HF 1677

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 03:18pm

A bill for an act
relating to human services; providing for human services policy modifications;
authorizing the use of unmarked vehicles by tobacco inspector staff; modifying
requirements for background study expenses; modifying cost of care requirements
for persons committed by tribal courts; requiring compliance with the Minnesota
Indian Family Preservation Act; continuing a council; authorizing rulemaking;
amending Minnesota Statutes 2014, sections 168.012, subdivision 1; 245C.10,
by adding a subdivision; 253B.212, subdivision 2, by adding a subdivision;
260C.168; proposing coding for new law in Minnesota Statutes, chapter 256.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 168.012, subdivision 1, is amended to read:

Subdivision 1.

Vehicles exempt from tax, fees, or plate display.

(a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;

(2) vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;

(3) vehicles used solely in driver education programs at nonpublic high schools;

(4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;

(5) vehicles owned by nonprofit charities and used exclusively for disaster response
and related activities;

(6) vehicles owned by ambulance services licensed under section 144E.10 that
are equipped and specifically intended for emergency response or providing ambulance
services; and

(7) vehicles owned by a commercial driving school licensed under section 171.34,
or an employee of a commercial driving school licensed under section 171.34, and the
vehicle is used exclusively for driver education and training.

(b) Provided the general appearance of the vehicle is unmistakable, the following
vehicles are not required to register or display number plates:

(1) vehicles owned by the federal government;

(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by
the state or a political subdivision;

(3) police patrols owned or leased by the state or a political subdivision; and

(4) ambulances owned or leased by the state or a political subdivision.

(c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Corrections or by conservation officers of the Division of Enforcement
and Field Service of the Department of Natural Resources, must be registered and must
display appropriate license number plates, furnished by the registrar at cost. Original and
renewal applications for these license plates authorized for use in general police work and
for use by the Department of Corrections or by conservation officers must be accompanied
by a certification signed by the appropriate chief of police if issued to a police vehicle,
the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
issued to a Department of Corrections vehicle, or the appropriate officer in charge if
issued to a vehicle of any other law enforcement agency. The certification must be on a
form prescribed by the commissioner and state that the vehicle will be used exclusively
for a purpose authorized by this section.

(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by
the commissioner and state that the vehicles will be used exclusively for the purposes
authorized by this section.

(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the commissioner of health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Division of Disease Prevention and Control.

(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.

(g) Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by the Department of Human Services' Office of Special Investigations' staff;
the Minnesota sex offender program's executive director and the executive director's
staff; and the Office of Inspector General's staff, including, but not limited to, county
fraud prevention investigators, must be registered and must display passenger vehicle
classification license number plates, furnished by the registrar at cost. Original and
renewal applications for passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of human services. The certification must be on a
form prescribed by the commissioner and state that the vehicles must be used exclusively
for the official duties of the Office of Special Investigations' staff; the Minnesota sex
offender program's executive director and the executive director's staff; and the Office
of the Inspector General's staff, including, but not limited to, contract and county fraud
prevention investigators.

(h) Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required identification on
the sides of the vehicle. The vehicle must be registered and must display passenger
vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the hospital administrator. The certification
must be on a form prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the state hospital or institution.

(i) Each county social service agency may have vehicles used for child and
vulnerable adult protective services without the required identification on the sides of the
vehicle. The vehicles must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used exclusively for the
official duties of the social service agency.

new text begin (j) Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by tobacco inspector staff of the Department of Human Services' Alcohol and
Drug Abuse Division for the purposes of tobacco inspections, investigations, and reviews
must be registered and must display passenger vehicle classification license number
plates, furnished at cost by the registrar. Original and renewal applications for passenger
vehicle license plates must be accompanied by a certification signed by the commissioner
of human services. The certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively by tobacco inspector staff for the
duties specified in this paragraph.
new text end

deleted text begin (j) deleted text end new text begin (k) new text end All other motor vehicles must be registered and display tax-exempt number
plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
vehicles required to display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school operating a driver education
program, licensed commercial driving school, or other qualifying organization or entity,
plainly displayed on both sides of the vehicle. This identification must be in a color
giving contrast with that of the part of the vehicle on which it is placed and must endure
throughout the term of the registration. The identification must not be on a removable
plate or placard and must be kept clean and visible at all times; except that a removable
plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
to a nonpublic high school driver education program.

Sec. 2.

Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Expenses. new text end

new text begin Section 181.645 does not apply to background studies
completed under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2014, section 253B.212, is amended by adding a
subdivision to read:

new text begin Subd. 1b. new text end

new text begin Cost of care; commitment by tribal court order; any federally
recognized Indian tribe within the state of Minnesota. new text end

new text begin The commissioner of human
services may contract with and receive payment from the Indian Health Service of the
United States Department of Health and Human Services for the care and treatment of
those members of any federally recognized Indian tribe within the state, who have been
committed by tribal court order to the Indian Health Service for care and treatment of
mental illness, developmental disability, or chemical dependency. The tribe may also
contract directly with the commissioner for treatment of those members of any federally
recognized Indian tribe within the state who have been committed by tribal court order
to the respective tribal Department of Health for care and treatment of mental illness,
developmental disability, or chemical dependency. The contract shall provide that the
Indian Health Service and any federally recognized Indian tribe within the state shall not
transfer any person for admission to a regional center unless the commitment procedure
utilized by the tribal court provided due process protections similar to those afforded
by sections 253B.05 to 253B.10.
new text end

Sec. 4.

Minnesota Statutes 2014, section 253B.212, subdivision 2, is amended to read:

Subd. 2.

Effect given to tribal commitment order.

When, under an agreement
entered into pursuant to subdivisions 1 deleted text begin or deleted text end new text begin , new text end 1a, new text begin or 1b, new text end the Indian Health Service new text begin or the
placing tribe new text end applies to a regional center for admission of a person committed to the
jurisdiction of the health service by the tribal court as a person who is mentally ill,
developmentally disabled, or chemically dependent, the commissioner may treat the
patient with the consent of the Indian Health Service new text begin or the placing tribe new text end .

A person admitted to a regional center pursuant to this section has all the rights
accorded by section 253B.03. In addition, treatment reports, prepared in accordance with
the requirements of section 253B.12, subdivision 1, shall be filed with the Indian Health
Service new text begin or the placing tribe new text end within 60 days of commencement of the patient's stay at the
facility. A subsequent treatment report shall be filed with the Indian Health Service new text begin or
the placing tribe new text end within six months of the patient's admission to the facility or prior to
discharge, whichever comes first. Provisional discharge or transfer of the patient may be
authorized by the head of the treatment facility only with the consent of the Indian Health
Service new text begin or the placing tribe new text end . Discharge from the facility to the Indian Health Service new text begin or the
placing tribe new text end may be authorized by the head of the treatment facility after notice to and
consultation with the Indian Health Service new text begin or the placing tribe new text end .

Sec. 5.

new text begin [256.041] CULTURAL AND ETHNIC COMMUNITIES LEADERSHIP
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin There is hereby established the Cultural
and Ethnic Communities Leadership Council for the Department of Human Services. The
purpose of the council is to advise the commissioner of human services on reducing
disparities that affect racial and ethnic groups.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) The council must consist of:
new text end

new text begin (1) the chairs and ranking minority members of the committees in the house of
representatives and the senate with jurisdiction over human services; and
new text end

new text begin (2) no fewer than 15 and no more than 25 members appointed by the commissioner
of human services, in consultation with county, tribal, cultural, and ethnic communities;
diverse program participants; and parent representatives from these communities.
new text end

new text begin (b) In making appointments under this section, the commissioner shall give priority
consideration to public members of the legislative councils of color established under
chapter 3.
new text end

new text begin (c) Members must be appointed to allow for representation of the following groups:
new text end

new text begin (1) racial and ethnic minority groups;
new text end

new text begin (2) the American Indian community, which must be represented by two members;
new text end

new text begin (3) culturally and linguistically specific advocacy groups and service providers;
new text end

new text begin (4) human services program participants;
new text end

new text begin (5) public and private institutions;
new text end

new text begin (6) parents of human services program participants;
new text end

new text begin (7) members of the faith community;
new text end

new text begin (8) Department of Human Services employees; and
new text end

new text begin (9) any other group the commissioner deems appropriate to facilitate the goals
and duties of the council.
new text end

new text begin Subd. 3. new text end

new text begin Guidelines. new text end

new text begin The commissioner shall direct the development of guidelines
defining the membership of the council; setting out definitions; and developing duties of
the commissioner, the council, and council members regarding racial and ethnic disparities
reduction. The guidelines must be developed in consultation with:
new text end

new text begin (1) the chairs of relevant committees; and
new text end

new text begin (2) county, tribal, and cultural communities and program participants from these
communities.
new text end

new text begin Subd. 4. new text end

new text begin Chair. new text end

new text begin The commissioner shall appoint a chair.
new text end

new text begin Subd. 5. new text end

new text begin Terms for first appointees. new text end

new text begin The initial members appointed shall serve
until January 15, 2016.
new text end

new text begin Subd. 6. new text end

new text begin Terms. new text end

new text begin A term shall be for two years and appointees may be reappointed
to serve two additional terms. The commissioner shall make appointments to replace
members vacating their positions by January 15 of each year.
new text end

new text begin Subd. 7. new text end

new text begin Duties of commissioner. new text end

new text begin (a) The commissioner of human services or the
commissioner's designee shall:
new text end

new text begin (1) maintain the council established in this section;
new text end

new text begin (2) supervise and coordinate policies for persons from racial, ethnic, cultural,
linguistic, and tribal communities who experience disparities in access and outcomes;
new text end

new text begin (3) approve compensation to public members of the council as recommended by the
council chair;
new text end

new text begin (4) identify human services rules or statutes affecting persons from racial, ethnic,
cultural, linguistic, and tribal communities that may need to be revised;
new text end

new text begin (5) investigate and implement cost-effective models of service delivery such as
careful adaptation of clinically proven services that constitute one strategy for increasing the
number of culturally relevant services available to currently underserved populations; and
new text end

new text begin (6) based on recommendations of the council, review identified department
policies that maintain racial, ethnic, cultural, linguistic, and tribal disparities, and make
adjustments to ensure those disparities are not perpetuated.
new text end

new text begin (b) The commissioner of human services or the commissioner's designee shall
consult with the council and receive recommendations from the council when meeting the
requirements in this subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Duties of council. new text end

new text begin The council shall:
new text end

new text begin (1) recommend to the commissioner for review identified policies in the Department
of Human Services that maintain racial, ethnic, cultural, linguistic, and tribal disparities;
new text end

new text begin (2) identify issues regarding disparities by engaging diverse populations in human
services programs;
new text end

new text begin (3) engage in mutual learning essential for achieving human services parity and
optimal wellness for service recipients;
new text end

new text begin (4) raise awareness about human services disparities to the legislature and media;
new text end

new text begin (5) provide technical assistance and consultation support to counties, private
nonprofit agencies, and other service providers to build their capacity to provide equitable
human services for persons from racial, ethnic, cultural, linguistic, and tribal communities
who experience disparities in access and outcomes;
new text end

new text begin (6) provide technical assistance to promote statewide development of culturally
and linguistically appropriate, accessible, and cost-effective human services and related
policies;
new text end

new text begin (7) provide training and outreach to facilitate access to culturally and linguistically
appropriate, accessible, and cost-effective human services to prevent disparities;
new text end

new text begin (8) facilitate culturally appropriate and culturally sensitive admissions, continued
services, discharges, and utilization review for human services agencies and institutions;
new text end

new text begin (9) form work groups to help carry out the duties of the council that include, but are
not limited to, persons who provide and receive services and representatives of advocacy
groups, and provide the work groups with clear guidelines, standardized parameters, and
tasks for the work groups to accomplish;
new text end

new text begin (10) promote information sharing in the human services community and statewide;
and
new text end

new text begin (11) by February 15 each year, prepare and submit to the chairs and ranking minority
members of the committees in the house of representatives and the senate with jurisdiction
over human services a report that summarizes the activities of the council, identifies
the major problems and issues confronting racial and ethnic groups in accessing human
services, makes recommendations to address issues, and lists the specific objectives that
the council seeks to attain during the next biennium. The report must also include a list of
programs, groups, and grants used to reduce disparities, and statistically valid reports of
outcomes on the reduction of the disparities.
new text end

new text begin Subd. 9. new text end

new text begin Duties of council members. new text end

new text begin The members of the council shall:
new text end

new text begin (1) attend and participate in scheduled meetings and be prepared by reviewing
meeting notes;
new text end

new text begin (2) maintain open communication channels with respective constituencies;
new text end

new text begin (3) identify and communicate issues and risks that could impact the timely
completion of tasks;
new text end

new text begin (4) collaborate on disparity reduction efforts;
new text end

new text begin (5) communicate updates of the council's work progress and status on the
Department of Human Services Web site; and
new text end

new text begin (6) participate in any activities the council or chair deems appropriate and necessary
to facilitate the goals and duties of the council.
new text end

new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin The council expires on June 30, 2020.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 15, 2015.
new text end

Sec. 6.

Minnesota Statutes 2014, section 260C.168, is amended to read:

260C.168 COMPLIANCE WITH INDIAN CHILD WELFARE ACT new text begin AND
MINNESOTA INDIAN FAMILY PRESERVATION ACT new text end .

The provisions of this chapter must be construed consistently with the Indian
Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963 new text begin , and the
Minnesota Indian Family Preservation Act, sections 260.751 to 260.835 new text end .

Sec. 7. new text begin OBSOLETE RULES REGARDING PRIOR AUTHORIZATIONS FOR
MEDICAL SUPPLIES AND EQUIPMENT.
new text end

new text begin (a) The commissioner of human services shall amend Minnesota Rules, part
9505.0310, subpart 3, to remove the following medical supplies and equipment from the
list for which prior authorization is required as a condition of medical assistance payment:
a nondurable medical supply that costs more than the performance agreement limit;
and durable medical equipment, prostheses, and orthoses if the cost of their purchase,
projected cumulative rental for the period of the recipient's expected use, or repairs
exceeds the performance agreement limit.
new text end

new text begin (b) The commissioner of human services shall amend Minnesota Rules, part
9505.0365, subpart 3, to remove the requirement that prior authorization for an ambulatory
aid is required for an aid that costs in excess of the limits specified in the provider's
performance agreement.
new text end

new text begin (c) The commissioner may use the good cause exemption in Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section. Minnesota
Statutes, section 14.386, does not apply except as provided in Minnesota Statutes, section
14.388.
new text end