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Capital IconMinnesota Legislature

HF 14

as introduced - 80th Legislature, 1997 3rd Special Session (1997 - 1997) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to legislative enactments; providing for the 
  1.3             correction of miscellaneous oversights, 
  1.4             inconsistencies, ambiguities, unintended results, and 
  1.5             technical errors of a noncontroversial nature; 
  1.6             amending Minnesota Statutes 1996, section 256B.0627, 
  1.7             subdivision 1; Minnesota Statutes 1997 Supplement, 
  1.8             sections 80A.04, subdivision 5; 115.55, subdivision 6; 
  1.9             144D.01, subdivision 4; 245B.07, subdivisions 5 and 9; 
  1.10            403.02, subdivision 2; 524.3-1201; and 626.556, 
  1.11            subdivision 10f; Laws 1997, chapter 143, section 21; 
  1.12            chapter 200, article 1, section 1; chapter 200, 
  1.13            article 1, section 5, subdivision 1; chapter 200, 
  1.14            section 5, subdivision 4, as amended; chapter 203, 
  1.15            article 3, section 18; chapter 203, article 3, section 
  1.16            19; chapter 231, article 1, section 16, as amended; 
  1.17            and chapter 250, section 18; Laws 1997, First Special 
  1.18            Session chapter 4, article 1, section 64.  
  1.20     Section 1.  [CORRECTION.] 
  1.21     Subdivision 1.  Minnesota Statutes 1997 Supplement, section 
  1.22  403.02, subdivision 2, is amended to read: 
  1.23     Subd. 2.  [METROPOLITAN AREA.] "Metropolitan area" means 
  1.24  the metropolitan area as defined in section 473.121, subdivision 
  1.25  2 counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
  1.26  and Washington. 
  1.27     Subd. 2.  [EFFECTIVE DATE.] This section is effective the 
  1.28  day following final enactment. 
  1.29     Sec. 2.  [CORRECTION 102.] Laws 1997, chapter 250, section 
  1.30  18, is amended to read: 
  1.31     Sec. 18.  [EFFECTIVE DATE.] 
  1.32     Sections 9; 10, subdivisions 5 and 6; 14; and 15 are 
  2.1   effective the day following final enactment.  Sections 9; 10, 
  2.2   subdivisions 1 to 4; 11; 12; 16; and 17 are effective January 1, 
  2.3   1999. 
  2.4      Sec. 3.  [CORRECTION 103.] 
  2.5      Laws 1997, chapter 222, sections 37 to 41, take effect 
  2.6   January 1, 1998. 
  2.7      Sec. 4.  [CORRECTION 104.] Minnesota Statutes 1997 
  2.8   Supplement, section 80A.04, subdivision 5, is amended to read: 
  2.9      Subd. 5.  Except with respect to advisers whose only 
  2.10  clients are those described in subdivision 3, clause (2), it is 
  2.11  unlawful for a federal covered adviser to conduct advisory 
  2.12  business in this state unless the person complies with section 
  2.13  80A.05, subdivision 1a. 
  2.14     Sec. 5.  [CORRECTION 105.] Laws 1997, chapter 143, section 
  2.15  21, is amended to read: 
  2.16     Sec. 21.  [APPLICATION.] 
  2.17     Section 11 17 applies in Anoka, Carver, Dakota, Hennepin, 
  2.18  Ramsey, Scott, and Washington counties. 
  2.19     Sec. 6.  [CORRECTION 106.] Minnesota Statutes 1997 
  2.20  Supplement, section 144D.01, subdivision 4, is amended to read: 
  2.22  ESTABLISHMENT.] "Housing with services establishment" or 
  2.23  "establishment" means an establishment providing sleeping 
  2.24  accommodations to one or more adult residents, at least 80 
  2.25  percent of which are 55 years of age or older, and offering or 
  2.26  providing, for a fee, one or more regularly scheduled 
  2.27  health-related services or two or more regularly scheduled 
  2.28  supportive services, whether offered or provided directly by the 
  2.29  establishment or by another entity arranged for by the 
  2.30  establishment. 
  2.31     Housing with services establishment does not include: 
  2.32     (1) a nursing home licensed under chapter 144A; 
  2.33     (2) a hospital, boarding care home, or supervised living 
  2.34  facility licensed under sections 144.50 to 144.56; 
  2.35     (3) a board and lodging establishment licensed under 
  2.36  chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 
  3.1   9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 
  3.2   9530.4450, or under chapter 245B; 
  3.3      (4) a board and lodging establishment which serves as a 
  3.4   shelter for battered women or other similar purpose; 
  3.5      (5) a family adult foster care home licensed by the 
  3.6   department of human services; 
  3.7      (6) private homes in which the residents are related by 
  3.8   kinship, law, or affinity with the providers of services; 
  3.9      (7) residential settings for persons with mental 
  3.10  retardation or related conditions in which the services are 
  3.11  licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or 
  3.12  applicable successor rules or laws; 
  3.13     (8) a home-sharing arrangement such as when an elderly or 
  3.14  disabled person or single-parent family makes lodging in a 
  3.15  private residence available to another person in exchange for 
  3.16  services or rent, or both; 
  3.17     (9) a duly organized condominium, cooperative, common 
  3.18  interest community, or owners' association of the foregoing 
  3.19  where at least 80 percent of the units that comprise the 
  3.20  condominium, cooperative, or common interest community are 
  3.21  occupied by individuals who are the owners, members, or 
  3.22  shareholders of the units; or 
  3.23     (10) services for persons with developmental disabilities 
  3.24  that are provided under a license according to Minnesota Rules, 
  3.25  parts 9525.2000 to 9525.2140 in effect until January 1, 1998, or 
  3.26  under chapter 245B. 
  3.27     Sec. 7.  [CORRECTION 107.] Minnesota Statutes 1997 
  3.28  Supplement, section 245B.07, subdivision 5, is amended to read: 
  3.29     Subd. 5.  [STAFF ORIENTATION.] (a) Within 60 days of hiring 
  3.30  staff who provide direct service, the license holder must 
  3.31  provide 30 hours of staff orientation.  Direct care staff must 
  3.32  complete 15 of the 30 hours orientation before providing any 
  3.33  unsupervised direct service to a consumer.  If the staff person 
  3.34  has received orientation training from a license holder licensed 
  3.35  under this chapter, or provides semi-independent living services 
  3.36  only, the 15-hour requirement may be reduced to eight hours.  
  4.1   The total orientation of 30 hours may be reduced to 15 hours if 
  4.2   the staff person has previously received orientation training 
  4.3   from a license holder licensed under this chapter. 
  4.4      (b) The 30 hours of orientation must combine supervised 
  4.5   on-the-job training with coverage of the following material: 
  4.6      (1) review of the consumer's service plans and risk 
  4.7   management plan to achieve an understanding of the consumer as a 
  4.8   unique individual; 
  4.9      (2) review and instruction on the license holder's policies 
  4.10  and procedures, including their location and access; 
  4.11     (3) emergency procedures; 
  4.12     (4) explanation of specific job functions, including 
  4.13  implementing objectives from the consumer's individual service 
  4.14  plan; 
  4.15     (5) explanation of responsibilities related to chapter 245C 
  4.16  section 245A.65; sections 626.556 and 626.557, governing 
  4.17  maltreatment reporting and service planning for children and 
  4.18  vulnerable adults; and section 245.825, governing use of 
  4.19  aversive and deprivation procedures; 
  4.20     (6) medication administration as it applies to the 
  4.21  individual consumer, from a training curriculum developed by a 
  4.22  health services professional described in section 245B.05, 
  4.23  subdivision 5, and when the consumer meets the criteria of 
  4.24  having overriding health care needs, then medication 
  4.25  administration taught by a health services professional.  Once a 
  4.26  consumer with overriding health care needs is admitted, staff 
  4.27  will be provided with remedial training as deemed necessary by 
  4.28  the license holder and the health professional to meet the needs 
  4.29  of that consumer. 
  4.30     For purposes of this section, overriding health care needs 
  4.31  means a health care condition that affects the service options 
  4.32  available to the consumer because the condition requires: 
  4.33     (i) specialized or intensive medical or nursing 
  4.34  supervision; and 
  4.35     (ii) nonmedical service providers to adapt their services 
  4.36  to accommodate the health and safety needs of the consumer; 
  5.1      (7) consumer rights; and 
  5.2      (8) other topics necessary as determined by the consumer's 
  5.3   individual service plan or other areas identified by the license 
  5.4   holder. 
  5.5      (c) The license holder must document each employee's 
  5.6   orientation received. 
  5.7      Sec. 8.  [CORRECTION 107A.] Minnesota Statutes 1997 
  5.8   Supplement, section 245B.07, subdivision 9, is amended to read: 
  5.10  PROCEDURES.] The license holder shall: 
  5.11     (1) review and update, as needed, the written policies and 
  5.12  procedures in this subdivision chapter and inform all consumers 
  5.13  or the consumer's legal representatives, case managers, and 
  5.14  employees of the revised policies and procedures when they 
  5.15  affect the service provision; 
  5.16     (2) inform consumers or the consumer's legal 
  5.17  representatives of the written policies and procedures in this 
  5.18  subdivision chapter upon service initiation.  Copies must be 
  5.19  available to consumers or the consumer's legal representatives, 
  5.20  case managers, the county where services are located, and the 
  5.21  commissioner upon request; and 
  5.22     (3) document and maintain relevant information related to 
  5.23  the policies and procedures in this subdivision chapter. 
  5.24     Sec. 9.  [CORRECTION 108.] Minnesota Statutes 1996, section 
  5.25  256B.0627, subdivision 1, is amended to read: 
  5.26     Subdivision 1.  [DEFINITION.] (a) "Assessment" means a 
  5.27  review and evaluation of a recipient's need for home care 
  5.28  services conducted in person.  Assessments for private duty 
  5.29  nursing shall be conducted by a private duty nurse.  Assessments 
  5.30  for home health agency services shall be conducted by a home 
  5.31  health agency nurse.  Assessments for personal care services 
  5.32  shall be conducted by the county public health nurse or a 
  5.33  certified public health nurse under contract with the county.  
  5.34  An initial assessment for personal care services is conducted on 
  5.35  individuals who are requesting personal care services or for 
  5.36  those consumers who have never had a public health nurse 
  6.1   assessment.  The initial assessment must include:  a 
  6.2   face-to-face health status assessment and determination of 
  6.3   baseline need, collection of initial case data, identification 
  6.4   of appropriate services and service plan development, 
  6.5   coordination of initial services, referrals and follow-up to 
  6.6   appropriate payers and community resources, completion of 
  6.7   required reports, obtaining service authorization, and consumer 
  6.8   education.  A reassessment visit for personal care services is 
  6.9   conducted at least annually or when there is a significant 
  6.10  change in consumer condition and need for services.  The 
  6.11  reassessment visit includes a review of initial baseline data, 
  6.12  evaluation of service outcomes, redetermination of service need, 
  6.13  modification of service plan and appropriate referrals, update 
  6.14  of initial forms, obtaining service authorization, and on going 
  6.15  consumer education.  Assessments for medical assistance home 
  6.16  care services for mental retardation or related conditions and 
  6.17  alternative care services for developmentally disabled home and 
  6.18  community-based waivered recipients may be conducted by the 
  6.19  county public health nurse to ensure coordination and avoid 
  6.20  duplication.  Assessments must be completed on forms provided by 
  6.21  the commissioner within 30 days of a request for home care 
  6.22  services by a recipient or responsible party. 
  6.23     (b) "Care plan" means a written description of personal 
  6.24  care assistant services developed by the agency nurse with the 
  6.25  recipient or responsible party to be used by the personal care 
  6.26  assistant with a copy provided to the recipient or responsible 
  6.27  party. 
  6.28     (c) "Home care services" means a health service, determined 
  6.29  by the commissioner as medically necessary, that is ordered by a 
  6.30  physician and documented in a service plan that is reviewed by 
  6.31  the physician at least once every 60 days for the provision of 
  6.32  home health services, or private duty nursing, or at least once 
  6.33  every 365 days for personal care.  Home care services are 
  6.34  provided to the recipient at the recipient's residence that is a 
  6.35  place other than a hospital or long-term care facility or as 
  6.36  specified in section 256B.0625.  
  7.1      (d) "Medically necessary" has the meaning given in 
  7.2   Minnesota Rules, parts 9505.0170 to 9505.0475.  
  7.3      (e) "Personal care assistant" means a person who:  (1) is 
  7.4   at least 18 years old, except for persons 16 to 18 years of age 
  7.5   who participated in a related school-based job training program 
  7.6   or have completed a certified home health aide competency 
  7.7   evaluation; (2) is able to effectively communicate with the 
  7.8   recipient and personal care provider organization; (3) effective 
  7.9   July 1, 1996, has completed one of the training requirements as 
  7.10  specified in Minnesota Rules, part 9505.0335, subpart 3, items A 
  7.11  to D; (4) has the ability to, and provides covered personal care 
  7.12  services according to the recipient's care plan, responds 
  7.13  appropriately to recipient needs, and reports changes in the 
  7.14  recipient's condition to the supervising registered nurse; (5) 
  7.15  is not a consumer of personal care services; and (6) is subject 
  7.16  to criminal background checks.  An individual who has been 
  7.17  convicted of a crime specified in Minnesota Rules, part 
  7.18  4668.0020, subpart 14, or a comparable crime in another 
  7.19  jurisdiction is disqualified from being a personal care 
  7.20  assistant, unless the individual meets the rehabilitation 
  7.21  criteria specified in Minnesota Rules, part 4668.0020, subpart 
  7.22  15. 
  7.23     (f) "Personal care provider organization" means an 
  7.24  organization enrolled to provide personal care services under 
  7.25  the medical assistance program that complies with the 
  7.26  following:  (1) owners who have a five percent interest or more, 
  7.27  and managerial officials are subject to a background study as 
  7.28  provided in section 245A.04.  This applies to currently enrolled 
  7.29  personal care provider organizations and those agencies seeking 
  7.30  enrollment as a personal care provider organization.  An 
  7.31  organization will be barred from enrollment if an owner or 
  7.32  managerial official of the organization has been convicted of a 
  7.33  crime specified in Minnesota Rules, part 4668.0020, subpart 
  7.34  14 section 245A.04, or a comparable crime in another 
  7.35  jurisdiction, unless the owner or managerial official meets 
  7.36  the rehabilitation reconsideration criteria specified 
  8.1   in Minnesota Rules, part 4668.0020, subpart 15 section 245A.04; 
  8.2   (2) the organization must maintain a surety bond and liability 
  8.3   insurance throughout the duration of enrollment and provides 
  8.4   proof thereof.  The insurer must notify the department of human 
  8.5   services of the cancellation or lapse of policy; and (3) the 
  8.6   organization must maintain documentation of services as 
  8.7   specified in Minnesota Rules, part 9505.2175, subpart 7, as well 
  8.8   as evidence of compliance with personal care assistant training 
  8.9   requirements. 
  8.10     (g) "Responsible party" means an individual residing with a 
  8.11  recipient of personal care services who is capable of providing 
  8.12  the supportive care necessary to assist the recipient to live in 
  8.13  the community, is at least 18 years old, and is not a personal 
  8.14  care assistant.  Responsible parties who are parents of minors 
  8.15  or guardians of minors or incapacitated persons may delegate the 
  8.16  responsibility to another adult during a temporary absence of at 
  8.17  least 24 hours but not more than six months.  The person 
  8.18  delegated as a responsible party must be able to meet the 
  8.19  definition of responsible party, except that the delegated 
  8.20  responsible party is required to reside with the recipient only 
  8.21  while serving as the responsible party.  Foster care license 
  8.22  holders may be designated the responsible party for residents of 
  8.23  the foster care home if case management is provided as required 
  8.24  in section 256B.0625, subdivision 19a.  For persons who, as of 
  8.25  April 1, 1992, are sharing personal care services in order to 
  8.26  obtain the availability of 24-hour coverage, an employee of the 
  8.27  personal care provider organization may be designated as the 
  8.28  responsible party if case management is provided as required in 
  8.29  section 256B.0625, subdivision 19a. 
  8.30     (h) "Service plan" means a written description of the 
  8.31  services needed based on the assessment developed by the nurse 
  8.32  who conducts the assessment together with the recipient or 
  8.33  responsible party.  The service plan shall include a description 
  8.34  of the covered home care services, frequency and duration of 
  8.35  services, and expected outcomes and goals.  The recipient and 
  8.36  the provider chosen by the recipient or responsible party must 
  9.1   be given a copy of the completed service plan within 30 calendar 
  9.2   days of the request for home care services by the recipient or 
  9.3   responsible party. 
  9.4      (i) "Skilled nurse visits" are provided in a recipient's 
  9.5   residence under a plan of care or service plan that specifies a 
  9.6   level of care which the nurse is qualified to provide.  These 
  9.7   services are: 
  9.8      (1) nursing services according to the written plan of care 
  9.9   or service plan and accepted standards of medical and nursing 
  9.10  practice in accordance with chapter 148; 
  9.11     (2) services which due to the recipient's medical condition 
  9.12  may only be safely and effectively provided by a registered 
  9.13  nurse or a licensed practical nurse; 
  9.14     (3) assessments performed only by a registered nurse; and 
  9.15     (4) teaching and training the recipient, the recipient's 
  9.16  family, or other caregivers requiring the skills of a registered 
  9.17  nurse or licensed practical nurse. 
  9.18     Sec. 10.  [CORRECTION 109.] Minnesota Statutes 1997 
  9.19  Supplement, section 626.556, subdivision 10f, is amended to read:
  9.20     Subd. 10f.  [NOTICE OF DETERMINATIONS.] Within ten working 
  9.21  days of the conclusion of an assessment, the local welfare 
  9.22  agency shall notify the parent or guardian of the child, the 
  9.23  person determined to be maltreating the child, and if 
  9.24  applicable, the director of the facility, of the determination 
  9.25  and a summary of the specific reasons for the determination.  
  9.26  The notice must also include a certification that the 
  9.27  information collection procedures under subdivision 10, 
  9.28  paragraphs (h), (i), and (j), were followed and a notice of the 
  9.29  right of a data subject to obtain access to other private data 
  9.30  on the subject collected, created, or maintained under this 
  9.31  section.  In addition, the notice shall include the length of 
  9.32  time that the records will be kept under subdivision 11c.  When 
  9.33  there is no determination of either maltreatment or a need for 
  9.34  services, the notice shall also include the alleged 
  9.35  perpetrator's right to have the records destroyed.  The 
  9.36  investigating agency shall notify the designee parent or 
 10.1   guardian of the child who is the subject of the report, and any 
 10.2   person or facility determined to have maltreated a child, of 
 10.3   their appeal rights under this section. 
 10.4      Sec. 11.  [CORRECTION 110.] Laws 1997, chapter 231, article 
 10.5   1, section 16, as amended by Laws 1997, First Special Session 
 10.6   chapter 5, section 35, is amended to read: 
 10.7      Sec. 16.  [PROPERTY TAX REBATE.] 
 10.8      (a) A credit is allowed against the tax imposed on an 
 10.9   individual under Minnesota Statutes, chapter 290, to an 
 10.10  individual, other than as a dependent, as defined in sections 
 10.11  151 and 152 of the Internal Revenue Code, disregarding section 
 10.12  152(b)(3) of the Internal Revenue Code, equal to 20 percent of 
 10.13  the qualified property tax paid in calendar year 1997 for taxes 
 10.14  assessed in 1996.  The credit is allowed only to the individual 
 10.15  and spouse, if any, who paid the tax, whether directly, through 
 10.16  an escrow arrangement, or under a contractual agreement for the 
 10.17  purchase or sale of the property, and without regard to whether 
 10.18  the individual qualifies as a claimant under Minnesota Statutes, 
 10.19  chapter 290A. 
 10.20     (b) For property owned and occupied by the taxpayer during 
 10.21  1997, qualified tax means property taxes payable as defined in 
 10.22  Minnesota Statutes, section 290A.03, subdivision 13, assessed in 
 10.23  1996 and payable in 1997, except the requirement that the 
 10.24  taxpayer own and occupy the property on January 2, 1997, does 
 10.25  not apply.  The credit is allowed only to the individual and 
 10.26  spouse, if any, who paid the tax, whether directly, through an 
 10.27  escrow arrangement, or under a contractual agreement for the 
 10.28  purchase or sale of the property.  
 10.29     (c) For a renter, the qualified property tax means the 
 10.30  amount of rent constituting property taxes under Minnesota 
 10.31  Statutes, section 290A.03, subdivision 11, based on rent paid in 
 10.32  1997.  If two or more renters could be claimants under Minnesota 
 10.33  Statutes, chapter 290A with regard to the rent constituting 
 10.34  property taxes, the rules under Minnesota Statutes, section 
 10.35  290A.03, subdivision 8, paragraph (f), applies to determine the 
 10.36  amount of the credit for the individual. 
 11.1      (d) For an individual who both owned and rented principal 
 11.2   residences in calendar year 1997, qualified taxes are the sum of 
 11.3   the amounts under paragraphs (a) and (b). 
 11.4      (e) If the amount of the credit under this subdivision 
 11.5   exceeds the taxpayer's tax liability under this chapter, the 
 11.6   commissioner shall refund the excess. 
 11.7      (f) To claim a credit under this subdivision, the taxpayer 
 11.8   must attach a copy of the property tax statement and certificate 
 11.9   of rent paid, as applicable, and provide any additional 
 11.10  information the commissioner requires. 
 11.11     (g) An amount sufficient to pay refunds under this 
 11.12  subdivision is appropriated to the commissioner from the general 
 11.13  fund. 
 11.14     (h) This credit applies to taxable years beginning after 
 11.15  December 31, 1996, and before January 1, 1998. 
 11.16     (i) Payment of the credit under this section is subject to 
 11.17  Minnesota Statutes, chapter 270A, and any other provision 
 11.18  applicable to refunds under Minnesota Statutes, chapter 290. 
 11.19     Sec. 12.  [CORRECTION 111B.] Minnesota Statutes 1997 
 11.20  Supplement, section 115.55, subdivision 6, is amended to read: 
 11.22  TO BUYER.] (a) Before signing an agreement to sell or transfer 
 11.23  real property, the seller or transferor must disclose in writing 
 11.24  to the buyer or transferee information on how sewage generated 
 11.25  at the property is managed.  The disclosure must be made by 
 11.26  delivering a statement to the buyer or transferee that either: 
 11.27     (1) the sewage goes to a facility permitted by the agency; 
 11.28  or 
 11.29     (2) the sewage does not go to a permitted facility, is 
 11.30  therefore subject to applicable requirements, and describes the 
 11.31  system in use, including the legal description of the property, 
 11.32  the county in which the property is located, and a map drawn 
 11.33  from available information showing the location of the system on 
 11.34  the property to the extent practicable.  If the seller or 
 11.35  transferor has knowledge that an abandoned individual sewage 
 11.36  treatment system exists on the property, the disclosure must 
 12.1   include a map showing its location.  In the disclosure statement 
 12.2   the seller or transferor must indicate whether the individual 
 12.3   sewage treatment system is in use and, to the seller's or 
 12.4   transferor's knowledge, in compliance with applicable sewage 
 12.5   treatment laws and rules.  
 12.6      (b) Unless the buyer or transferee and seller or transferor 
 12.7   agree to the contrary in writing before the closing of the sale, 
 12.8   a seller or transferor who fails to disclose the existence or 
 12.9   known status of an individual sewage treatment system at the 
 12.10  time of sale, and who knew or had reason to know of the 
 12.11  existence or known status of the system. 
 12.12     (b) A seller or transferor who fails to meet the 
 12.13  requirements of this section, is liable to the buyer or 
 12.14  transferee for costs relating to bringing the system into 
 12.15  compliance with the individual sewage treatment system rules and 
 12.16  for reasonable attorney fees for collection of costs from the 
 12.17  seller or transferor.  An action under this subdivision must be 
 12.18  commenced within two years after the date on which the buyer or 
 12.19  transferee closed the purchase or transfer of the real property 
 12.20  where the system is located. 
 12.21     Sec. 13.  [CORRECTION 113.] Minnesota Statutes 1997 
 12.22  Supplement, section 524.3-1201, is amended to read: 
 12.24     (a) Thirty days after the death of a decedent, (i) any 
 12.25  person indebted to the decedent, (ii) any person having 
 12.26  possession of tangible personal property or an instrument 
 12.27  evidencing a debt, obligation, stock or chose in action 
 12.28  belonging to the decedent, or (iii) any safe deposit company, as 
 12.29  defined in section 55.01, controlling the right of access to 
 12.30  decedent's safe deposit box shall make payment of the 
 12.31  indebtedness or deliver the tangible personal property or an 
 12.32  instrument evidencing a debt, obligation, stock or chose in 
 12.33  action or deliver the entire contents of the safe deposit box to 
 12.34  a person claiming to be the successor of the decedent, or a 
 12.35  state or county agency with a claim authorized by section 
 12.36  256B.15, upon being presented a certified death certificate of 
 13.1   the decedent and an affidavit, in duplicate, made by or on 
 13.2   behalf of the successor stating that: 
 13.3      (1) the value of the entire probate estate, wherever 
 13.4   located, including specifically any contents of a safe deposit 
 13.5   box, less liens and encumbrances, does not exceed $20,000; 
 13.6      (2) 30 days have elapsed since the death of the decedent 
 13.7   or, in the event the property to be delivered is the contents of 
 13.8   a safe deposit box, 30 days have elapsed since the filing of an 
 13.9   inventory of the contents of the box pursuant to section 55.10, 
 13.10  paragraph (h); 
 13.11     (3) no application or petition for the appointment of a 
 13.12  personal representative is pending or has been granted in any 
 13.13  jurisdiction; 
 13.14     (4) if presented, by a state or county agency with a claim 
 13.15  authorized by section 256B.15, to a financial institution with a 
 13.16  multiple-party account in which the decedent had an interest at 
 13.17  the time of death, the amount of the affiant's claim and a good 
 13.18  faith estimate of the extent to which the decedent was the 
 13.19  source of funds or beneficial owner of the account; and 
 13.20     (5) the claiming successor is entitled to payment or 
 13.21  delivery of the property. 
 13.22     (b) A transfer agent of any security shall change the 
 13.23  registered ownership on the books of a corporation from the 
 13.24  decedent to the successor or successors upon the presentation of 
 13.25  an affidavit as provided in subsection (a). 
 13.26     (c) The claiming successor or state or county agency shall 
 13.27  disburse the proceeds collected under this section to any person 
 13.28  with a superior claim under section 524.2-403 or 524.3-805. 
 13.29     (d) A motor vehicle registrar shall issue a new certificate 
 13.30  of title in the name of the successor upon the presentation of 
 13.31  an affidavit as provided in subsection (a). 
 13.32     (e) The person controlling access to decedent's safe 
 13.33  deposit box need not open the box or deliver the contents of the 
 13.34  box if: 
 13.35     (1) the person has received notice of a written or oral 
 13.36  objection from any person or has reason to believe that there 
 14.1   would be an objection; or 
 14.2      (2) the lessee's key or combination is not available. 
 14.3      Sec. 14.  [CORRECTION 116.] Laws 1997, First Special 
 14.4   Session chapter 4, article 1, section 64, is amended to read: 
 14.5      Sec. 64.  [EFFECTIVE DATE.] 
 14.6      (a) Sections 2, 11, 29, 30, 32, and 43, 47, and 48 are 
 14.7   effective for revenue for fiscal year 1997.  
 14.8      (b) Sections 42 and 45 are effective for fiscal year 1999. 
 14.9      (c) If this act is enacted on or after July 1, 1997, all 
 14.10  sections in this article except for those sections listed in 
 14.11  paragraphs (a) and (b) are effective the day following final 
 14.12  enactment. 
 14.13     Sec. 15.  [CORRECTION 119.] Laws 1997, chapter 203, article 
 14.14  3, section 19, is amended to read: 
 14.15     Sec. 19.  [ICF/MR REIMBURSEMENT OCTOBER 1, 1997, TO OCTOBER 
 14.16  1, 1999.] 
 14.17     (a) Notwithstanding any contrary provision in Minnesota 
 14.18  Statutes, section 256B.501, for the rate years beginning October 
 14.19  1, 1997, and October 1, 1998, the commissioner of human services 
 14.20  shall, for purposes of the spend-up limit, array facilities 
 14.21  within each grouping established under Minnesota Statutes, 
 14.22  section 256B.501, subdivision 5b, paragraph (d), clause (4), by 
 14.23  each facility's cost per resident day.  A facility's cost per 
 14.24  resident day shall be determined by dividing its allowable 
 14.25  historical general operating cost for the reporting year by the 
 14.26  facility's resident days for the reporting 
 14.27  year.  Notwithstanding Laws 1996, chapter 451, article 3, 
 14.28  section 12, paragraph (c), for purposes of computing the 
 14.29  spend-up limits for the rate year beginning October 1, 1997, the 
 14.30  facility's prior cost report year's allowable general operating 
 14.31  cost base shall be either the facility's allowed general 
 14.32  operating costs used to set the payment rate paid for the rate 
 14.33  year beginning October 1, 1996, or the general operating cost 
 14.34  base determined using Laws 1996, chapter 451, article 3, section 
 14.35  12, paragraph (c), for October 1, 1996, whichever results in the 
 14.36  highest payment rate effective October 1, 1997.  Facilities with 
 15.1   a cost per resident day at or above the median shall be limited 
 15.2   to the lesser of: 
 15.3      (1) the current reporting year's cost per resident day; or 
 15.4      (2) the prior report year's cost per resident day plus the 
 15.5   inflation factor established under Minnesota Statutes, section 
 15.6   256B.501, subdivision 3c, clause (2), increased by three 
 15.7   percentage points. 
 15.8   In no case shall the amount of this reduction exceed:  three 
 15.9   percent for a facility with a licensed capacity greater than 16 
 15.10  beds; two percent for a facility with a licensed capacity of 
 15.11  nine to 16 beds; and one percent for a facility with a licensed 
 15.12  capacity of eight or fewer beds. 
 15.13     (b) The commissioner shall not apply the limits established 
 15.14  under Minnesota Statutes, section 256B.501, subdivision 5b, 
 15.15  paragraph (d), clause (8), for the rate years beginning October 
 15.16  1, 1997, and October 1, 1998. 
 15.17     Sec. 16.  [CORRECTION 121.] Laws 1997, chapter 203, article 
 15.18  3, section 18, is amended to read: 
 15.19     Sec. 18.  [RATE CLARIFICATION.] 
 15.20     For the rate years beginning October 1, 1997, and October 
 15.21  1, 1998 of 1997, 1998, 1999, and 2000, the commissioner of human 
 15.22  services shall exempt intermediate care facilities for persons 
 15.23  with mental retardation (ICF/MR) from reductions to the payment 
 15.24  rates under Minnesota Statutes, section 256B.501, subdivision 
 15.25  5b, paragraph (d), clause (6), if the facility: 
 15.26     (1) has had a settle-up payment rate established in the 
 15.27  reporting year preceding the rate year for the one-time rate 
 15.28  adjustment; 
 15.29     (2) is a newly established facility; 
 15.30     (3) is an A to B conversion that has been converted under 
 15.31  Minnesota Statutes, section 252.292, since rate year 1990; 
 15.32     (4) has a payment rate subject to a community conversion 
 15.33  project under Minnesota Statutes, section 252.292; 
 15.34     (5) has a payment rate established under Minnesota 
 15.35  Statutes, section 245A.12 or 245A.13; or 
 15.36     (6) is a facility created by the relocation of more than 25 
 16.1   percent of the capacity of a related facility during the 
 16.2   reporting year. 
 16.3      Sec. 17.  [CORRECTION 122.] Laws 1997, chapter 200, article 
 16.4   1, section 1, is amended to read: 
 16.6      The sums shown in the columns marked "APPROPRIATIONS" are 
 16.7   appropriated from the general fund, or another named fund, to 
 16.8   the agencies and for the purposes specified in this act, to be 
 16.9   available for the fiscal years indicated for each purpose.  The 
 16.10  figures "1998" and "1999," where used in this act, mean that the 
 16.11  appropriation or appropriations listed under them are available 
 16.12  for the year ending June 30, 1998, or June 30, 1999, 
 16.13  respectively.  The term "first year" means the fiscal year 
 16.14  ending June 30, 1998, and "second year" means the fiscal year 
 16.15  ending June 30, 1999. 
 16.16                          SUMMARY BY FUND
 16.17                            1998          1999           TOTAL
 16.18  General              $195,977,000   $163,741,000   $359,718,000
 16.19                       $195,962,000   $163,756,000 
 16.20  Petroleum Tank
 16.21  Cleanup                   957,000        969,000      1,926,000
 16.22  Trunk Highway             706,000        723,000      1,429,000 
 16.23  Workers' 
 16.24  Compensation           23,095,000     23,130,000     46,225,000
 16.25  Special Revenue         1,120,000      1,125,000      2,245,000
 16.26  Taconite Environmental
 16.27  Protection              1,410,000        -0-          1,410,000
 16.28  TOTAL                $223,265,000   $189,688,000   $412,953,000
 16.29                       $223,250,000   $189,703,000 
 16.30                                             APPROPRIATIONS 
 16.31                                         Available for the Year 
 16.32                                             Ending June 30 
 16.33                                            1998         1999
 16.34     Sec. 18.  [CORRECTION 122A.] Laws 1997, chapter 200, 
 16.35  article 1, section 5, subdivision 1, is amended to read: 
 16.36  Subdivision 1.  Total 
 16.37  Appropriation                         42,067,000     34,110,000
 16.38                                        42,052,000     34,125,000
 16.39                Summary by Fund
 16.40  General              41,292,000    33,335,000
 16.41                       41,277,000    33,350,000
 17.1   Special Revenue         775,000       775,000
 17.2      Sec. 19.  [CORRECTION 122B.] Laws 1997, chapter 200, 
 17.3   article 1, section 5, subdivision 4, as amended by Laws 1997, 
 17.4   First Special Session chapter 5, section 22, is amended to read: 
 17.5   Subd. 4.  Workforce Preparation 
 17.6      16,922,000      9,079,000
 17.7      16,907,000      9,094,000
 17.8                Summary by Fund
 17.9   General             16,147,000     8,304,000
 17.10                      16,132,000     8,319,000
 17.11  Special Revenue         775,000       775,000
 17.12  $775,000 the first year and $775,000 
 17.13  the second year is for job training 
 17.14  programs under Minnesota Statutes, 
 17.15  sections 268.60 to 268.64.  
 17.16  Notwithstanding Minnesota Statutes, 
 17.17  section 268.022, this appropriation is 
 17.18  from the workforce investment fund.  Of 
 17.19  this amount, $250,000 each year is for 
 17.20  grants to the Ramsey county 
 17.21  opportunities industrialization 
 17.22  center.  The grants are to be used to 
 17.23  (1) offer prevocational training 
 17.24  programs and specific vocational 
 17.25  training programs involving intensive 
 17.26  English as a second language in 
 17.27  instruction, and (2) train for and 
 17.28  locate entry level jobs including, 
 17.29  without limitation, clerical, building 
 17.30  maintenance, manufacturing, home 
 17.31  maintenance and repair, and certified 
 17.32  nursing assistance.  
 17.33  $1,815,000 the first year and 
 17.34  $1,817,000 the second year is for 
 17.35  displaced homemaker programs under 
 17.36  Minnesota Statutes, section 268.96.  
 17.37  $1,050,000 the first year and 
 17.38  $1,050,000 the second year is for youth 
 17.39  intervention programs under Minnesota 
 17.40  Statutes, section 268.30.  Funding from 
 17.41  this appropriation may be used to 
 17.42  expand existing programs to serve unmet 
 17.43  needs and to create new programs in 
 17.44  underserved areas.  This appropriation 
 17.45  is available until spent. 
 17.46  $1,500,000 the first year and 
 17.47  $1,500,000 the second year is to 
 17.48  supplement the activities of the Job 
 17.49  Training Partnership Act Title II-A 
 17.50  program as described in United States 
 17.51  Code, title 29, sections 1501 to 1792.  
 17.52  The commissioner may use up to five 
 17.53  percent of this amount of state 
 17.54  operations.  The balance of the amount 
 17.55  is for services to temporary assistance 
 17.56  for needy families (TANF) recipients.  
 17.57  This is a one-time appropriation and 
 17.58  may not be included in the budget base 
 17.59  for the biennium ending June 30, 2001. 
 18.1   $75,000 the first year is for the PLATO 
 18.2   education partnership pilot program.  
 18.3   If the commissioner favorably evaluates 
 18.4   the demonstration implementation of 
 18.5   PLATO in Fairmont and Owatonna, the 
 18.6   commissioner shall select two other 
 18.7   communities in which PLATO will be 
 18.8   implemented.  Of this amount, not more 
 18.9   than $10 is for the demonstration 
 18.10  implementations.  This appropriation is 
 18.11  available until June 30, 1999.  This is 
 18.12  a one-time appropriation and may not be 
 18.13  included in the agency's budget base 
 18.14  for the biennium ending June 30, 2001. 
 18.15  $250,000 the first year and $250,000 
 18.16  the second year is for the learn to 
 18.17  earn summer youth employment program 
 18.18  established under Laws 1995, chapter 
 18.19  224, sections 5 and 39.  This 
 18.20  appropriation is available until spent. 
 18.21  $10,000 the first year and $10,000 the 
 18.22  second year are for one-time grants to 
 18.23  independent school district No. 2752, 
 18.24  Fairmont, for community initiatives.  
 18.25  Of the money appropriated for the 
 18.26  summer youth program for the first 
 18.27  year, $750,000 is immediately 
 18.28  available.  Any remaining balance of 
 18.29  the immediately available money is 
 18.30  available for the year in which it is 
 18.31  appropriated.  In addition to the base 
 18.32  appropriation, $6,000,000 the first 
 18.33  year is for the summer youth program. 
 18.34  If the appropriation in either year is 
 18.35  insufficient, the appropriation for the 
 18.36  other year is available. 
 18.37  $700,000 the first year and $700,000 
 18.38  the second year is for the Youthbuild 
 18.39  program under Minnesota Statutes, 
 18.40  sections 268.361 to 268.366.  A 
 18.41  Minnesota YOUTHBUILD program funded 
 18.42  under this section as authorized in 
 18.43  Minnesota Statutes, sections 268.361 to 
 18.44  268.367, qualifies as an approved 
 18.45  training program under Minnesota Rules, 
 18.46  part 5200.0930, subpart 1. 
 18.47  $250,000 the first year is for a 
 18.48  one-time grant to the displaced 
 18.49  homemaker program in the department of 
 18.50  economic security and $125,000 the 
 18.51  first year and $125,000 the second year 
 18.52  are for one-time grants to the St. Paul 
 18.53  district 5 planning council.  These 
 18.54  grants are to operate a community work 
 18.55  empowerment support group demonstration 
 18.56  project.  A project consists of 
 18.57  empowerment groups of individuals that 
 18.58  are in the process of obtaining or have 
 18.59  obtained jobs, including those in the 
 18.60  welfare-to-work programs, or are 
 18.61  working out problems of attaining 
 18.62  self-sufficiency.  The groups must 
 18.63  separately meet at least monthly for at 
 18.64  least two hours.  Each group meeting 
 18.65  must include empower mentors whose 
 18.66  responsibility will be to conduct the 
 19.1   meeting.  Group members must be paid at 
 19.2   least $20 for each meeting attended.  
 19.3   The sites will report to the 
 19.4   commissioner on a semiannual basis 
 19.5   regarding the progress achieved at the 
 19.6   meetings.  The purpose of the group is 
 19.7   to: 
 19.8   (1) share information among group 
 19.9   members as to the successes and 
 19.10  problems encountered in the 
 19.11  individual's employment goals; 
 19.12  (2) provide a forum for individuals 
 19.13  involved in moving to self-sufficiency 
 19.14  to share their experiences and 
 19.15  strategies and to support and empower 
 19.16  each other; and 
 19.17  (3) to provide feedback to the 
 19.18  commissioner concerning the best 
 19.19  strategies to achieve the empowerment 
 19.20  support group's objectives. 
 19.21  Notwithstanding Minnesota Statutes, 
 19.22  section 268.022, subdivision 2, the 
 19.23  commissioner of finance shall transfer 
 19.24  to the general fund from the dedicated 
 19.25  fund $3,500,000 in the first year and 
 19.26  $3,500,000 in the second year of the 
 19.27  money collected through the special 
 19.28  assessment established in Minnesota 
 19.29  Statutes, section 268.022, subdivision 
 19.30  1. 
 19.31  $15,000 the first year and $15,000 the 
 19.32  second year is for a grant to the city 
 19.33  of Champlin for creating and expanding 
 19.34  curfew enforcement.  The program must 
 19.35  have clearly established neighborhood, 
 19.36  community, and family measures of 
 19.37  success and must report to the 
 19.38  commissioner of economic security on 
 19.39  the achievement of these outcomes on or 
 19.40  before June 30, 1998. 
 19.41  $250,000 the first year is for a 
 19.42  one-time grant to Ramsey county to 
 19.43  expand the sister-to-sister mentoring, 
 19.44  support, and training network program 
 19.45  countywide.  This appropriation is in 
 19.46  addition to money appropriated under 
 19.47  Minnesota Statutes, sections 256J.62 
 19.48  and 256J.76. 
 19.49  $500,000 is for a grant to the center 
 19.50  for victims of torture to design and 
 19.51  develop training to educate health care 
 19.52  and human service workers on levels of 
 19.53  sensitive care and how to make 
 19.54  referrals and to establish a network of 
 19.55  care providers to do pro bono care for 
 19.56  torture survivors so as to enable a 
 19.57  rapid integration into communities and 
 19.58  labor markets by torture victims.  This 
 19.59  is a one-time appropriation requiring a 
 19.60  one-to-one nonstate, in-kind match, and 
 19.61  is available until expended.