SF 1218

1st Unofficial Engrossment - 89th Legislature (2015 - 2016) Posted on 05/06/2015 01:30pm

1.1A bill for an act

1.2relating to legislative enactments; correcting erroneous, ambiguous, and omitted
1.3text and obsolete references; removing redundant, conflicting, and superseded
1.4provisions; making miscellaneous corrections to laws, statutes, and rules;
1.5amending Minnesota Statutes 2014, sections 5.25, subdivision 5; 13.321,
1.6subdivision 2a, by adding a subdivision; 13.3806, subdivision 1b; 13.381,
1.7subdivision 14a; 13.461, subdivisions 3, 7a; 13.602, subdivision 2; 13.681,
1.8by adding a subdivision; 13.72, subdivision 12; 13.871, subdivision 6, by
1.9adding a subdivision; 16A.126, subdivision 1; 16C.137, subdivision 2; 16D.04,
1.10subdivision 1; 81A.04, subdivision 1; 82.67, subdivision 3; 82.72, subdivision
1.113; 116D.04, subdivision 2a; 116L.146; 119A.50, subdivision 3; 120A.41;
1.12122A.23, subdivision 2; 122A.414, subdivision 2; 122A.61, subdivision 1;
1.13124D.10, subdivision 4; 124D.20, subdivision 8; 124D.861, subdivision 3;
1.14125A.79, subdivisions 4, 8; 127A.441; 127A.49, subdivisions 2, 3; 144.0724,
1.15subdivision 4; 144.227, subdivision 1; 144A.10, subdivision 16; 161.3209,
1.16subdivision 3; 168A.03, subdivision 1; 169.781, subdivisions 1, 2; 174.12,
1.17subdivision 8; 241.332, subdivision 2; 241.335, subdivision 2; 241.336,
1.18subdivision 3; 244.05, subdivision 5; 245.466, subdivision 3a; 245.4871,
1.19subdivision 13; 245.4874, subdivision 1; 245.4877; 245.493, subdivisions 1,
1.201a, 2; 245A.191; 245A.192, subdivision 11; 245A.50, subdivision 4; 245C.03,
1.21subdivision 2; 245C.22, subdivision 5; 245D.061, subdivision 1; 253B.07,
1.22subdivision 7; 254B.05, subdivision 5; 256.01, subdivision 14b; 256.969,
1.23subdivisions 8, 23; 256B.0654, subdivision 2b; 256B.199; 256B.76, subdivision
1.244; 256J.14; 256J.21, subdivision 2; 256J.61; 260B.185, subdivision 1; 268.046,
1.25subdivision 1; 297A.68, subdivision 2; 297E.02, subdivision 6; 299C.61,
1.26subdivision 4; 299F.01, subdivision 2; 299L.02, subdivision 5; 299L.07,
1.27subdivision 5; 322C.0102, subdivision 6; 325D.40, subdivision 2; 325E.028,
1.28subdivision 4; 326B.04, subdivision 2; 403.09, subdivision 3; 412.014; 466A.01,
1.29subdivision 6; 471.87; 473.604, subdivision 3; 477A.011, subdivisions 30, 30a,
1.3042; 477A.013, subdivisions 8, 9; 477A.015; 477A.03, subdivisions 2a, 2c;
1.31477A.12, subdivisions 1, 2; 477A.16, subdivisions 1, 2; 477A.19, subdivisions
1.324, 5; 480A.09, subdivision 2; 500.215, subdivision 1; 518B.01, subdivision 4;
1.33572A.02, subdivisions 2, 3; 609.106, subdivision 2; 609.19, subdivision 1;
1.34609.223, subdivision 2; 609.266; 609.531, subdivision 1; 626.556, subdivision
1.353c; 626.8463, subdivision 1; 626.8555; 629.725; Laws 2013, chapter 143, article
1.368, section 40; proposing coding for new law in Minnesota Statutes, chapter
1.37609B; repealing Minnesota Statutes 2014, sections 13.381, subdivision 17;
1.3813.46, subdivision 13; 13.681, subdivision 7; 126C.01, subdivision 9; 239.001;
1.39256B.0625, subdivision 50; 273.111, subdivision 9a; 469.1816; Laws 2014,
2.1chapter 228, article 1, section 2; Laws 2014, chapter 291, article 10, section 4;
2.2article 11, sections 15; 16; 21; Laws 2014, chapter 312, article 25, section 11;
2.3article 28, section 1; Minnesota Rules, parts 4900.3401; 8710.3000, subpart 5;
2.48710.3200, subpart 6; 8710.3310, subpart 5; 8710.3320, subpart 5; 8710.3330,
2.5subpart 5; 8710.3340, subpart 5; 8710.4000, subpart 5; 8710.4050, subpart 5;
2.68710.4200, subpart 5; 8710.4250, subpart 5; 8710.4300, subpart 5; 8710.4310,
2.7subpart 5; 8710.4320, subpart 5; 8710.4400, subpart 5; 8710.4450, subpart 5;
2.88710.4500, subpart 5; 8710.4550, subpart 5; 8710.4600, subpart 5; 8710.4650,
2.9subpart 5; 8710.4700, subpart 5; 8710.4750, subpart 9; 8710.4800, subpart 5;
2.108710.4850, subpart 5; 8710.4900, subpart 5; 8710.4950, subpart 9.
2.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.12ARTICLE 1

2.13MISCELLANEOUS

2.14    Section 1. Minnesota Statutes 2014, section 5.25, subdivision 5, is amended to read:
2.15    Subd. 5. Service on dissolved, withdrawn, or revoked business entity. (a)
2.16Process, notice, or demand may be served on a dissolved, withdrawn, or revoked business
2.17entity that was governed by chapter 302A, 303, 317A, 321, 322B, or 323 323A as
2.18provided in this subdivision. The court shall determine if service is proper.
2.19(b) If a business entity has voluntarily dissolved or has withdrawn its request for
2.20authority to transact business in this state, or a court has entered a decree of dissolution or
2.21revocation of authority to do business, service must be made according to subdivision 3
2.22or 4, so long as claims are not barred under the provisions of the chapter that governed
2.23the business entity.
2.24(c) If a business entity has been involuntarily dissolved or its authority to transact
2.25business in this state has been revoked, service must be made according to subdivision 3
2.26or 4.

2.27    Sec. 2. Minnesota Statutes 2014, section 13.602, subdivision 2, is amended to read:
2.28    Subd. 2. State auditor data. (a) Public accountants. Data sharing between the
2.29state auditor and public accountants is governed by section 6.69, subdivision 1.
2.30(b) Audit data. Data relating to an audit under chapter 6 are classified under
2.31section 6.715.
2.32(c) Local records. Data sharing between the state auditor and legislative auditor of
2.33information collected from local governments is governed by section 6.74.

2.34    Sec. 3. Minnesota Statutes 2014, section 13.72, subdivision 12, is amended to read:
2.35    Subd. 12. Transportation Department data. When the commissioner of
2.36transportation determines that the design-build best-value method of project delivery is
3.1appropriate for a project under sections 161.3410 to 161.3428 161.3426, relocation reports,
3.2planimetric files, digital terrain models, preliminary design drawings, commissioner's
3.3orders, requests for proposals, and requests for qualifications are classified as protected
3.4nonpublic data with regard to data not on individuals and confidential data on individuals
3.5until the department publishes the data as part of the request for proposal process.
3.6The commissioner may release design-build data to land owners, counties, cities, and
3.7other parties under contract to a government entity as necessary to facilitate project
3.8development. The released data retain their classification as protected nonpublic data
3.9with regard to data not on individuals and confidential data on individuals as provided
3.10by section 13.03, subdivision 4, paragraph (c), until the department publishes the data as
3.11part of the request for proposal process.

3.12    Sec. 4. Minnesota Statutes 2014, section 13.871, subdivision 6, is amended to read:
3.13    Subd. 6. Training; investigation; apprehension; reports. (a) Reports of gunshot
3.14wounds. Disclosure of the name of a person making a report under section 626.52,
3.15subdivision 2 , is governed by section 626.53.
3.16(b) Child abuse report records. Data contained in child abuse report records are
3.17classified under section 626.556.
3.18(c) Interstate data exchange. Disclosure of child abuse reports to agencies of
3.19another state is classified under section 626.556, subdivision 10g.
3.20(d) Release to family court services. Release of child abuse data to a court services
3.21agency is authorized under section 626.556, subdivision 10h.
3.22(e) Release of data to mandated reporters. Release of child abuse data to mandated
3.23reporters who have an ongoing responsibility for the health, education, or welfare of a
3.24child affected by the data is authorized under section 626.556, subdivision 10j.
3.25(f) Release of child abuse assessment or investigative records to other counties.
3.26Release of child abuse investigative records to local welfare agencies is authorized under
3.27section 626.556, subdivision 10k.
3.28(g) Classifying and sharing records and reports of child abuse. The classification
3.29of child abuse data and the sharing of records and reports of child abuse by and between
3.30local welfare agencies and law enforcement agencies are governed under section 626.556,
3.31subdivision 11 .
3.32(h) Disclosure of information not required in certain cases. Disclosure of certain
3.33data obtained from interviewing a minor is governed by section 626.556, subdivision 11a.
4.1(i) Data received from law enforcement. Classifying child abuse data received
4.2by certain agencies from law enforcement agencies is governed under section 626.556,
4.3subdivision 11b .
4.4(j) Disclosure in child fatality cases. Disclosure of information relating to a child
4.5fatality is governed under section 626.556, subdivision 11d.
4.6(k) Reports of prenatal exposure to controlled substances. Data on persons
4.7making reports under section 626.5561 are classified under section 626.5561, subdivision 3.
4.8(l) Vulnerable adult report records. Data contained in vulnerable adult report
4.9records are classified under section 626.557, subdivision 12b.
4.10(m) Adult protection team information sharing. Sharing of local welfare agency
4.11vulnerable adult data with a protection team is governed by section 626.5571, subdivision 3.
4.12(n) Child protection team. Data acquired by a case consultation committee or
4.13subcommittee of a child protection team are classified by section 626.558, subdivision 3.
4.14(o) Child maltreatment reports peer review panel. Sharing data of cases reviewed
4.15by the panel is governed under section 626.5593, subdivision 2.
4.16(p) (o) Peace officer discipline procedures. Access by an officer under investigation
4.17to the investigating agency's investigative report on the officer is governed by section
4.18626.89, subdivision 6 .
4.19(q) (p) Racial profiling study data. Racial profiling study data is governed by
4.20Minnesota Statutes 2006, section 626.951.

4.21    Sec. 5. Minnesota Statutes 2014, section 16A.126, subdivision 1, is amended to read:
4.22    Subdivision 1. Set rates. The commissioner shall approve the rates an agency
4.23must pay to a revolving fund for services. Funds subject to this subdivision include, but
4.24are not limited to, the revolving funds established in sections 14.46; 14.53; 16B.2975,
4.25subdivision 3 4; 16B.48; 16B.54; 16B.58; 16B.85; 16E.14; 43A.55; and 176.591; and the
4.26fund established in section 43A.30.

4.27    Sec. 6. Minnesota Statutes 2014, section 16C.137, subdivision 2, is amended to read:
4.28    Subd. 2. Report. (a) The commissioner of administration, in collaboration with
4.29the commissioners of the Pollution Control Agency, the Departments of Agriculture,
4.30Commerce, Natural Resources, and Transportation, and other state departments, must
4.31evaluate the goals and directives established in this section and report their findings
4.32to the governor and the appropriate committees of the legislature by February 1 of
4.33each odd-numbered year. In the report, the committee commissioner must make
4.34recommendations for new or adjusted goals, directives, or legislative initiatives, in light of
5.1the progress the state has made implementing this section and the availability of new or
5.2improved technologies.
5.3(b) The Department of Administration shall implement a fleet reporting and
5.4information management system. Each department will use this management system to
5.5demonstrate its progress in complying with this section.

5.6    Sec. 7. Minnesota Statutes 2014, section 16D.04, subdivision 1, is amended to read:
5.7    Subdivision 1. Duties. The commissioner shall provide services to the state
5.8and referring agencies to collect debts referred for collection under this chapter. The
5.9commissioner is not a collection agency as defined by section 332.31, subdivision 3, and
5.10is not licensed, bonded, or regulated by the commissioner of commerce under sections
5.11332.31 to 332.35 or 332.38 to 332.44. The commissioner is subject to section 332.37,
5.12except clause (9), (10), (12), or (19). Debts referred to the commissioner for collection
5.13under section 256.9792 may in turn be referred by the commissioner to the enterprise.
5.14An audited financial statement may not be required as a condition of debt placement with
5.15a private agency if the private agency: (1) has errors and omissions coverage under a
5.16professional liability policy in an amount of at least $1,000,000; or (2) has a fidelity bond
5.17to cover actions of its employees, in an amount of at least $100,000. In cases of debts
5.18referred under section 256.9792, the provisions of this chapter and section 256.9792 apply
5.19to the extent they are not in conflict. If they are in conflict, the provisions of section
5.20256.9792 control. For purposes of this chapter, the referring agency for such debts remains
5.21the Department of Human Services.

5.22    Sec. 8. Minnesota Statutes 2014, section 81A.04, subdivision 1, is amended to read:
5.23    Subdivision 1. General requirement. Except as otherwise provided in subdivision
5.242, an individual may not act as an athlete agent in this state without holding a certificate of
5.25registration under section 81A.06 or 81A.08.

5.26    Sec. 9. Minnesota Statutes 2014, section 82.67, subdivision 3, is amended to read:
5.27    Subd. 3. Agency disclosure form. The agency disclosure form shall be in
5.28substantially the form set forth below:

5.29AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS

5.30Minnesota law requires that early in any relationship, real estate brokers or salespersons
5.31discuss with consumers what type of agency representation or relationship they desire.(1)
5.32The available options are listed below. This is not a contract. This is an agency
5.33disclosure form only. If you desire representation, you must enter into a written
6.1contract according to state law (a listing contract or a buyer representation contract).
6.2Until such time as you choose to enter into a written contract for representation, you
6.3will be treated as a customer and will not receive any representation from the broker or
6.4salesperson. The broker or salesperson will be acting as a Facilitator (see paragraph V IV
6.5below), unless the broker or salesperson is representing another party as described below.
6.6ACKNOWLEDGMENT: I/We acknowledge that I/We have been presented with the
6.7below-described options. I/We understand that until I/We have signed a representation
6.8contract, I/We are not represented by the broker/salesperson. I/We understand that written
6.9consent is required for a dual agency relationship. THIS IS A DISCLOSURE ONLY, NOT
6.10A CONTRACT FOR REPRESENTATION.

6.11	.....		.....
6.12	Signature		Date
6.13	.....		.....
6.14	Signature		Date

6.15I.
6.16Seller's Broker: A broker who lists a property, or a salesperson who is licensed to
6.17the listing broker, represents the Seller and acts on behalf of the Seller. A Seller's
6.18broker owes to the Seller the fiduciary duties described below.(2) The broker
6.19must also disclose to the Buyer material facts as defined in Minnesota Statutes,
6.20section 82.68, subdivision 3, of which the broker is aware that could adversely and
6.21significantly affect the Buyer's use or enjoyment of the property. If a broker or
6.22salesperson working with a Buyer as a customer is representing the Seller, he or she
6.23must act in the Seller's best interest and must tell the Seller any information disclosed
6.24to him or her, except confidential information acquired in a facilitator relationship
6.25(see paragraph V IV below). In that case, the Buyer will not be represented and will
6.26not receive advice and counsel from the broker or salesperson.
6.27II.
6.28Buyer's Broker: A Buyer may enter into an agreement for the broker or salesperson
6.29to represent and act on behalf of the Buyer. The broker may represent the Buyer
6.30only, and not the Seller, even if he or she is being paid in whole or in part by the
6.31Seller. A Buyer's broker owes to the Buyer the fiduciary duties described below.(2)
6.32The broker must disclose to the Buyer material facts as defined in Minnesota
6.33Statutes, section 82.68, subdivision 3, of which the broker is aware that could
6.34adversely and significantly affect the Buyer's use or enjoyment of the property. If
6.35a broker or salesperson working with a Seller as a customer is representing the
6.36Buyer, he or she must act in the Buyer's best interest and must tell the Buyer any
7.1information disclosed to him or her, except confidential information acquired in a
7.2facilitator relationship (see paragraph V IV below). In that case, the Seller will not be
7.3represented and will not receive advice and counsel from the broker or salesperson.
7.4III.
7.5Dual Agency-Broker Representing both Seller and Buyer: Dual agency occurs
7.6when one broker or salesperson represents both parties to a transaction, or when two
7.7salespersons licensed to the same broker each represent a party to the transaction.
7.8Dual agency requires the informed consent of all parties, and means that the broker
7.9and salesperson owe the same duties to the Seller and the Buyer. This role limits the
7.10level of representation the broker and salespersons can provide, and prohibits them
7.11from acting exclusively for either party. In a dual agency, confidential information
7.12about price, terms, and motivation for pursuing a transaction will be kept confidential
7.13unless one party instructs the broker or salesperson in writing to disclose specific
7.14information about him or her. Other information will be shared. Dual agents may
7.15not advocate for one party to the detriment of the other.(3)
7.16Within the limitations described above, dual agents owe to both Seller and Buyer the
7.17fiduciary duties described below.(2) Dual agents must disclose to Buyers material
7.18facts as defined in Minnesota Statutes, section 82.68, subdivision 3, of which the
7.19broker is aware that could adversely and significantly affect the Buyer's use or
7.20enjoyment of the property.
7.21IV.
7.22Facilitator: A broker or salesperson who performs services for a Buyer, a Seller, or
7.23both but does not represent either in a fiduciary capacity as a Buyer's Broker, Seller's
7.24Broker, or Dual Agent. THE FACILITATOR BROKER OR SALESPERSON
7.25DOES NOT OWE ANY PARTY ANY OF THE FIDUCIARY DUTIES LISTED
7.26BELOW, EXCEPT CONFIDENTIALITY, UNLESS THOSE DUTIES ARE
7.27INCLUDED IN A WRITTEN FACILITATOR SERVICES AGREEMENT. The
7.28facilitator broker or salesperson owes the duty of confidentiality to the party but
7.29owes no other duty to the party except those duties required by law or contained in
7.30a written facilitator services agreement, if any. In the event a facilitator broker or
7.31salesperson, working with a Buyer, shows a property listed by the facilitator broker
7.32or salesperson, then the facilitator broker or salesperson must act as a Seller's Broker
7.33(see paragraph I above). In the event a facilitator broker or salesperson, working
7.34with a Seller, accepts a showing of the property by a Buyer being represented by the
7.35facilitator broker or salesperson, then the facilitator broker or salesperson must act
7.36as a Buyer's Broker (see paragraph III above).
* * * 8.1
8.2(1) This disclosure is required by law in any transaction involving property occupied
8.3or intended to be occupied by one to four families as their residence.
8.4(2) The fiduciary duties mentioned above are listed below and have the following
8.5meanings:
8.6Loyalty-broker/salesperson will act only in client(s)' best interest.
8.7Obedience-broker/salesperson will carry out all client(s)' lawful instructions.
8.8Disclosure-broker/salesperson will disclose to client(s) all material facts of which
8.9broker/salesperson has knowledge which might reasonably affect the client's use and
8.10enjoyment of the property.
8.11Confidentiality-broker/salesperson will keep client(s)' confidences unless required
8.12by law to disclose specific information (such as disclosure of material facts to Buyers).
8.13Reasonable Care-broker/salesperson will use reasonable care in performing duties as
8.14an agent.
8.15Accounting-broker/salesperson will account to client(s) for all client(s)' money
8.16and property received as agent.
8.17(3) If Seller(s) elect(s) not to agree to a dual agency relationship, Seller(s) may give
8.18up the opportunity to sell the property to Buyers represented by the broker/salesperson.
8.19If Buyer(s) elect(s) not to agree to a dual agency relationship, Buyer(s) may give up the
8.20opportunity to purchase properties listed by the broker.

8.21    Sec. 10. Minnesota Statutes 2014, section 82.72, subdivision 3, is amended to read:
8.22    Subd. 3. Retention. A licensed real estate broker shall retain for six years copies
8.23of all listings, buyer representation and facilitator services contracts, deposit receipts,
8.24purchase money contracts, canceled checks, trust account records, and such other
8.25documents as may reasonably be related to carrying on a real estate brokerage business.
8.26The retention period shall run from the date of the closing of the transaction, or from
8.27the date of the closing document if the transaction is not consummated. The following
8.28documents need not be retained:
8.29(1) agency disclosure forms provided to prospective buyers or sellers, where no
8.30contractual relationship is subsequently created and no services are provided by the
8.31licensee; and
8.32(2) facilitator services contracts or buyer representation contracts entered into with
8.33prospective buyers, where the prospective buyer abandons the contractual relationship
8.34before any services have been provided by the licensee.

9.1    Sec. 11. Minnesota Statutes 2014, section 116D.04, subdivision 2a, is amended to read:
9.2    Subd. 2a. When prepared. Where there is potential for significant environmental
9.3effects resulting from any major governmental action, the action shall be preceded by a
9.4detailed environmental impact statement prepared by the responsible governmental unit.
9.5The environmental impact statement shall be an analytical rather than an encyclopedic
9.6document which describes the proposed action in detail, analyzes its significant
9.7environmental impacts, discusses appropriate alternatives to the proposed action and
9.8their impacts, and explores methods by which adverse environmental impacts of an
9.9action could be mitigated. The environmental impact statement shall also analyze those
9.10economic, employment, and sociological effects that cannot be avoided should the action
9.11be implemented. To ensure its use in the decision-making process, the environmental
9.12impact statement shall be prepared as early as practical in the formulation of an action.
9.13    (a) The board shall by rule establish categories of actions for which environmental
9.14impact statements and for which environmental assessment worksheets shall be prepared
9.15as well as categories of actions for which no environmental review is required under this
9.16section. A mandatory environmental assessment worksheet shall not be required for the
9.17expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
9.18(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
9.19biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
9.20of the expanded or converted facility to produce alcohol fuel, but must be required if
9.21the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
9.22of actions for which environmental assessment worksheets must be prepared. The
9.23responsible governmental unit for an ethanol plant or biobutanol facility project for which
9.24an environmental assessment worksheet is prepared shall be the state agency with the
9.25greatest responsibility for supervising or approving the project as a whole.
9.26A mandatory environmental impact statement shall not be required for a facility
9.27or plant located outside the seven-county metropolitan area that produces less than
9.28125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
9.29than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
9.30defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
9.31in section 41A.105, subdivision 1a, clause (1); or a cellulosic biofuel facility, as defined in
9.32section 41A.10, subdivision 1, paragraph (d). A facility or plant that only uses a cellulosic
9.33feedstock to produce chemical products for use by another facility as a feedstock shall not
9.34be considered a fuel conversion facility as used in rules adopted under this chapter.
9.35    (b) The responsible governmental unit shall promptly publish notice of the
9.36completion of an environmental assessment worksheet by publishing the notice in at least
10.1one newspaper of general circulation in the geographic area where the project is proposed,
10.2by posting the notice on a Web site that has been designated as the official publication site
10.3for publication of proceedings, public notices, and summaries of a political subdivision in
10.4which the project is proposed, or in any other manner determined by the board and shall
10.5provide copies of the environmental assessment worksheet to the board and its member
10.6agencies. Comments on the need for an environmental impact statement may be submitted
10.7to the responsible governmental unit during a 30-day period following publication of the
10.8notice that an environmental assessment worksheet has been completed. The responsible
10.9governmental unit's decision on the need for an environmental impact statement shall be
10.10based on the environmental assessment worksheet and the comments received during the
10.11comment period, and shall be made within 15 days after the close of the comment period.
10.12The board's chair may extend the 15-day period by not more than 15 additional days upon
10.13the request of the responsible governmental unit.
10.14    (c) An environmental assessment worksheet shall also be prepared for a proposed
10.15action whenever material evidence accompanying a petition by not less than 100
10.16individuals who reside or own property in the state, submitted before the proposed
10.17project has received final approval by the appropriate governmental units, demonstrates
10.18that, because of the nature or location of a proposed action, there may be potential for
10.19significant environmental effects. Petitions requesting the preparation of an environmental
10.20assessment worksheet shall be submitted to the board. The chair of the board shall
10.21determine the appropriate responsible governmental unit and forward the petition to it.
10.22A decision on the need for an environmental assessment worksheet shall be made by
10.23the responsible governmental unit within 15 days after the petition is received by the
10.24responsible governmental unit. The board's chair may extend the 15-day period by not
10.25more than 15 additional days upon request of the responsible governmental unit.
10.26    (d) Except in an environmentally sensitive location where Minnesota Rules, part
10.274410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
10.28review under this chapter and rules of the board, if:
10.29    (1) the proposed action is:
10.30    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
10.31    (ii) an expansion of an existing animal feedlot facility with a total cumulative
10.32capacity of less than 1,000 animal units;
10.33    (2) the application for the animal feedlot facility includes a written commitment by
10.34the proposer to design, construct, and operate the facility in full compliance with Pollution
10.35Control Agency feedlot rules; and
11.1    (3) the county board holds a public meeting for citizen input at least ten business
11.2days prior to the Pollution Control Agency or county issuing a feedlot permit for the
11.3animal feedlot facility unless another public meeting for citizen input has been held with
11.4regard to the feedlot facility to be permitted. The exemption in this paragraph is in
11.5addition to other exemptions provided under other law and rules of the board.
11.6    (e) The board may, prior to final approval of a proposed project, require preparation
11.7of an environmental assessment worksheet by a responsible governmental unit selected
11.8by the board for any action where environmental review under this section has not been
11.9specifically provided for by rule or otherwise initiated.
11.10    (f) An early and open process shall be utilized to limit the scope of the environmental
11.11impact statement to a discussion of those impacts, which, because of the nature or location
11.12of the project, have the potential for significant environmental effects. The same process
11.13shall be utilized to determine the form, content and level of detail of the statement as well
11.14as the alternatives which are appropriate for consideration in the statement. In addition,
11.15the permits which will be required for the proposed action shall be identified during the
11.16scoping process. Further, the process shall identify those permits for which information
11.17will be developed concurrently with the environmental impact statement. The board
11.18shall provide in its rules for the expeditious completion of the scoping process. The
11.19determinations reached in the process shall be incorporated into the order requiring the
11.20preparation of an environmental impact statement.
11.21    (g) The responsible governmental unit shall, to the extent practicable, avoid
11.22duplication and ensure coordination between state and federal environmental review
11.23and between environmental review and environmental permitting. Whenever practical,
11.24information needed by a governmental unit for making final decisions on permits
11.25or other actions required for a proposed project shall be developed in conjunction
11.26with the preparation of an environmental impact statement. When an environmental
11.27impact statement is prepared for a project requiring multiple permits for which two or
11.28more agencies' decision processes include either mandatory or discretionary hearings
11.29before a hearing officer prior to the agencies' decision on the permit, the agencies
11.30may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
11.31consolidated hearing process if requested by the proposer. All agencies having jurisdiction
11.32over a permit that is included in the consolidated hearing shall participate. The responsible
11.33governmental unit shall establish appropriate procedures for the consolidated hearing
11.34process, including procedures to ensure that the consolidated hearing process is consistent
11.35with the applicable requirements for each permit regarding the rights and duties of parties to
11.36the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
12.1    (h) An environmental impact statement shall be prepared and its adequacy
12.2determined within 280 days after notice of its preparation unless the time is extended by
12.3consent of the parties or by the governor for good cause. The responsible governmental
12.4unit shall determine the adequacy of an environmental impact statement, unless within 60
12.5days after notice is published that an environmental impact statement will be prepared,
12.6the board chooses to determine the adequacy of an environmental impact statement. If an
12.7environmental impact statement is found to be inadequate, the responsible governmental
12.8unit shall have 60 days to prepare an adequate environmental impact statement.
12.9    (i) The proposer of a specific action may include in the information submitted to the
12.10responsible governmental unit a preliminary draft environmental impact statement under
12.11this section on that action for review, modification, and determination of completeness and
12.12adequacy by the responsible governmental unit. A preliminary draft environmental impact
12.13statement prepared by the project proposer and submitted to the responsible governmental
12.14unit shall identify or include as an appendix all studies and other sources of information
12.15used to substantiate the analysis contained in the preliminary draft environmental impact
12.16statement. The responsible governmental unit shall require additional studies, if needed,
12.17and obtain from the project proposer all additional studies and information necessary for
12.18the responsible governmental unit to perform its responsibility to review, modify, and
12.19determine the completeness and adequacy of the environmental impact statement.

12.20    Sec. 12. Minnesota Statutes 2014, section 116L.146, is amended to read:
12.21116L.146 EXPEDITED GRANT PROCESS.
12.22(a) The board may authorize grants not to exceed $50,000 each through an expedited
12.23grant approval process to:
12.24(1) eligible employers to provide training programs for up to 50 workers; or
12.25(2) a public or private institution of higher education to:
12.26(i) do predevelopment or curriculum development for training programs prior to
12.27submission for program funding under section 116L.12;
12.28(ii) (i) convert an existing curriculum for distance learning through interactive
12.29television or other communication methods; or
12.30(iii) (ii) enable a training program to be offered when it would otherwise be canceled
12.31due to an enrollment shortfall of one or two students when the program is offered in a
12.32health-related field with a documented worker shortage and is part of a training program
12.33not exceeding two years in length.
12.34(b) The board shall develop application procedures and evaluation policies for
12.35grants made under this section.

13.1    Sec. 13. Minnesota Statutes 2014, section 119A.50, subdivision 3, is amended to read:
13.2    Subd. 3. Early childhood literacy programs. (a) A research-based early childhood
13.3literacy program premised on actively involved parents, ongoing professional staff
13.4development, and high quality early literacy program standards is established to increase
13.5the literacy skills of children participating in Head Start to prepare them to be successful
13.6readers and to increase families' participation in providing early literacy experiences to
13.7their children. Program providers must:
13.8    (1) work to prepare children to be successful learners;
13.9    (2) work to close the achievement gap for at-risk children;
13.10    (3) use a culturally relevant integrated approach to early literacy that daily offers
13.11a literacy-rich classroom learning environment composed of books, writing materials,
13.12writing centers, labels, rhyming, and other related literacy materials and opportunities;
13.13    (4) support children's home language while helping the children master English and
13.14use multiple literacy strategies to provide a cultural bridge between home and school;
13.15    (5) use literacy mentors, ongoing literacy groups, and other teachers and staff to
13.16provide appropriate, extensive professional development opportunities in early literacy
13.17and classroom strategies for preschool teachers and other preschool staff;
13.18    (6) use ongoing data-based assessments that enable preschool teachers to understand,
13.19plan, and implement literacy strategies, activities, and curriculum that meet children's
13.20literacy needs and continuously improve children's literacy;
13.21    (7) foster participation by parents, community stakeholders, literacy advisors, and
13.22evaluation specialists; and
13.23    (8) provide parents of English learners with oral and written information to monitor
13.24the program's impact on their children's English language development, to know whether
13.25their children are progressing in developing their English proficiency and, where
13.26practicable, their native language proficiency, and to actively engage with their children in
13.27developing their English and native language proficiency.
13.28Program providers are encouraged to collaborate with qualified, community-based
13.29early childhood providers in implementing this program and to seek nonstate funds to
13.30supplement the program.
13.31    (b) Program providers under paragraph (a) interested in extending literacy programs
13.32to children in kindergarten through grade 3 may elect to form a partnership with an
13.33eligible organization under section 124D.38, subdivision 2, or 124D.42, subdivision
13.346, clause (3) 8, schools enrolling children in kindergarten through grade 3, and other
13.35interested and qualified community-based entities to provide ongoing literacy programs
13.36that offer seamless literacy instruction focused on closing the literacy achievement gap.
14.1To close the literacy achievement gap by the end of third grade, partnership members must
14.2agree to use best efforts and practices and to work collaboratively to implement a seamless
14.3literacy model from age three to grade 3, consistent with paragraph (a). Literacy programs
14.4under this paragraph must collect and use literacy data to:
14.5    (1) evaluate children's literacy skills;
14.6    (2) monitor the progress and provide reading instruction appropriate to the specific
14.7needs of English learners; and
14.8    (3) formulate specific intervention strategies to provide reading instruction to
14.9children premised on the outcomes of formative and summative assessments and
14.10research-based indicators of literacy development.
14.11    The literacy programs under this paragraph also must train teachers and other
14.12providers working with children to use the assessment outcomes under clause (2) (3) to
14.13develop and use effective, long-term literacy coaching models that are specific to the
14.14program providers.

14.15    Sec. 14. Minnesota Statutes 2014, section 120A.41, is amended to read:
14.16120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.
14.17A school board's annual school calendar must include at least 425 hours of
14.18instruction for a kindergarten student without a disability, 935 hours of instruction for a
14.19student in grades 1 though through 6, and 1,020 hours of instruction for a student in
14.20grades 7 though through 12, not including summer school. The school calendar for all-day
14.21kindergarten must include at least 850 hours of instruction for the school year. A school
14.22board's annual calendar must include at least 165 days of instruction for a student in grades
14.231 through 11 unless a four-day week schedule has been approved by the commissioner
14.24under section 124D.126.

14.25    Sec. 15. Minnesota Statutes 2014, section 122A.23, subdivision 2, is amended to read:
14.26    Subd. 2. Applicants licensed in other states. (a) Subject to the requirements of
14.27sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a teaching
14.28license or a temporary teaching license under paragraphs (b) to (e) to an applicant who holds
14.29at least a baccalaureate degree from a regionally accredited college or university and holds
14.30or held a similar out-of-state teaching license that requires the applicant to successfully
14.31complete a teacher preparation program approved by the issuing state, which includes
14.32field-specific teaching methods and student teaching or essentially equivalent experience.
14.33(b) The Board of Teaching must issue a teaching license to an applicant who:
15.1(1) successfully completed all exams and human relations preparation components
15.2required by the Board of Teaching; and
15.3(2) holds or held an out-of-state teaching license to teach the same content field and
15.4grade levels if the scope of the out-of-state license is no more than two grade levels less
15.5than a similar Minnesota license.
15.6(c) The Board of Teaching, consistent with board rules and paragraph (h), must
15.7issue up to three one-year temporary teaching licenses to an applicant who holds or held
15.8an out-of-state teaching license to teach the same content field and grade levels, where
15.9the scope of the out-of-state license is no more than two grade levels less than a similar
15.10Minnesota license, but has not successfully completed all exams and human relations
15.11preparation components required by the Board of Teaching.
15.12(d) The Board of Teaching, consistent with board rules, must issue up to three
15.13one-year temporary teaching licenses to an applicant who:
15.14(1) successfully completed all exams and human relations preparation components
15.15required by the Board of Teaching; and
15.16(2) holds or held an out-of-state teaching license to teach the same content field
15.17and grade levels, where the scope of the out-of-state license is no more than two grade
15.18levels less than a similar Minnesota license, but has not completed field-specific teaching
15.19methods or student teaching or equivalent experience.
15.20The applicant may complete field-specific teaching methods and student teaching
15.21or equivalent experience by successfully participating in a one-year school district
15.22mentorship program consistent with board-adopted standards of effective practice and
15.23Minnesota graduation requirements.
15.24(e) The Board of Teaching must issue a temporary teaching license for a term of
15.25up to three years only in the content field or grade levels specified in the out-of-state
15.26license to an applicant who:
15.27(1) successfully completed all exams and human relations preparation components
15.28required by the Board of Teaching; and
15.29(2) holds or held an out-of-state teaching license where the out-of-state license is
15.30more limited in the content field or grade levels than a similar Minnesota license.
15.31(f) The Board of Teaching must not issue to an applicant more than three one-year
15.32temporary teaching licenses under this subdivision.
15.33(g) The Board of Teaching must not issue a license under this subdivision if the
15.34applicant has not attained the additional degrees, credentials, or licenses required in a
15.35particular licensure field.
16.1(h) The Board of Teaching must require an applicant for a teaching license or a
16.2temporary teaching license under this subdivision to pass a skills examination in reading,
16.3writing, and mathematics or demonstrate, consistent with section 122A.09, subdivision
16.44, the applicant's attainment of either the requisite composite ACT Plus Writing or SAT
16.5score before the board issues the license unless, notwithstanding other provisions of this
16.6subdivision, an applicable board-approved National Association of State Directors of
16.7Teacher Education and Certification interstate reciprocity agreement exists to allow fully
16.8certified teachers from other states to transfer their certification to Minnesota.

16.9    Sec. 16. Minnesota Statutes 2014, section 122A.414, subdivision 2, is amended to read:
16.10    Subd. 2. Alternative teacher professional pay system. (a) To participate in this
16.11program, a school district, intermediate school district, school site, or charter school must
16.12have an educational improvement plan under section 122A.413 and an alternative teacher
16.13professional pay system agreement under paragraph (b). A charter school participant also
16.14must comply with subdivision 2a.
16.15    (b) The alternative teacher professional pay system agreement must:
16.16    (1) describe how teachers can achieve career advancement and additional
16.17compensation;
16.18    (2) describe how the school district, intermediate school district, school site, or
16.19charter school will provide teachers with career advancement options that allow teachers
16.20to retain primary roles in student instruction and facilitate site-focused professional
16.21development that helps other teachers improve their skills;
16.22    (3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
16.23paid before implementing the pay system from being reduced as a result of participating in
16.24this system, base at least 60 percent of any compensation increase on teacher performance
16.25using:
16.26    (i) schoolwide student achievement gains under section 120B.35 or locally selected
16.27standardized assessment outcomes, or both;
16.28    (ii) measures of student growth and literacy that may include value-added models
16.29or student learning goals, consistent with section 122A.40, subdivision 8, paragraph
16.30(b), clause (9), or 122A.41, subdivision 5, paragraph (b), clause (9), and other measures
16.31that include the academic literacy, oral academic language, and achievement of English
16.32learners under section 122A.40, subdivision 8, paragraph (b), clause (10), or 122A.41,
16.33subdivision 5 , paragraph (b), clause (10); and
16.34    (iii) an objective evaluation program under section 122A.40, subdivision 8,
16.35paragraph (b), clause (2), or 122A.41, subdivision 5, paragraph (b), clause (2);
17.1    (4) provide for participation in job-embedded learning opportunities such as
17.2professional learning communities to improve instructional skills and learning that are
17.3aligned with student needs under section 122A.413, consistent with the staff development
17.4plan under section 122A.60 and led during the school day by trained teacher leaders
17.5such as master or mentor teachers;
17.6    (5) allow any teacher in a participating school district, intermediate school district,
17.7school site, or charter school that implements an alternative pay system to participate in
17.8that system without any quota or other limit; and
17.9    (6) encourage collaboration rather than competition among teachers.

17.10    Sec. 17. Minnesota Statutes 2014, section 122A.61, subdivision 1, is amended to read:
17.11    Subdivision 1. Staff development revenue. A district is required to reserve
17.12an amount equal to at least two percent of the basic revenue under section 126C.10,
17.13subdivision 2 , for in-service education for programs under section 120B.22, subdivision 2,
17.14for staff development plans, including plans for challenging instructional activities and
17.15experiences under section 122A.60, and for curriculum development and programs, other
17.16in-service education, teachers' evaluation, teachers' workshops, teacher conferences,
17.17the cost of substitute teachers for staff development purposes, preservice and in-service
17.18education for special education professionals and paraprofessionals, and other related
17.19costs for staff development efforts. A district may annually waive the requirement to
17.20reserve their basic revenue under this section if a majority vote of the licensed teachers
17.21in the district and a majority vote of the school board agree to a resolution to waive the
17.22requirement. A district in statutory operating debt is exempt from reserving basic revenue
17.23according to this section. Districts may expend an additional amount of unreserved
17.24revenue for staff development based on their needs.

17.25    Sec. 18. Minnesota Statutes 2014, section 124D.10, subdivision 4, is amended to read:
17.26    Subd. 4. Formation of school. (a) An authorizer, after receiving an application from
17.27a school developer, may charter a licensed teacher under section 122A.18, subdivision
17.281 , or a group of individuals that includes one or more licensed teachers under section
17.29122A.18, subdivision 1 , to operate a school subject to the commissioner's approval of the
17.30authorizer's affidavit under paragraph (b). The school must be organized and operated as a
17.31nonprofit corporation under chapter 317A and the provisions under the applicable chapter
17.32shall apply to the school except as provided in this section.
18.1    Notwithstanding sections 465.717 and 465.719, a school district, subject to this
18.2section and section 124D.11, may create a corporation for the purpose of establishing a
18.3charter school.
18.4    (b) Before the operators may establish and operate a school, the authorizer must file
18.5an affidavit with the commissioner stating its intent to charter a school. An authorizer
18.6must file a separate affidavit for each school it intends to charter. An authorizer must file
18.7an affidavit by May 1 to be able to charter a new school in the next school year after the
18.8commissioner approves the authorizer's affidavit. The affidavit must state the terms and
18.9conditions under which the authorizer would charter a school and how the authorizer
18.10intends to oversee the fiscal and student performance of the charter school and to comply
18.11with the terms of the written contract between the authorizer and the charter school
18.12board of directors under subdivision 6. The commissioner must approve or disapprove
18.13the authorizer's affidavit within 60 business days of receipt of the affidavit. If the
18.14commissioner disapproves the affidavit, the commissioner shall notify the authorizer of
18.15the deficiencies in the affidavit and the authorizer then has 20 business days to address the
18.16deficiencies. The commissioner must notify the authorizer of final approval or disapproval
18.17within 15 business days after receiving the authorizer's response to the deficiencies in the
18.18affidavit. If the authorizer does not address deficiencies to the commissioner's satisfaction,
18.19the commissioner's disapproval is final. Failure to obtain commissioner approval precludes
18.20an authorizer from chartering the school that is the subject of this affidavit.
18.21    (c) The authorizer may prevent an approved charter school from opening for
18.22operation if, among other grounds, the charter school violates this section or does not meet
18.23the ready-to-open standards that are part of the authorizer's oversight and evaluation
18.24process or are stipulated in the charter school contract.
18.25    (d) The operators authorized to organize and operate a school, before entering into
18.26a contract or other agreement for professional or other services, goods, or facilities,
18.27must incorporate as a nonprofit corporation under chapter 317A and must establish a
18.28board of directors composed of at least five members who are not related parties until a
18.29timely election for members of the ongoing charter school board of directors is held
18.30according to the school's articles and bylaws under paragraph (f) (g). A charter school
18.31board of directors must be composed of at least five members who are not related parties.
18.32Staff members employed at the school, including teachers providing instruction under a
18.33contract with a cooperative, members of the board of directors, and all parents or legal
18.34guardians of children enrolled in the school are the voters eligible to elect the members
18.35of the school's board of directors. A charter school must notify eligible voters of the
19.1school board election dates at least 30 days before the election. Board of director meetings
19.2must comply with chapter 13D.
19.3    (e) A charter school shall publish and maintain on the school's official Web site: (1)
19.4the minutes of meetings of the board of directors, and of members and committees having
19.5any board-delegated authority, for at least one calendar year from the date of publication;
19.6(2) directory information for members of the board of directors and committees having
19.7board-delegated authority; and (3) identifying and contact information for the school's
19.8authorizer. Identifying and contact information for the school's authorizer must be
19.9included in other school materials made available to the public. Upon request of an
19.10individual, the charter school must also make available in a timely fashion financial
19.11statements showing all operations and transactions affecting income, surplus, and deficit
19.12during the school's last annual accounting period; and a balance sheet summarizing assets
19.13and liabilities on the closing date of the accounting period. A charter school also must
19.14include that same information about its authorizer in other school materials that it makes
19.15available to the public.
19.16    (f) Every charter school board member shall attend annual training throughout the
19.17member's term on the board. All new board members shall attend initial training on
19.18the board's role and responsibilities, employment policies and practices, and financial
19.19management. A new board member who does not begin the required initial training within
19.20six months after being seated and complete that training within 12 months of being seated
19.21on the board is automatically ineligible to continue to serve as a board member. The
19.22school shall include in its annual report the training attended by each board member
19.23during the previous year.
19.24    (g) The ongoing board must be elected before the school completes its third year of
19.25operation. Board elections must be held during the school year but may not be conducted
19.26on days when the school is closed for holidays, breaks, or vacations. The charter school
19.27board of directors shall be composed of at least five nonrelated members and include: (i)
19.28at least one licensed teacher employed as a teacher at the school or providing instruction
19.29under contract between the charter school and a cooperative; (ii) at least one parent or
19.30legal guardian of a student enrolled in the charter school who is not an employee of
19.31the charter school; and (iii) at least one interested community member who resides in
19.32Minnesota and is not employed by the charter school and does not have a child enrolled
19.33in the school. The board may include a majority of teachers described in this paragraph
19.34or parents or community members, or it may have no clear majority. The chief financial
19.35officer and the chief administrator may only serve as ex-officio nonvoting board members.
19.36No charter school employees shall serve on the board other than teachers under item (i).
20.1Contractors providing facilities, goods, or services to a charter school shall not serve on
20.2the board of directors of the charter school. Board bylaws shall outline the process and
20.3procedures for changing the board's governance structure, consistent with chapter 317A.
20.4A board may change its governance structure only:
20.5    (1) by a majority vote of the board of directors and a majority vote of the licensed
20.6teachers employed by the school as teachers, including licensed teachers providing
20.7instruction under a contract between the school and a cooperative; and
20.8    (2) with the authorizer's approval.
20.9    Any change in board governance structure must conform with the composition of
20.10the board established under this paragraph.
20.11    (h) The granting or renewal of a charter by an authorizer must not be conditioned
20.12upon the bargaining unit status of the employees of the school.
20.13    (i) The granting or renewal of a charter school by an authorizer must not be
20.14contingent on the charter school being required to contract, lease, or purchase services
20.15from the authorizer. Any potential contract, lease, or purchase of service from an
20.16authorizer must be disclosed to the commissioner, accepted through an open bidding
20.17process, and be a separate contract from the charter contract. The school must document
20.18the open bidding process. An authorizer must not enter into a contract to provide
20.19management and financial services for a school that it authorizes, unless the school
20.20documents that it received at least two competitive bids.
20.21(j) A charter school may apply to the authorizer to amend the school charter to
20.22expand the operation of the school to additional grades or sites that would be students'
20.23primary enrollment site beyond those defined in the original affidavit approved by the
20.24commissioner. After approving the school's application, the authorizer shall submit a
20.25supplementary affidavit in the form and manner prescribed by the commissioner. The
20.26authorizer must file a supplement affidavit by October 1 to be eligible to expand in the next
20.27school year. The supplementary affidavit must document that the school has demonstrated
20.28to the satisfaction of the authorizer the following:
20.29(1) the need for the expansion with supporting long-range enrollment projections;
20.30(2) a longitudinal record of demonstrated student academic performance and growth
20.31on statewide assessments under chapter 120B or on other academic assessments that
20.32measure longitudinal student performance and growth approved by the charter school's
20.33board of directors and agreed upon with the authorizer;
20.34(3) a history of sound school finances and a finance plan to implement the expansion
20.35in a manner to promote the school's financial sustainability; and
21.1(4) board capacity and an administrative and management plan to implement its
21.2expansion.
21.3    (k) The commissioner shall have 30 business days to review and comment on the
21.4supplemental affidavit. The commissioner shall notify the authorizer in writing of any
21.5deficiencies in the supplemental affidavit and the authorizer then has 20 business days to
21.6address, to the commissioner's satisfaction, any deficiencies in the supplemental affidavit.
21.7The commissioner must notify the authorizer of final approval or disapproval within 15
21.8business days after receiving the authorizer's response to the deficiencies in the affidavit.
21.9The school may not expand grades or add sites until the commissioner has approved the
21.10supplemental affidavit. The commissioner's approval or disapproval of a supplemental
21.11affidavit is final.

21.12    Sec. 19. Minnesota Statutes 2014, section 124D.20, subdivision 8, is amended to read:
21.13    Subd. 8. Uses of general revenue. (a) General community education revenue
21.14may be used for:
21.15(1) nonvocational, recreational, and leisure time activities and programs;
21.16(2) programs for adults with disabilities, if the programs and budgets are approved
21.17by the department;
21.18(3) adult basic education programs, according to section 124D.52;
21.19(4) summer programs for elementary and secondary pupils;
21.20(5) implementation of a youth development plan;
21.21(6) implementation of a youth service program;
21.22(7) early childhood family education programs, according to section 124D.13;
21.23(8) school readiness programs, according to section 124D.15; and
21.24(9) extended day school-age care programs, according to section 124D.19,
21.25subdivision 11 .
21.26(b) In addition to money from other sources, a district may use up to ten percent of
21.27its community education revenue for equipment that is used exclusively in community
21.28education programs. This revenue may be used only for the following purposes:
21.29(1) to purchase or lease computers and related materials;
21.30(2) to purchase or lease equipment for instructional programs; and
21.31(3) to purchase textbooks and library books.
21.32(c) General community education revenue must not be used to subsidize the direct
21.33activity costs for adult enrichment programs. Direct activity costs include, but are not
21.34limited to, the cost of the activity leader or instructor, cost of materials, or transportation
21.35costs.

22.1    Sec. 20. Minnesota Statutes 2014, section 124D.861, subdivision 3, is amended to read:
22.2    Subd. 3. Public engagement; progress report and budget process. (a) To
22.3receive revenue under section 124D.862, the school board of an eligible district must
22.4incorporate school and district plan components under section 120B.11 into the district's
22.5comprehensive integration plan.
22.6(b) A school board must hold at least one formal annual hearing to publicly report its
22.7progress in realizing the goals identified in its plan. At the hearing, the board must provide
22.8the public with longitudinal data demonstrating district and school progress in reducing
22.9the disparities in student academic performance among the specified categories of students
22.10and in realizing racial and economic integration, consistent with the district plan and the
22.11measures in paragraph (a). At least 30 days before the formal hearing under this paragraph,
22.12the board must post its plan, its preliminary analysis, relevant student performance data,
22.13and other longitudinal data on the district's Web site. A district must hold one hearing to
22.14meet the hearing requirements of both this section and section 120B.11.
22.15(c) The district must submit a detailed budget to the commissioner by March 15 in
22.16the year before it implements its plan. The commissioner must review, and approve or
22.17disapprove the district's budget by June 1 of that year.
22.18(d) The longitudinal data required under paragraph (a) (b) must be based on student
22.19growth and progress in reading and mathematics, as defined under section 120B.30,
22.20subdivision 1, and student performance data and achievement reports from fully adaptive
22.21reading and mathematics assessments for grades 3 through 7 beginning in the 2015-2016
22.22school year under section 120B.30, subdivision 1a, and either (i) school enrollment
22.23choices, (ii) the number of world language proficiency or high achievement certificates
22.24awarded under section 120B.022, subdivision 1a, or the number of state bilingual and
22.25multilingual seals issued under section 120B.022, subdivision 1b, or (iii) school safety
22.26and students' engagement and connection at school under section 120B.35, subdivision 3,
22.27paragraph (d). Additional longitudinal data may be based on: students' progress toward
22.28career and college readiness under section 120B.30, subdivision 1; or rigorous coursework
22.29completed under section 120B.35, subdivision 3, paragraph (c), clause (2).

22.30    Sec. 21. Minnesota Statutes 2014, section 125A.79, subdivision 4, is amended to read:
22.31    Subd. 4. Tuition. Notwithstanding sections 125A.03 to 125A.24 and 125A.65, for
22.32children who are nonresidents of Minnesota, receive services under section 125A.76,
22.33subdivisions 1 and 2 2a, and are placed in the serving school district by court action, the
22.34serving school district shall submit unreimbursed tuition bills for eligible services to
22.35the Department of Education instead of the resident school district. To be eligible for
23.1reimbursement, the serving school district, as part of its child intake procedures, must
23.2demonstrate good faith effort to obtain from the placing agency a financial commitment
23.3to pay tuition costs.
23.4EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.

23.5    Sec. 22. Minnesota Statutes 2014, section 125A.79, subdivision 8, is amended to read:
23.6    Subd. 8. Out-of-state tuition. For children who are residents of the state, receive
23.7services under section 125A.76, subdivisions 1 and 2 2a, and are placed in a care and
23.8treatment facility by court action in a state that does not have a reciprocity agreement with
23.9the commissioner under section 125A.155, the resident school district shall receive special
23.10education out-of-state tuition aid equal to the amount of the tuition bills, minus (1) the
23.11general education revenue, excluding basic skills revenue and the local optional levy
23.12attributable to the pupil, calculated using the resident district's average general education
23.13revenue per adjusted pupil unit, (2) the referendum equalization aid attributable to the
23.14pupil, calculated using the resident district's referendum equalization aid per adjusted
23.15pupil unit, and (3) the special education aid attributable to the pupil.
23.16EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.

23.17    Sec. 23. Minnesota Statutes 2014, section 127A.441, is amended to read:
23.18127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE.
23.19    (a) Each year, the state aids payable to any school district for that fiscal year that are
23.20recognized as revenue in the school district's general and community service funds shall
23.21be adjusted by an amount equal to (1) the amount the district recognized as revenue for the
23.22prior fiscal year pursuant to section 123B.75, subdivision 5, paragraph (a) or (b), minus (2)
23.23the amount the district recognized as revenue for the current fiscal year pursuant to section
23.24123B.75, subdivision 5 , paragraph (a) or (b). For purposes of making the aid adjustments
23.25under this section, the amount the district recognizes as revenue for either the prior fiscal
23.26year or the current fiscal year pursuant to section 123B.75, subdivision 5, paragraph (b),
23.27shall not include any amount levied pursuant to section 124D.86, subdivision 4, for school
23.28districts receiving revenue under sections 124D.86, subdivision 3, clauses (1), (2), and
23.29(3); 126C.41, subdivisions 1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision
23.302 ; and 126C.48, subdivision 6. Payment from the permanent school fund shall not be
23.31adjusted pursuant to this section.
23.32(b) The commissioner shall schedule the timing of the adjustments under paragraph
23.33(a) as close to the end of the fiscal year as possible.
24.1The school district shall be notified of the amount of the adjustment made to each
24.2payment pursuant to this section.

24.3    Sec. 24. Minnesota Statutes 2014, section 127A.49, subdivision 2, is amended to read:
24.4    Subd. 2. Abatements. Whenever by virtue of chapter 278, sections 270C.86,
24.5375.192 , or otherwise, the net tax capacity or referendum market value of any district for
24.6any taxable year is changed after the taxes for that year have been spread by the county
24.7auditor and the local tax rate as determined by the county auditor based upon the original
24.8net tax capacity is applied upon the changed net tax capacities, the county auditor shall,
24.9prior to February 1 of each year, certify to the commissioner of education the amount of
24.10any resulting net revenue loss that accrued to the district during the preceding year. Each
24.11year, the commissioner shall pay an abatement adjustment to the district in an amount
24.12calculated according to the provisions of this subdivision. This amount shall be deducted
24.13from the amount of the levy authorized by section 126C.46. The amount of the abatement
24.14adjustment must be the product of:
24.15    (1) the net revenue loss as certified by the county auditor, times
24.16    (2) the ratio of:
24.17    (i) the sum of the amounts of the district's certified levy in the third preceding year
24.18according to the following:
24.19    (A) section 123B.57, if the district received health and safety aid according to that
24.20section for the second preceding year;
24.21    (B) section 124D.20, if the district received aid for community education programs
24.22according to that section for the second preceding year;
24.23    (C) section 124D.135, subdivision 3, if the district received early childhood family
24.24education aid according to section 124D.135 for the second preceding year;
24.25    (D) section 126C.17, subdivision 6, if the district received referendum equalization
24.26aid according to that section for the second preceding year;
24.27    (E) section 126C.10, subdivision 13a, if the district received operating capital aid
24.28according to section 126C.10, subdivision 13b, in the second preceding year;
24.29    (F) section 126C.10, subdivision 29, if the district received equity aid according to
24.30section 126C.10, subdivision 30, in the second preceding year;
24.31    (G) section 126C.10, subdivision 32, if the district received transition aid according
24.32to section 126C.10, subdivision 33, in the second preceding year;
24.33    (H) section 123B.53, subdivision 5, if the district received debt service equalization
24.34aid according to section 123B.53, subdivision 6, in the second preceding year;
25.1    (I) section 123B.535, subdivision 4, if the district received natural disaster debt
25.2service equalization aid according to section 123B.535, subdivision 5, in the second
25.3preceding year;
25.4    (J) section 124D.22, subdivision 3, if the district received school-age care aid
25.5according to section 124D.22, subdivision 4, in the second preceding year;
25.6    (K) section 123B.591, subdivision 3, if the district received deferred maintenance
25.7aid according to section 123B.591, subdivision 4, in the second preceding year; and
25.8    (L) section 126C.10, subdivision 35 122A.415, subdivision 5, if the district
25.9received alternative teacher compensation equalization aid according to section 126C.10,
25.10subdivision 36 122A.415, subdivision 6, paragraph (a), in the second preceding year; to
25.11    (ii) the total amount of the district's certified levy in the third preceding December,
25.12plus or minus auditor's adjustments.
25.13EFFECTIVE DATE.This section is effective for fiscal year 2017 and later.

25.14    Sec. 25. Minnesota Statutes 2014, section 127A.49, subdivision 3, is amended to read:
25.15    Subd. 3. Excess tax increment. (a) If a return of excess tax increment is made to a
25.16district pursuant to sections 469.176, subdivision 2, and 469.177, subdivision 9, or upon
25.17decertification of a tax increment district, the school district's aid and levy limitations
25.18must be adjusted for the fiscal year in which the excess tax increment is paid under the
25.19provisions of this subdivision.
25.20    (b) An amount must be subtracted from the district's aid for the current fiscal year
25.21equal to the product of:
25.22    (1) the amount of the payment of excess tax increment to the district, times
25.23    (2) the ratio of:
25.24    (i) the sum of the amounts of the district's certified levy for the fiscal year in which
25.25the excess tax increment is paid according to the following:
25.26    (A) section 123B.57, if the district received health and safety aid according to that
25.27section for the second preceding year;
25.28    (B) section 124D.20, if the district received aid for community education programs
25.29according to that section for the second preceding year;
25.30    (C) section 124D.135, subdivision 3, if the district received early childhood family
25.31education aid according to section 124D.135 for the second preceding year;
25.32    (D) section 126C.17, subdivision 6, if the district received referendum equalization
25.33aid according to that section for the second preceding year;
25.34    (E) section 126C.10, subdivision 13a, if the district received operating capital aid
25.35according to section 126C.10, subdivision 13b, in the second preceding year;
26.1    (F) section 126C.10, subdivision 29, if the district received equity aid according to
26.2section 126C.10, subdivision 30, in the second preceding year;
26.3    (G) section 126C.10, subdivision 32, if the district received transition aid according
26.4to section 126C.10, subdivision 33, in the second preceding year;
26.5    (H) section 123B.53, subdivision 5, if the district received debt service equalization
26.6aid according to section 123B.53, subdivision 6, in the second preceding year;
26.7    (I) section 123B.535, subdivision 4, if the district received natural disaster debt
26.8service equalization aid according to section 123B.535, subdivision 5, in the second
26.9preceding year;
26.10    (J) section 124D.22, subdivision 3, if the district received school-age care aid
26.11according to section 124D.22, subdivision 4, in the second preceding year;
26.12    (K) section 123B.591, subdivision 3, if the district received deferred maintenance
26.13aid according to section 123B.591, subdivision 4, in the second preceding year; and
26.14    (L) section 126C.10, subdivision 35 122A.415, subdivision 5, if the district
26.15received alternative teacher compensation equalization aid according to section 126C.10,
26.16subdivision 36 122A.415, subdivision 6, paragraph (a), in the second preceding year; to
26.17    (ii) the total amount of the district's certified levy for the fiscal year, plus or minus
26.18auditor's adjustments.
26.19    (c) An amount must be subtracted from the school district's levy limitation for the
26.20next levy certified equal to the difference between:
26.21    (1) the amount of the distribution of excess increment; and
26.22    (2) the amount subtracted from aid pursuant to clause (a).
26.23    If the aid and levy reductions required by this subdivision cannot be made to the aid
26.24for the fiscal year specified or to the levy specified, the reductions must be made from
26.25aid for subsequent fiscal years, and from subsequent levies. The school district must use
26.26the payment of excess tax increment to replace the aid and levy revenue reduced under
26.27this subdivision.
26.28    (d) This subdivision applies only to the total amount of excess increments received
26.29by a district for a calendar year that exceeds $25,000.
26.30EFFECTIVE DATE.This section is effective for fiscal year 2017 and later.

26.31    Sec. 26. Minnesota Statutes 2014, section 144.0724, subdivision 4, is amended to read:
26.32    Subd. 4. Resident assessment schedule. (a) A facility must conduct and
26.33electronically submit to the commissioner of health MDS assessments that conform with
26.34the assessment schedule defined by Code of Federal Regulations, title 42, section 483.20,
26.35and published by the United States Department of Health and Human Services, Centers for
27.1Medicare and Medicaid Services, in the Long Term Care Assessment Instrument User's
27.2Manual, version 3.0, and subsequent updates when issued by the Centers for Medicare
27.3and Medicaid Services. The commissioner of health may substitute successor manuals or
27.4question and answer documents published by the United States Department of Health and
27.5Human Services, Centers for Medicare and Medicaid Services, to replace or supplement
27.6the current version of the manual or document.
27.7(b) The assessments used to determine a case mix classification for reimbursement
27.8include the following:
27.9(1) a new admission assessment;
27.10(2) an annual assessment which must have an assessment reference date (ARD)
27.11within 92 days of the previous assessment and the previous comprehensive assessment;
27.12(3) a significant change in status assessment must be completed within 14 days of
27.13the identification of a significant change;
27.14(4) all quarterly assessments must have an assessment reference date (ARD) within
27.1592 days of the ARD of the previous assessment;
27.16(5) any significant correction to a prior comprehensive assessment, if the assessment
27.17being corrected is the current one being used for RUG classification; and
27.18(6) any significant correction to a prior quarterly assessment, if the assessment being
27.19corrected is the current one being used for RUG classification.
27.20(c) In addition to the assessments listed in paragraph (b), the assessments used to
27.21determine nursing facility level of care include the following:
27.22(1) preadmission screening completed under section 256.975, subdivision
27.23subdivisions 7a to 7c, by the Senior LinkAge Line or other organization under contract
27.24with the Minnesota Board on Aging; and
27.25(2) a nursing facility level of care determination as provided for under section
27.26256B.0911, subdivision 4e , as part of a face-to-face long-term care consultation assessment
27.27completed under section 256.975, subdivisions 7a to 7c 256B.0911, by a county, tribe, or
27.28managed care organization under contract with the Department of Human Services.

27.29    Sec. 27. Minnesota Statutes 2014, section 144.227, subdivision 1, is amended to read:
27.30    Subdivision 1. False statements. A person who intentionally makes a false
27.31statement in a certificate, vital record, or report required to be filed under sections 144.211
27.32to 144.214 144.2131 or 144.216 to 144.227, or in an application for an amendment thereof,
27.33or in an application for a certified vital record or who supplies false information intending
27.34that the information be used in the preparation of a report, vital record, certificate, or
27.35amendment thereof, is guilty of a misdemeanor.

28.1    Sec. 28. Minnesota Statutes 2014, section 144A.10, subdivision 16, is amended to read:
28.2    Subd. 16. Independent informal dispute resolution. (a) Notwithstanding
28.3subdivision 15, a facility certified under the federal Medicare or Medicaid programs may
28.4request from the commissioner, in writing, an independent informal dispute resolution
28.5process regarding any deficiency citation issued to the facility. The facility must specify
28.6in its written request each deficiency citation that it disputes. The commissioner shall
28.7provide a hearing under sections 14.57 to 14.62. Upon the written request of the facility,
28.8the parties must submit the issues raised to arbitration by an administrative law judge.
28.9(b) Upon receipt of a written request for an arbitration proceeding, the commissioner
28.10shall file with the Office of Administrative Hearings a request for the appointment
28.11of an arbitrator and simultaneously serve the facility with notice of the request. The
28.12arbitrator for the dispute shall be an administrative law judge appointed by the Office of
28.13Administrative Hearings. The disclosure provisions of section 572B.12 and the notice
28.14provisions of section 572B.15, subsection (c), apply. The facility and the commissioner
28.15have the right to be represented by an attorney.
28.16(c) The commissioner and the facility may present written evidence, depositions,
28.17and oral statements and arguments at the arbitration proceeding. Oral statements and
28.18arguments may be made by telephone.
28.19(d) Within ten working days of the close of the arbitration proceeding, the
28.20administrative law judge shall issue findings regarding each of the deficiencies in dispute.
28.21The findings shall be one or more of the following:
28.22(1) Supported in full. The citation is supported in full, with no deletion of findings
28.23and no change in the scope or severity assigned to the deficiency citation.
28.24(2) Supported in substance. The citation is supported, but one or more findings are
28.25deleted without any change in the scope or severity assigned to the deficiency.
28.26(3) Deficient practice cited under wrong requirement of participation. The citation is
28.27amended by moving it to the correct requirement of participation.
28.28(4) Scope not supported. The citation is amended through a change in the scope
28.29assigned to the citation.
28.30(5) Severity not supported. The citation is amended through a change in the severity
28.31assigned to the citation.
28.32(6) No deficient practice. The citation is deleted because the findings did not support
28.33the citation or the negative resident outcome was unavoidable. The findings of the
28.34arbitrator are not binding on the commissioner.
28.35(e) The commissioner shall reimburse the Office of Administrative Hearings for the
28.36costs incurred by that office for the arbitration proceeding. The facility shall reimburse the
29.1commissioner for the proportion of the costs that represent the sum of deficiency citations
29.2supported in full under paragraph (d), clause (1), or in substance under paragraph (d),
29.3clause (2), divided by the total number of deficiencies disputed. A deficiency citation for
29.4which the administrative law judge's sole finding is that the deficient practice was cited
29.5under the wrong requirements of participation shall not be counted in the numerator or
29.6denominator in the calculation of the proportion of costs.

29.7    Sec. 29. Minnesota Statutes 2014, section 161.3209, subdivision 3, is amended to read:
29.8    Subd. 3. Phase 2 - construction manager/general contractor contract. (a) Before
29.9conducting any construction-related services, the commissioner shall:
29.10(1) conduct an independent cost estimate for the project or each work package; and
29.11(2) conduct contract negotiations with the construction manager/general contractor
29.12to develop a construction manager/general contractor contract. This contract must include
29.13a minimum construction manager/general contractor self-performing requirement of 30
29.14percent of the negotiated cost. Items designated in the construction manager/general
29.15contractor contract as specialty items may be subcontracted and the cost of any specialty
29.16item performed under the subcontract will be deducted from the cost before computing the
29.17amount of work required to be performed by the contractor.
29.18(b) If the construction manager/general contractor and the commissioner are unable
29.19to negotiate a contract, the commissioner may use other contract procurement processes or
29.20may readvertise the construction manager/general contractor contract. The construction
29.21manager/general contractor may: (1) bid or propose on the project if advertised under
29.22section 161.32 or 161.3206; or (2) join a design-build team if advertised under sections
29.23161.3410 to 161.3428 161.3426.
29.24(c) The commissioner shall provide to all bidders or design-build teams all data
29.25shared between the commissioner and the construction manager/general contractor during
29.26the contract negotiations under this subdivision.

29.27    Sec. 30. Minnesota Statutes 2014, section 168A.03, subdivision 1, is amended to read:
29.28    Subdivision 1. No certificate issued. The registrar shall not issue a certificate of
29.29title for:
29.30    (1) a vehicle owned by the United States;
29.31    (2) a vehicle owned by a nonresident and not required by law to be registered in
29.32this state;
30.1    (3) a vehicle owned by a nonresident and regularly engaged in the interstate
30.2transportation of persons or property for which a currently effective certificate of title
30.3has been issued in another state;
30.4    (4) a vehicle moved solely by animal power;
30.5    (5) an implement of husbandry;
30.6    (6) special mobile equipment;
30.7    (7) a self-propelled wheelchair or invalid tricycle;
30.8    (8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
30.9holds an interest in the trailer or a certificate of title was previously issued by this state or
30.10any other state or (ii) designed primarily for agricultural purposes except a recreational
30.11vehicle or a manufactured home, both as defined in section 168.002, subdivisions 16 and 27;
30.12    (9) a snowmobile; and
30.13    (10) a spotter truck, as defined in section 169.011, subdivision 77; and
30.14(11) (10) an electric-assisted bicycle, as defined in section 169.011, subdivision 27.

30.15    Sec. 31. Minnesota Statutes 2014, section 169.781, subdivision 1, is amended to read:
30.16    Subdivision 1. Definitions. For purposes of sections 169.781 to 169.783:
30.17    (a) "Commercial motor vehicle":
30.18    (1) means a motor vehicle as defined in section 169.011, subdivision 16, paragraph
30.19(a) , or combination of motor vehicles used to transport passengers or property if the
30.20motor vehicle:
30.21    (i) has a gross vehicle weight of more than 26,000 pounds;
30.22    (ii) is a vehicle in a combination of more than 26,000 pounds;
30.23    (iii) is a bus; or
30.24    (iv) is of any size and is used in the transportation of hazardous materials that are
30.25required to be placarded under Code of Federal Regulations, title 49, parts 100-185; or and
30.26(v) is a spotter truck; and
30.27    (2) does not include (i) a school bus or Head Start bus displaying a certificate under
30.28section 169.451, or (ii) a bus operated by the Metropolitan Council or by a local transit
30.29commission created in chapter 458A.
30.30    (b) "Commissioner" means the commissioner of public safety.
30.31    (c) "Owner" means a person who owns, or has control, under a lease of more than 30
30.32days' duration, of one or more commercial motor vehicles.

30.33    Sec. 32. Minnesota Statutes 2014, section 169.781, subdivision 2, is amended to read:
31.1    Subd. 2. Inspection required. (a) It is unlawful for a person to operate or permit
31.2the operation, in violation of the requirements of paragraph (b), of:
31.3    (1) a commercial motor vehicle registered in Minnesota or a spotter truck;
31.4    (2) special mobile equipment as defined in section 168.002, subdivision 31, and
31.5which is self-propelled, if it is mounted on a commercial motor vehicle chassis; or
31.6(3) a vehicle used to transport passengers by a motor carrier of railroad employees
31.7under section 221.0255.
31.8    (b) A vehicle described in paragraph (a):
31.9    (1) must display a valid safety inspection decal issued by an inspector certified
31.10by the commissioner; or
31.11    (2) must carry (i) proof that the vehicle complies with federal motor vehicle
31.12inspection requirements for vehicles in interstate commerce, and (ii) a certificate of
31.13compliance with federal requirements issued by the commissioner under subdivision 9.

31.14    Sec. 33. Minnesota Statutes 2014, section 174.12, subdivision 8, is amended to read:
31.15    Subd. 8. Legislative report. (a) By February 1 of each odd-numbered year, the
31.16commissioner of transportation, with assistance from the commissioner of employment
31.17and economic development, shall submit a report on the transportation economic
31.18development program to the chairs and ranking minority members of the legislative
31.19committees with jurisdiction over transportation policy and finance and economic
31.20development policy and finance.
31.21(b) At a minimum, the report must:
31.22(1) summarize the requirements and implementation of the transportation economic
31.23development program established in this section;
31.24(2) review the criteria and economic impact performance measures used for
31.25evaluation, prioritization, and selection of projects;
31.26(3) provide a brief overview of each project that received financial assistance under
31.27the program, which must at a minimum identify:
31.28(i) basic project characteristics, such as funding recipient, geographic location,
31.29and type of transportation modes served;
31.30(ii) sources and respective amounts of project funding; and
31.31(iii) the degree of economic benefit anticipated or observed, following the economic
31.32impact performance measures established under subdivision 4;
31.33(4) identify the allocation of funds, including but not limited to a breakdown of total
31.34project funds by transportation mode, the amount expended for administrative costs, and
31.35the amount transferred to the transportation economic development assistance account;
32.1(5) evaluate the overall economic impact of the program consistent with the
32.2accountability measurement requirements under section 116J.997; and
32.3(6) provide recommendations for any legislative changes related to the program.

32.4    Sec. 34. Minnesota Statutes 2014, section 241.332, subdivision 2, is amended to read:
32.5    Subd. 2. Information to corrections employee. (a) Before disclosing any
32.6information about the inmate, the correctional facility shall inform the corrections employee
32.7of the confidentiality requirements of section 241.339 and that the person may be subject
32.8to penalties for unauthorized release of test results about the inmate under section 241.34.
32.9(b) The correctional facility shall inform the corrections employee of the insurance
32.10protections in section 72A.20, subdivision 29.

32.11    Sec. 35. Minnesota Statutes 2014, section 241.335, subdivision 2, is amended to read:
32.12    Subd. 2. Procedures without consent. If the inmate has provided a blood sample,
32.13but does not consent to blood-borne pathogens testing, the correctional facility shall
32.14ensure that the blood is tested for blood-borne pathogens if the corrections employee
32.15requests the test, provided all of the following criteria are met:
32.16(1) the corrections employee and correctional facility have documented exposure to
32.17blood or body fluids during performance of the employee's work duties;
32.18(2) a licensed physician has determined that a significant exposure has occurred
32.19under section 241.341 and has documented that blood-borne pathogen test results are
32.20needed for beginning, modifying, continuing, or discontinuing medical treatment for
32.21the corrections employee as recommended by the most current guidelines of the United
32.22States Public Health Service;
32.23(3) the corrections employee provides a blood sample for testing for blood-borne
32.24pathogens as soon as feasible;
32.25(4) the correctional facility asks the inmate to consent to a test for blood-borne
32.26pathogens and the inmate does not consent;
32.27(5) the correctional facility has provided the inmate and the corrections employee
32.28with all of the information required by section 241.332; and
32.29(6) the correctional facility has informed the corrections employee of the
32.30confidentiality requirements of section 241.339 and the penalties for unauthorized release
32.31of inmate information under section 241.34.

32.32    Sec. 36. Minnesota Statutes 2014, section 241.336, subdivision 3, is amended to read:
33.1    Subd. 3. Procedures without consent; expedited process. (a) As used in this
33.2subdivision, "qualified physician" means a person who:
33.3(1) is a licensed physician employed by or under contract with the correctional
33.4facility to provide services to employees and inmates; and
33.5(2) is an infectious disease specialist or consults with an infectious disease specialist
33.6or a hospital infectious disease officer.
33.7(b) An inmate in a correctional facility is subject to the release of medical
33.8information related to blood-borne pathogen infections or the collection and testing of
33.9a blood sample if a significant exposure occurs as determined by procedures in section
33.10241.331, subdivision 2 , clause (1). In the absence of affirmative consent and cooperation
33.11in the release of medical information or collection of a blood sample, the head of a
33.12correctional facility, having reported to and consulted with the state epidemiologist, may
33.13order an inmate to provide release of medical information related to blood-borne pathogen
33.14infections or a blood sample for testing for blood-borne pathogens if:
33.15(1) the correctional facility followed the procedures in sections 241.33 to 241.336,
33.16subdivision 1 , and 241.337 to 241.342 and attempted to obtain blood-borne pathogen test
33.17results according to those sections;
33.18(2) a qualified physician has determined that a significant exposure has occurred to
33.19the corrections employee under section 241.341;
33.20(3) a qualified physician has documented that the corrections employee has received
33.21vaccinations for preventing blood-borne pathogens, provided a blood sample, and
33.22consented to testing for blood-borne pathogens, and that blood-borne pathogen test results
33.23are needed for beginning, continuing, modifying, or discontinuing medical treatment for
33.24the corrections employee under section 241.341;
33.25(4) the head of the correctional facility has received affidavits from qualified
33.26physicians, treating the corrections worker and the inmate, attesting that a significant
33.27exposure has occurred to the corrections employee under section 241.341;
33.28(5) the correctional facility imposes appropriate safeguards against unauthorized
33.29disclosure and use of medical information or samples consistent with those established in
33.30sections 241.331 to 241.34 241.339;
33.31(6) a qualified physician for the corrections employee needs the test results for
33.32beginning, continuing, modifying, or discontinuing medical treatment for the corrections
33.33employee; and
33.34(7) the head of the correctional facility finds a compelling need for the medical
33.35information or test results.
34.1In assessing whether a compelling need exists under clause (7), the head of the
34.2correctional facility shall weigh the officer's need for the exchange of medical information
34.3or blood collection and test results against the interests of the inmate, including, but not
34.4limited to, privacy, health, safety, or economic interests. The head of the correctional
34.5facility shall also consider whether release of medical information or involuntary blood
34.6collection and testing would serve or harm public health interests.
34.7(c) Each state and local correctional facility shall adopt a plan for implementing by
34.8July 1, 2006, policies and procedures for:
34.9(1) the education and treatment of corrections employees and inmates that are
34.10consistent with those established by the Department of Corrections;
34.11(2) ensuring that corrections employees and inmates are routinely offered and are
34.12provided voluntary vaccinations to prevent blood-borne pathogen infections;
34.13(3) ensuring that corrections employees and inmates are routinely offered and are
34.14provided with voluntary postexposure prophylactic treatments for blood-borne pathogen
34.15infections in accordance with the most current guidelines of the United States Public
34.16Health Service; and
34.17(4) ensuring voluntary access to treatment for blood-borne pathogen infections in
34.18accordance with the most current guidelines of the United States Public Health Service
34.19for corrections workers or inmates who are determined to have a blood-borne pathogen
34.20infection through procedures established in sections 241.331 to 241.34 241.339.
34.21(d) The commissioner of corrections and the director of each local correctional
34.22facility shall provide written notice to each inmate through the inmate handbook, or a
34.23comparable document, of the provisions of this subdivision.

34.24    Sec. 37. Minnesota Statutes 2014, section 244.05, subdivision 5, is amended to read:
34.25    Subd. 5. Supervised release, life sentence. (a) The commissioner of corrections
34.26may, under rules promulgated by the commissioner, give supervised release to an inmate
34.27serving a mandatory life sentence under section 609.185, paragraph (a), clause (3),
34.28(5), or (6); 609.3455, subdivision 3 or 4; 609.385; or Minnesota Statutes 2004, section
34.29609.109, subdivision 3, after the inmate has served the minimum term of imprisonment
34.30specified in subdivision 4.
34.31(b) The commissioner shall require the preparation of a community investigation
34.32report and shall consider the findings of the report when making a supervised release
34.33decision under this subdivision. The report shall reflect the sentiment of the various
34.34elements of the community toward the inmate, both at the time of the offense and at the
34.35present time. The report shall include the views of the sentencing judge, the prosecutor,
35.1any law enforcement personnel who may have been involved in the case, and any
35.2successors to these individuals who may have information relevant to the supervised
35.3release decision. The report shall also include the views of the victim and the victim's
35.4family unless the victim or the victim's family chooses not to participate.
35.5(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
35.6of the time and place of the inmate's supervised release review hearing. The victim has
35.7a right to submit an oral or written statement at the review hearing. The statement may
35.8summarize the harm suffered by the victim as a result of the crime and give the victim's
35.9recommendation on whether the inmate should be given supervised release at this time.
35.10The commissioner must consider the victim's statement when making the supervised
35.11release decision.
35.12(d) When considering whether to give supervised release to an inmate serving a life
35.13sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at
35.14a minimum, the following: the risk the inmate poses to the community if released, the
35.15inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
35.16or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
35.17other relevant conduct of the inmate while incarcerated or before incarceration. The
35.18commissioner may not give supervised release to the inmate unless:
35.19(1) while in prison:
35.20(i) the inmate has successfully completed appropriate sex offender treatment;
35.21(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
35.22has successfully completed chemical dependency treatment; and
35.23(iii) the inmate has been assessed for mental health needs and, if appropriate, has
35.24successfully completed mental health treatment; and
35.25(2) a comprehensive individual release plan is in place for the inmate that ensures
35.26that, after release, the inmate will have suitable housing and receive appropriate aftercare
35.27and community-based treatment. The comprehensive plan also must include a postprison
35.28employment or education plan for the inmate.
35.29(e) As used in this subdivision, "victim" means the individual who suffered harm as
35.30a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
35.31spouse or next of kin.

35.32    Sec. 38. Minnesota Statutes 2014, section 245.466, subdivision 3a, is amended to read:
35.33    Subd. 3a. Transition plan related to termination of contract. Counties must
35.34prepare a transition plan that provides for continuity of care in the event of contract
35.35termination with a community mental health center under section 245.715 245.62, or a
36.1community support services program under section 245.462, subdivision 6. The county
36.2shall provide at least 90 days' notice of the termination to the contracted agency and the
36.3commissioner of human services. The transition plan must provide information to clients
36.4on how to access medical records and how to transfer to other providers.

36.5    Sec. 39. Minnesota Statutes 2014, section 245.4871, subdivision 13, is amended to read:
36.6    Subd. 13. Education and prevention services. (a) "Education and prevention
36.7services" means services designed to:
36.8(1) educate the general public and groups identified as at risk of developing
36.9emotional disturbance under section 245.4872, subdivision 3;
36.10(2) increase the understanding and acceptance of problems associated with emotional
36.11disturbances;
36.12(3) improve people's skills in dealing with high-risk situations known to affect
36.13children's mental health and functioning; and
36.14(4) refer specific children or their families with mental health needs to mental health
36.15services.
36.16(b) The services include distribution to individuals and agencies identified by the
36.17county board and the local children's mental health advisory council of information on
36.18predictors and symptoms of emotional disturbances, where mental health services are
36.19available in the county, and how to access the services.

36.20    Sec. 40. Minnesota Statutes 2014, section 245.4874, subdivision 1, is amended to read:
36.21    Subdivision 1. Duties of county board. (a) The county board must:
36.22    (1) develop a system of affordable and locally available children's mental health
36.23services according to sections 245.487 to 245.4889;
36.24    (2) establish a mechanism providing for interagency coordination as specified in
36.25section 245.4875, subdivision 6;
36.26    (3) (2) consider the assessment of unmet needs in the county as reported by the local
36.27children's mental health advisory council under section 245.4875, subdivision 5, paragraph
36.28(b), clause (3). The county shall provide, upon request of the local children's mental health
36.29advisory council, readily available data to assist in the determination of unmet needs;
36.30    (4) (3) assure that parents and providers in the county receive information about how
36.31to gain access to services provided according to sections 245.487 to 245.4889;
36.32    (5) (4) coordinate the delivery of children's mental health services with services
36.33provided by social services, education, corrections, health, and vocational agencies to
37.1improve the availability of mental health services to children and the cost-effectiveness of
37.2their delivery;
37.3    (6) (5) assure that mental health services delivered according to sections 245.487
37.4to 245.4889 are delivered expeditiously and are appropriate to the child's diagnostic
37.5assessment and individual treatment plan;
37.6    (7) (6) provide for case management services to each child with severe emotional
37.7disturbance according to sections 245.486; 245.4871, subdivisions 3 and 4; and 245.4881,
37.8subdivisions 1, 3, and 5 ;
37.9    (8) (7) provide for screening of each child under section 245.4885 upon admission
37.10to a residential treatment facility, acute care hospital inpatient treatment, or informal
37.11admission to a regional treatment center;
37.12    (9) (8) prudently administer grants and purchase-of-service contracts that the county
37.13board determines are necessary to fulfill its responsibilities under sections 245.487 to
37.14245.4889 ;
37.15    (10) (9) assure that mental health professionals, mental health practitioners, and case
37.16managers employed by or under contract to the county to provide mental health services
37.17are qualified under section 245.4871;
37.18    (11) (10) assure that children's mental health services are coordinated with adult
37.19mental health services specified in sections 245.461 to 245.486 so that a continuum of
37.20mental health services is available to serve persons with mental illness, regardless of
37.21the person's age;
37.22    (12) (11) assure that culturally competent mental health consultants are used as
37.23necessary to assist the county board in assessing and providing appropriate treatment for
37.24children of cultural or racial minority heritage; and
37.25    (13) (12) consistent with section 245.486, arrange for or provide a children's mental
37.26health screening for:
37.27(i) a child receiving child protective services;
37.28(ii) a child in out-of-home placement;
37.29(iii) a child for whom parental rights have been terminated;
37.30(iv) a child found to be delinquent; or
37.31(v) a child found to have committed a juvenile petty offense for the third or
37.32subsequent time.
37.33A children's mental health screening is not required when a screening or diagnostic
37.34assessment has been performed within the previous 180 days, or the child is currently
37.35under the care of a mental health professional.
38.1(b) When a child is receiving protective services or is in out-of-home placement,
38.2the court or county agency must notify a parent or guardian whose parental rights have
38.3not been terminated of the potential mental health screening and the option to prevent the
38.4screening by notifying the court or county agency in writing.
38.5(c) When a child is found to be delinquent or a child is found to have committed a
38.6juvenile petty offense for the third or subsequent time, the court or county agency must
38.7obtain written informed consent from the parent or legal guardian before a screening is
38.8conducted unless the court, notwithstanding the parent's failure to consent, determines that
38.9the screening is in the child's best interest.
38.10(d) The screening shall be conducted with a screening instrument approved by
38.11the commissioner of human services according to criteria that are updated and issued
38.12annually to ensure that approved screening instruments are valid and useful for child
38.13welfare and juvenile justice populations. Screenings shall be conducted by a mental health
38.14practitioner as defined in section 245.4871, subdivision 26, or a probation officer or local
38.15social services agency staff person who is trained in the use of the screening instrument.
38.16Training in the use of the instrument shall include:
38.17(1) training in the administration of the instrument;
38.18(2) the interpretation of its validity given the child's current circumstances;
38.19(3) the state and federal data practices laws and confidentiality standards;
38.20(4) the parental consent requirement; and
38.21(5) providing respect for families and cultural values.
38.22If the screen indicates a need for assessment, the child's family, or if the family lacks
38.23mental health insurance, the local social services agency, in consultation with the child's
38.24family, shall have conducted a diagnostic assessment, including a functional assessment.
38.25The administration of the screening shall safeguard the privacy of children receiving
38.26the screening and their families and shall comply with the Minnesota Government Data
38.27Practices Act, chapter 13, and the federal Health Insurance Portability and Accountability
38.28Act of 1996, Public Law 104-191. Screening results shall be considered private data and
38.29the commissioner shall not collect individual screening results.
38.30    (e) When the county board refers clients to providers of children's therapeutic
38.31services and supports under section 256B.0943, the county board must clearly identify
38.32the desired services components not covered under section 256B.0943 and identify the
38.33reimbursement source for those requested services, the method of payment, and the
38.34payment rate to the provider.

39.1    Sec. 41. Minnesota Statutes 2014, section 245.4877, is amended to read:
39.2245.4877 EDUCATION AND PREVENTION SERVICES.
39.3Education and prevention services must be available to all children residing in the
39.4county. Education and prevention services must be designed to:
39.5(1) convey information regarding emotional disturbances, mental health needs,
39.6and treatment resources to the general public and groups identified as at high risk of
39.7developing emotional disturbance under section 245.4872, subdivision 3;
39.8(2) at least annually, distribute to individuals and agencies identified by the county
39.9board and the local children's mental health advisory council information on predictors
39.10and symptoms of emotional disturbances, where mental health services are available in
39.11the county, and how to access the services;
39.12(3) increase understanding and acceptance of problems associated with emotional
39.13disturbances;
39.14(4) improve people's skills in dealing with high-risk situations known to affect
39.15children's mental health and functioning;
39.16(5) prevent development or deepening of emotional disturbances; and
39.17(6) refer each child with emotional disturbance or the child's family with additional
39.18mental health needs to appropriate mental health services.

39.19    Sec. 42. Minnesota Statutes 2014, section 245.493, subdivision 1, is amended to read:
39.20    Subdivision 1. Qualification requirements. In order to qualify as a local children's
39.21mental health collaborative and be eligible to receive start-up funds, the representatives of
39.22the local system of care, including entities provided under section 245.4875, subdivision
39.236 , and nongovernmental entities such as parents of children in the target population; parent
39.24and consumer organizations; community, civic, and religious organizations; private and
39.25nonprofit mental and physical health care providers; culturally specific organizations; local
39.26foundations; and businesses, or at a minimum one county, one school district or special
39.27education cooperative, one mental health entity, and, by July 1, 1998, one juvenile justice
39.28or corrections entity, must agree to the following:
39.29(1) to establish a local children's mental health collaborative and develop an
39.30integrated service system;
39.31(2) to commit resources to providing services through the local children's mental
39.32health collaborative; and
39.33(3) develop a plan to contribute funds to the children's mental health collaborative.

39.34    Sec. 43. Minnesota Statutes 2014, section 245.493, subdivision 1a, is amended to read:
40.1    Subd. 1a. Duties of certain coordinating bodies. (a) By mutual agreement of the
40.2collaborative and a coordinating body listed in this subdivision, a children's mental health
40.3collaborative or a collaborative established by the merger of a children's mental health
40.4collaborative and a family services collaborative under section 124D.23, may assume
40.5the duties of a community transition interagency committee established under section
40.6125A.22 ; an interagency early intervention committee established under section 125A.30;
40.7or a local advisory council established under section 245.4875, subdivision 5; or a local
40.8coordinating council established under section 245.4875, subdivision 6.
40.9(b) Two or more family services collaboratives or children's mental health
40.10collaboratives may consolidate decision making, pool resources, and collectively act
40.11on behalf of the individual collaboratives, based on a written agreement among the
40.12participating collaboratives.

40.13    Sec. 44. Minnesota Statutes 2014, section 245.493, subdivision 2, is amended to read:
40.14    Subd. 2. Duties of the collaborative. Each local children's mental health
40.15collaborative must:
40.16(1) notify the commissioner of human services within ten days of formation by
40.17signing a collaborative agreement and providing the commissioner with a copy of the
40.18signed agreement;
40.19(2) identify a service delivery area and an operational target population within
40.20that service delivery area. The operational target population must be economically and
40.21culturally representative of children in the service delivery area to be served by the local
40.22children's mental health collaborative. The size of the operational target population must
40.23also be economically viable for the service delivery area;
40.24(3) seek to maximize federal revenues available to serve children in the target
40.25population by designating local expenditures for services for these children and their
40.26families that can be matched with federal dollars;
40.27(4) in consultation with the local children's advisory council and the local
40.28coordinating council, if it is not the local children's mental health collaborative, design,
40.29develop, and ensure implementation of an integrated service system that meets the
40.30requirements for state and federal reimbursement and develop interagency agreements
40.31necessary to implement the system;
40.32(5) expand membership to include representatives of other services in the local
40.33system of care including prepaid health plans under contract with the commissioner of
40.34human services to serve the needs of children in the target population and their families;
41.1(6) create or designate a management structure for fiscal and clinical responsibility
41.2and outcome evaluation;
41.3(7) spend funds generated by the local children's mental health collaborative as
41.4required in sections 245.491 to 245.495;
41.5(8) explore methods and recommend changes needed at the state level to reduce
41.6duplication and promote coordination of services including the use of uniform forms for
41.7reporting, billing, and planning of services;
41.8(9) submit its integrated service system design to the Children's Cabinet for approval
41.9within one year of notifying the commissioner of human services of its formation;
41.10(10) provide an annual report that includes the elements listed in section 245.494,
41.11subdivision 2 , and the collaborative's planned timeline to expand its operational target
41.12population to the Children's Cabinet; and
41.13(11) expand its operational target population.
41.14Each local children's mental health collaborative may contract with the commissioner
41.15of human services to become a medical assistance provider of mental health services
41.16according to section 245.4933.

41.17    Sec. 45. Minnesota Statutes 2014, section 245A.191, is amended to read:
41.18245A.191 PROVIDER ELIGIBILITY FOR PAYMENTS FROM THE
41.19CHEMICAL DEPENDENCY CONSOLIDATED TREATMENT FUND.
41.20(a) When a chemical dependency treatment provider licensed under Minnesota
41.21Rules, parts 2960.0430 to 2960.0490 or 9530.6405 to 9530.6505, agrees to meet the
41.22applicable requirements under section 254B.05, subdivision 5, paragraphs (b), clauses
41.23(1) to (4) and (6), (c), and (d) (e), to be eligible for enhanced funding from the chemical
41.24dependency consolidated treatment fund, the applicable requirements under section
41.25254B.05 are also licensing requirements that may be monitored for compliance through
41.26licensing investigations and licensing inspections.
41.27    (b) Noncompliance with the requirements identified under paragraph (a) may
41.28result in:
41.29    (1) a correction order or a conditional license under section 245A.06, or sanctions
41.30under section 245A.07;
41.31    (2) nonpayment of claims submitted by the license holder for public program
41.32reimbursement;
41.33    (3) recovery of payments made for the service;
41.34    (4) disenrollment in the public payment program; or
41.35    (5) other administrative, civil, or criminal penalties as provided by law.

42.1    Sec. 46. Minnesota Statutes 2014, section 245A.192, subdivision 11, is amended to read:
42.2    Subd. 11. Prescription monitoring program. (a) Upon admission to a methadone
42.3clinic outpatient treatment program, clients shall be notified that the Department of Human
42.4Services and the medical director will monitor the prescription monitoring program to
42.5review the prescribed controlled drugs the clients have received. The medical director or
42.6the medical director's delegate must review data from the Minnesota Board of Pharmacy
42.7prescription monitoring program (PMP) established under section 152.126 prior to the
42.8client being ordered any controlled substance as defined under section 152.126, subdivision
42.91, paragraph (b) (c), including medications used for the treatment of opioid addiction. The
42.10subsequent reviews of the PMP data must occur quarterly and be documented in the
42.11client's individual file. When the PMP data shows a recent history of multiple prescribers
42.12or multiple prescriptions for controlled substances, then subsequent reviews of the PMP
42.13data must occur monthly and be documented in the client's individual file. If, at any time,
42.14the medical director believes the use of the controlled substances places the client at risk
42.15of harm, the program must seek the client's consent to discuss the client's opioid treatment
42.16with other prescribers and must seek consent for the other prescriber to disclose to the
42.17opioid treatment program's medical director the client's condition that formed the basis of
42.18the other prescriptions. Additionally, any findings from the PMP data that are relevant to
42.19the medical director's course of treatment for the client must be documented in the client's
42.20individual file. A review of the PMP is not required for every medication dose adjustment.
42.21(b) The commissioner shall collaborate with the Minnesota Board of Pharmacy
42.22to develop and implement an electronic system through which the commissioner shall
42.23routinely access the data from the Minnesota Board of Pharmacy prescription monitoring
42.24program established under section 152.126 for the purpose of determining whether
42.25any client enrolled in an opioid addiction treatment program licensed according to this
42.26section has also been prescribed or dispensed a controlled substance in addition to
42.27that administered or dispensed by the opioid addiction treatment program. When the
42.28commissioner determines there have been multiple prescribers or multiple prescriptions of
42.29controlled substances, the commissioner shall:
42.30(1) inform the medical director of the opioid treatment program only that the
42.31commissioner determined the existence of multiple prescribers or multiple prescriptions of
42.32controlled substances; and
42.33(2) direct the medical director of the opioid treatment program to access the data
42.34directly, review the effect of the multiple prescribers or multiple prescriptions, and
42.35document the review.
43.1(c) If determined necessary, the commissioner shall seek a federal waiver of, or
43.2exception to, any applicable provision of Code of Federal Regulations, title 42, section
43.32.34(c), prior to implementing this subdivision.

43.4    Sec. 47. Minnesota Statutes 2014, section 245A.50, subdivision 4, is amended to read:
43.5    Subd. 4. Cardiopulmonary resuscitation. (a) When children are present in a
43.6family child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at
43.7least one caregiver must be present in the home who has been trained in cardiopulmonary
43.8resuscitation (CPR), including CPR techniques for infants and children, and in the
43.9treatment of obstructed airways that includes CPR techniques for infants and children.
43.10The CPR training must have been provided by an individual approved to provide CPR
43.11instruction, must be repeated at least once every two years, and must be documented
43.12in the staff person's caregiver's records.
43.13    (b) A family child care provider is exempt from the CPR training requirement in
43.14this subdivision related to any substitute caregiver who provides less than 30 hours of
43.15care during any 12-month period.
43.16    (c) Persons providing CPR training must use CPR training that has been developed:
43.17    (1) by the American Heart Association or the American Red Cross and incorporates
43.18psychomotor skills to support the instruction; or
43.19    (2) using nationally recognized, evidence-based guidelines for CPR training and
43.20incorporates psychomotor skills to support the instruction.

43.21    Sec. 48. Minnesota Statutes 2014, section 245C.03, subdivision 2, is amended to read:
43.22    Subd. 2. Personal care provider organizations and community first services and
43.23supports workers. The commissioner shall conduct background studies on any individual
43.24required under sections 256B.0651 to 256B.0654, and 256B.0659, and 256B.85 to have a
43.25background study completed under this chapter.

43.26    Sec. 49. Minnesota Statutes 2014, section 245C.22, subdivision 5, is amended to read:
43.27    Subd. 5. Scope of set-aside. (a) If the commissioner sets aside a disqualification
43.28under this section, the disqualified individual remains disqualified, but may hold a license
43.29and have direct contact with or access to persons receiving services. Except as provided in
43.30paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the
43.31licensed program, applicant, or agency specified in the set aside notice under section
43.32245C.23 . For personal care provider organizations, the commissioner's set-aside may
43.33further be limited to a specific individual who is receiving services. For new background
44.1studies required under section 245C.04, subdivision 1, paragraph (i) (g), if an individual's
44.2disqualification was previously set aside for the license holder's program and the new
44.3background study results in no new information that indicates the individual may pose a
44.4risk of harm to persons receiving services from the license holder, the previous set-aside
44.5shall remain in effect.
44.6(b) If the commissioner has previously set aside an individual's disqualification
44.7for one or more programs or agencies, and the individual is the subject of a subsequent
44.8background study for a different program or agency, the commissioner shall determine
44.9whether the disqualification is set aside for the program or agency that initiated the
44.10subsequent background study. A notice of a set-aside under paragraph (c) shall be issued
44.11within 15 working days if all of the following criteria are met:
44.12(1) the subsequent background study was initiated in connection with a program
44.13licensed or regulated under the same provisions of law and rule for at least one program
44.14for which the individual's disqualification was previously set aside by the commissioner;
44.15(2) the individual is not disqualified for an offense specified in section 245C.15,
44.16subdivision 1 or 2;
44.17(3) the commissioner has received no new information to indicate that the individual
44.18may pose a risk of harm to any person served by the program; and
44.19(4) the previous set-aside was not limited to a specific person receiving services.
44.20(c) When a disqualification is set aside under paragraph (b), the notice of background
44.21study results issued under section 245C.17, in addition to the requirements under section
44.22245C.17 , shall state that the disqualification is set aside for the program or agency that
44.23initiated the subsequent background study. The notice must inform the individual that the
44.24individual may request reconsideration of the disqualification under section 245C.21 on
44.25the basis that the information used to disqualify the individual is incorrect.

44.26    Sec. 50. Minnesota Statutes 2014, section 245D.061, subdivision 1, is amended to read:
44.27    Subdivision 1. Standards for emergency use of manual restraints. The license
44.28holder must ensure that emergency use of manual restraints complies with the requirements
44.29of this chapter and the license holder's policy and procedures as required under subdivision
44.3010 9. For the purposes of persons receiving services governed by this chapter, this section
44.31supersedes the requirements identified in Minnesota Rules, part 9525.2770.

44.32    Sec. 51. Minnesota Statutes 2014, section 253B.07, subdivision 7, is amended to read:
44.33    Subd. 7. Preliminary hearing. (a) No proposed patient may be held in a treatment
44.34facility under a judicial hold pursuant to subdivision 6 2b longer than 72 hours, exclusive
45.1of Saturdays, Sundays, and legal holidays, unless the court holds a preliminary hearing
45.2and determines that the standard is met to hold the person.
45.3(b) The proposed patient, patient's counsel, the petitioner, the county attorney, and
45.4any other persons as the court directs shall be given at least 24 hours written notice of
45.5the preliminary hearing. The notice shall include the alleged grounds for confinement.
45.6The proposed patient shall be represented at the preliminary hearing by counsel. The
45.7court may admit reliable hearsay evidence, including written reports, for the purpose of
45.8the preliminary hearing.
45.9(c) The court, on its motion or on the motion of any party, may exclude or excuse a
45.10proposed patient who is seriously disruptive or who is incapable of comprehending and
45.11participating in the proceedings. In such instances, the court shall, with specificity on the
45.12record, state the behavior of the proposed patient or other circumstances which justify
45.13proceeding in the absence of the proposed patient.
45.14(d) The court may continue the judicial hold of the proposed patient if it finds, by
45.15a preponderance of the evidence, that serious physical harm to the proposed patient or
45.16others is likely if the proposed patient is not immediately confined. If a proposed patient
45.17was acquitted of a crime against the person under section 611.026 immediately preceding
45.18the filing of the petition, the court may presume that serious physical harm to the patient or
45.19others is likely if the proposed patient is not immediately confined.
45.20(e) Upon a showing that a person subject to a petition for commitment may need
45.21treatment with neuroleptic medications and that the person may lack capacity to make
45.22decisions regarding that treatment, the court may appoint a substitute decision-maker
45.23as provided in section 253B.092, subdivision 6. The substitute decision-maker shall
45.24meet with the proposed patient and provider and make a report to the court at the hearing
45.25under section 253B.08 regarding whether the administration of neuroleptic medications
45.26is appropriate under the criteria of section 253B.092, subdivision 7. If the substitute
45.27decision-maker consents to treatment with neuroleptic medications and the proposed
45.28patient does not refuse the medication, neuroleptic medication may be administered to
45.29the patient. If the substitute decision-maker does not consent or the patient refuses,
45.30neuroleptic medication may not be administered without a court order, or in an emergency
45.31as set forth in section 253B.092, subdivision 3.

45.32    Sec. 52. Minnesota Statutes 2014, section 254B.05, subdivision 5, is amended to read:
45.33    Subd. 5. Rate requirements. (a) The commissioner shall establish rates for
45.34chemical dependency services and service enhancements funded under this chapter.
45.35(b) Eligible chemical dependency treatment services include:
46.1(1) outpatient treatment services that are licensed according to Minnesota Rules,
46.2parts 9530.6405 to 9530.6480, or applicable tribal license;
46.3(2) medication-assisted therapy services that are licensed according to Minnesota
46.4Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
46.5(3) medication-assisted therapy plus enhanced treatment services that meet the
46.6requirements of clause (2) and provide nine hours of clinical services each week;
46.7(4) high, medium, and low intensity residential treatment services that are licensed
46.8according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
46.9tribal license which provide, respectively, 30, 15, and five hours of clinical services each
46.10week;
46.11(5) hospital-based treatment services that are licensed according to Minnesota Rules,
46.12parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
46.13sections 144.50 to 144.56;
46.14(6) adolescent treatment programs that are licensed as outpatient treatment programs
46.15according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment
46.16programs according to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to
46.172960.0490, or applicable tribal license; and
46.18(7) room and board facilities that meet the requirements of section 254B.05,
46.19subdivision 1a.
46.20(c) The commissioner shall establish higher rates for programs that meet the
46.21requirements of paragraph (b) and the following additional requirements:
46.22(1) programs that serve parents with their children if the program:
46.23(i) provides on-site child care during hours of treatment activity that meets the
46.24requirements in Minnesota Rules, part 9530.6490, or section 245A.03, subdivision 2; or
46.25(ii) arranges for off-site child care during hours of treatment activity at a facility that
46.26is licensed under chapter 245A as:
46.27(A) a child care center under Minnesota Rules, chapter 9503; or
46.28(B) a family child care home under Minnesota Rules, chapter 9502;
46.29(2) culturally specific programs as defined in section 254B.01, subdivision 8 4a, if
46.30the program meets the requirements in Minnesota Rules, part 9530.6605, subpart 13;
46.31(3) programs that offer medical services delivered by appropriately credentialed
46.32health care staff in an amount equal to two hours per client per week if the medical
46.33needs of the client and the nature and provision of any medical services provided are
46.34documented in the client file; and
46.35(4) programs that offer services to individuals with co-occurring mental health and
46.36chemical dependency problems if:
47.1(i) the program meets the co-occurring requirements in Minnesota Rules, part
47.29530.6495;
47.3(ii) 25 percent of the counseling staff are licensed mental health professionals, as
47.4defined in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing
47.5candidates under the supervision of a licensed alcohol and drug counselor supervisor and
47.6licensed mental health professional, except that no more than 50 percent of the mental
47.7health staff may be students or licensing candidates with time documented to be directly
47.8related to provisions of co-occurring services;
47.9(iii) clients scoring positive on a standardized mental health screen receive a mental
47.10health diagnostic assessment within ten days of admission;
47.11(iv) the program has standards for multidisciplinary case review that include a
47.12monthly review for each client that, at a minimum, includes a licensed mental health
47.13professional and licensed alcohol and drug counselor, and their involvement in the review
47.14is documented;
47.15(v) family education is offered that addresses mental health and substance abuse
47.16disorders and the interaction between the two; and
47.17(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder
47.18training annually.
47.19(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
47.20that provides arrangements for off-site child care must maintain current documentation at
47.21the chemical dependency facility of the child care provider's current licensure to provide
47.22child care services. Programs that provide child care according to paragraph (c), clause
47.23(1), must be deemed in compliance with the licensing requirements in Minnesota Rules,
47.24part 9530.6490.
47.25(e) Adolescent residential programs that meet the requirements of Minnesota
47.26Rules, parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the
47.27requirements in paragraph (c), clause (4), items (i) to (iv).

47.28    Sec. 53. Minnesota Statutes 2014, section 256.01, subdivision 14b, is amended to read:
47.29    Subd. 14b. American Indian child welfare projects. (a) The commissioner of
47.30human services may authorize projects to test tribal delivery of child welfare services to
47.31American Indian children and their parents and custodians living on the reservation.
47.32The commissioner has authority to solicit and determine which tribes may participate
47.33in a project. Grants may be issued to Minnesota Indian tribes to support the projects.
47.34The commissioner may waive existing state rules as needed to accomplish the projects.
47.35Notwithstanding section 626.556, the commissioner may authorize projects to use
48.1alternative methods of investigating and assessing reports of child maltreatment, provided
48.2that the projects comply with the provisions of section 626.556 dealing with the rights
48.3of individuals who are subjects of reports or investigations, including notice and appeal
48.4rights and data practices requirements. The commissioner may seek any federal approvals
48.5necessary to carry out the projects as well as seek and use any funds available to the
48.6commissioner, including use of federal funds, foundation funds, existing grant funds,
48.7and other funds. The commissioner is authorized to advance state funds as necessary to
48.8operate the projects. Federal reimbursement applicable to the projects is appropriated
48.9to the commissioner for the purposes of the projects. The projects must be required to
48.10address responsibility for safety, permanency, and well-being of children.
48.11(b) For the purposes of this section, "American Indian child" means a person under 21
48.12years old and who is a tribal member or eligible for membership in one of the tribes chosen
48.13for a project under this subdivision and who is residing on the reservation of that tribe.
48.14(c) In order to qualify for an American Indian child welfare project, a tribe must:
48.15(1) be one of the existing tribes with reservation land in Minnesota;
48.16(2) have a tribal court with jurisdiction over child custody proceedings;
48.17(3) have a substantial number of children for whom determinations of maltreatment
48.18have occurred;
48.19(4) have capacity to respond to reports of abuse and neglect under section 626.556;
48.20(5) provide a wide range of services to families in need of child welfare services; and
48.21(6) have a tribal-state title IV-E agreement in effect.
48.22(d) Grants awarded under this section may be used for the nonfederal costs of
48.23providing child welfare services to American Indian children on the tribe's reservation,
48.24including costs associated with:
48.25(1) assessment and prevention of child abuse and neglect;
48.26(2) family preservation;
48.27(3) facilitative, supportive, and reunification services;
48.28(4) out-of-home placement for children removed from the home for child protective
48.29purposes; and
48.30(5) other activities and services approved by the commissioner that further the goals
48.31of providing safety, permanency, and well-being of American Indian children.
48.32(e) When a tribe has initiated a project and has been approved by the commissioner
48.33to assume child welfare responsibilities for American Indian children of that tribe under
48.34this section, the affected county social service agency is relieved of responsibility for
48.35responding to reports of abuse and neglect under section 626.556 for those children
48.36during the time within which the tribal project is in effect and funded. The commissioner
49.1shall work with tribes and affected counties to develop procedures for data collection,
49.2evaluation, and clarification of ongoing role and financial responsibilities of the county
49.3and tribe for child welfare services prior to initiation of the project. Children who have not
49.4been identified by the tribe as participating in the project shall remain the responsibility
49.5of the county. Nothing in this section shall alter responsibilities of the county for law
49.6enforcement or court services.
49.7(f) Participating tribes may conduct children's mental health screenings under section
49.8245.4874, subdivision 1 , paragraph (a), clause (13) (12), for children who are eligible for
49.9the initiative and living on the reservation and who meet one of the following criteria:
49.10(1) the child must be receiving child protective services;
49.11(2) the child must be in foster care; or
49.12(3) the child's parents must have had parental rights suspended or terminated.
49.13Tribes may access reimbursement from available state funds for conducting the screenings.
49.14Nothing in this section shall alter responsibilities of the county for providing services
49.15under section 245.487.
49.16(g) Participating tribes may establish a local child mortality review panel. In
49.17establishing a local child mortality review panel, the tribe agrees to conduct local child
49.18mortality reviews for child deaths or near-fatalities occurring on the reservation under
49.19subdivision 12. Tribes with established child mortality review panels shall have access
49.20to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c)
49.21to (e). The tribe shall provide written notice to the commissioner and affected counties
49.22when a local child mortality review panel has been established and shall provide data upon
49.23request of the commissioner for purposes of sharing nonpublic data with members of the
49.24state child mortality review panel in connection to an individual case.
49.25(h) The commissioner shall collect information on outcomes relating to child safety,
49.26permanency, and well-being of American Indian children who are served in the projects.
49.27Participating tribes must provide information to the state in a format and completeness
49.28deemed acceptable by the state to meet state and federal reporting requirements.
49.29    (i) In consultation with the White Earth Band, the commissioner shall develop
49.30and submit to the chairs and ranking minority members of the legislative committees
49.31with jurisdiction over health and human services a plan to transfer legal responsibility
49.32for providing child protective services to White Earth Band member children residing in
49.33Hennepin County to the White Earth Band. The plan shall include a financing proposal,
49.34definitions of key terms, statutory amendments required, and other provisions required to
49.35implement the plan. The commissioner shall submit the plan by January 15, 2012.

50.1    Sec. 54. Minnesota Statutes 2014, section 256.969, subdivision 8, is amended to read:
50.2    Subd. 8. Unusual length of stay experience. (a) The commissioner shall establish
50.3day outlier thresholds for each diagnostic category established under subdivision 2 at two
50.4standard deviations beyond the mean length of stay. Payment for the days beyond the outlier
50.5threshold shall be in addition to the operating and property payment rates per admission
50.6established under subdivisions 2 and 2b. Payment for outliers shall be at 70 percent of
50.7the allowable operating cost, after adjustment by the case mix index, hospital cost index,
50.8relative values and the disproportionate population adjustment. The outlier threshold for
50.9neonatal and burn diagnostic categories shall be established at one standard deviation
50.10beyond the mean length of stay, and payment shall be at 90 percent of allowable operating
50.11cost calculated in the same manner as other outliers. A hospital may choose an alternative
50.12to the 70 percent outlier payment that is at a minimum of 60 percent and a maximum of 80
50.13percent if the commissioner is notified in writing of the request by October 1 of the year
50.14preceding the rate year. The chosen percentage applies to all diagnostic categories except
50.15burns and neonates. The percentage of allowable cost that is unrecognized by the outlier
50.16payment shall be added back to the base year operating payment rate per admission.
50.17(b) Effective for transfers occurring on and after November 1, 2014, the
50.18commissioner shall establish payment rates for acute transfers outlier payments that are
50.19based on Medicare methodologies.

50.20    Sec. 55. Minnesota Statutes 2014, section 256.969, subdivision 23, is amended to read:
50.21    Subd. 23. Hospital payment adjustment after June 30, 1993. (a) For admissions
50.22occurring after June 30, 1993, the commissioner shall adjust the medical assistance
50.23payment paid to a hospital, excluding regional treatment centers and facilities of the
50.24federal Indian Health Service, with a medical assistance inpatient utilization rate in excess
50.25of the arithmetic mean. The adjustment must be determined as follows:
50.26(1) for a hospital with a medical assistance inpatient utilization rate above the
50.27arithmetic mean for all hospitals excluding regional treatment centers and facilities of the
50.28federal Indian Health Service, the adjustment must be determined by multiplying the total
50.29of the operating and property payment rates by the difference between the hospital's actual
50.30medical assistance inpatient utilization rate and the arithmetic mean for all hospitals
50.31excluding regional treatment centers and facilities of the federal Indian Health Service; and
50.32(2) for a hospital with a medical assistance inpatient utilization rate above one
50.33standard deviation above the mean, the adjustment must be determined by multiplying
50.34the adjustment under clause (1) for that hospital by 1.1.
51.1(b) Any payment under this subdivision must be reduced by the amount of any
51.2payment received under subdivision 9, paragraph (b) (a), clause (1) or (2). For purposes of
51.3this subdivision, medical assistance does not include general assistance medical care.
51.4(c) The commissioner shall adjust rates paid to a health maintenance organization
51.5under contract with the commissioner to reflect rate increases provided in this section. The
51.6adjustment must be made on a nondiscounted hospital-specific basis.

51.7    Sec. 56. Minnesota Statutes 2014, section 256B.0654, subdivision 2b, is amended to
51.8read:
51.9    Subd. 2b. Noncovered home care nursing services. Home care nursing services
51.10do not cover the following:
51.11(1) nursing services by a nurse who is the family foster care provider of a person
51.12who has not reached 18 years of age unless allowed under subdivision 4;
51.13(2) nursing services to more than two persons receiving shared home care nursing
51.14services from a home care nurse in a single setting; and
51.15(3) nursing services provided by a registered nurse or licensed practical nurse who is
51.16the recipient's legal guardian or related to the recipient as spouse, parent, or family foster
51.17parent whether by blood, marriage, or adoption except as specified in section 256B.0652,
51.18subdivision 4.

51.19    Sec. 57. Minnesota Statutes 2014, section 256B.199, is amended to read:
51.20256B.199 PAYMENTS REPORTED BY GOVERNMENTAL ENTITIES.
51.21    (a) The commissioner shall apply for federal matching funds for the expenditures
51.22in paragraphs (b) and (c).
51.23    (b) The commissioner shall apply for federal matching funds for certified public
51.24expenditures as follows:
51.25    (1) Hennepin County, Hennepin County Medical Center, Ramsey County, and
51.26Regions Hospital shall report quarterly to the commissioner beginning June 1, 2007,
51.27payments made during the second previous quarter that may qualify for reimbursement
51.28under federal law;
51.29    (2) based on these reports, the commissioner shall apply for federal matching
51.30funds; and
51.31    (3) by May 1 of each year, beginning May 1, 2007, the commissioner shall inform
51.32the nonstate entities listed in paragraph (a) of the amount of federal disproportionate share
51.33hospital payment money expected to be available in the current federal fiscal year.
52.1(c) For the period from April 1, 2009, to September 30, 2010, the commissioner
52.2shall apply for additional federal matching funds available as disproportionate share
52.3hospital payments under the American Recovery and Reinvestment Act of 2009. These
52.4funds shall be made available as the state share of payments. The entities required to
52.5report certified public expenditures under paragraph (b), clause (1), shall report additional
52.6certified public expenditures as necessary under this paragraph.
52.7(d) For services provided on or after September 1, 2011, the commissioner shall
52.8apply for additional federal matching funds available as disproportionate share hospital
52.9payments under the MinnesotaCare program. A hospital may elect on an annual basis to
52.10not be a disproportionate share hospital for purposes of this paragraph, if the hospital does
52.11not qualify for a payment under section 256.969, subdivision 9, paragraph (b) (a).

52.12    Sec. 58. Minnesota Statutes 2014, section 256B.76, subdivision 4, is amended to read:
52.13    Subd. 4. Critical access dental providers. (a) Effective for dental services
52.14rendered on or after January 1, 2002, the commissioner shall increase reimbursements
52.15to dentists and dental clinics deemed by the commissioner to be critical access dental
52.16providers. For dental services rendered on or after July 1, 2007, the commissioner shall
52.17increase reimbursement by 35 percent above the reimbursement rate that would otherwise
52.18be paid to the critical access dental provider. The commissioner shall pay the managed
52.19care plans and county-based purchasing plans in amounts sufficient to reflect increased
52.20reimbursements to critical access dental providers as approved by the commissioner.
52.21(b) The commissioner shall designate the following dentists and dental clinics as
52.22critical access dental providers:
52.23    (1) nonprofit community clinics that:
52.24(i) have nonprofit status in accordance with chapter 317A;
52.25(ii) have tax exempt status in accordance with the Internal Revenue Code, section
52.26501(c)(3);
52.27(iii) are established to provide oral health services to patients who are low income,
52.28uninsured, have special needs, and are underserved;
52.29(iv) have professional staff familiar with the cultural background of the clinic's
52.30patients;
52.31(v) charge for services on a sliding fee scale designed to provide assistance to
52.32low-income patients based on current poverty income guidelines and family size;
52.33(vi) do not restrict access or services because of a patient's financial limitations
52.34or public assistance status; and
52.35(vii) have free care available as needed;
53.1    (2) federally qualified health centers, rural health clinics, and public health clinics;
53.2    (3) city or county owned and operated hospital-based dental clinics;
53.3(4) a dental clinic or dental group owned and operated by a nonprofit corporation in
53.4accordance with chapter 317A with more than 10,000 patient encounters per year with
53.5patients who are uninsured or covered by medical assistance or MinnesotaCare;
53.6(5) a dental clinic owned and operated by the University of Minnesota or the
53.7Minnesota State Colleges and Universities system; and
53.8(6) private practicing dentists if:
53.9(i) the dentist's office is located within a health professional shortage area as defined
53.10under Code of Federal Regulations, title 42, part 5, and United States Code, title 42,
53.11section 254E;
53.12(ii) more than 50 percent of the dentist's patient encounters per year are with patients
53.13who are uninsured or covered by medical assistance or MinnesotaCare;
53.14(iii) the dentist does not restrict access or services because of a patient's financial
53.15limitations or public assistance status; and
53.16(iv) the level of service provided by the dentist is critical to maintaining adequate
53.17levels of patient access within the service area in which the dentist operates.
53.18(c) A designated critical access clinic shall receive the reimbursement rate specified
53.19in paragraph (a) for dental services provided off site at a private dental office if the
53.20following requirements are met:
53.21(1) the designated critical access dental clinic is located within a health professional
53.22shortage area as defined under Code of Federal Regulations, title 42, part 5, and United
53.23States Code, title 42, section 254E, and is located outside the seven-county metropolitan
53.24area;
53.25(2) the designated critical access dental clinic is not able to provide the service
53.26and refers the patient to the off-site dentist;
53.27(3) the service, if provided at the critical access dental clinic, would be reimbursed
53.28at the critical access reimbursement rate;
53.29(4) the dentist and allied dental professionals providing the services off site are
53.30licensed and in good standing under chapter 150A;
53.31(5) the dentist providing the services is enrolled as a medical assistance provider;
53.32(6) the critical access dental clinic submits the claim for services provided off site
53.33and receives the payment for the services; and
53.34(7) the critical access dental clinic maintains dental records for each claim submitted
53.35under this paragraph, including the name of the dentist, the off-site location, and the
53.36license number of the dentist and allied dental professionals providing the services.

54.1    Sec. 59. Minnesota Statutes 2014, section 256J.14, is amended to read:
54.2256J.14 ELIGIBILITY FOR PARENTING OR PREGNANT MINORS.
54.3(a) The definitions in this paragraph only apply to this subdivision section.
54.4(1) "Household of a parent, legal guardian, or other adult relative" means the place
54.5of residence of:
54.6(i) a natural or adoptive parent;
54.7(ii) a legal guardian according to appointment or acceptance under sections
54.8260C.325 or 524.5-201 to 524.5-317, and related laws;
54.9(iii) a caregiver as defined in section 256J.08, subdivision 11; or
54.10(iv) an appropriate adult relative designated by a county agency.
54.11(2) "Adult supervised supportive living arrangement" means a private family setting
54.12which assumes responsibility for the care and control of the minor parent and minor
54.13child, or other living arrangement, not including a public institution, licensed by the
54.14commissioner of human services which ensures that the minor parent receives adult
54.15supervision and supportive services, such as counseling, guidance, independent living
54.16skills training, or supervision.
54.17(b) A minor parent and the minor child who is in the care of the minor parent must
54.18reside in the household of a parent, legal guardian, other adult relative, or in an adult
54.19supervised supportive living arrangement in order to receive MFIP unless:
54.20(1) the minor parent has no living parent, other adult relative, or legal guardian
54.21whose whereabouts is known;
54.22(2) no living parent, other adult relative, or legal guardian of the minor parent allows
54.23the minor parent to live in the parent's, other adult relative's, or legal guardian's home;
54.24(3) the minor parent lived apart from the minor parent's own parent or legal guardian
54.25for a period of at least one year before either the birth of the minor child or the minor
54.26parent's application for MFIP;
54.27(4) the physical or emotional health or safety of the minor parent or minor child
54.28would be jeopardized if the minor parent and the minor child resided in the same residence
54.29with the minor parent's parent, other adult relative, or legal guardian; or
54.30(5) an adult supervised supportive living arrangement is not available for the minor
54.31parent and child in the county in which the minor parent and child currently reside. If an
54.32adult supervised supportive living arrangement becomes available within the county, the
54.33minor parent and child must reside in that arrangement.
54.34(c) The county agency shall inform minor applicants both orally and in writing about
54.35the eligibility requirements, their rights and obligations under the MFIP program, and
54.36any other applicable orientation information. The county must advise the minor of the
55.1possible exemptions under section 256J.54, subdivision 5, and specifically ask whether
55.2one or more of these exemptions is applicable. If the minor alleges one or more of these
55.3exemptions, then the county must assist the minor in obtaining the necessary verifications
55.4to determine whether or not these exemptions apply.
55.5(d) If the county worker has reason to suspect that the physical or emotional health
55.6or safety of the minor parent or minor child would be jeopardized if they resided with the
55.7minor parent's parent, other adult relative, or legal guardian, then the county worker must
55.8make a referral to child protective services to determine if paragraph (b), clause (4),
55.9applies. A new determination by the county worker is not necessary if one has been made
55.10within the last six months, unless there has been a significant change in circumstances
55.11which justifies a new referral and determination.
55.12(e) If a minor parent is not living with a parent, legal guardian, or other adult relative
55.13due to paragraph (b), clause (1), (2), or (4), the minor parent must reside, when possible,
55.14in a living arrangement that meets the standards of paragraph (a), clause (2).
55.15(f) Regardless of living arrangement, MFIP must be paid, when possible, in the
55.16form of a protective payment on behalf of the minor parent and minor child according to
55.17section 256J.39, subdivisions 2 to 4.

55.18    Sec. 60. Minnesota Statutes 2014, section 256J.21, subdivision 2, is amended to read:
55.19    Subd. 2. Income exclusions. The following must be excluded in determining a
55.20family's available income:
55.21    (1) payments for basic care, difficulty of care, and clothing allowances received for
55.22providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
55.23to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, payments for family foster care
55.24for children under section 260C.4411 or chapter 256N, and payments received and used
55.25for care and maintenance of a third-party beneficiary who is not a household member;
55.26    (2) reimbursements for employment training received through the Workforce
55.27Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
55.28    (3) reimbursement for out-of-pocket expenses incurred while performing volunteer
55.29services, jury duty, employment, or informal carpooling arrangements directly related to
55.30employment;
55.31    (4) all educational assistance, except the county agency must count graduate student
55.32teaching assistantships, fellowships, and other similar paid work as earned income and,
55.33after allowing deductions for any unmet and necessary educational expenses, shall
55.34count scholarships or grants awarded to graduate students that do not require teaching
55.35or research as unearned income;
56.1    (5) loans, regardless of purpose, from public or private lending institutions,
56.2governmental lending institutions, or governmental agencies;
56.3    (6) loans from private individuals, regardless of purpose, provided an applicant or
56.4participant documents that the lender expects repayment;
56.5    (7)(i) state income tax refunds; and
56.6    (ii) federal income tax refunds;
56.7    (8)(i) federal earned income credits;
56.8    (ii) Minnesota working family credits;
56.9    (iii) state homeowners and renters credits under chapter 290A; and
56.10    (iv) federal or state tax rebates;
56.11    (9) funds received for reimbursement, replacement, or rebate of personal or real
56.12property when these payments are made by public agencies, awarded by a court, solicited
56.13through public appeal, or made as a grant by a federal agency, state or local government,
56.14or disaster assistance organizations, subsequent to a presidential declaration of disaster;
56.15    (10) the portion of an insurance settlement that is used to pay medical, funeral, and
56.16burial expenses, or to repair or replace insured property;
56.17    (11) reimbursements for medical expenses that cannot be paid by medical assistance;
56.18    (12) payments by a vocational rehabilitation program administered by the state
56.19under chapter 268A, except those payments that are for current living expenses;
56.20    (13) in-kind income, including any payments directly made by a third party to a
56.21provider of goods and services;
56.22    (14) assistance payments to correct underpayments, but only for the month in which
56.23the payment is received;
56.24    (15) payments for short-term emergency needs under section 256J.626, subdivision 2;
56.25    (16) funeral and cemetery payments as provided by section 256.935;
56.26    (17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
56.27a calendar month;
56.28    (18) any form of energy assistance payment made through Public Law 97-35,
56.29Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
56.30providers by other public and private agencies, and any form of credit or rebate payment
56.31issued by energy providers;
56.32    (19) Supplemental Security Income (SSI), including retroactive SSI payments and
56.33other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
56.34    (20) Minnesota supplemental aid, including retroactive payments;
56.35    (21) proceeds from the sale of real or personal property;
57.1    (22) adoption or kinship assistance payments under chapter 256N or 259A and
57.2Minnesota permanency demonstration title IV-E waiver payments;
57.3    (23) state-funded family subsidy program payments made under section 252.32 to
57.4help families care for children with developmental disabilities, consumer support grant
57.5funds under section 256.476, and resources and services for a disabled household member
57.6under one of the home and community-based waiver services programs under chapter 256B;
57.7    (24) interest payments and dividends from property that is not excluded from and
57.8that does not exceed the asset limit;
57.9    (25) rent rebates;
57.10    (26) income earned by a minor caregiver, minor child through age 6, or a minor
57.11child who is at least a half-time student in an approved elementary or secondary education
57.12program;
57.13    (27) income earned by a caregiver under age 20 who is at least a half-time student in
57.14an approved elementary or secondary education program;
57.15    (28) MFIP child care payments under section 119B.05;
57.16    (29) all other payments made through MFIP to support a caregiver's pursuit of
57.17greater economic stability;
57.18    (30) income a participant receives related to shared living expenses;
57.19    (31) reverse mortgages;
57.20    (32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
57.2142, chapter 13A, sections 1771 to 1790;
57.22    (33) benefits provided by the women, infants, and children (WIC) nutrition program,
57.23United States Code, title 42, chapter 13A, section 1786;
57.24    (34) benefits from the National School Lunch Act, United States Code, title 42,
57.25chapter 13, sections 1751 to 1769e;
57.26    (35) relocation assistance for displaced persons under the Uniform Relocation
57.27Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
57.2842, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
57.29Code, title 12, chapter 13, sections 1701 to 1750jj;
57.30    (36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
57.3112, part 2, sections 2271 to 2322;
57.32    (37) war reparations payments to Japanese Americans and Aleuts under United
57.33States Code, title 50, sections 1989 to 1989d;
57.34    (38) payments to veterans or their dependents as a result of legal settlements
57.35regarding Agent Orange or other chemical exposure under Public Law 101-239, section
57.3610405, paragraph (a)(2)(E);
58.1    (39) income that is otherwise specifically excluded from MFIP consideration in
58.2federal law, state law, or federal regulation;
58.3    (40) security and utility deposit refunds;
58.4    (41) American Indian tribal land settlements excluded under Public Laws 98-123,
58.598-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
58.6Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
58.7under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
58.8    (42) all income of the minor parent's parents and stepparents when determining the
58.9grant for the minor parent in households that include a minor parent living with parents or
58.10stepparents on MFIP with other children;
58.11    (43) income of the minor parent's parents and stepparents equal to 200 percent of the
58.12federal poverty guideline for a family size not including the minor parent and the minor
58.13parent's child in households that include a minor parent living with parents or stepparents
58.14not on MFIP when determining the grant for the minor parent. The remainder of income is
58.15deemed as specified in section 256J.37, subdivision 1b;
58.16    (44) payments made to children eligible for relative custody assistance under section
58.17257.85 ;
58.18    (45) vendor payments for goods and services made on behalf of a client unless the
58.19client has the option of receiving the payment in cash;
58.20    (46) the principal portion of a contract for deed payment;
58.21    (47) cash payments to individuals enrolled for full-time service as a volunteer under
58.22AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
58.23National, and AmeriCorps NCCC; and
58.24    (48) housing assistance grants under section 256J.35, paragraph (a).
58.25EFFECTIVE DATE.This section is effective retroactively from January 1, 2015.

58.26    Sec. 61. Minnesota Statutes 2014, section 256J.61, is amended to read:
58.27256J.61 REPORTING REQUIREMENTS.
58.28The commissioner of human services, in cooperation with the commissioner of
58.29employment and economic development, shall develop reporting requirements for county
58.30agencies and employment and training service providers according to section 256.01,
58.31subdivision 2 , paragraph (17) (q). Reporting requirements must, to the extent possible,
58.32use existing client tracking systems and must be within the limits of funds available.
58.33The requirements must include summary information necessary for state agencies and
58.34the legislature to evaluate the effectiveness of the services.

59.1    Sec. 62. Minnesota Statutes 2014, section 260B.185, subdivision 1, is amended to read:
59.2    Subdivision 1. Detention. Before July 1, 1999, and pursuant to a request from an
59.3eight-day temporary holdover facility, as defined in Minnesota Statutes 1998, section
59.4241.0221 , the commissioner of corrections, or the commissioner's designee, may grant a
59.5onetime extension per child to the eight-day limit on detention under this chapter. This
59.6extension may allow such a facility to detain a child for up to 30 days including weekends
59.7and holidays. Upon the expiration of the extension, the child may not be transferred to
59.8another eight-day temporary holdover facility. The commissioner shall develop criteria
59.9for granting extensions under this section. These criteria must ensure that the child be
59.10transferred to a long-term juvenile detention facility as soon as such a transfer is possible.
59.11Nothing in this section changes the requirements in section 260B.178 regarding the
59.12necessity of detention hearings to determine whether continued detention of the child
59.13is proper.

59.14    Sec. 63. Minnesota Statutes 2014, section 268.046, subdivision 1, is amended to read:
59.15    Subdivision 1. Tax accounts assigned. (a) Any person that contracts with a
59.16taxpaying employer to have that person obtain the taxpaying employer's workforce and
59.17provide workers to the taxpaying employer for a fee is, as of the effective date of the
59.18contract, assigned for the duration of the contract the taxpaying employer's account under
59.19section 268.045. That tax account must be maintained by the person separate and distinct
59.20from every other tax account held by the person and identified in a manner prescribed by
59.21the commissioner. The tax account is, for the duration of the contract, considered that
59.22person's account for all purposes of this chapter. The workers obtained from the taxpaying
59.23employer and any other workers provided by that person to the taxpaying employer,
59.24including officers of the taxpaying employer as defined in section 268.035, subdivision
59.2520 , clause (30) (29), whose wages paid by the person are considered paid in covered
59.26employment under section 268.035, subdivision 24, for the duration of the contract
59.27between the taxpaying employer and the person, must, under section 268.044, be reported
59.28on the wage detail report under that tax account, and that person must pay any taxes due at
59.29the tax rate computed for that account under section 268.051, subdivision 2.
59.30    (b) Any workers of the taxpaying employer who are not covered by the contract
59.31under paragraph (a) must be reported by the taxpaying employer as a separate unit on the
59.32wage detail report under the tax account assigned under paragraph (a). Taxes and any
59.33other amounts due on the wages reported by the taxpaying employer under this paragraph
59.34may be paid directly by the taxpaying employer.
60.1    (c) If the taxpaying employer that contracts with a person under paragraph (a) does
60.2not have a tax account at the time of the execution of the contract, an account must be
60.3registered for the taxpaying employer under section 268.042 and the new employer tax
60.4rate under section 268.051, subdivision 5, must be assigned. The tax account is then
60.5assigned to the person as provided for in paragraph (a).
60.6    (d) A person that contracts with a taxpaying employer under paragraph (a)
60.7must, within 30 calendar days of the execution or termination of a contract, notify the
60.8commissioner by electronic transmission, in a format prescribed by the commissioner,
60.9of that execution or termination. The taxpaying employer's name, the account number
60.10assigned, and any other information required by the commissioner must be provided
60.11by that person.
60.12    (e) Any contract subject to paragraph (a) must specifically inform the taxpaying
60.13employer of the assignment of the tax account under this section and the taxpaying
60.14employer's obligation under paragraph (b). If there is a termination of the contract, the tax
60.15account is, as of the date of termination, immediately assigned to the taxpaying employer.

60.16    Sec. 64. Minnesota Statutes 2014, section 297A.68, subdivision 2, is amended to read:
60.17    Subd. 2. Materials consumed in industrial production. (a) Materials stored, used,
60.18or consumed in industrial production of tangible personal property intended to be sold
60.19ultimately at retail, are exempt, whether or not the item so used becomes an ingredient
60.20or constituent part of the property produced. Materials that qualify for this exemption
60.21include, but are not limited to, the following:
60.22(1) chemicals, including chemicals used for cleaning food processing machinery
60.23and equipment;
60.24(2) materials, including chemicals, fuels, and electricity purchased by persons
60.25engaged in industrial production to treat waste generated as a result of the production
60.26process;
60.27(3) fuels, electricity, gas, and steam used or consumed in the production process,
60.28except that electricity, gas, or steam used for space heating, cooling, or lighting is exempt
60.29if (i) it is in excess of the average climate control or lighting for the production area, and
60.30(ii) it is necessary to produce that particular product;
60.31(4) petroleum products and lubricants;
60.32(5) packaging materials, including returnable containers used in packaging food
60.33and beverage products;
61.1(6) accessory tools, equipment, and other items that are separate detachable units
61.2with an ordinary useful life of less than 12 months used in producing a direct effect upon
61.3the product; and
61.4(7) the following materials, tools, and equipment used in metal-casting: crucibles,
61.5thermocouple protection sheaths and tubes, stalk tubes, refractory materials, molten metal
61.6filters and filter boxes, degassing lances, and base blocks.
61.7(b) This exemption does not include:
61.8(1) machinery, equipment, implements, tools, accessories, appliances, contrivances
61.9and furniture and fixtures, except those listed in paragraph (a), clause (6); and
61.10(2) petroleum and special fuels used in producing or generating power for propelling
61.11ready-mixed concrete trucks on the public highways of this state.
61.12(c) Industrial production includes, but is not limited to, research, development,
61.13design or production of any tangible personal property, manufacturing, processing (other
61.14than by restaurants and consumers) of agricultural products (whether vegetable or animal),
61.15commercial fishing, refining, smelting, reducing, brewing, distilling, printing, mining,
61.16quarrying, lumbering, generating electricity, the production of road building materials,
61.17and the research, development, design, or production of computer software. Industrial
61.18production does not include painting, cleaning, repairing or similar processing of property
61.19except as part of the original manufacturing process.
61.20(d) Industrial production does not include:
61.21(1) the furnishing of services listed in section 297A.61, subdivision 3, paragraph (g),
61.22clause (6), items (i) to (vi) and (viii), or paragraph (m); or
61.23(2) the transportation, transmission, or distribution of petroleum, liquefied gas,
61.24natural gas, water, or steam, in, by, or through pipes, lines, tanks, mains, or other means of
61.25transporting those products. For purposes of this paragraph, "transportation, transmission,
61.26or distribution" does not include blending of petroleum or biodiesel fuel as defined
61.27in section 239.77.

61.28    Sec. 65. Minnesota Statutes 2014, section 297E.02, subdivision 6, is amended to read:
61.29    Subd. 6. Combined net receipts tax. (a) In addition to the taxes imposed under
61.30subdivision 1, a tax is imposed on the combined net receipts of the organization. As used
61.31in this section, "combined net receipts" is the sum of the organization's gross receipts
61.32from lawful gambling less gross receipts directly derived from the conduct of paper
61.33bingo, raffles, and paddlewheels, as defined in section 297E.01, subdivision 8, and less
61.34the net prizes actually paid, other than prizes actually paid for paper bingo, raffles, and
62.1paddlewheels, for the fiscal year. The combined net receipts of an organization are subject
62.2to a tax computed according to the following schedule:

62.3 62.4 62.5		If the combined net receipts for the fiscal year are:		The tax is:
62.6		Not over $87,500		nine percent
62.7 62.8		Over $87,500, but not over $122,500		$7,875 plus 18 percent of the amount over $87,500, but not over $122,500
62.9 62.10		Over $122,500, but not over $157,500		$14,175 plus 27 percent of the amount over $122,500, but not over $157,500
62.11 62.12		Over $157,500		$23,625 plus 36 percent of the amount over $157,500

62.13(b) On or before April 1, 2016, the commissioner shall estimate the total amount of
62.14revenue, including interest and penalties, that will be collected for fiscal year 2016 from
62.15taxes imposed under this chapter. If the amount estimated by the commissioner equals
62.16or exceeds $94,800,000, the commissioner shall certify that effective July 1, 2016, the
62.17rates under this paragraph apply in lieu of the rates under paragraph (a) and shall publish a
62.18notice to that effect in the State Register and notify each taxpayer by June 1, 2016. If the
62.19rates under this section apply, the combined net receipts of an organization are subject to a
62.20tax computed according to the following schedule:

62.21 62.22 62.23		If the combined net receipts for the fiscal year are:		The tax is:
62.24		Not over $87,500		8.5 percent
62.25 62.26		Over $87,500, but not over $122,500		$7,438 plus 17 percent of the amount over $87,500, but not over $122,500
62.27 62.28 62.29		Over $122,500, but not over $157,500		$13,388 plus 25.5 percent of the amount over $122,500, but not over $157,500
62.30 62.31		Over $157,500		$22,313 plus 34 percent of the amount over $157,500

62.32(c) Gross receipts derived from sports-themed tipboards are exempt from taxation
62.33under this section. For purposes of this paragraph, a sports-themed tipboard means a
62.34sports-themed tipboard as defined in section 349.12, subdivision 34, under which the
62.35winning numbers are determined by the numerical outcome of a professional sporting event.

62.36    Sec. 66. Minnesota Statutes 2014, section 299C.61, subdivision 4, is amended to read:
62.37    Subd. 4. Child abuse crime. "Child abuse crime" means:
62.38(1) an act committed against a minor victim that constitutes a violation of section
62.39609.185 , paragraph (a), clause (5); 609.221; 609.222; 609.223; 609.224; 609.2242;
62.40609.322 ; 609.324; 609.342; 609.343; 609.344; 609.345; 609.352; 609.377; or 609.378; or
63.1(2) a violation of section 152.021, subdivision 1, clause (4); 152.022, subdivision 1,
63.2clause (5) or (6); 152.023, subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause
63.3(4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4).

63.4    Sec. 67. Minnesota Statutes 2014, section 299F.01, subdivision 2, is amended to read:
63.5    Subd. 2. Division created; state fire marshal. A division in the Department of
63.6Public Safety to be known as the Division of Fire Marshal is hereby created, under the
63.7supervision and control of the state fire marshal, to whom shall be assigned the duties and
63.8responsibilities described in this section chapter. The commissioner may place the fire
63.9marshal's position in the unclassified service if the position meets the criteria of section
63.1043A.08, subdivision 1a .

63.11    Sec. 68. Minnesota Statutes 2014, section 299L.02, subdivision 5, is amended to read:
63.12    Subd. 5. Background checks. In any background check required to be conducted
63.13by the division under this chapter, chapter 240, 349, 349A, or section 3.9221, the director
63.14may, or shall when required by law, require that fingerprints be taken and the director may
63.15forward the fingerprints to the Federal Bureau of Investigation for the conducting of
63.16a national criminal history check. The director may charge a fee of $15 for fingerprint
63.17recording and investigation under section 3.9221.

63.18    Sec. 69. Minnesota Statutes 2014, section 299L.07, subdivision 5, is amended to read:
63.19    Subd. 5. Investigation. Before a license under this section is granted, the director
63.20may conduct a background and financial investigation of the applicant, including the
63.21applicant's sources of financing. The director may, or shall when required by law, require
63.22that fingerprints be taken and the director may forward the fingerprints to the Federal
63.23Bureau of Investigation for a national criminal history check. The director may charge an
63.24investigation fee of $15 to cover the cost of the investigation. Of this fee, $7 from each
63.25charge shall be deposited in the general fund.

63.26    Sec. 70. Minnesota Statutes 2014, section 322C.0102, subdivision 6, is amended to read:
63.27    Subd. 6. Debtor in bankruptcy. "Debtor in bankruptcy" means a person that is
63.28the subject of:
63.29(1) an order for relief under United States Code, title 12 11, or a successor statute
63.30of general application; or
63.31(2) a comparable order under federal, state, or foreign law governing insolvency.

64.1    Sec. 71. Minnesota Statutes 2014, section 325D.40, subdivision 2, is amended to read:
64.2    Subd. 2. Government agency sales. All state, municipal and other governmental
64.3agencies shall be governed by the Minnesota Unfair Cigarette Sales Act, and no such
64.4agency of government shall accept any bid offer which is below the "cost to wholesaler"
64.5as defined by section 325D.32, subdivision 10, clause (1) paragraph (a), nor shall sell such
64.6cigarettes at a cost less than provided for in section 325D.32, subdivision 11.

64.7    Sec. 72. Minnesota Statutes 2014, section 325E.028, subdivision 4, is amended to read:
64.8    Subd. 4. Income verification. Verification of income may be conducted by the
64.9local energy assistance provider or the municipal utility, cooperative electric association,
64.10or public utility unless the customer is automatically eligible for protection against
64.11disconnection as a recipient of any form of public assistance, including energy assistance
64.12that uses income eligibility in an amount at or below the income eligibility in subdivision
64.131, paragraph (a), clause (1).

64.14    Sec. 73. Minnesota Statutes 2014, section 326B.04, subdivision 2, is amended to read:
64.15    Subd. 2. Deposits. Unless otherwise specifically designated by law: (1) all money
64.16collected under sections 144.122, paragraph (f); 181.723; 326B.092 to 326B.096;
64.17326B.101 to 326B.194; 326B.197; 326B.32 to 326B.399; 326B.43 to 326B.49; 326B.52
64.18to 326B.59; 326B.701; 326B.802 to 326B.885; 326B.90 to 326B.998; 327.31 to 327.36;
64.19and 327B.01 to 327B.12, except penalties, is credited to the construction code fund; (2)
64.20all fees collected under sections 326B.098 to 326B.099 in connection with continuing
64.21education for any license, registration, or certificate issued pursuant to this chapter are
64.22credited to the construction code fund; and (3) all penalties assessed under the sections set
64.23forth in clauses (1) and (2) and all penalties assessed under sections 144.99 to 144.993
64.24in connection with any violation of sections 326B.43 to 326B.49 or 326B.52 to 326B.59
64.25or the rules adopted under those sections are credited to the assigned risk safety account
64.26established by section 79.253.

64.27    Sec. 74. Minnesota Statutes 2014, section 403.09, subdivision 3, is amended to read:
64.28    Subd. 3. Dispute resolution. Disputes between parties must be resolved pursuant to
64.29section 403.025, subdivision 7, paragraph (d) (c).

64.30    Sec. 75. Minnesota Statutes 2014, section 412.014, is amended to read:
64.31412.014 POWER TO OPERATE TELEPHONE LINES.
65.1Any statutory city heretofore or hereafter incorporated, in the territory of which
65.2previous to such incorporation telephone lines have been constructed and operated by a
65.3town as authorized by Minnesota Statutes 2012, sections 237.33 to 237.40, is hereby
65.4authorized to continue to operate such telephone lines and the city shall have all the
65.5powers granted to towns and the council shall have all of the powers granted to boards of
65.6supervisors under Minnesota Statutes 2012, sections 237.33 to 237.40.

65.7    Sec. 76. Minnesota Statutes 2014, section 466A.01, subdivision 6, is amended to read:
65.8    Subd. 6. Assisted housing. "Assisted housing" means:
65.9(1) the housing is either owned or under the control of a housing agency and is used
65.10in a manner authorized by sections 469.001 to 469.047;
65.11(2) the housing is defined as an emergency shelter or transitional housing under
65.12section 272.02, subdivision 13 or 20;
65.13(3) the housing is classified as class 5c property under section 273.13, subdivision
65.1425 , paragraph (c), clause (4); or
65.15(4) (3) the housing is a building that receives a low-income housing credit under
65.16section 242 of the Internal Revenue Code of 1986; or which meets the requirements of
65.17that section, and was under construction or rehabilitation prior to May 1, 1988.

65.18    Sec. 77. Minnesota Statutes 2014, section 471.87, is amended to read:
65.19471.87 PUBLIC OFFICERS, INTEREST IN CONTRACT; PENALTY.
65.20Except as authorized in section 123B.195 or 471.88, a public officer who is
65.21authorized to take part in any manner in making any sale, lease, or contract in official
65.22capacity shall not voluntarily have a personal financial interest in that sale, lease, or
65.23contract or personally benefit financially therefrom. Every public officer who violates this
65.24provision is guilty of a gross misdemeanor.

65.25    Sec. 78. Minnesota Statutes 2014, section 473.604, subdivision 3, is amended to read:
65.26    Subd. 3. Resolution of appointment; oath. The clerk, secretary, or other
65.27appropriate official of each appointing public body shall immediately file with the
65.28secretary of state a certified copy of each resolution appointing commissioners. The city
65.29clerk of each city, upon the election and qualification of each new mayor thereof, shall
65.30file with the secretary of state a certificate stating the mayor's full name and address, and
65.31that such mayor has elected to act as a commissioner, or, in the event such mayor has
65.32appointed some other qualified voter instead, shall file a certified copy of the order of the
65.33mayor appointing such commissioner. The governor shall file appointments in the same
66.1office. Each person selected as a commissioner shall thereupon file in the same office the
66.2oath of office prescribed by the state Constitution, article V, section 5 6, subscribed by the
66.3person and certified by the officer administering the same.

66.4    Sec. 79. Minnesota Statutes 2014, section 477A.011, subdivision 30, is amended to read:
66.5    Subd. 30. Pre-1940 housing percentage. (a) Except as provided in paragraph (b),
66.6"pre-1940 housing percentage" for a city is 100 times the most recent count by the United
66.7States Bureau of the Census of all housing units in the city built before 1940, divided by
66.8the total number of all housing units in the city. Housing units includes both occupied and
66.9vacant housing units as defined by the federal census. For aids payable in 2014, "pre-1940
66.10housing percentage" shall be based on 2010 housing data.
66.11    (b) For the city of East Grand Forks only, "pre-1940 housing percentage" is equal
66.12to 100 times the 1990 federal census count of all housing units in the city built before
66.131940, divided by the most recent count by the United States Bureau of the Census of all
66.14housing units in the city. Housing units includes both occupied and vacant housing units
66.15as defined by the federal census.

66.16    Sec. 80. Minnesota Statutes 2014, section 477A.011, subdivision 30a, is amended to
66.17read:
66.18    Subd. 30a. Percent of housing built between 1940 and 1970. "Percent of housing
66.19built between 1940 and 1970" is equal to 100 times the most recent count by the United
66.20States Bureau of the Census of all housing units in the city built after 1939 but before
66.211970, divided by the total number of all housing units in the city. Housing units includes
66.22both occupied and vacant housing units as defined by the federal census. For aids payable
66.23in 2014, "percent of housing built between 1940 and 1970" shall be based on 2010
66.24housing data.

66.25    Sec. 81. Minnesota Statutes 2014, section 477A.011, subdivision 42, is amended to read:
66.26    Subd. 42. Jobs per capita. "Jobs per capita in the city" means (1) the average
66.27annual number of employees in the city based on the data from the Quarterly Census of
66.28Employment and Wages, as reported by the Department of Employment and Economic
66.29Development, for the most recent calendar year available November 1 of every
66.30odd-numbered year, divided by (2) the city's population for the same calendar year as the
66.31employment data. The commissioner of the Department of Employment and Economic
66.32Development shall certify to the city the average annual number of employees for each
66.33city by January 1 of every even-numbered year beginning with January 1, 2014. A city
67.1may challenge an estimate under this paragraph by filing its specific objection, including
67.2the names of employers that it feels may have misreported data, in writing with the
67.3commissioner by December 1 of every odd-numbered year. The commissioner shall make
67.4every reasonable effort to address the specific objection and adjust the data as necessary.
67.5The commissioner shall certify the estimates of the annual employment to the commissioner
67.6of revenue by January 1 of all even-numbered years, including any estimates still under
67.7objection. For aids payable in 2014, "jobs per capita" shall be based on the annual number
67.8of employees and population for calendar year 2010 without additional review.

67.9    Sec. 82. Minnesota Statutes 2014, section 477A.013, subdivision 8, is amended to read:
67.10    Subd. 8. City formula aid. (a) For aids payable in 2014 only, the formula aid for a
67.11city is equal to the sum of (1) its 2013 certified aid, and (2) the product of (i) the difference
67.12between its unmet need and its 2013 certified aid, and (ii) the aid gap percentage.
67.13    (b) (a) For aids payable in 2015 and thereafter, the formula aid for a city is equal
67.14to the sum of (1) its formula aid in the previous year and (2) the product of (i) the
67.15difference between its unmet need and its formula aid in the previous year, and (ii) the
67.16aid gap percentage.
67.17    (c) (b) For aids payable in 2015 and thereafter, if a city's certified aid from the
67.18previous year is greater than the sum of its unmet need plus its aid adjustment under
67.19subdivision 13, its formula aid is adjusted to equal its unmet need.
67.20    (d) (c) No city may have a formula aid amount less than zero. The aid gap percentage
67.21must be the same for all cities subject to paragraph (b) (a).
67.22    (e) (d) The applicable aid gap percentage must be calculated by the Department of
67.23Revenue so that the total of the aid under subdivision 9 equals the total amount available
67.24for aid under section 477A.03. Data used in calculating aids to cities under sections
67.25477A.011 to 477A.013 shall be the most recently available data as of January 1 in the
67.26year in which the aid is calculated.

67.27    Sec. 83. Minnesota Statutes 2014, section 477A.013, subdivision 9, is amended to read:
67.28    Subd. 9. City aid distribution. (a) In calendar year 2014 and thereafter, each
67.29city shall receive an aid distribution equal to the sum of (1) the city formula aid under
67.30subdivision 8, and (2) its aid adjustment under subdivision 13.
67.31    (b) For aids payable in 2014 only, the total aid for a city may not be less than the
67.32amount it was certified to receive in 2013 plus any increase under subdivision 13. For aids
67.33payable in 2015 and thereafter, the total aid for a city must not be less than the amount
68.1it was certified to receive in the previous year minus the lesser of $10 multiplied by its
68.2population, or five percent of its net levy in the year prior to the aid distribution.

68.3    Sec. 84. Minnesota Statutes 2014, section 477A.015, is amended to read:
68.4477A.015 PAYMENT DATES.
68.5The commissioner of revenue shall make the payments of local government aid to
68.6affected taxing authorities in two installments on July 20 and December 26 annually.
68.7When the commissioner of public safety determines that a local government has
68.8suffered financial hardship due to a natural disaster, the commissioner of public safety
68.9shall notify the commissioner of revenue, who shall make payments of aids under sections
68.10477A.011 to 477A.014, which are otherwise due on December 26, as soon as is practical
68.11after the determination is made but not before July 20.
68.12The commissioner may pay all or part of the payments of aids under sections
68.13477A.011 to 477A.014, which are due on December 26 at any time after August 15 if a
68.14local government requests such payment as being necessary for meeting its cash flow
68.15needs. For aids payable in 2013 only, a city that is located in an area deemed a disaster
68.16area during the month of April 2013, as defined in section 12A.02, subdivision 5, shall
68.17receive its December 26, 2013 payment with its July 20, 2013 payment.

68.18    Sec. 85. Minnesota Statutes 2014, section 477A.03, subdivision 2a, is amended to read:
68.19    Subd. 2a. Cities. For aids payable in 2014, the total aid paid under section
68.20477A.013, subdivision 9, is $507,598,012. The total aid paid under section 477A.013,
68.21subdivision 9 , is $516,898,012 for aids payable in 2015. For aids payable in 2016 and
68.22thereafter, the total aid paid under section 477A.013, subdivision 9, is $519,398,012.

68.23    Sec. 86. Minnesota Statutes 2014, section 477A.03, subdivision 2c, is amended to read:
68.24    Subd. 2c. Towns. For aids payable in 2014, the total aids paid under section
68.25477A.013, subdivision 1, is limited to $10,000,000. For aids payable in 2015 and
68.26thereafter, the total aids paid under section 477A.013, subdivision 1, is limited to the
68.27amount certified to be paid in the previous year $10,000,000.

68.28    Sec. 87. Minnesota Statutes 2014, section 477A.12, subdivision 1, is amended to read:
68.29    Subdivision 1. Types of land; payments. The following amounts are annually
68.30appropriated to the commissioner of natural resources from the general fund for transfer
68.31to the commissioner of revenue. The commissioner of revenue shall pay the transferred
69.1funds to counties as required by sections 477A.11 to 477A.14. The amounts, based on the
69.2acreage as of July 1 of each year prior to the payment year, are:
69.3(1) $5.133 multiplied by the total number of acres of acquired natural resources land
69.4or, at the county's option three-fourths of one percent of the appraised value of all acquired
69.5natural resources land in the county, whichever is greater;
69.6(2) $5.133, multiplied by the total number of acres of transportation wetland or, at
69.7the county's option, three-fourths of one percent of the appraised value of all transportation
69.8wetland in the county, whichever is greater;
69.9(3) $5.133, multiplied by the total number of acres of wildlife management land, or,
69.10at the county's option, three-fourths of one percent of the appraised value of all wildlife
69.11management land in the county, whichever is greater;
69.12(4) 50 percent of the dollar amount as determined under clause (1), multiplied by
69.13the number of acres of military refuge land in the county;
69.14(5) $1.50, multiplied by the number of acres of county-administered other natural
69.15resources land in the county;
69.16(6) $5.133, multiplied by the total number of acres of land utilization project land
69.17in the county;
69.18(7) $1.50, multiplied by the number of acres of commissioner-administered other
69.19natural resources land in the county; and
69.20    (8) without regard to acreage, and notwithstanding the rules adopted under section
69.2184A.55 , $300,000 for local assessments under section 84A.55, subdivision 9, that shall be
69.22divided and distributed to the counties containing state-owned lands within a conservation
69.23area in proportion to each county's percentage of the total annual ditch assessments.
69.24The commissioner of natural resources shall certify the number of acres and appraised
69.25values for wildlife management lands under clause (3) for calendar year 2013 to the
69.26commissioner of revenue by June 15, 2014. The commissioner of revenue shall make the
69.27payment for any positive difference in the 2013 payment under clause (3) by June 30, 2014.

69.28    Sec. 88. Minnesota Statutes 2014, section 477A.12, subdivision 2, is amended to read:
69.29    Subd. 2. Procedure. (a) Each county auditor shall certify to the Department of
69.30Natural Resources during July of each year prior to the payment year the number of acres
69.31of county-administered other natural resources land within the county. The Department of
69.32Natural resources may, in addition to the certification of acreage, require descriptive lists
69.33of land so certified. The commissioner of natural resources shall determine and certify to
69.34the commissioner of revenue by March 1 of the payment year:
70.1(1) the number of acres and most recent appraised value of acquired natural
70.2resources land, wildlife management land, and military refuge land within each county;
70.3(2) the number of acres of commissioner-administered natural resources land within
70.4each county;
70.5(3) the number of acres of county-administered other natural resources land within
70.6each county, based on the reports filed by each county auditor with the commissioner
70.7of natural resources; and
70.8(4) the number of acres of land utilization project land within each county.
70.9(b) The commissioner of transportation shall determine and certify to the
70.10commissioner of revenue by March 1 of the payment year the number of acres of
70.11transportation wetland and the appraised value of the land, but only if it exceeds 500
70.12acres in a county.
70.13(c) Each auditor of a county that contains state-owned lands within a conservation
70.14area shall determine and certify to the commissioner of natural resources by May 31 of
70.15the payment year, the county's ditch assessments for state-owned lands subject to section
70.1684A.55, subdivision 9 . A joint certification for two or more counties may be submitted to
70.17the commissioner of natural resources through the Consolidated Conservation Counties
70.18Joint Powers Board. The commissioner of natural resources shall certify the ditch
70.19assessments to the commissioner of revenue by June 15 of the payment year. The
70.20commissioner of natural resources shall certify the ditch assessments under this paragraph
70.21for payment year 2013 by June 15, 2014. The commissioner of revenue shall make the
70.22payment for 2013 by June 30, 2014.
70.23(d) The commissioner of revenue shall determine the distributions provided for in this
70.24section using: (1) the number of acres and appraised values certified by the commissioner
70.25of natural resources and the commissioner of transportation by March 1 of the payment
70.26year; and (2) ditch assessments under paragraph (c), by July 15 of the payment year.

70.27    Sec. 89. Minnesota Statutes 2014, section 477A.16, subdivision 1, is amended to read:
70.28    Subdivision 1. Definitions. (a) When used in this section, the following terms have
70.29the meanings indicated in this subdivision.
70.30    (b) "Local unit" means a home rule charter or statutory city, or a town.
70.31    (c) "Old rule utility net tax capacity" means the net tax capacity of all public utility
70.32property within the local unit's taxing jurisdiction for assessment year 2007, calculated as
70.33if the property were valued under valuation rules in effect prior to assessment year 2007.
70.34    (d) "New rule utility net tax capacity" means the net tax capacity of all public utility
70.35property within the local unit's taxing jurisdiction for assessment year 2007, calculated as
71.1if the property were valued under valuation rules in effect for assessment year 2007, but
71.2without the any phase-in provisions of Minnesota Rules, part 8100.0800.
71.3    (e) "Modified net tax capacity" means the local unit's net tax capacity for taxes
71.4payable in 2008, modified by substituting the old rule utility net tax capacity for the actual
71.5net tax capacity of utility property. Modified net tax capacity must be determined by the
71.6commissioner of revenue based on information and data available to the commissioner
71.7as of July 1, 2008.
71.8    (f) "Net tax capacity differential" means the positive difference, if any, by which the
71.9local unit's old rule utility net tax capacity exceeds its new rule utility net tax capacity.
71.10    (g) "Current year net tax capacity differential" means the positive difference, if any,
71.11by which the local unit's old rule utility net tax capacity exceeds its total tax capacity of
71.12utility property for taxes payable in the current year.

71.13    Sec. 90. Minnesota Statutes 2014, section 477A.16, subdivision 2, is amended to read:
71.14    Subd. 2. Aid eligibility; payment. (a) If the net tax capacity differential of the local
71.15unit exceeds four percent of its modified net tax capacity, the local unit is eligible for
71.16transition aid computed under paragraphs paragraph (b) and (c).
71.17    (b) For aids payable in 2009, transition aid under this section for an eligible local
71.18unit equals 50 percent of (1) the net tax capacity differential, times (2) the jurisdiction's
71.19tax rate for taxes payable in 2008.
71.20    (c) (b) For aids payable in 2010 and thereafter, transition aid under this section for
71.21an eligible local unit equals (1) the current year net tax capacity differential for taxes
71.22payable in the year preceding the aid distribution year, times (2) the jurisdiction's tax rate
71.23for taxes payable in 2008.
71.24    (d) The commissioner of revenue shall compute the amount of transition aid payable
71.25to each local unit under this section. On or before August 1 of each year, the commissioner
71.26shall certify the amount of transition aid computed for aids payable in the following year
71.27for each recipient local unit. The commissioner shall pay transition aid to local units
71.28annually at the times provided in section 477A.015.

71.29    Sec. 91. Minnesota Statutes 2014, section 477A.19, subdivision 4, is amended to read:
71.30    Subd. 4. Payments. The commissioner of revenue must compute the amount of
71.31aquatic invasive species prevention aid payable to each county under this section. On or
71.32before August 1 of each year, the commissioner shall certify the amount to be paid to
71.33each county in the following year. The commissioner shall pay aquatic invasive species
71.34prevention aid to counties annually at the times provided in section 477A.015. For aid
72.1payable in 2014 only, the commissioner shall certify the amount to be paid to each county
72.2by July 1, 2014, and payment to the counties must be made at the time provided in section
72.3477A.015 for the first installment of local government aid.

72.4    Sec. 92. Minnesota Statutes 2014, section 477A.19, subdivision 5, is amended to read:
72.5    Subd. 5. Appropriation. $4,500,000 in 2014, and $10,000,000 each year thereafter,
72.6is appropriated from the general fund to the commissioner of revenue to make the
72.7payments required under this section.

72.8    Sec. 93. Minnesota Statutes 2014, section 480A.09, subdivision 2, is amended to read:
72.9    Subd. 2. Certiorari. Oral arguments on writs of certiorari to review decisions of
72.10the commissioner of unemployment law judges in the Department of Employment and
72.11Economic Development shall be heard as provided in this subdivision.
72.12(1) if the claimant applicant for benefits is a real party in interest in the proceedings
72.13and resides in Hennepin or Ramsey County, in one of those counties;
72.14(2) if the claimant applicant for benefits is a real party in interest in the proceedings
72.15and resides elsewhere in the state, in the judicial district of the claimant's applicant's
72.16residence;
72.17(3) otherwise, at a place as designated by the appellate administrator.

72.18    Sec. 94. Minnesota Statutes 2014, section 500.215, subdivision 1, is amended to read:
72.19    Subdivision 1. General rule. (a) Any provision of any deed restriction, subdivision
72.20regulation, restrictive covenant, local ordinance, contract, rental agreement or regulation,
72.21or homeowners association document that limits the right of an owner or tenant of
72.22residential property to display the flag of the United States and the flag of the State of
72.23Minnesota is void and unenforceable.
72.24(b) "Homeowners association document" includes the declaration, articles of
72.25incorporation, bylaws, and rules and regulations of:
72.26(1) a common interest community, as defined in section 515B.1-103(C)(10)
72.27515B.1-103(10), regardless of whether the common interest community is subject to
72.28chapter 515B; and
72.29(2) a residential community that is not a common interest community, as defined in
72.30section 515B.1-103(C)(10) 515B.1-103(10).

72.31    Sec. 95. Minnesota Statutes 2014, section 518B.01, subdivision 4, is amended to read:
73.1    Subd. 4. Order for protection. There shall exist an action known as a petition for
73.2an order for protection in cases of domestic abuse.
73.3(a) A petition for relief under this section may be made by any family or household
73.4member personally or by a family or household member, a guardian as defined in section
73.5524.1-201 , clause (20) (26), or, if the court finds that it is in the best interests of the minor,
73.6by a reputable adult age 25 or older on behalf of minor family or household members. A
73.7minor age 16 or older may make a petition on the minor's own behalf against a spouse
73.8or former spouse, or a person with whom the minor has a child in common, if the court
73.9determines that the minor has sufficient maturity and judgment and that it is in the best
73.10interests of the minor.
73.11(b) A petition for relief shall allege the existence of domestic abuse, and shall be
73.12accompanied by an affidavit made under oath stating the specific facts and circumstances
73.13from which relief is sought.
73.14(c) A petition for relief must state whether the petitioner has ever had an order for
73.15protection in effect against the respondent.
73.16(d) A petition for relief must state whether there is an existing order for protection
73.17in effect under this chapter governing both the parties and whether there is a pending
73.18lawsuit, complaint, petition or other action between the parties under chapter 257, 518,
73.19518A, 518B, or 518C. The court administrator shall verify the terms of any existing order
73.20governing the parties. The court may not delay granting relief because of the existence
73.21of a pending action between the parties or the necessity of verifying the terms of an
73.22existing order. A subsequent order in a separate action under this chapter may modify
73.23only the provision of an existing order that grants relief authorized under subdivision 6,
73.24paragraph (a), clause (1). A petition for relief may be granted, regardless of whether there
73.25is a pending action between the parties.
73.26(e) The court shall provide simplified forms and clerical assistance to help with the
73.27writing and filing of a petition under this section.
73.28(f) The court shall advise a petitioner under paragraph (e) of the right to file a motion
73.29and affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist with
73.30the writing and filing of the motion and affidavit.
73.31(g) The court shall advise a petitioner under paragraph (e) of the right to serve the
73.32respondent by published notice under subdivision 5, paragraph (b), if the respondent is
73.33avoiding personal service by concealment or otherwise, and shall assist with the writing
73.34and filing of the affidavit.
73.35(h) The court shall advise the petitioner of the right to seek restitution under the
73.36petition for relief.
74.1(i) The court shall advise the petitioner of the right to request a hearing under
74.2subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall
74.3advise the petitioner that the respondent may request a hearing and that notice of the hearing
74.4date and time will be provided to the petitioner by mail at least five days before the hearing.
74.5(j) The court shall advise the petitioner of the right to request supervised parenting
74.6time, as provided in section 518.175, subdivision 1a.

74.7    Sec. 96. Minnesota Statutes 2014, section 572A.02, subdivision 2, is amended to read:
74.8    Subd. 2. Appointment of panel. (a) The parties shall each appoint one qualified
74.9arbitrator within 30 days of issuance of the mediation report. If a party does not appoint
74.10an arbitrator within 30 days, the Bureau of Mediation Services shall appoint a qualified
74.11arbitrator from the list of neutrals under sections 572A.01, subdivision 2, and 572A.015,
74.12subdivision 2 , or someone else for the party. The parties shall notify the bureau prior to
74.13the close of the 30-day appointment period of the name and address of their respective
74.14appointed arbitrator. Each party is responsible for the fees and expenses for the arbitrator
74.15it selects.
74.16(b) After appointment of the two arbitrators to the arbitration panel by the parties, or
74.17by the bureau should one or both of the parties fail to act, the two appointed arbitrators
74.18shall appoint a third arbitrator who must be learned in the law, within 15 days of the close
74.19of the initial 30-day arbitrator appointment period. If the arbitrators cannot agree on the
74.20selection of the third arbitrator within 15 days, the arbitrators shall jointly submit a request
74.21to the district court of the county in which the disputed area is located in accordance with
74.22the selection procedures established in section 572.10 572B.11. Within 15 days of receipt
74.23of an application by the district court, the district court shall select a neutral arbitrator and
74.24notify the parties and the Bureau of Mediation Services of the name and address of the
74.25selected arbitrator. The fees and expenses of the third arbitrator shall be shared equally by
74.26the parties. The third appointed arbitrator shall act as chair of the arbitration panel and
74.27shall conduct the proceedings. If the district court selects the third arbitrator, the date
74.28required for first hearing the matter may be extended an additional 15 days.

74.29    Sec. 97. Minnesota Statutes 2014, section 572A.02, subdivision 3, is amended to read:
74.30    Subd. 3. Hearing. Except as otherwise provided, within 60 days, the matter must
74.31be brought on for hearing in accordance with section 572.12 572B.15. The Bureau of
74.32Mediation Services shall provide for the proceedings to occur in the county in which the
74.33majority of the affected property is located.

75.1    Sec. 98. Minnesota Statutes 2014, section 609.106, subdivision 2, is amended to read:
75.2    Subd. 2. Life without release. The court shall sentence a person to life
75.3imprisonment without possibility of release under the following circumstances:
75.4(1) the person is convicted of first-degree murder under section 609.185, paragraph
75.5(a) , clause (1), (2), (4), or (7);
75.6(2) the person is convicted of committing first-degree murder in the course of a
75.7kidnapping under section 609.185, paragraph (a), clause (3); or
75.8(3) the person is convicted of first-degree murder under section 609.185, paragraph
75.9(a), clause (3), (5), or (6), and the court determines on the record at the time of sentencing
75.10that the person has one or more previous convictions for a heinous crime.

75.11    Sec. 99. Minnesota Statutes 2014, section 609.19, subdivision 1, is amended to read:
75.12    Subdivision 1. Intentional murder; drive-by shootings. Whoever does either
75.13of the following is guilty of murder in the second degree and may be sentenced to
75.14imprisonment for not more than 40 years:
75.15(1) causes the death of a human being with intent to effect the death of that person
75.16or another, but without premeditation; or
75.17(2) causes the death of a human being while committing or attempting to commit
75.18a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances
75.19other than those described in section 609.185, paragraph (a), clause (3).

75.20    Sec. 100. Minnesota Statutes 2014, section 609.223, subdivision 2, is amended to read:
75.21    Subd. 2. Past pattern of child abuse. Whoever assaults a minor may be sentenced
75.22to imprisonment for not more than five years or to payment of a fine of not more than
75.23$10,000, or both, if the perpetrator has engaged in a past pattern of child abuse against
75.24the minor. As used in this subdivision, "child abuse" has the meaning given it in section
75.25609.185 , paragraph (a), clause (5).

75.26    Sec. 101. Minnesota Statutes 2014, section 609.266, is amended to read:
75.27609.266 DEFINITIONS.
75.28The definitions in this subdivision section apply to sections 609.2114, subdivisions 1
75.29and 2, and 609.2661 to 609.2691:
75.30(a) "Unborn child" means the unborn offspring of a human being conceived, but not
75.31yet born.
75.32(b) "Whoever" does not include the pregnant woman.

76.1    Sec. 102. Minnesota Statutes 2014, section 609.531, subdivision 1, is amended to read:
76.2    Subdivision 1. Definitions. For the purpose of sections 609.531 to 609.5318, the
76.3following terms have the meanings given them.
76.4    (a) "Conveyance device" means a device used for transportation and includes, but
76.5is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
76.6equipment attached to it. The term "conveyance device" does not include property which
76.7is, in fact, itself stolen or taken in violation of the law.
76.8    (b) "Weapon used" means a dangerous weapon as defined under section 609.02,
76.9subdivision 6 , that the actor used or had in possession in furtherance of a crime.
76.10    (c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
76.11    (d) "Contraband" means property which is illegal to possess under Minnesota law.
76.12    (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
76.13Department of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle
76.14Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park
76.15District park rangers, the Department of Natural Resources Division of Enforcement, the
76.16University of Minnesota Police Department, the Department of Corrections Fugitive
76.17Apprehension Unit, a city, metropolitan transit, or airport police department; or a
76.18multijurisdictional entity established under section 299A.642 or 299A.681.
76.19    (f) "Designated offense" includes:
76.20    (1) for weapons used: any violation of this chapter, chapter 152 or 624;
76.21    (2) for driver's license or identification card transactions: any violation of section
76.22171.22 ; and
76.23    (3) for all other purposes: a felony violation of, or a felony-level attempt or
76.24conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21;
76.25609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231; 609.24; 609.245;
76.26609.25 ; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f);
76.27609.343, subdivision 1 , clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h)
76.28to (j); 609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425;
76.29609.466 ; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551;
76.30609.561 ; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66,
76.31subdivision 1e ; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825;
76.32609.86 ; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor
76.33or felony violation of section 609.891 or 624.7181; or any violation of section 609.324;
76.34or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota
76.35Statutes 2012, section 609.21.
76.36    (g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
77.1(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
77.2offense that is the basis for a forfeiture under sections 609.531 to 609.5318.

77.3    Sec. 103. Minnesota Statutes 2014, section 626.556, subdivision 3c, is amended to read:
77.4    Subd. 3c. Local welfare agency, Department of Human Services or Department
77.5of Health responsible for assessing or investigating reports of maltreatment. (a)
77.6The county local welfare agency is the agency responsible for assessing or investigating
77.7allegations of maltreatment in child foster care, family child care, legally unlicensed
77.8child care, juvenile correctional facilities licensed under section 241.021 located in the
77.9local welfare agency's county, and reports involving children served by an unlicensed
77.10personal care provider organization under section 256B.0659. Copies of findings related
77.11to personal care provider organizations under section 256B.0659 must be forwarded to
77.12the Department of Human Services provider enrollment.
77.13(b) The Department of Human Services is the agency responsible for assessing or
77.14investigating allegations of maltreatment in facilities licensed under chapters 245A and
77.15245B 245D, except for child foster care and family child care.
77.16(c) The Department of Health is the agency responsible for assessing or investigating
77.17allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58
77.18and 144A.46.

77.19    Sec. 104. Minnesota Statutes 2014, section 626.8463, subdivision 1, is amended to read:
77.20    Subdivision 1. Appointment requirements. (a) Any individual appointed or
77.21employed as a part-time peace officer shall provide proof to the board that the individual
77.22has:
77.23(1) satisfied the selection standards of the board then in effect;
77.24(2) successfully completed board recognized courses in first aid and firearms
77.25training, including legal limitations on the justifiable use of deadly force; and
77.26(3) successfully passed a board part-time peace officer licensing examination.
77.27(b) The board shall develop a new examination that tests in depth the expanded
77.28competency requirements of section 626.8462.

77.29    Sec. 105. Minnesota Statutes 2014, section 626.8555, is amended to read:
77.30626.8555 PEACE OFFICER EDUCATION PROGRAMS.
77.31Metropolitan State University and Minneapolis Community and Technical College,
77.32in consultation with the Board of Peace Officer Standards and Training and state and
77.33local law enforcement agencies in the seven-county metropolitan area, shall provide core
78.1law enforcement courses in an accelerated time period. The schools shall grant priority
78.2admission to students who have a bona fide offer of employment from a Minnesota law
78.3enforcement agency. These courses shall be available at the beginning of the 1995-1996
78.4academic year and are contingent on sufficient program enrollment.
78.5The board, Metropolitan State University, and Minneapolis Community and
78.6Technical College shall evaluate the accelerated law enforcement education program and
78.7report their findings to the 1997 legislature.

78.8    Sec. 106. Minnesota Statutes 2014, section 629.725, is amended to read:
78.9629.725 NOTICE TO VICTIM REGARDING BAIL HEARING OF
78.10ARRESTED OR DETAINED PERSON.
78.11(a) When a person arrested or a juvenile detained for a crime of violence or an
78.12attempted crime of violence is scheduled to be reviewed under section 629.715 for release
78.13from pretrial detention, the court shall make a reasonable and good faith effort to notify
78.14the victim of the alleged crime. If the victim is incapacitated or deceased, notice must be
78.15given to the victim's family. If the victim is a minor, notice must be given to the victim's
78.16parent or guardian. The notification must include:
78.17(1) the date and approximate time of the review;
78.18(2) the location where the review will occur;
78.19(3) the name and telephone number of a person that can be contacted for additional
78.20information; and
78.21(4) a statement that the victim and the victim's family may attend the review.
78.22(b) As used in this section, "crime of violence" has the meaning given it in section
78.23624.712, subdivision 5 , and also includes:
78.24(1) sections 609.2112 to; 609.2113; and 609.2114,;
78.25(2) gross misdemeanor violations of section 609.224, and;
78.26(3) nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and
78.27609.749 ; and
78.28(4) Minnesota Statutes 2012, section 609.21.

78.29    Sec. 107. Laws 2013, chapter 143, article 8, section 40, the effective date, is amended
78.30to read:
78.31EFFECTIVE DATE.The change to clause (1) is effective for sales and purchases
78.32made after August 31, 2014 June 30, 2015. The changes in clauses (13), (16), and (17),
78.33are effective the day following final enactment.
79.1EFFECTIVE DATE.This section is effective the day following final enactment.

79.2    Sec. 108. 2014 AMENDMENTS TO MINNESOTA STATUTES, SECTION
79.3256B.85 EFFECTIVE UPON FEDERAL APPROVAL.
79.4The amendments to Minnesota Statutes, section 256B.85, by Laws 2014, chapter
79.5275, article 1, sections 69 to 71; chapter 291, article 10, section 6; and chapter 312, article
79.626, sections 4 to 23, are effective upon federal approval. The service will begin 90 days
79.7after federal approval. The commissioner of human services shall notify the revisor of
79.8statutes when this occurs.

79.9    Sec. 109. REVISOR'S INSTRUCTION.
79.10    Subdivision 1. Obsolete language. The revisor of statutes shall change the term
79.11"writ of restitution" to "writ of recovery" wherever the term appears in Minnesota Statutes.
79.12    Subd. 2. Obsolete language. The revisor of statutes shall change the terms "Soil
79.13Conservation Service" and "soil conservation service" to "Natural Resources Conservation
79.14Service" wherever the terms appear in Minnesota Statutes and Minnesota Rules, except
79.15where the terms appear in Minnesota Rules, parts 6115.0680, subpart 2; 7037.1000,
79.16subparts 2 and 3; 7037.3300, subpart 4, item B; and 7041.0100, subpart 32.
79.17    Subd. 3. Erroneous reference. In each of the Minnesota Statutes referred to
79.18in column A, the revisor of statutes shall delete the reference in column B and insert
79.19the reference in column C.

79.20	Column A	Column B	Column C
79.21	326B.99, subdivision 2	326B.93 to 326B.998	326B.95 to 326B.998
79.22	326B.988	326B.93 to 326B.998	326B.95 to 326B.998
79.23	326B.972	326B.93 to 326B.998	326B.95 to 326B.998
79.24	326B.958, subdivision 2	326B.93 to 326B.998	326B.95 to 326B.998
79.25	326B.956, subdivision 1	326B.93 to 326B.998	326B.95 to 326B.998
79.26	326B.95, subdivision 1	326B.93 to 326B.998	326B.95 to 326B.998
79.27	326B.092, subdivision 7	326B.90 to 326B.93	326B.90 to 326B.925

79.28    Subd. 4. Erroneous reference. In each section of Minnesota Statutes referred to
79.29in column A, the revisor of statutes shall delete the reference in column B and insert
79.30the reference in column C.

79.31	Column A	Column B	Column C
79.32 79.33	177.23, subdivision 7, clause (10)	353.01, subdivision 2b, clause (9)	353.01, subdivision 2b, clause (9), item (i)
79.34 79.35	353.22, subdivision 10	352.01, subdivision 2b, clause (7)	352.01, subdivision 2b, clause (6), item (i)

80.1    Subd. 5. Erroneous reference. The revisor of statutes shall change the
80.2cross-reference from "145A.10, subdivision 1" to "145A.04, subdivisions 1 and 1a" in
80.3Minnesota Rules, part 9505.1696, subpart 19.
80.4    Subd. 6. Coding placement. The revisor of statutes shall renumber Minnesota
80.5Statutes, section 144.13, as 144.111.
80.6    Subd. 7. Obsolete terminology. The revisor of statutes shall change the term "vital
80.7statistics" or any derivative to "vital records" wherever it appears in Minnesota Statutes
80.8or Minnesota Rules.
80.9    Subd. 8. Erroneous reference. The revisor of statutes shall replace the reference to
80.10"4620.4300" in Minnesota Rules, part 4717.7000, subpart 1, item H, with "4620.3950."
80.11    Subd. 9. Terminology and references. (a) The revisor of statutes shall change the
80.12term "board of health" or "local boards of health" or any derivative of these terms to
80.13"community health board" or any derivative of this term wherever it appears in Minnesota
80.14Statutes and Minnesota Rules.
80.15(b) The revisor of statutes shall change the reference to Minnesota Statutes, section
80.16145A.02, subdivision 2, to Minnesota Statutes, section 145A.02, subdivision 5, wherever
80.17it appears in Minnesota Statutes and Minnesota Rules.
80.18    Subd. 10. Headnote. In Minnesota Statutes, section 609.713, the revisor of statutes
80.19shall change the headnote from "Terroristic Threats" to "Threats of Violence."
80.20    Subd. 11. Obsolete terminology. In Minnesota Statutes, sections 550.136,
80.21subdivision 6; 550.143, subdivision 3c; 551.05, subdivision 1d; 551.06, subdivision 6;
80.22571.72, subdivisions 8 and 10; 571.912, subdivision 3; 571.925; 571.931, subdivision 6;
80.23and 571.932, subdivision 2, the revisor of statutes shall delete form references to general
80.24assistance medical care (GAMC).
80.25    Subd. 12. Erroneous reference. The revisor of statutes shall replace the reference
80.26to "section 16A.695" in Minnesota Statutes, section 16A.727, with "section 16A.965."
80.27    Subd. 13. Obsolete terminology. The revisor of statutes shall replace the term
80.28"Association of Minnesota Counties insurance trust" or "Minnesota Association of
80.29Counties Insurance Trust" with "Minnesota Counties Intergovernmental Trust" wherever
80.30it appears in Minnesota Statutes.
80.31EFFECTIVE DATE.This section is effective the day following final enactment.

80.32    Sec. 110. REPEALER.
80.33    Subdivision 1. Obsolete subdivision. Minnesota Statutes 2014, section 13.381,
80.34subdivision 17, is repealed.
81.1    Subd. 2. Obsolete subdivision. Minnesota Statutes 2014, section 13.46, subdivision
81.213, is repealed.
81.3    Subd. 3. Obsolete subdivision. Minnesota Statutes 2014, section 13.681,
81.4subdivision 7, is repealed.
81.5    Subd. 4. Obsolete subdivision. Minnesota Statutes 2014, section 126C.01,
81.6subdivision 9, is repealed.
81.7    Subd. 5. Obsolete section. Minnesota Statutes 2014, section 239.001, is repealed.
81.8    Subd. 6. Obsolete subdivision. Minnesota Statutes 2014, section 256B.0625,
81.9subdivision 50, is repealed.
81.10    Subd. 7. Obsolete subdivision. Minnesota Statutes 2014, section 273.111,
81.11subdivision 9a, is repealed.
81.12    Subd. 8. Obsolete section. Minnesota Statutes 2014, section 469.1816, is repealed.
81.13    Subd. 9. Conflict resolution. The amendments to Minnesota Statutes, section
81.1413.46, subdivision 4, paragraph (b), clause (5), by Laws 2014, chapter 228, article 1,
81.15section 2, are repealed.
81.16    Subd. 10. Conflict resolution. Laws 2014, chapter 291, article 10, section 4, is
81.17repealed.
81.18    Subd. 11. Conflict resolution. Laws 2014, chapter 291, article 11, section 15, is
81.19repealed.
81.20    Subd. 12. Conflict resolution. Laws 2014, chapter 291, article 11, section 16, is
81.21repealed.
81.22    Subd. 13. Conflict resolution. Laws 2014, chapter 291, article 11, section 21, is
81.23repealed.
81.24    Subd. 14. Conflict resolution. Laws 2014, chapter 312, article 25, section 11, is
81.25repealed.
81.26    Subd. 15. Conflict resolution. Laws 2014, chapter 312, article 28, section 1, is
81.27repealed.
81.28    Subd. 16. Obsolete rule. Minnesota Rules, part 4900.3401, is repealed.
81.29    Subd. 17. Rule effective date clarification. Minnesota Rules, parts 8710.3000,
81.30subpart 5; 8710.3200, subpart 6; 8710.3310, subpart 5; 8710.3320, subpart 5; 8710.3330,
81.31subpart 5; 8710.3340, subpart 5; 8710.4000, subpart 5; 8710.4050, subpart 5; 8710.4200,
81.32subpart 5; 8710.4250, subpart 5; 8710.4300, subpart 5; 8710.4310, subpart 5; 8710.4320,
81.33subpart 5; 8710.4400, subpart 5; 8710.4450, subpart 5; 8710.4500, subpart 5; 8710.4550,
81.34subpart 5; 8710.4600, subpart 5; 8710.4650, subpart 5; 8710.4700, subpart 5; 8710.4750,
81.35subpart 9; 8710.4800, subpart 5; 8710.4850, subpart 5; 8710.4900, subpart 5; and
81.368710.4950, subpart 9, are repealed.
82.1EFFECTIVE DATE.This section is effective the day following final enactment.

82.2    Sec. 111. SUPERSEDING ACTS.
82.3Any amendments or repeals enacted in the 2015 session of the legislature to sections
82.4also amended or repealed in this act supersede the amendments or repeals in this act,
82.5regardless of order of enactment.

82.6ARTICLE 2

82.7NONSUBSTANTIVE CROSS-REFERENCES

82.8    Section 1. Minnesota Statutes 2014, section 13.321, subdivision 2a, is amended to read:
82.9    Subd. 2a. School accountability. Certain school accountability data are governed by
82.10section sections 120B.35, subdivision 3, and 120B.36, subdivisions 1, paragraph (e), and 2.

82.11    Sec. 2. Minnesota Statutes 2014, section 13.321, is amended by adding a subdivision
82.12to read:
82.13    Subd. 8a. Military-connected youth identifier. Data collected on enrollment
82.14forms to allow students to self-identify as military-connected youth are governed by
82.15section 127A.852.

82.16    Sec. 3. Minnesota Statutes 2014, section 13.3806, subdivision 1b, is amended to read:
82.17    Subd. 1b. Health care payment and pricing reform data. (a) Encounter data.
82.18Data on providers required to submit encounter data to a private entity designated by the
82.19commissioner of health under section 62U.04, subdivision 4, are classified under section
82.2062U.04, subdivision 4 , paragraph (c).
82.21(b) Pricing data. Pricing data required to be submitted to the commissioner of
82.22health by certain health plan companies and third-party administrators under section
82.2362U.04, subdivision 5, are classified under section 62U.04, subdivision 5, paragraph (c).

82.24    Sec. 4. Minnesota Statutes 2014, section 13.381, subdivision 14a, is amended to read:
82.25    Subd. 14a. Minnesota Responds Medical Reserve Corps. (a) The sharing of data
82.26maintained by the commissioner of health on volunteer health professionals is governed
82.27by section 145A.06, subdivision 6, paragraph (c).
82.28(b) Criminal history record data on Minnesota Responds Medical Reserve Corps
82.29volunteers are classified under section 145A.061.

82.30    Sec. 5. Minnesota Statutes 2014, section 13.461, subdivision 3, is amended to read:
83.1    Subd. 3. Child mental health. (a) Client consent. Informed written consent
83.2necessary for a child to receive mental health services is governed by section 245.4876,
83.3subdivision 5 .
83.4(b) Identity disclosure. Disclosure of identities of children receiving mental health
83.5services under sections 245.487 to 245.4889, and the identities of their families, is
83.6governed by section 245.4876, subdivision 7.
83.7(c) Children's mental health collaborative. Data shared on individuals served by
83.8the collaborative are governed by section 245.493.
83.9(d) Screening results. The classification of child mental health screening results is
83.10governed by section 245.4874, subdivision 1, paragraph (d).

83.11    Sec. 6. Minnesota Statutes 2014, section 13.461, subdivision 7a, is amended to read:
83.12    Subd. 7a. Background studies. (a) Access to and sharing of data for human
83.13services background studies under chapter 245C are governed by that chapter.
83.14(b) Disqualifying records that are the subject of an order for expungement are
83.15governed by section 245C.22, subdivision 7, paragraph (f).

83.16    Sec. 7. Minnesota Statutes 2014, section 13.681, is amended by adding a subdivision
83.17to read:
83.18    Subd. 10. Interconnection of on-site distributed generation. The classification
83.19of data provided by an applicant for interconnection of distributed renewable energy
83.20generation is governed by section 216B.1611, subdivision 3a.

83.21    Sec. 8. Minnesota Statutes 2014, section 13.871, is amended by adding a subdivision
83.22to read:
83.23    Subd. 14. Expungement petitions. Provisions regarding the classification and
83.24sharing of data contained in a petition for expungement of a criminal record are included
83.25in section 609A.03.

83.26    Sec. 9. [609B.1641] BULLION COIN DEALER AND REPRESENTATIVE
83.27REGISTRATION; CONVICTIONS.
83.28Under section 80G.04, the commissioner of commerce shall deny a registration or
83.29renewal of registration or revoke a registration of a bullion coin dealer or coin dealer
83.30representative, if the bullion coin dealer or coin dealer representative has within the last
83.31ten years been convicted of a financial crime or other crime involving fraud or theft.