1.1 	A bill for an act
1.2 	relating to state government; modifying certain health and licensing provisions; 
1.3 	restructuring and renaming the Higher Education Facilities Authority to include 
1.4 	Health and increasing the bonding capacity;amending Minnesota Statutes 2024, 
1.5 	sections 3.732, subdivision 1; 10A.01, subdivision 35; 136A.25; 136A.26; 136A.27; 
1.6 	136A.28; 136A.29, subdivisions 1, 3, 6, 9, 10, 14, 19, 20, 21, 22, by adding a 
1.7 	subdivision; 136A.32, subdivisions 1, 4, by adding a subdivision; 136A.33; 
1.8 	136A.34, subdivisions 3, 4; 136A.36; 136A.38; 136A.41; 136A.42; 136F.67, 
1.9 	subdivision 1; 144.98, subdivisions 8, 9; 144E.123, subdivision 3; 145.4718; 
1.10 	145.901, subdivision 1; 145.902, subdivisions 1, 3; 147A.02; 148.56, subdivision 
1.11 	1; 354B.20, subdivision 7; proposing coding for new law in Minnesota Statutes, 
1.12 	chapter 144; repealing Minnesota Statutes 2024, section 136A.29, subdivision 4.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	ARTICLE 1
1.15 	HEALTH POLICY

1.16 	Section 1. [144.6584] INFORMED CONSENT REQUIRED FOR SENSITIVE 
1.17 	EXAMINATIONS.
1.18 		Subdivision 1.Definition. For purposes of this section, "sensitive examination" means 
1.19 	a pelvic, breast, urogenital, or rectal examination.
1.20 		Subd. 2.Informed consent required; exceptions. A health professional, or a student 
1.21 	or resident participating in a course of instruction, clinical training, or a residency program 
1.22 	for a health profession, must not perform a sensitive examination on an anesthetized or 
1.23 	unconscious patient unless:
1.24 	(1) the patient or the patient's legally authorized representative provided prior written, 
1.25 	informed consent to the sensitive examination for preventive, diagnostic, or treatment 
1.26 	purposes;
2.1 	(2) the patient or the patient's legally authorized representative provided prior written, 
2.2 	informed consent to the sensitive examination being performed solely for educational or 
2.3 	training purposes;
2.4 	(3) the patient or the patient's legally authorized representative provided prior written, 
2.5 	informed consent to a surgical procedure or diagnostic examination and the sensitive 
2.6 	examination is related to that surgical procedure or diagnostic examination and is medically 
2.7 	necessary;
2.8 	(4) the patient is unconscious and incapable of providing informed consent and the 
2.9 	sensitive examination is medically necessary for diagnostic or treatment purposes; or
2.10 	(5) the sensitive examination is performed by a health professional qualified to perform 
2.11 	the examination and is performed for purposes of collecting evidence or documenting 
2.12 	injuries.
2.13 		Subd. 3.Ground for disciplinary action. A violation of this section is a ground for 
2.14 	disciplinary action by the health-related licensing board regulating the individual who 
2.15 	violated this section.

2.16 	Sec. 2. Minnesota Statutes 2024, section 144.98, subdivision 8, is amended to read:
2.17 		Subd. 8.Exemption from national standards for quality control and personnel 
2.18 	requirements. Effective January 1, 2012, A laboratory that analyzes samples for compliance 
2.19 	with a permit issued under section 115.03, subdivision 5, may request exemption from the 
2.20 	personnel requirements and specific quality control provisions for microbiology and 
2.21 	chemistry stated in the national standards as incorporated by reference in subdivision 2a. 
2.22 	The commissioner shall grant the exemption if the laboratory:
2.23 	(1) complies with the methodology and quality control requirements, where available, 
2.24 	in the most recent, approved edition of the Standard Methods for the Examination of Water 
2.25 	and Wastewater as published by the Water Environment Federation; and
2.26 	(2) supplies the name of the person meeting the requirements in section 115.73, or the 
2.27 	personnel requirements in the national standard pursuant to subdivision 2a.
2.28 	A laboratory applying for this exemption shall not apply for simultaneous accreditation 
2.29 	under the national standard.

3.1 	Sec. 3. Minnesota Statutes 2024, section 144.98, subdivision 9, is amended to read:
3.2 		Subd. 9.Exemption from national standards for proficiency testing frequency. (a) 
3.3 	Effective January 1, 2012, A laboratory applying for or requesting accreditation under the 
3.4 	exemption in subdivision 8 must obtain an acceptable proficiency test result for each of the 
3.5 	laboratory's accredited or requested fields of testing. The laboratory must analyze proficiency 
3.6 	samples selected from one of two annual proficiency testing studies scheduled by the 
3.7 	commissioner.
3.8 	(b) If a laboratory fails to successfully complete the first scheduled proficiency study, 
3.9 	the laboratory shall:
3.10 	(1) obtain and analyze a supplemental test sample within 15 days of receiving the test 
3.11 	report for the initial failed attempt; and
3.12 	(2) participate in the second annual study as scheduled by the commissioner.
3.13 	(c) If a laboratory does not submit results or fails two consecutive proficiency samples, 
3.14 	the commissioner will revoke the laboratory's accreditation for the affected fields of testing.
3.15 	(d) The commissioner may require a laboratory to analyze additional proficiency testing 
3.16 	samples beyond what is required in this subdivision if information available to the 
3.17 	commissioner indicates that the laboratory's analysis for the field of testing does not meet 
3.18 	the requirements for accreditation.
3.19 	(e) The commissioner may collect from laboratories accredited under the exemption in 
3.20 	subdivision 8 any additional costs required to administer this subdivision and subdivision 
3.21 	8.

3.22 	Sec. 4. Minnesota Statutes 2024, section 144E.123, subdivision 3, is amended to read:
3.23 		Subd. 3.Review. Prehospital care data may be reviewed by the director or its designees. 
3.24 	The data shall be classified as private data on individuals under chapter 13, the Minnesota 
3.25 	Government Data Practices Act. The director may share with the Washington/Baltimore 
3.26 	High Intensity Drug Trafficking Area's Overdose Detection Mapping Application Program 
3.27 	(ODMAP) data that identifies where and when an overdose incident happens, fatality status, 
3.28 	suspected drug type, naloxone administration, and first responder type. ODMAP may:
3.29 	(1) allow secure access to the system by authorized users to report information about an 
3.30 	overdose incident;
3.31 	(2) allow secure access to the system by authorized users to view, in near real-time, 
3.32 	information about overdose incidents reported;
4.1 	(3) produce a map in near real-time of the approximate locations of confirmed or 
4.2 	suspected overdose incidents reported; and
4.3 	(4) enable access to overdose incident information that assists in state and local decisions 
4.4 	regarding the allocation of public health, public safety, and educational resources for the 
4.5 	purposes of monitoring and reporting data related to suspected overdoses.

4.6 	Sec. 5. Minnesota Statutes 2024, section 145.4718, is amended to read:
4.7 	145.4718 PROGRAM EVALUATION.
4.8 	(a) The director of child sex trafficking prevention established under section 145.4716
4.9 	must conduct, or contract for, comprehensive evaluation of the statewide program for safe 
4.10 	harbor for sexually exploited youth. The first evaluation must be completed by June 30, 
4.11 	2015, and must be submitted director must submit an updated evaluation to the commissioner 
4.12 	of health and to the chairs and ranking minority members of the senate and house of 
4.13 	representatives committees with jurisdiction over health and public safety by September 1, 
4.14 	2015, and every two years thereafter of each odd-numbered year. The evaluation must 
4.15 	consider whether the program is reaching intended victims and whether support services 
4.16 	are available, accessible, and adequate for sexually exploited youth, as defined in section 
4.17 	260C.007, subdivision 31.
4.18 	(b) In conducting the evaluation, the director of child sex trafficking prevention must 
4.19 	consider evaluation of outcomes, including whether the program increases identification of 
4.20 	sexually exploited youth, coordination of investigations, access to services and housing 
4.21 	available for sexually exploited youth, and improved effectiveness of services. The evaluation 
4.22 	must also include examination of the ways in which penalties under section 609.3241 are 
4.23 	assessed, collected, and distributed to ensure funding for investigation, prosecution, and 
4.24 	victim services to combat sexual exploitation of youth.

4.25 	Sec. 6. Minnesota Statutes 2024, section 145.901, subdivision 1, is amended to read:
4.26 		Subdivision 1.Purpose. Within the limits of available funding, the commissioner of 
4.27 	health may must conduct maternal death studies to assist the planning, implementation, and 
4.28 	evaluation of medical, health, and welfare service systems and to reduce the numbers of 
4.29 	preventable maternal deaths in Minnesota.

4.30 	Sec. 7. Minnesota Statutes 2024, section 145.902, subdivision 1, is amended to read:
4.31 		Subdivision 1.General. (a) For purposes of this section, a "safe place" means:
5.1 	(1) a hospital licensed under sections 144.50 to 144.56,;
5.2 	(2) a fire station that is staffed continuously, 24 hours per day, by firefighters or 
5.3 	emergency medical services personnel, except when all staff are called out in an emergency 
5.4 	and when the dual alarm system dispatches the nearest first responder to receive the infant 
5.5 	as in any similar emergency;
5.6 	(3) a health care provider who provides urgent care medical services, or;
5.7 	(4) a newborn safety device installed by a fire station that meets the requirements in 
5.8 	clause (2) and is participating in the program or by a licensed hospital that is staffed 
5.9 	continuously, 24 hours per day; or
5.10 	(5) an ambulance service licensed under chapter 144E dispatched in response to a 911 
5.11 	call from a mother or a person with the mother's permission to relinquish a newborn infant.
5.12 	(b) A safe place shall receive a newborn left with an employee on the premises of the 
5.13 	safe place during its hours of operation or in a newborn safety device, provided that:
5.14 	(1) the newborn infant was born within seven days of being left at the safe place, as 
5.15 	determined within a reasonable degree of medical certainty; and
5.16 	(2) the newborn infant is left in an unharmed condition.; and
5.17 	(3) the newborn safety device:
5.18 	(i) is designed to permit a parent to anonymously place a newborn infant in the device 
5.19 	with the intent to leave the newborn infant;
5.20 	(ii) allows fire station personnel or hospital personnel to remove the newborn infant 
5.21 	from the device and take custody of the newborn infant;
5.22 	(iii) is installed with an adequate dual alarm system connected to the physical location 
5.23 	where the device is physically installed, and the dual alarm system is tested at least one time 
5.24 	per month and visually checked at least two times per day to ensure the alarm system is in 
5.25 	working order; and
5.26 	(iv) is physically located inside a participating fire station that is staffed continuously, 
5.27 	24 hours per day, by firefighters or emergency medical services personnel or inside a licensed 
5.28 	hospital that is staffed continuously, 24 hours per day. The safety device must be located 
5.29 	in an area that is conspicuous and visible to fire station personnel or hospital personnel.
5.30 	(c) The safe place must not inquire as to the identity of the mother or the person leaving 
5.31 	the newborn or call the police, provided the newborn is unharmed when presented to the 
5.32 	hospital. The safe place may ask the mother or the person leaving the newborn about the 
6.1 	medical history of the mother or newborn but the mother or the person leaving the newborn 
6.2 	is not required to provide any information. The safe place may provide the mother or the 
6.3 	person leaving the newborn with information about how to contact relevant social service 
6.4 	agencies. This information must be available for the relinquishing parent in the newborn 
6.5 	safety device.
6.6 	(d) A safe place that is a health care provider who provides urgent care medical services 
6.7 	shall dial 911, advise the dispatcher that the call is being made from a safe place for 
6.8 	newborns, and ask the dispatcher to send an ambulance or take other appropriate action to 
6.9 	transport the newborn to a hospital. An ambulance with whom a newborn is left or personnel 
6.10 	at a fire station at which a newborn is left shall transport the newborn to a hospital for care. 
6.11 	Hospitals must receive a newborn left with a safe place and make the report as required in 
6.12 	subdivision 2.

6.13 	Sec. 8. Minnesota Statutes 2024, section 145.902, subdivision 3, is amended to read:
6.14 		Subd. 3.Immunity. (a) A safe place with responsibility for performing duties under 
6.15 	this section, and any employee, doctor, ambulance personnel, or other medical professional 
6.16 	working at the safe place, are immune from any criminal liability that otherwise might result 
6.17 	from their actions, if they are acting in good faith in receiving a newborn, and are immune 
6.18 	from any civil liability that otherwise might result from merely receiving a newborn.
6.19 	(b) A safe place performing duties under this section, or an employee, doctor, ambulance 
6.20 	personnel, or other medical professional working at the safe place who is a mandated reporter 
6.21 	under chapter 260E, is immune from any criminal or civil liability that otherwise might 
6.22 	result from the failure to make a report under that section if the person is acting in good 
6.23 	faith in complying with this section.
6.24 	(c) No person shall be prosecuted for any crime based solely on the act of leaving a 
6.25 	newborn infant in compliance with this section.

6.26 	Sec. 9. Minnesota Statutes 2024, section 147A.02, is amended to read:
6.27 	147A.02 QUALIFICATIONS FOR LICENSURE.
6.28 	(a) The board may grant a license as a physician assistant to an applicant who:
6.29 	(1) submits an application on forms approved by the board;
6.30 	(2) pays the appropriate fee as determined by the board;
7.1 	(3) has current certification from the National Commission on Certification of Physician 
7.2 	Assistants, or its successor agency as approved by the board;
7.3 	(4) certifies that the applicant is mentally and physically able to engage safely in practice 
7.4 	as a physician assistant;
7.5 	(5) has no licensure, certification, or registration as a physician assistant under current 
7.6 	discipline, revocation, suspension, or probation for cause resulting from the applicant's 
7.7 	practice as a physician assistant, unless the board considers the condition and agrees to 
7.8 	licensure;
7.9 	(6) submits any other information the board deems necessary to evaluate the applicant's 
7.10 	qualifications; and
7.11 	(7) has been approved by the board.
7.12 	(b) All persons registered as physician assistants as of June 30, 1995, are eligible for 
7.13 	continuing license renewal. All persons applying for licensure after that date shall be licensed 
7.14 	according to this chapter.
7.15 	(c) A physician assistant who qualifies for licensure must practice for at least 2,080 
7.16 	hours, within the context of a collaborative agreement, within a hospital or integrated clinical 
7.17 	setting where physician assistants and physicians work together to provide patient care. The 
7.18 	physician assistant shall submit written evidence to the board with the application, or upon 
7.19 	completion of the required collaborative practice experience. For purposes of this paragraph, 
7.20 	a collaborative agreement is a mutually agreed upon plan for the overall working relationship 
7.21 	and collaborative arrangement between a physician assistant, and one or more physicians 
7.22 	licensed under chapter 147, or licensed in another state or United States territory that 
7.23 	designates the scope of services that can be provided collaboration necessary to manage the 
7.24 	care of patients. The physician assistant and one of the collaborative physicians must have 
7.25 	experience in providing care to patients with the same or similar medical conditions. The 
7.26 	collaborating physician is not required to be physically present so long as the collaborating 
7.27 	physician and physician assistant are or can be easily in contact with each other by radio, 
7.28 	telephone, or other telecommunication device.

7.29 	Sec. 10. Minnesota Statutes 2024, section 148.56, subdivision 1, is amended to read:
7.30 		Subdivision 1.Optometry defined. (a) Any person shall be deemed to be practicing 
7.31 	optometry within the meaning of sections 148.52 to 148.62 who shall in any way:
7.32 	(1) advertise as an optometrist;
8.1 	(2) employ any means, including the use of autorefractors or other automated testing 
8.2 	devices, for the measurement of the powers of vision or the adaptation of lenses or prisms 
8.3 	for the aid thereof;
8.4 	(3) possess testing appliances for the purpose of the measurement of the powers of vision;
8.5 	(4) diagnose any disease, optical deficiency or deformity, or visual or muscular anomaly 
8.6 	of the visual system consisting of the human eye and its accessory or subordinate anatomical 
8.7 	parts;
8.8 	(5) prescribe lenses, including plano or cosmetic contact lenses, or prisms for the 
8.9 	correction or the relief of same;
8.10 	(6) employ or prescribe ocular exercises, orthoptics, or habilitative and rehabilitative 
8.11 	therapeutic vision care; or
8.12 	(7) prescribe or administer legend drugs to aid in the diagnosis, cure, mitigation, 
8.13 	prevention, treatment, or management of disease, deficiency, deformity, or abnormality of 
8.14 	the human eye and adnexa included in the curricula of accredited schools or colleges of 
8.15 	optometry, and as limited by Minnesota statute and adopted rules by the Board of Optometry, 
8.16 	or who holds oneself out as being able to do so.
8.17 	(b) In the course of treatment, nothing in this section shall allow:
8.18 	(1) legend drugs to be administered intravenously, intramuscularly, or by injection, 
8.19 	except for treatment of anaphylaxis or by sub-Tenon, retrobulbar, or intravitreal injection;
8.20 	(2) invasive surgery including, but not limited to, surgery using lasers;
8.21 	(3) Schedule II and III oral legend drugs and oral steroids to be administered or 
8.22 	prescribed; or
8.23 	(4) oral antivirals to be prescribed or administered for more than ten days; or steroids 
8.24 	to be administered or prescribed for more than 14 days without consultation with a physician.
8.25 	(5) oral carbonic anhydrase inhibitors to be prescribed or administered for more than 
8.26 	seven days.

8.27 	ARTICLE 2
8.28 	MINNESOTA HEALTH AND EDUCATION FACILITIES AUTHORITY

8.29 	Section 1. Minnesota Statutes 2024, section 3.732, subdivision 1, is amended to read:
8.30 		Subdivision 1.Definitions. As used in this section and section 3.736 the terms defined 
8.31 	in this section have the meanings given them.
9.1 	(1) "State" includes each of the departments, boards, agencies, commissions, courts, and 
9.2 	officers in the executive, legislative, and judicial branches of the state of Minnesota and 
9.3 	includes but is not limited to the Housing Finance Agency, the Minnesota Office of Higher 
9.4 	Education, the Higher Health and Education Facilities Authority, the Health Technology 
9.5 	Advisory Committee, the Armory Building Commission, the Zoological Board, the 
9.6 	Department of Iron Range Resources and Rehabilitation, the Minnesota Historical Society, 
9.7 	the State Agricultural Society, the University of Minnesota, the Minnesota State Colleges 
9.8 	and Universities, state hospitals, and state penal institutions. It does not include a city, town, 
9.9 	county, school district, or other local governmental body corporate and politic.
9.10 	(2) "Employee of the state" means all present or former officers, members, directors, or 
9.11 	employees of the state, members of the Minnesota National Guard, members of a bomb 
9.12 	disposal unit approved by the commissioner of public safety and employed by a municipality 
9.13 	defined in section 466.01 when engaged in the disposal or neutralization of bombs or other 
9.14 	similar hazardous explosives, as defined in section 299C.063, outside the jurisdiction of the 
9.15 	municipality but within the state, or persons acting on behalf of the state in an official 
9.16 	capacity, temporarily or permanently, with or without compensation. It does not include 
9.17 	either an independent contractor except, for purposes of this section and section 3.736 only, 
9.18 	a guardian ad litem acting under court appointment, or members of the Minnesota National 
9.19 	Guard while engaged in training or duty under United States Code, title 10, or title 32, 
9.20 	section 316, 502, 503, 504, or 505, as amended through December 31, 1983. Notwithstanding 
9.21 	sections 43A.02 and 611.263, for purposes of this section and section 3.736 only, "employee 
9.22 	of the state" includes a district public defender or assistant district public defender in the 
9.23 	Second or Fourth Judicial District, a member of the Health Technology Advisory Committee, 
9.24 	and any officer, agent, or employee of the state of Wisconsin performing work for the state 
9.25 	of Minnesota pursuant to a joint state initiative.
9.26 	(3) "Scope of office or employment" means that the employee was acting on behalf of 
9.27 	the state in the performance of duties or tasks lawfully assigned by competent authority.
9.28 	(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.

9.29 	Sec. 2. Minnesota Statutes 2024, section 10A.01, subdivision 35, is amended to read:
9.30 		Subd. 35.Public official. "Public official" means any:
9.31 	(1) member of the legislature;
9.32 	(2) individual employed by the legislature as secretary of the senate, legislative auditor, 
9.33 	director of the Legislative Budget Office, chief clerk of the house of representatives, revisor 
10.1 	of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of 
10.2 	Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis 
10.3 	Department;
10.4 	(3) constitutional officer in the executive branch and the officer's chief administrative 
10.5 	deputy;
10.6 	(4) solicitor general or deputy, assistant, or special assistant attorney general;
10.7 	(5) commissioner, deputy commissioner, or assistant commissioner of any state 
10.8 	department or agency as listed in section 15.01 or 15.06, or the state chief information 
10.9 	officer;
10.10 	(6) member, chief administrative officer, or deputy chief administrative officer of a state 
10.11 	board or commission that has either the power to adopt, amend, or repeal rules under chapter 
10.12 	14, or the power to adjudicate contested cases or appeals under chapter 14;
10.13 	(7) individual employed in the executive branch who is authorized to adopt, amend, or 
10.14 	repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
10.15 	(8) executive director of the State Board of Investment;
10.16 	(9) deputy of any official listed in clauses (7) and (8);
10.17 	(10) judge of the Workers' Compensation Court of Appeals;
10.18 	(11) administrative law judge or compensation judge in the State Office of Administrative 
10.19 	Hearings or unemployment law judge in the Department of Employment and Economic 
10.20 	Development;
10.21 	(12) member, regional administrator, division director, general counsel, or operations 
10.22 	manager of the Metropolitan Council;
10.23 	(13) member or chief administrator of a metropolitan agency;
10.24 	(14) director of the Division of Alcohol and Gambling Enforcement in the Department 
10.25 	of Public Safety;
10.26 	(15) member or executive director of the Higher Health and Education Facilities 
10.27 	Authority;
10.28 	(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
10.29 	(17) member of the board of directors or executive director of the Minnesota State High 
10.30 	School League;
10.31 	(18) member of the Minnesota Ballpark Authority established in section 473.755;
11.1 	(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
11.2 	(20) manager of a watershed district, or member of a watershed management organization 
11.3 	as defined under section 103B.205, subdivision 13;
11.4 	(21) supervisor of a soil and water conservation district;
11.5 	(22) director of Explore Minnesota Tourism;
11.6 	(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section 
11.7 	97A.056;
11.8 	(24) citizen member of the Clean Water Council established in section 114D.30;
11.9 	(25) member or chief executive of the Minnesota Sports Facilities Authority established 
11.10 	in section 473J.07;
11.11 	(26) district court judge, appeals court judge, or supreme court justice;
11.12 	(27) county commissioner;
11.13 	(28) member of the Greater Minnesota Regional Parks and Trails Commission;
11.14 	(29) member of the Destination Medical Center Corporation established in section 
11.15 	469.41; or
11.16 	(30) chancellor or member of the Board of Trustees of the Minnesota State Colleges 
11.17 	and Universities.

11.18 	Sec. 3. Minnesota Statutes 2024, section 136A.25, is amended to read:
11.19 	136A.25 CREATION.
11.20 	A state agency known as the Minnesota HigherHealth and Education Facilities Authority 
11.21 	is hereby created.

11.22 	Sec. 4. Minnesota Statutes 2024, section 136A.26, is amended to read:
11.23 	136A.26 MEMBERSHIPS; OFFICERS; COMPENSATION; REMOVAL.
11.24 		Subdivision 1.Membership. The Minnesota Higher Health and Education Facilities 
11.25 	Authority shall consist of eight nine members appointed by the governor with the advice 
11.26 	and consent of the senate, and a representative of the Office of Higher Education.
11.27 	All members to be appointed by the governor shall be residents of the state. At least two 
11.28 	members must reside outside the metropolitan area as defined in section 473.121, subdivision 
11.29 	2. At least one of the members shall be a person having a favorable reputation for skill, 
12.1 	knowledge, and experience in the field of state and municipal finance; and at least one of 
12.2 	the members shall be a person having a favorable reputation for skill, knowledge, and 
12.3 	experience in the building construction field; and at least one of the members shall be a 
12.4 	trustee, director, officer, or employee of an institution of higher education; and at least one 
12.5 	of the members shall be a trustee, director, officer, or employee of a health care organization.
12.6 		Subd. 1a.Private College Council member. The president of the Minnesota Private 
12.7 	College Council, or the president's designee, shall serve without compensation as an advisory, 
12.8 	nonvoting member of the authority.
12.9 		Subd. 1b.Nonprofit health care association member. The chief executive officer of 
12.10 	a Minnesota nonprofit health care association whose members are primarily nonprofit health 
12.11 	care organizations, or the chief executive officer's designee, shall serve without compensation 
12.12 	as an advisory, nonvoting member of the authority. The identity of the Minnesota nonprofit 
12.13 	health care association shall be determined and may be changed from time to time by the 
12.14 	members of the authority in accordance with and as provided in the bylaws of the authority.
12.15 		Subd. 2.Term; compensation; removal. The membership terms, compensation, removal 
12.16 	of members, and filling of vacancies for authority members other than the representative 
12.17 	of the office, and the president of the Private College Council, and the nonprofit health care 
12.18 	association member shall be as provided in section 15.0575.

12.19 	Sec. 5. Minnesota Statutes 2024, section 136A.27, is amended to read:
12.20 	136A.27 POLICY.
12.21 	It is hereby declared that for the benefit of the people of the state, the increase of their 
12.22 	commerce, welfare and prosperity and the improvement of their health and living conditions 
12.23 	it is essential that health care organizations within the state be provided with appropriate 
12.24 	additional means to establish, acquire, construct, improve, and expand health care facilities 
12.25 	in furtherance of their purposes; that this and future generations of youth be given the fullest 
12.26 	opportunity to learn and to develop their intellectual and mental capacities; that it is essential
12.27 	that institutions of higher education within the state be provided with appropriate additional 
12.28 	means to assist such youth in achieving the required levels of learning and development of 
12.29 	their intellectual and mental capacities; and that health care organizations and institutions 
12.30 	of higher education be enabled to refinance outstanding indebtedness incurred to provide 
12.31 	existing facilities used for such those purposes in order to preserve and enhance the utilization 
12.32 	of facilities for purposes of health care and higher education, to extend or adjust maturities 
12.33 	in relation to the resources available for their payment, and to save interest costs and thereby 
12.34 	reduce health care costs or higher education tuition, fees, and charges; and. It is hereby 
13.1 	further declared that it is the purpose of sections 136A.25 to 136A.42 to provide a measure 
13.2 	of assistance and an alternative method to enable health care organizations and institutions 
13.3 	of higher education in the state to provide the facilities and structures which are sorely 
13.4 	needed to accomplish the purposes of sections 136A.25 to 136A.42, all to the public benefit 
13.5 	and good, to the extent and manner provided herein.

13.6 	Sec. 6. Minnesota Statutes 2024, section 136A.28, is amended to read:
13.7 	136A.28 DEFINITIONS.
13.8 		Subdivision 1.Scope. In sections 136A.25 to 136A.42, the following words and terms 
13.9 	shall, unless the context otherwise requires, have the meanings ascribed to them.
13.10 		Subd. 1a.Affiliate. "Affiliate" means an entity that directly or indirectly controls, is 
13.11 	controlled by, or is under common control with another entity. For the purposes of this 
13.12 	subdivision, "control" means either the power to elect a majority of the members of the 
13.13 	governing body of an entity or the power, whether by contract or otherwise, to direct the 
13.14 	management and policies of the entity. Affiliate also means an entity whose business or 
13.15 	substantially all of whose property is operated under a lease, management agreement, or 
13.16 	operating agreement by another entity, or an entity who operates the business or substantially 
13.17 	all of the property of another entity under a lease, management agreement, or operating 
13.18 	agreement.
13.19 		Subd. 2.Authority. "Authority" means the HigherHealth and Education Facilities 
13.20 	Authority created by sections 136A.25 to 136A.42.
13.21 		Subd. 3.Project. "Project" means a structure or structures available for use as a dormitory 
13.22 	or other student housing facility, a dining hall, student union, administration building, 
13.23 	academic building, library, laboratory, research facility, classroom, athletic facility, health 
13.24 	care facility, child care facility, and maintenance, storage, or utility facility and other 
13.25 	structures or facilities related thereto or required or useful for the instruction of students or 
13.26 	the conducting of research or the operation of an institution of higher education, whether 
13.27 	proposed, under construction, or completed, including parking and other facilities or 
13.28 	structures essential or convenient for the orderly conduct of such institution for higher 
13.29 	education, and shall also include landscaping, site preparation, furniture, equipment and 
13.30 	machinery, and other similar items necessary or convenient for the operation of a particular 
13.31 	facility or structure in the manner for which its use is intended but shall not include such 
13.32 	items as books, fuel, supplies, or other items the costs of which are customarily deemed to 
13.33 	result in a current operating charge, and shalla health care facility or an education facility 
13.34 	whether proposed, under construction, or completed and includes land or interests in land, 
14.1 	appurtenances, site preparation, landscaping, buildings, structures, systems, fixtures, furniture, 
14.2 	machinery, equipment, and parking. Project also includes other structures, facilities, 
14.3 	improvements, machinery, equipment, and means of transport of a capital nature that are 
14.4 	necessary or convenient for the operation of the facility. Project does not include: (1) any 
14.5 	facility used or to be used for sectarian instruction or as a place of religious worship nor; 
14.6 	(2) any facility which is used or to be used primarily in connection with any part of the 
14.7 	program of a school or department of divinity for any religious denomination; nor (3) any 
14.8 	books, supplies, medicine, medical supplies, fuel, or other items, the cost of which are 
14.9 	customarily deemed to result in a current operating charge.
14.10 		Subd. 4.Cost. "Cost," as applied to a project or any portion thereof financed under the 
14.11 	provisions of sections 136A.25 to 136A.42, means all or any part of the cost of construction, 
14.12 	acquisition, alteration, enlargement, reconstruction and remodeling of a project including 
14.13 	all lands, structures, real or personal property, rights, rights-of-way, franchises, easements 
14.14 	and interests acquired or used for or in connection with a project, the cost of demolishing 
14.15 	or removing any buildings or structures on land so acquired, including the cost of acquiring 
14.16 	any lands to which such the buildings or structures may be moved, the cost of all machinery 
14.17 	and equipment, financing charges, interest prior to, during and for a period after completion 
14.18 	of such construction and acquisition, provisions for reserves for principal and interest and 
14.19 	for extensions, enlargements, additions and improvements, the cost of architectural, 
14.20 	engineering, financial and legal services, plans, specifications, studies, surveys, estimates 
14.21 	of cost and of revenues, administrative expenses, expenses necessary or incident to 
14.22 	determining the feasibility or practicability of constructing the project and such other 
14.23 	expenses as may be necessary or incident to the construction and acquisition of the project, 
14.24 	the financing of such construction and acquisition and the placing of the project in operation.
14.25 		Subd. 5.Bonds. "Bonds," or "revenue bonds" means revenue bonds of the authority 
14.26 	issued under the provisions of sections 136A.25 to 136A.42, including revenue refunding 
14.27 	bonds, notwithstanding that the same may be secured by mortgage or the full faith and credit 
14.28 	of a participating institution for higher education or any other lawfully pledged security of 
14.29 	a participating institution for higher education.
14.30 		Subd. 5a.Education facility. "Education facility" means a structure or structures available 
14.31 	for use as a dormitory or other student housing facility, dining hall, student union, 
14.32 	administration building, academic building, library, laboratory, research facility, classroom, 
14.33 	athletic facility, student health care facility, or child care facility and includes other facilities 
14.34 	or structures related to the essential or convenient orderly conduct of an institution of higher 
14.35 	education.
15.1 		Subd. 5b.Health care facility. (a) "Health care facility" means a structure or structures 
15.2 	available for use within this state as a hospital, clinic, psychiatric residential treatment 
15.3 	facility, birth center, outpatient surgical center, comprehensive outpatient rehabilitation 
15.4 	facility, outpatient physical therapy or speech pathology facility, end-stage renal dialysis 
15.5 	facility, medical laboratory, pharmacy, radiation therapy facility, diagnostic imaging facility, 
15.6 	medical office building, residence for nurses or interns, nursing home, boarding care home, 
15.7 	assisted living facility, residential hospice, intermediate care facility for persons with 
15.8 	developmental disabilities, supervised living facility, board and lodging establishment with 
15.9 	special services, adult day care center, day services facility, prescribed pediatric extended 
15.10 	care facility, community residential setting, adult foster home, or other facility related to 
15.11 	medical or health care research or the delivery or administration of health care services and 
15.12 	includes other structures or facilities related to the essential or convenient orderly conduct 
15.13 	of a health care organization.
15.14 	(b) Health care facility also means a facility in a state that is geographically contiguous 
15.15 	to Minnesota operated by a health care organization that corresponds by purpose, function, 
15.16 	or use with a facility listed in paragraph (a).
15.17 		Subd. 5c.Health care organization. (a) "Health care organization" means a nonprofit 
15.18 	organization located within the state and authorized by law to operate a nonprofit health 
15.19 	care facility in the state. Health care organization also means a nonprofit affiliate of a health 
15.20 	care organization as defined under this paragraph, provided the affiliate is located within 
15.21 	the state or within a state that is geographically contiguous to Minnesota.
15.22 	(b) Health care organization also means a nonprofit organization located within another 
15.23 	state that is geographically contiguous to Minnesota and authorized by law to operate a 
15.24 	nonprofit health care facility in that state, provided that the nonprofit organization located 
15.25 	within the contiguous state is an affiliate of a health care organization located within 
15.26 	Minnesota.
15.27 		Subd. 6.Institution of higher education. "Institution of higher education" means a 
15.28 	nonprofit educational institution within the state authorized to provide a program of education 
15.29 	beyond the high school level.
15.30 		Subd. 7.Participating institution of higher education. "Participating institution of 
15.31 	higher education" means a health care organization or an institution of higher education 
15.32 	that, under the provisions of sections 136A.25 to 136A.42, undertakes the financing and 
15.33 	construction or acquisition of a project or undertakes the refunding or refinancing of 
15.34 	obligations or of a mortgage or of advances as provided in sections 136A.25 to 136A.42. 
16.1 	Community colleges and technical colleges may be considered participating institutions of 
16.2 	higher education for the purpose of financing and constructing child care facilities and 
16.3 	parking facilities.

16.4 	Sec. 7. Minnesota Statutes 2024, section 136A.29, subdivision 1, is amended to read:
16.5 		Subdivision 1.Purpose. The purpose of the authority shall be to assist health care 
16.6 	organizations and institutions of higher education in the construction, financing, and 
16.7 	refinancing of projects. The exercise by the authority of the powers conferred by sections 
16.8 	136A.25 to 136A.42, shall be deemed and held to be the performance of an essential public 
16.9 	function. For the purpose of sections 136A.25 to 136A.42, the authority shall have the 
16.10 	powers and duties set forth in subdivisions 2 to 23.

16.11 	Sec. 8. Minnesota Statutes 2024, section 136A.29, subdivision 3, is amended to read:
16.12 		Subd. 3.Employees; office space. The authority is authorized and empowered to appoint 
16.13 	and employ employees as it may deem necessary to carry out its duties, determine the title 
16.14 	of the employees so employed, and fix the salary of said its employees. Employees of the 
16.15 	authority shall participate in retirement and other benefits in the same manner that employees 
16.16 	in the unclassified service of the office managerial plan under section 43A.18, subdivision 
16.17 	3, participate. The authority may maintain an office space as it may designate.

16.18 	Sec. 9. Minnesota Statutes 2024, section 136A.29, subdivision 6, is amended to read:
16.19 		Subd. 6.Projects; generally. (a) The authority is authorized and empowered to determine 
16.20 	the location and character of any project to be financed under the provisions of sections 
16.21 	136A.25 to 136A.42, and to construct, reconstruct, remodel, maintain, manage, enlarge, 
16.22 	alter, add to, repair, operate, lease, as lessee or lessor, and regulate the same,; to enter into 
16.23 	contracts for any or all of such these purposes,; to enter into contracts for the management 
16.24 	and operation of a project,; and to designate a participating institution of higher education
16.25 	as its agent to determine the location and character of a project undertaken by such a
16.26 	participating institution of higher education under the provisions of sections 136A.25 to 
16.27 	136A.42 and, as the agent of the authority, to construct, reconstruct, remodel, maintain, 
16.28 	manage, enlarge, alter, add to, repair, operate, lease, as lessee or lessor, and regulate the 
16.29 	same, and, as the agent of the authority, to enter into contracts for any or all of such these
16.30 	purposes, including contracts for the management and operation of such the project.
16.31 	(b) Notwithstanding paragraph (a), a project involving a health care facility within the 
16.32 	state financed under sections 136A.25 to 136A.42 must comply with all applicable 
17.1 	requirements in state law related to authorizing construction of or modifications to a health 
17.2 	care facility, including the requirements of sections 144.5509, 144.551, 144A.071, and 
17.3 	252.291.
17.4 	(c) Contracts of the authority or of a participating institution of higher education to 
17.5 	acquire or to construct, reconstruct, remodel, maintain, enlarge, alter, add to, or repair 
17.6 	projects shall not be subject to the provisions of chapter 16C or section 574.26, or any other 
17.7 	public contract or competitive bid law.

17.8 	Sec. 10. Minnesota Statutes 2024, section 136A.29, subdivision 9, is amended to read:
17.9 		Subd. 9.Revenue bonds; limit. (a) The authority is authorized and empowered to issue 
17.10 	revenue bonds whose aggregate principal amount at any time shall not exceed $2,000,000,000
17.11 	$5,000,000,000 and to issue notes, bond anticipation notes, and revenue refunding bonds 
17.12 	of the authority under the provisions of sections 136A.25 to 136A.42, to provide funds for 
17.13 	acquiring, constructing, reconstructing, enlarging, remodeling, renovating, improving, 
17.14 	furnishing, or equipping one or more projects or parts thereof.
17.15 	(b) Of the $5,000,000,000 limit in paragraph (a), the aggregate principal amount used 
17.16 	to fund education facilities may not exceed $2,250,000,000 at any time, and the aggregate 
17.17 	principal amount used to fund health care facilities may not exceed $2,750,000,000 at any 
17.18 	time.

17.19 	Sec. 11. Minnesota Statutes 2024, section 136A.29, subdivision 10, is amended to read:
17.20 		Subd. 10.Revenue bonds; issuance, purpose, conditions. The authority is authorized 
17.21 	and empowered to issue revenue bonds to acquire projects from or to make loans to 
17.22 	participating institutions of higher education and thereby refinance outstanding indebtedness 
17.23 	incurred by participating institutions of higher education to provide funds for the acquisition, 
17.24 	construction or improvement of a facility before or after the enactment of sections 136A.25
17.25 	to 136A.42, but otherwise eligible to be and being a project thereunder, whenever the 
17.26 	authority finds that such the refinancing will enhance or preserve such the participating 
17.27 	institutions and such the facilities or utilization thereof that is for health care or educational 
17.28 	purposes or extend or adjust maturities to correspond to the resources available for their 
17.29 	payment, or reduce charges or fees imposed on patients or occupants or the tuition, charges,
17.30 	or fees imposed on students for the use or occupancy of the facilities of such the participating 
17.31 	institutions of higher education or costs met by federal or state public funds, or enhance or 
17.32 	preserve health care or educational programs and research or the acquisition or improvement 
17.33 	of other facilities eligible to be a project or part thereof by the participating institution of 
18.1 	higher education. The amount of revenue bonds to be issued to refinance outstanding 
18.2 	indebtedness of a participating institution of higher education shall not exceed the lesser of 
18.3 	(a) the fair value of the project to be acquired by the authority from the institution or 
18.4 	mortgaged to the authority by the institution or (b) the amount of the outstanding indebtedness 
18.5 	including any premium thereon and any interest accrued or to accrue to the date of redemption 
18.6 	and any legal, fiscal and related costs in connection with such the refinancing and reasonable 
18.7 	reserves, as determined by the authority. The provisions of this subdivision do not prohibit 
18.8 	the authority from issuing revenue bonds within and charged against the limitations provided 
18.9 	in subdivision 9 to provide funds for improvements, alteration, renovation, or extension of 
18.10 	the project refinanced.

18.11 	Sec. 12. Minnesota Statutes 2024, section 136A.29, subdivision 14, is amended to read:
18.12 		Subd. 14.Rules for use of projects. The authority is authorized and empowered to 
18.13 	establish rules for the use of a project or any portion thereof and to designate a participating 
18.14 	institution of higher education as its agent to establish rules for the use of a project undertaken 
18.15 	for such a participating institution of higher education.

18.16 	Sec. 13. Minnesota Statutes 2024, section 136A.29, subdivision 19, is amended to read:
18.17 		Subd. 19.Surety. Before the issuance of any revenue bonds under the provisions of 
18.18 	sections 136A.25 to 136A.42, any member or officer of the authority authorized by resolution 
18.19 	of the authority to handle funds or sign checks of the authority shall be covered under a 
18.20 	surety or fidelity bond in an amount to be determined by the authority. Each such bond shall 
18.21 	be conditioned upon the faithful performance of the duties of the office of the member or 
18.22 	officer, and shall be executed by a surety company authorized to transact business in the 
18.23 	state of Minnesota as surety. The cost of each such bond shall be paid by the authority.

18.24 	Sec. 14. Minnesota Statutes 2024, section 136A.29, subdivision 20, is amended to read:
18.25 		Subd. 20.Sale, lease, and disposal of property. The authority is authorized and 
18.26 	empowered to sell, lease, release, or otherwise dispose of real and personal property or 
18.27 	interests therein, or a combination thereof, acquired by the authority under authority of 
18.28 	sections 136A.25 to 136A.42 and no longer needed for the purposes of such this chapter or 
18.29 	of the authority, and grant such easements and other rights in, over, under, or across a project 
18.30 	as will not interfere with its use of such the property. Such The sale, lease, release, 
18.31 	disposition, or grant may be made without competitive bidding and in such the manner and
18.32 	for such consideration as the authority in its judgment deems appropriate.

19.1 	Sec. 15. Minnesota Statutes 2024, section 136A.29, subdivision 21, is amended to read:
19.2 		Subd. 21.Loans. The authority is authorized and empowered to make loans to any 
19.3 	participating institution of higher education for the cost of a project in accordance with an 
19.4 	agreement between the authority and the participating institution of higher education; 
19.5 	provided that no such loan shall exceed the total cost of the project as determined by the 
19.6 	participating institution of higher education and approved by the authority.

19.7 	Sec. 16. Minnesota Statutes 2024, section 136A.29, subdivision 22, is amended to read:
19.8 		Subd. 22.Costs, expenses, and other charges. The authority is authorized and 
19.9 	empowered to charge to and apportion among participating institutions of higher education
19.10 	its administrative costs and expenses incurred in the exercise of the powers and duties 
19.11 	conferred by sections 136A.25 to 136A.42 in the manner as the authority in its judgment 
19.12 	deems appropriate.

19.13 	Sec. 17. Minnesota Statutes 2024, section 136A.29, is amended by adding a subdivision 
19.14 	to read:
19.15 		Subd. 24.Determination of affiliate status. The authority is authorized and empowered 
19.16 	to determine whether an entity is an affiliate. A determination by the authority of affiliate 
19.17 	status shall be deemed conclusive for the purposes of sections 136A.25 to 136A.42.

19.18 	Sec. 18. Minnesota Statutes 2024, section 136A.32, subdivision 1, is amended to read:
19.19 		Subdivision 1.Bonds; generally. (a) The authority may from time to time issue revenue 
19.20 	bonds for purposes of sections 136A.25 to 136A.42, and all such revenue bonds, notes, 
19.21 	bond anticipation notes or other obligations of the authority issued pursuant to sections 
19.22 	136A.25 to 136A.42 shall be and are hereby declared to be negotiable for all purposes 
19.23 	notwithstanding their payment from a limited source and without regard to any other law 
19.24 	or laws. In anticipation of the sale of such revenue bonds, the authority may issue negotiable 
19.25 	bond anticipation notes and may renew the same from time to time, but the maximum 
19.26 	maturity of any such note, including renewals thereof, shall not exceed five years from the 
19.27 	date of issue of the original note. Such Notes shall be paid from any revenues of the authority 
19.28 	available therefor and not otherwise pledged, or from the proceeds of sale of the revenue 
19.29 	bonds of the authority in anticipation of which they were issued. The notes shall be issued 
19.30 	in the same manner as the revenue bonds. Such notes and the resolution or resolutions 
19.31 	authorizing the same may contain any provisions, conditions or limitations which a bond 
19.32 	resolution or the authority may contain.
20.1 	(b) Before issuing revenue bonds, notes, or other obligations under paragraph (a) on 
20.2 	behalf of a health care organization to finance health care facilities, the authority must obtain 
20.3 	consent by resolution from each city or town in which the project is located, except that 
20.4 	consent need not be obtained in the case of a city or town with a population of less than 
20.5 	100,000. The consent by resolution requirement does not apply to financing under paragraph 
20.6 	(a) on behalf of a participating institution which is primarily an institution of higher 
20.7 	education.

20.8 	Sec. 19. Minnesota Statutes 2024, section 136A.32, subdivision 4, is amended to read:
20.9 		Subd. 4.Provisions of resolution authorizing bonds. Any resolution or resolutions 
20.10 	authorizing any revenue bonds or any issue of revenue bonds may contain provisions, which 
20.11 	shall be a part of the contract with the holders of the revenue bonds to be authorized, as to:
20.12 	(1) pledging all or any part of the revenues of a project or projects, any revenue producing 
20.13 	contract or contracts made by the authority with any individual partnership, corporation or 
20.14 	association or other body one or more partnerships, corporations or associations, or other 
20.15 	bodies, public or private, to secure the payment of the revenue bonds or of any particular 
20.16 	issue of revenue bonds, subject to such agreements with bondholders as may then exist;
20.17 	(2) the rentals, fees and other charges to be charged, and the amounts to be raised in 
20.18 	each year thereby, and the use and disposition of the revenues;
20.19 	(3) the setting aside of reserves or sinking funds, and the regulation and disposition 
20.20 	thereof of them;
20.21 	(4) limitations on the right of the authority or its agent to restrict and regulate the use of 
20.22 	the project;
20.23 	(5) limitations on the purpose to which the proceeds of sale of any issue of revenue 
20.24 	bonds then or thereafter to be issued may be applied and pledging such the proceeds to 
20.25 	secure the payment of the revenue bonds or any issue of the revenue bonds;
20.26 	(6) limitations on the issuance of additional bonds, the terms upon which additional 
20.27 	bonds may be issued and secured and the refunding of outstanding bonds;
20.28 	(7) the procedure, if any, by which the terms of any contract with bondholders may be 
20.29 	amended or abrogated, the amount of bonds the holders of which must consent thereto to, 
20.30 	and the manner in which such consent may be given;
20.31 	(8) limitations on the amount of moneys derived from the project to be expended for 
20.32 	operating, administrative or other expenses of the authority;
21.1 	(9) defining the acts or omissions to act which shall constitute a default in the duties of 
21.2 	the authority to holders of its obligations and providing the rights and remedies of such the
21.3 	holders in the event of a default; or
21.4 	(10) the mortgaging of a project and the site thereof for the purpose of securing the 
21.5 	bondholders.

21.6 	Sec. 20. Minnesota Statutes 2024, section 136A.32, is amended by adding a subdivision 
21.7 	to read:
21.8 		Subd. 4a.Health care certification. Health care organizations must provide the authority 
21.9 	with a signed certificate from the health care organization stating that so long as authority 
21.10 	financing for the health care organization remains outstanding, none of the proceeds of the 
21.11 	bonds to the health care organization may be directly or indirectly used to benefit a private 
21.12 	party or private equity-funded entity.

21.13 	Sec. 21. Minnesota Statutes 2024, section 136A.33, is amended to read:
21.14 	136A.33 TRUST AGREEMENT.
21.15 	In the discretion of the authority any revenue bonds issued under the provisions of 
21.16 	sections 136A.25 to 136A.42, may be secured by a trust agreement by and between the 
21.17 	authority and a corporate trustee or trustees, which may be any trust company or bank having 
21.18 	the powers of a trust company within the state. Such The trust agreement or the resolution 
21.19 	providing for the issuance of such revenue bonds may pledge or assign the revenues to be 
21.20 	received or proceeds of any contract or contracts pledged and may convey or mortgage the 
21.21 	project or any portion thereof of it. Such The trust agreement or resolution providing for 
21.22 	the issuance of such revenue bonds may contain such provisions for protecting and enforcing 
21.23 	the rights and remedies of the bondholders as may be reasonable and proper and not in 
21.24 	violation of laws, including particularly such particular provisions as have hereinabove that 
21.25 	have been specifically authorized to be included in any resolution or resolutions of the 
21.26 	authority authorizing revenue bonds thereof. Any bank or trust company incorporated under 
21.27 	the laws of the state which that may act as depository of the proceeds of bonds or of revenues 
21.28 	or other moneys may furnish such indemnifying bonds or pledges suchpledge securities as 
21.29 	may be required by the authority. Any such trust agreement may set forth the rights and 
21.30 	remedies of the bondholders and of the trustee or trustees and may restrict the individual 
21.31 	right of action by bondholders. In addition to the foregoing, any such trust agreement or 
21.32 	resolution may contain such other provisions as the authority may deem reasonable and 
21.33 	proper for the security of the bondholders. All expenses incurred in carrying out the 
22.1 	provisions of such the trust agreement or resolution may be treated as a part of the cost of 
22.2 	the operation of a project.

22.3 	Sec. 22. Minnesota Statutes 2024, section 136A.34, subdivision 3, is amended to read:
22.4 		Subd. 3.Investment. Any such escrowed proceeds, pending such use, may be invested 
22.5 	and reinvested in direct obligations of the United States of America, or in certificates of 
22.6 	deposit or time deposits secured by direct obligations of the United States of America, or 
22.7 	in shares or units in any money market mutual fund whose investment portfolio consists 
22.8 	solely of direct obligations of the United States of America, maturing at such a time or times 
22.9 	as shall be appropriate to assure the prompt payment, as to principal, interest and redemption 
22.10 	premium, if any, of the outstanding revenue bonds to be so refunded. The interest, income 
22.11 	and profits, if any, earned or realized on any such investment may also be applied to the 
22.12 	payment of the outstanding revenue bonds to be so refunded. After the terms of the escrow 
22.13 	have been fully satisfied and carried out, any balance of such the proceeds and interest, 
22.14 	income and profits, if any, earned or realized on the investments thereof may be returned 
22.15 	to the authority for use by it in any lawful manner.

22.16 	Sec. 23. Minnesota Statutes 2024, section 136A.34, subdivision 4, is amended to read:
22.17 		Subd. 4.Additional purpose; improvements. The portion of the proceeds of any such
22.18 	revenue bonds issued for the additional purpose of paying all or any part of the cost of 
22.19 	constructing and acquiring additions, improvements, extensions or enlargements of a project 
22.20 	may be invested or deposited in time deposits as provided in section 136A.32, subdivision 
22.21 	7.

22.22 	Sec. 24. Minnesota Statutes 2024, section 136A.36, is amended to read:
22.23 	136A.36 REVENUES.
22.24 	The authority may fix, revise, charge and collect rates, rents, fees and charges for the 
22.25 	use of and for the services furnished or to be furnished by each project and to may contract 
22.26 	with any person, partnership, association or corporation, or other body, public or private, 
22.27 	in respect thereof. Such The rates, rents, fees, and charges may vary between projects 
22.28 	involving an education facility and projects involving a health care facility and shall be 
22.29 	fixed and adjusted in respect of the aggregate of rates, rents, fees, and charges from such
22.30 	the project so as to provide funds sufficient with other revenues, if any:
23.1 	(1) to pay the cost of maintaining, repairing and operating the project and each and every 
23.2 	portion thereof of it, to the extent that the payment of such the cost has not otherwise been 
23.3 	adequately provided for;
23.4 	(2) to pay the principal of and the interest on outstanding revenue bonds of the authority 
23.5 	issued in respect of such project as the same shall become due and payable; and
23.6 	(3) to create and maintain reserves required or provided for in any resolution authorizing, 
23.7 	or trust agreement securing, such revenue bonds of the authority. Such The rates, rents, fees 
23.8 	and charges shall not be subject to supervision or regulation by any department, commission, 
23.9 	board, body, bureau or agency of this state other than the authority. A sufficient amount of 
23.10 	the revenues derived in respect of a project, except such part of such the revenues as may 
23.11 	be necessary to pay the cost of maintenance, repair and operation and to provide reserves 
23.12 	and for renewals, replacements, extensions, enlargements and improvements as may be 
23.13 	provided for in the resolution authorizing the issuance of any revenue bonds of the authority 
23.14 	or in the trust agreement securing the same, shall be set aside at such regular intervals as 
23.15 	may be provided in such the resolution or trust agreement in a sinking or other similar fund 
23.16 	which that is hereby pledged to, and charged with, the payment of the principal of and the 
23.17 	interest on such revenue bonds as the same shall become due, and the redemption price or 
23.18 	the purchase price of bonds retired by call or purchase as therein provided. Such The pledge 
23.19 	shall be valid and binding from the time when the pledge is made; the rates, rents, fees and 
23.20 	charges and other revenues or other moneys so pledged and thereafter received by the 
23.21 	authority shall immediately be subject to the lien of such the pledge without physical delivery 
23.22 	thereof or further act, and the lien of any such pledge shall be valid and binding as against 
23.23 	all parties having claims of any kind against the authority, irrespective of whether such the
23.24 	parties have notice thereof of it. Neither the resolution nor any trust agreement by which a 
23.25 	pledge is created need be filed or recorded except in the records of the authority. The use 
23.26 	and disposition of moneys to the credit of such a sinking or other similar fund shall be 
23.27 	subject to the provisions of the resolution authorizing the issuance of such bonds or of such
23.28 	a trust agreement. Except as may otherwise be provided in such the resolution or such trust 
23.29 	agreement, such the sinking or other similar fund shall be a fund for all such revenue bonds 
23.30 	issued to finance a project or projects at one or more participating institutions of higher 
23.31 	education without distinction or priority of one over another; provided the authority in any 
23.32 	such resolution or trust agreement may provide that such the sinking or other similar fund 
23.33 	shall be the fund for a particular project at an a participating institution of higher education
23.34 	and for the revenue bonds issued to finance a particular project and may, additionally, permit 
23.35 	and provide for the issuance of revenue bonds having a subordinate lien in respect of the 
24.1 	security herein authorized to other revenue bonds of the authority and, in such case, the 
24.2 	authority may create separate or other similar funds in respect of such the subordinate lien 
24.3 	bonds.

24.4 	Sec. 25. Minnesota Statutes 2024, section 136A.38, is amended to read:
24.5 	136A.38 BONDS ELIGIBLE FOR INVESTMENT.
24.6 	Bonds issued by the authority under the provisions of sections 136A.25 to 136A.42, are 
24.7 	hereby made securities in which all public officers and public bodies of the state and its 
24.8 	political subdivisions, all insurance companies, trust companies, banking associations, 
24.9 	investment companies, executors, administrators, trustees and other fiduciaries may properly 
24.10 	and legally invest funds, including capital in their control or belonging to them; it being the 
24.11 	purpose of this section to authorize the investment in such bonds of all sinking, insurance, 
24.12 	retirement, compensation, pension and trust funds, whether owned or controlled by private 
24.13 	or public persons or officers; provided, however, that nothing contained in this section may 
24.14 	be construed as relieving any person, firm, or corporation from any duty of exercising due 
24.15 	care in selecting securities for purchase or investment; and provide further, that in no event 
24.16 	shall assets of pension funds of public employees of the state of Minnesota or any of its 
24.17 	agencies, boards or subdivisions, whether publicly or privately administered, be invested 
24.18 	in bonds issued under the provisions of sections 136A.25 to 136A.42. Such bonds are hereby 
24.19 	constituted "authorized securities" within the meaning and for the purposes of Minnesota 
24.20 	Statutes 1969, section 50.14. Such The bonds are hereby made securities which that may 
24.21 	properly and legally be deposited with and received by any state or municipal officer or any 
24.22 	agency or political subdivision of the state for any purpose for which the deposit of bonds 
24.23 	or obligations of the state now or may hereafter be authorized by law.

24.24 	Sec. 26. Minnesota Statutes 2024, section 136A.41, is amended to read:
24.25 	136A.41 CONFLICT OF INTEREST.
24.26 	Notwithstanding any other law to the contrary it shall not be or constitute a conflict of 
24.27 	interest for a trustee, director, officer or employee of any participating institution of higher 
24.28 	education, financial institution, investment banking firm, brokerage firm, commercial bank 
24.29 	or trust company, architecture firm, insurance company, construction company, or any other 
24.30 	firm, person or corporation to serve as a member of the authority, provided such the trustee, 
24.31 	director, officer or employee shall abstain from deliberation, action and vote by the authority 
24.32 	in each instance where the business affiliation of any such trustee, director, officer or 
24.33 	employee is involved.

25.1 	Sec. 27. Minnesota Statutes 2024, section 136A.42, is amended to read:
25.2 	136A.42 ANNUAL REPORT.
25.3 	The authority shall keep an accurate account of all of its activities and all of its receipts 
25.4 	and expenditures and shall annually report to the office. Each year, the authority shall submit 
25.5 	to the Minnesota Historical Society and the Legislative Reference Library a report of the 
25.6 	authority's activities in the previous year, including all financial activities.

25.7 	Sec. 28. Minnesota Statutes 2024, section 136F.67, subdivision 1, is amended to read:
25.8 		Subdivision 1.Authorization. A technical college or a community college must not 
25.9 	seek financing for child care facilities or parking facilities through the Higher Health and
25.10 	Education Facilities Authority, as provided in section 136A.28, subdivision 7, without the 
25.11 	explicit authorization of the board.

25.12 	Sec. 29. Minnesota Statutes 2024, section 354B.20, subdivision 7, is amended to read:
25.13 		Subd. 7.Employing unit. "Employing unit," if the agency employs any persons covered 
25.14 	by the individual retirement account plan under section 354B.211, means:
25.15 	(1) the board;
25.16 	(2) the Minnesota Office of Higher Education; and
25.17 	(3) the Higher Health and Education Facilities Authority.

25.18 	Sec. 30. REVISOR INSTRUCTION.
 25.19 	The revisor of statutes shall renumber the law establishing and governing the Minnesota 
25.20 	Higher Education Facilities Authority, renamed the Minnesota Health and Education 
25.21 	Facilities Authority in this act, as Minnesota Statutes, chapter 15D, coded in Minnesota 
25.22 	Statutes, sections 136A.25 to 136A.42, as amended or repealed in this act. The revisor of 
25.23 	statutes shall also duplicate any required definitions from Minnesota Statutes, chapter 136A; 
25.24 	revise any statutory cross-references consistent with the recoding; and report the history in 
25.25 	Minnesota Statutes, chapter 15D. The revisor of statutes shall change "Minnesota Higher 
25.26 	Education Facilities Authority" to "Minnesota Health and Higher Education Facilities 
25.27 	Authority" where it appears in Minnesota Statutes.

25.28 	Sec. 31. REPEALER.
 25.29 	Minnesota Statutes 2024, section 136A.29, subdivision 4, is repealed.

	ARTICLE 1	HEALTH POLICY........	Page.Ln 1.14	
	ARTICLE 2	MINNESOTA HEALTH AND EDUCATION FACILITIES AUTHORITY........	Page.Ln 8.27	

APPENDIX 

Repealed Minnesota Statutes: H2464-1 

136A.29 POWERS; DUTIES.Subd. 4.Mutual agreement; staff, equipment, office space. 
By mutual agreement between the authority and the office, authority staff employees may also be members of the office staff. By mutual agreement, authority employees may be provided office space in the office of the Office of Higher Education, and said employees may make use of equipment, supplies, and office space, provided that the authority fully reimburses the office for salaries and for space, equipment, supplies, and materials used. In the absence of such mutual agreement between the authority and the office, the authority may maintain an office at such place or places as it may designate.