8,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 8. new text end
new text begin Obsolete provisions. new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, section 273.11, subdivision
16,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, section 16A.727,
new text end
new text begin
is repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Statutes 2022, section 297A.71, subdivision 45,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 9. new text end
new text begin Conflict resolution. new text end
new text begin
Laws 2023, chapter 63, article 7, section 3,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 10. new text end
new text begin Conflict resolution. new text end
new text begin
Laws 2023, chapter 63, article 7, section 1,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 11. new text end
new text begin Expired report. new text end
new text begin
Minnesota Statutes 2022, section 256.021, subdivision 3,
new text end
new text begin
is
repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivisions 9 and 10 are effective March 1, 2025.
new text end
Sec. 116. new text begin SUPERSEDING ACTS.
new text end
new text begin
Any amendments or repeals enacted in the 2024 session of the legislature to sections
also amended or repealed in this act supersede the amendments or repeals in this act,
regardless of order of enactment.
new text end
APPENDIX
Repealed Minnesota Statutes: H4483-1
13.6435 AGRICULTURAL DATA CODED ELSEWHERE.
Subd. 8.
Dairy products.
Financial and production information obtained by the commissioner of agriculture to administer chapter 32D are classified under section 32D.25, subdivision 2.
16A.727 BACKUP REVENUES; FOOTBALL STADIUM FUNDING.
(a) If the commissioner of management and budget determines that the amount of revenues under section 297E.021, subdivision 2, for the next fiscal year, plus $20,000,000, will be less than the amounts specified in section 297E.021, subdivision 3, clause (1), items (i) to (iii), for that fiscal year, the commissioner may implement the revenue options authorized in Laws 2012, chapter 299, article 6; provided that this section does not constitute a pledge of tax revenues as security for the payment of principal and interest on appropriation bonds issued under section 16A.965. If the commissioner determines to exercise the authority under this section for a fiscal year, the commissioner must implement the revenue options, as necessary, in the following order:
(1) a sports-themed lottery game under section 349A.20; and
(2) a tax on suites as provided under section 473J.14.
(b) Revenue raised under the authority granted by this section must be deposited in the general fund.
(c) If the commissioner determines to implement one or more of the revenue options authorized by this section, each subsequent year the commissioner must determine if the revenue is needed and will be imposed and collected for the next fiscal year. If the commissioner determines that one or more revenue options implemented for a fiscal year are not needed for a subsequent fiscal year, the commissioner must terminate them in the reverse order they were required to be implemented by paragraph (a) with the last option implemented terminated first and so forth.
(d) Before implementing a revenue source authorized under this section, the commissioner must report the intent to do so to the Legislative Commission on Planning and Fiscal Policy. The commissioner must inform the commission of determinations to continue or discontinue each revenue source for a subsequent fiscal year.
(e) The provisions of this section no longer apply after the Minnesota Sports Facilities Authority certifies to the commissioner that it has determined that the revenues of the general fund under section 297A.994, the increased revenues under chapter 297E, and other available resources of the authority provide adequate financial security for the state and the authority.
256.021 VULNERABLE ADULT MALTREATMENT REVIEW PANEL.
Subd. 3.
Report.
(a) By January 15 of each year, the panel shall submit a report to the committees of the legislature with jurisdiction over section 626.557 regarding the number of requests for review it receives under this section, the number of cases where the panel requires the lead investigative agency to reconsider its final disposition, and the number of cases where the final disposition is changed, and any recommendations to improve the review or investigative process.
(b) This subdivision expires January 1, 2024.
273.11 VALUATION OF PROPERTY.
Subd. 16.
Valuation exclusion for certain improvements.
(a) Improvements to homestead property made before January 2, 2003, shall be fully or partially excluded from the value of the property for assessment purposes provided that (1) the house is at least 45 years old at the time of the improvement and (2) the assessor's estimated market value of the house on January 2 of the current year is equal to or less than $400,000.
(b) For purposes of determining this eligibility, "house" means land and buildings.
(c) The age of a residence is the number of years since the original year of its construction. In the case of a residence that is relocated, the relocation must be from a location within the state and the only improvements eligible for exclusion under this subdivision are (1) those for which building permits were issued to the homeowner after the residence was relocated to its present site, and (2) those undertaken during or after the year the residence is initially occupied by the homeowner, excluding any market value increase relating to basic improvements that are necessary to install the residence on its foundation and connect it to utilities at its present site. In the case of an owner-occupied duplex or triplex, the improvement is eligible regardless of which portion of the property was improved.
(d) If the property lies in a jurisdiction which is subject to a building permit process, a building permit must have been issued prior to commencement of the improvement. The improvements for a single project or in any one year must add at least $5,000 to the value of the property to be eligible for exclusion under this subdivision. Only improvements to the structure which is the residence of the qualifying homesteader or construction of or improvements to no more than one two-car garage per residence qualify for the provisions of this subdivision. If an improvement was begun between January 2, 1992, and January 2, 1993, any value added from that improvement for the January 1994 and subsequent assessments shall qualify for exclusion under this subdivision provided that a building permit was obtained for the improvement between January 2, 1992, and January 2, 1993. Whenever a building permit is issued for property currently classified as homestead, the issuing jurisdiction shall notify the property owner of the possibility of valuation exclusion under this subdivision. The assessor shall require an application, including documentation of the age of the house from the owner, if unknown by the assessor. The application may be filed subsequent to the date of the building permit provided that the application must be filed within three years of the date the building permit was issued for the improvement. If the property lies in a jurisdiction which is not subject to a building permit process, the application must be filed within three years of the date the improvement was made. The assessor may require proof from the taxpayer of the date the improvement was made. Applications must be received prior to July 1 of any year in order to be effective for taxes payable in the following year.
No exclusion for an improvement may be granted by a local board of review or county board of equalization, and no abatement of the taxes for qualifying improvements may be granted by the county board unless (1) a building permit was issued prior to the commencement of the improvement if the jurisdiction requires a building permit, and (2) an application was completed.
(e) The assessor shall note the qualifying value of each improvement on the property's record, and the sum of those amounts shall be subtracted from the value of the property in each year for ten years after the improvement has been made. After ten years the amount of the qualifying value shall be added back as follows:
(1) 50 percent in the two subsequent assessment years if the qualifying value is equal to or less than $10,000 market value; or
(2) 20 percent in the five subsequent assessment years if the qualifying value is greater than $10,000 market value.
(f) If an application is filed after the first assessment date at which an improvement could have been subject to the valuation exclusion under this subdivision, the ten-year period during which the value is subject to exclusion is reduced by the number of years that have elapsed since the property would have qualified initially. The valuation exclusion shall terminate whenever (1) the property is sold, or (2) the property is reclassified to a class which does not qualify for treatment under this subdivision. Improvements made by an occupant who is the purchaser of the property under a conditional purchase contract do not qualify under this subdivision unless the seller of the property is a governmental entity. The qualifying value of the property shall be computed based upon the increase from that structure's market value as of January 2 preceding the acquisition of the property by the governmental entity.
(g) The total qualifying value for a homestead may not exceed $50,000. The total qualifying value for a homestead with a house that is less than 70 years old may not exceed $25,000. The term "qualifying value" means the increase in estimated market value resulting from the improvement if the improvement occurs when the house is at least 70 years old, or one-half of the increase in estimated market value resulting from the improvement otherwise. The $25,000 and $50,000 maximum qualifying value under this subdivision may result from multiple improvements to the homestead.
(h) If 50 percent or more of the square footage of a structure is voluntarily razed or removed, the valuation increase attributable to any subsequent improvements to the remaining structure does not qualify for the exclusion under this subdivision. If a structure is unintentionally or accidentally destroyed by a natural disaster, the property is eligible for an exclusion under this subdivision provided that the structure was not completely destroyed. The qualifying value on property destroyed by a natural disaster shall be computed based upon the increase from that structure's market value as determined on January 2 of the year in which the disaster occurred. A property receiving benefits under the homestead disaster provisions under sections 273.1231 to 273.1235 is not disqualified from receiving an exclusion under this subdivision. If any combination of improvements made to a structure after January 1, 1993, increases the size of the structure by 100 percent or more, the valuation increase attributable to the portion of the improvement that causes the structure's size to exceed 100 percent does not qualify for exclusion under this subdivision.
297A.71 CONSTRUCTION EXEMPTIONS.
Subd. 45.
Biopharmaceutical manufacturing facility.
(a) Materials and supplies used or consumed in, capital equipment incorporated into, and privately owned infrastructure in support of the construction, improvement, or expansion of a biopharmaceutical manufacturing facility in the state are exempt if the commissioner of employment and economic development certifies to the commissioner of revenue that the following criteria are met:
(1) the facility is used for the manufacturing of biologics;
(2) the total capital investment made at the facility exceeds $50,000,000; and
(3) the facility creates and maintains at least 190 full-time equivalent positions at the facility. These positions must be new jobs in Minnesota and not the result of relocating jobs that currently exist in Minnesota.
(b) The tax must be imposed and collected as if the rate under section 297A.62 applied, and refunded in the manner provided in section 297A.75.
(c) To be eligible for a refund, the owner of the biopharmaceutical manufacturing facility must:
(1) initially apply to the commissioner of employment and economic development for certification no later than one year from the final completion date of construction, improvement, or expansion of the facility; and
(2) for each year that the owner of the biopharmaceutical manufacturing facility applies for a refund, the commissioner of revenue must have received written certification from the commissioner of employment and economic development that the facility has met the criteria of paragraph (a).
(d) The refund is to be paid annually at a rate of 25 percent of the total allowable refund payable to date, with the commissioner making annual payments of the remaining refund until all of the refund has been paid.
(e) For purposes of this subdivision, "biopharmaceutical" and "biologics" are interchangeable and mean medical drugs or medicinal preparations produced using technology that uses biological systems, living organisms, or derivatives of living organisms to make or modify products or processes for specific use. The medical drugs or medicinal preparations include but are not limited to proteins, antibodies, nucleic acids, and vaccines.
Repealed Minnesota Session Laws: H4483-1
Laws 2023, chapter 16, section 36 by Laws 2024, chapter 85, section 115
Subdivision 1.
Conflict resolution.
Laws 2023, chapter 53, article 11, section 31, is repealed.
Subd. 2.
Conflict resolution.
Laws 2023, chapter 55, article 1, section 2, is repealed.
Subd. 3.
Conflict resolution.
Laws 2023, chapter 55, article 7, section 6, is repealed.
Subd. 4.
Conflict resolution.
Laws 2023, chapter 16, section 36, is repealed.
Subd. 5.
Conflict resolution.
Laws 2023, chapter 57, article 2, section 39, is repealed.
Subd. 6.
Conflict resolution.
Laws 2023, chapter 60, article 7, section 8, is repealed.
Subd. 7.
Obsolete subdivision.
Minnesota Statutes 2022, section 13.6435, subdivision 8, is repealed.
Subd. 8.
Obsolete provisions.
(a) Minnesota Statutes 2022, section 273.11, subdivision 16, is repealed.
(b) Minnesota Statutes 2022, section 16A.727, is repealed.
(c) Minnesota Statutes 2022, section 297A.71, subdivision 45, is repealed.
Subd. 9.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 3, is repealed.
Subd. 10.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 1, is repealed.
Subd. 11.
Expired report.
Minnesota Statutes 2022, section 256.021, subdivision 3, is repealed.
Laws 2023, chapter 53, article 11, section 31 by Laws 2024, chapter 85, section 115
Sec. 31.
Minnesota Statutes 2022, section 181.9413, is amended to read:
181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.
(a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets.
(b) An employee may use sick leave as allowed under this section for safety leave, whether or not the employee's employer allows use of sick leave for that purpose for such reasonable periods of time as may be necessary. Safety leave may be used for assistance to the employee or assistance to the relatives described in paragraph (a). For the purpose of this section, "safety leave" is leave for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or harassment or stalking. For the purpose of this paragraph:
(1) "domestic abuse" has the meaning given in section 518B.01;
(2) "sexual assault" means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352; and
(3) "harass" and "stalking" have the meanings given in section 609.749.
(c) An employer may limit the use of safety leave as described in paragraph (b) or personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to no less than 160 hours in any 12-month period. This paragraph does not apply to absences due to the illness or injury of a child, as defined in section 181.940, subdivision 4.
(d) For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits.
(e) For the purpose of this section, "child" includes a stepchild and a biological, adopted, and foster child.
(f) For the purpose of this section, "grandchild" includes a step-grandchild, and a biological, adopted, and foster grandchild.
(g) This section does not prevent an employer from providing greater sick leave benefits than are provided for under this section.
(h) An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining a leave of absence under this section.
EFFECTIVE DATE.
This section is effective July 1, 2023.
Laws 2023, chapter 55, article 1, section 2 by Laws 2024, chapter 85, section 115
Sec. 2.
[121A.224] OPIATE ANTAGONISTS.
(a) A school district or charter school must maintain a supply of opiate antagonists, as defined in section 604A.04, subdivision 1, at each school site to be administered in compliance with section 151.37, subdivision 12.
(b) Each school building must have two doses of nasal naloxone available on-site.
(c) The commissioner of health shall identify resources, including at least one training video to help schools implement an opiate antagonist emergency response and make the resources available for schools.
(d) A school board may adopt a model plan for use, storage, and administration of opiate antagonists.
EFFECTIVE DATE.
This section is effective July 1, 2023.
Laws 2023, chapter 55, article 7, section 6 by Laws 2024, chapter 85, section 115
Subdivision 1.
Conflict resolution.
Laws 2023, chapter 53, article 11, section 31, is repealed.
Subd. 2.
Conflict resolution.
Laws 2023, chapter 55, article 1, section 2, is repealed.
Subd. 3.
Conflict resolution.
Laws 2023, chapter 55, article 7, section 6, is repealed.
Subd. 4.
Conflict resolution.
Laws 2023, chapter 16, section 36, is repealed.
Subd. 5.
Conflict resolution.
Laws 2023, chapter 57, article 2, section 39, is repealed.
Subd. 6.
Conflict resolution.
Laws 2023, chapter 60, article 7, section 8, is repealed.
Subd. 7.
Obsolete subdivision.
Minnesota Statutes 2022, section 13.6435, subdivision 8, is repealed.
Subd. 8.
Obsolete provisions.
(a) Minnesota Statutes 2022, section 273.11, subdivision 16, is repealed.
(b) Minnesota Statutes 2022, section 16A.727, is repealed.
(c) Minnesota Statutes 2022, section 297A.71, subdivision 45, is repealed.
Subd. 9.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 3, is repealed.
Subd. 10.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 1, is repealed.
Subd. 11.
Expired report.
Minnesota Statutes 2022, section 256.021, subdivision 3, is repealed.
Laws 2023, chapter 57, article 2, section 39 by Laws 2024, chapter 85, section 115
Subdivision 1.
Conflict resolution.
Laws 2023, chapter 53, article 11, section 31, is repealed.
Subd. 2.
Conflict resolution.
Laws 2023, chapter 55, article 1, section 2, is repealed.
Subd. 3.
Conflict resolution.
Laws 2023, chapter 55, article 7, section 6, is repealed.
Subd. 4.
Conflict resolution.
Laws 2023, chapter 16, section 36, is repealed.
Subd. 5.
Conflict resolution.
Laws 2023, chapter 57, article 2, section 39, is repealed.
Subd. 6.
Conflict resolution.
Laws 2023, chapter 60, article 7, section 8, is repealed.
Subd. 7.
Obsolete subdivision.
Minnesota Statutes 2022, section 13.6435, subdivision 8, is repealed.
Subd. 8.
Obsolete provisions.
(a) Minnesota Statutes 2022, section 273.11, subdivision 16, is repealed.
(b) Minnesota Statutes 2022, section 16A.727, is repealed.
(c) Minnesota Statutes 2022, section 297A.71, subdivision 45, is repealed.
Subd. 9.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 3, is repealed.
Subd. 10.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 1, is repealed.
Subd. 11.
Expired report.
Minnesota Statutes 2022, section 256.021, subdivision 3, is repealed.
Laws 2023, chapter 60, article 7, section 8 by Laws 2024, chapter 85, section 115
Subdivision 1.
Conflict resolution.
Laws 2023, chapter 53, article 11, section 31, is repealed.
Subd. 2.
Conflict resolution.
Laws 2023, chapter 55, article 1, section 2, is repealed.
Subd. 3.
Conflict resolution.
Laws 2023, chapter 55, article 7, section 6, is repealed.
Subd. 4.
Conflict resolution.
Laws 2023, chapter 16, section 36, is repealed.
Subd. 5.
Conflict resolution.
Laws 2023, chapter 57, article 2, section 39, is repealed.
Subd. 6.
Conflict resolution.
Laws 2023, chapter 60, article 7, section 8, is repealed.
Subd. 7.
Obsolete subdivision.
Minnesota Statutes 2022, section 13.6435, subdivision 8, is repealed.
Subd. 8.
Obsolete provisions.
(a) Minnesota Statutes 2022, section 273.11, subdivision 16, is repealed.
(b) Minnesota Statutes 2022, section 16A.727, is repealed.
(c) Minnesota Statutes 2022, section 297A.71, subdivision 45, is repealed.
Subd. 9.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 3, is repealed.
Subd. 10.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 1, is repealed.
Subd. 11.
Expired report.
Minnesota Statutes 2022, section 256.021, subdivision 3, is repealed.
Laws 2023, chapter 63, article 7, section 1 by Laws 2024, chapter 85, section 115
Subdivision 1.
Conflict resolution.
Laws 2023, chapter 53, article 11, section 31, is repealed.
Subd. 2.
Conflict resolution.
Laws 2023, chapter 55, article 1, section 2, is repealed.
Subd. 3.
Conflict resolution.
Laws 2023, chapter 55, article 7, section 6, is repealed.
Subd. 4.
Conflict resolution.
Laws 2023, chapter 16, section 36, is repealed.
Subd. 5.
Conflict resolution.
Laws 2023, chapter 57, article 2, section 39, is repealed.
Subd. 6.
Conflict resolution.
Laws 2023, chapter 60, article 7, section 8, is repealed.
Subd. 7.
Obsolete subdivision.
Minnesota Statutes 2022, section 13.6435, subdivision 8, is repealed.
Subd. 8.
Obsolete provisions.
(a) Minnesota Statutes 2022, section 273.11, subdivision 16, is repealed.
(b) Minnesota Statutes 2022, section 16A.727, is repealed.
(c) Minnesota Statutes 2022, section 297A.71, subdivision 45, is repealed.
Subd. 9.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 3, is repealed.
Subd. 10.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 1, is repealed.
Subd. 11.
Expired report.
Minnesota Statutes 2022, section 256.021, subdivision 3, is repealed.
Laws 2023, chapter 63, article 7, section 3 by Laws 2024, chapter 85, section 115
Subdivision 1.
Conflict resolution.
Laws 2023, chapter 53, article 11, section 31, is repealed.
Subd. 2.
Conflict resolution.
Laws 2023, chapter 55, article 1, section 2, is repealed.
Subd. 3.
Conflict resolution.
Laws 2023, chapter 55, article 7, section 6, is repealed.
Subd. 4.
Conflict resolution.
Laws 2023, chapter 16, section 36, is repealed.
Subd. 5.
Conflict resolution.
Laws 2023, chapter 57, article 2, section 39, is repealed.
Subd. 6.
Conflict resolution.
Laws 2023, chapter 60, article 7, section 8, is repealed.
Subd. 7.
Obsolete subdivision.
Minnesota Statutes 2022, section 13.6435, subdivision 8, is repealed.
Subd. 8.
Obsolete provisions.
(a) Minnesota Statutes 2022, section 273.11, subdivision 16, is repealed.
(b) Minnesota Statutes 2022, section 16A.727, is repealed.
(c) Minnesota Statutes 2022, section 297A.71, subdivision 45, is repealed.
Subd. 9.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 3, is repealed.
Subd. 10.
Conflict resolution.
Laws 2023, chapter 63, article 7, section 1, is repealed.
Subd. 11.
Expired report.
Minnesota Statutes 2022, section 256.021, subdivision 3, is repealed.