1.1 	A bill for an act
1.2 	relating to human services; modifying provisions related to chemical and mental 
1.3 	health and state-operated services; allowing for data sharing; repealing a task 
1.4 	force; updating terminology and repealing obsolete provisions; making technical 
1.5 	changes;amending Minnesota Statutes 2012, sections 13.461, by adding a 
1.6 	subdivision; 245.036; 246.014; 246.0141; 246.0251; 246.12; 246.128; 246.33, 
1.7 	subdivision 4; 246.51, subdivision 3; 246.54, subdivision 2; 246.64, subdivision 
1.8 	1; 252.41, subdivision 7; 253.015, subdivision 1; 253B.045, subdivision 
1.9 	2; 253B.18, subdivision 4c; 254.05; 256.976, subdivision 3; 256B.0943, 
1.10 	subdivisions 1, 3, 6, 9; 256B.0944, subdivision 5; 272.02, subdivision 94; 281.04; 
1.11 	295.50, subdivision 10b; 322.24; 357.28, subdivision 1; 387.20, subdivision 1; 
1.12 	462A.03, subdivision 13; 481.12; 508.79; 508A.79; 518.04; 525.092, subdivision 
1.13 	2; 555.04; 558.31; 580.20; 609.06, subdivision 1; 609.36, subdivision 2; 611.026; 
1.14 	628.54; repealing Minnesota Statutes 2012, sections 246.04; 246.05; 246.125; 
1.15 	246.21; 246.57, subdivision 5; 246.58; 246.59; 251.011, subdivisions 3, 6; 
1.16 	253.015, subdivision 4; 253.018; 253.28.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18 	ARTICLE 1
1.19 	CHEMICAL AND MENTAL HEALTH

1.20 	Section 1. Minnesota Statutes 2012, section 253B.18, subdivision 4c, is amended to 
1.21 	read:
1.22 		Subd. 4c.Special review board. (a) The commissioner shall establish one or more 
1.23 	panels of a special review board. The board shall consist of three members experienced 
1.24 	in the field of mental illness. One member of each special review board panel shall be a 
1.25 	psychiatrist or a doctoral level psychologist with forensic experience and one member 
1.26 	shall be an attorney. No member shall be affiliated with the Department of Human 
1.27 	Services. The special review board shall meet at least every six months and at the call of 
1.28 	the commissioner. It shall hear and consider all petitions for a reduction in custody or to 
2.1 	appeal a revocation of provisional discharge. A "reduction in custody" means transfer 
2.2 	from a secure treatment facility, discharge, and provisional discharge. Patients may be 
2.3 	transferred by the commissioner between secure treatment facilities without a special 
2.4 	review board hearing.
2.5 	 Members of the special review board shall receive compensation and reimbursement 
2.6 	for expenses as established by the commissioner.
2.7 	(b) A petition filed by a person committed as mentally ill and dangerous to the public 
2.8 	under this section must be heard as provided in subdivision 5 and, as applicable, subdivision 
2.9 	13. A petition filed by a person committed as a sexual psychopathic personality or as a 
2.10 	sexually dangerous person under section 253B.185, or committed as both mentally ill and 
2.11 	dangerous to the public under this section and as a sexual psychopathic personality or as a 
2.12 	sexually dangerous person must be heard as provided in section 253B.185, subdivision 9.

2.13 	Sec. 2. Minnesota Statutes 2012, section 256B.0943, subdivision 1, is amended to read:
2.14 		Subdivision 1.Definitions. For purposes of this section, the following terms have 
2.15 	the meanings given them.
2.16 	(a) "Children's therapeutic services and supports" means the flexible package of 
2.17 	mental health services for children who require varying therapeutic and rehabilitative 
2.18 	levels of intervention. The services are time-limited interventions that are delivered using 
2.19 	various treatment modalities and combinations of services designed to reach treatment 
2.20 	outcomes identified in the individual treatment plan.
2.21 	(b) "Clinical supervision" means the overall responsibility of the mental health 
2.22 	professional for the control and direction of individualized treatment planning, service 
2.23 	delivery, and treatment review for each client. A mental health professional who is an 
2.24 	enrolled Minnesota health care program provider accepts full professional responsibility 
2.25 	for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work, 
2.26 	and oversees or directs the supervisee's work.
2.27 	(c) "County board" means the county board of commissioners or board established 
2.28 	under sections 402.01 to 402.10 or 471.59.
2.29 	(d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a.
2.30 	(e) "Culturally competent provider" means a provider who understands and can 
2.31 	utilize to a client's benefit the client's culture when providing services to the client. A 
2.32 	provider may be culturally competent because the provider is of the same cultural or 
2.33 	ethnic group as the client or the provider has developed the knowledge and skills through 
2.34 	training and experience to provide services to culturally diverse clients.
3.1 	(f) "Day treatment program" for children means a site-based structured program 
3.2 	consisting of group psychotherapy for more than three individuals and other intensive 
3.3 	therapeutic services provided by a multidisciplinary team, under the clinical supervision 
3.4 	of a mental health professional.
3.5 	(g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision 
3.6 	11 Minnesota Rules, part 9505.0372, subpart 1.
3.7 	(h) "Direct service time" means the time that a mental health professional, mental 
3.8 	health practitioner, or mental health behavioral aide spends face-to-face with a client 
3.9 	and the client's family. Direct service time includes time in which the provider obtains 
3.10 	a client's history or provides service components of children's therapeutic services and 
3.11 	supports. Direct service time does not include time doing work before and after providing 
3.12 	direct services, including scheduling, maintaining clinical records, consulting with others 
3.13 	about the client's mental health status, preparing reports, receiving clinical supervision, 
3.14 	and revising the client's individual treatment plan.
3.15 	(i) "Direction of mental health behavioral aide" means the activities of a mental 
3.16 	health professional or mental health practitioner in guiding the mental health behavioral 
3.17 	aide in providing services to a client. The direction of a mental health behavioral aide 
3.18 	must be based on the client's individualized treatment plan and meet the requirements in 
3.19 	subdivision 6, paragraph (b), clause (5).
3.20 	(j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 
3.21 	15. For persons at least age 18 but under age 21, mental illness has the meaning given in 
3.22 	section 245.462, subdivision 20, paragraph (a).
3.23 	(k) "Individual behavioral plan" means a plan of intervention, treatment, and 
3.24 	services for a child written by a mental health professional or mental health practitioner, 
3.25 	under the clinical supervision of a mental health professional, to guide the work of the 
3.26 	mental health behavioral aide.
3.27 	(l) "Individual treatment plan" has the meaning given in section 245.4871, 
3.28 	subdivision 21.
3.29 	(m) "Mental health behavioral aide services" means medically necessary one-on-one 
3.30 	activities performed by a trained paraprofessional to assist a child retain or generalize 
3.31 	psychosocial skills as taught by a mental health professional or mental health practitioner 
3.32 	and as described in the child's individual treatment plan and individual behavior plan. 
3.33 	Activities involve working directly with the child or child's family as provided in 
3.34 	subdivision 9, paragraph (b), clause (4).
3.35 	(n) "Mental health practitioner" means an individual as defined in section 245.4871, 
3.36 	subdivision 26.
4.1 	(o) "Mental health professional" means an individual as defined in section 245.4871, 
4.2 	subdivision 27, clauses (1) to (6), or tribal vendor as defined in section 256B.02, 
4.3 	subdivision 7, paragraph (b).
4.4 	(o) "Preschool program" means a day program licensed under Minnesota Rules, 
4.5 	parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and 
4.6 	supports provider to provide a structured treatment program to a child who is at least 33 
4.7 	months old but who has not yet attended the first day of kindergarten.
4.8 	(p) "Skills training" means individual, family, or group training, delivered by or 
4.9 	under the direction of a mental health professional, designed to facilitate the acquisition 
4.10 	of psychosocial skills that are medically necessary to rehabilitate the child to an 
4.11 	age-appropriate developmental trajectory heretofore disrupted by a psychiatric illness 
4.12 	or to self-monitor, compensate for, cope with, counteract, or replace skills deficits or 
4.13 	maladaptive skills acquired over the course of a psychiatric illness. Skills training is 
4.14 	subject to the following requirements:
4.15 	(1) a mental health professional or a mental health practitioner must provide skills 
4.16 	training;
4.17 	(2) the child must always be present during skills training; however, a brief absence 
4.18 	of the child for no more than ten percent of the session unit may be allowed to redirect or 
4.19 	instruct family members;
4.20 	(3) skills training delivered to children or their families must be targeted to the 
4.21 	specific deficits or maladaptations of the child's mental health disorder and must be 
4.22 	prescribed in the child's individual treatment plan;
4.23 	(4) skills training delivered to the child's family must teach skills needed by parents 
4.24 	to enhance the child's skill development and to help the child use in daily life the skills 
4.25 	previously taught by a mental health professional or mental health practitioner and to 
4.26 	develop or maintain a home environment that supports the child's progressive use skills;
4.27 	(5) group skills training may be provided to multiple recipients who, because of the 
4.28 	nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from 
4.29 	interaction in a group setting, which must be staffed as follows:
4.30 	(i) one mental health professional or one mental health practitioner under supervision 
4.31 	of a licensed mental health professional must work with a group of four to eight clients; or
4.32 	(ii) two mental health professionals or two mental health practitioners under 
4.33 	supervision of a licensed mental health professional, or one professional plus one 
4.34 	practitioner must work with a group of nine to 12 clients.

4.35 	Sec. 3. Minnesota Statutes 2012, section 256B.0943, subdivision 3, is amended to read:
5.1 		Subd. 3.Determination of client eligibility. A client's eligibility to receive 
5.2 	children's therapeutic services and supports under this section shall be determined based 
5.3 	on a diagnostic assessment by a mental health professional or a mental health practitioner 
5.4 	who meets the requirements as a clinical trainee as defined in Minnesota Rules, part 
5.5 	9505.0371, subpart 5, item C, that is performed within 180 days of one year before
5.6 	 the initial start of service. The diagnostic assessment must meet the requirements for 
5.7 	a standard or extended diagnostic assessment as defined in Minnesota Rules, part 
5.8 	9505.0372, subpart 1, items B and C, and:
5.9 	(1) include current diagnoses on all five axes of the client's current mental health 
5.10 	status;
5.11 	(2) determine whether a child under age 18 has a diagnosis of emotional disturbance 
5.12 	or, if the person is between the ages of 18 and 21, whether the person has a mental illness;
5.13 	(3) document children's therapeutic services and supports as medically necessary to 
5.14 	address an identified disability, functional impairment, and the individual client's needs 
5.15 	and goals;
5.16 	(4) be used in the development of the individualized treatment plan; and
5.17 	(5) be completed annually until age 18. A client with autism spectrum disorder or 
5.18 	pervasive developmental disorder may receive a diagnostic assessment once every three 
5.19 	years, at the request of the parent or guardian, if a mental health professional agrees 
5.20 	there has been little change in the condition and that an annual assessment is not needed. 
5.21 	For individuals between age 18 and 21, unless a client's mental health condition has 
5.22 	changed markedly since the client's most recent diagnostic assessment, annual updating is 
5.23 	necessary. For the purpose of this section, "updating" means a written summary, including 
5.24 	current diagnoses on all five axes, by a mental health professional of the client's current 
5.25 	mental health status and service needs an adult diagnostic update as defined in Minnesota 
5.26 	Rules, part 9505.0371, subpart 2, item E.

5.27 	Sec. 4. Minnesota Statutes 2012, section 256B.0943, subdivision 6, is amended to read:
5.28 		Subd. 6.Provider entity clinical infrastructure requirements. (a) To be an eligible 
5.29 	provider entity under this section, a provider entity must have a clinical infrastructure 
5.30 	that utilizes diagnostic assessment, individualized treatment plans, service delivery, 
5.31 	and individual treatment plan review that are culturally competent, child-centered, and 
5.32 	family-driven to achieve maximum benefit for the client. The provider entity must review, 
5.33 	and update as necessary, the clinical policies and procedures every three years and must 
5.34 	distribute the policies and procedures to staff initially and upon each subsequent update.
6.1 	(b) The clinical infrastructure written policies and procedures must include policies 
6.2 	and procedures for:
6.3 	(1) providing or obtaining a client's diagnostic assessment that identifies acute and 
6.4 	chronic clinical disorders, co-occurring medical conditions, sources of psychological and 
6.5 	environmental problems, including a functional assessment. The functional assessment 
6.6 	component must clearly summarize the client's individual strengths and needs;
6.7 	(2) developing an individual treatment plan that:
6.8 	(i) is based on the information in the client's diagnostic assessment;
6.9 	(ii) identified goals and objectives of treatment, treatment strategy, schedule for 
6.10 	accomplishing treatment goals and objectives, and the individuals responsible for 
6.11 	providing treatment services and supports;
6.12 	(iii) is developed after completion of the client's diagnostic assessment by a mental 
6.13 	health professional and before the provision of children's therapeutic services and supports;
6.14 	(iv) is developed through a child-centered, family-driven, culturally appropriate 
6.15 	planning process;
6.16 	(v) is reviewed at least once every 90 days and revised, if necessary; and
6.17 	(vi) is signed by the clinical supervisor and by the client or by the client's parent or 
6.18 	other person authorized by statute to consent to mental health services for the client;
6.19 	(3) developing an individual behavior plan that documents treatment strategies to be 
6.20 	provided by the mental health behavioral aide. The individual behavior plan must include:
6.21 	(i) detailed instructions on the treatment strategies to be provided;
6.22 	(ii) time allocated to each treatment strategy;
6.23 	(iii) methods of documenting the child's behavior;
6.24 	(iv) methods of monitoring the child's progress in reaching objectives; and
6.25 	(v) goals to increase or decrease targeted behavior as identified in the individual 
6.26 	treatment plan;
6.27 	(4) providing clinical supervision of the mental health practitioner and mental health 
6.28 	behavioral aide. A mental health professional must document the clinical supervision 
6.29 	the professional provides by cosigning individual treatment plans and making entries in 
6.30 	the client's record on supervisory activities. Clinical supervision does not include the 
6.31 	authority to make or terminate court-ordered placements of the child. A clinical supervisor 
6.32 	must be available for urgent consultation as required by the individual client's needs or 
6.33 	the situation. Clinical supervision may occur individually or in a small group to discuss 
6.34 	treatment and review progress toward goals. The focus of clinical supervision must be the 
6.35 	client's treatment needs and progress and the mental health practitioner's or behavioral 
6.36 	aide's ability to provide services;
7.1 	(4a) meeting day treatment and therapeutic preschool programs conditions in items 
7.2 	(i) to (iii):
7.3 	(i) the supervisor must be present and available on the premises more than 50 
7.4 	percent of the time in a five-working-day period during which the supervisee is providing 
7.5 	a mental health service;
7.6 	(ii) the diagnosis and the client's individual treatment plan or a change in the 
7.7 	diagnosis or individual treatment plan must be made by or reviewed, approved, and signed 
7.8 	by the supervisor; and
7.9 	(iii) every 30 days, the supervisor must review and sign the record indicating the 
7.10 	supervisor has reviewed the client's care for all activities in the preceding 30-day period;
7.11 	(4b) meeting the clinical supervision standards in items (i) to (iii) for all other 
7.12 	services provided under CTSS:
7.13 	(i) medical assistance shall reimburse for services provided by a mental health 
7.14 	practitioner who maintains a consulting relationship with a mental health professional 
7.15 	who accepts full professional responsibility;
7.16 	(ii) medical assistance shall reimburse for services provided by a mental health 
7.17 	behavioral aide who maintains a consulting relationship with a mental health professional 
7.18 	who accepts full professional responsibility and has an approved plan for clinical 
7.19 	supervision of the behavioral aide. Plans will be approved developed in accordance with 
7.20 	supervision standards promulgated by the commissioner of human services defined in 
7.21 	Minnesota Rules, part 9505.0371, subpart 4, items A to D;
7.22 	(iii) the mental health professional is required to be present on site for observation as 
7.23 	clinically appropriate when the mental health practitioner or mental health behavioral aide 
7.24 	is providing CTSS services; and
7.25 	(iv) when conducted, the on-site presence of the mental health professional must be 
7.26 	documented in the child's record and signed by the mental health professional who accepts 
7.27 	full professional responsibility;
7.28 	(5) providing direction to a mental health behavioral aide. For entities that employ 
7.29 	mental health behavioral aides, the clinical supervisor must be employed by the provider 
7.30 	entity or other certified children's therapeutic supports and services provider entity to 
7.31 	ensure necessary and appropriate oversight for the client's treatment and continuity 
7.32 	of care. The mental health professional or mental health practitioner giving direction 
7.33 	must begin with the goals on the individualized treatment plan, and instruct the mental 
7.34 	health behavioral aide on how to construct therapeutic activities and interventions that 
7.35 	will lead to goal attainment. The professional or practitioner giving direction must also 
7.36 	instruct the mental health behavioral aide about the client's diagnosis, functional status, 
8.1 	and other characteristics that are likely to affect service delivery. Direction must also 
8.2 	include determining that the mental health behavioral aide has the skills to interact with 
8.3 	the client and the client's family in ways that convey personal and cultural respect and 
8.4 	that the aide actively solicits information relevant to treatment from the family. The aide 
8.5 	must be able to clearly explain the activities the aide is doing with the client and the 
8.6 	activities' relationship to treatment goals. Direction is more didactic than is supervision 
8.7 	and requires the professional or practitioner providing it to continuously evaluate the 
8.8 	mental health behavioral aide's ability to carry out the activities of the individualized 
8.9 	treatment plan and the individualized behavior plan. When providing direction, the 
8.10 	professional or practitioner must:
8.11 	(i) review progress notes prepared by the mental health behavioral aide for accuracy 
8.12 	and consistency with diagnostic assessment, treatment plan, and behavior goals and the 
8.13 	professional or practitioner must approve and sign the progress notes;
8.14 	(ii) identify changes in treatment strategies, revise the individual behavior plan, 
8.15 	and communicate treatment instructions and methodologies as appropriate to ensure 
8.16 	that treatment is implemented correctly;
8.17 	(iii) demonstrate family-friendly behaviors that support healthy collaboration among 
8.18 	the child, the child's family, and providers as treatment is planned and implemented;
8.19 	(iv) ensure that the mental health behavioral aide is able to effectively communicate 
8.20 	with the child, the child's family, and the provider; and
8.21 	(v) record the results of any evaluation and corrective actions taken to modify the 
8.22 	work of the mental health behavioral aide;
8.23 	(6) providing service delivery that implements the individual treatment plan and 
8.24 	meets the requirements under subdivision 9; and
8.25 	(7) individual treatment plan review. The review must determine the extent to which 
8.26 	the services have met the goals and objectives in the previous treatment plan. The review 
8.27 	must assess the client's progress and ensure that services and treatment goals continue to 
8.28 	be necessary and appropriate to the client and the client's family or foster family. Revision 
8.29 	of the individual treatment plan does not require a new diagnostic assessment unless the 
8.30 	client's mental health status has changed markedly. The updated treatment plan must be 
8.31 	signed by the clinical supervisor and by the client, if appropriate, and by the client's 
8.32 	parent or other person authorized by statute to give consent to the mental health services 
8.33 	for the child.

8.34 	Sec. 5. Minnesota Statutes 2012, section 256B.0943, subdivision 9, is amended to read:
9.1 		Subd. 9.Service delivery criteria. (a) In delivering services under this section, a 
9.2 	certified provider entity must ensure that:
9.3 	(1) each individual provider's caseload size permits the provider to deliver services 
9.4 	to both clients with severe, complex needs and clients with less intensive needs. The 
9.5 	provider's caseload size should reasonably enable the provider to play an active role in 
9.6 	service planning, monitoring, and delivering services to meet the client's and client's 
9.7 	family's needs, as specified in each client's individual treatment plan;
9.8 	(2) site-based programs, including day treatment and preschool programs, provide 
9.9 	staffing and facilities to ensure the client's health, safety, and protection of rights, and that 
9.10 	the programs are able to implement each client's individual treatment plan;
9.11 	(3) a day treatment program is provided to a group of clients by a multidisciplinary 
9.12 	team under the clinical supervision of a mental health professional. The day treatment 
9.13 	program must be provided in and by: (i) an outpatient hospital accredited by the Joint 
9.14 	Commission on Accreditation of Health Organizations and licensed under sections 144.50 
9.15 	to 144.55; (ii) a community mental health center under section 245.62; or (iii) an entity 
9.16 	that is certified under subdivision 4 to operate a program that meets the requirements of 
9.17 	section 245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475. The 
9.18 	day treatment program must stabilize the client's mental health status while developing 
9.19 	and improving the client's independent living and socialization skills. The goal of the day 
9.20 	treatment program must be to reduce or relieve the effects of mental illness and provide 
9.21 	training to enable the client to live in the community. The program must be available at 
9.22 	least one day a week for a two-hour time block. The two-hour time block must include 
9.23 	at least one hour of individual or group psychotherapy. The remainder of the structured 
9.24 	treatment program may include individual or group psychotherapy, and individual or 
9.25 	group skills training, if included in the client's individual treatment plan. Day treatment 
9.26 	programs are not part of inpatient or residential treatment services. A day treatment 
9.27 	program may provide fewer than the minimally required hours for a particular child during 
9.28 	a billing period in which the child is transitioning into, or out of, the program; and
9.29 	(4) a therapeutic preschool program is a structured treatment program offered 
9.30 	to a child who is at least 33 months old, but who has not yet reached the first day of 
9.31 	kindergarten, by a preschool multidisciplinary team in a day program licensed under 
9.32 	Minnesota Rules, parts 9503.0005 to 9503.0175. The program must be available two 
9.33 	hours per day, five days per week, and 12 months of each calendar year. The structured 
9.34 	treatment program may include individual or group psychotherapy and individual or 
9.35 	group skills training, if included in the client's individual treatment plan. A therapeutic 
10.1 	preschool program may provide fewer than the minimally required hours for a particular 
10.2 	child during a billing period in which the child is transitioning into, or out of, the program.
10.3 	(b) A provider entity must deliver the service components of children's therapeutic 
10.4 	services and supports in compliance with the following requirements:
10.5 	(1) individual, family, and group psychotherapy must be delivered as specified in 
10.6 	Minnesota Rules, part 9505.0323 9505.0372, subpart 6;
10.7 	(2) individual, family, or group skills training must be provided by a mental health 
10.8 	professional or a mental health practitioner who has a consulting relationship with a 
10.9 	mental health professional who accepts full professional responsibility for the training;
10.10 	(3) crisis assistance must be time-limited and designed to resolve or stabilize crisis 
10.11 	through arrangements for direct intervention and support services to the child and the 
10.12 	child's family. Crisis assistance must utilize resources designed to address abrupt or 
10.13 	substantial changes in the functioning of the child or the child's family as evidenced by 
10.14 	a sudden change in behavior with negative consequences for well being, a loss of usual 
10.15 	coping mechanisms, or the presentation of danger to self or others;
10.16 	(4) mental health behavioral aide services must be medically necessary treatment 
10.17 	services, identified in the child's individual treatment plan and individual behavior plan, 
10.18 	which are performed minimally by a paraprofessional qualified according to subdivision 
10.19 	7, paragraph (b), clause (3), and which are designed to improve the functioning of the 
10.20 	child in the progressive use of developmentally appropriate psychosocial skills. Activities 
10.21 	involve working directly with the child, child-peer groupings, or child-family groupings to 
10.22 	practice, repeat, reintroduce, and master the skills defined in subdivision 1, paragraph (p), 
10.23 	as previously taught by a mental health professional or mental health practitioner including:
10.24 	(i) providing cues or prompts in skill-building peer-to-peer or parent-child 
10.25 	interactions so that the child progressively recognizes and responds to the cues 
10.26 	independently;
10.27 	(ii) performing as a practice partner or role-play partner;
10.28 	(iii) reinforcing the child's accomplishments;
10.29 	(iv) generalizing skill-building activities in the child's multiple natural settings;
10.30 	(v) assigning further practice activities; and
10.31 	(vi) intervening as necessary to redirect the child's target behavior and to de-escalate 
10.32 	behavior that puts the child or other person at risk of injury.
10.33 	A mental health behavioral aide must document the delivery of services in written 
10.34 	progress notes. The mental health behavioral aide must implement treatment strategies 
10.35 	in the individual treatment plan and the individual behavior plan. The mental health 
10.36 	behavioral aide must document the delivery of services in written progress notes. Progress 
11.1 	notes must reflect implementation of the treatment strategies, as performed by the mental 
11.2 	health behavioral aide and the child's responses to the treatment strategies; and
11.3 	(5) direction of a mental health behavioral aide must include the following:
11.4 	(i) a clinical supervision plan approved by the responsible mental health professional;
11.5 	(ii) ongoing on-site face-to-face observation of the mental health behavioral aide 
11.6 	delivering services to a child by a mental health professional or mental health practitioner 
11.7 	for at least a total of one hour during every 40 hours of service provided to a child; and
11.8 	(iii) immediate accessibility of the mental health professional or mental health 
11.9 	practitioner to the mental health behavioral aide during service provision.

11.10 	Sec. 6. Minnesota Statutes 2012, section 256B.0944, subdivision 5, is amended to read:
11.11 		Subd. 5.Mobile crisis intervention staff qualifications. (a) To provide children's 
11.12 	mental health mobile crisis intervention services, a mobile crisis intervention team must 
11.13 	include:
11.14 	(1) at least two mental health professionals as defined in section 256B.0943, 
11.15 	subdivision 1, paragraph (n) (o); or
11.16 	(2) a combination of at least one mental health professional and one mental health 
11.17 	practitioner as defined in section 245.4871, subdivision 26, with the required mental health 
11.18 	crisis training and under the clinical supervision of a mental health professional on the team.
11.19 	(b) The team must have at least two people with at least one member providing 
11.20 	on-site crisis intervention services when needed. Team members must be experienced in 
11.21 	mental health assessment, crisis intervention techniques, and clinical decision making 
11.22 	under emergency conditions and have knowledge of local services and resources. The 
11.23 	team must recommend and coordinate the team's services with appropriate local resources, 
11.24 	including the county social services agency, mental health service providers, and local law 
11.25 	enforcement, if necessary.

11.26 	ARTICLE 2
11.27 	STATE-OPERATED SERVICES

11.28 	Section 1. Minnesota Statutes 2012, section 13.461, is amended by adding a 
11.29 	subdivision to read:
11.30 		Subd. 8a.State institutions. Disclosure of certain data on an individual who was 
11.31 	buried on the grounds of a state institution is governed by section 246.33, subdivision 4.

12.1 	Sec. 2. Minnesota Statutes 2012, section 245.036, is amended to read:
12.2 	245.036 LEASES FOR STATE-OPERATED, COMMUNITY-BASED 
12.3 	PROGRAMS.
12.4 	(a) Notwithstanding section 16B.24, subdivision 6, paragraph (a), or any other law 
12.5 	to the contrary, the commissioner of administration may lease land or other premises 
12.6 	to provide state-operated, community-based programs authorized by sections 246.014, 
12.7 	paragraph (a), and 252.50, 253.018, and 253.28 for a term of 20 years or less, with a 
12.8 	ten-year or less option to renew, subject to cancellation upon 30 days' notice by the state 
12.9 	for any reason, except rental of other land or premises for the same use.
12.10 	(b) The commissioner of administration may also lease land or premises from 
12.11 	political subdivisions of the state to provide state-operated, community-based programs 
12.12 	authorized by sections 246.014, paragraph (a), and 252.50, 253.018, and 253.28 for a term 
12.13 	of 20 years or less, with a ten-year or less option to renew. A lease under this paragraph 
12.14 	may be canceled only due to the lack of a legislative appropriation for the program.

12.15 	Sec. 3. Minnesota Statutes 2012, section 246.014, is amended to read:
12.16 	246.014 SERVICES.
12.17 	The measure of services established and prescribed by section 246.012, are:
12.18 	(a) The commissioner of human services shall develop and maintain state-operated 
12.19 	services in a manner consistent with sections 245.461, and245.487, and 253.28, and 
12.20 	chapters 252, 254A, and 254B. State-operated services shall be provided in coordination 
12.21 	with counties and other vendors. State-operated services shall include regional treatment 
12.22 	centers, specialized inpatient or outpatient treatment programs, enterprise services, 
12.23 	community-based services and programs, community preparation services, consultative 
12.24 	services, and other services consistent with the mission of the Department of Human 
12.25 	Services. These services shall include crisis beds, waivered homes, intermediate care 
12.26 	facilities, and day training and habilitation facilities. The administrative structure of 
12.27 	state-operated services must be statewide in character. The state-operated services staff 
12.28 	may deliver services at any location throughout the state.
12.29 	(b) The commissioner of human services shall create and maintain forensic services 
12.30 	programs. Forensic services shall be provided in coordination with counties and other 
12.31 	vendors. Forensic services shall include specialized inpatient programs at secure treatment 
12.32 	facilities as defined in section 253B.02, subdivision 18a, consultative services, aftercare 
12.33 	services, community-based services and programs, transition services, nursing home 
12.34 	services, or other services consistent with the mission of the Department of Human 
12.35 	Services.
13.1 	(c) Community preparation services as identified in paragraphs (a) and (b) are 
13.2 	defined as specialized inpatient or outpatient services or programs operated outside of a 
13.3 	secure environment but are administered by a secured treatment facility.
13.4 	(d) The commissioner of human services may establish policies and procedures 
13.5 	which govern the operation of the services and programs under the direct administrative 
13.6 	authority of the commissioner.

13.7 	Sec. 4. Minnesota Statutes 2012, section 246.0141, is amended to read:
13.8 	246.0141 TOBACCO USE PROHIBITED.
13.9 	No patient, staff, guest, or visitor on the grounds or in a state regional treatment 
13.10 	center, the Minnesota Security Hospital, or the Minnesota sex offender program, or 
13.11 	the Minnesota extended treatment options program may possess or use tobacco or a 
13.12 	tobacco-related device. For the purposes of this section, "tobacco" and "tobacco-related 
13.13 	device" have the meanings given in section 609.685, subdivision 1. This section does not 
13.14 	prohibit the possession or use of tobacco or a tobacco-related device by an adult as part of 
13.15 	a traditional Indian spiritual or cultural ceremony. For purposes of this section, an Indian is 
13.16 	a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.

13.17 	Sec. 5. Minnesota Statutes 2012, section 246.0251, is amended to read:
13.18 	246.0251 HOSPITAL ADMINISTRATOR.
13.19 	Notwithstanding any provision of law to the contrary, the commissioner of human 
13.20 	services may appoint a hospital administrator at any state hospital. Such hospital 
13.21 	administrator shall be a graduate of an accredited college giving a course leading to a 
13.22 	degree in hospital administration and the commissioner of human services, by rule, shall 
13.23 	designate such colleges which in the opinion of the commissioner give an accredited 
13.24 	course in hospital administration. The provisions of this section shall not apply to 
13.25 	any chief executive officer now appointed to that position who on July 1, 1963, is 
13.26 	neither a physician and surgeon nor a graduate of a college giving a degree in hospital 
13.27 	administration. In addition to a hospital administrator, the commissioner of human 
13.28 	services may appoint a licensed doctor of medicine as chief of the medical staff who shall 
13.29 	be in charge of all medical care, treatment, rehabilitation and research.

13.30 	Sec. 6. Minnesota Statutes 2012, section 246.12, is amended to read:
13.31 	246.12 BIENNIAL ESTIMATES; SUGGESTIONS FOR LEGISLATION.
14.1 	The commissioner of human services shall prepare, for the use of the legislature, 
14.2 	biennial estimates of appropriations necessary or expedient to be made for the support of 
14.3 	the several institutions and for extraordinary and special expenditures for buildings and 
14.4 	other improvements. The commissioner shall, in connection therewith, make suggestions 
14.5 	relative to legislation for the benefit of the institutions, or for improving the condition of the 
14.6 	dependent, defective, or criminal classes. The commissioner shall report the estimates and 
14.7 	suggestions to the legislature on or before November 15 in each even-numbered year. The 
14.8 	commissioner of human services on request shall appear before any legislative committee 
14.9 	and furnish any required information in regard to the condition of any such institution.

14.10 	Sec. 7. Minnesota Statutes 2012, section 246.128, is amended to read:
14.11 	246.128 NOTIFICATION TO LEGISLATURE REQUIRED.
14.12 	The commissioner shall notify the chairs and ranking minority members of 
14.13 	the relevant legislative committees regarding the redesign, closure, or relocation of 
14.14 	state-operated services programs. The notification must include the advice of the Chemical 
14.15 	and Mental Health Services Transformation Advisory Task Force under section 246.125.

14.16 	Sec. 8. Minnesota Statutes 2012, section 246.33, subdivision 4, is amended to read:
14.17 		Subd. 4.Plots in cemetery. The cemetery shall be platted into lots, which shall 
14.18 	be numbered; it shall have streets and walks, and the same shall be shown on the plat. 
14.19 	All containing graves shall be indicated by an appropriate marker of permanent nature 
14.20 	for identification purposes. Notwithstanding section 13.46, the commissioner of human 
14.21 	services may share private data on individuals for purposes of placing a marker on each 
14.22 	grave.

14.23 	Sec. 9. Minnesota Statutes 2012, section 246.54, subdivision 2, is amended to read:
14.24 		Subd. 2.Exceptions. (a) Subdivision 1 does not apply to services provided at 
14.25 	the Minnesota Security Hospital or the Minnesota extended treatment options program. 
14.26 	For services at these facilities, a county's payment shall be made from the county's own 
14.27 	sources of revenue and payments shall be paid as follows: payments to the state from the 
14.28 	county shall equal ten percent of the cost of care, as determined by the commissioner, for 
14.29 	each day, or the portion thereof, that the client spends at the facility. If payments received 
14.30 	by the state under sections 246.50 to 246.53 exceed 90 percent of the cost of care, the 
14.31 	county shall be responsible for paying the state only the remaining amount. The county 
14.32 	shall not be entitled to reimbursement from the client, the client's estate, or from the 
14.33 	client's relatives, except as provided in section 246.53.
15.1 	(b) Regardless of the facility to which the client is committed, subdivision 1 does 
15.2 	not apply to the following individuals:
15.3 	(1) clients who are committed as mentally ill and dangerous under section 253B.02, 
15.4 	subdivision 17;
15.5 	(2) clients who are committed as sexual psychopathic personalities under section 
15.6 	253B.02, subdivision 18b; and
15.7 	(3) clients who are committed as sexually dangerous persons under section 253B.02, 
15.8 	subdivision 18c.
15.9 	For each of the individuals in clauses (1) to (3), the payment by the county to the state 
15.10 	shall equal ten percent of the cost of care for each day as determined by the commissioner.

15.11 	Sec. 10. Minnesota Statutes 2012, section 246.64, subdivision 1, is amended to read:
15.12 		Subdivision 1.Chemical dependency rates. Notwithstanding sections 246.50, 
15.13 	subdivision 5;, and246.511; and 251.011, the commissioner shall establish separate rates 
15.14 	for each chemical dependency service operated by the commissioner and may establish 
15.15 	separate rates for each service component within the program by establishing fees for 
15.16 	services or different per diem rates for each separate chemical dependency unit within the 
15.17 	program based on actual costs attributable to the service or unit. The rate must allocate 
15.18 	the cost of all anticipated maintenance, treatment, and expenses including depreciation 
15.19 	of buildings and equipment, interest paid on bonds issued for capital improvements for 
15.20 	chemical dependency programs, reimbursement and other indirect costs related to the 
15.21 	operation of chemical dependency programs other than that paid from the Minnesota state 
15.22 	building fund or the bond proceeds fund, and losses due to bad debt. The rate must not 
15.23 	include allocations of chaplaincy, patient advocacy, or quality assurance costs that are 
15.24 	not required for chemical dependency licensure by the commissioner or certification 
15.25 	for chemical dependency by the Joint Commission on Accreditation of Hospitals. 
15.26 	Notwithstanding any other law, the commissioner shall treat these costs as nonhospital 
15.27 	department expenses.

15.28 	Sec. 11. Minnesota Statutes 2012, section 252.41, subdivision 7, is amended to read:
15.29 		Subd. 7.Regional center. "Regional center" means any one of the seven
15.30 	 state-operated facilities facility under the direct administrative authority of the 
15.31 	commissioner that serve serves persons with developmental disabilities. The following 
15.32 	facilities are regional centers: Brainerd Regional Human Services Center; Cambridge 
15.33 	Regional Treatment Center; Faribault Regional Center; Fergus Falls Regional Treatment 
16.1 	Center; Moose Lake Regional Treatment Center; St. Peter Regional Treatment Center; 
16.2 	and Willmar Regional Treatment Center.

16.3 	Sec. 12. Minnesota Statutes 2012, section 253.015, subdivision 1, is amended to read:
16.4 		Subdivision 1.State-operated services for persons with mental illness. The 
16.5 	state-operated services facilities located at Anoka, Brainerd, Fergus Falls, St. Peter, and 
16.6 	Willmar shall constitute the state-operated services facilities for persons with mental 
16.7 	illness, and shall be maintained under the general management of the commissioner 
16.8 	of human services. The commissioner of human services shall determine to what 
16.9 	state-operated services facility persons with mental illness shall be committed from each 
16.10 	county and notify the judge exercising probate jurisdiction thereof, and of changes made 
16.11 	from time to time.

16.12 	Sec. 13. Minnesota Statutes 2012, section 253B.045, subdivision 2, is amended to read:
16.13 		Subd. 2.Facilities. (a) Each county or a group of counties shall maintain or provide 
16.14 	by contract a facility for confinement of persons held temporarily for observation, 
16.15 	evaluation, diagnosis, treatment, and care. When the temporary confinement is provided 
16.16 	at a regional treatment center, the commissioner shall charge the county of financial 
16.17 	responsibility for the costs of confinement of persons hospitalized under section 253B.05, 
16.18 	subdivisions 1 and 2, and section 253B.07, subdivision 2b, except that the commissioner 
16.19 	shall bill the responsible health plan first. Any charges not covered, including co-pays 
16.20 	and deductibles shall be the responsibility of the county. If the person has health plan 
16.21 	coverage, but the hospitalization does not meet the criteria in subdivision 6 or section 
16.22 	62M.07, 62Q.53, or 62Q.535, the county is responsible. When a person is temporarily 
16.23 	confined in a Department of Corrections facility solely under subdivision 1a, and not 
16.24 	based on any separate correctional authority:
16.25 	(1) the commissioner of corrections may charge the county of financial responsibility 
16.26 	for the costs of confinement; and
16.27 	(2) the Department of Human Services shall use existing appropriations to fund 
16.28 	all remaining nonconfinement costs. The funds received by the commissioner for the 
16.29 	confinement and nonconfinement costs are appropriated to the department for these 
16.30 	purposes.
16.31 	(b) For the purposes of this subdivision, "county of financial responsibility" has the 
16.32 	meaning specified in section 253B.02, subdivision 4c, or, if the person has no residence 
16.33 	in this state, the county which initiated the confinement. The charge for confinement 
16.34 	in a facility operated by the commissioner of human services shall be based on the 
17.1 	commissioner's determination of the cost of care pursuant to section 246.50, subdivision 
17.2 	5. When there is a dispute as to which county is the county of financial responsibility, the 
17.3 	county charged for the costs of confinement shall pay for them pending final determination 
17.4 	of the dispute over financial responsibility.

17.5 	Sec. 14. Minnesota Statutes 2012, section 254.05, is amended to read:
17.6 	254.05 DESIGNATION OF STATE HOSPITALS.
17.7 	The state hospital located at Anoka shall hereafter be known and designated as the 
17.8 	Anoka-Metro Regional Treatment Center.; the state hospital located at Willmar shall 
17.9 	hereafter be known and designated as the Willmar Regional Treatment Center; until June 
17.10 	30, 1995, the state hospital located at Moose Lake shall be known and designated as 
17.11 	the Moose Lake Regional Treatment Center; after June 30, 1995, the newly established 
17.12 	state facility at Moose Lake shall be known and designated as the Minnesota Sexual 
17.13 	Psychopathic Personality Treatment Center; the state hospital located at Fergus Falls shall 
17.14 	hereafter be known and designated as the Fergus Falls Regional Treatment Center; and the 
17.15 	state hospital located at St. Peter shall hereafter be known and designated as the St. Peter 
17.16 	Regional Treatment Center. Each of the foregoing state hospitals shall also be known by 
17.17 	the name of regional center at the discretion of the commissioner of human services. The 
17.18 	terms "human services" or "treatment" may be included in the designation.

17.19 	Sec. 15. Minnesota Statutes 2012, section 295.50, subdivision 10b, is amended to read:
17.20 		Subd. 10b.Regional treatment center. "Regional treatment center" means a 
17.21 	regional center as defined in section 253B.02, subdivision 18, and named in sections 
17.22 	253.015, subdivision 1, and section254.05.

17.23 	Sec. 16. Minnesota Statutes 2012, section 462A.03, subdivision 13, is amended to read:
17.24 		Subd. 13.Eligible mortgagor. "Eligible mortgagor" means a nonprofit or 
17.25 	cooperative housing corporation; the Department of Administration for the purpose of 
17.26 	developing nursing home beds under section 251.011 or community-based programs as 
17.27 	defined in sections section252.50and 253.28; a limited profit entity or a builder as defined 
17.28 	by the agency in its rules, which sponsors or constructs residential housing as defined in 
17.29 	subdivision 7; or a natural person of low or moderate income, except that the return to 
17.30 	a limited dividend entity shall not exceed 15 percent of the capital contribution of the 
17.31 	investors or such lesser percentage as the agency shall establish in its rules, provided that 
17.32 	residual receipts funds of a limited dividend entity may be used for agency-approved, 
17.33 	housing-related investments owned by the limited dividend entity without regard to the 
18.1 	limitation on returns. Owners of existing residential housing occupied by renters shall 
18.2 	be eligible for rehabilitation loans, only if, as a condition to the issuance of the loan, the 
18.3 	owner agrees to conditions established by the agency in its rules relating to rental or other 
18.4 	matters that will insure that the housing will be occupied by persons and families of low 
18.5 	or moderate income. The agency shall require by rules that the owner give preference 
18.6 	to those persons of low or moderate income who occupied the residential housing at the 
18.7 	time of application for the loan.

18.8 	Sec. 17.  REPEALER.
 18.9 	Minnesota Statutes 2012, sections 246.04; 246.05; 246.125; 246.21; 246.57, 
18.10 	subdivision 5; 246.58; 246.59; 251.011, subdivisions 3 and 6; 253.015, subdivision 4; 
18.11 	253.018; and 253.28, are repealed.

18.12 	ARTICLE 3
18.13 	TERMINOLOGY CHANGES

18.14 	Section 1. Minnesota Statutes 2012, section 246.51, subdivision 3, is amended to read:
18.15 		Subd. 3.Applicability. The commissioner may recover, under sections 246.50 to 
18.16 	246.55, the cost of any care provided in a state facility, including care provided prior to 
18.17 	July 1, 1989, regardless of the terminology used to designate the status or condition of the 
18.18 	person receiving the care or the terminology used to identify the facility. For purposes 
18.19 	of recovering the cost of care provided prior to July 1, 1989, the term "state facility" as 
18.20 	used in sections 246.50 to 246.55 includes "state hospital," "regional treatment center," or 
18.21 	"regional center"; and the term "client" includes, but is not limited to, persons designated 
18.22 	as "mentally deficient having a mental illness or developmental disability," "inebriate," or
18.23 	 "chemically dependent,." or "intoxicated."

18.24 	Sec. 2. Minnesota Statutes 2012, section 256.976, subdivision 3, is amended to read:
18.25 		Subd. 3.Grants-in-aid. The Minnesota Board on Aging, hereinafter called the 
18.26 	board, may make grants-in-aid for the employment of foster grandparents to qualified 
18.27 	resident group homes for dependent and neglected persons, day care centers and other 
18.28 	public or nonprofit private institutions and agencies providing care for neglected and 
18.29 	disadvantaged persons who lack close personal relationships. Agencies and institutions 
18.30 	seeking aid shall apply on a form prescribed by the board. Priority shall be given to 
18.31 	agencies and institutions providing care for retarded children with developmental 
18.32 	disabilities. Grants shall not be made to local public or nonprofit agencies until 40 percent 
18.33 	of the recognized need for foster grandparents within state institutions has been met. 
19.1 	Grants shall be for a period of 12 months or less, and grants to local public and nonprofit 
19.2 	agencies or institutions shall be based on 90 percent state, and ten percent local sharing 
19.3 	of program expenditures authorized by the board. Grants shall not be used to match 
19.4 	other state funds nor shall any person paid from grant funds be used to replace any staff 
19.5 	member of the grantee. Grants may be used to match federal funds. Each grantee shall 
19.6 	file a semiannual report with the board at the time and containing such information as 
19.7 	the board shall prescribe.

19.8 	Sec. 3. Minnesota Statutes 2012, section 272.02, subdivision 94, is amended to read:
19.9 		Subd. 94.Elderly living facility. (a) The first $5,000,000 in market value of an 
19.10 	elderly living facility is exempt from taxation if it meets all of the following requirements:
19.11 	(1) the facility consists of no more than 75 living units;
19.12 	(2) the facility is located in a city of the first class with a population of more than 
19.13 	350,000;
19.14 	(3) the facility is owned and operated by a nonprofit corporation organized under 
19.15 	chapter 317A;
19.16 	(4) the owner of the facility is an affiliate of entities that own and operate assisted 
19.17 	living and skilled nursing facilities that:
19.18 	(i) are located across a street from the facility;
19.19 	(ii) are adjacent to a church that is exempt from taxation under subdivision 6;
19.20 	(iii) include a congregate dining program; and
19.21 	(iv) provide assisted living or similar social and physical support;
19.22 	(5) the residents of the facility must be:
19.23 	(i) be at least 62 years of age; or
19.24 	(ii) handicapped have a disability;
19.25 	(6) at least 30 percent of the units in the facility are occupied by persons whose 
19.26 	annual income does not exceed 50 percent of median family income for the area; and
19.27 	(7) before taxes payable in 2010, the facility has received approval of street vacation 
19.28 	and land use applications from the city in which it is to be located.
19.29 	(b) In this subdivision, "affiliate" means any entity directly or indirectly controlling 
19.30 	or controlled by or under direct or indirect common control with an entity, and "control" 
19.31 	means the power to direct management and policies through membership or ownership 
19.32 	of voting securities.
19.33 	(c) The exemption provided in this subdivision applies to taxes levied in each 
19.34 	year or partial year of the term of the facility's initial permanent financing or 25 years, 
19.35 	whichever is later.

20.1 	Sec. 4. Minnesota Statutes 2012, section 281.04, is amended to read:
20.2 	281.04 REDEMPTION BY PERSONS UNDER DISABILITY.
20.3 	Minors, insane persons with a mental illness, persons developmentally disabled with 
20.4 	a developmental disability, or persons in captivity or in any country with which the United 
20.5 	States is at war, having an estate in or lien on lands sold for taxes, of record in the office of 
20.6 	the county recorder of the county where the lands lie, before the expiration of three years 
20.7 	from the date of such sale, may redeem the same within one year after such disability shall 
20.8 	cease; but in such case the right to redeem must be established in a suit for that purpose 
20.9 	brought against the party holding the title under the sale.

20.10 	Sec. 5. Minnesota Statutes 2012, section 322.24, is amended to read:
20.11 	322.24 WHEN CERTIFICATE SHALL BE CANCELED OR AMENDED.
20.12 	The certificate shall be canceled when the partnership is dissolved or all limited 
20.13 	partners cease to be such.
20.14 	A certificate shall be amended when:
20.15 	(1) there is a change in the name of the partnership or in the amount or character 
20.16 	of the contribution of any limited partner;
20.17 	(2) a person is substituted as a limited partner;
20.18 	(3) an additional limited partner is admitted;
20.19 	(4) a person is admitted as a general partner;
20.20 	(5) a general partner retires, dies, or becomes insane is adjudicated as a person who 
20.21 	lacks mental capacity, and the business is continued under section 322.20;
20.22 	(6) there is a change in the character of the business of the partnership;
20.23 	(7) there is a false or erroneous statement in the certificate;
20.24 	(8) there is a change in the time as stated in the certificate for the dissolution of the 
20.25 	partnership or for the return of the contribution;
20.26 	(9) a time is fixed for the dissolution of the partnership, or the return of a 
20.27 	contribution, no time having been specified in the certificate; or
20.28 	(10) the members desire to make a change in any other statement in the certificate in 
20.29 	order that it shall accurately represent the agreement between them.

20.30 	Sec. 6. Minnesota Statutes 2012, section 357.28, subdivision 1, is amended to read:
20.31 		Subdivision 1.Fees. The fees to be charged and collected by a court commissioner 
20.32 	shall be as follows, and no other or greater fees shall be charged:
20.33 	(1) for examining any petition, complaint, affidavit, or any paper wherein an order 
20.34 	is required, $2.50;
21.1 	(2) for making and entering an order on the same, $1;
21.2 	(3) for examining an alleged insane a person alleged to have a mental illness or 
21.3 	inebriate person chemical dependency for commitment, $25;
21.4 	(4) for hearing and deciding on the return of a writ of habeas corpus, $10 for each 
21.5 	day necessarily occupied;
21.6 	(5) for examination of judgment debtors in proceedings supplementary to execution 
21.7 	and for all disclosures in garnishment proceedings, in writing, 25 cents per folio;
21.8 	(6) for all other services rendered by the commissioner, the same fees as are allowed 
21.9 	by law to other officers for similar services.

21.10 	Sec. 7. Minnesota Statutes 2012, section 387.20, subdivision 1, is amended to read:
21.11 		Subdivision 1.Counties under 75,000. (a) In addition to the sheriff's salary, the 
21.12 	sheriff shall be reimbursed for all expenses incurred in the performance of official duties 
21.13 	for the sheriff's county and the claim for the expenses shall be prepared, allowed, and paid 
21.14 	in the same manner as other claims against counties are prepared, allowed, and paid except 
21.15 	that the expenses incurred by the sheriffs in the performance of service required of them in 
21.16 	connection with insane persons with a mental illness either by a district court or by law 
21.17 	and a per diem for deputies and assistants necessarily required under the performance of 
21.18 	the services shall be allowed and paid as provided by the law regulating the apprehension, 
21.19 	examination, and commitment of insane persons with a mental illness; provided that any 
21.20 	sheriff or deputy receiving an annual salary shall pay over any per diem received to the 
21.21 	county in the manner and at the time prescribed by the county board, but not less often 
21.22 	than once each month.
21.23 	(b) All claims for livery hire shall state the purpose for which such livery was used 
21.24 	and have attached thereto a receipt for the amount paid for such livery signed by the 
21.25 	person of whom it was hired.
21.26 	(c) A county may pay a sheriff or deputy as compensation for the use of a personal 
21.27 	automobile in the performance of official duties a mileage allowance prescribed by the 
21.28 	county board or a monthly or other periodic allowance in lieu of mileage. The allowance 
21.29 	for automobile use is not subject to limits set by other law.

21.30 	Sec. 8. Minnesota Statutes 2012, section 481.12, is amended to read:
21.31 	481.12 DISABILITY; SUBSTITUTION.
21.32 	When the sole attorney of a party to any action or proceeding in any court of record 
21.33 	dies, becomes insane mentally incapacitated, or is removed or suspended, the party for 
21.34 	whom the attorney appears shall appoint another attorney within ten days after the disability 
22.1 	arises, and give immediate written notice of the substitution to the adverse party. If the party 
22.2 	fails to make substitution within such time, the adverse party, at least 20 days before taking 
22.3 	further proceedings against the party, shall give the party written notice to appoint another 
22.4 	attorney. When, for any reason, the attorney for a party ceases to act, and the party has no 
22.5 	known residence within the state, such notice may be served upon the court administrator. 
22.6 	In case such party fails either to comply with the notice or appear in person within 30 
22.7 	days, the party shall not be entitled to notice of subsequent proceedings in the case.

22.8 	Sec. 9. Minnesota Statutes 2012, section 508.79, is amended to read:
22.9 	508.79 LIMITATION OF ACTION.
22.10 	Any action or proceeding pursuant to section 508.76 to recover damages out of 
22.11 	the general fund, shall be commenced within six years from the time when the right 
22.12 	to commence the same accrued, and not afterwards. If at the time the right accrued or 
22.13 	thereafter within the six-year period, the person entitled to bring such action or proceeding 
22.14 	is a minor, or insane is a person who lacks the mental capacity to make decisions, or 
22.15 	imprisoned, or absent from the United States in its service or the service of the state, such 
22.16 	person, or anyone claiming under that person, may commence such action or proceeding 
22.17 	within two years after such disability is removed.

22.18 	Sec. 10. Minnesota Statutes 2012, section 508A.79, is amended to read:
22.19 	508A.79 LIMITATION OF ACTION.
22.20 	Any action or proceeding pursuant to section 508A.76 to recover damages out 
22.21 	of the general fund shall be commenced within six years from the time when the right 
22.22 	to commence the same accrued, and not afterwards. If at the time the right accrued or 
22.23 	thereafter within the six-year period, the person entitled to bring the action or proceeding 
22.24 	is a minor, or insane is a person who lacks the mental capacity to make decisions, or 
22.25 	imprisoned, or absent from the United States in its service or the service of the state, the 
22.26 	person, or anyone claiming under the person, may commence the action or proceeding 
22.27 	within two years after the disability is removed.

22.28 	Sec. 11. Minnesota Statutes 2012, section 518.04, is amended to read:
22.29 	518.04 INSUFFICIENT GROUNDS FOR ANNULMENT.
22.30 	No marriage shall be adjudged a nullity on the ground that one of the parties was 
22.31 	under the age of legal consent if it appears that the parties had voluntarily cohabited 
22.32 	together as husband and wife after having attained such age; nor shall the marriage of any 
23.1 	insane person who lacks the mental capacity to make decisions be adjudged void after 
23.2 	restoration to reason, if it appears that the parties freely cohabited together as husband 
23.3 	and wife after such restoration.

23.4 	Sec. 12. Minnesota Statutes 2012, section 525.092, subdivision 2, is amended to read:
23.5 		Subd. 2.Certain guardianships excepted. The provisions of this section shall not 
23.6 	apply to guardianships of incompetent or insane persons adjudicated as lacking mental 
23.7 	capacity, nor to guardianships of minors until one year after the minor has become 18 
23.8 	years old.

23.9 	Sec. 13. Minnesota Statutes 2012, section 555.04, is amended to read:
23.10 	555.04 CONSTRUCTION, BY WHOM REQUESTED.
23.11 	Any person interested as or through an executor, administrator, trustee, guardian, 
23.12 	or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the 
23.13 	administration of a trust, or of the estate of a decedent, an infant, lunatic person who 
23.14 	lacks mental capacity, or insolvent, may have a declaration of rights or legal relations 
23.15 	in respect thereto:
23.16 	(1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin or other; or
23.17 	(2) to direct the executors, administrators, or trustees to do or abstain from doing any 
23.18 	particular act in their fiduciary capacity; or
23.19 	(3) to determine any question arising in the administration of the estate or trust, 
23.20 	including questions of construction of wills and other writings.

23.21 	Sec. 14. Minnesota Statutes 2012, section 558.31, is amended to read:
23.22 	558.31 SHARE OF INCAPABLE PERSON.
23.23 	When the share of an insane person a person who lacks the mental capacity to make 
23.24 	decisions, or other person adjudged incapable of conducting to lack the mental capacity to 
23.25 	conduct the person's own affairs, is sold, that person's share of the proceeds may be paid by 
23.26 	the referees making the sale to the guardian who is entitled to the custody and management 
23.27 	of that person's estate, if the guardian has executed an undertaking, approved by a judge of 
23.28 	the court, to faithfully discharge the trust reposed in the guardian, and will render a true 
23.29 	and just account to the person entitled thereto, or that person's representatives.

23.30 	Sec. 15. Minnesota Statutes 2012, section 580.20, is amended to read:
23.31 	580.20 ACTION TO SET ASIDE FOR CERTAIN DEFECTS.
24.1 	No such sale shall be held invalid or be set aside by reason of any defect in the 
24.2 	notice thereof, or in the publication or service of such notice, or in the proceedings of 
24.3 	the officer making the sale, unless the action in which the validity of such sale is called 
24.4 	in question be commenced, or the defense alleging its invalidity be interposed, with 
24.5 	reasonable diligence, and not later than five years after the date of such sale; provided 
24.6 	that persons under disability to sue when such sale was made by reason of being minors, 
24.7 	insane persons who lack the mental capacity to make decisions, persons developmentally 
24.8 	disabled with a developmental disability, or persons in captivity or in any country with 
24.9 	which the United States is at war, may commence such action or interpose such defense at 
24.10 	any time within five years after the removal of such disability.

24.11 	Sec. 16. Minnesota Statutes 2012, section 609.06, subdivision 1, is amended to read:
24.12 		Subdivision 1.When authorized. Except as otherwise provided in subdivision 2, 
24.13 	reasonable force may be used upon or toward the person of another without the other's 
24.14 	consent when the following circumstances exist or the actor reasonably believes them to 
24.15 	exist:
24.16 	(1) when used by a public officer or one assisting a public officer under the public 
24.17 	officer's direction:
24.18 	(a) in effecting a lawful arrest; or
24.19 	(b) in the execution of legal process; or
24.20 	(c) in enforcing an order of the court; or
24.21 	(d) in executing any other duty imposed upon the public officer by law; or
24.22 	(2) when used by a person not a public officer in arresting another in the cases and in 
24.23 	the manner provided by law and delivering the other to an officer competent to receive 
24.24 	the other into custody; or
24.25 	(3) when used by any person in resisting or aiding another to resist an offense 
24.26 	against the person; or
24.27 	(4) when used by any person in lawful possession of real or personal property, or 
24.28 	by another assisting the person in lawful possession, in resisting a trespass upon or other 
24.29 	unlawful interference with such property; or
24.30 	(5) when used by any person to prevent the escape, or to retake following the escape, 
24.31 	of a person lawfully held on a charge or conviction of a crime; or
24.32 	(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or 
24.33 	pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or
24.34 	(7) when used by a school employee or school bus driver, in the exercise of lawful 
24.35 	authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or
25.1 	(8) when used by a common carrier in expelling a passenger who refuses to obey a 
25.2 	lawful requirement for the conduct of passengers and reasonable care is exercised with 
25.3 	regard to the passenger's personal safety; or
25.4 	(9) when used to restrain a person who is mentally ill with a mental illness or 
25.5 	mentally defective a person with a developmental disability from self-injury or injury to 
25.6 	another or when used by one with authority to do so to compel compliance with reasonable 
25.7 	requirements for the person's control, conduct, or treatment; or
25.8 	(10) when used by a public or private institution providing custody or treatment 
25.9 	against one lawfully committed to it to compel compliance with reasonable requirements 
25.10 	for the control, conduct, or treatment of the committed person.

25.11 	Sec. 17. Minnesota Statutes 2012, section 609.36, subdivision 2, is amended to read:
25.12 		Subd. 2.Limitations. No prosecution shall be commenced under this section except 
25.13 	on complaint of the husband or the wife, except when such husband or wife is insane lacks 
25.14 	the mental capacity, nor after one year from the commission of the offense.

25.15 	Sec. 18. Minnesota Statutes 2012, section 611.026, is amended to read:
25.16 	611.026 CRIMINAL RESPONSIBILITY OF MENTALLY ILL OR 
25.17 	DEFICIENT PERSONS WITH A MENTAL ILLNESS OR COGNITIVE 
25.18 	IMPAIRMENT.
25.19 	No person shall be tried, sentenced, or punished for any crime while mentally ill or 
25.20 	mentally deficient having a mental illness or cognitive impairment so as to be incapable of 
25.21 	understanding the proceedings or making a defense shall be tried, sentenced, or punished 
25.22 	for any crime; but the person shall not be excused from criminal liability except upon 
25.23 	proof that at the time of committing the alleged criminal act the person was laboring 
25.24 	under such a defect of reason, from one of these causes, as not to know the nature of the 
25.25 	act, or that it was wrong.

25.26 	Sec. 19. Minnesota Statutes 2012, section 628.54, is amended to read:
25.27 	628.54 CAUSES OF OBJECTION TO JUROR; HOW TRIED; DECISION 
25.28 	ENTERED.
25.29 	An objection to an individual grand juror may be based on the cause that the grand 
25.30 	juror:
25.31 	(1) is less than 18 years of age;
25.32 	(2) is not a citizen of the United States;
25.33 	(3) has not resided in this state 30 days;
26.1 	(4) is insane lacks mental capacity;
26.2 	(5) is a prosecutor upon a charge against the defendant;
26.3 	(6) is a witness on the part of the prosecution, and has been served with process or 
26.4 	bound by recognizance as such; or
26.5 	(7) is of a state of mind in reference to the case or to either party which shall satisfy 
26.6 	the court, in the exercise of a sound discretion, that the juror cannot act impartially and 
26.7 	without prejudice to the substantial rights of the party objecting.

26.8 	Sec. 20. FUNDING.
 26.9 	Everything in this article shall be administered within the limits of available 
26.10 	appropriations and any change in language does not expand or contract eligibility.

26.11 	Sec. 21. REVISOR'S INSTRUCTION.
 26.12 	To implement the amendments in sections 1 to 19, in each part of Minnesota Rules 
26.13 	referred to in column A, the revisor of statutes shall delete the number, word, or phrase in 
26.14 	column B and insert the number, word, or phrase in column C. The revisor shall also make 
26.15 	related grammatical changes and changes in headnotes.

26.16	Column A
	Column B
	Column C
	
26.17	1323.0891
	handicapped
	who have a disability
	
26.18	2911.6100
	retardation
	developmental disability
	
26.19
26.20	2945.0100, subpart 2
	be mentally deficient
	have a mental illness or a 
developmental disability
	
26.21	2945.1000, subpart 3
	retardation
	developmental disability
	
26.22
26.23
26.24
26.25
26.26
26.27
26.28
26.29	4640.0100, subpart 8
	A "mental hospital" is a 
hospital for the diagnosis, 
treatment, and custodial care 
of persons with nervous and 
mental illness. Institutions 
for the feeble-minded and 
for epileptics are not mental 
hospitals.
	A "hospital for persons with 
mental illnesses" is a hospital 
for the diagnosis, treatment, 
and custodial care of persons 
with a mental illness.
	
26.30
26.31	4640.0100, subpart 9
	mental hospital
	hospital for persons with a 
mental illness
	
26.32
26.33	4640.0100, subpart 10
	a mental hospital
	hospital for persons with a 
mental illness
	
26.34
26.35	4640.4300
	the mentally deficient and 
epileptic
	persons with developmental 
disabilities and epilepsy
	
26.36
26.37	5208.1500, item H
	mental retardation facilities
	facilities for persons with 
developmental disabilities
	
26.38
26.39	7410.2700, subpart 2
	incompetent, or deficient
	or that a person has a 
cognitive impairment
	
26.40	7410.2700, subpart 2
	incompetency, or deficiency
	or cognitive impairment
	
27.1
27.2
27.3
27.4	9505.0420, subpart 4
	mental retardation 
professional as defined by 
Code of Federal Regulations, 
title 42, section 442.401
	developmental disability 
professional
	
27.5	9505.0420, subpart 4
	435.1009
	435.1010
	
27.6	9520.0040
	mental retardation
	developmental disability
	
27.7	9525.0004, subpart 22
	mental retardation
	developmental disability
	
27.8	9525.0004, subpart 24
	mental retardation
	developmental disability
	
27.9	9525.1850, item D
	mental retardation
	developmental disability
	
27.10	9525.1850, item D
	442.401
	483.430
	
27.11	9525.1850, item E
	mental retardation
	developmental disability
	
27.12	9525.1850, item E
	442.401
	483.430
	
27.13	9525.2710, subpart 14a
	mental retardation
	developmental disability
	
27.14	9525.2710, subpart 27
	mental retardation
	developmental disability
	
27.15	9525.2710, subpart 27
	QMRP
	QDDP
	
27.16	9525.2750, subpart 2
	mental retardation
	developmental disability
	
27.17	9525.2760, subpart 4
	mental retardation
	developmental disability
	
27.18	9525.2770, subpart 6
	QMRP
	QDDP
	
27.19	9525.3010, subpart 1
	mental retardation
	a developmental disability
	
27.20	9525.3010, subpart 2
	mental retardation
	a developmental disability
	
27.21	9525.3015, subpart 8
	mental retardation
	a developmental disability
	
27.22	9525.3015, subpart 34
	mental retardation
	a developmental disability
	
27.23	9525.3020, subpart 2
	mental retardation
	a developmental disability
	
27.24	9525.3025, subpart 1
	mental retardation
	a developmental disability
	
27.25	9525.3025, subpart 3
	mental retardation
	a developmental disability
	
27.26	9525.3055, subpart 2
	mental retardation
	developmental disability
	
27.27	9525.3060, subpart 2
	mental retardation
	developmental disabilities
	
27.28	9525.3095
	mental retardation
	developmental disabilities

27.29 	Sec. 22. CONSTRUCTION OF LANGUAGE.
 27.30 	The amendments in this article are intended by the legislature to be technical 
27.31 	terminology changes. Nothing in this article may be construed by a court as making a 
27.32 	substantive change in law.