Minnesota Legislature
HF 3172
2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/04/2014 10:50am
3.29 3.30
3.31 3.32 3.33 3.34 3.35 3.36
3.37 3.38
3.39 3.40 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15
4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31
5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
7.10
7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20
7.21 7.22 7.23
7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3 8.4
8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15
12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3
13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9
18.10
18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 19.1 19.2 19.3 19.4 19.5
19.6
19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8
20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2
21.3 21.4
21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28
21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23
23.24
23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7
24.8
24.9 24.10 24.11 24.12 24.13 24.14 24.15
24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 25.1 25.2
25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27
26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 27.36 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30
29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3
30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32
30.33 31.1 31.2 31.3 31.4 31.5
31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 32.36 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14
33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23
33.24 33.25 33.26 33.27 33.28 33.29
33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6 34.7
34.8 34.9
34.10 34.11
34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22
34.23
34.24 34.25 34.26 34.27
34.28 34.29
34.30 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29
35.30 35.31 35.32 35.33 35.34 36.1
36.2 36.3
36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11
36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24
36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 38.1 38.2
38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12
38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26
40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22
43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20
44.21
44.22 44.23
44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2
45.3
45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35
46.1
46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9
46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20
46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8
47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19
48.20 48.21
48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29
48.30 48.31
48.32 48.33 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17
49.18
49.19 49.20 49.21
49.22 49.23
49.24 49.25 49.26 49.27
49.28 49.29 49.30 49.31
50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9
50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19
51.20 51.21 51.22 51.23
51.24 51.25 51.26 51.27
51.28 51.29 51.30 51.31 51.32
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12
52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21
52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3
53.4 53.5
53.6 53.7
53.8 53.9 53.10 53.11 53.12 53.13
53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29
53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21
54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34
55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12
55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 55.35 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15
56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15
57.16 57.17 57.18 57.19 57.20 57.21 57.22
57.23 57.24 57.25
57.26 57.27
57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9
58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29
60.30
60.31 60.32 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 62.1 62.2 62.3
62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21
62.22 62.23 62.24 62.25
62.26 62.27 62.28 62.29 62.30 63.1 63.2 63.3
63.4
63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14
63.15
63.16 63.17 63.18 63.19 63.20 63.21
63.22
63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32
64.1
64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14
65.15
65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13
67.14
67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 69.36 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29
71.30
71.31 71.32 71.33 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15
72.16 72.17 72.18
72.19 72.20
72.21 72.22 72.23 72.24 72.25
72.26 72.27 72.28 72.29 72.30 72.31
72.32
73.1 73.2 73.3 73.4
73.5
73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 74.36 75.1 75.2 75.3 75.4 75.5 75.6 75.7
75.8 75.9
75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32
75.33
76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19
76.20
76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10
77.11
77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27
77.28
77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 78.36 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19
79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24
80.25
80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9
81.10
81.11 81.12
81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30
81.31 81.32 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 82.35 82.36 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28
83.29
83.30 83.31 83.32 83.33 83.34
84.1 84.2
84.3 84.4 84.5 84.6 84.7
84.8 84.9
84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35 85.36 85.37 85.38 85.39 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 86.35 86.36 86.37 86.38 86.39 86.40 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10
87.11 87.12
87.13 87.14 87.15 87.16 87.17
87.18 87.19
87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32
88.1 88.2
88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15
88.16 88.17
88.18 88.19 88.20 88.21 88.22
88.23 88.24
88.25 88.26 88.27 88.28 88.29 88.30
88.31 88.32
89.1 89.2 89.3 89.4 89.5
89.6 89.7
89.8 89.9 89.10 89.11 89.12 89.13
89.14 89.15
89.16 89.17 89.18 89.19 89.20 89.21 89.22
89.23 89.24
89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 90.1 90.2
90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11
90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20
92.21
92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10
93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19
93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27
93.28 93.29
93.30 93.31 93.32 93.33 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30
94.31
94.32 94.33 94.34 94.35
95.1
95.2 95.3 95.4 95.5 95.6 95.7
95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20
95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18
96.19 96.20
96.21 96.22 96.23
96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33
96.34 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10
97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21
98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20
99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 100.35 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9
101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18
101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22
102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 102.35 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22
105.23 105.24 105.25
105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6
106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14
106.15 106.16 106.17 106.18
106.19 106.20 106.21
106.22 106.23 106.24
106.25 106.26 106.27 106.28
106.29 106.30 107.1 107.2 107.3
107.4 107.5 107.6
107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15
107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28
107.29 107.30 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 108.35 108.36 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17
109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9
110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22
110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32
111.33 111.34 111.35 112.1 112.2 112.3 112.4 112.5 112.6
112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15
112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26
112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4 113.5
113.6 113.7 113.8 113.9 113.10 113.11 113.12
113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 114.35 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11
115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31
115.32
115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13
116.14
116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30
116.31
116.32 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9
117.10
117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35
118.1
118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30
118.31
118.32 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 119.35 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27
120.28
120.29 120.30 120.31 120.32 120.33 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 121.35 121.36 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 122.35 122.36 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10
123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30
123.31 123.32 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30
124.31 124.32 124.33 124.34 124.35 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 125.35
126.1 126.2 126.3 126.4 126.5 126.6
126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10
127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 128.1 128.2 128.3 128.4 128.5 128.6
128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 129.35 129.36 130.1 130.2 130.3 130.4
130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27
130.28 130.29 130.30 130.31 130.32 130.33 130.34 131.1 131.2 131.3 131.4 131.5
131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22
131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9
132.10 132.11 132.12 132.13 132.14
132.15 132.16 132.17
132.18 132.19 132.20 132.21 132.22
132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23
133.24 133.25 133.26
133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21
134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 135.35 135.36 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 136.35 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27
137.28 137.29 137.30 137.31 137.32 137.33 137.34 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26
138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34
139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 139.35 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 140.35 140.36 141.1 141.2
141.3 141.4 141.5 141.6 141.7 141.8
141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17
141.18 141.19 141.20 141.21 141.22 141.23 141.24
141.25 141.26 141.27 141.28
141.29 141.30 141.31 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 143.1 143.2
143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15
143.16
143.17 143.18 143.19 143.20 143.21
143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29
143.30 143.31 143.32 144.1 144.2 144.3
144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13
145.14 145.15 145.16
145.17 145.18
145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30
145.31 145.32
146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22
146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 147.1 147.2
147.3
147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27
147.28
147.29 147.30 147.31 147.32 147.33 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8
148.9 148.10
148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8
149.9 149.10
149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19
149.20 149.21
149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 150.1 150.2
150.3 150.4
150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 150.35 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30
151.31 151.32 151.33 151.34 151.35 152.1 152.2 152.3
152.4 152.5
152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17
152.18 152.19
152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15
153.16 153.17 153.18
153.19 153.20 153.21 153.22 153.23 153.24
153.25 153.26
153.27 153.28 153.29 153.30 153.31
153.32 153.33
154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28
154.29 154.30
154.31 154.32 154.33 154.34 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11
155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29
155.30 155.31
155.32 155.33 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 156.35 156.36 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33
157.34 157.35
158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10
158.11 158.12
158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19
159.20
159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 160.1 160.2 160.3 160.4 160.5 160.6 160.7
160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 160.35 160.36 160.37 160.38 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18
161.19
161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 161.35 161.36 161.37 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29
162.30 162.31
162.32 162.33 162.34 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 163.35 163.36 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23
164.24
164.25 164.26
164.27 164.28 164.29 164.30 164.31 164.32 164.33 165.1 165.2 165.3 165.4
165.5 165.6 165.7 165.8 165.9 165.10 165.11
165.12 165.13 165.14
165.15 165.16
165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 166.35 166.36 167.1 167.2 167.3
167.4
167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 167.34 167.35 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10
168.11
168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 168.35 169.1 169.2 169.3 169.4 169.5
169.6 169.7
169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21
169.22 169.23
169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32
170.1 170.2
170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12
170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27
170.28 170.29 170.30 170.31 170.32 170.33 170.34 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23
171.24
171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 171.34 171.35 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12
172.13
172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24
172.25 172.26
172.27 172.28 172.29 172.30 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 173.34 173.35 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 174.35 174.36 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34 175.35 175.36 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 176.34 176.35 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 177.34 177.35 177.36 178.1 178.2 178.3 178.4 178.5 178.6
178.7
178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 178.33 178.34 178.35 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26
179.27 179.28
179.29 179.30 179.31 179.32 179.33 179.34 179.35 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 180.34 180.35
181.1 181.2
181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12
182.13 182.14
182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 183.1 183.2 183.3 183.4 183.5
183.6 183.7
183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27
183.28 183.29
183.30 183.31 183.32 183.33 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27
184.28 184.29
184.30 184.31 184.32 184.33 184.34 184.35 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29
185.30 185.31
185.32 185.33 185.34 185.35 186.1 186.2 186.3 186.4 186.5
186.6 186.7
186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20
186.21 186.22
186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 187.34 187.35 187.36 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32
188.33
188.34 188.35 189.1 189.2 189.3 189.4 189.5
189.6
189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17
189.18 189.19
189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 190.35 190.36 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9
191.10
191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20
192.21 192.22
192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 192.33 193.1 193.2
193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32
193.33
194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17
194.18 194.19
194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 194.34 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28
195.29 195.30
195.31 195.32 196.1 196.2 196.3 196.4 196.5
196.6 196.7
196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 196.33 196.34 196.35 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11
197.12
197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29
197.30 197.31 197.32 197.33 197.34 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33 199.34 199.35
200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9
200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 200.34 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17
201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 201.34 201.35 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26
202.27 202.28
202.29 202.30 202.31 202.32 202.33 202.34 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 203.35 203.36 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9
204.10 204.11
204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 205.33 205.34 205.35 205.36 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10
206.11
206.12 206.13 206.14 206.15 206.16 206.17 206.18
206.19
206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 207.34 207.35 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8
208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20
208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 208.33 209.1 209.2
209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15
209.16
209.17 209.18 209.19 209.20 209.21 209.22 209.23
209.24
209.25 209.26
209.27 209.28
209.29 209.30 210.1 210.2 210.3 210.4
210.5 210.6
210.7 210.8 210.9 210.10 210.11 210.12 210.13
210.14 210.15
210.16 210.17 210.18 210.19 210.20 210.21 210.22
210.23 210.24 210.25
210.26 210.27 210.28 210.29 210.30 210.31 210.32 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10
211.11 211.12
211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29
211.30 211.31
211.32 211.33 212.1 212.2 212.3 212.4 212.5 212.6 212.7
212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 212.33 212.34
213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19
213.20 213.21
213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 213.34 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8
214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19
214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28
214.29 214.30 214.31 214.32 214.33 214.34 214.35 215.1 215.2 215.3 215.4
215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32
216.1 216.2
216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32
216.33 216.34 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8
217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20
217.21 217.22 217.23
217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32
217.33 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10
218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20
218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31
218.32 218.33 218.34 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8
219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19
219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29
219.30 219.31 219.32 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8
220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16
220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26
220.27 220.28 220.29 220.30 220.31 220.32 220.33 220.34 220.35 221.1 221.2
221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10
221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22
221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33
222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10
222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21
222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31
222.32 222.33 222.34 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8
223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18
223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30
223.31 223.32 223.33 224.1 224.2 224.3 224.4
224.5 224.6 224.7 224.8 224.9 224.10 224.11
224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22
224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32
224.33 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11
225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22
225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32
225.33 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9
226.10 226.11
226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 226.32 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 227.31 227.32 227.33 227.34 227.35 227.36 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 228.32 228.33 228.34 228.35 228.36 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28 229.29 229.30 229.31 229.32 229.33 229.34 229.35 229.36 230.1 230.2 230.3 230.4 230.5
230.6
230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32 230.33 230.34 230.35 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14
231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 231.32 231.33 231.34 231.35 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32 232.33 232.34 232.35 232.36 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 233.33 233.34 233.35 233.36 233.37 233.38 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16
234.17 234.18
234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 234.31 234.32 234.33 234.34 234.35 235.1 235.2 235.3 235.4 235.5 235.6 235.7
235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 235.31 235.32 235.33 235.34 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 236.33 236.34 236.35 236.36 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14
237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 237.32 237.33 237.34 237.35 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9
238.10
238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31 238.32 238.33 238.34 238.35 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15
239.16 239.17 239.18
239.19 239.20
239.21 239.22 239.23 239.24 239.25 239.26
239.27 239.28 239.29 239.30 239.31 239.32 240.1 240.2 240.3 240.4 240.5
240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16
240.17 240.18 240.19 240.20 240.21 240.22
240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32 240.33 241.1 241.2 241.3 241.4 241.5 241.6
241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 241.32
241.33 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 242.32 242.33 242.34 242.35 242.36 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 243.32 243.33 243.34 243.35 243.36
244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12
244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22
244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 244.33 244.34 245.1 245.2 245.3 245.4
245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 245.33 245.34 245.35 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 246.33 246.34 246.35 246.36 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23
247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 247.33 247.34 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 248.32 248.33 248.34 248.35 249.1 249.2
249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25
249.26 249.27
249.28 249.29 249.30 249.31 249.32 249.33 249.34 250.1 250.2
250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16
250.17 250.18 250.19
250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 250.31 250.32 250.33 251.1 251.2 251.3 251.4 251.5
251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17
251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26
251.27 251.28 251.29 251.30 251.31 251.32 251.33 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 252.32 252.33 252.34 252.35 252.36 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 253.32 253.33 253.34 253.35 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21
254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 254.31 254.32 254.33 254.34 254.35 255.1 255.2
255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20
255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 255.31 255.32 255.33
256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16
256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25
256.26 256.27 256.28 256.29 256.30 256.31 256.32 256.33 256.34
257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14
257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28
257.29 257.30 257.31 257.32 257.33 258.1 258.2 258.3 258.4
258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 258.33 258.34 258.35 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33 259.34 259.35 259.36 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 260.32 260.33 260.34 260.35 260.36 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 261.32 261.33 261.34 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16
262.17 262.18 262.19 262.20 262.21
262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 262.32 262.33 262.34 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24
263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 263.33 263.34 263.35 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27
264.28 264.29 264.30 264.31 264.32 264.33 264.34 264.35 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29
265.30 265.31 265.32 265.33 265.34 265.35 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9
266.10 266.11 266.12 266.13 266.14 266.15 266.16
266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 266.33 266.34 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27 267.28 267.29 267.30 267.31 267.32 267.33 267.34 267.35 267.36 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21
268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 268.33 268.34 268.35 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16
269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 269.32 269.33 269.34 269.35 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22 270.23 270.24
270.25 270.26 270.27 270.28 270.29 270.30 270.31 270.32 270.33 270.34 270.35 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13
271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28
271.29 271.30
271.31
271.32
272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14
272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23 272.24 272.25 272.26
272.27 272.28 272.29 272.30 272.31 272.32 272.33 273.1 273.2
273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29
273.30 273.31 273.32 273.33 273.34
274.1 274.2 274.3
274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22
274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 274.32 274.33 274.34 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15
275.16 275.17 275.18 275.19 275.20 275.21
275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 276.1 276.2 276.3 276.4 276.5 276.6 276.7
276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 276.33 276.34 276.35 277.1 277.2 277.3 277.4 277.5 277.6
277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 277.31 277.32 277.33 277.34 277.35
278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17
278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 278.32 278.33 278.34 278.35 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28
279.29 279.30 279.31 279.32 279.33 280.1 280.2 280.3
280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29
280.30 280.31 280.32 280.33 280.34 281.1 281.2 281.3 281.4
281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31
281.32 281.33 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 282.33 282.34 282.35 282.36 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12
283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 283.32 283.33 283.34
284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25
284.26 284.27 284.28 284.29 284.30 284.31 284.32 284.33 284.34 284.35 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15
285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 285.33 285.34 285.35 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 286.34 286.35 286.36 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 287.32 287.33 287.34 287.35 288.1 288.2
288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32
288.33 288.34 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15
289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 289.34 289.35 290.1 290.2 290.3 290.4 290.5
290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25
290.26 290.27 290.28 290.29 290.30 290.31 290.32 290.33 290.34 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 291.34 291.35 291.36 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32 292.33 292.34 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 293.31 293.32 293.33 293.34 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16
294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 294.32 294.33 294.34 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30
295.31 295.32 295.33 295.34 295.35 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23
296.24 296.25 296.26 296.27 296.28 296.29
296.30
296.31 296.32 296.33 296.34 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22
297.23
297.24 297.25 297.26 297.27 297.28
297.29 297.30 297.31 297.32 297.33
298.1 298.2
298.3 298.4
298.5 298.6 298.7 298.8 298.9
298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22
298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31
299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 299.33 299.34 299.35 299.36 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32 300.33 300.34 300.35 300.36 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31 301.32 301.33 301.34 301.35 301.36 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25 302.26 302.27 302.28 302.29 302.30 302.31 302.32 302.33 302.34 302.35 302.36 303.1 303.2 303.3 303.4 303.5 303.6 303.7 303.8 303.9 303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27 303.28 303.29 303.30 303.31 303.32 303.33 303.34 303.35 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25
304.26 304.27 304.28 304.29 304.30 304.31 304.32 304.33 304.34 304.35 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11
305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 305.31 305.32 305.33 305.34 305.35
306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14 306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 306.29 306.30 306.31 306.32 306.33 306.34 306.35 306.36 307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13 307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23
307.24 307.25 307.26 307.27 307.28 307.29 307.30 307.31 307.32 307.33 307.34 308.1 308.2 308.3 308.4 308.5 308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 308.31 308.32 308.33 308.34 308.35 308.36 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8
309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25 309.26 309.27 309.28 309.29 309.30 309.31 309.32 309.33 309.34 310.1 310.2 310.3 310.4 310.5 310.6 310.7 310.8 310.9 310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 310.30 310.31 310.32 310.33 310.34
311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 311.32 311.33 311.34 311.35 311.36 312.1 312.2 312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29 312.30 312.31 312.32 312.33
312.34 312.35 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29 313.30 313.31 313.32 313.33 313.34 313.35 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9
314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 314.34 314.35 315.1 315.2 315.3 315.4 315.5 315.6
315.7 315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 315.32 315.33 315.34 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29 316.30 316.31 316.32 316.33 316.34 316.35 316.36 317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16
317.17 317.18 317.19 317.20 317.21 317.22 317.23 317.24 317.25 317.26 317.27 317.28 317.29 317.30 317.31 317.32 317.33 317.34 317.35 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9 318.10 318.11 318.12 318.13 318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30 318.31 318.32 318.33 318.34 318.35 318.36 319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13 319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29 319.30 319.31 319.32 319.33 319.34 319.35 320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23 320.24
320.25 320.26 320.27 320.28 320.29 320.30 320.31 320.32 320.33 320.34 321.1 321.2 321.3 321.4 321.5 321.6 321.7 321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15 321.16 321.17 321.18 321.19
321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28 321.29 321.30 321.31 321.32 321.33 321.34 321.35 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19 322.20 322.21 322.22 322.23 322.24 322.25 322.26 322.27 322.28 322.29 322.30 322.31 322.32 322.33
322.34 322.35 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15 323.16 323.17
323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 323.31 323.32 323.33 323.34 323.35 324.1 324.2 324.3 324.4 324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17 324.18 324.19
324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28 324.29 324.30 324.31 324.32 324.33 324.34 324.35 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 325.9 325.10 325.11 325.12
325.13 325.14 325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22
325.23 325.24 325.25 325.26 325.27 325.28 325.29 325.30 325.31 325.32 325.33 326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11 326.12 326.13 326.14 326.15 326.16 326.17 326.18 326.19 326.20 326.21 326.22 326.23 326.24 326.25 326.26
326.27 326.28 326.29 326.30 326.31 326.32 326.33 326.34 326.35
327.1 327.2 327.3 327.4 327.5 327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21
327.22 327.23
327.24 327.25 327.26 327.27
327.28 327.29
327.30 327.31 327.32 327.33 328.1 328.2 328.3 328.4 328.5 328.6 328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20 328.21 328.22 328.23 328.24 328.25 328.26 328.27 328.28 328.29 328.30 328.31 328.32 328.33 328.34 328.35 328.36 329.1 329.2 329.3 329.4 329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18 329.19 329.20 329.21 329.22 329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 329.32 329.33 329.34 329.35 329.36 330.1 330.2 330.3 330.4 330.5 330.6 330.7 330.8 330.9 330.10 330.11 330.12 330.13 330.14 330.15 330.16 330.17 330.18 330.19 330.20 330.21 330.22 330.23 330.24 330.25 330.26 330.27 330.28 330.29 330.30 330.31 330.32 330.33 330.34 330.35 331.1 331.2 331.3 331.4 331.5 331.6 331.7 331.8 331.9 331.10 331.11 331.12 331.13 331.14 331.15 331.16 331.17 331.18 331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27 331.28 331.29 331.30 331.31 331.32 331.33 331.34 331.35 331.36 332.1 332.2
332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15 332.16 332.17 332.18 332.19 332.20 332.21 332.22 332.23 332.24 332.25 332.26 332.27 332.28 332.29 332.30 332.31 332.32 332.33 332.34 332.35 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15 333.16 333.17 333.18 333.19 333.20 333.21 333.22 333.23 333.24 333.25 333.26 333.27 333.28 333.29 333.30 333.31 333.32 333.33 333.34 333.35 334.1 334.2 334.3 334.4 334.5 334.6 334.7 334.8 334.9 334.10 334.11 334.12 334.13 334.14 334.15 334.16 334.17 334.18 334.19 334.20 334.21 334.22 334.23 334.24 334.25 334.26 334.27 334.28 334.29 334.30 334.31 334.32 334.33 334.34 334.35 334.36 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21 335.22 335.23 335.24 335.25 335.26 335.27 335.28 335.29 335.30 335.31 335.32 335.33 335.34 335.35 335.36 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18 336.19 336.20 336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 336.29 336.30 336.31 336.32 336.33 336.34 336.35 336.36 337.1 337.2 337.3 337.4 337.5 337.6 337.7 337.8 337.9 337.10 337.11 337.12 337.13 337.14 337.15 337.16 337.17 337.18 337.19 337.20 337.21 337.22 337.23 337.24 337.25 337.26 337.27 337.28 337.29 337.30 337.31 337.32 337.33 337.34 337.35 338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9 338.10 338.11 338.12 338.13 338.14 338.15 338.16 338.17 338.18 338.19 338.20 338.21 338.22 338.23 338.24 338.25 338.26 338.27 338.28 338.29 338.30 338.31 338.32 338.33 338.34 338.35 339.1 339.2 339.3 339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14 339.15 339.16 339.17 339.18 339.19 339.20 339.21 339.22 339.23 339.24 339.25 339.26 339.27 339.28 339.29 339.30 339.31 339.32 339.33 339.34 339.35 339.36 340.1 340.2 340.3 340.4 340.5 340.6 340.7 340.8 340.9 340.10 340.11 340.12 340.13 340.14
340.15
340.16 340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 340.32 340.33 340.34 341.1 341.2 341.3 341.4 341.5 341.6 341.7 341.8 341.9 341.10 341.11 341.12 341.13 341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30
341.31 341.32 341.33 341.34 341.35 342.1 342.2 342.3 342.4 342.5 342.6 342.7 342.8 342.9 342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21 342.22 342.23 342.24 342.25 342.26 342.27 342.28 342.29 342.30 342.31 342.32 342.33 342.34 342.35 342.36 343.1 343.2 343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18 343.19 343.20 343.21 343.22 343.23 343.24 343.25 343.26 343.27 343.28 343.29 343.30 343.31 343.32 343.33 343.34 343.35 343.36 344.1 344.2 344.3 344.4 344.5 344.6 344.7 344.8 344.9 344.10 344.11 344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28
344.29 344.30 344.31 344.32 344.33 344.34 345.1 345.2 345.3 345.4 345.5 345.6 345.7 345.8 345.9 345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23 345.24 345.25 345.26 345.27 345.28 345.29 345.30 345.31 345.32 345.33 345.34 345.35 345.36 346.1 346.2 346.3 346.4 346.5 346.6 346.7 346.8 346.9 346.10 346.11 346.12 346.13 346.14
346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22 346.23 346.24 346.25 346.26 346.27 346.28 346.29 346.30 346.31 346.32 346.33 346.34 346.35 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 347.9 347.10 347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22 347.23 347.24 347.25 347.26 347.27 347.28
347.29 347.30 347.31 347.32 347.33 347.34 347.35
348.1 348.2 348.3 348.4 348.5 348.6 348.7 348.8
348.9 348.10 348.11 348.12 348.13 348.14 348.15
348.16 348.17 348.18 348.19 348.20 348.21 348.22 348.23 348.24 348.25 348.26 348.27 348.28 348.29 348.30 348.31 348.32 348.33 349.1 349.2 349.3 349.4 349.5 349.6 349.7 349.8 349.9 349.10 349.11 349.12
349.13 349.14 349.15 349.16 349.17 349.18 349.19 349.20 349.21 349.22 349.23 349.24 349.25 349.26 349.27 349.28 349.29 349.30 349.31 349.32
349.33 349.34 350.1 350.2 350.3 350.4 350.5 350.6
350.7 350.8 350.9 350.10 350.11 350.12
350.13 350.14 350.15 350.16 350.17 350.18 350.19 350.20 350.21 350.22 350.23 350.24 350.25 350.26
350.27 350.28 350.29 350.30
350.31 350.32 351.1 351.2 351.3 351.4 351.5 351.6 351.7 351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15 351.16 351.17 351.18 351.19 351.20 351.21 351.22 351.23 351.24 351.25 351.26 351.27 351.28 351.29 351.30 351.31 351.32 351.33 351.34 351.35 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10 352.11 352.12 352.13 352.14 352.15 352.16 352.17 352.18 352.19 352.20 352.21 352.22 352.23 352.24 352.25 352.26 352.27 352.28 352.29 352.30 352.31
352.32 352.33 352.34 352.35 353.1 353.2 353.3 353.4
353.5 353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14 353.15 353.16 353.17 353.18 353.19 353.20 353.21 353.22 353.23 353.24 353.25 353.26 353.27 353.28 353.29 353.30 353.31 353.32 353.33 353.34 354.1 354.2 354.3
354.4 354.5 354.6 354.7 354.8 354.9 354.10
354.11 354.12 354.13 354.14 354.15 354.16 354.17 354.18 354.19 354.20 354.21 354.22 354.23 354.24 354.25 354.26 354.27 354.28 354.29 354.30 354.31 354.32 355.1 355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10 355.11 355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22 355.23 355.24 355.25 355.26 355.27 355.28 355.29 355.30 355.31 355.32 355.33 355.34 355.35 356.1 356.2 356.3 356.4 356.5 356.6 356.7 356.8
356.9 356.10 356.11 356.12 356.13 356.14 356.15 356.16 356.17 356.18 356.19 356.20 356.21 356.22 356.23 356.24 356.25 356.26 356.27 356.28 356.29 356.30 356.31 356.32 356.33
357.1 357.2 357.3 357.4 357.5 357.6 357.7 357.8 357.9 357.10 357.11 357.12 357.13 357.14 357.15 357.16
357.17 357.18 357.19 357.20 357.21 357.22 357.23 357.24 357.25 357.26 357.27 357.28 357.29 357.30 357.31 357.32 357.33 357.34 358.1 358.2 358.3 358.4 358.5 358.6
358.7 358.8 358.9 358.10 358.11 358.12 358.13 358.14 358.15 358.16 358.17 358.18 358.19 358.20 358.21 358.22 358.23 358.24 358.25 358.26 358.27 358.28 358.29 358.30 358.31 358.32 358.33 358.34 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8 359.9 359.10 359.11 359.12 359.13 359.14 359.15 359.16 359.17 359.18 359.19 359.20 359.21 359.22 359.23 359.24 359.25 359.26 359.27 359.28 359.29 359.30
359.31 359.32 359.33 359.34 359.35 360.1 360.2 360.3 360.4 360.5 360.6 360.7 360.8 360.9 360.10 360.11 360.12 360.13 360.14 360.15
360.16 360.17 360.18 360.19 360.20 360.21 360.22 360.23 360.24 360.25 360.26 360.27 360.28 360.29 360.30 360.31 360.32
360.33 360.34 361.1 361.2 361.3 361.4 361.5 361.6 361.7 361.8 361.9 361.10 361.11 361.12 361.13 361.14 361.15 361.16 361.17 361.18 361.19 361.20 361.21 361.22 361.23 361.24 361.25 361.26 361.27 361.28 361.29 361.30 361.31 361.32 361.33 361.34 361.35
362.1 362.2 362.3 362.4 362.5 362.6 362.7 362.8 362.9 362.10 362.11 362.12 362.13 362.14 362.15 362.16 362.17 362.18 362.19 362.20 362.21 362.22 362.23 362.24 362.25 362.26 362.27 362.28 362.29 362.30 362.31 362.32 362.33 362.34 362.35 362.36 363.1 363.2 363.3 363.4 363.5 363.6 363.7 363.8 363.9 363.10 363.11 363.12 363.13 363.14 363.15
363.16 363.17 363.18 363.19 363.20 363.21 363.22 363.23 363.24 363.25 363.26 363.27 363.28 363.29 363.30 363.31 363.32 363.33 363.34 363.35 364.1 364.2 364.3 364.4 364.5 364.6 364.7 364.8 364.9 364.10 364.11 364.12 364.13 364.14 364.15 364.16 364.17
364.18 364.19 364.20 364.21 364.22 364.23 364.24 364.25 364.26 364.27 364.28 364.29 364.30 364.31 364.32 364.33 364.34 364.35 365.1 365.2 365.3 365.4 365.5 365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13
365.14 365.15 365.16 365.17 365.18 365.19 365.20 365.21 365.22 365.23 365.24 365.25 365.26 365.27 365.28 365.29 365.30 365.31 365.32 365.33 365.34 366.1 366.2 366.3 366.4 366.5 366.6 366.7 366.8 366.9 366.10 366.11 366.12 366.13 366.14 366.15 366.16
366.17 366.18 366.19 366.20 366.21 366.22 366.23 366.24 366.25 366.26 366.27 366.28 366.29 366.30 366.31 366.32 366.33 366.34 366.35 367.1 367.2 367.3 367.4 367.5 367.6 367.7 367.8 367.9 367.10 367.11 367.12 367.13 367.14 367.15 367.16 367.17 367.18 367.19 367.20 367.21 367.22
367.23 367.24 367.25 367.26 367.27 367.28 367.29 367.30 367.31 367.32 367.33 368.1 368.2 368.3 368.4 368.5 368.6 368.7 368.8 368.9 368.10 368.11 368.12 368.13 368.14 368.15 368.16 368.17 368.18 368.19 368.20 368.21 368.22 368.23 368.24 368.25 368.26 368.27 368.28 368.29 368.30 368.31 368.32 368.33
368.34 368.35 369.1 369.2 369.3 369.4 369.5 369.6 369.7 369.8 369.9 369.10 369.11 369.12 369.13 369.14 369.15 369.16 369.17 369.18 369.19 369.20 369.21 369.22 369.23 369.24 369.25 369.26 369.27 369.28 369.29 369.30 369.31 369.32 369.33 369.34 369.35 370.1 370.2 370.3 370.4 370.5 370.6 370.7 370.8 370.9 370.10 370.11 370.12 370.13 370.14 370.15 370.16 370.17 370.18 370.19 370.20 370.21 370.22 370.23 370.24 370.25 370.26 370.27 370.28 370.29 370.30 370.31 370.32 370.33 370.34 370.35
371.1 371.2 371.3 371.4 371.5 371.6 371.7 371.8 371.9 371.10 371.11 371.12 371.13 371.14 371.15 371.16 371.17 371.18 371.19 371.20 371.21 371.22 371.23 371.24 371.25 371.26 371.27 371.28 371.29
371.30 371.31 371.32 371.33 371.34 371.35 372.1 372.2 372.3 372.4 372.5 372.6 372.7 372.8 372.9 372.10 372.11 372.12 372.13 372.14 372.15 372.16 372.17 372.18 372.19 372.20 372.21
372.22 372.23 372.24 372.25 372.26 372.27 372.28 372.29 372.30 372.31 372.32 372.33 372.34 372.35 373.1 373.2 373.3 373.4 373.5 373.6 373.7 373.8 373.9 373.10 373.11 373.12 373.13 373.14 373.15 373.16 373.17 373.18 373.19 373.20 373.21 373.22 373.23 373.24 373.25 373.26 373.27
373.28 373.29 373.30 373.31 373.32 373.33 373.34 373.35 374.1 374.2 374.3 374.4 374.5 374.6 374.7 374.8 374.9 374.10 374.11 374.12 374.13 374.14 374.15 374.16 374.17 374.18
374.19 374.20 374.21 374.22 374.23 374.24 374.25 374.26 374.27 374.28 374.29 374.30 374.31 374.32 374.33 374.34 374.35 375.1 375.2 375.3 375.4 375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13 375.14 375.15 375.16 375.17 375.18 375.19 375.20 375.21 375.22 375.23 375.24 375.25 375.26 375.27 375.28 375.29 375.30 375.31 375.32 375.33 375.34 375.35 375.36 376.1 376.2 376.3 376.4 376.5 376.6 376.7 376.8 376.9 376.10
376.11 376.12 376.13 376.14 376.15 376.16 376.17 376.18 376.19 376.20 376.21 376.22 376.23 376.24 376.25 376.26 376.27 376.28 376.29 376.30 376.31 376.32 376.33 376.34 376.35 377.1 377.2 377.3 377.4 377.5 377.6 377.7 377.8 377.9 377.10 377.11 377.12 377.13 377.14 377.15 377.16 377.17 377.18 377.19
377.20 377.21 377.22 377.23 377.24 377.25 377.26 377.27 377.28 377.29 377.30 377.31 377.32 377.33 377.34 378.1 378.2 378.3 378.4 378.5 378.6 378.7 378.8 378.9 378.10 378.11 378.12
378.13 378.14 378.15 378.16 378.17 378.18 378.19 378.20 378.21 378.22 378.23 378.24 378.25 378.26 378.27 378.28 378.29 378.30 378.31 378.32 378.33
379.1 379.2 379.3 379.4 379.5 379.6 379.7 379.8 379.9 379.10 379.11 379.12 379.13 379.14 379.15 379.16 379.17 379.18 379.19 379.20 379.21 379.22 379.23 379.24 379.25 379.26 379.27 379.28 379.29 379.30 379.31 379.32
379.33 379.34 380.1 380.2 380.3 380.4 380.5 380.6 380.7 380.8 380.9 380.10 380.11 380.12 380.13 380.14 380.15 380.16 380.17 380.18 380.19 380.20 380.21 380.22 380.23 380.24 380.25 380.26 380.27 380.28 380.29 380.30
380.31 380.32 380.33 380.34 381.1 381.2 381.3 381.4 381.5 381.6 381.7 381.8 381.9 381.10 381.11 381.12 381.13 381.14 381.15 381.16 381.17 381.18 381.19 381.20 381.21 381.22 381.23 381.24 381.25 381.26 381.27 381.28 381.29 381.30 381.31 381.32 381.33 381.34 381.35 381.36 382.1 382.2 382.3 382.4 382.5 382.6 382.7 382.8 382.9 382.10 382.11 382.12 382.13 382.14 382.15 382.16 382.17 382.18 382.19 382.20 382.21
382.22 382.23 382.24 382.25 382.26 382.27 382.28 382.29
382.30 382.31 382.32 382.33 383.1 383.2
383.3 383.4 383.5 383.6 383.7
383.8 383.9 383.10 383.11 383.12 383.13 383.14 383.15 383.16 383.17 383.18 383.19 383.20 383.21 383.22 383.23 383.24 383.25
383.26 383.27 383.28 383.29 383.30 383.31 383.32 383.33 384.1 384.2 384.3 384.4 384.5 384.6 384.7 384.8
384.9 384.10 384.11 384.12 384.13 384.14 384.15 384.16 384.17 384.18 384.19 384.20 384.21 384.22 384.23 384.24 384.25 384.26 384.27 384.28 384.29 384.30 384.31 384.32 384.33 384.34 384.35 385.1 385.2 385.3 385.4 385.5 385.6 385.7 385.8 385.9 385.10 385.11 385.12 385.13 385.14 385.15 385.16 385.17 385.18 385.19 385.20 385.21 385.22 385.23 385.24 385.25 385.26 385.27 385.28 385.29 385.30 385.31 385.32 385.33 385.34 385.35 385.36 386.1 386.2 386.3 386.4 386.5 386.6 386.7 386.8 386.9 386.10 386.11 386.12 386.13 386.14 386.15 386.16 386.17 386.18 386.19
386.20 386.21 386.22 386.23 386.24 386.25 386.26 386.27 386.28 386.29 386.30 386.31 386.32 386.33 386.34 386.35 387.1 387.2 387.3 387.4 387.5 387.6 387.7 387.8 387.9 387.10 387.11 387.12 387.13 387.14 387.15 387.16 387.17 387.18 387.19 387.20 387.21 387.22 387.23 387.24 387.25 387.26 387.27 387.28 387.29 387.30 387.31 387.32 387.33 387.34 387.35 387.36 388.1 388.2 388.3 388.4 388.5 388.6 388.7 388.8 388.9 388.10 388.11 388.12 388.13 388.14 388.15 388.16 388.17 388.18 388.19 388.20 388.21 388.22 388.23 388.24 388.25 388.26
388.27 388.28 388.29 388.30 388.31 388.32 388.33 388.34 388.35 389.1 389.2 389.3 389.4 389.5 389.6 389.7 389.8 389.9 389.10 389.11 389.12 389.13 389.14 389.15 389.16 389.17 389.18 389.19 389.20
389.21
389.22 389.23 389.24 389.25 389.26 389.27 389.28 389.29 389.30 389.31 389.32 389.33 389.34 389.35 390.1 390.2 390.3 390.4
390.5 390.6 390.7 390.8 390.9 390.10 390.11 390.12 390.13 390.14 390.15 390.16 390.17 390.18 390.19 390.20 390.21 390.22 390.23 390.24 390.25 390.26 390.27 390.28 390.29 390.30 390.31 390.32 390.33 390.34 390.35 391.1 391.2 391.3 391.4 391.5 391.6
391.7 391.8 391.9 391.10 391.11 391.12 391.13 391.14 391.15 391.16 391.17 391.18 391.19 391.20 391.21 391.22 391.23 391.24 391.25 391.26 391.27 391.28 391.29 391.30 391.31 391.32 391.33 391.34 392.1 392.2 392.3 392.4 392.5 392.6 392.7 392.8 392.9 392.10 392.11 392.12 392.13 392.14 392.15 392.16 392.17 392.18 392.19 392.20 392.21 392.22 392.23 392.24 392.25 392.26 392.27 392.28
392.29 392.30 392.31 392.32 392.33 392.34 392.35 393.1 393.2 393.3 393.4 393.5 393.6 393.7 393.8 393.9 393.10 393.11 393.12 393.13
393.14 393.15 393.16 393.17 393.18 393.19 393.20 393.21 393.22 393.23 393.24 393.25 393.26 393.27 393.28 393.29 393.30 393.31 393.32 393.33 393.34 393.35 394.1 394.2 394.3 394.4 394.5 394.6 394.7 394.8 394.9 394.10 394.11 394.12 394.13 394.14 394.15 394.16 394.17 394.18 394.19 394.20 394.21 394.22 394.23 394.24 394.25 394.26 394.27 394.28 394.29 394.30 394.31 394.32 394.33 394.34 394.35 394.36 395.1 395.2 395.3 395.4 395.5 395.6 395.7 395.8 395.9 395.10 395.11 395.12 395.13 395.14 395.15 395.16 395.17 395.18 395.19 395.20 395.21 395.22 395.23 395.24 395.25 395.26 395.27 395.28 395.29 395.30 395.31 395.32 395.33 395.34 396.1 396.2 396.3 396.4 396.5 396.6 396.7 396.8 396.9 396.10 396.11 396.12 396.13 396.14 396.15 396.16 396.17 396.18 396.19 396.20 396.21 396.22 396.23 396.24 396.25 396.26 396.27 396.28 396.29 396.30 396.31 396.32 396.33 396.34 396.35 396.36 397.1 397.2 397.3 397.4 397.5 397.6 397.7 397.8 397.9 397.10 397.11 397.12 397.13 397.14 397.15 397.16 397.17 397.18 397.19 397.20 397.21 397.22 397.23 397.24 397.25 397.26 397.27
397.28 397.29 397.30 397.31 397.32 397.33 397.34 398.1 398.2 398.3 398.4 398.5 398.6 398.7 398.8 398.9 398.10 398.11 398.12 398.13 398.14 398.15 398.16 398.17 398.18 398.19 398.20 398.21 398.22 398.23 398.24 398.25 398.26 398.27 398.28 398.29 398.30 398.31 398.32 398.33 398.34 398.35 398.36 399.1 399.2 399.3 399.4 399.5 399.6 399.7 399.8 399.9 399.10 399.11 399.12 399.13 399.14 399.15 399.16 399.17 399.18 399.19 399.20 399.21
399.22 399.23
399.24 399.25 399.26
399.27 399.28 399.29 399.30 399.31 399.32 399.33 399.34 400.1 400.2 400.3 400.4 400.5 400.6 400.7 400.8 400.9 400.10 400.11 400.12 400.13 400.14 400.15 400.16 400.17 400.18 400.19 400.20 400.21 400.22 400.23 400.24 400.25 400.26 400.27 400.28 400.29 400.30 400.31 400.32 400.33 400.34 401.1 401.2 401.3 401.4 401.5 401.6 401.7 401.8 401.9 401.10 401.11 401.12 401.13 401.14 401.15 401.16 401.17 401.18 401.19 401.20 401.21 401.22 401.23 401.24 401.25 401.26 401.27 401.28 401.29 401.30 401.31 401.32 401.33 401.34 401.35 401.36 402.1 402.2 402.3 402.4 402.5 402.6 402.7 402.8 402.9 402.10 402.11 402.12 402.13 402.14 402.15 402.16 402.17 402.18 402.19 402.20 402.21 402.22 402.23 402.24 402.25 402.26 402.27 402.28 402.29 402.30 402.31 402.32 402.33 402.34 402.35 402.36 403.1 403.2 403.3 403.4 403.5 403.6 403.7
403.8 403.9 403.10 403.11 403.12 403.13
403.14 403.15 403.16 403.17 403.18 403.19 403.20 403.21 403.22 403.23 403.24 403.25 403.26 403.27 403.28 403.29 403.30 403.31 403.32 403.33 403.34 403.35 403.36 403.37 403.38 404.1 404.2 404.3
404.4 404.5
404.6 404.7
404.8 404.9 404.10 404.11 404.12 404.13 404.14 404.15 404.16 404.17 404.18 404.19 404.20
404.21 404.22 404.23 404.24 404.25 404.26 404.27 404.28 404.29 404.30 404.31 404.32 404.33 405.1 405.2 405.3 405.4 405.5 405.6 405.7 405.8 405.9 405.10 405.11 405.12 405.13 405.14 405.15 405.16 405.17 405.18 405.19 405.20 405.21 405.22 405.23 405.24 405.25 405.26 405.27 405.28 405.29 405.30 405.31 405.32 405.33 405.34 405.35 405.36 406.1 406.2 406.3 406.4 406.5
406.6 406.7 406.8 406.9 406.10 406.11 406.12 406.13 406.14 406.15 406.16 406.17 406.18 406.19 406.20 406.21 406.22 406.23 406.24 406.25 406.26 406.27 406.28 406.29 406.30 406.31 406.32 406.33 406.34 406.35 407.1 407.2 407.3 407.4 407.5 407.6 407.7 407.8 407.9 407.10 407.11 407.12
407.13 407.14 407.15 407.16 407.17 407.18 407.19 407.20 407.21 407.22 407.23 407.24 407.25 407.26 407.27 407.28 407.29 407.30 407.31 407.32 407.33 407.34 407.35 408.1 408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 408.10 408.11 408.12 408.13 408.14 408.15 408.16
408.17 408.18 408.19 408.20 408.21 408.22 408.23 408.24 408.25 408.26 408.27 408.28 408.29
408.30 408.31 408.32 408.33 408.34 409.1 409.2 409.3 409.4 409.5 409.6 409.7 409.8 409.9 409.10 409.11 409.12 409.13 409.14 409.15 409.16 409.17 409.18 409.19 409.20
409.21 409.22 409.23 409.24 409.25 409.26 409.27 409.28 409.29 409.30 409.31 409.32 409.33 409.34 410.1 410.2 410.3 410.4 410.5 410.6 410.7 410.8 410.9 410.10 410.11 410.12 410.13 410.14 410.15 410.16 410.17 410.18 410.19
410.20 410.21 410.22 410.23 410.24 410.25 410.26 410.27 410.28 410.29 410.30 410.31 410.32 410.33 410.34 410.35 411.1 411.2
411.3 411.4 411.5 411.6 411.7 411.8 411.9 411.10 411.11 411.12
411.13 411.14
411.15 411.16 411.17 411.18 411.19 411.20 411.21 411.22 411.23 411.24 411.25 411.26 411.27 411.28 411.29 411.30 411.31 411.32 411.33 411.34
412.1 412.2 412.3 412.4 412.5 412.6 412.7 412.8 412.9 412.10 412.11 412.12 412.13 412.14 412.15 412.16 412.17 412.18 412.19
412.20 412.21 412.22 412.23 412.24 412.25 412.26 412.27 412.28 412.29 412.30 412.31 412.32 412.33 412.34 413.1 413.2 413.3 413.4 413.5 413.6 413.7 413.8 413.9 413.10
413.11
413.12 413.13 413.14 413.15 413.16 413.17 413.18 413.19 413.20 413.21 413.22 413.23
413.24 413.25 413.26 413.27 413.28 413.29 413.30 413.31 413.32 413.33 413.34 414.1 414.2
414.3 414.4 414.5 414.6 414.7 414.8 414.9 414.10 414.11 414.12 414.13 414.14 414.15
414.16 414.17 414.18 414.19 414.20 414.21 414.22 414.23 414.24 414.25 414.26 414.27 414.28 414.29 414.30 414.31 414.32 414.33 414.34 415.1 415.2 415.3 415.4 415.5 415.6 415.7 415.8 415.9 415.10 415.11 415.12 415.13 415.14 415.15 415.16 415.17 415.18 415.19 415.20 415.21 415.22 415.23 415.24 415.25 415.26 415.27
415.28 415.29 415.30 415.31 415.32 415.33 415.34 415.35 416.1 416.2 416.3 416.4 416.5 416.6 416.7
416.8 416.9 416.10 416.11 416.12
416.13 416.14
416.15 416.16 416.17 416.18 416.19 416.20 416.21 416.22 416.23 416.24 416.25 416.26 416.27 416.28
416.29 416.30 416.31 416.32 416.33 416.34 417.1 417.2 417.3 417.4 417.5 417.6 417.7 417.8 417.9 417.10 417.11 417.12 417.13 417.14 417.15 417.16 417.17 417.18 417.19 417.20 417.21 417.22 417.23 417.24 417.25 417.26 417.27 417.28 417.29 417.30 417.31 418.1 418.2 418.3 418.4 418.5 418.6 418.7 418.8 418.9 418.10 418.11 418.12 418.13 418.14 418.15 418.16 418.17 418.18 418.19 418.20 418.21 418.22 418.23 418.24 418.25 418.26 418.27 418.28 418.29 418.30 418.31 418.32 418.33 419.1 419.2 419.3 419.4 419.5 419.6 419.7 419.8 419.9 419.10 419.11 419.12 419.13 419.14 419.15
419.16 419.17 419.18 419.19 419.20 419.21 419.22 419.23 419.24 419.25 419.26 419.27 419.28 419.29 419.30 419.31 419.32 419.33 419.34 420.1 420.2 420.3 420.4 420.5 420.6 420.7 420.8 420.9 420.10 420.11 420.12 420.13 420.14 420.15 420.16 420.17 420.18 420.19 420.20 420.21 420.22 420.23 420.24 420.25 420.26 420.27 420.28 420.29 420.30 420.31 420.32 420.33 420.34 421.1 421.2 421.3 421.4 421.5 421.6 421.7 421.8 421.9 421.10 421.11 421.12 421.13 421.14 421.15 421.16 421.17 421.18 421.19 421.20 421.21 421.22 421.23 421.24 421.25 421.26 421.27 421.28 421.29 421.30 421.31 421.32 421.33 421.34 421.35 422.1 422.2 422.3 422.4 422.5 422.6 422.7 422.8 422.9 422.10 422.11 422.12 422.13 422.14 422.15 422.16 422.17 422.18 422.19 422.20 422.21 422.22 422.23 422.24 422.25 422.26 422.27 422.28 422.29 422.30 422.31 422.32 422.33 422.34 422.35 423.1 423.2 423.3 423.4 423.5 423.6 423.7 423.8 423.9 423.10 423.11 423.12 423.13 423.14 423.15 423.16 423.17 423.18 423.19 423.20 423.21 423.22 423.23 423.24 423.25 423.26 423.27 423.28 423.29 423.30 423.31 423.32 423.33 423.34 423.35 424.1 424.2
424.3 424.4 424.5
424.6 424.7 424.8 424.9 424.10 424.11 424.12 424.13 424.14 424.15 424.16 424.17 424.18 424.19 424.20 424.21 424.22 424.23 424.24 424.25 424.26 424.27 424.28 424.29 424.30 424.31 424.32 424.33 424.34 424.35 425.1 425.2 425.3
425.4
425.5 425.6 425.7 425.8 425.9 425.10 425.11 425.12 425.13 425.14 425.15 425.16 425.17 425.18 425.19 425.20 425.21 425.22 425.23 425.24 425.25 425.26 425.27 425.28 425.29 425.30 425.31 425.32 426.1 426.2 426.3 426.4 426.5 426.6 426.7 426.8 426.9 426.10 426.11 426.12 426.13 426.14 426.15 426.16 426.17 426.18 426.19 426.20 426.21 426.22 426.23 426.24 426.25 426.26 426.27 426.28 426.29 426.30 426.31 426.32 426.33 426.34 427.1 427.2 427.3 427.4 427.5 427.6 427.7 427.8 427.9 427.10 427.11 427.12 427.13 427.14 427.15 427.16 427.17 427.18 427.19 427.20 427.21 427.22 427.23
427.24
427.25 427.26 427.27 427.28 427.29 427.30 428.1 428.2 428.3 428.4 428.5 428.6 428.7 428.8 428.9 428.10 428.11 428.12 428.13 428.14 428.15 428.16 428.17 428.18 428.19 428.20 428.21 428.22 428.23 428.24 428.25 428.26 428.27 428.28 428.29 428.30 428.31 428.32 428.33 428.34 429.1 429.2 429.3 429.4 429.5 429.6 429.7 429.8 429.9 429.10 429.11 429.12 429.13 429.14 429.15 429.16 429.17 429.18 429.19 429.20 429.21 429.22 429.23 429.24 429.25 429.26 429.27 429.28 429.29 429.30 429.31 429.32 429.33 429.34 430.1 430.2 430.3 430.4 430.5 430.6 430.7 430.8 430.9 430.10 430.11 430.12 430.13 430.14 430.15 430.16 430.17 430.18 430.19 430.20 430.21 430.22 430.23 430.24 430.25 430.26 430.27 430.28 430.29 430.30 430.31 430.32 430.33 430.34 430.35 431.1 431.2 431.3 431.4 431.5 431.6 431.7 431.8 431.9 431.10 431.11 431.12 431.13 431.14 431.15 431.16 431.17 431.18 431.19 431.20 431.21 431.22 431.23 431.24 431.25 431.26 431.27 431.28 431.29 431.30 431.31 431.32 431.33 431.34 432.1 432.2 432.3 432.4 432.5 432.6 432.7 432.8 432.9 432.10 432.11 432.12 432.13 432.14 432.15 432.16 432.17 432.18 432.19 432.20 432.21 432.22 432.23 432.24 432.25 432.26 432.27 432.28 432.29 432.30 432.31 432.32 432.33 432.34 432.35 433.1 433.2 433.3 433.4 433.5 433.6 433.7 433.8 433.9 433.10 433.11 433.12 433.13 433.14 433.15 433.16 433.17 433.18 433.19 433.20 433.21 433.22 433.23 433.24 433.25 433.26 433.27 433.28 433.29 433.30 433.31 433.32 433.33 433.34 434.1 434.2 434.3 434.4 434.5 434.6 434.7 434.8 434.9 434.10 434.11 434.12 434.13 434.14 434.15 434.16 434.17 434.18 434.19 434.20 434.21 434.22 434.23 434.24 434.25 434.26 434.27 434.28 434.29 434.30 434.31 434.32 434.33 434.34 434.35 435.1 435.2 435.3 435.4 435.5 435.6 435.7 435.8 435.9 435.10 435.11 435.12 435.13 435.14 435.15 435.16 435.17 435.18 435.19 435.20 435.21 435.22 435.23 435.24 435.25 435.26 435.27 435.28 435.29 435.30 435.31 435.32 435.33 435.34 435.35 436.1 436.2 436.3 436.4 436.5 436.6 436.7 436.8 436.9 436.10 436.11 436.12 436.13 436.14 436.15 436.16 436.17 436.18 436.19 436.20 436.21 436.22 436.23 436.24 436.25 436.26 436.27 436.28 436.29 436.30 436.31 436.32 436.33 436.34 437.1 437.2 437.3 437.4 437.5 437.6 437.7 437.8 437.9 437.10 437.11 437.12 437.13 437.14 437.15 437.16 437.17 437.18 437.19 437.20 437.21 437.22 437.23 437.24 437.25 437.26 437.27 437.28 437.29 437.30
437.31
437.32 437.33 437.34 438.1 438.2 438.3 438.4 438.5 438.6 438.7 438.8 438.9 438.10 438.11
438.12 438.13 438.14 438.15 438.16 438.17 438.18 438.19 438.20 438.21 438.22 438.23 438.24 438.25 438.26 438.27 438.28 438.29 438.30 438.31 438.32 438.33
438.34 439.1 439.2 439.3 439.4 439.5 439.6 439.7 439.8 439.9 439.10 439.11 439.12 439.13 439.14 439.15 439.16 439.17 439.18 439.19 439.20 439.21 439.22 439.23 439.24 439.25 439.26 439.27 439.28 439.29 439.30 439.31 439.32 439.33 439.34 440.1 440.2 440.3 440.4 440.5 440.6 440.7 440.8 440.9 440.10 440.11 440.12 440.13 440.14 440.15 440.16 440.17 440.18 440.19 440.20 440.21 440.22 440.23 440.24 440.25 440.26 440.27 440.28 440.29 440.30 440.31 440.32 440.33 440.34 440.35 441.1 441.2 441.3 441.4 441.5 441.6 441.7 441.8 441.9
441.10
441.11 441.12 441.13 441.14 441.15 441.16 441.17 441.18 441.19 441.20 441.21 441.22 441.23 441.24 441.25 441.26 441.27 441.28 441.29 441.30 441.31 441.32 441.33 442.1 442.2 442.3 442.4 442.5 442.6 442.7 442.8 442.9 442.10 442.11 442.12 442.13 442.14 442.15 442.16 442.17 442.18 442.19 442.20
442.21
442.22 442.23 442.24
442.25 442.26
442.27 442.28 442.29 442.30 442.31 442.32 442.33 443.1 443.2 443.3 443.4 443.5 443.6
443.7 443.8 443.9 443.10 443.11 443.12 443.13 443.14 443.15 443.16 443.17 443.18 443.19 443.20 443.21 443.22 443.23 443.24 443.25 443.26 443.27 443.28 443.29 443.30 443.31 443.32 443.33 444.1 444.2 444.3
444.4 444.5 444.6 444.7 444.8 444.9 444.10 444.11 444.12 444.13 444.14 444.15 444.16 444.17 444.18 444.19 444.20 444.21 444.22 444.23 444.24 444.25 444.26 444.27 444.28 444.29 444.30 444.31 444.32 444.33 444.34 444.35 444.36 445.1 445.2 445.3 445.4 445.5 445.6 445.7 445.8 445.9 445.10 445.11 445.12 445.13 445.14 445.15 445.16 445.17 445.18 445.19 445.20 445.21 445.22 445.23 445.24 445.25 445.26 445.27 445.28 445.29 445.30 445.31 445.32 445.33 445.34 445.35 446.1 446.2 446.3 446.4 446.5 446.6 446.7 446.8 446.9 446.10 446.11 446.12 446.13 446.14 446.15 446.16 446.17 446.18 446.19 446.20 446.21 446.22 446.23 446.24 446.25 446.26 446.27 446.28 446.29 446.30 446.31 446.32 446.33 446.34 447.1 447.2 447.3 447.4 447.5 447.6 447.7 447.8 447.9 447.10 447.11 447.12 447.13 447.14 447.15 447.16 447.17 447.18 447.19 447.20 447.21 447.22 447.23 447.24 447.25 447.26 447.27 447.28 447.29 447.30 447.31 447.32 447.33 447.34 448.1 448.2 448.3 448.4 448.5 448.6 448.7 448.8 448.9 448.10 448.11 448.12 448.13 448.14 448.15 448.16 448.17 448.18 448.19 448.20 448.21 448.22 448.23 448.24 448.25 448.26 448.27
448.28
448.29 448.30 448.31 448.32 448.33 449.1 449.2 449.3 449.4 449.5 449.6 449.7 449.8 449.9 449.10 449.11 449.12 449.13 449.14 449.15 449.16 449.17 449.18 449.19 449.20 449.21 449.22 449.23 449.24 449.25 449.26 449.27 449.28 449.29 449.30 449.31 449.32 449.33 450.1 450.2 450.3 450.4 450.5 450.6 450.7 450.8 450.9 450.10 450.11 450.12 450.13 450.14 450.15 450.16 450.17 450.18 450.19 450.20 450.21 450.22 450.23 450.24 450.25 450.26 450.27 450.28 450.29 450.30 450.31 450.32 450.33 450.34 450.35 451.1 451.2 451.3 451.4 451.5 451.6 451.7 451.8 451.9 451.10 451.11 451.12 451.13 451.14 451.15 451.16 451.17 451.18 451.19 451.20 451.21 451.22 451.23 451.24 451.25 451.26 451.27 451.28 451.29 451.30 451.31 451.32 451.33 451.34 452.1 452.2 452.3 452.4 452.5 452.6 452.7 452.8 452.9 452.10 452.11 452.12 452.13 452.14 452.15 452.16 452.17 452.18 452.19 452.20 452.21 452.22 452.23 452.24
452.25
452.26 452.27 452.28 452.29 452.30 452.31 452.32 452.33 452.34 453.1 453.2 453.3 453.4 453.5 453.6 453.7 453.8 453.9 453.10 453.11 453.12 453.13 453.14 453.15 453.16 453.17 453.18 453.19 453.20 453.21 453.22 453.23 453.24 453.25 453.26 453.27 453.28 453.29 453.30 453.31 453.32 453.33 453.34 453.35 454.1 454.2 454.3 454.4 454.5 454.6 454.7 454.8 454.9 454.10 454.11 454.12 454.13 454.14 454.15 454.16 454.17 454.18 454.19 454.20 454.21 454.22 454.23 454.24 454.25 454.26 454.27 454.28 454.29 454.30 454.31 454.32 454.33 454.34 454.35 455.1 455.2 455.3 455.4 455.5 455.6 455.7 455.8 455.9 455.10 455.11 455.12 455.13 455.14 455.15 455.16 455.17 455.18 455.19 455.20 455.21 455.22 455.23 455.24 455.25 455.26 455.27 455.28 455.29 455.30 455.31 455.32 455.33 455.34 455.35 456.1 456.2 456.3 456.4 456.5 456.6 456.7 456.8 456.9 456.10 456.11 456.12 456.13 456.14 456.15 456.16 456.17 456.18 456.19 456.20 456.21 456.22 456.23 456.24 456.25 456.26 456.27 456.28 456.29 456.30 456.31 456.32 456.33 456.34 457.1 457.2 457.3 457.4 457.5 457.6 457.7 457.8 457.9 457.10 457.11 457.12 457.13 457.14 457.15 457.16 457.17 457.18 457.19 457.20 457.21 457.22 457.23 457.24 457.25 457.26 457.27 457.28 457.29 457.30 457.31 457.32 457.33 457.34 457.35 458.1 458.2 458.3 458.4 458.5 458.6 458.7 458.8 458.9 458.10 458.11 458.12 458.13 458.14 458.15 458.16 458.17 458.18 458.19 458.20 458.21 458.22 458.23 458.24 458.25 458.26 458.27 458.28 458.29 458.30 458.31 458.32 458.33 459.1 459.2 459.3 459.4 459.5 459.6 459.7 459.8 459.9 459.10 459.11 459.12 459.13 459.14 459.15 459.16 459.17 459.18 459.19 459.20 459.21 459.22 459.23 459.24 459.25 459.26 459.27 459.28 459.29 459.30 459.31 459.32 459.33 459.34 459.35 460.1 460.2 460.3 460.4 460.5 460.6 460.7 460.8 460.9 460.10 460.11 460.12 460.13 460.14 460.15 460.16 460.17 460.18 460.19 460.20 460.21 460.22 460.23 460.24 460.25 460.26 460.27 460.28 460.29 460.30 460.31 460.32 460.33 460.34 460.35 461.1 461.2 461.3 461.4 461.5 461.6 461.7 461.8 461.9 461.10 461.11 461.12 461.13 461.14 461.15 461.16 461.17 461.18 461.19 461.20 461.21 461.22 461.23 461.24 461.25 461.26 461.27 461.28 461.29 461.30 461.31 461.32 461.33 461.34 461.35 462.1 462.2 462.3 462.4 462.5 462.6 462.7 462.8 462.9 462.10 462.11 462.12 462.13 462.14 462.15 462.16 462.17 462.18
462.19
462.20 462.21
A bill for an act
relating to state government; providing supplemental appropriations for
higher education, jobs and economic development, public safety, corrections,
transportation, environment, natural resources, and agriculture, kindergarten
through grade 12 and adult education, health and human services; making forecast
adjustments; modifying prior appropriations; modifying disposition of certain
revenues; dedicating money to the Board of Trustees of the Minnesota State
Colleges and Universities for compensation costs associated with settlement of
employment contracts; dedicating certain funds for homeownership opportunities
for families evicted or given notice of eviction due to a disabled child in the
home; requiring the housing finance agency to improve efforts to reduce racial
and ethnic inequalities in homeownership rates; creating an office of regenerative
medicine development; modifying workforce program outcomes; creating job
training programs; providing funding for the Minnesota Racing Commission;
providing a grant to the Mille Lacs Tourism Council; funding Peace Officer
Standards and Training Board; modifying certain provisions pertaining to victims
of domestic violence and sentencing for criminal sexual conduct; continuing
the fire safety advisory committee; providing for disaster assistance for public
entities when federal aid is granted and when federal aid is absent; establishing
certain transportation oversight authority; modifying provisions for railroad
and pipeline safety; modifying certain transportation provisions; providing
compensation for bee deaths due to pesticide poisoning; establishing pollinator
emergency response team; providing nonresident off-highway motorcycle
state trail pass; requiring certain recycling; modifying solid waste reduction;
regulating harmful chemicals in children's products; providing for state parks
and trails license plates, and licensing and inspection of commercial dog and cat
breeders; providing for invasive terrestrial plants and pests center; providing
funding and policy modifications for early childhood, kindergarten through grade
12, and adult education, including general education, education excellence,
special education, facilities, nutrition, community education, self-sufficiency and
lifelong learning, and state agencies; making changes to provisions governing
the Department of Health, Department of Human Services, children and family
services, continuing care, community first services and supports, health care,
public assistance programs, and chemical dependency; providing for unborn
child protection; modifying the hospital payment system; modifying provisions
governing background studies and home and community-based services
standards; setting fees; providing rate increases; establishing grant programs;
modifying medical assistance provisions; modifying the use of positive support
strategies and emergency manual restraint; providing for certain grants; defining
terms; creating accounts; requiring reports; providing penalties; authorizing
rulemaking; amending Minnesota Statutes 2012, sections 12.03, by adding
subdivisions; 12.221, subdivision 4, by adding a subdivision; 12A.02, subdivision
2, by adding subdivisions; 12A.03, subdivision 3; 12A.15, subdivision 1; 13.46,
subdivision 4; 13.643, subdivision 6; 13.7411, subdivision 8; 13.84, subdivisions
5, 6; 16A.28, by adding a subdivision; 18B.01, by adding subdivisions; 18B.03,
by adding a subdivision; 18B.04; 84.788, subdivision 2; 85.053, subdivision 2;
85.34, subdivision 7; 85A.02, subdivision 2; 103G.271, subdivision 6; 115A.151;
115A.55, subdivision 4; 115A.551, subdivisions 1, 2a; 115A.557, subdivisions 2,
3; 115B.39, subdivision 2; 115E.01, by adding subdivisions; 115E.08, by adding
subdivisions; 116.9401; 116.9402; 116.9403; 116.9405; 116.9406; 116L.98;
119B.09, subdivision 9a, by adding a subdivision; 121A.19; 122A.40, subdivision
13; 122A.41, subdivision 6; 122A.415, subdivision 1; 123A.05, subdivision
2; 123A.485; 123A.64; 123B.57, subdivision 6; 123B.71, subdivisions 8, 9;
124D.09, subdivisions 9, 13; 124D.111, by adding a subdivision; 124D.16,
subdivision 2; 124D.522; 124D.531, subdivision 3; 124D.59, subdivision 2;
125A.76, subdivision 2; 126C.10, subdivisions 25, 26; 127A.45, subdivisions 2,
3; 127A.49, subdivisions 2, 3; 129C.10, subdivision 3, by adding a subdivision;
144.0724, as amended; 144.551, subdivision 1; 145.4131, subdivision 1;
165.15, subdivision 2; 169.826, by adding a subdivision; 169.8261, by adding a
subdivision; 169.86, subdivision 5; 169.863, by adding a subdivision; 169.865,
subdivisions 1, 2, by adding a subdivision; 169.866, subdivision 3, by adding
a subdivision; 174.24, by adding a subdivision; 174.56, subdivision 1, by
adding a subdivision; 179.02, by adding a subdivision; 181A.07, by adding
a subdivision; 219.015, subdivisions 1, 2; 243.167, subdivision 1; 245A.03,
subdivision 2c; 245C.03, by adding a subdivision; 245C.04, by adding a
subdivision; 245C.05, subdivision 5; 245C.10, by adding a subdivision; 245C.33,
subdivisions 1, 4; 252.27, by adding a subdivision; 252.451, subdivision 2;
254B.12; 256.01, by adding a subdivision; 256.9685, subdivisions 1, 1a;
256.9686, subdivision 2; 256.969, subdivisions 1, 2, 2b, 3a, 3b, 3c, 6a, 8, 8a, 9,
10, 12, 14, 17, 18, 25, 30, by adding subdivisions; 256.9752, subdivision 2;
256B.04, by adding a subdivision; 256B.0625, subdivisions 18b, 18c, 18d, 18g,
30, by adding a subdivision; 256B.0751, by adding a subdivision; 256B.199;
256B.35, subdivision 1; 256B.431, by adding a subdivision; 256B.434, by
adding a subdivision; 256B.441, by adding a subdivision; 256B.5012, by
adding a subdivision; 256I.04, subdivision 2b; 256I.05, subdivision 2; 256J.49,
subdivision 13; 256J.53, subdivisions 1, 2, 5; 256J.531; 257.85, subdivision
11; 260C.212, subdivision 1; 260C.515, subdivision 4; 260C.611; 299F.012,
subdivisions 1, 2; 469.084, by adding a subdivision; 473.408, by adding a
subdivision; 609.135, subdivision 2; 609.3451, subdivision 3; 611A.06, by
adding a subdivision; Minnesota Statutes 2013 Supplement, sections 16A.724,
subdivision 2; 123B.53, subdivisions 1, 5; 123B.54; 123B.75, subdivision 5;
124D.11, subdivision 1; 124D.111, subdivision 1; 124D.165, subdivision 5;
124D.531, subdivision 1; 124D.65, subdivision 5; 124D.862, subdivisions 1,
2; 125A.0942; 125A.11, subdivision 1; 125A.76, subdivisions 1, 2a, 2b, 2c;
125A.79, subdivisions 1, 5, 8; 126C.05, subdivision 15; 126C.10, subdivisions 2,
2a, 2d, 24, 31; 126C.17, subdivisions 6, 7b, 9, 9a; 126C.44; 126C.48, subdivision
8; 127A.47, subdivision 7; 145.4716, subdivision 2; 168.123, subdivision 2;
174.42, subdivision 2; 245.8251; 245A.03, subdivision 7; 245A.042, subdivision
3; 245A.16, subdivision 1; 245C.08, subdivision 1; 245D.02, subdivisions 3, 4b,
8b, 11, 15b, 29, 34, 34a, by adding a subdivision; 245D.03, subdivisions 1, 2,
3, by adding a subdivision; 245D.04, subdivision 3; 245D.05, subdivisions 1,
1a, 1b, 2, 4, 5; 245D.051; 245D.06, subdivisions 1, 2, 4, 6, 7, 8; 245D.071,
subdivisions 3, 4, 5; 245D.081, subdivision 2; 245D.09, subdivisions 3, 4a;
245D.091, subdivisions 2, 3, 4; 245D.10, subdivisions 3, 4; 245D.11, subdivision
2; 256B.04, subdivision 21; 256B.056, subdivision 5c; 256B.0625, subdivisions
17, 18e; 256B.0949, subdivisions 4, 11; 256B.439, subdivisions 1, 7; 256B.441,
subdivision 53; 256B.4912, subdivision 1; 256B.492; 256B.69, subdivision 34;
256B.85, subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 23, 24,
by adding subdivisions; 256N.22, subdivisions 1, 2, 4; 256N.23, subdivision 4;
256N.25, subdivisions 2, 3; 256N.26, subdivision 1; 256N.27, subdivision 4;
Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; Laws
2009, chapter 83, article 1, section 10, subdivision 7; Laws 2010, chapter 189,
sections 15, subdivision 12; 26, subdivision 4; Laws 2012, chapter 249, section
11; Laws 2012, chapter 263, section 1; Laws 2012, chapter 287, article 2,
sections 1; 3; Laws 2012, First Special Session chapter 1, article 1, section 28;
Laws 2013, chapter 1, section 6, as amended; Laws 2013, chapter 85, article 1,
sections 3, subdivisions 2, 5, 6; 4, subdivisions 1, 2; 5; 13, subdivision 5; Laws
2013, chapter 86, article 1, sections 12, subdivision 3, as amended; 13; Laws
2013, chapter 108, article 1, section 24; article 3, section 48; article 7, sections
14; 49; article 14, sections 2, subdivisions 1, 4, as amended, 5, 6, as amended; 3,
subdivisions 1, 4; 4, subdivision 8; 12; Laws 2013, chapter 114, article 3, section
4, subdivision 3; Laws 2013, chapter 116, article 1, section 58, subdivisions 2, 3,
4, 5, 6, 7, 11; article 3, section 37, subdivisions 3, 4, 5, 6, 8, 11, 15, 20; article
4, section 9, subdivision 2; article 5, section 31, subdivisions 2, 3, 4, 8; article
6, section 12, subdivisions 2, 3, 4, 5, 6; article 7, section 21, subdivisions 2, 3,
4, 6, 7, 9; article 8, section 5, subdivisions 2, 3, 4, 10, 11, 14; article 9, sections
1, subdivision 2; 2; Laws 2013, chapter 117, article 1, sections 3, subdivisions
2, 3; 4; proposing coding for new law in Minnesota Statutes, chapters 8; 18B;
19; 84; 85; 87A; 115E; 116; 116J; 123A; 123B; 124D; 129C; 144; 144A; 145;
168; 219; 299A; 347; 473; proposing coding for new law as Minnesota Statutes,
chapter 12B; repealing Minnesota Statutes 2012, sections 115A.551, subdivision
2; 116J.997; 123B.71, subdivision 1; 256.969, subdivisions 2c, 8b, 9a, 9b, 11,
13, 20, 21, 22, 26, 27, 28; 256.9695, subdivisions 3, 4; Minnesota Statutes 2013
Supplement, sections 256B.0625, subdivision 18f; 256N.26, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
HIGHER EDUCATION
Section 1. new text begin MINNESOTA STATE COLLEGES AND UNIVERSITIES;
SETTLEMENT OF EMPLOYMENT CONTRACTS.
new text end
new text begin
$17,000,000 in fiscal year 2015 is appropriated from the general fund to the Board
of Trustees of the Minnesota State Colleges and Universities for compensation costs
associated with the settlement of employment contracts for fiscal year 2014. The board's
appropriation base is increased by $14,000,000 in fiscal years 2016 and 2017.
new text end
ARTICLE 2
HOUSING
Section 1.
Laws 2013, chapter 85, article 1, section 4, subdivision 1, is amended to read:
Subdivision 1.Total Appropriation
|
$ |
58,748,000 |
$ |
42,748,000 |
||
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Unless otherwise specified, this appropriation
is for transfer to the housing development
fund for the programs specified in this
section. Except as otherwise indicated, this
transfer is part of the agency's permanent
budget base.
new text begin
The Housing Finance Agency will make
continuous improvements to its ongoing
efforts to reduce the racial and ethnic
inequalities in homeownership rates and
will seek opportunities to deploy increasing
levels of resources toward these efforts.
new text end
Sec. 2.
Laws 2013, chapter 85, article 1, section 4, subdivision 2, is amended to read:
Subd. 2.Challenge Program
|
19,203,000 |
9,203,000 |
||||
(a) This appropriation is for the economic
development and housing challenge program
under Minnesota Statutes, section 462A.33.
The agency must continue to strengthen its
efforts to address the disparity rate between
white households and indigenous American
Indians and communities of color. Of this
amount, $1,208,000 each year shall be made
available during the first 11 months of the
fiscal year exclusively for housing projects
for American Indians. Any funds not
committed to housing projects for American
Indians in the first 11 months of the fiscal year
shall be available for any eligible activity
under Minnesota Statues, section 462A.33.
(b) Of this amount, $10,000,000 is a onetime
appropriation and is targeted for housing in
communities and regions that have:
(1)(i) low housing vacancy rates; and
(ii) cooperatively developed a plan that
identifies current and future housing needs;
and
(2)(i) experienced job growth since 2005 and
have at least 2,000 jobs within the commuter
shed;
(ii) evidence of anticipated job expansion; or
(iii) a significant portion of area employees
who commute more than 30 miles between
their residence and their employment.
(c) Priority shall be given to programs and
projects that are land trust programs and
programs that work in coordination with a
land trust program.
new text begin
(d) Of this amount, $500,000 is for
homeownership opportunities for families
who have been evicted or been given
notice of an eviction due to a disabled
child in the home, including adjustments
for the incremental increase in costs of
addressing the unique housing needs of those
households. Any funds not expended for this
purpose may be returned to the challenge
fund after October 31, 2014.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end The base funding for this program in
the 2016-2017 biennium is $12,925,000 each
year.
Sec. 3.
Laws 2013, chapter 85, article 1, section 4, subdivision 3, is amended to read:
Subd. 3.Housing Trust Fund
|
deleted text begin
13,276,000 deleted text end new text begin 12,776,000 new text end |
deleted text begin 10,276,000 deleted text end new text begin 10,776,000 new text end |
||||
(a) This appropriation is for deposit in the
housing trust fund account created under
Minnesota Statutes, section 462A.201, and
may be used for the purposes provided in
that section. To the extent that these funds
are used for the acquisition of housing, the
agency shall give priority among comparable
projects to projects that focus on creating
safe and stable housing for homeless youth
or projects that provide housing to trafficked
women and children.
(b) $2,000,000 in the first year deleted text begin is adeleted text end new text begin and
$500,000 in the second year arenew text end onetime
deleted text begin appropriationdeleted text end new text begin appropriationsnew text end for temporary
rental assistance for families with school-age
children who have changed school or home
at least once in the last school year. The
agency, in consultation with the Department
of Education, may establish additional
targeting criteria.
(c) Of this amount, $500,000 the first year
is a onetime appropriation for temporary
rental assistance for adults who are in
the process of being released from state
correctional facilities or on supervised
release in the community who are homeless
or at risk of becoming homeless. The
agency, in consultation with the Department
of Corrections, may establish additional
targeting criteria to identify those adults
most at risk of reentering state correctional
facilities.
deleted text begin
(d) Of this amount, $500,000 the first year
is a onetime appropriation for a grant to the
nonprofit organization selected to administer
the state demonstration project for high-risk
adults established under Laws 2007, chapter
54, article 1, section 19.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The base funding for this program in
fiscal years 2016 and 2017 is $11,471,000
each year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4. new text begin AFFORDABLE HOUSING PLAN; DISPARITIES REPORT.
new text end
new text begin
(a) The Housing Finance Agency shall provide the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over the
agency with the draft and final versions of its affordable housing plan before and after it
has been submitted to the agency board for consideration.
new text end
new text begin
(b) The Housing Finance Agency shall annually report to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over the agency on the progress, if any, the agency has made in closing the racial disparity
gap and low-income concentrated housing disparities.
new text end
JOBS AND ECONOMIC DEVELOPMENT
ARTICLE 3
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT;
DEPARTMENT OF LABOR AND INDUSTRY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns under "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2013, chapter 85, article 1,
or other law to the specified agencies. The appropriations are from the general fund, or
another named fund, and are available for the fiscal years indicated for each purpose. The
figures "2014" and "2015" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2014, or June 30, 2015, respectively.
Appropriations for the fiscal year ending June 30, 2014, are effective the day following
final enactment. Reductions may be taken in either fiscal year.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2014 new text end |
new text begin
2015 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF EMPLOYMENT
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
0 new text end |
new text begin
$ new text end |
new text begin
37,350,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Business and Community
|
new text begin
0 new text end |
new text begin
35,750,000 new text end |
||||
new text begin
(a) $25,000,000 in fiscal year 2015 is from the
general fund for grants for the development
of broadband infrastructure under Minnesota
Statutes, section 116J.395, or to supplement
revenues raised by bonds sold by local units
of government for broadband infrastructure
development. This is a onetime appropriation
and is available until June 30, 2017.
new text end
new text begin
(b) $450,000 in fiscal year 2015 is from the
general fund for one or more contracts with an
independent organization that has extensive
experience working with Minnesota
broadband providers to continue to:
new text end
new text begin
(1) collect broadband deployment data from
Minnesota providers, verify its accuracy
through on-the-ground testing, and create
state and county maps available to the public
showing the availability of broadband service
at various upload and download speeds
throughout Minnesota, in order to measure
progress in achieving the state's broadband
goals established in Minnesota Statutes,
section 237.012;
new text end
new text begin
(2) analyze the deployment data collected to
help inform future investments in broadband
infrastructure; and
new text end
new text begin
(3) conduct business and residential surveys
that measure broadband adoption and use in
the state.
new text end
new text begin
Data provided by a broadband provider to the
contractor under this paragraph is nonpublic
data under Minnesota Statutes, section 13.02,
subdivision 9. Maps produced under this
paragraph are public data under Minnesota
Statutes, section 13.03. This is a onetime
appropriation and is available until expended.
new text end
new text begin
(c) $1,000,000 in fiscal year 2015 is from
the general fund for a grant to the Southwest
Initiative Foundation for business revolving
loans or other lending programs. This is a
onetime appropriation and is available until
expended.
new text end
new text begin
(d) $1,000,000 in fiscal year 2015 is from the
general fund for a grant to the West Central
Initiative Foundation for business revolving
loans or other lending programs. This is a
onetime appropriation and is available until
expended.
new text end
new text begin
(e) $1,000,000 in fiscal year 2015 is from
the general fund for a grant to the Southern
Minnesota Initiative Foundation for business
revolving loans or other lending programs.
This is a onetime appropriation and is
available until expended.
new text end
new text begin
(f) $1,000,000 in fiscal year 2015 is from the
general fund for a grant to the Northwest
Minnesota Foundation for business revolving
loans or other lending programs. This is a
onetime appropriation and is available until
expended.
new text end
new text begin
(g) $1,000,000 in fiscal year 2015 is from
the general fund for a grant to the Initiative
Foundation for business revolving loans or
other lending programs. This is a onetime
appropriation and is available until expended.
new text end
new text begin
(h) $1,000,000 in fiscal year 2015 is from
the general fund for a grant to the Northland
Foundation for business revolving loans or
other lending programs. This is a onetime
appropriation and is available until expended.
new text end
new text begin
(i) $1,000,000 in fiscal year 2015 is from the
general fund for a grant to the Urban Initiative
Board under Minnesota Statutes, chapter
116M, for business technical assistance or
organizational capacity building. Funds
available under this paragraph must be
allocated as follows: (1) 50 percent of
the funds must be allocated for projects
in the counties of Dakota, Ramsey, and
Washington; and (2) 50 percent of the funds
must be allocated for projects in the counties
of Anoka, Carver, Hennepin, and Scott. This
is a onetime appropriation and is available
until expended.
new text end
new text begin
(j) $500,000 in fiscal year 2015 is from the
general fund for grants to small business
development centers under Minnesota
Statutes, section 116J.68. Funds made
available under this paragraph may be used to
match funds under the federal Small Business
Development Center (SBDC) program under
United States Code, title 15, section 648, to
provide consulting and technical services, or
to build additional SBDC network capacity
to serve entrepreneurs and small businesses.
The commissioner shall allocate funds
equally among the nine regional centers and
lead center. This is a onetime appropriation
and is available until expended.
new text end
new text begin
(k) $750,000 in fiscal year 2015 is from the
general fund for the innovation voucher pilot
program in article 4, section 9. This is a
onetime appropriation and is available until
expended. Of this amount, up to five percent
may be used for administration. Vouchers
require a 50 percent match by recipients.
new text end
new text begin
(l) $1,600,000 in fiscal year 2015 is
from the general fund for the Minnesota
Jobs Skills Partnership program under
Minnesota Statutes, section 116L.02. Of this
appropriation, $600,000 is onetime and is
available until expended and $1,000,000 is
added to the agency's base budget each year
for fiscal years 2016 and 2017.
new text end
new text begin
(m) $450,000 in fiscal year 2015 is from the
general fund for the Office of Regenerative
Medicine under Minnesota Statutes, sections
116J.886 to 116J.8862. This is a onetime
appropriation and is available until expended.
new text end
new text begin Subd. 3. new text end
new text begin
Workforce Development
|
new text begin
0 new text end |
new text begin
1,100,000 new text end |
||||
new text begin
(a) $75,000 in fiscal year 2015 is from
the general fund for workforce program
outcome activities under Minnesota Statutes,
section 116L.98. Up to five percent of
this appropriation may be used by the
commissioner for administration of the
program. This is a onetime appropriation and
is available until expended.
new text end
new text begin
(b) $1,000,000 in fiscal year 2015 is from the
general fund for training rebates under article
4, section 11. This is a onetime appropriation
and is available until expended.
new text end
new text begin
(c) $25,000 in fiscal year 2015 is from the
general fund for the information technology
apprenticeship pilot program under article 4,
section 13. This is a onetime appropriation
and is available until expended.
new text end
new text begin Subd. 4. new text end
new text begin
General Support Services
|
new text begin
0 new text end |
new text begin
500,000 new text end |
||||
new text begin
$500,000 in fiscal year 2015 is for
establishing and operating the interagency
Olmstead Implementation Office. This is a
onetime appropriation and is available until
expended.
new text end
Sec. 3. new text begin DEPARTMENT OF LABOR AND
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
0 new text end |
new text begin
$ new text end |
new text begin
25,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Labor Standards and Apprenticeship
|
new text begin
0 new text end |
new text begin
25,000 new text end |
||||
new text begin
(a) The base for the department is increased
by $70,000 each year for implementing and
administering a minimum wage inflation
adjustment. This adjustment is available only
if a law is enacted in the 2014 legislative
session that includes an automatic inflation
adjustment to the state minimum wage. The
availability of this appropriation is effective
in the same fiscal year that the inflation
adjustment is first effective.
new text end
new text begin
(b) $25,000 in fiscal year 2015 is from the
general fund for the precision manufacturing
and health care services pilot program under
article 4, section 12. This is a onetime
appropriation and is available until expended.
new text end
Sec. 4.
Laws 2013, chapter 85, article 1, section 3, subdivision 2, is amended to read:
Subd. 2.Business and Community
|
53,642,000 |
45,407,000 |
||||
| Appropriations by Fund |
||
| General |
52,942,000 |
44,707,000 |
| Remediation |
700,000 |
700,000 |
(a)(1) $15,000,000 each year is for the
Minnesota investment fund under Minnesota
Statutes, section 116J.8731. new text begin Of this amount,
the commissioner of employment and
economic development may use up to three
percent for administrative expenses. new text end This
appropriation is available until spent.
(2) Of the amount available under clause
(1), up to $3,000,000 in fiscal year 2014
is for a loan to facilitate initial investment
in the purchase and operation of a
biopharmaceutical manufacturing facility.
This loan is not subject to the loan limitations
under Minnesota Statutes, section 116J.8731,
and shall be forgiven by the commissioner
of employment and economic development
upon verification of meeting performance
goals. Purchases related to and for the
purposes of this loan award must be made
between January 1, 2013, and June 30, 2015.
The amount under this clause is available
until expended.
(3) Of the amount available under clause (1),
up to $2,000,000 is available for subsequent
investment in the biopharmaceutical facility
project in clause (2). The amount under this
clause is available until expended. Loan
thresholds under clause (2) must be achieved
and maintained to receive funding. Loans
are not subject to the loan limitations under
Minnesota Statutes, section 116J.8731, and
shall be forgiven by the commissioner of
employment and economic development
upon verification of meeting performance
goals. Purchases related to and for the
purposes of loan awards must be made during
the biennium the loan was received.
(4) Notwithstanding any law to the contrary,
the biopharmaceutical manufacturing facility
in this paragraph shall be deemed eligible
for the Minnesota job creation fund under
Minnesota Statutes, section 116J.8748,
by having at least $25,000,000 in capital
investment and 190 retained employees.
(5) For purposes of clauses (1) to (4),
"biopharmaceutical" and "biologics" are
interchangeable and mean medical drugs
or medicinal preparations produced using
technology that uses biological systems,
living organisms, or derivatives of living
organisms, to make or modify products or
processes for specific use. The medical drugs
or medicinal preparations include but are not
limited to proteins, antibodies, nucleic acids,
and vaccines.
(b) $12,000,000 each year is for the
Minnesota job creation fund under Minnesota
Statutes, section 116J.8748. Of this amount,
the commissioner of employment and
economic development may use up to three
percent for administrative expenses. This
appropriation is available until spent. The
base funding for this program shall be
$12,500,000 each year in the fiscal year
2016-2017 biennium.
(c) $1,272,000 each year is from the
general fund for contaminated site cleanup
and development grants under Minnesota
Statutes, sections 116J.551 to 116J.558. This
appropriation is available until expended.
(d) $700,000 each year is from the
remediation fund for contaminated site
cleanup and development grants under
Minnesota Statutes, sections 116J.551 to
116J.558. This appropriation is available
until expended.
(e) $1,425,000 the first year and $1,425,000
the second year are from the general fund for
the business development competitive grant
program. Of this amount, up to five percent
is for administration and monitoring of the
business development competitive grant
program. All grant awards shall be for two
consecutive years. Grants shall be awarded
in the first year.
(f) $4,195,000 each year is from the general
fund for the Minnesota job skills partnership
program under Minnesota Statutes, sections
116L.01 to 116L.17. If the appropriation for
either year is insufficient, the appropriation
for the other year is available. This
appropriation is available until spent.
(g) $6,000,000 the first year is from the
general fund for the redevelopment program
under Minnesota Statutes, section 116J.571.
This is a onetime appropriation and is
available until spent.
(h) $12,000 each year is from the general
fund for a grant to the Upper Minnesota Film
Office.
(i) $325,000 each year is from the general
fund for the Minnesota Film and TV Board.
The appropriation in each year is available
only upon receipt by the board of $1 in
matching contributions of money or in-kind
contributions from nonstate sources for every
$3 provided by this appropriation, except that
each year up to $50,000 is available on July
1 even if the required matching contribution
has not been received by that date.
(j) $100,000 each year is for a grant to the
Northern Lights International Music Festival.
(k) $5,000,000 each year is from the general
fund for a grant to the Minnesota Film
and TV Board for the film production jobs
program under Minnesota Statutes, section
116U.26. This appropriation is available
until expended. The base funding for this
program shall be $1,500,000 each year in the
fiscal year 2016-2017 biennium.
(l) $375,000 each year is from the general
fund for a grant to Enterprise Minnesota, Inc.,
for the small business growth acceleration
program under Minnesota Statutes, section
116O.115. This is a onetime appropriation.
(m) $160,000 each year is from the general
fund for a grant to develop and implement
a southern and southwestern Minnesota
initiative foundation collaborative pilot
project. Funds available under this paragraph
must be used to support and develop
entrepreneurs in diverse populations in
southern and southwestern Minnesota. This
is a onetime appropriation and is available
until expended.
(n) $100,000 each year is from the general
fund for the Center for Rural Policy
and Development. This is a onetime
appropriation.
(o) $250,000 each year is from the general
fund for the Broadband Development Office.
(p) $250,000 the first year is from the
general fund for a onetime grant to the St.
Paul Planning and Economic Development
Department for neighborhood stabilization
use in NSP3.
(q) $1,235,000 the first year is from the
general fund for a onetime grant to a city
of the second class that is designated as an
economically depressed area by the United
States Department of Commerce. The
appropriation is for economic development,
redevelopment, and job creation programs
and projects. This appropriation is available
until expended.
(r) $875,000 each year is from the general
fund for the Host Community Economic
Development Program established in
Minnesota Statutes, section 116J.548.
(s) $750,000 the first year is from the general
fund for a onetime grant to the city of Morris
for loans or grants to agricultural processing
facilities for energy efficiency improvements.
Funds available under this section shall be
used to increase conservation and promote
energy efficiency through retrofitting existing
systems and installing new systems to
recover waste heat from industrial processes
and reuse energy. This appropriation is not
available until the commissioner determines
that deleted text begin at least $1,250,000deleted text end new text begin a match of $750,000
new text end is committed to the project from nonpublic
sources. This appropriation is available until
expended.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2013.
new text end
Sec. 5.
Laws 2013, chapter 85, article 1, section 3, subdivision 5, is amended to read:
Subd. 5.Minnesota Trade Office
|
2,322,000 |
2,292,000 |
||||
(a) $330,000 in fiscal year 2014 and $300,000
in fiscal year 2015 are for the STEP grants
in Minnesota Statutes, section 116J.979. Of
the fiscal year 2014 appropriation, $30,000
is new text begin available for expenditure until June 30,
2015, new text end for establishing trade, export, and
cultural exchange relations between the state
of Minnesota and east African nations.
(b) $180,000 in fiscal year 2014 and
$180,000 in fiscal year 2015 are for the Invest
Minnesota marketing initiative in Minnesota
Statutes, section 116J.9781. Notwithstanding
any other law, this provision does not expire.
(c) $270,000 each year is from the general
fund for the expansion of Minnesota Trade
Offices under Minnesota Statutes, section
116J.978.
(d) $50,000 each year is from the general
fund for the trade policy advisory group
under Minnesota Statutes, section 116J.9661.
(e) The commissioner of employment and
economic development, in consultation
with the commissioner of agriculture, shall
identify and increase export opportunities for
Minnesota agricultural products.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Laws 2013, chapter 85, article 1, section 3, subdivision 6, is amended to read:
Subd. 6.Vocational Rehabilitation
|
27,691,000 |
27,691,000 |
||||
| Appropriations by Fund |
||
| General |
20,861,000 |
20,861,000 |
| Workforce Development |
6,830,000 |
6,830,000 |
(a) $10,800,000 each year is from the general
fund for the state's vocational rehabilitation
program under Minnesota Statutes, chapter
268A.
(b) $2,261,000 each year is from the general
fund for grants to centers for independent
living under Minnesota Statutes, section
268A.11.
(c) $5,745,000 each year from the general
fund and $6,830,000 each year from the
workforce development fund is for extended
employment services for persons with
severe disabilities under Minnesota Statutes,
section 268A.15. The allocation of extended
employment funds to Courage Center from
July 1, 2012 to June 30, 2013 must be
contracted to Allina Health systems from
July 1, 2013 to June 30, deleted text begin 2014deleted text end new text begin 2015new text end to provide
extended employment services in accordance
with Minnesota Rules, parts 3300.2005 to
3300.2055.
(d) $2,055,000 each year is from the general
fund for grants to programs that provide
employment support services to persons with
mental illness under Minnesota Statutes,
sections 268A.13 and 268A.14. The base
appropriation for this program is $1,555,000
each year in the fiscal year 2016-2017
biennium.
Sec. 7.
Laws 2013, chapter 85, article 1, section 13, subdivision 5, is amended to read:
Subd. 5.Telecommunications
|
1,949,000 |
2,249,000 |
||||
| Appropriations by Fund |
||
| General |
1,009,000 |
1,009,000 |
| Special Revenue |
940,000 |
1,240,000 |
$940,000 in fiscal year 2014 and $1,240,000
in fiscal year 2015 are appropriated to the
commissioner from the telecommunication
access fund for the following transfers. This
appropriation is added to the department's
base.
(1) $500,000 in fiscal year 2014 and $800,000
in fiscal year 2015 to the commissioner of
human services to supplement the ongoing
operational expenses of the Commission
of Deaf, DeafBlind, and Hard-of-Hearing
Minnesotans;
(2) $290,000 in fiscal year 2014 and $290,000
in fiscal year 2015 to the chief information
officer for the purpose of coordinating
technology accessibility and usability; and
(3) $150,000 in fiscal year 2014 and $150,000
in fiscal year 2015 to the Legislative
Coordinating Commission for captioning of
legislative coveragenew text begin and for a consolidated
access fund for other state agencies. These
transfers are subject to Minnesota Statutes,
section 16A.281new text end .
ARTICLE 4
ECONOMIC DEVELOPMENT AND WORKFORCE DEVELOPMENT
Section 1.
new text begin
[116J.394] DEFINITIONS.
new text end
new text begin
(a) For the purposes of sections 116J.394 to 116J.396, the following terms have
the meanings given them.
new text end
new text begin
(b) "Broadband" or "broadband service" has the meaning given in section 116J.39,
subdivision 1, paragraph (b).
new text end
new text begin
(c) "Broadband infrastructure" means networks of deployed telecommunications
equipment and technologies necessary to provide high-speed Internet access and other
advanced telecommunications services for end users.
new text end
new text begin
(d) "Commissioner" means the commissioner of employment and economic
development.
new text end
new text begin
(e) "Last-mile infrastructure" means broadband infrastructure that serves as the
final leg connecting the broadband service provider's network to the end-use customer's
on-premises telecommunications equipment.
new text end
new text begin
(f) "Middle-mile infrastructure" means broadband infrastructure that links a
broadband service provider's core network infrastructure to last-mile infrastructure.
new text end
new text begin
(g) "Political subdivision" means any county, city, town, school district, special
district or other political subdivision, or public corporation.
new text end
new text begin
(h) "Underserved areas" means areas of Minnesota in which households or businesses
lack access to wire-line broadband service at speeds that meet the state broadband goals of
ten to 20 megabits per second download and five to ten megabits per second upload.
new text end
new text begin
(i) "Unserved areas" means areas of Minnesota in which households or businesses
lack access to wire-line broadband service at speeds that meet a Federal Communications
Commission threshold of four megabits per second download and one megabit per second
upload.
new text end
Sec. 2.
new text begin
[116J.395] BORDER-TO-BORDER BROADBAND DEVELOPMENT
GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A grant program is established under the Department
of Employment and Economic Development to award grants to eligible applicants in order
to promote the expansion of access to broadband service in unserved or underserved
areas of the state.
new text end
new text begin Subd. 2. new text end
new text begin Eligible expenditures. new text end
new text begin
Grants may be awarded under this section to fund
the acquisition and installation of middle-mile and last-mile infrastructure that support
broadband service scalable to speeds of at least 100 megabits per second download and
100 megabits per second upload.
new text end
new text begin Subd. 3. new text end
new text begin Eligible applicants. new text end
new text begin
Eligible applicants for grants awarded under this
section include:
new text end
new text begin
(1) an incorporated business or a partnership;
new text end
new text begin
(2) a political subdivision;
new text end
new text begin
(3) an Indian tribe;
new text end
new text begin
(4) a Minnesota nonprofit organization organized under chapter 317A;
new text end
new text begin
(5) a Minnesota cooperative association organized under chapter 308A or 308B; and
new text end
new text begin
(6) a Minnesota limited liability corporation organized under chapter 322B for the
purpose of expanding broadband access.
new text end
new text begin Subd. 4. new text end
new text begin Application process. new text end
new text begin
An eligible applicant must submit an application
to the commissioner on a form prescribed by the commissioner. The commissioner shall
develop administrative procedures governing the application and grant award process.
The commissioner shall act as fiscal agent for the grant program and shall be responsible
for receiving and reviewing grant applications and awarding grants under this section.
new text end
new text begin Subd. 5. new text end
new text begin Application contents. new text end
new text begin
An applicant for a grant under this section shall
provide the following information on the application:
new text end
new text begin
(1) the location of the project;
new text end
new text begin
(2) the kind and amount of broadband infrastructure to be purchased for the project;
new text end
new text begin
(3) evidence regarding the unserved or underserved nature of the community in
which the project is to be located;
new text end
new text begin
(4) the number of households passed that will have access to broadband service as a
result of the project, or whose broadband service will be upgraded as a result of the project;
new text end
new text begin
(5) significant community institutions that will benefit from the proposed project;
new text end
new text begin
(6) evidence of community support for the project;
new text end
new text begin
(7) the total cost of the project;
new text end
new text begin
(8) sources of funding or in-kind contributions for the project that will supplement
any grant award; and
new text end
new text begin
(9) any additional information requested by the commissioner.
new text end
new text begin Subd. 6. new text end
new text begin Awarding grants. new text end
new text begin
(a) In evaluating applications and awarding grants, the
commissioner shall give priority to applications that are constructed in areas identified by
the director of the Office of Broadband Development as unserved.
new text end
new text begin
(b) In evaluating applications and awarding grants, the commissioner may give
priority to applications that:
new text end
new text begin
(1) are constructed in areas identified by the director of the Office of Broadband
Development as underserved;
new text end
new text begin
(2) offer new or substantially upgraded broadband service to important community
institutions including, but not limited to, libraries, educational institutions, public safety
facilities, and healthcare facilities;
new text end
new text begin
(3) facilitate the use of telemedicine and electronic health records;
new text end
new text begin
(4) serve economically distressed areas of the state, as measured by indices of
unemployment, poverty, or population loss that are significantly greater than the statewide
average;
new text end
new text begin
(5) provide technical support and train residents, businesses, and institutions in the
community served by the project to utilize broadband service;
new text end
new text begin
(6) include a component to actively promote the adoption of the newly available
broadband services in the community;
new text end
new text begin
(7) provide evidence of strong support for the project from citizens, government,
businesses, and institutions in the community;
new text end
new text begin
(8) provide access to broadband service to a greater number of unserved or
underserved households and businesses; or
new text end
new text begin
(9) leverage greater amounts of funding for the project from other private and
public sources.
new text end
new text begin
(c) The commissioner shall endeavor to award grants under this section to qualified
applicants in all regions of the state.
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.
new text begin
[116J.396] BORDER-TO-BORDER BROADBAND FUND.
new text end
new text begin Subdivision 1. new text end
new text begin Account established. new text end
new text begin
The border-to-border broadband fund account
is established as a separate account in the special revenue fund in the state treasury. The
commissioner shall credit to the account appropriations and transfers to the account.
Earnings, such as interest, dividends, and any other earnings arising from assets of the
account, must be credited to the account. Funds remaining in the account at the end of a
fiscal year are not canceled to the general fund, but remain in the account until expended.
The commissioner shall manage the account.
new text end
new text begin Subd. 2. new text end
new text begin Expenditures. new text end
new text begin
Money in the account may be used only:
new text end
new text begin
(1) for grant awards made under section 116J.395, including up to three percent of
the total amount appropriated for grants awarded under that section for costs incurred by
the Department of Employment and Economic Development to administer that section; or
new text end
new text begin
(2) to supplement revenues raised by bonds sold by local units of government for
broadband infrastructure development.
new text end
new text begin Subd. 3. new text end
new text begin Appropriation. new text end
new text begin
Money in the account is appropriated to the commissioner
for the purposes of subdivision 2.
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. 4.
new text begin
[116J.886] CITATION; REGENERATIVE MEDICINE DEVELOPMENT
ACT.
new text end
new text begin
Sections 116J.886 to 116J.8862 shall be known as the Regenerative Medicine
Development Act to promote private sector investment in regenerative medicine to
strengthen the state's economy, reduce the long-term costs related to treating debilitating
illnesses, advance the regenerative medicine industry, and facilitate and expand clinical
research opportunities in the state.
new text end
Sec. 5.
new text begin
[116J.8861] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purposes of sections 116J.886 to 116J.8862, the
following terms have the meanings given them.
new text end
new text begin Subd. 2. new text end
new text begin Business development services. new text end
new text begin
"Business development services"
means business incubator services and services to facilitate access to existing publicly
or privately financed grants, loans, or loan guarantees, and to support basic or applied
research, development of therapies, and development of pharmacologies and treatments
through preclinical or clinical trials.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of employment
and economic development.
new text end
new text begin Subd. 4. new text end
new text begin Office. new text end
new text begin
"Office" means the Office of Regenerative Medicine Development
established under section 116J.8862.
new text end
new text begin Subd. 5. new text end
new text begin Regenerative medicine. new text end
new text begin
"Regenerative medicine" means the process of
creating or using living, functional tissue to augment, repair, replace, or regenerate organs
and tissue that have been damaged by disease, injury, aging, or other biological processes.
new text end
new text begin Subd. 6. new text end
new text begin Regenerative medicine development project or project. new text end
new text begin
"Regenerative
medicine development project" or "project" means any research, product development,
or commercial venture relating to basic, preclinical, or clinical work to produce a drug,
biological or chemical material, compound, or medical device designed to augment,
repair, replace, or regenerate organs and tissue that have been damaged by disease, injury,
aging, or other biological processes.
new text end
Sec. 6.
new text begin
[116J.8862] OFFICE OF REGENERATIVE MEDICINE
DEVELOPMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Established. new text end
new text begin
The commissioner shall establish an Office of
Regenerative Medicine Development to provide business development services and
outreach to promote and expand the regenerative medicine industry in Minnesota.
new text end
new text begin Subd. 2. new text end
new text begin Consultation. new text end
new text begin
The office must regularly consult with external stakeholders,
and must conduct public meetings to gather input. For the purposes of this section,
external stakeholders must include:
new text end
new text begin
(1) the director of the Minnesota Stem Cell Institute at the University of Minnesota;
new text end
new text begin
(2) a representative of a Minnesota-based trade association with the largest number
of bioscience companies as its membership;
new text end
new text begin
(3) a representative of a Minnesota-based trade association with the largest number
of hospitals as its membership; and
new text end
new text begin
(4) a representative of the largest private entity in Minnesota conducting research
into the benefits and uses of regenerative medicine.
new text end
new text begin Subd. 3. new text end
new text begin Outside funding. new text end
new text begin
The commissioner, on behalf of the office, may accept
appropriations, gifts, grants, and bequests.
new text end
new text begin Subd. 4. new text end
new text begin Public infrastructure grant program. new text end
new text begin
The commissioner shall coordinate
the services and activities of the office with the innovative business development public
infrastructure program under section 116J.435.
new text end
new text begin Subd. 5. new text end
new text begin Fiscal planning. new text end
new text begin
By December 15, 2014, the commissioner shall develop a
long-term budget proposal for the office for fiscal years 2016 to 2024 to provide business
development services to regenerative medicine development projects.
new text end
new text begin Subd. 6. new text end
new text begin Project applications; selection. new text end
new text begin
(a) The office shall provide business
development services to eligible regenerative medicine development projects approved by
the commissioner. To be eligible for business development services under this section, a
regenerative medicine development project must:
new text end
new text begin
(1) demonstrate that at least 70 percent of the project costs are paid from nonstate
sources. The nonstate share may include federal funds and the prior purchase of scientific
equipment and materials incidental to the project, provided the purchase is completed not
more than two years prior to the approval of funding by the commissioner;
new text end
new text begin
(2) not duplicate or supplant any other research or other project already conducted
by the federal government, or for which federal funding is available; and
new text end
new text begin
(3) demonstrate that project activities are carried out directly by the grant recipient.
new text end
new text begin
(b) The commissioner shall establish an application and process for approving
projects. Project applications must include the following information:
new text end
new text begin
(1) evidence that the required match is available and committed;
new text end
new text begin
(2) a detailed estimate, along with necessary supporting evidence, of the total cost
of the project;
new text end
new text begin
(3) an assessment of the potential to attract new or continue existing public and
private research grant awards resulting from the project;
new text end
new text begin
(4) a detailed risk analysis projecting the likelihood of clinical success resulting in
revenues or royalty payments from the project;
new text end
new text begin
(5) an assessment of the likelihood for and potential cost savings for publicly
funded health care and long-term care programs from the project as a result of reducing
the incidence or lowering the treatment costs of debilitating illnesses and diseases over
the next ten years;
new text end
new text begin
(6) a timeline indicating the major milestones of research projects and their
anticipated completion dates, including any previously completed similar research; and
new text end
new text begin
(7) an estimate of any potential current and future employment opportunities
within the state, stimulation of economic growth, and the possibility for advancing the
development of commercially successful and affordable regenerative medicine products,
processes, or services. The application requirements are not in priority order and the
commissioner may weigh each item, depending upon the facts and circumstances, as
the commissioner considers appropriate.
new text end
new text begin Subd. 7. new text end
new text begin Report. new text end
new text begin
The commissioner, on behalf of the office, must report to the
legislative chairs with jurisdiction over economic development by January 1 of each
odd-numbered year on successful economic development projects implemented or
initiated since their last report and on plans for the upcoming year.
new text end
new text begin Subd. 8. new text end
new text begin Sunset. new text end
new text begin
The office established under this section expires June 30, 2024.
new text end
Sec. 7.
Minnesota Statutes 2012, section 116L.98, is amended to read:
116L.98 WORKFORCE PROGRAM OUTCOMES.
new text begin Subdivision 1. new text end
new text begin Requirements. new text end
The commissioner shall develop and implement a
deleted text begin set of standard approaches for assessing the outcomes of workforce programs under this
chapter. The outcomes assessed must include, but are not limited to, periodic comparisons
of workforce program participants and nonparticipantsdeleted text end new text begin uniform outcome measurement
and reporting system for adult workforce-related programs funded in whole or in part by
the workforce development fundnew text end .
deleted text begin
The commissioner shall also monitor the activities and outcomes of programs and
services funded by legislative appropriations and administered by the department on a
pass-through basis and develop a consistent and equitable method of assessing recipients
for the costs of its monitoring activities.
deleted text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms defined in
this subdivision have the meanings given.
new text end
new text begin
(b) "Credential" means postsecondary degrees, diplomas, licenses, and certificates
awarded in recognition of an individual's attainment of measurable technical or
occupational skills necessary to obtain employment or advance with an occupation.
This definition does not include certificates awarded by workforce investment boards or
work-readiness certificates.
new text end
new text begin
(c) "Exit" means to have not received service under a workforce program for 90
consecutive calendar days. The exit date is the last date of service.
new text end
new text begin
(d) "Net impact" means the use of matched control groups and regression analysis to
estimate the impacts attributable to program participation net of other factors, including
observable personal characteristics and economic conditions.
new text end
new text begin
(e) "Pre-enrollment" means the period of time before an individual was enrolled
in a workforce program.
new text end
new text begin Subd. 3. new text end
new text begin Uniform outcome report card; reporting by commissioner. new text end
new text begin
(a) By
December 31 of each even-numbered year, the commissioner must report to the chairs
and ranking minority members of the committees of the house of representatives and the
senate having jurisdiction over economic development and workforce policy and finance
the following information separately for each of the previous two fiscal or calendar years,
for each program subject to the requirements of subdivision 1:
new text end
new text begin
(1) the total number of participants enrolled;
new text end
new text begin
(2) the median pre-enrollment wages based on participant wages for the second
through the fifth calendar quarters immediately preceding the quarter of enrollment
excluding those with zero income;
new text end
new text begin
(3) the total number of participants with zero income in the second through fifth
calendar quarters immediately preceding the quarter of enrollment;
new text end
new text begin
(4) the total number of participants enrolled in training;
new text end
new text begin
(5) the total number of participants enrolled in training by occupational group;
new text end
new text begin
(6) the total number of participants that exited the program and the average
enrollment duration of participants that have exited the program during the year;
new text end
new text begin
(7) the total number of exited participants who completed training;
new text end
new text begin
(8) the total number of exited participants who attained a credential;
new text end
new text begin
(9) the total number of participants employed during three consecutive quarters
immediately following the quarter of exit, by industry;
new text end
new text begin
(10) the median wages of participants employed during three consecutive quarters
immediately following the quarter of exit;
new text end
new text begin
(11) the total number of participants employed during eight consecutive quarters
immediately following the quarter of exit, by industry; and
new text end
new text begin
(12) the median wages of participants employed during eight consecutive quarters
immediately following the quarter of exit.
new text end
new text begin
(b) The report to the legislature must contain participant information by education
level, race and ethnicity, gender, and geography, and a comparison of exited participants
who completed training and those who did not.
new text end
new text begin
(c) The requirements of this section apply to programs administered directly by the
commissioner or administered by other organizations under a grant made by the department.
new text end
new text begin Subd. 4. new text end
new text begin Data to commissioner; uniform report card. new text end
new text begin
(a) A recipient of a future
or past grant or direct appropriation made by or through the department must report data
to the commissioner by September 1 of each even-numbered year on each of the items in
subdivision 3 for each program it administers except wages and number employed, which
the department shall provide. The data must be in a format prescribed by the commissioner.
new text end
new text begin
(b) Beginning July 1, 2014, the commissioner shall provide notice to grant applicants
and recipients regarding the data collection and reporting requirements under this
subdivision and must provide technical assistance to applicants and recipients to assist
in complying with the requirements of this subdivision.
new text end
new text begin Subd. 5. new text end
new text begin Information. new text end
new text begin
The information collected and reported under subdivisions 3
and 4 shall be made available on the department's Web site.
new text end
new text begin Subd. 6. new text end
new text begin Limitations on future appropriations. new text end
new text begin
(a) A program that is a recipient
of public funds and subject to the requirements of this section as of May 1, 2014, is not
eligible for additional state appropriations for any fiscal year beginning after June 30,
2015, unless all of the reporting requirements under subdivision 4 have been satisfied.
new text end
new text begin
(b) A program with an initial request for funds on or after the effective date of this
section may be considered for receipt of public funds for the first two fiscal years only
if a plan that demonstrates how the data collection and reporting requirements under
subdivision 4 will be met has been submitted and approved by the commissioner. Any
subsequent request for funds after an initial request is subject to the requirements of
paragraph (a).
new text end
new text begin Subd. 7. new text end
new text begin Workforce program net impact analysis. new text end
new text begin
(a) The commissioner
shall contract with an independent entity to conduct a net impact analysis for adult
workforce-related programs funded in whole or in part by the workforce development
fund. The requirements of this section apply to programs administered directly by the
commissioner or administered by other employment organizations under a grant made by
the department. The net impact methodology used by the independent entity should be
based on the methodology and evaluation design used in paragraph (c) and must include:
new text end
new text begin
(1) standardized statistical methods for estimating the net impacts of workforce
services on individual employment, earnings, incarceration avoidance where appropriate,
and public benefits usage outcomes; and
new text end
new text begin
(2) standardized cost-benefit analysis for understanding the monetary impacts of
workforce services from the participant and taxpayer points of view.
new text end
new text begin
(b) By January 15 of the odd year of every other biennium, the commissioner must
report to the chairs and ranking minority members of the committees of the house of
representatives and senate having jurisdiction over economic development and workforce
policy and finance the following information for each program subject to this subdivision:
new text end
new text begin
(1) the net impact of workforce services on individual employment, earnings, and
public benefits usage outcomes; and
new text end
new text begin
(2) cost-benefit analyses for understanding the monetary impacts of workforce
services from the participant and taxpayer points of view. The report must be made
available to the public in an electronic format on the Department of Employment and
Economic Development's Web site.
new text end
new text begin
The department is authorized to create and maintain data-sharing agreements with
other departments, including corrections, human services, and any other department that
are necessary to complete the analysis. The department shall supply the information
collected for use by the independent entity conducting net impact analysis pursuant to the
data practices requirements under chapters 13, 13A, 13B, and 13C.
new text end
new text begin
(c) By January 15, 2015, the commissioner, in partnership with the Governor's
Workforce Development Council, must report to the chairs and ranking minority members
of the committees of the house of representatives and senate having jurisdiction over
economic development and workforce policy and finance the results of the net impact
pilot project already underway.
new text end
Sec. 8.
Minnesota Statutes 2012, section 181A.07, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Approved training programs. new text end
new text begin
The commissioner may grant exemptions
from any provisions of sections 181A.01 to 181A.12 for minors participating in training
programs approved by the commissioner; or students in a valid apprenticeship program
taught by or required by a trade union, the commissioner of education, the commissioner
of employment and economic development, the Board of Trustees of the Minnesota State
Colleges and Universities, or the Board of Regents of the University of Minnesota.
new text end
Sec. 9. new text begin INNOVATION VOUCHER PILOT PROGRAM.
new text end
new text begin
(a) The commissioner of employment and economic development shall develop and
implement an innovation voucher pilot program to provide financing to small businesses
to purchase technical assistance and services from public higher education institutions
and nonprofit entities to assist in the development or commercialization of innovative
new products or services.
new text end
new text begin
(b) Funds available under this section may be used by a small business to access
technical assistance and other services including, but not limited to: research, technical
development, product development, commercialization, technology exploration, and
improved business practices.
new text end
new text begin
(c) To be eligible for a voucher under this section, a business must enter into an
agreement with the commissioner that includes:
new text end
new text begin
(1) a list of the technical assistance and services the business proposes to purchase
and from whom the services will be purchased; and
new text end
new text begin
(2) deliverable outcomes in one of the following areas:
new text end
new text begin
(i) research and development;
new text end
new text begin
(ii) business model development;
new text end
new text begin
(iii) market feasibility;
new text end
new text begin
(iv) operations; or
new text end
new text begin
(v) other outcomes determined by the commissioner.
new text end
new text begin
As part of the agreement, the commissioner must approve the technical assistance and
services to be purchased, and the entities from which the services or technical assistance
will be purchased.
new text end
new text begin
(d) For the purposes of this section, a small business means a business with fewer
than 40 employees.
new text end
new text begin
(e) A voucher award must not exceed $25,000 per business.
new text end
new text begin
(f) The commissioner must report to the chairs of the committees of the house of
representatives and senate having jurisdiction over economic development and workforce
policy and finance issues by December 1, 2014, on the vouchers awarded to date.
new text end
Sec. 10. new text begin COMMISSIONER'S ACCOUNTABILITY PLAN.
new text end
new text begin
By December 1, 2014, the commissioner shall report to the committees of the
house of representatives and senate having jurisdiction over workforce development
and economic development policy and finance issues, on the department's plan, and any
request for funding, to design and implement a performance accountability outcome
measurement system for programs under Minnesota Statutes, chapters 116J and 116L.
new text end
Sec. 11. new text begin NEW EMPLOYEE TRAINING PARTNERSHIP.
new text end
new text begin Subdivision 1. new text end
new text begin Training partnership initiative. new text end
new text begin
(a) The commissioner of
employment and economic development shall develop and implement a new employee
training partnership to provide rebates to employers that hire and train new employees. To
be eligible for a rebate under this section, an employer must enter into an agreement with
the commissioner under subdivision 3. The commissioner shall give priority to employers
in counties in which the county unemployment rate over the preceding 12 months exceeded
the state average unemployment rate by 1.5 percentage points over the same period.
new text end
new text begin
(b) Before entering into an agreement with an employer, the commissioner must
investigate the applicability of other training programs and determine whether the job skills
partnership grant program is a more suitable source of funding for the training and whether
the training can be completed in a timely manner that meets the needs of the employer.
new text end
new text begin
The investigation must be completed within 15 days or as soon as reasonably possible
after the employer has provided the commissioner with all the requested information.
new text end
new text begin
(c) The commissioner shall prescribe the form of all applications for rebates, the
timing for submission of applications, the execution of agreements with the commissioner,
and the payment of rebates.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms in this
subdivision have the meanings given.
new text end
new text begin
(b) "Agreement" means the agreement between an employer and the commissioner
for a training partnership.
new text end
new text begin
(c) "Commissioner" means the commissioner of employment and economic
development.
new text end
new text begin
(d) "Cost of training" means all necessary and incidental costs of providing training
services. The term does not include the cost of purchasing equipment to be owned or used
by the training or educational institution or service.
new text end
new text begin
(e) "Disability" has the meaning given under United States Code, title 42, chapter 126.
new text end
new text begin
(f) "Employee" means an individual employed in a new job.
new text end
new text begin
(g) "Employer" means an individual, corporation, partnership, limited liability
company, or association providing new jobs and entering into an agreement.
new text end
new text begin
(h) "Long-term unemployed" has the meaning given by the United States Department
of Labor, Bureau of Labor Standards.
new text end
new text begin
(i) "New job" means a job:
new text end
new text begin
(1) that is provided by a new or expanding business at a location outside of the
metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2;
new text end
new text begin
(2) that provides 32 hours of work per week for a minimum of nine months of the
year and is permanent with no planned termination date; and
new text end
new text begin
(3) for which the employee hired was not (i) formerly employed by the employer
in the state or (ii) a replacement worker, including a worker newly hired as a result of a
labor dispute.
new text end
new text begin
(j) "Rebate" means a payment by the commissioner to an employer for the cost
of training an employee. Rebates are limited to a maximum of $3,000 per employee,
except that the maximum rebate for the training costs of an employee with a disability, an
employee who was considered long-term unemployed, or an employee who is a veteran,
is $4,000 per employee.
new text end
new text begin
(k) "Training partnership" means a training services and rebate arrangement that is
the subject of an agreement entered into between the commissioner and an employer.
new text end
new text begin
(l) "Training services" means training and education specifically directed to new
jobs, determined to be appropriate by the commissioner, including in-house training;
services provided by institutions of higher education, or federal, state, or local agencies; or
private training or educational services. Administrative services, assessment, and testing
costs may be considered as training services.
new text end
new text begin Subd. 3. new text end
new text begin Agreements; required terms. new text end
new text begin
To be eligible for a rebate under this
section, an employer must enter into an agreement with the commissioner that:
new text end
new text begin
(1) identifies the training costs to be incurred by the employer, who will provide the
training services, and the amount of the rebate to be provided by the commissioner;
new text end
new text begin
(2) provides for a guarantee by the employer of payment for all training costs; and
new text end
new text begin
(3) provides that each employee must be paid wages of at least $13 per hour, plus
benefits, except that during a period not to exceed three weeks, during which an employee
is receiving training services, the employee may be paid wages of at least $11 per hour,
plus benefits.
new text end
new text begin Subd. 4. new text end
new text begin Verification prior to payment of rebate. new text end
new text begin
The commissioner shall not
pay any rebate until all training costs and payment of the training costs by the employer
have been verified.
new text end
new text begin Subd. 5. new text end
new text begin Allocation. new text end
new text begin
(a) The commissioner shall allocate payment for rebates
to employers only after receipt of a complete application for the rebate, including the
provision of all of the required information and the execution of an agreement and
approval by the commissioner. In approving applications, the commissioner must give
priority to employers in counties with high seasonally adjusted unemployment rates.
new text end
new text begin
(b) The commissioner may utilize existing on-the-job training rebate or payment
processes or procedures.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
By February 1, 2015, the commissioner shall report to the
committees of the house of representatives and the senate having jurisdiction over economic
development policy and finance. The report must include the following information:
new text end
new text begin
(1) the total amount of rebates issued;
new text end
new text begin
(2) the number of individuals receiving training, including disaggregate data
for employees who are individuals with disabilities, veterans, or who were long-term
unemployed;
new text end
new text begin
(3) an analysis of the effectiveness of the rebate in encouraging employment; and
new text end
new text begin
(4) any other information the commissioner determines appropriate.
new text end
Sec. 12. new text begin PILOT PROGRAMS; PRECISION MANUFACTURING AND HEALTH
CARE SERVICES.
new text end
new text begin
The commissioner of labor and industry shall establish pilot programs to develop
competency standards for apprenticeship programs in precision manufacturing and health
care services. The pilot programs shall be administered by the registered apprenticeship
program within the Department of Labor and Industry. In establishing the pilot programs,
the commissioner may convene recognized industry experts and representative employers
to assist in defining credible competency standards acceptable to the information
technology and health care services industries.
new text end
Sec. 13. new text begin PILOT PROGRAM; INFORMATION TECHNOLOGY.
new text end
new text begin
The commissioner of employment and economic development shall establish a pilot
program to develop competency standards for an information technology apprenticeship
program. In establishing the pilot program, the commissioner may convene recognized
industry experts and representative employers to define credible competency standards
acceptable to the information technology industry.
new text end
Sec. 14. new text begin OUTCOMES.
new text end
new text begin
The outcomes expected from each of the pilot programs listed in sections 12 and
13 include:
new text end
new text begin
(1) establishment of competency standards for entry level and at least two additional
higher skill levels for apprenticeship training in each industry;
new text end
new text begin
(2) verification of competency standards and skill levels and their transferability by
representatives of each respective industry;
new text end
new text begin
(3) clarification of ways for Minnesota educational institutions to engage in
providing training to meet the competency standards established; and
new text end
new text begin
(4) participation from the identified industry sectors.
new text end
Sec. 15. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, section 116J.997,
new text end
new text begin
is repealed.
new text end
ARTICLE 5
MISCELLANEOUS FOR JOBS AND ECONOMIC DEVELOPMENT
Section 1.
Minnesota Statutes 2012, section 179.02, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Receipt of gifts, money; appropriation. new text end
new text begin
(a) The commissioner may apply
for, accept, and disburse gifts, bequests, grants, or payments for services from the United
States, the state, private foundations, or any other source.
new text end
new text begin
(b) Money received by the commissioner under this subdivision must be deposited in
a separate account in the state treasury and invested by the State Board of Investment. The
amount deposited, including investment earnings, is appropriated to the commissioner
to carry out duties of the commissioner.
new text end
new text begin
(c) The commissioner must post and maintain, on the Bureau of Mediation Services
Web site, a list of the sources of funds and amounts received under this subdivision.
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. 2.
Minnesota Statutes 2012, section 469.084, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Meetings by telephone or other electronic means. new text end
new text begin
The port authority
may conduct meetings as provided by section 13D.015.
new text end
ARTICLE 6
COMMERCE
Section 1.
Laws 2013, chapter 85, article 1, section 5, is amended to read:
Sec. 5. EXPLORE MINNESOTA TOURISM
|
$ |
13,988,000 |
$ |
13,988,000 |
||
new text begin (a) new text end To develop maximum private sector
involvement in tourism, $500,000 in fiscal
year 2014 and $500,000 in fiscal year 2015
must be matched by Explore Minnesota
Tourism from nonstate sources. Each $1 of
state incentive must be matched with $6 of
private sector funding. Cash match is defined
as revenue to the state or documented cash
expenditures directly expended to support
Explore Minnesota Tourism programs. Up
to one-half of the private sector contribution
may be in-kind or soft match. The incentive
in fiscal year 2014 shall be based on fiscal
year 2013 private sector contributions. The
incentive in fiscal year 2015 shall be based on
fiscal year 2014 private sector contributions.
This incentive is ongoing.
Funding for the marketing grants is available
either year of the biennium. Unexpended
grant funds from the first year are available
in the second year.
new text begin
(b) $100,000 of the second year appropriation
is for a grant to the Mille Lacs Tourism
Council to enhance marketing activities
related to tourism promotion in the Mille
Lacs Lake area.
new text end
new text begin
(c) $100,000 of the second year appropriation
is for additional marketing activities.
new text end
Sec. 2. new text begin RACING COMMISSION.
new text end
new text begin
$100,000 in fiscal year 2014 and $85,000 in fiscal year 2015 are appropriated
from the racing and card playing regulation account in the special revenue fund to the
Minnesota Racing Commission. These appropriations are onetime and are available
either year of the biennium.
new text end
PUBLIC SAFETY AND CORRECTIONS
ARTICLE 7
PUBLIC SAFETY AND CORRECTIONS APPROPRIATIONS
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2014 new text end |
new text begin
2015 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
36,475,000 new text end |
new text begin
$ new text end |
new text begin
36,496,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
6,359,000 new text end |
new text begin
6,865,000 new text end |
new text begin
13,224,000 new text end |
|||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
6,359,000 new text end |
new text begin
$ new text end |
new text begin
43,361,000 new text end |
new text begin
$ new text end |
new text begin
49,720,000 new text end |
Sec. 2. new text begin APPROPRIATIONS.new text end
|
new text begin
The sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2013, chapter 86, article 1, to the agencies and for the purposes
specified in this article. The appropriations are from the general fund, or another named
fund, and are available for the fiscal years indicated for each purpose. The figures "2014"
and "2015" used in this article mean that the addition to the appropriation listed under
them is available for the fiscal year ending June 30, 2014, or June 30, 2015, respectively.
Supplemental appropriations for the fiscal year ending June 30, 2014, are effective the
day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2014 new text end |
new text begin
2015 new text end |
|||||
Sec. 3. new text begin DEPARTMENT OF PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
6,359,000 new text end |
new text begin
$ new text end |
new text begin
13,126,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
6,261,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
6,359,000 new text end |
new text begin
6,865,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Communication Networks
|
new text begin
5,059,000 new text end |
new text begin
6,865,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end
new text begin Subd. 3. new text end
new text begin
Office of Justice Programs
|
new text begin
-0- new text end |
new text begin
600,000 new text end |
||||
new text begin
(a) $300,000 in 2015 is for grants to
fund emergency shelter, housing, or
advocacy services targeted to culturally
specific programming for newer immigrant
populations. The funds must be awarded
to a program or programs that demonstrate
leadership in the community to be served.
This appropriation is added to the base.
new text end
new text begin
(b) $300,000 in 2015 is for grants to sexual
assault advocacy programs for sexual
violence community prevention networks.
For purposes of this section, "sexual
assault" means a violation of Minnesota
Statutes, sections 609.342 to 609.3453. This
appropriation is added to the base.
new text end
new text begin Subd. 4. new text end
new text begin
Emergency Management
|
new text begin
-0- new text end |
new text begin
5,661,000 new text end |
||||
new text begin
$5,661,000 in 2015 is for the disaster
assistance contingency account in Minnesota
Statutes, section 12.221. These funds are
available until spent.
new text end
new text begin Subd. 5. new text end
new text begin
Fire Safety Account
|
new text begin
1,300,000 new text end |
new text begin
-0- new text end |
||||
new text begin
$1,300,000 in 2014 is appropriated from the
fire safety account in the special revenue
fund to the commissioner of public safety
for activities and programs under Minnesota
Statutes, section 299F.012. This is a onetime
appropriation. By January 15, 2015, the
commissioner shall report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over the fire
safety account regarding the balances and
uses of the account.
new text end
Sec. 4. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
30,164,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Correctional Institutions
|
new text begin
-0- new text end |
new text begin
27,321,000 new text end |
||||
new text begin
This includes a onetime appropriation of
$11,089,000.
new text end
new text begin Subd. 3. new text end
new text begin
Community Services
|
new text begin
-0- new text end |
new text begin
1,900,000 new text end |
||||
new text begin Subd. 4. new text end
new text begin
Operations Support
|
new text begin
-0- new text end |
new text begin
900,000 new text end |
||||
Sec. 5. new text begin PEACE OFFICER STANDARDS AND
|
new text begin
-0- new text end |
new text begin
50,000 new text end |
||||
new text begin
$50,000 in 2015 is for training state and
local community safety personnel in the
use of crisis de-escalation techniques for
use with Minnesota veterans following
their return from active military service in
a combat zone. The director may consult
with any other state or local governmental
official or nongovernmental authority the
director determines to be relevant, to include
postsecondary institutions, when selecting
a service provider for this training. The
training provider must have a demonstrated
understanding of the transitions and
challenges that veterans may experience
during their re-entry into society following
combat service. The training opportunities
provided must be reasonably distributed
statewide. This is a onetime appropriation.
new text end
Sec. 6.
Laws 2009, chapter 83, article 1, section 10, subdivision 7, is amended to read:
Subd. 7.Emergency Communication Networks
|
66,470,000 |
70,233,000 |
||||
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
(a) Public Safety Answering Points.
$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.
(b) Medical Resource Communication
Centers. $683,000 each year is for grants
to the Minnesota Emergency Medical
Services Regulatory Board for the Metro
East and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.
(c) ARMER Debt Service. $17,557,000 the
first year and $23,261,000 the second year
are to the commissioner of finance to pay
debt service on revenue bonds issued under
Minnesota Statutes, section 403.275.
Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8, or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.
deleted text begin
(d)
deleted text end
deleted text begin
Metropolitan Council Debt Service.
deleted text end
deleted text begin
deleted text end
deleted text begin
$1,410,000 each year is to the commissioner
deleted text end
deleted text begin
of finance for payment to the Metropolitan
deleted text end
deleted text begin
Council for debt service on bonds issued
deleted text end
deleted text begin
under Minnesota Statutes, section
deleted text end
deleted text begin
.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end ARMER State Backbone Operating
Costs. $5,060,000 each year is to the
commissioner of transportation for costs
of maintaining and operating the statewide
radio system backbone.
deleted text begin (f)deleted text end new text begin (e)new text end ARMER Improvements. $1,000,000
each year is for the Statewide Radio Board for
costs of design, construction, maintenance
of, and improvements to those elements
of the statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide enhancement of public
safety communication interoperability.
deleted text begin (g)deleted text end new text begin (f)new text end Next Generation 911. $3,431,000
the first year and $6,490,000 the second year
are to replace the current system with the
Next Generation Internet Protocol (IP) based
network. new text begin This appropriation is available until
expended. new text end The base level of funding for
fiscal year 2012 shall be $2,965,000.
deleted text begin (h)deleted text end new text begin (g)new text end Grants to Local Government.
$5,000,000 the first year is for grants to
local units of government to assist with
the transition to the ARMER system. This
appropriation is available until June 30, 2012.
Sec. 7.
Laws 2013, chapter 86, article 1, section 12, subdivision 3, as amended by
Laws 2013, chapter 140, section 2, is amended to read:
Subd. 3.Criminal Apprehension
|
47,588,000 |
47,197,000 |
||||
| Appropriations by Fund |
||
| General |
42,315,000 |
42,924,000 |
| Special Revenue |
3,000,000 |
2,000,000 |
| State Government Special Revenue |
7,000 |
7,000 |
| Trunk Highway |
2,266,000 |
2,266,000 |
| (a) DWI Lab Analysis; Trunk Highway Fund |
||||||
Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $1,941,000 each year
is from the trunk highway fund for laboratory
analysis related to driving-while-impaired
cases.
| (b) Criminal History System |
||||||
$50,000 the first year and $580,000 the
second year from the general fund and,
notwithstanding Minnesota Statutes, section
299A.705, subdivision 4, $3,000,000 the
first year and $2,000,000 the second year
from the vehicle services account in the
special revenue fund are to replace the state
criminal history system. This appropriation
is available until expended. Of this amount,
$2,980,000 the first year and $2,580,000
the second year are for a onetime transfer
to the Office of Enterprise Technology for
start-up costs. Service level agreements
must document all project-related transfers
under this paragraph. Ongoing operating
and support costs for this system shall
be identified and incorporated into future
service level agreements.
The commissioner is authorized to use funds
appropriated under this paragraph for the
purposes specified in paragraph (c).
The general fund base for this program is
$4,930,000 in fiscal year 2016 and $417,000
in fiscal year 2017.
| (c) Criminal Reporting System |
||||||
$1,360,000 the first year and $1,360,000 the
second year from the general fund are to
replace the state's crime reporting system
new text begin and include one full-time equivalent business
analystnew text end . This appropriation is available until
expended. Of these amounts, $1,360,000
the first year and deleted text begin $1,360,000deleted text end new text begin $1,290,000
new text end the second year are for a onetime transfer
to the Office of Enterprise Technology for
start-up costs. Service level agreements
must document all project-related transfers
under this paragraph. Ongoing operating
and support costs for this system shall
be identified and incorporated into future
service level agreements.
The commissioner is authorized to use funds
appropriated under this paragraph for the
purposes specified in paragraph (b).
The base funding for this program is
$1,360,000 in fiscal year 2016 and $380,000
in fiscal year 2017.
| (d) Forensic Laboratory |
||||||
$125,000 the first year and $125,000 the
second year from the general fund and,
notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $125,000 the first
year and $125,000 the second year from the
trunk highway fund are to replace forensic
laboratory equipment at the Bureau of
Criminal Apprehension.
$200,000 the first year and $200,000 the
second year from the general fund and,
notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $200,000 the first
year and $200,000 the second year from the
trunk highway fund are to improve forensic
laboratory staffing at the Bureau of Criminal
Apprehension.
| (e) Livescan Fingerprinting |
||||||
$310,000 the first year and $389,000 the
second year from the general fund are to
maintain Livescan fingerprinting machines.
| (f) Report |
||||||
If the vehicle services special revenue account
accrues an unallocated balance in excess
of 50 percent of the previous fiscal year's
expenditures, the commissioner of public
safety shall submit a report to the chairs
and ranking minority members of the house
of representatives and senate committees
with jurisdiction over transportation and
public safety policy and finance. The report
must contain specific policy and legislative
recommendations for reducing the fund
balance and avoiding future excessive fund
balances. The report is due within three
months of the fund balance exceeding the
threshold established in this paragraph.
Sec. 8.
Laws 2013, chapter 86, article 1, section 13, is amended to read:
Sec. 13. PEACE OFFICER STANDARDS
|
$ |
3,870,000 |
$ |
3,870,000 |
||
(a) Excess Amounts Transferred
This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $3,870,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $3,870,000 must
be transferred and credited to the general
fund.
(b) Peace Officer Training
Reimbursements
$2,734,000 each year is for reimbursements
to local governments for peace officer
training costs.
(c) Training; Sexually Exploited and
Trafficked Youth
Of the appropriation in paragraph (b),
$100,000 the first year is for reimbursements
to local governments for peace officer
training costs on sexually exploited and
trafficked youth, including effectively
identifying sex trafficked victims and
traffickers, investigation techniques, and
assisting sexually exploited youth.new text begin These
funds are available until June 30, 2016.
new text end
Reimbursement shall be provided on a flat
fee basis of $100 per diem per officer.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 8
PUBLIC SAFETY AND CORRECTIONS
Section 1.
Minnesota Statutes 2012, section 13.84, subdivision 5, is amended to read:
Subd. 5.
Disclosure.
Private or confidential court services data shall not be
disclosed except:
(a) pursuant to section 13.05;
(b) pursuant to a statute specifically authorizing disclosure of court services data;
(c) with the written permission of the source of confidential data;
(d) to the court services department, parole or probation authority or state or local
correctional agency or facility having statutorily granted supervision over the individual
subject of the data;
(e) pursuant to subdivision 6; deleted text begin or
deleted text end
(f) pursuant to a valid court orderdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(g) pursuant to section 611A.06, subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2015.
new text end
Sec. 2.
Minnesota Statutes 2012, section 13.84, subdivision 6, is amended to read:
Subd. 6.
Public benefit data.
(a) The responsible authority or its designee of a
parole or probation authority or correctional agency may release private or confidential
court services data related to:
(1) criminal acts to any law enforcement agency, if necessary for law enforcement
purposes; and
(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the
extent that the data are necessary for the victim to assert the victim's legal right to restitution.
(b) A parole or probation authority, a correctional agency, or agencies that provide
correctional services under contract to a correctional agency may release to a law
enforcement agency the following data on defendants, parolees, or probationers: current
address, dates of entrance to and departure from agency programs, and dates and times of
any absences, both authorized and unauthorized, from a correctional program.
(c) The responsible authority or its designee of a juvenile correctional agency may
release private or confidential court services data to a victim of a delinquent act to the
extent the data are necessary to enable the victim to assert the victim's right to request
notice of release under section 611A.06. The data that may be released include only the
name, home address, and placement site of a juvenile who has been placed in a juvenile
correctional facility as a result of a delinquent act.
new text begin
(d) Upon the victim's written or electronic request and, if the victim and offender
have been household or family members as defined in section 518B.01, subdivision 1,
paragraph (b), the commissioner of corrections or the commissioner's designee may
disclose to the victim of an offender convicted of a crime pursuant to section 609.02,
subdivision 16, notification of the city and five-digit zip code of the offender's residency
upon or after release from a Department of Corrections facility, unless:
new text end
new text begin
(1) the offender is not supervised by the commissioner of corrections or the
commissioner's designee at the time of the victim's request;
new text end
new text begin
(2) the commissioner of corrections or the commissioner's designee does not have
the city or zip code; or
new text end
new text begin
(3) the commissioner of corrections or the commissioner's designee reasonably
believes that disclosure of the city or zip code of the offender's residency creates a risk
to the victim, offender, or public safety.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2015.
new text end
Sec. 3.
Minnesota Statutes 2012, section 243.167, subdivision 1, is amended to read:
Subdivision 1.
Definition.
As used in this section, "crime against the person" means
a violation of any of the following or a similar law of another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223;
609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision deleted text begin 2deleted text end new text begin 3new text end ; 609.498, subdivision
1; 609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of
section 609.229; 609.377; 609.749; or 624.713.
Sec. 4.
Minnesota Statutes 2012, section 299F.012, subdivision 1, is amended to read:
Subdivision 1.
Authorized programs within department.
From the revenues
appropriated from the fire safety account, established under section 297I.06, subdivision
3, the commissioner of public safety may expend funds for the activities and programs
identified by the advisory committee established under subdivision 2 and recommended
to the commissioner of public safety. new text begin The commissioner shall not expend funds without
the recommendation of the advisory committee established under subdivision 2. new text end The
commissioner shall not expend funds without the recommendation of the advisory
committee established under subdivision 2. These funds are to be used to provide
resources needed for identified activities and programs of the Minnesota fire service and to
ensure the State Fire Marshal Division responsibilities are fulfilled.
Sec. 5.
Minnesota Statutes 2012, section 299F.012, subdivision 2, is amended to read:
Subd. 2.
Fire Service Advisory Committee.
new text begin (a) new text end The Fire Service Advisory
Committee shall provide recommendations to the commissioner of public safety on
fire service-related issues and shall consist of representatives of each of the following
organizations: two appointed by the president of the Minnesota State Fire Chiefs
Association, two appointed by the president of the Minnesota State Fire Department
Association, two appointed by the president of the Minnesota Professional Fire Fighters,
two appointed by the president of the League of Minnesota Cities, one appointed by the
president of the Minnesota Association of Townships, one appointed by the president
of the Insurance Federation of Minnesota, one appointed jointly by the presidents of
the Minnesota Chapter of the International Association of Arson Investigators and the
Fire Marshals Association of Minnesota, and the commissioner of public safety or the
commissioner's designee. The commissioner of public safety must ensure that at least
three of the members of the advisory committee work and reside in counties outside of the
seven-county metropolitan area. The committee shall provide funding recommendations
to the commissioner of public safety from the fire safety fund for the following purposes:
(1) for the Minnesota Board of Firefighter Training and Education;
(2) for programs and staffing for the State Fire Marshal Division; and
(3) for fire-related regional response team programs and any other fire service
programs that have the potential for statewide impact.
new text begin
(b) The committee under paragraph (a) does not expire.
new text end
Sec. 6.
Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:
Subd. 2.
Stay of sentence maximum periods.
(a) If the conviction is for a felony
other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
more than four years or the maximum period for which the sentence of imprisonment
might have been imposed, whichever is longer.
(b) If the conviction is for a gross misdemeanor violation of section 169A.20
or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21,
subdivision 1a, paragraph (b) or (c), the stay shall be for not more than six years. The
court shall provide for unsupervised probation for the last year of the stay unless the court
finds that the defendant needs supervised probation for all or part of the last year.
new text begin
(c) If the conviction is for a gross misdemeanor violation of section 609.3451,
subdivision 1, the stay shall be for not more than six years.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end If the conviction is for a gross misdemeanor not specified in paragraph (b),
the stay shall be for not more than two years.
deleted text begin (d)deleted text end new text begin (e)new text end If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or
609.224, subdivision 1, in which the victim of the crime was a family or household
member as defined in section 518B.01, the stay shall be for not more than two years. The
court shall provide for unsupervised probation for the second year of the stay unless the
court finds that the defendant needs supervised probation for all or part of the second year.
deleted text begin (e)deleted text end new text begin (f)new text end If the conviction is for a misdemeanor not specified in paragraph deleted text begin (d)deleted text end new text begin (e)new text end , the
stay shall be for not more than one year.
deleted text begin (f)deleted text end new text begin (g)new text end The defendant shall be discharged six months after the term of the stay
expires, unless the stay has been revoked or extended under paragraph deleted text begin (g)deleted text end new text begin (h)new text end , or the
defendant has already been discharged.
deleted text begin (g)deleted text end new text begin (h)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f)deleted text end new text begin (g)new text end , a court may extend a defendant's term of probation for up to one
year if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution in accordance with the
payment schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes before the
term of probation expires.
This one-year extension of probation for failure to pay restitution may be extended by
the court for up to one additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the court-ordered restitution
that the defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104.
deleted text begin (h)deleted text end new text begin (i)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f)deleted text end new text begin (g)new text end , a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:
Subd. 3.
Felony.
A person is guilty of a felony and may be sentenced to
imprisonment for not more than deleted text begin fivedeleted text end new text begin tennew text end years or to payment of a fine of not more than
$10,000, or both, if the person violates deleted text begin subdivision 1, clause (2),deleted text end new text begin this section within ten
yearsnew text end after having been previously convicted of deleted text begin or adjudicated delinquent fordeleted text end violating
deleted text begin subdivision 1, clause (2)deleted text end new text begin this section; sections 609.342 to 609.345; or 609.3453new text end ; deleted text begin section
deleted text end 617.23deleted text begin , subdivision 2, clause (1)deleted text end ; new text begin 617.247; new text end or a statute from another state in conformity
deleted text begin with subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1)deleted text end new text begin therewithnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2012, section 611A.06, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Offender location. new text end
new text begin
(a) Upon the victim's written or electronic request
and if the victim and offender have been household or family members as defined in
section 518B.01, subdivision 2, paragraph (b), the commissioner of corrections or the
commissioner's designee shall disclose to the victim of an offender convicted of a crime
pursuant to section 609.02, subdivision 16, notification of the city and five-digit zip code
of the offender's residency upon release from a Department of Corrections facility, unless:
new text end
new text begin
(1) the offender is not supervised by the commissioner of corrections or the
commissioner's designee at the time of the victim's request;
new text end
new text begin
(2) the commissioner of corrections or the commissioner's designee does not have
the city or zip code; or
new text end
new text begin
(3) the commissioner of corrections or the commissioner's designee reasonably
believes that disclosure of the city or zip code of the offender's residency creates a risk
to the victim, offender, or public safety.
new text end
new text begin
(b) All identifying information regarding the victim including, but not limited to, the
notification provided by the commissioner of corrections or the commissioner's designee
is classified as private data on individuals as defined in section 13.02, subdivision 12, and
is accessible only to the victim.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 15, 2015.
new text end
Sec. 9. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
In the next edition of Minnesota Statutes, the revisor of statutes shall change the
headnote of section 609.3451, subdivision 2, from "Penalty" to "Gross misdemeanor."
new text end
ARTICLE 9
DISASTER ASSISTANCE FOR PUBLIC ENTITIES; FEDERAL AID GRANTED
Section 1.
Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision
to read:
new text begin Subd. 5d. new text end
new text begin Local government. new text end
new text begin
"Local government" has the meaning given in Code
of Federal Regulations, title 44, section 206.2 (2012).
new text end
Sec. 2.
Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision to
read:
new text begin Subd. 6b. new text end
new text begin Nonfederal share. new text end
new text begin
"Nonfederal share" has the meaning given in section
12A.02, subdivision 7.
new text end
Sec. 3.
Minnesota Statutes 2012, section 12.221, subdivision 4, is amended to read:
Subd. 4.
Subgrant agreementsnew text begin ; state sharenew text end .
new text begin (a) new text end The state director, serving as the
governor's authorized representative, may enter into subgrant agreements with eligible
applicants to provide federal and state financial assistance made available as a result
of a disaster declaration.
new text begin
(b) When state funds are used to provide the FEMA Public Assistance Program
cost-share requirement for a local government, the state director must award a local
government 100 percent of the nonfederal share of the local government's FEMA Public
Assistance Program costs.
new text end
Sec. 4.
Minnesota Statutes 2012, section 12.221, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Disaster assistance contingency account; appropriation. new text end
new text begin
(a) A disaster
assistance contingency account is created in the general fund in the state treasury. Money
in the disaster assistance contingency account is appropriated to the commissioner of
public safety to provide:
new text end
new text begin
(1) cost-share for federal assistance under section 12A.15, subdivision 1; and
new text end
new text begin
(2) state public disaster assistance to eligible applicants under chapter 12B.
new text end
new text begin
(b) For appropriations under paragraph (a), clause (1), the amount appropriated is
100 percent of any nonfederal share for state agencies and local governments. Money
appropriated under paragraph (a), clause (1), may be used to pay all or a portion of the
nonfederal share for publicly owned capital improvement projects.
new text end
new text begin
(c) For appropriations under paragraph (a), clause (2), the amount appropriated
is the amount required to pay eligible claims under chapter 12B, as certified by the
commissioner of public safety.
new text end
new text begin
(d) If the amount appropriated is insufficient to cover costs for paragraph (a), clauses
(1) and (2), the commissioner of public safety shall pay up to an additional $4,000,000
from the general fund appropriation provided under this paragraph. No payment shall be
made under this paragraph until:
new text end
new text begin
(1) the commissioner of public safety has given the commissioner of management
and budget an estimate of the additional funds required;
new text end
new text begin
(2) the commissioner of management and budget has reported the estimate to the
chairs of the house of representatives Ways and Means Committee and the senate Finance
Committee; and
new text end
new text begin
(3) the commissioner of management and budget has approved the payments.
new text end
new text begin
(e) Amounts approved by the commissioner of management and budget, up to
$4,000,000 per fiscal year, are appropriated from the general fund to the commissioner
of public safety. By January 15 of each year, the commissioner of management and
budget shall submit a report to the chairs of the house of representatives Ways and
Means Committee and the senate Finance Committee detailing state disaster assistance
appropriations and expenditures under this subdivision during the previous calendar year.
new text end
new text begin
(f) The governor's budget proposal submitted to the legislature under section 16A.11
must include recommended appropriations to the disaster assistance contingency account.
The governor's appropriation recommendations must be informed by the commissioner of
public safety's estimate of the amount of money that will be necessary to:
new text end
new text begin
(1) provide 100 percent of the nonfederal share for state agencies and local
governments that will receive federal financial assistance from FEMA during the next
biennium; and
new text end
new text begin
(2) fully pay all eligible claims under chapter 12B.
new text end
new text begin
(g) Notwithstanding section 16A.28:
new text end
new text begin
(1) funds appropriated or transferred to the disaster assistance contingency account
do not lapse but remain in the account until appropriated; and
new text end
new text begin
(2) funds appropriated from the disaster assistance contingency account do not lapse
and are available until expended.
new text end
Sec. 5.
Minnesota Statutes 2012, section 12A.02, subdivision 2, is amended to read:
Subd. 2.
Appropriation.
"Appropriation" means an appropriation provided in law
specifically to implement this chapternew text begin , including but not limited to a statutory appropriation
to provide the required cost-share for federal disaster assistance under section 12.221new text end .
Sec. 6.
Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Local government. new text end
new text begin
"Local government" has the meaning given in section
12.03, subdivision 5d.
new text end
Sec. 7.
Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Nonfederal share. new text end
new text begin
"Nonfederal share" means that portion of total FEMA
Public Assistance Program costs that is no more than 25 percent and is not eligible for
FEMA reimbursement.
new text end
Sec. 8.
Minnesota Statutes 2012, section 12A.03, subdivision 3, is amended to read:
Subd. 3.
Nonduplication of federal assistance.
State assistance may not duplicate
or supplement eligible FEMA Public Assistance Program assistance. For eligible Public
Assistance Program costs, any state deleted text begin matchingdeleted text end new text begin cost-sharenew text end money made available for
that assistance must be disbursed by the Department of Public Safety to a state agency,
local deleted text begin political subdivision, Indian tribedeleted text end new text begin governmentnew text end , or other applicant. State assistance
distributed by a state agency, other than the Department of Public Safety, to a deleted text begin political
subdivisiondeleted text end new text begin local governmentnew text end or other applicant for disaster costs that are eligible for
FEMA Public Assistance Program assistance constitutes an advance of funds. Such
advances must be repaid to the applicable state agency when the applicant has received
the FEMA Public Assistance Program assistance, and whatever state deleted text begin matchingdeleted text end new text begin cost-share
new text end money may be made available for that assistance, from the Department of Public Safety.
Sec. 9.
Minnesota Statutes 2012, section 12A.15, subdivision 1, is amended to read:
Subdivision 1.
State deleted text begin matchdeleted text end new text begin cost-sharenew text end for federal assistance.
State appropriations
may be used deleted text begin for payment of the state match for federal disaster assistancedeleted text end to new text begin pay 100
percent of the nonfederal share for new text end state agenciesdeleted text begin . If authorized in law, state appropriations
may be used to pay all or a portion of the local share of the match for federal funds for
political subdivisionsdeleted text end new text begin and local governmentsnew text end under section 12.221. An appropriation from
the bond proceeds fund may be used deleted text begin to fund federal match obligationsdeleted text end new text begin as cost-share for
federal disaster assistancenew text end for publicly owned capital improvement projects deleted text begin resulting from
the receipt of federal disaster assistancedeleted text end .
Sec. 10.
Minnesota Statutes 2012, section 16A.28, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Disaster assistance. new text end
new text begin
(a) The commissioner of management and budget
must transfer the unexpended and unencumbered balance of a general fund disaster
assistance appropriation that expires as provided under this section or as otherwise provided
by law to the disaster assistance contingency account in section 12.221, subdivision 6.
new text end
new text begin
(b) Expired disaster assistance transferred to the disaster assistance contingency
account is appropriated as provided under section 12.221, subdivision 6, regardless of the
specific disaster event or purpose for which the expired disaster assistance was originally
appropriated.
new text end
new text begin
(c) The commissioner must report each transfer to the chairs of the house of
representatives Ways and Means Committee and the senate Finance Committee.
new text end
new text begin
(d) For the purposes of this subdivision, "disaster assistance appropriation" means
an appropriation from the general fund to provide cost-share required for federal disaster
assistance or to provide other state disaster assistance under chapter 12A or 12B.
new text end
Sec. 11. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
ARTICLE 10
DISASTER ASSISTANCE FOR PUBLIC ENTITIES; ABSENT FEDERAL AID
Section 1.
new text begin
[12B.10] PUBLIC DISASTER ASSISTANCE; ABSENT FEDERAL
AID.
new text end
new text begin
This chapter establishes a state public assistance program to provide cost-share
assistance to local governments that sustain significant damage on a per capita basis but
are not eligible for federal disaster assistance or corresponding state assistance under
chapter 12A.
new text end
Sec. 2.
new text begin
[12B.15] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
The definitions in this section apply to this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Applicant. new text end
new text begin
"Applicant" means a local government that applies for state
disaster assistance under this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of public safety.
new text end
new text begin Subd. 4. new text end
new text begin Director. new text end
new text begin
"Director" means the director of the Division of Homeland
Security and Emergency Management in the Department of Public Safety.
new text end
new text begin Subd. 5. new text end
new text begin Disaster. new text end
new text begin
"Disaster" means any catastrophe, including but not limited
to a tornado, storm, high water, wind-driven water, tidal wave, earthquake, volcanic
eruption, landslide, mudslide, snowstorm, or drought or, regardless of cause, any fire,
flood, or explosion.
new text end
new text begin Subd. 6. new text end
new text begin FEMA. new text end
new text begin
"FEMA" means the Federal Emergency Management Agency.
new text end
new text begin Subd. 7. new text end
new text begin Incident period. new text end
new text begin
"Incident period" means the time interval of a disaster as
delineated by specific start and end dates.
new text end
new text begin Subd. 8. new text end
new text begin Local government. new text end
new text begin
"Local government" has the meaning given in section
12A.03, subdivision 5d.
new text end
Sec. 3.
new text begin
[12B.25] ELIGIBILITY CRITERIA; CONSIDERATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Payment required; eligibility criteria. new text end
new text begin
The director, serving as
the governor's authorized representative, may enter into grant agreements with eligible
applicants to provide state financial assistance made available as a result of a disaster
that satisfies all of the following criteria:
new text end
new text begin
(1) the state and applicable local government declares a disaster or emergency
during the incident period;
new text end
new text begin
(2) damages suffered and eligible costs incurred are the direct result of the disaster;
new text end
new text begin
(3) federal disaster assistance is not available to the applicant because the governor
did not request a presidential declaration of major disaster, the president denied the
governor's request, or the applicant is not eligible for federal disaster assistance because
the state or county did not meet the per capita impact indicator under FEMA's Public
Assistance Program;
new text end
new text begin
(4) the applicant incurred eligible damages that, on a per capita basis, equal or
exceed 50 percent of the countywide per capita impact indicator under FEMA's Public
Assistance Program;
new text end
new text begin
(5) the applicant assumes responsibility for 25 percent of the applicant's total
eligible costs; and
new text end
new text begin
(6) the applicant satisfies all requirements in this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Considerations; other resources available. new text end
new text begin
When evaluating applicant
eligibility under subdivision 1, the director must consider:
new text end
new text begin
(1) the availability of other resources from federal, state, local, private, or other
sources; and
new text end
new text begin
(2) the availability or existence of insurance.
new text end
Sec. 4.
new text begin
[12B.30] ELIGIBLE COSTS.
new text end
new text begin Subdivision 1. new text end
new text begin Eligible costs. new text end
new text begin
Costs eligible for payment under this chapter are
those costs that would be eligible for federal financial assistance under FEMA's Public
Assistance Program.
new text end
new text begin Subd. 2. new text end
new text begin Ineligible costs. new text end
new text begin
Ineligible costs are all costs not included in subdivision
1, including but not limited to:
new text end
new text begin
(1) ordinary operating expenses, including salaries and expenses of employees and
public officials that are not directly related to the disaster response;
new text end
new text begin
(2) costs for which payment has been or will be received from any other funding
source;
new text end
new text begin
(3) disaster-related costs that should, in the determination of the director, be covered
and compensated by insurance; and
new text end
new text begin
(4) projects and claims totaling less than the minimum FEMA project threshold.
new text end
Sec. 5.
new text begin
[12B.35] APPLICANT'S SHARE.
new text end
new text begin
An applicant's share of eligible costs incurred must not be less than 25 percent. The
substantiated value of donated materials, equipment, services, and labor may be used as
all or part of the applicant's share of eligible costs, subject to the following:
new text end
new text begin
(1) all items and sources of donation must be indicated on the application and any
supporting documentation submitted to the commissioner;
new text end
new text begin
(2) the rate for calculating the value of donated, nonprofessional labor is the
prevailing federal minimum wage;
new text end
new text begin
(3) the value of donated equipment may not exceed the highway equipment rates
approved by the commissioner of transportation; and
new text end
new text begin
(4) the value of donated materials and professional services must conform to market
rates and be established by invoice.
new text end
Sec. 6.
new text begin
[12B.40] APPLICATION PROCESS.
new text end
new text begin
(a) The director must develop application materials and may update the materials as
needed. Application materials must include instructions and requirements for assistance
under this chapter.
new text end
new text begin
(b) An applicant has 30 days from the end of the incident period or the president's
official denial of the governor's request for a declaration of a major disaster to provide the
director with written notice of intent to apply. The director may deny an application due to
a late notice of intent to apply.
new text end
new text begin
(c) Within 60 days after the end of the incident period or the president's official denial
of the governor's request for a declaration of a major disaster, the applicant must submit a
complete application to the director. A complete application includes the following:
new text end
new text begin
(1) the cause, location of damage, and incident period;
new text end
new text begin
(2) documentation of a local, tribal, county, or state disaster or emergency
declaration in response to the disaster;
new text end
new text begin
(3) a description of damages, an initial damage assessment, and the amount of
eligible costs incurred by the applicant;
new text end
new text begin
(4) a statement or evidence that the applicant has the ability to pay for at least 25
percent of total eligible costs incurred from the disaster; and
new text end
new text begin
(5) a statement or evidence that the local government has incurred damages equal to
or exceeding 50 percent of the federal countywide threshold in effect during the incident
period.
new text end
new text begin
(d) The director must review the application and supporting documentation for
completeness and may return the application with a request for more detailed information.
The director may consult with local public officials to ensure the application reflects the
extent and magnitude of the damage and to reconcile any differences. The application is
not complete until the director receives all requested information.
new text end
new text begin
(e) If the director returns an application with a request for more detailed information
or for correction of deficiencies, the applicant must submit all required information within
30 days of the applicant's receipt of the director's request. The applicant's failure to
provide the requested information in a timely manner without a reasonable explanation
may be cause for denial of the application.
new text end
new text begin
(f) The director has no more than 60 days from the receipt of a complete application
to approve or deny the application, or the application is deemed approved. If the director
denies an application, the director must send a denial letter. If the director approves an
application or the application is automatically deemed approved after 60 days, the director
must notify the applicant of the steps necessary to obtain reimbursement of eligible
costs, including submission of invoices or other documentation substantiating the costs
submitted for reimbursement.
new text end
Sec. 7.
new text begin
[12B.45] CLAIMS PROCESS.
new text end
new text begin Subdivision 1. new text end
new text begin Claims; appeal. new text end
new text begin
(a) An applicant must submit to the director
completed claims for payment of actual and eligible costs on forms provided by the
director. All eligible costs claimed for payment must be documented and consistent with
the eligibility provisions of this chapter.
new text end
new text begin
(b) If the director denies an applicant's claim for payment, the applicant has 30 days
from receipt of the director's determination to appeal in writing to the commissioner. The
appeal must include the applicant's rationale for reversing the director's determination. The
commissioner has 30 days from receipt of the appeal to uphold or modify the director's
determination and formally respond to the applicant. If, within 30 days of receiving
the commissioner's decision, the applicant notifies the commissioner that the applicant
intends to contest the commissioner's decision, the Office of Administrative Hearings shall
conduct a hearing under the contested case provisions of chapter 14.
new text end
new text begin Subd. 2. new text end
new text begin Final inspection. new text end
new text begin
Upon completion of all work by an applicant, the
director may inspect all work claimed by the applicant. The applicant must provide the
director with access to records pertaining to all claimed work and must permit the director
to review all records relating to the work.
new text end
new text begin Subd. 3. new text end
new text begin Closeout. new text end
new text begin
The director must close out an applicant's disaster assistance
application after all of the following occur:
new text end
new text begin
(1) eligible work is complete;
new text end
new text begin
(2) the applicant receives the final amount due or pays any amount owed under
section 12B.50; and
new text end
new text begin
(3) any extant or scheduled audits are complete.
new text end
new text begin Subd. 4. new text end
new text begin Audit. new text end
new text begin
(a) An applicant must account for all funds received under this
chapter in conformance with generally accepted accounting principles and practices. The
applicant must maintain detailed records of expenditures to show that grants received under
this chapter were used for the purpose for which the payment was made. The applicant
must maintain records for five years and make the records available for inspection and
audit by the director or the state auditor. The applicant must keep all financial records for
five years after the final payment, including but not limited to all invoices and canceled
checks or bank statements that support all eligible costs claimed by the applicant.
new text end
new text begin
(b) The director or state auditor may audit all applicant records pertaining to an
application or payment under this chapter.
new text end
new text begin Subd. 5. new text end
new text begin Reporting payments. new text end
new text begin
The director must post on the division Web site a
list of the recipients and amounts of the payments made under this chapter.
new text end
Sec. 8.
new text begin
[12B.50] FUNDING FROM OTHER SOURCES; REPAYMENT
REQUIRED.
new text end
new text begin
If an applicant subsequently recovers eligible costs from another source after
receiving payment under this chapter, the applicant must pay the commissioner an amount
equal to the corresponding state funds received within 30 days. The commissioner must
deposit any repayment in the disaster response contingency account in section 12.221,
subdivision 6.
new text end
Sec. 9. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
TRANSPORTATION
ARTICLE 11
TRANSPORTATION APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.new text end
|
new text begin
The sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2013, chapter 117, article 1, unless otherwise specified, to the
agencies and for the purposes specified in this article. Unless otherwise specified, the
appropriations are not added to the base appropriation for each purpose. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2014" and "2015" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2014, or
June 30, 2015, respectively. For purposes of this article, "the first year" is fiscal year 2014,
"the second year" is fiscal year 2015, and "the biennium" is fiscal years 2014 and 2015.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2014 new text end |
new text begin
2015 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
10,000,000 new text end |
new text begin
$ new text end |
new text begin
42,732,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Multimodal Systems
|
||||||
|
new text begin
(a) Election Day Transit Service new text end |
new text begin
32,000 new text end |
|||||
new text begin
This appropriation is for allocation to public
transit systems under Minnesota Statutes,
section 174.24, in amounts that reflect the
respective foregone fare revenues from
transit service under Minnesota Statutes,
section 174.24, subdivision 8.
new text end
|
new text begin
(b) Safe Routes to School new text end |
new text begin
250,000 new text end |
|||||
new text begin
This appropriation is for non-infrastructure
activities in the safe routes to school program
under Minnesota Statutes, section 174.40,
subdivision 7a.
new text end
|
new text begin
(c) Highway-Rail Grade Crossings; Oil and Other Hazardous Material new text end |
new text begin
5,000,000 new text end |
|||||
new text begin
This appropriation is for development and
implementation of safety improvements at
highway grade crossings along rail corridors
in which oil or other hazardous materials are
transported. The commissioner shall identify
highway-rail grade crossing locations and
improvements in consultation with railroads
and relevant road authorities.
new text end
|
new text begin
(d) Port Development Assistance Program new text end |
new text begin
500,000 new text end |
|||||
new text begin
This appropriation is for grants under the
port development assistance program in
Minnesota Statutes, chapter 457A.
new text end
new text begin Subd. 3. new text end
new text begin
State Roads
|
||||||
|
new text begin
(a) new text begin Winter-Related Trunk Highway Repair new text end new text end |
new text begin
10,000,000 new text end |
|||||
new text begin
This appropriation is from the trunk highway
fund for materials and supplies related to
road repair resulting from effects of the
2013-2014 winter season.
new text end
|
new text begin
(b) Transportation Economic Development Program new text end |
new text begin
4,000,000 new text end |
|||||
new text begin
This appropriation is for the transportation
economic development program under
Minnesota Statutes, section 174.12.
new text end
|
new text begin
(c) Corridors of Commerce Program new text end |
new text begin
10,000,000 new text end |
|||||
new text begin
This appropriation is for the corridors
of commerce program under Minnesota
Statutes, section 161.088, and may include
right-of-way acquisition for projects included
in the program. The commissioner may
identify projects based on the most recent
selection process or may perform a new
selection.
new text end
new text begin Subd. 4. new text end
new text begin
Local Roads
|
||||||
|
new text begin
(a) Winter-Related County State-Aid Road Repair new text end |
new text begin
11,448,000 new text end |
|||||
new text begin
This appropriation is for materials and
supplies related to road repair resulting from
effects of the 2013-2014 winter season.
new text end
new text begin
By September 1, 2014, the commissioner
shall apportion funds to counties in the
same manner as county state-aid highway
funds provided for calendar year 2014 under
Minnesota Statutes, section 162.07.
new text end
|
new text begin
(b) Winter-Related Municipal State-Aid Road Repair new text end |
new text begin
3,552,000 new text end |
|||||
new text begin
This appropriation is for materials and
supplies related to road repair resulting from
effects of the 2013-2014 winter season.
new text end
new text begin
By September 1, 2014, the commissioner
shall apportion funds to cities in the same
manner as municipal state-aid street funds
provided for calendar year 2014 under
Minnesota Statutes, section 162.13.
new text end
new text begin Subd. 5. new text end
new text begin
Willmar District Headquarters
|
new text begin
4,370,000 new text end |
|||||
new text begin
This appropriation is from the trunk
highway fund to complete the Willmar
district headquarters and is added to the
appropriation in Laws 2012, chapter 287,
article 1, section 1, subdivision 2.
new text end
new text begin Subd. 6. new text end
new text begin
Little Falls Truck Station
|
new text begin
3,580,000 new text end |
|||||
new text begin
This appropriation is from the trunk highway
fund to complete the Little Falls truck station
and is added to the appropriation in Laws
2010, chapter 189, section 15, subdivision 15.
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. new text begin METROPOLITAN COUNCIL
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
10,400,000 new text end |
||||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Transit Development and
|
new text begin
10,150,000 new text end |
|||||
new text begin
This appropriation is for:
new text end
new text begin
(1) arterial bus rapid transit development,
which may include but is not limited to
design, engineering, construction, capital
costs, technology, equipment, and rolling
stock;
new text end
new text begin
(2) bus rapid transit station development;
new text end
new text begin
(3) transit shelter improvements under
Minnesota Statutes, section 473.41; and
new text end
new text begin
(4) foregone fare revenues from transit
service under Minnesota Statutes, section
473.408, subdivision 11. The Metropolitan
Council shall allocate amounts under this
appropriation to transit providers receiving
financial assistance under Minnesota
Statutes, section 473.388, based on
respective foregone fare revenues.
new text end
new text begin Subd. 3. new text end
new text begin
Suburban Transit Providers
|
new text begin
250,000 new text end |
|||||
new text begin
This appropriation is for allocation to
replacement service providers operating
under Minnesota Statutes, section 473.388,
as provided in this subdivision.
new text end
new text begin
Upon receipt of a prioritized listing of
expenditure items and amounts submitted
by the Suburban Transit Association, or by
all replacement service providers jointly,
the Metropolitan Council shall distribute all
funds appropriated under this subdivision to
each identified replacement service provider,
following the priority order in the listing. An
expenditure item in the listing must be for
nonoperating transit-related expenses.
new text end
Sec. 4. new text begin DEPARTMENT OF PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
2,060,000 new text end |
||||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Transit Safety Oversight
|
new text begin
60,000 new text end |
|||||
new text begin
$60,000 in the second year is for light rail
transit safety oversight under Minnesota
Statutes, section 299A.017, and is added to
the base appropriation for the administration
and related services program.
new text end
new text begin Subd. 3. new text end
new text begin
Capitol Security
|
new text begin
2,000,000 new text end |
|||||
new text begin
This appropriation is for an increase in
the number of State Patrol troopers or
other security officers assigned to the
Capitol complex, and is added to the base
appropriation for the capitol security budget
activity.
new text end
Sec. 5. new text begin TRANSFER; RAILROAD AND PIPELINE SAFETY.
new text end
new text begin
On or before July 31, 2014, the commissioner of management and budget shall
transfer $2,500,000 from the general fund to the railroad and pipeline safety account in the
special revenue fund under Minnesota Statutes, section 299A.55. This is a onetime transfer.
new text end
Sec. 6.
Laws 2010, chapter 189, section 15, subdivision 12, is amended to read:
Subd. 12.Rochester Maintenance Facility
|
deleted text begin
26,430,000 deleted text end new text begin 24,937,000 new text end |
|||||
This appropriation is from the bond proceeds
account in the trunk highway fund.
To prepare a site for and design, construct,
furnish, and equip a new maintenance facility
in Rochester.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Laws 2010, chapter 189, section 26, subdivision 4, is amended to read:
Subd. 4.
Trunk highway fund bond proceeds account.
To provide the money
appropriated in this act from the bond proceeds account in the trunk highway fund, the
commissioner of management and budget shall sell and issue bonds of the state in an
amount up to deleted text begin $32,945,000deleted text end new text begin $31,452,000 new text end in the manner, upon the terms, and with the effect
prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota
Constitution, article XIV, section 11, at the times and in the amounts requested by the
commissioner of transportation. The proceeds of the bonds, except accrued interest and
any premium received from the sale of the bonds, must be credited to the bond proceeds
account in the trunk highway fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Laws 2012, chapter 287, article 2, section 1, is amended to read:
Section 1. ROCHESTER MAINTENANCE FACILITY.
deleted text begin $16,100,000deleted text end new text begin $17,593,000new text end is appropriated to the commissioner of transportation
to design, construct, furnish, and equip the maintenance facility in Rochester and
corresponding remodeling of the existing district headquarters building. This appropriation
is from the bond proceeds account in the trunk highway fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Laws 2012, chapter 287, article 2, section 3, is amended to read:
Sec. 3. TRUNK HIGHWAY FUND BOND PROCEEDS ACCOUNT.
To provide the money appropriated in this article from the bond proceeds account in
the trunk highway fund, the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to deleted text begin $16,120,000deleted text end new text begin $17,613,000new text end in the manner, upon the
terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52,
and by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts
requested by the commissioner of transportation. The proceeds of the bonds, except
accrued interest and any premium received from the sale of the bonds, must be credited
to the bond proceeds account in the trunk highway fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Laws 2012, First Special Session chapter 1, article 1, section 28, is amended
to read:
Sec. 28. TRANSFERS, REDUCTIONS, CANCELLATIONS, AND BOND
SALE AUTHORIZATIONS REDUCED.
(a) The remaining balance of the appropriation in Laws 2010, Second Special
Session chapter 1, article 1, section 7, for the economic development and housing
challenge program, estimated to be $450,000, is transferred to the general fund.
(b) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 5, for Minnesota investment fund grants pursuant to Minnesota Statutes, section
12A.07, is reduced by $1,358,000.
(c) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 12, subdivision 2, for disaster enrollment impact aid pursuant to Minnesota
Statutes, section 12A.06, is reduced by $30,000.
(d) The appropriation in Laws 2010, Second Special Session chapter 1, article
1, section 12, subdivision 3, for disaster relief facilities grants pursuant to Minnesota
Statutes, section 12A.06, is reduced by $392,000.
(e) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 12, subdivision 4, for disaster relief operating grants pursuant to Minnesota
Statutes, section 12A.06, is reduced by $2,000.
(f) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 12, subdivision 5, for pupil transportation aid pursuant to Minnesota Statutes,
section 12A.06, is reduced by $5,000.
(g) The appropriation in Laws 2010, Second Special Session chapter 1, article 2,
section 5, subdivision 3, for pupil transportation aid pursuant to Minnesota Statutes,
section 12A.06, is reduced by $271,000.
(h) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 13, for public health activities pursuant to Minnesota Statutes, section 12A.08,
is reduced by $103,000.
(i) deleted text begin $1,428,000deleted text end new text begin $534,000new text end of the appropriation in Laws 2007, First Special Session
chapter 2, article 1, section 4, subdivision 3, for reconstruction and repair of trunk
highways and trunk highway bridges is canceled. The bond sale authorization in Laws
2007, First Special Session chapter 2, article 1, section 15, subdivision 2, is reduced
by deleted text begin $1,428,000deleted text end new text begin $534,000new text end .
(j) $5,680,000 of the appropriation in Laws 2007, First Special Session chapter 2,
article 1, section 4, subdivision 4, as amended by Laws 2008, chapter 289, section 2, for
grants to local governments for capital costs related to rehabilitation and replacement of
local roads and bridges damaged or destroyed by flooding pursuant to Minnesota Statutes,
section 174.50, is canceled. The bond sale authorization in Laws 2007, First Special
Session chapter 2, article 1, section 15, subdivision 3, is reduced by $5,680,000.
(k) $2,133,000 of the appropriation in Laws 2010, Second Special Session chapter 1,
article 1, section 4, subdivision 3, for local road and bridge rehabilitation and replacement
pursuant to Minnesota Statutes, section 12A.16, subdivision 3, is canceled. The bond
sale authorization in Laws 2010, Second Special Session chapter 1, article 1, section 17,
subdivision 2, is reduced by $2,133,000.
(l) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 4, subdivision 2, for state road infrastructure operations and maintenance pursuant
to Minnesota Statutes, section 12A.16, subdivision 1, is reduced by $819,000.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Laws 2013, chapter 117, article 1, section 3, subdivision 2, is amended to read:
Subd. 2.Multimodal Systems
|
||||||
(a) Aeronautics
| (1) Airport Development and Assistance |
deleted text begin
13,648,000 deleted text end new text begin 14,648,000 new text end |
deleted text begin
13,648,000 deleted text end new text begin 16,648,000 new text end |
||||
This appropriation is from the state
airports fund and must be spent according
to Minnesota Statutes, section 360.305,
subdivision 4.
The base appropriation for fiscal years 2016
and 2017 is $14,298,000 for each year.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after appropriation.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
new text begin
For the current biennium, the commissioner
of transportation may establish different
local contribution rates for airport projects
than those established in Minnesota Statutes,
section 360.305, subdivision 4.
new text end
| (2) Aviation Support and Services |
6,386,000 |
6,386,000 |
||||
| Appropriations by Fund |
||
| Airports |
5,286,000 |
5,286,000 |
| Trunk Highway |
1,100,000 |
1,100,000 |
$65,000 in each year is from the state airports
fund for the Civil Air Patrol.
| (b) Transit |
17,226,000 |
17,245,000 |
||||
| Appropriations by Fund |
||
| General |
16,451,000 |
16,470,000 |
| Trunk Highway |
775,000 |
775,000 |
$100,000 in each year is from the general
fund for the administrative expenses of the
Minnesota Council on Transportation Access
under Minnesota Statutes, section 174.285.
$78,000 in each year is from the general
fund for grants to greater Minnesota transit
providers as reimbursement for the costs of
providing fixed route public transit rides free
of charge under Minnesota Statutes, section
174.24, subdivision 7, for veterans certified
as disabled.
| (c) Passenger Rail |
500,000 |
500,000 |
||||
This appropriation is from the general
fund for passenger rail system planning,
alternatives analysis, environmental analysis,
design, and preliminary engineering under
Minnesota Statutes, sections 174.632 to
174.636.
| (d) Freight |
5,653,000 |
5,153,000 |
||||
| Appropriations by Fund |
||
| General |
756,000 |
256,000 |
| Trunk Highway |
4,897,000 |
4,897,000 |
$500,000 in the first year is from the general
fund to pay for the department's share of costs
associated with the cleanup of contaminated
state rail bank property. This appropriation is
available until expended.
| (e) Safe Routes to School |
250,000 |
250,000 |
||||
This appropriation is from the general fund
for non-infrastructure activities in the safe
routes to school program under Minnesota
Statutes, section 174.40, subdivision 7a.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Laws 2013, chapter 117, article 1, section 3, subdivision 3, is amended to read:
Subd. 3.State Roads
|
||||||
| (a) Operations and Maintenance |
deleted text begin
262,395,000 deleted text end new text begin 287,395,000 new text end |
deleted text begin
262,395,000 deleted text end new text begin 280,395,000 new text end |
||||
new text begin
$5,000,000 in each year is for accelerated
replacement of snow plowing equipment.
new text end
new text begin
The base appropriation for operations and
maintenance for fiscal years 2016 and 2017
is $267,395,000 in each year.
new text end
| (b) Program Planning and Delivery |
206,795,000 |
deleted text begin
206,720,000 deleted text end new text begin 209,720,000 new text end |
||||
| Appropriations by Fund |
||
| 2014 |
2015 |
|
| H.U.T.D. |
75,000 |
0 |
| Trunk Highway |
206,720,000 |
deleted text begin
206,720,000 deleted text end new text begin 209,720,000 new text end |
new text begin
The base appropriation for program planning
and delivery for fiscal years 2016 and 2017
is $206,720,000 in each year.
new text end
$250,000 in each year is for the department's
administrative costs for creation and
operation of the Joint Program Office for
Economic Development and Alternative
Finance, including costs of hiring a
consultant and preparing required reports.
$130,000 in each year is available for
administrative costs of the targeted group
business program.
$266,000 in each year is available for grants
to metropolitan planning organizations
outside the seven-county metropolitan area.
$75,000 in each year is available for a
transportation research contingent account
to finance research projects that are
reimbursable from the federal government or
from other sources. If the appropriation for
either year is insufficient, the appropriation
for the other year is available for it.
$900,000 in each year is available for
grants for transportation studies outside
the metropolitan area to identify critical
concerns, problems, and issues. These
grants are available: (1) to regional
development commissions; (2) in regions
where no regional development commission
is functioning, to joint powers boards
established under agreement of two or
more political subdivisions in the region to
exercise the planning functions of a regional
development commission; and (3) in regions
where no regional development commission
or joint powers board is functioning, to the
department's district office for that region.
$75,000 in the first year is from the highway
user tax distribution fund to the commissioner
for a grant to the Humphrey School of Public
Affairs at the University of Minnesota for
WorkPlace Telework program congestion
relief efforts consisting of maintenance of
Web site tools and content. This is a onetime
appropriation and is available in the second
year.
| (c) State Road Construction Activity |
||||||
| (1) Economic Recovery Funds - Federal Highway Aid |
1,000,000 |
1,000,000 |
||||
This appropriation is to complete projects
using funds made available to the
commissioner of transportation under
title XII of the American Recovery and
Reinvestment Act of 2009, Public Law
111-5, and implemented under Minnesota
Statutes, section 161.36, subdivision 7. The
base appropriation is $1,000,000 in fiscal
year 2016 and $0 in fiscal year 2017.
| (2) State Road Construction |
deleted text begin
909,400,000 deleted text end new text begin 923,400,000 new text end |
815,600,000 |
||||
It is estimated that these appropriations will
be funded as follows:
| Appropriations by Fund |
||
| Federal Highway Aid |
489,200,000 |
482,200,000 |
| Highway User Taxes |
deleted text begin
420,200,000 deleted text end new text begin 434,200,000 new text end |
333,400,000 |
The commissioner of transportation shall
notify the chairs and ranking minority
members of the legislative committees with
jurisdiction over transportation finance of
any significant events that should cause these
estimates to change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways, including
design-build contracts and consultant usage
to support these activities. This includes the
cost of actual payment to landowners for
lands acquired for highway rights-of-way,
payment to lessees, interest subsidies, and
relocation expenses.
The base appropriation for state road
construction for fiscal years 2016 and 2017
is $645,000,000 in each year.
$10,000,000 in each year is for the
transportation economic development
program under Minnesota Statutes, section
174.12.
The commissioner may expend up to one-half
of one percent of the federal appropriations
under this clause as grants to opportunity
industrialization centers and other nonprofit
job training centers for job training programs
related to highway construction.
The commissioner may transfer up to
$15,000,000 each year to the transportation
revolving loan fund.
The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts are
appropriated to the commissioner for these
projects.
new text begin
Notwithstanding subdivision 6, the
commissioner may transfer up to $6,000,000
from the trunk highway fund under this
appropriation to the Stillwater lift bridge
endowment account under Minnesota
Statutes, section 165.15.
new text end
new text begin
Of this appropriation, $14,000,000 in the first
year is for the specific improvements to "Old
Highway 14" described in the settlement
agreement and release executed January
7, 2014, between the state and Steele and
Waseca Counties.
new text end
| (d) Highway Debt Service |
158,417,000 |
189,821,000 |
||||
$148,917,000 in the first year and
$180,321,000 in the second year are for
transfer to the state bond fund. If an
appropriation is insufficient to make all
transfers required in the year for which it is
made, the commissioner of management and
budget shall notify the senate Committee
on Finance and the house of representatives
Committee on Ways and Means of the
amount of the deficiency and shall then
transfer that amount under the statutory open
appropriation. Any excess appropriation
cancels to the trunk highway fund.
| (e) Electronic Communications |
5,171,000 |
5,171,000 |
||||
| Appropriations by Fund |
||
| General |
3,000 |
3,000 |
| Trunk Highway |
5,168,000 |
5,168,000 |
The general fund appropriation is to equip
and operate the Roosevelt signal tower for
Lake of the Woods weather broadcasting.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Laws 2013, chapter 117, article 1, section 4, is amended to read:
Sec. 4. METROPOLITAN COUNCIL
|
$ |
107,889,000 |
$ |
deleted text begin
76,970,000 deleted text end new text begin 76,910,000 new text end |
||
This appropriation is from the general fund
for transit system operations under Minnesota
Statutes, sections 473.371 to 473.449.
The base appropriation for fiscal years 2016
and 2017 is deleted text begin $76,686,000deleted text end new text begin $76,626,000new text end in
each year.
$37,000,000 in the first year is for the
Southwest Corridor light rail transit line
from the Hiawatha light rail transit line in
downtown Minneapolis to Eden Prairie, to be
used for environmental studies, preliminary
engineering, acquisition of real property, or
interests in real property, and design. This
is a onetime appropriation and is available
until expended.
Sec. 14. new text begin EFFECTIVE DATE; SUPERSEDING PROVISIONS.
new text end
new text begin
Regardless of order of enactment, sections 1 to 5 of this article are not effective if
House File No. 2395 is enacted in the 2014 legislative session.
new text end
ARTICLE 12
RAILROAD AND PIPELINE SAFETY
Section 1.
Minnesota Statutes 2012, section 115E.01, is amended by adding a
subdivision to read:
new text begin Subd. 6a. new text end
new text begin Incident commander. new text end
new text begin
"Incident commander" means the official at the
site of a discharge who has the responsibility for operations at the site, as established
following National Incident Management System guidelines.
new text end
Sec. 2.
Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Listed sensitive area. new text end
new text begin
"Listed sensitive area" means an area or location
listed as an area of special economic or environmental importance in an Area Contingency
Plan or a Sub-Area Contingency Plan prepared under the federal Clean Water Act, United
States Code, title 33, section 1321(j)(4).
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 2012, section 115E.01, is amended by adding a subdivision
to read:
new text begin Subd. 11d. new text end
new text begin Unit train. new text end
new text begin
"Unit train" means a train with more than 25 tanker railcars
carrying oil or hazardous substance cargo.
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. 4.
new text begin
[115E.042] PREPAREDNESS AND RESPONSE FOR CERTAIN
RAILROADS AND PIPELINES.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
In addition to the requirements of section 115E.04,
a person who owns or operates railroad car rolling stock transporting a unit train must
comply with this section. A person who owns or operates pipeline facilities and is required
to show specific preparedness under section 115E.03, subdivision 2, must comply with
this section as applicable and with the provisions of chapters 299F and 299J.
new text end
new text begin Subd. 2. new text end
new text begin Training. new text end
new text begin
(a) Each railroad must offer training to each fire department
having jurisdiction along the route of unit trains. Initial training under this subdivision
must be offered to each fire department by June 30, 2016, and refresher training must be
offered to each fire department at least once every three years thereafter.
new text end
new text begin
(b) The training must address the general hazards of oil and hazardous substances,
techniques to assess hazards to the environment and to the safety of responders and the
public, factors an incident commander must consider in determining whether to attempt to
suppress a fire or to evacuate the public and emergency responders from an area, and other
strategies for initial response by local emergency responders. The training must include
suggested protocol or practices for local responders to safely accomplish these tasks.
new text end
new text begin Subd. 3. new text end
new text begin Coordination. new text end
new text begin
Beginning June 30, 2015, each railroad and pipeline
company must communicate at least annually with each county or city emergency
manager and a senior fire department officer of each fire department having jurisdiction
along the route of a unit train or a pipeline to ensure coordination of emergency response
activities between the railroad or pipeline company and local responders.
new text end
new text begin Subd. 4. new text end
new text begin Response capabilities; time limits; drills. new text end
new text begin
(a) Following confirmation of a
discharge, a railroad or pipeline company must deliver and deploy sufficient equipment
and trained personnel to contain and recover discharged oil or hazardous substances and to
protect the environment and public safety.
new text end
new text begin
(b) Within one hour of confirmation of a discharge, a railroad or pipeline company
must provide a qualified company employee to advise the incident commander. The
employee may be made available by telephone, and must be authorized to deploy all
necessary response resources of the railroad or pipeline company.
new text end
new text begin
(c) Within three hours of confirmation of a discharge, a railroad or pipeline
company must be capable of delivering monitoring equipment and a trained operator
to assist in protection of responder and public safety. A plan to ensure delivery of
monitoring equipment and an operator to a discharge site must be provided each year to
the commissioner of public safety.
new text end
new text begin
(d) Within three hours of confirmation of a discharge, a railroad or pipeline company
must provide qualified personnel at a discharge site to assess the discharge and to advise
the incident commander.
new text end
new text begin
(e) A railroad or pipeline company must be capable of deploying containment boom
from land across sewer outfalls, creeks, ditches, and other places where oil or hazardous
substances may drain, in order to contain leaked material before it reaches those resources.
The arrangement to provide containment boom and staff may be made by:
new text end
new text begin
(1) training and caching equipment with local jurisdictions;
new text end
new text begin
(2) training and caching equipment with a fire mutual-aid group;
new text end
new text begin
(3) means of an industry cooperative or mutual-aid group;
new text end
new text begin
(4) deployment of a contractor;
new text end
new text begin
(5) deployment of a response organization under state contract; or
new text end
new text begin
(6) other dependable means acceptable to the Pollution Control Agency.
new text end
new text begin
(f) Each arrangement under paragraph (e) must be confirmed each year. Each
arrangement must be tested by drill at least once every five years.
new text end
new text begin
(g) Within eight hours of confirmation of a discharge, a railroad or pipeline company
must be capable of delivering and deploying oil spill containment booms, boats, oil
recovery equipment, trained staff, and all other materials needed to provide:
new text end
new text begin
(1) on-site containment and recovery of a volume of oil equal to ten percent of the
calculated worst case discharge at any location along the route; and
new text end
new text begin
(2) protection of listed sensitive areas and potable water intakes within one mile of
a discharge site and within eight hours of water travel time downstream in any river
or stream that the right-of-way intersects.
new text end
new text begin
(h) Within 60 hours of confirmation of a discharge, a railroad or pipeline company
must be capable of delivering and deploying additional oil spill containment booms,
boats, oil recovery equipment, trained staff, and all other materials needed to provide
containment and recovery of a worst-case oil discharge and to protect listed sensitive areas
and potable water intakes at any location along the route.
new text end
new text begin
(i) Each railroad and pipeline must conduct at least one oil containment, recovery,
and sensitive area protection drill every three years, at a location and time chosen by the
Pollution Control Agency.
new text end
new text begin Subd. 5. new text end
new text begin Prevention and response plans. new text end
new text begin
(a) By June 30, 2015, a railroad or
pipeline company shall submit the prevention and response plan required under section
115E.04, as necessary to comply with the requirements of this section, to the commissioner
of the Pollution Control Agency on a form designated by the commissioner.
new text end
new text begin
(b) By June 30 of every third year following a plan submission under this
subdivision, a railroad and pipeline company must update and resubmit the prevention and
response plan to the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivisions 1 to 3 and 5 are effective the day following final
enactment. Subdivision 4 is effective July 1, 2015.
new text end
Sec. 5.
Minnesota Statutes 2012, section 115E.08, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Railroad and pipeline preparedness; pollution control. new text end
new text begin
The Pollution
Control Agency shall carry out environmental protection activities related to railroad
and pipeline discharge preparedness. Duties under this subdivision include, but are not
limited to:
new text end
new text begin
(1) assisting local emergency managers and fire officials in understanding the
hazards of oil and hazardous substances, as well as general strategies for containment and
environmental protection;
new text end
new text begin
(2) assisting railroads and pipeline companies to identify natural resources and
sensitive areas, and to devise strategies to contain and recover oil and hazardous
substances from land and waters along routes;
new text end
new text begin
(3) facilitating cooperation between railroad and pipeline companies for mutual aid
arrangements that provide training, staff, and equipment as required by this chapter;
new text end
new text begin
(4) participating in drills and training sessions;
new text end
new text begin
(5) reviewing each railroad and pipeline company's prevention and response plans
for compliance with the requirements of this chapter, and assessing each company's
readiness to protect the environment;
new text end
new text begin
(6) conducting inspections and drills as necessary to determine the railroad or
pipeline company's compliance with the requirements of this chapter and ability to protect
the environment; and
new text end
new text begin
(7) conducting follow-up corrective action directives, orders, and enforcement as
necessary based on a finding of inadequate environmental protection preparedness.
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. 6.
Minnesota Statutes 2012, section 115E.08, is amended by adding a subdivision
to read:
new text begin Subd. 3b. new text end
new text begin Railroad and pipeline preparedness; public safety. new text end
new text begin
The commissioner
of public safety shall carry out public safety protection activities related to railroad and
pipeline spill and discharge preparedness. Duties under this subdivision include, but
are not limited to:
new text end
new text begin
(1) assisting local emergency managers and fire officials to understand the hazards
of oil and hazardous substances, as well as general strategies for hazard identification,
initial isolation, and other actions necessary to ensure public safety;
new text end
new text begin
(2) assisting railroads and pipeline companies to develop suggested protocols and
practices for local first responder use in protecting the public's safety;
new text end
new text begin
(3) facilitating cooperation between railroads, pipeline companies, county and city
emergency managers, and other public safety organizations;
new text end
new text begin
(4) participating in major exercises and training sessions;
new text end
new text begin
(5) assisting local units of government to incorporate railroad and pipeline hazard
and response information into local emergency operations plans;
new text end
new text begin
(6) monitoring the public safety-related training and planning requirements of
section 115E.03; and
new text end
new text begin
(7) referring noncompliance with section 115E.03 to the Pollution Control Agency.
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. 7.
Minnesota Statutes 2012, section 219.015, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Positiondeleted text end new text begin Positionsnew text end established; duties.
new text begin (a) new text end The commissioner of
transportation shall establish deleted text begin a position ofdeleted text end new text begin threenew text end state rail safety inspectornew text begin positionsnew text end in
the Office of Freight and Commercial Vehicle Operations of the Minnesota Department
of Transportation.new text begin On or after July 1, 2015, the commissioner may establish a fourth
state rail safety inspector position following consultation with railroad companies.
new text end The commissioner shall apply tonew text begin and enter into agreements withnew text end the Federal Railroad
Administration (FRA) of the United States Department of Transportation to participate
in the federal State Rail Safety deleted text begin Partnershipdeleted text end new text begin Participationnew text end Program for training and
certification of an inspector under authority of United States Code, title 49, sections 20103,
20105, 20106, and 20113, and Code of Federal Regulations, title 49, part 212.
deleted text begin Thedeleted text end new text begin (b) Anew text end state rail safety inspector shall inspect mainline track, secondary track, and
yard and industry track; inspect railroad right-of-way, including adjacent or intersecting
drainage, culverts, bridges, overhead structures, and traffic and other public crossings;
inspect yards and physical plants; review and enforce safety requirements; review
maintenance and repair records; and review railroad security measures.
new text begin
(c) A state rail safety inspector may perform, but is not limited to, the duties
described in the federal State Rail Safety Participation Program. An inspector may train,
be certified, and participate in any of the federal State Rail Safety Participation Program
disciplines, including track, signal and train control, motive power and equipment,
operating practices compliance, hazardous materials, and highway-rail grade crossings.
new text end
new text begin (d)new text end To the extent delegatednew text begin by the Federal Railroad Administration and authorized
new text end by the commissioner, deleted text begin thedeleted text end new text begin annew text end inspector may issue citations for violations of this chapter, or
to ensure railroad employee and public safety and welfare.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2012, section 219.015, subdivision 2, is amended to read:
Subd. 2.
Railroad company assessment; account; appropriation.
new text begin (a) As provided
in this subdivision, new text end the commissioner shall annually assess railroad companies that are
(1) defined as common carriers under section 218.011deleted text begin ,deleted text end new text begin ;new text end (2) classified by federal law or
regulation as Class I Railroadsnew text begin ,new text end deleted text begin ordeleted text end Class I Rail Carriers,new text begin Class II Railroads, or Class II Rail
Carriers;new text end and (3) operating in this statedeleted text begin ,deleted text end new text begin .
new text end
new text begin (b) The assessment must benew text end by a division ofnew text begin state rail safety inspector program costs
innew text end equal proportion between carriersnew text begin based on route miles operated in Minnesotanew text end , assessed
in equal amounts for 365 days of the calendar year. The commissioner shall assess all
start-up or re-establishment costs, deleted text begin anddeleted text end all related costs of initiating the state rail safety
inspector program deleted text begin beginning July 1, 2008. Thedeleted text end new text begin , and ongoingnew text end state rail inspector duties
deleted text begin must begin and be assessed on January 1, 2009deleted text end .
new text begin (c)new text end The assessments must be deposited in a special account in the special revenue
fund, to be known as the state rail safety inspection account. Money in the account is
appropriated to the commissioner deleted text begin and may be expended to cover the costs incurreddeleted text end for the
establishment and ongoing responsibilities of the state rail safety inspectornew text begin programnew 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. 9.
new text begin
[299A.55] RAILROAD AND PIPELINE SAFETY; OIL AND OTHER
HAZARDOUS MATERIALS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms
have the meanings given.
new text end
new text begin
(b) "Applicable rail carrier" means a railroad company that is subject to an
assessment under section 219.015, subdivision 2.
new text end
new text begin
(c) "Hazardous substance" has the meaning given in section 115B.02, subdivision 8.
new text end
new text begin
(d) "Oil" has the meaning given in section 115E.01, subdivision 8.
new text end
new text begin
(e) "Pipeline company" means any individual, partnership, association, or public
or private corporation required to show specific preparedness under section 115E.03,
subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Railroad and pipeline safety account. new text end
new text begin
(a) A railroad and pipeline safety
account is created in the special revenue fund. The account consists of funds collected
under subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the
account.
new text end
new text begin
(b) $208,000 is annually appropriated to the commissioner of the Pollution Control
Agency for environmental protection activities related to railroad and pipeline discharge
preparedness under chapter 115E.
new text end
new text begin
(c) Following the appropriation in paragraph (b), the remaining money in the
account is annually appropriated to the commissioner of public safety for the purposes
specified in subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Allocation of railroad and pipeline safety funds. new text end
new text begin
(a) Subject to funding
appropriated for this subdivision, the commissioner shall provide funds for training and
response preparedness related to (1) derailments, discharge incidents, or spills involving
trains carrying oil or other hazardous substances, and (2) pipeline discharge incidents or
spills involving oil or other hazardous substances.
new text end
new text begin
(b) The commissioner shall allocate available funds to the Board of Firefighter
Training and Education under section 299N.02 and the Division of Homeland Security
and Emergency Management.
new text end
new text begin
(c) Prior to making allocations under paragraph (b), the commissioner shall consult
with the Fire Service Advisory Committee under section 299F.012, subdivision 2.
new text end
new text begin
(d) The commissioner and the entities identified in paragraph (b) shall prioritize
uses of funds based on:
new text end
new text begin
(1) firefighter training needs;
new text end
new text begin
(2) community risk from discharge incidents or spills;
new text end
new text begin
(3) geographic balance; and
new text end
new text begin
(4) recommendations of the Fire Service Advisory Committee.
new text end
new text begin
(e) The following are permissible uses of funds provided under this subdivision:
new text end
new text begin
(1) training costs, which may include but are not limited to training curriculum,
trainers, trainee overtime salary, other personnel overtime salary, and tuition;
new text end
new text begin
(2) costs of gear and equipment related to hazardous materials readiness, response,
and management, which may include but is not limited to original purchase, maintenance,
and replacement;
new text end
new text begin
(3) supplies related to the uses under clauses (1) and (2); and
new text end
new text begin
(4) emergency preparedness planning and coordination.
new text end
new text begin
(f) Notwithstanding paragraph (b), from funds in the railroad and pipeline safety
account provided for the purposes under this subdivision, the commissioner may retain a
balance in the account for budgeting in subsequent fiscal years.
new text end
new text begin Subd. 4. new text end
new text begin Assessments; oil and hazardous substances. new text end
new text begin
(a) The commissioner of
public safety shall annually assess $2,500,000 to railroad and pipeline companies based on
the formula specified in paragraph (b). The commissioner shall deposit funds collected
under this subdivision in the railroad and pipeline safety account under subdivision 2.
new text end
new text begin
(b) The assessment for each railroad is 50 percent of the total annual assessment
amount, divided in equal proportion between applicable rail carriers based on route miles
operated in Minnesota. The assessment for each pipeline company is 50 percent of the
total annual assessment amount, divided in equal proportion between companies based on
the yearly aggregate gallons of oil and hazardous substance transported in Minnesota. The
assessment must be in equal amounts for each day of the fiscal year.
new text end
new text begin
(c) The assessments under this subdivision expire July 1, 2019.
new text end
Sec. 10. new text begin REPORTS ON INCIDENT PREPAREDNESS FOR OIL AND OTHER
HAZARDOUS MATERIALS TRANSPORTATION.
new text end
new text begin Subdivision 1. new text end
new text begin Report on response preparedness. new text end
new text begin
By January 15, 2015, the
commissioner of public safety shall submit a report on emergency response preparedness
in the public and private sectors for incidents involving oil and other hazardous materials
transported by rail and pipeline to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation and public safety policy and
finance. At a minimum, the report must:
new text end
new text begin
(1) summarize the preparedness and emergency response framework in the state;
new text end
new text begin
(2) provide an assessment of costs and needs of fire departments and other
emergency first responders for training and equipment to respond to discharge or spill
incidents involving oil and other hazardous materials transported by rail and pipeline;
new text end
new text begin
(3) develop a comprehensive public and private response capacity inventory that,
to the extent feasible, includes statewide identification of major emergency response
equipment, equipment staging locations, mutual aid agreements, and capacities across
industries involved in transportation and storage of oil and other hazardous materials;
new text end
new text begin
(4) provide information and analysis that forms the basis for allocation of funds
under Minnesota Statutes, section 299A.55;
new text end
new text begin
(5) develop benchmarks or assessment criteria for the evaluation under subdivision 2;
new text end
new text begin
(6) assist in long-range oil and other hazardous materials incident preparedness
planning; and
new text end
new text begin
(7) make recommendations for any legislative changes.
new text end
new text begin Subd. 2. new text end
new text begin Evaluation of response preparedness and funding. new text end
new text begin
By November 1,
2017, the commissioner of public safety shall submit an evaluation of railroad and pipeline
safety preparedness and funding related to incidents involving oil and other hazardous
materials to the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation and public safety policy and finance. At a minimum,
the evaluation must:
new text end
new text begin
(1) provide an update to the report under subdivision 1 that identifies notable
changes and provides updated information as appropriate;
new text end
new text begin
(2) evaluate the effectiveness of training and response preparedness activities under
Minnesota Statutes, section 299A.55, using the criteria established under subdivision
1, clause (5);
new text end
new text begin
(3) identify current sources of funds, funding levels, and any unfunded needs for
preparedness activities;
new text end
new text begin
(4) analyze equity in the distribution of funding sources for preparedness activities,
which must include but is not limited to (i) examination of the public-private partnership
financing model, and (ii) review of balance across industries involved in storage and
distribution of oil and other hazardous materials; and
new text end
new text begin
(5) make recommendations for any programmatic or legislative changes.
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. 11. new text begin IMPROVEMENTS STUDY ON GRADE CROSSINGS AND
RAIL SAFETY FOR OIL AND OTHER HAZARDOUS MATERIALS
TRANSPORTATION.
new text end
new text begin
(a) The commissioner of transportation shall conduct a study on highway-rail grade
crossing improvement for oil and other hazardous materials transported by rail, and on
rail safety. At a minimum, the study must:
new text end
new text begin
(1) provide information that assists in risk management associated with
transportation of oil and other hazardous materials by rail;
new text end
new text begin
(2) develop criteria to prioritize needs and improvements at highway-rail grade
crossings;
new text end
new text begin
(3) consider alternatives for safety improvements, including but not limited to active
warning devices such as gates and signals, closings, and grade separation;
new text end
new text begin
(4) provide findings and recommendations that serve to direct accelerated
investments in highway-rail grade crossing safety improvements; and
new text end
new text begin
(5) analyze state inspection activities and staffing for track and hazardous materials
under Minnesota Statutes, section 219.015.
new text end
new text begin
(b) The commissioner shall submit an interim update on the study by August 31,
2014, and a final report by October 31, 2014, to the chairs and ranking minority members
of the legislative committees with jurisdiction over transportation policy and finance.
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
ARTICLE 13
TRANSPORTATION FINANCE PROVISIONS
Section 1.
Minnesota Statutes 2012, section 165.15, subdivision 2, is amended to read:
Subd. 2.
Use of funds.
(a) Income derived from the investment of principal in the
account may be used by the commissioner of transportation for operations and routine
maintenancenew text begin , including bridge safety inspections and reactive repairs, new text end of the Stillwater
lift bridge. No money from this account may be used for any purposes except those
described in this section, and no money from this account may be transferred to any
other account in the state treasury without specific legislative authorization. deleted text begin Any money
transferred from the trunk highway fund may only be used for trunk highway purposes.
deleted text end For the purposes of this section:
(1) "Income" is the amount of interest on debt securities and dividends on equity
securities. Any gains or losses from the sale of securities must be added to the principal
of the account.
(2) "Routine maintenance" means activities that are predictable and repetitive, but
not activities that would constitute major repairs or rehabilitation.
(b) Investment management fees incurred by the State Board of Investment are
eligible expenses for reimbursement from the account.
(c) The commissioner of transportation has authority to approve or deny expenditures
of funds in the account.
Sec. 2.
Minnesota Statutes 2013 Supplement, section 168.123, subdivision 2, is
amended to read:
Subd. 2.
Design.
new text begin (a) new text end The commissioner of veterans affairs shall design the emblem
for the veterans' special plates, subject to the approval of the commissioner, that satisfy the
following requirements:
deleted text begin (a)deleted text end new text begin (b)new text end For a Vietnam veteran who served after July 1, 1961, and before July 1, 1978,
in the active military service in a branch of the armed forces of the United States or a
nation or society allied with the United States the special plates must bear the inscription
"VIETNAM VET."
deleted text begin (b)deleted text end new text begin (c)new text end For a veteran stationed on the island of Oahu, Hawaii, or offshore, during the
attack on Pearl Harbor on December 7, 1941, the special plates must bear the inscription
"PEARL HARBOR SURVIVOR."
deleted text begin (c)deleted text end new text begin (d)new text end For a veteran who served during World War II, the plates must bear the
inscription "WORLD WAR VET."
deleted text begin (d)deleted text end new text begin (e)new text end For a veteran who served during the Korean Conflict, the special plates
must bear the inscription "KOREAN VET."
deleted text begin (e)deleted text end new text begin (f)new text end For a combat wounded veteran who is a recipient of the Purple Heart medal,
the plates must bear the inscription "COMBAT WOUNDED VET" and have a facsimile
or an emblem of the official Purple Heart medal.
A member of the United States armed forces who is serving actively in the military
and who is a recipient of the Purple Heart medal is also eligible for this license plate.
The commissioner of public safety shall ensure that information regarding the required
proof of eligibility for any applicant under this paragraph who has not yet been issued
military discharge papers is distributed to the public officials responsible for administering
this section.
deleted text begin (f)deleted text end new text begin (g)new text end For a Persian Gulf War veteran, the plates must bear the inscription "GULF
WAR VET." For the purposes of this section, "Persian Gulf War veteran" means a person
who served on active duty after August 1, 1990, in a branch of the armed forces of the
United States or a nation or society allied with the United States or the United Nations
during Operation Desert Shield, Operation Desert Storm, or other military operation in
the Persian Gulf area combat zone as designated in United States Presidential Executive
Order No. 12744, dated January 21, 1991.
deleted text begin (g)deleted text end new text begin (h)new text end For a veteran who served in the Laos War after July 1, 1961, and before July
1, 1978, the special plates must bear the inscription "LAOS WAR VET."
deleted text begin (h)deleted text end new text begin (i)new text end For a veteran who is the recipient of:
(1) the Iraq Campaign Medal, the special plates must be inscribed with a facsimile of
that medal and must bear the inscription "IRAQ WAR VET" directly below the special
plate number;
(2) the Afghanistan Campaign Medal, the special plates must be inscribed with a
facsimile of that medal and must bear the inscription "AFGHAN WAR VET" directly
below the special plate number;
(3) the Global War on Terrorism Expeditionary Medal, the special plates must
be inscribed with a facsimile of that medal and must bear the inscription "GWOT
VETERAN" directly below the special plate number; or
(4) the Armed Forces Expeditionary Medal, the special plates must bear an
appropriate inscription that includes a facsimile of that medal.
deleted text begin (i)deleted text end new text begin (j)new text end For a veteran who is the recipient of the Global War on Terrorism Service
Medal, the special plates must be inscribed with a facsimile of that medal and must bear
the inscription "GWOT VETERAN" directly below the special plate number. In addition,
any member of the National Guard or other military reserves who has been ordered to
federally funded state active service under United States Code, title 32, as defined in
section 190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism
Service Medal, is eligible for the license plate described in this paragraph, irrespective of
whether that person qualifies as a veteran under section 197.447.
deleted text begin (j)deleted text end new text begin (k)new text end For a veteran who is the recipient of the Korean Defense Service Medal,
the special plates must be inscribed with a facsimile of that medal and must bear the
inscription "KOREAN DEFENSE SERVICE" directly below the special plate number.
deleted text begin (k)deleted text end new text begin (l)new text end For a veteran who is a recipient of the Bronze Star medal, the plates must
bear the inscription "BRONZE STAR VET" and have a facsimile or an emblem of the
official Bronze Star medal.
deleted text begin (l)deleted text end new text begin (m)new text end For a veteran who is a recipient of the Silver Star medal, the plates must bear
the inscription "SILVER STAR VET" and have a facsimile or an emblem of the official
Silver Star medal.
new text begin
(n) For a woman veteran, the plates must bear the inscription "WOMAN
VETERAN" and have a facsimile or an emblem as designated by the commissioners of
veterans affairs and public safety.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2015.
new text end
Sec. 3.
Minnesota Statutes 2012, section 169.826, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Expiration date. new text end
new text begin
Upon request of the permit applicant, the expiration
date for a permit issued under this section must be the same as the expiration date of the
permitted vehicle's registration.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 30, 2016, and applies
to permits issued on and after that date.
new text end
Sec. 4.
Minnesota Statutes 2012, section 169.8261, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Expiration date. new text end
new text begin
Upon request of the permit applicant, the expiration
date for a permit issued under this section must be the same as the expiration date of the
permitted vehicle's registration.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 30, 2016, and applies
to permits issued on and after that date.
new text end
Sec. 5.
Minnesota Statutes 2012, section 169.86, subdivision 5, is amended to read:
Subd. 5.
Fees; proceeds deposited; appropriation.
The commissioner, with
respect to highways under the commissioner's jurisdiction, may charge a fee for each
permit issued. new text begin The fee for an annual permit that expires by law on the date of the
vehicle registration expiration must be based on the proportion of the year that remains
until the expiration date. new text end Unless otherwise specified, all fees for permits issued by the
commissioner of transportation must be deposited in the state treasury and credited to
the trunk highway fund. Except for those annual permits for which the permit fees are
specified elsewhere in this chapter, the fees are:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued for like loads carried on
a specific route for a period not to exceed two months. "Like loads" means loads of the
same product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
months. Annual permits may be issued for:
(1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
or well-being of the public;
(2) motor vehicles that travel on interstate highways and carry loads authorized
under subdivision 1a;
(3) motor vehicles operating with gross weights authorized under section 169.826,
subdivision 1a;
(4) special pulpwood vehicles described in section 169.863;
(5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
(6) noncommercial transportation of a boat by the owner or user of the boat;
(7) motor vehicles carrying bales of agricultural products authorized under section
169.862; and
(8) special milk-hauling vehicles authorized under section 169.867.
(d) $120 for an oversize annual permit to be issued for a period not to exceed 12
consecutive months. Annual permits may be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes and manufactured storage buildings;
(4) implements of husbandry;
(5) double-deck buses;
(6) commercial boat hauling and transporting waterfront structures, including, but
not limited to, portable boat docks and boat lifts;
(7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c); and
(8) vehicles operating on that portion of marked Trunk Highway 36 described in
section 169.81, subdivision 3, paragraph (e).
(e) For vehicles that have axle weights exceeding the weight limitations of sections
169.823 to 169.829, an additional cost added to the fees listed above. However, this
paragraph applies to any vehicle described in section 168.013, subdivision 3, paragraph
(b), but only when the vehicle exceeds its gross weight allowance set forth in that
paragraph, and then the additional cost is for all weight, including the allowance weight,
in excess of the permitted maximum axle weight. The additional cost is equal to the
product of the distance traveled times the sum of the overweight axle group cost factors
shown in the following chart:
| Overweight Axle Group Cost Factors |
||||||
| Weight (pounds) |
Cost Per Mile For Each Group Of: |
|||||
| exceeding weight limitations on axles |
Two consecutive axles spaced within 8 feet or less |
Three consecutive axles spaced within 9 feet or less |
Four consecutive axles spaced within 14 feet or less |
|||
| 0-2,000 |
.12 |
.05 |
.04 |
|||
| 2,001-4,000 |
.14 |
.06 |
.05 |
|||
| 4,001-6,000 |
.18 |
.07 |
.06 |
|||
| 6,001-8,000 |
.21 |
.09 |
.07 |
|||
| 8,001-10,000 |
.26 |
.10 |
.08 |
|||
| 10,001-12,000 |
.30 |
.12 |
.09 |
|||
| 12,001-14,000 |
Not permitted |
.14 |
.11 |
|||
| 14,001-16,000 |
Not permitted |
.17 |
.12 |
|||
| 16,001-18,000 |
Not permitted |
.19 |
.15 |
|||
| 18,001-20,000 |
Not permitted |
Not permitted |
.16 |
|||
| 20,001-22,000 |
Not permitted |
Not permitted |
.20 |
|||
The amounts added are rounded to the nearest cent for each axle or axle group. The
additional cost does not apply to paragraph (c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated based on the distance
already traveled in the state plus the distance from the point of detection to a transportation
loading site or unloading site within the state or to the point of exit from the state.
(f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
or oversize and overweight, mobile cranes; construction equipment, machinery, and
supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
are as follows:
| Gross Weight (pounds) of Vehicle |
Annual Permit Fee |
|
| 90,000 |
or less |
$200 |
| 90,001 |
- 100,000 |
$300 |
| 100,001 |
- 110,000 |
$400 |
| 110,001 |
- 120,000 |
$500 |
| 120,001 |
- 130,000 |
$600 |
| 130,001 |
- 140,000 |
$700 |
| 140,001 |
- 145,000 |
$800 |
| 145,001 |
- 155,000 |
$900 |
If the gross weight of the vehicle is more than 155,000 pounds the permit fee is determined
under paragraph (e).
(g) For vehicles which exceed the width limitations set forth in section 169.80 by
more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
when the permit is issued while seasonal load restrictions pursuant to section 169.87 are
in effect.
(h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
subdivision 2, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 pounds
on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 pounds.
(i) $300 for a motor vehicle described in section 169.8261. The fee under this
paragraph must be deposited as follows:
(1) the first $50,000 in each fiscal year must be deposited in the trunk highway fund for
costs related to administering the permit program and inspecting and posting bridges; and
(2) all remaining money in each fiscal year must be deposited in the bridge
inspection and signing account as provided under subdivision 5b.
(j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 30, 2016, and applies
to permits issued on and after that date.
new text end
Sec. 6.
Minnesota Statutes 2012, section 169.863, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Expiration date. new text end
new text begin
Upon request of the permit applicant, the expiration
date for a permit issued under this section must be the same as the expiration date of the
permitted vehicle's registration.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 30, 2016, and applies
to permits issued on and after that date.
new text end
Sec. 7.
Minnesota Statutes 2012, section 169.865, subdivision 1, is amended to read:
Subdivision 1.
Six-axle vehicles.
(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of six or more axles to haul raw
or unprocessed agricultural products and be operated with a gross vehicle weight of up to:
(1) 90,000 pounds; and
(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1.
(b) Notwithstanding subdivision 3, paragraph (a), clause (4), a vehicle or
combination of vehicles operated under this subdivision and transporting only sealed
intermodal containers may be operated on an interstate highway if allowed by the United
States Department of Transportation.
(c) The fee for a permit issued under this subdivision is $300new text begin , or a proportional
amount as provided in section 169.86, subdivision 5new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 30, 2016, and applies
to permits issued on and after that date.
new text end
Sec. 8.
Minnesota Statutes 2012, section 169.865, subdivision 2, is amended to read:
Subd. 2.
Seven-axle vehicles.
(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of seven or more axles to
haul raw or unprocessed agricultural products and be operated with a gross vehicle weight
of up to:
(1) 97,000 pounds; and
(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1.
(b) Drivers of vehicles operating under this subdivision must comply with driver
qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code
of Federal Regulations, title 49, parts 40 and 382.
(c) The fee for a permit issued under this subdivision is $500new text begin , or a proportional
amount as provided in section 169.86, subdivision 5new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 30, 2016, and applies
to permits issued on and after that date.
new text end
Sec. 9.
Minnesota Statutes 2012, section 169.865, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Expiration date. new text end
new text begin
Upon request of the permit applicant, the expiration
date for a permit issued under this section must be the same as the expiration date of the
permitted vehicle's registration.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 30, 2016, and applies
to permits issued on and after that date.
new text end
Sec. 10.
Minnesota Statutes 2012, section 169.866, subdivision 3, is amended to read:
Subd. 3.
Permit fee; appropriation.
Vehicle permits issued under subdivision 1
must be annual permits. The fee is $850 for each vehiclenew text begin , or a proportional amount as
provided in section 169.86, subdivision 5,new text end and must be deposited in the trunk highway
fund. An amount sufficient to administer the permit program is appropriated from the
trunk highway fund to the commissioner for the costs of administering the permit program.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 30, 2016, and applies
to permits issued on and after that date.
new text end
Sec. 11.
Minnesota Statutes 2012, section 169.866, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Expiration date. new text end
new text begin
Upon request of the permit applicant, the expiration
date for a permit issued under this section must be the same as the expiration date of the
permitted vehicle's registration.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 30, 2016, and applies
to permits issued on and after that date.
new text end
Sec. 12.
Minnesota Statutes 2012, section 174.24, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Transit service on election day. new text end
new text begin
An eligible recipient of operating
assistance under this section who contracts or has contracted to provide fixed route public
transit shall provide fixed route public transit service free of charge on a day a state
general election is held.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2014, and expires November
5, 2014.
new text end
Sec. 13.
Minnesota Statutes 2013 Supplement, section 174.42, subdivision 2, is
amended to read:
Subd. 2.
Funding requirement.
In each federal fiscal year, the commissioner
shall obtain a total amount in federal authorizations for reimbursement on transportation
alternatives projects that is equal to or greater than the annual average of federal
authorizations on transportation alternatives projects calculated over deleted text begin the preceding four
deleted text end federal fiscal yearsnew text begin 2009 to 2012new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to authorizations for federal fiscal year 2015 and subsequent federal fiscal years.
new text end
Sec. 14.
Minnesota Statutes 2012, section 174.56, subdivision 1, is amended to read:
Subdivision 1.
Report required.
(a) The commissioner of transportation shall
submit a report by December 15 of each year on (1) the status of major highway projects
completed during the previous two years or under construction or planned during the year
of the report and for the ensuing 15 years, deleted text begin anddeleted text end (2) trunk highway fund expendituresnew text begin , and
(3) efficiencies achieved in the previous bienniumnew text end .
(b) For purposes of this section, a "major highway project" is a highway project that
has a total cost for all segments that the commissioner estimates at the time of the report
to be at least (1) $15,000,000 in the metropolitan highway construction district, or (2)
$5,000,000 in any nonmetropolitan highway construction district.
Sec. 15.
Minnesota Statutes 2012, section 174.56, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Efficiencies. new text end
new text begin
The commissioner shall include in the report information on
efficiencies implemented in the previous biennium in planning and project management
and delivery, along with an explanation of the efficiencies used to achieve the savings and
the methodology used in the calculations. The level of savings achieved must equal, in
comparison with the total state road construction budget for that year, a minimum of five
percent in fiscal year 2015. The report must identify the projects that have been advanced
or completed due to the implementation of efficiency measures.
new text end
Sec. 16.
new text begin
[219.375] RAILROAD YARD LIGHTING.
new text end
new text begin Subdivision 1. new text end
new text begin General requirements. new text end
new text begin
(a) All railroad common carriers, and their
officers, agents, and employees, operating a railroad in this state are required to maintain
lighting between sunset and sunrise above switches in railroad yards where:
new text end
new text begin
(1) cars or locomotives are switched or inspected; or
new text end
new text begin
(2) cars are switched to assemble or disassemble trains.
new text end
new text begin
(b) Railroad common carriers shall provide lighting adjacent to those portions of
railroad yard tracks where railroad common carrier employees frequently work on the
ground performing switching, inspection, and repair activities. For purposes of this
section, "frequently work" means at least five days per week.
new text end
new text begin
(c) Railroad yard lighting over switches and inspection areas must:
new text end
new text begin
(1) conform with the guidelines set forth by the American Railway Engineering
and Manufacturing Association (AREMA);
new text end
new text begin
(2) include at least one lighting source for each two-yard track switch segment; and
new text end
new text begin
(3) be displayed from a height of at least 30 feet above the railroad yard lead-track
area.
new text end
new text begin
(d) Lighting over switches and other light sources within railroad yards or at other
railroad locations must be:
new text end
new text begin
(1) maintained to illuminate as designed;
new text end
new text begin
(2) compliant with the National Electrical Code;
new text end
new text begin
(3) kept clear of obstructions; and
new text end
new text begin
(4) focused on the railroad common carrier property designed to be illuminated.
new text end
new text begin
(e) The energy source for lighting is permitted, though not required, to:
new text end
new text begin
(1) be direct wired from a carrier facility power source, have solar panel power with
a battery storage source, or have another constant energy source; or
new text end
new text begin
(2) be designed to have standard or light-emitting diode fixtures or electrical circuits
that include power saving or ambient atmosphere actuating switches.
new text end
new text begin
(f) Railroad common carriers must replace damaged or nonoperative lighting within
48 hours after light source damage has been reported to the carrier.
new text end
new text begin Subd. 2. new text end
new text begin Allowances for unusual conditions. new text end
new text begin
Railroad common carriers are not
required to comply with the requirements of this section during:
new text end
new text begin
(1) maintenance activities;
new text end
new text begin
(2) derailments;
new text end
new text begin
(3) any period of heavy rain or snow, washouts, or similar weather or seismic
conditions; or
new text end
new text begin
(4) a reasonable period after any occurrence identified in clauses (1) to (3), but no
longer than is necessary to achieve compliance with this section.
new text end
new text begin Subd. 3. new text end
new text begin Lighting orders; commissioner authority. new text end
new text begin
(a) When the commissioner
finds that railroad common carrier employees who frequently work adjacent to a portion
of track performing switching, inspection, maintenance, repair, or fueling activities are
exposed to hazard resulting from the lack of lighting, or to the condition of lighting
constructed before July 1, 2014, the commissioner may order a railroad common carrier
to construct lighting adjacent to a portion of track where employees are performing
switching, inspection, maintenance, repair, or fueling activities, or require a railroad
common carrier to modify existing lighting to conform with the standards set forth by
AREMA lighting standards, within a reasonable period of time.
new text end
new text begin
(b) A railroad common carrier, person, or corporation may appeal an order under this
subdivision. An appeal under this paragraph is subject to the processes and requirements
of chapter 14.
new text end
new text begin Subd. 4. new text end
new text begin Failure to correct. new text end
new text begin
If a railroad common carrier, person, or corporation
fails to correct a violation of this section within the time provided in an order issued by
the commissioner of transportation under subdivision 3, and the railroad common carrier,
person, or corporation does not appeal the order, the failure to correct the violation as
ordered by the commissioner constitutes a new and separate offense distinct from the
original violation of this section.
new text end
new text begin Subd. 5. new text end
new text begin Complaints. new text end
new text begin
No formal complaint of an alleged violation of this section
may be filed until the filing party has attempted to address the alleged violations with the
railroad common carrier. Any complaint of an alleged violation must contain a written
statement that the filing party has made a reasonable, good faith attempt to address the
alleged violation.
new text end
new text begin Subd. 6. new text end
new text begin Waiver. new text end
new text begin
Upon written request of a railroad common carrier, the
commissioner of transportation may waive any portion of this section if conditions do
not reasonably permit compliance. The commissioner's decision is subject to section
218.041, and must include an on-site inspection of the area for which the waiver has
been requested. The inspection shall occur between sunset and sunrise, and all parties of
interest shall be permitted to attend.
new text end
new text begin Subd. 7. new text end
new text begin Violations and penalties. new text end
new text begin
A railroad common carrier, corporation, or
person who violates this section is subject to a penalty not to exceed $500 for each violation.
new text end
new text begin Subd. 8. new text end
new text begin Exceptions; applicability. new text end
new text begin
(a) This section establishes minimum standards
for railroad yard lighting. Nothing in this section shall be construed to preclude design of
railroad yard towers with multiple lighting sources, a brighter lighting design, or other
features that exceed the requirements of this section.
new text end
new text begin
(b) This section applies to all Class I and Class II railroad common carrier railroad
yards. This section does not apply to an entity that owns or operates track in Minnesota
that is not a Class I or Class II railroad common carrier as classified by the Federal
Railroad Administration.
new text end
new text begin
(c) Railroad yards and other locations where lighting exists on July 1, 2014, are
deemed compliant with subdivision 1, paragraphs (b) and (c).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 1, 2016.
new text end
Sec. 17.
new text begin
[219.995] MADE IN MINNESOTA SOLAR INSTALLATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms
have the meanings given.
new text end
new text begin
(b) "Made in Minnesota" has the meaning given in section 216C.411, paragraph (a).
new text end
new text begin
(c) "Solar photovoltaic module" has the meaning given in section 116C.7791,
subdivision 1, paragraph (e).
new text end
new text begin Subd. 2. new text end
new text begin Made in Minnesota solar energy system requirement. new text end
new text begin
Notwithstanding
any other law to the contrary, if a railroad common carrier engages in any project in
Minnesota for the construction, improvement, maintenance, or repair of any building,
railroad, railroad yard, railroad facility, or land owned or controlled by the railroad
common carrier and the construction, improvement, maintenance, or repair involves
installation of one or more solar photovoltaic modules, the railroad common carrier
must ensure that the solar photovoltaic modules purchased and installed are "Made in
Minnesota" as defined in subdivision 1, paragraph (b).
new text end
new text begin Subd. 3. new text end
new text begin Application. new text end
new text begin
Subdivision 2 does not apply if:
new text end
new text begin
(1) as a condition of the receipt of federal financial assistance for a specific project,
the railroad common carrier is required to use a procurement method that might result in
the award of a contract to a manufacturer that does not meet the "Made in Minnesota"
definition in subdivision 1, paragraph (b);
new text end
new text begin
(2) no solar photovoltaic modules are available that meet the "Made in Minnesota"
definition and fulfill the function required by the project; or
new text end
new text begin
(3) a railroad common carrier's compliance with the "Made in Minnesota" solar
energy system requirement would result in noncompliance with any applicable federal
statute or regulation.
new text end
Sec. 18.
new text begin
[299A.017] STATE SAFETY OVERSIGHT.
new text end
new text begin Subdivision 1. new text end
new text begin Office created. new text end
new text begin
The commissioner of public safety shall establish an
Office of State Safety Oversight in the Department of Public Safety for safety oversight of
rail fixed guideway public transportation systems within the state. The commissioner shall
designate a director of the office.
new text end
new text begin Subd. 2. new text end
new text begin Authority. new text end
new text begin
The director shall implement and has regulatory authority to
enforce the requirements for the state set forth in United States Code, title 49, sections
5329 and 5330, federal regulations adopted pursuant to those sections, and successor or
supplemental requirements.
new text end
Sec. 19.
Minnesota Statutes 2012, section 473.408, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Transit service on election day. new text end
new text begin
(a) The council shall provide regular
route transit, as defined in section 473.385, subdivision 1, paragraph (b), free of charge
on a day a state general election is held.
new text end
new text begin
(b) The requirements under this subdivision apply to operators of regular route
transit (1) receiving financial assistance under section 473.388, or (2) operating under
section 473.405, subdivision 12.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2014, and expires November
5, 2014.
new text end
Sec. 20.
new text begin
[473.41] TRANSIT SHELTERS AND STOPS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms
have the meanings given.
new text end
new text begin
(b) "Transit authority" means:
new text end
new text begin
(1) a statutory or home rule charter city, with respect to rights-of-way at bus stop and
train stop locations, transit shelters, and transit passenger seating facilities owned by the
city or established pursuant to a vendor contract with the city;
new text end
new text begin
(2) the Metropolitan Council, with respect to transit shelters and transit passenger
seating facilities owned by the council or established pursuant to a vendor contract with
the council; or
new text end
new text begin
(3) a replacement service provider under section 473.388, with respect to
rights-of-way at bus stop and train stop locations, transit shelters, and transit passenger
seating facilities owned by the provider or established pursuant to a vendor contract
with the provider.
new text end
new text begin
(c) "Transit shelter" means a wholly or partially enclosed structure provided for
public use as a waiting area in conjunction with light rail transit, bus rapid transit, or
regular route transit.
new text end
new text begin Subd. 2. new text end
new text begin Design. new text end
new text begin
(a) A transit authority shall establish design specifications for
establishment and replacement of its transit shelters, which must include:
new text end
new text begin
(1) engineering standards, as appropriate;
new text end
new text begin
(2) maximization of protection from the wind, snow, and other elements, including
but not limited to entrances that are equivalently sized to regular doorways;
new text end
new text begin
(3) to the extent feasible, inclusion of warming capability at each shelter in which
there is a proportionally high number of transit service passenger boardings; and
new text end
new text begin
(4) full accessibility for the elderly and persons with disabilities.
new text end
new text begin
(b) The council shall consult with the Transportation Accessibility Advisory
Committee.
new text end
new text begin Subd. 3. new text end
new text begin Maintenance. new text end
new text begin
A transit authority shall ensure transit shelters are
maintained in good working order and are accessible to all users of the transit system.
This requirement includes but is not limited to:
new text end
new text begin
(1) keeping transit shelters reasonably clean and free from graffiti; and
new text end
new text begin
(2) removing snow and ice in a manner that provides accessibility for the elderly
and persons with disabilities to be able to enter and exit transit shelters, and board and
exit trains at each stop.
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. 21. new text begin WATERCRAFT DECONTAMINATION SITES; REST AREAS.
new text end
new text begin
Where feasible with existing resources, the commissioners of natural resources
and transportation shall cooperate in an effort to use rest areas as sites for watercraft
decontamination and other activities to prevent the spread of aquatic invasive species.
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. 22. new text begin WOMAN VETERAN LICENSE PLATES; DESIGN.
new text end
new text begin
The commissioner of veterans affairs, in consultation with the commissioner of
public safety, a representative of the Minnesota Women Veterans Initiative Working
Group, and any interested Minnesota veterans service organization, shall design the
"WOMAN VETERAN" special plates established in Minnesota Statutes, section 168.123,
subdivision 2, subject to the approval of the commissioner of public safety.
new text end
Sec. 23. new text begin HIGHWAY 14 TURNBACK.
new text end
new text begin
Notwithstanding Minnesota Statutes, sections 161.081, subdivision 3, and 161.16, or
any other law to the contrary, the commissioner of transportation may:
new text end
new text begin
(1) by temporary order, take over the road described as "Old Highway 14" in the
settlement agreement and release executed January 7, 2014, between the state and Waseca
and Steele Counties;
new text end
new text begin
(2) expend $35,000,000 or the amount necessary to complete the work required
under the settlement agreement; and
new text end
new text begin
(3) upon completion of the work described in the settlement agreement, release "Old
Highway 14" back to Steele and Waseca Counties.
new text end
new text begin
Upon completion of the work described in the settlement agreement between the
state and Waseca and Steele Counties, the counties shall accept responsibility for the road
described in the agreement as "Old Highway 14."
new text end
Sec. 24. new text begin COMMUNITY DESTINATION SIGN PILOT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
(a) For purposes of this section, the following terms
have the meanings given.
new text end
new text begin
(b) "City" means the city of Two Harbors.
new text end
new text begin
(c) "General retail services" means a business that sells goods or services at retail
and directly to an end-use consumer. General retail services includes but is not limited to:
new text end
new text begin
(1) personal services;
new text end
new text begin
(2) repair services;
new text end
new text begin
(3) hardware stores;
new text end
new text begin
(4) lumber or building supply stores; and
new text end
new text begin
(5) automotive parts sellers.
new text end
new text begin Subd. 2. new text end
new text begin Pilot program established. new text end
new text begin
(a) In consultation with the city of Two
Harbors, the commissioner of transportation shall establish a community destination sign
pilot program for wayfinding within the city to destinations or attractions of interest to
the traveling public.
new text end
new text begin
(b) For purposes of Minnesota Statutes, chapter 173, signs under the pilot program
are official signs.
new text end
new text begin Subd. 3. new text end
new text begin Signage, design. new text end
new text begin
(a) The pilot program must include as eligible attractions
and destinations:
new text end
new text begin
(1) minor traffic generators; and
new text end
new text begin
(2) general retail services, specified by business name, that are identified in a
community wayfinding program established by the city.
new text end
new text begin
(b) The commissioner of transportation, in coordination with the city, may establish
sign design specifications for signs under the pilot program. Design specifications must
allow for placement of:
new text end
new text begin
(1) a city name and city logo or symbol; and
new text end
new text begin
(2) up to five attractions or destinations on a community destination sign assembly.
new text end
new text begin Subd. 4. new text end
new text begin Program costs. new text end
new text begin
The city shall pay costs of design, construction,
erection, and maintenance of the signs and sign assemblies under the pilot program. The
commissioner shall not impose fees for the pilot program.
new text end
new text begin Subd. 5. new text end
new text begin Expiration. new text end
new text begin
The pilot program under this section expires January 1, 2022.
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
AGRICULTURE, ENVIRONMENT, AND NATURAL RESOURCES
ARTICLE 14
AGRICULTURE, ENVIRONMENT, AND NATURAL RESOURCES
APPROPRIATIONS
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2015 new text end |
||||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
15,999,000 new text end |
||||
|
new text begin
Natural Resources new text end |
new text begin
900,000 new text end |
|||||
|
new text begin
Game and Fish new text end |
new text begin
3,000 new text end |
|||||
|
new text begin
Environment and Natural Resources Trust new text end |
new text begin
490,000 new text end |
|||||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
17,392,000 new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2013, chapter 114, or appropriated to the agencies and for the
purposes specified in this article. The appropriations are from the general fund, or another
named fund, and are available for the fiscal year indicated for each purpose. The figure
"2015" used in this article means that the addition to the appropriations listed under them
are available for the fiscal year ending June 30, 2015.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2015 new text end |
||||||
Sec. 3. new text begin AGRICULTURE.
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
1,910,000 new text end |
||||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Department of Agriculture
|
new text begin
1,600,000 new text end |
|||||
new text begin
$1,500,000 in 2015 is for a grant to Second
Harvest Heartland on behalf of the six
Feeding America food banks that serve
Minnesota to compensate agricultural
producers and processors for costs incurred
to harvest and package for transfer surplus
fruits, vegetables, or other agricultural
commodities that would otherwise go
unharvested or be discarded. Surplus
commodities must be distributed statewide
to food shelves and other charitable
organizations that are eligible to receive
food from the food banks. Surplus food
acquired under this appropriation must be
from Minnesota producers and processors.
Second Harvest Heartland must report when
required by, and in the form prescribed by,
the commissioner. Second Harvest Heartland
may use up to 11 percent of the grant for
administrative expenses. This appropriation
is added to the base.
new text end
new text begin
$100,000 in 2015 is to compensate experts
evaluating pollinator death or illness as
authorized in Minnesota Statutes, section
18B.04. $65,000 is added to the base.
new text end
new text begin
The commissioner shall examine how other
states are implementing the industrial hemp
research authority provided in Public Law
113-79 and gauge the interest of Minnesota
higher education institutions. No later
than January 15, 2015, the commissioner
must report the information and items for
legislative consideration to the legislative
committees with jurisdiction over agriculture
policy and finance.
new text end
new text begin Subd. 3. new text end
new text begin
Board of Animal Health
|
new text begin
310,000 new text end |
|||||
new text begin
$310,000 in 2015 is to administer the dog and
cat breeder licensing and inspection program.
The base in fiscal year 2016 is $426,000 and
the base in fiscal year 2017 is $435,000.
new text end
Sec. 4. new text begin POLLUTION CONTROL AGENCY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
7,349,000 new text end |
||||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Water
|
new text begin
1,000 new text end |
new text begin
$1,000 in 2015 is to compile information
on the presence of plastic microbeads in the
state's waters and their potential impacts
on aquatic ecosystems and human health,
in consultation with the University of
Minnesota. No later than December 15,
2014, the commissioner must present the
information to the legislative committees
with jurisdiction over environment and
natural resources policy and finance and
make recommendations. This is a onetime
appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Environmental
|
new text begin
7,348,000 new text end |
new text begin
$7,000,000 in 2015 is for the purposes
of Minnesota Statutes, section 115A.557,
subdivision 2. This appropriation is added
to the base.
new text end
new text begin
$348,000 in 2015 is for costs incurred
implementing Minnesota Statutes, sections
116.9401 to 116.9425. This is a onetime
appropriation. Of this amount, $13,000
is transferred to the commissioner of
health. The base for this program from the
environmental fund is $744,000 in fiscal year
2016 and $495,000 in fiscal year 2017.
new text end
Sec. 5. new text begin NATURAL RESOURCES
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
2,107,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
1,654,000 new text end |
|
|
new text begin
Game and Fish new text end |
new text begin
3,000 new text end |
|
|
new text begin
Natural Resources new text end |
new text begin
450,000 new text end |
|
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Ecological and Water Resources
|
new text begin
50,000 new text end |
|||||
new text begin
$50,000 in 2015 is for a study of the effects
of the Lake Emily dam in Crow Wing County
on water clarity and water levels in Lake
Emily, Lake Mary, and the Little Pine River.
This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Parks and Trails
|
new text begin
2,045,000 new text end |
new text begin
$1,595,000 in 2015 is for the improvement,
maintenance, and conditions of facilities and
infrastructure in state parks for safety and
general use. This is a onetime appropriation.
new text end
new text begin
$450,000 in 2015 is from the natural
resources fund for state trail, park, and
recreation area operations. This appropriation
is from the revenue deposited in the natural
resources fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause (2).
This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Fish and Wildlife
|
new text begin
12,000 new text end |
new text begin
$3,000 in 2015 is from the game and fish fund
for a report on aquatic plant management
permitting policies for the management
of narrow-leaved and hybrid cattail in a
range of basin types across the state. The
report shall be submitted to the chairs and
ranking minority members of the house of
representatives and senate committees with
jurisdiction over environment and natural
resources by December 15, 2014, and include
recommendations for any necessary changes
in statutes, rules, or permitting procedures.
This is a onetime appropriation.
new text end
new text begin
$9,000 in 2015 is for the commissioner,
in consultation with interested parties,
agencies, and other states, to develop a
detailed restoration plan to recover the
historical native population of bobwhite
quail in Minnesota for its ecological and
recreational benefits to the citizens of the
state. The commissioner shall conduct public
meetings in developing the plan. No later
than January 15, 2015, the commissioner
must report on the plan's progress to the
legislative committees with jurisdiction over
environment and natural resources policy
and finance. This is a onetime appropriation.
new text end
Sec. 6. new text begin METROPOLITAN COUNCIL
|
new text begin
$ new text end |
new text begin
450,000 new text end |
||||
new text begin
$450,000 in 2015 is from the natural
resources fund for metropolitan area regional
parks and trails maintenance and operations.
This appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (3). This is a onetime
appropriation.
new text end
Sec. 7. new text begin UNIVERSITY OF MINNESOTA
|
new text begin
$ new text end |
new text begin
5,554,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
5,064,000 new text end |
|
|
new text begin
Environment and Natural Resources Trust new text end |
new text begin
490,000 new text end |
|
new text begin
$3,864,000 in 2015 is from the general fund
for the Invasive Terrestrial Plants and Pests
Center requested under this act, including a
director, graduate students, and necessary
supplies. This is a onetime appropriation and
is available until June 30, 2025.
new text end
new text begin
$490,000 in 2015 is from the environment
and natural resources trust fund for the
Invasive Terrestrial Plants and Pests Center
requested under this act, including a director,
graduate students, and necessary supplies.
This is a onetime appropriation and is
available until June 30, 2025.
new text end
new text begin
$970,000 from the environment and natural
resources trust fund appropriated in Laws
2011, First Special Session chapter 2, article
3, section 2, subdivision 9, paragraph (d),
Reinvest in Minnesota Wetlands Reserve
Acquisition and Restoration Program
Partnership, is transferred to the Board of
Regents of the University of Minnesota for
the Invasive Terrestrial Plants and Pests
Center requested under this act, including a
director, graduate students, and necessary
supplies and is available until June 30, 2025.
new text end
new text begin
$1,200,000 in 2015 is for the Veterinary
Diagnostic Laboratory to research porcine
epidemic diarrhea virus and other emerging
livestock diseases. Any unexpended balance
as of June 30, 2015, is for the Invasive
Terrestrial Plants and Pests Center requested
under this act and is available until June 30,
2025.
new text end
Sec. 8.
Laws 2013, chapter 114, article 3, section 4, subdivision 3, is amended to read:
Subd. 3.Ecological and Water Resources
|
27,182,000 |
deleted text begin
31,582,000 deleted text end new text begin 31,604,000 new text end |
||||
| Appropriations by Fund |
||
| General |
12,117,000 |
deleted text begin
16,817,000 deleted text end new text begin 16,839,000 new text end |
| Natural Resources |
11,002,000 |
10,702,000 |
| Game and Fish |
4,063,000 |
4,063,000 |
$3,542,000 the first year and $3,242,000 the
second year are from the invasive species
account in the natural resources fund and
$2,906,000 the first year and $3,206,000 the
second year are from the general fund for
management, public awareness, assessment
and monitoring research, and water access
inspection to prevent the spread of invasive
species; management of invasive plants in
public waters; and management of terrestrial
invasive species on state-administered lands.
$5,000,000 the first year and $5,000,000 the
second year are from the water management
account in the natural resources fund for only
the purposes specified in Minnesota Statutes,
section 103G.27, subdivision 2.
$103,000 the first year and deleted text begin $103,000
deleted text end new text begin $125,000new text end the second year are for a grant to
the Mississippi Headwaters Board for up to
50 percent of the cost of implementing the
comprehensive plan for the upper Mississippi
within areas under the board's jurisdiction.
new text begin The base for this grant is $103,000. By
January 15, 2015, the board shall submit a
report detailing the results achieved with
the fiscal year 2014 appropriation and the
anticipated results that will be achieved with
the fiscal year 2015 appropriation to the
commissioner and the chairs and ranking
minority members of the senate and house
of representatives committees and divisions
with jurisdiction over environment and
natural resources policy and finance.
new text end
$10,000 the first year and $10,000 the second
year are for payment to the Leech Lake Band
of Chippewa Indians to implement the band's
portion of the comprehensive plan for the
upper Mississippi.
$264,000 the first year and $264,000 the
second year are for grants for up to 50
percent of the cost of implementation of
the Red River mediation agreement. The
commissioner shall submit a report to the
chairs of the legislative committees having
primary jurisdiction over environment and
natural resources policy and finance on the
accomplishments achieved with the grants
by January 15, 2015.
$1,643,000 the first year and $1,643,000
the second year are from the heritage
enhancement account in the game and
fish fund for only the purposes specified
in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
$1,223,000 the first year and $1,223,000 the
second year are from the nongame wildlife
management account in the natural resources
fund for the purpose of nongame wildlife
management. Notwithstanding Minnesota
Statutes, section 290.431, $100,000 the first
year and $100,000 the second year may
be used for nongame wildlife information,
education, and promotion.
$1,600,000 the first year and $6,000,000 the
second year are from the general fund for the
following activities:
(1) increased financial reimbursement
and technical support to soil and water
conservation districts or other local units
of government for groundwater level
monitoring;
(2) additional surface water monitoring and
analysis, including installation of monitoring
gauges;
(3) additional groundwater analysis to
assist with water appropriation permitting
decisions;
(4) additional permit application review
incorporating surface water and groundwater
technical analysis;
(5) enhancement of precipitation data and
analysis to improve the use of irrigation;
(6) enhanced information technology,
including electronic permitting and
integrated data systems; and
(7) increased compliance and monitoring.
Of this amount, $600,000 the first year is for
silica sand rulemaking and is available until
spent.
The commissioner, in cooperation with the
commissioner of agriculture, shall enforce
compliance with aquatic plant management
requirements regulating the control of
aquatic plants with pesticides and removal of
aquatic plants by mechanical means under
Minnesota Statutes, section 103G.615.
ARTICLE 15
AGRICULTURE, ENVIRONMENT, AND NATURAL RESOURCES
FISCAL IMPLEMENTATION PROVISIONS
Section 1.
Minnesota Statutes 2012, section 13.643, subdivision 6, is amended to read:
Subd. 6.
Animal premises data.
(a) The following data collected and maintained
by the Board of Animal Health related to registration and identification of premises and
animals under chapter 35, are classified as private or nonpublic:
(1) the names and addresses;
(2) the location of the premises where animals are kept; and
(3) the identification number of the premises or the animal.
new text begin
(b) Except as provided in section 347.58, subdivision 5, data collected and
maintained by the Board of Animal Health under sections 347.57 to 347.64 are classified
as private or nonpublic.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The Board of Animal Health may disclose data collected under paragraph (a)
new text begin or (b)new text end to any person, agency, or to the public if the board determines that the access will
aid in the law enforcement process or the protection of public or animal health or safety.
Sec. 2.
Minnesota Statutes 2012, section 13.7411, subdivision 8, is amended to read:
Subd. 8.
Pollution Control Agency.
(a) Hazardous waste generators.
Information provided by hazardous waste generators under section 473.151 and for which
confidentiality is claimed is governed by section 116.075, subdivision 2.
(b) Tests. Trade secret information made available by applicants for certain projects
of the Pollution Control Agency is classified under section 116.54.
new text begin
(c) Priority chemicals. Information submitted to the Pollution Control Agency
related to priority chemicals in children's products is classified under section 116.9403.
new text end
Sec. 3.
Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Apiary. new text end
new text begin
"Apiary" means a place where a collection of one or more hives
or colonies of bees or the nuclei of bees are kept.
new text end
Sec. 4.
Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Bee. new text end
new text begin
"Bee" means any stage of the common honeybee, Apis mellifera (L).
new text end
Sec. 5.
Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Bee owner. new text end
new text begin
"Bee owner" means a person who owns an apiary.
new text end
Sec. 6.
Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:
new text begin Subd. 4c. new text end
new text begin Colony. new text end
new text begin
"Colony" means the aggregate of worker bees, drones, the queen,
and developing young bees living together as a family unit in a hive or other dwelling.
new text end
Sec. 7.
Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:
new text begin Subd. 11a. new text end
new text begin Hive. new text end
new text begin
"Hive" means a frame hive, box hive, box, barrel, log gum, skep,
or any other receptacle or container, natural or artificial, or any part of one, which is
used as domicile for bees.
new text end
Sec. 8.
Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
to read:
new text begin Subd. 20a. new text end
new text begin Pollinator. new text end
new text begin
"Pollinator" means an insect that pollinates flowers.
new text end
Sec. 9.
Minnesota Statutes 2012, section 18B.03, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Pollinator enforcement. new text end
new text begin
The commissioner may take enforcement action
under chapter 18D for a violation of this chapter, or any rule adopted under this chapter,
that results in harm to pollinators, including but not limited to applying a pesticide in
a manner inconsistent with the pesticide product's label or labeling and resulting in
pollinator death or willfully applying pesticide in a manner inconsistent with the pesticide
product's label or labeling. The commissioner must deposit any penalty collected under
this subdivision in the pesticide regulatory account in section 18B.05.
new text end
Sec. 10.
Minnesota Statutes 2012, section 18B.04, is amended to read:
18B.04 PESTICIDE IMPACT ON ENVIRONMENT.
new text begin (a) new text end The commissioner shall:
(1) determine the impact of pesticides on the environment, including the impacts on
surface water and groundwater in this state;
(2) develop best management practices involving pesticide distribution, storage,
handling, use, and disposal; and
(3) cooperate with and assist other state agencies and local governments to protect
public healthnew text begin , pollinators,new text end and the environment from harmful exposure to pesticides.
new text begin
(b) The commissioner may assemble a group of experts under section 16C.10,
subdivision 2, to consult in the investigation of pollinator deaths or illnesses. The group of
experts may include representatives from local, state, and federal agencies; academia; the
state pollinator bank; or other professionals as deemed necessary by the commissioner.
new text end
Sec. 11.
new text begin
[18B.055] COMPENSATION FOR BEES KILLED BY PESTICIDE;
APPROPRIATION.
new text end
new text begin Subdivision 1. new text end
new text begin Compensation required. new text end
new text begin
(a) The commissioner of agriculture
must compensate a person for an acute pesticide poisoning resulting in the death of bees
owned by the person, provided:
new text end
new text begin
(1) the person who applied the pesticide cannot be determined;
new text end
new text begin
(2) the person who applied the pesticide did so in a manner consistent with the
pesticide product's label or labeling; or
new text end
new text begin
(3) the person who applied the pesticide did so in a manner inconsistent with the
pesticide product's label or labeling.
new text end
new text begin
(b) Except as provided in this section, the bee owner is entitled to the fair market
value of the dead bees as determined by the commissioner upon recommendation by
academic experts and bee keepers. In any fiscal year, a bee owner must not be compensated
for a claim that is less than $100 or compensated more than $20,000 for all eligible claims.
new text end
new text begin Subd. 2. new text end
new text begin Applicator responsible. new text end
new text begin
In the event a person applies a pesticide in a
manner inconsistent with the pesticide product's label or labeling requirements as approved
by the commissioner and is determined to have caused the acute pesticide poisoning of
bees, resulting in death, kept for commercial purposes, then the person so identified must
bear the responsibility of restitution for the value of the bees to the bee owner. In such
cases the commissioner must not provide compensation as provided in this section.
new text end
new text begin Subd. 3. new text end
new text begin Claim form. new text end
new text begin
The bee owner must file a claim on forms provided by the
commissioner and available on the Department of Agriculture's Web site.
new text end
new text begin Subd. 4. new text end
new text begin Determination. new text end
new text begin
The commissioner must determine whether the death of
the bees was caused by an acute pesticide poisoning, whether the pesticide applicator can
be determined, and whether the pesticide applicator applied the pesticide product in a
manner consistent with the pesticide product's label or labeling.
new text end
new text begin Subd. 5. new text end
new text begin Payments; denial of compensation. new text end
new text begin
(a) If the commissioner determines
the bee death was caused by an acute pesticide poisoning and either the pesticide
applicator cannot be determined or the pesticide applicator applied the pesticide product in
a manner consistent with the pesticide product's label or labeling, the commissioner may
award compensation from the pesticide regulatory account. If the pesticide applicator can
be determined and the applicator applied the pesticide product in a manner inconsistent
with the product's label or labeling, the commissioner may collect a penalty from the
pesticide applicator sufficient to compensate the bee owner for the fair market value of the
dead bees and must award the money to the bee owner.
new text end
new text begin
(b) If the commissioner denies compensation claimed by a bee owner under this
section, the commissioner must issue a written decision based upon the available evidence.
The decision must include specification of the facts upon which the decision is based and
the conclusions on the material issues of the claim. The commissioner must mail a copy
of the decision to the bee owner.
new text end
new text begin
(c) A decision to deny compensation claimed under this section is not subject to the
contested case review procedures of chapter 14, but may be reviewed upon a trial de
novo in a court in the county where the loss occurred. The decision of the court may be
appealed as in other civil cases. Review in court may be obtained by filing a petition for
review with the administrator of the court within 60 days following receipt of a decision
under this section. Upon the filing of a petition, the administrator must mail a copy to the
commissioner and set a time for hearing within 90 days of the filing.
new text end
new text begin Subd. 6. new text end
new text begin Deduction from payment. new text end
new text begin
In order to be eligible for compensation under
this section, a bee owner must document that at the time of the loss the bee owner had
insurance sufficient to cover up to 50 percent of the total value of the owner's colony.
The commissioner must reduce payments made under this section by any compensation
received by the bee owner as proceeds from an insurance policy or from another source.
new text end
new text begin Subd. 7. new text end
new text begin Appropriation. new text end
new text begin
The amount necessary to pay claims under this section,
not to exceed $150,000 per fiscal year, is appropriated from the pesticide regulatory
account in section 18B.05.
new text end
Sec. 12.
new text begin
[19.70] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For the purposes of this chapter the terms defined in this
section have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Abandoned apiary. new text end
new text begin
"Abandoned apiary" means any apiary not regularly
attended in accordance with good beekeeping practices and which constitutes a disease or
parasite hazard to the beekeeping industry.
new text end
new text begin Subd. 3. new text end
new text begin Africanized honeybees. new text end
new text begin
"Africanized honeybees" means Africanized
honeybees using United States Department of Agriculture standards.
new text end
new text begin Subd. 4. new text end
new text begin Bee diseases. new text end
new text begin
"Bee diseases" means infectious, contagious, or harmful
diseases including but not limited to: American or European foulbrood, sacbrood,
chalkbrood, Nosema, bee paralysis, or abnormal condition of egg, larval, pupal, or adult
stages of bees.
new text end
new text begin Subd. 5. new text end
new text begin Bee equipment. new text end
new text begin
"Bee equipment" means hives, supers, frames, veils,
gloves, and any apparatus, tool, machine, vehicle, or other device used in the handling,
moving, or manipulating of bees, honey, wax, or hives, including containers of honey or
wax which may be used in an apiary or in transporting bees and their products and apiary
supplies.
new text end
new text begin Subd. 6. new text end
new text begin Beekeeper. new text end
new text begin
"Beekeeper" means a person who keeps bees.
new text end
new text begin Subd. 7. new text end
new text begin Beekeeping. new text end
new text begin
"Beekeeping" means the moving, raising, and producing of
bees, beeswax, honey, related products, and pollination.
new text end
new text begin Subd. 8. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of agriculture
or the commissioner's authorized agents.
new text end
new text begin Subd. 9. new text end
new text begin Department. new text end
new text begin
"Department" means the Department of Agriculture.
new text end
new text begin Subd. 10. new text end
new text begin Exotic parasite. new text end
new text begin
"Exotic parasite" means any parasite harmful to bees
including but not limited to: Varroa jacobsoni, Tropilaelaps clareae, or Acarapis woodi.
new text end
new text begin Subd. 11. new text end
new text begin Queen apiary. new text end
new text begin
"Queen apiary" means any apiary or premises in which
queen bees are reared or kept for sale or gift.
new text end
Sec. 13.
Minnesota Statutes 2012, section 84.788, subdivision 2, is amended to read:
Subd. 2.
Exemptions.
Registration is not required for off-highway motorcycles:
(1) owned and used by the United States, an Indian tribal government, the state,
another state, or a political subdivision;
(2) registered in another state or country that have not been within this state for
more than 30 consecutive days;deleted text begin or
deleted text end
(3) registered under chapter 168, when operated on forest roads to gain access to a
state forest campgroundnew text begin ;
new text end
new text begin
(4) used exclusively in organized track racing events;
new text end
new text begin
(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident
off-highway motorcycle state trail pass; or
new text end
new text begin (6) operated by a person participating in an event for which the commissioner has
issued a special use permitnew text end .
Sec. 14.
new text begin
[84.7945] NONRESIDENT OFF-HIGHWAY MOTORCYCLE STATE
TRAIL PASS.
new text end
new text begin Subdivision 1. new text end
new text begin Pass required; fee. new text end
new text begin
(a) A tribal member exempt from registration
under section 84.788, subdivision 2, clause (2), or a nonresident, may not operate an
off-highway motorcycle on a state or grant-in-aid off-highway motorcycle trail unless the
operator carries a valid nonresident off-highway motorcycle state trail pass in immediate
possession. The pass must be available for inspection by a peace officer, a conservation
officer, or an employee designated under section 84.0835.
new text end
new text begin
(b) The commissioner of natural resources shall issue a pass upon application and
payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
collected under this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the off-highway motorcycle account in
the natural resources fund and, except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15, must be used for
grants-in-aid to counties and municipalities for off-highway motorcycle organizations to
construct and maintain off-highway motorcycle trails and use areas.
new text end
new text begin
(c) A nonresident off-highway motorcycle state trail pass is not required for:
new text end
new text begin
(1) an off-highway motorcycle that is owned and used by the United States, another
state, or a political subdivision thereof that is exempt from registration under section
84.788, subdivision 2;
new text end
new text begin
(2) a person operating an off-highway motorcycle only on the portion of a trail that
is owned by the person or the person's spouse, child, or parent; or
new text end
new text begin
(3) a nonresident operating an off-highway motorcycle that is registered according
to section 84.788.
new text end
new text begin Subd. 2. new text end
new text begin License agents. new text end
new text begin
The commissioner may appoint agents to issue and sell
nonresident off-highway motorcycle state trail passes. The commissioner may revoke the
appointment of an agent at any time. The commissioner may adopt additional rules as
provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
by the commissioner for accounting and handling of passes pursuant to section 97A.485,
subdivision 11. An agent shall promptly deposit and remit all money received from the
sale of the passes, exclusive of the issuing fee, to the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Issuance of passes. new text end
new text begin
The commissioner and agents shall issue and sell
nonresident off-highway motorcycle state trail passes. The commissioner shall also make
the passes available through the electronic licensing system established under section
84.027, subdivision 15.
new text end
new text begin Subd. 4. new text end
new text begin Agent's fee. new text end
new text begin
In addition to the fee for a pass, an issuing fee of $1 per pass
shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees
for passes issued by the commissioner shall be deposited in the off-highway motorcycle
account in the natural resources fund and retained for the operation of the electronic
licensing system.
new text end
new text begin Subd. 5. new text end
new text begin Duplicate passes. new text end
new text begin
The commissioner and agents shall issue a duplicate
pass to persons whose pass is lost or destroyed using the process established under section
97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
off-highway motorcycle state trail pass is $2, with an issuing fee of 50 cents.
new text end
Sec. 15.
Minnesota Statutes 2012, section 85.053, subdivision 2, is amended to read:
Subd. 2.
Requirement.
Except as provided in section 85.054, a motor vehicle
may not enter a state park, state recreation area, or state wayside over 50 acres in area,
without a state park permit issued under this sectionnew text begin or a state parks and trails plate issued
under section 168.1295new text end . Except for vehicles permitted under subdivisions 7, paragraph
(a), clause (2), and 8, the state park permit must be affixed to the lower right corner
windshield of the motor vehicle and must be completely affixed by its own adhesive to
the windshield, or the commissioner may, by written order, provide an alternative means
to display and validate state park permits.
Sec. 16.
new text begin
[85.056] STATE PARKS AND TRAILS DONATION ACCOUNT.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The state parks and trails donation account is
established as a separate account in the natural resources fund. The account shall be
administered by the commissioner of natural resources as provided in this section.
new text end
new text begin Subd. 2. new text end
new text begin Funding sources. new text end
new text begin
The state parks and trails donation account shall consist
of contributions made under section 168.1295 and other contributions. The contributions
may be made in cash, property, land, or interests in land.
new text end
new text begin Subd. 3. new text end
new text begin Uses. new text end
new text begin
Money in the account is appropriated to the commissioner of natural
resources to operate and maintain the state parks and trails system.
new text end
Sec. 17.
Minnesota Statutes 2012, section 85.34, subdivision 7, is amended to read:
Subd. 7.
Disposition of proceeds.
(a) All revenue derived from the lease of the Fort
Snelling upper bluff, with the exception of payment for costs of the water line as described
in subdivision 6, shall be deposited in the natural resources fund and credited to a state
park account.new text begin Interest earned on the money in the account accrues to the account.
new text end
(b) Revenue and expenses from the upper bluff shall be tracked separately within
the account. Money in the account derived from the leasing or operation of the property
described in subdivision 1 deleted text begin may bedeleted text end new text begin isnew text end appropriated new text begin annually to the commissioner new text end for
the payment of expenses attributable to the leasingnew text begin , development,new text end and operation of the
property described in subdivision 1, including, but not limited to, the maintenance, repair,
and rehabilitation of historic buildings and landscapes.
Sec. 18.
Minnesota Statutes 2012, section 85A.02, subdivision 2, is amended to read:
Subd. 2.
Zoological Garden.
The board shall acquire, construct, equip, operate
and maintain the Minnesota Zoological Garden at a site in Dakota County legally
described in Laws 1975, chapter 382, section 12. The Zoological Garden shall consist
of adequate facilities and structures for the collection, habitation, preservation, care,
exhibition, examination or study of wild and domestic animals, including, but not limited
to mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. The board
may provide such lands, buildings and equipment as it deems necessary for parking,
transportation, entertainment, education or instruction of the public in connection with
such Zoological Garden.new text begin The Zoological Garden is the official pollinator bank for the state
of Minnesota. For purposes of this subdivision, "pollinator bank" means a program to
avert the extinction of pollinator species by cultivating insurance breeding populations.
new text end
Sec. 19.
new text begin
[87A.10] TRAP SHOOTING SPORTS FACILITY GRANTS.
new text end
new text begin
The commissioner of natural resources shall administer a program to provide
cost-share grants to local recreational trap shooting clubs for up to 50 percent of the costs
of developing or rehabilitating trap shooting sports facilities for public use. A facility
rehabilitated or developed with a grant under this section must be open to the general
public at reasonable times and for a reasonable fee on a walk-in basis. The commissioner
shall give preference to projects that will provide the most opportunities for youth.
new text end
Sec. 20.
Minnesota Statutes 2012, section 103G.271, subdivision 6, is amended to read:
Subd. 6.
Water use permit processing fee.
(a) Except as described in paragraphs
(b) to deleted text begin (f)deleted text end new text begin (g)new text end , a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. Fees collected under this paragraph are credited to the water
management account in the natural resources fund. The schedule is as follows, with the
stated fee in each clause applied to the total amount appropriated:
(1) $140 for amounts not exceeding 50,000,000 gallons per year;
(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;
(3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
than 150,000,000 gallons per year;
(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but
less than 200,000,000 gallons per year;
(5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
than 250,000,000 gallons per year;
(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
less than 300,000,000 gallons per year;
(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
than 350,000,000 gallons per year;
(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
less than 400,000,000 gallons per year;
(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
than 450,000,000 gallons per year;
(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and
(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:
(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
(2) for all other users, $420 per 1,000,000 gallons.
(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.
(d) For water use processing fees other than once-through cooling systems:
(1) the fee for a city of the first class may not exceed $250,000 per year;
(2) the fee for other entities for any permitted use may not exceed:
(i) $60,000 per year for an entity holding three or fewer permits;
(ii) $90,000 per year for an entity holding four or five permits; or
(iii) $300,000 per year for an entity holding more than five permits;
(3) the fee for agricultural irrigation may not exceed $750 per year;
(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and
(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.
(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.
(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.
new text begin
(g) The commissioner shall waive the water use permit fee for installations and
projects that use storm water runoff or for a public entity that is diverting water to treat a
water quality issue and returning that water to its source without using the water for
any other purpose, unless the commissioner determines that any of the proposed uses
adversely affect surface water or groundwater.
new text end
deleted text begin (g)deleted text end new text begin (h)new text end A surcharge of $30 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in each of the months of June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.
Sec. 21.
Minnesota Statutes 2012, section 115A.151, is amended to read:
115A.151 RECYCLABLE MATERIAL CONTAINER REQUIREMENTS;
PUBLIC ENTITIESnew text begin AND SPORTS FACILITIESnew text end .
(a) A public entitynew text begin and the owner of a sports facilitynew text end shall:
(1) ensure that facilities under its control, from which mixed municipal solid waste
is collected, have containers for at least three recyclable materials, such as, but not limited
to, paper, glass, plastic, and metal; and
(2) transfer all recyclable materials collected to a recycler.
(b) For the purposes of this section:
(1) "public entity" means the state, an office, agency, or institution of the state,
the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control
Commission, the legislature, the courts, a county, a statutory or home rule charter city, a
town, a school district, a special taxing district, or any entity that receives an appropriation
from the state for a capital improvement project after August 1, 2002;
(2) "metropolitan agency" and "Metropolitan Council," have the meanings given
them in section 473.121; deleted text begin and
deleted text end
(3) "Metropolitan Mosquito Control Commission" means the commission created
in section 473.702new text begin ; and
new text end
new text begin (4) "sports facility" means a professional or collegiate sports facility at which
competitions take place before a public audiencenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2015.
new text end
Sec. 22.
Minnesota Statutes 2012, section 115A.55, subdivision 4, is amended to read:
Subd. 4.
Statewide source reduction goal.
(a) It is a goal of the state deleted text begin that there
be a minimum ten percent per capita reduction in the amount of mixeddeleted text end new text begin and counties to
reduce the generation ofnew text end municipal solid waste deleted text begin generated in the state by December 31,
2000, based on a reasonable estimate of the amount of mixed municipal solid waste that
was generated in calendar year 1993deleted text end .
(b) As part of the deleted text begin 1997deleted text end report required under section 115A.411, the commissioner
shall submit to the senate and house of representatives committees having jurisdiction
over environment and natural resources and environment and natural resources finance
a proposed strategy for meeting the goal in paragraph (a). The strategy must include a
discussion of the different reduction potentials to be found in various sectors and may
include recommended interim goals. The commissioner shall report progress on meeting
the goal in paragraph (a), as well as recommendations and revisions to the proposed
strategy, as part of the deleted text begin 1999deleted text end report required under section 115A.411.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Minnesota Statutes 2012, section 115A.551, subdivision 1, is amended to read:
Subdivision 1.
Definition.
(a) For the purposes of this section, "recycling" means,
in addition to the meaning given in section 115A.03, subdivision 25b, yard waste new text begin and
source-separated compostable materials new text end compostingdeleted text begin ,deleted text end and recycling that occurs through
mechanical or hand separation of materials that are then delivered deleted text begin for reuse in their
original form ordeleted text end for use in manufacturing processes that do not cause the destruction of
recyclable materials in a manner that precludes further use.
(b) For the purposes of this section, "total solid waste generation" means the total
by weight of:
(1) materials separated for recycling;
(2) materials separated for yard waste new text begin and source-separated compostable materials
new text end composting;
(3) mixed municipal solid waste plus deleted text begin yard waste,deleted text end motor and vehicle fluids and
filters, tires, lead acid batteries, and major appliances; and
(4) residential waste materials that would be mixed municipal solid waste but for
the fact that they are not collected as such.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Minnesota Statutes 2012, section 115A.551, subdivision 2a, is amended to read:
Subd. 2a.
deleted text begin Supplementarydeleted text end new text begin Countynew text end recycling goals.
new text begin (a) new text end By December 31, deleted text begin 1996
deleted text end new text begin 2030new text end , each county will have as a goal to recycle the following amounts:
(1) for a county outside of the metropolitan area, 35 percent by weight of total
solid waste generation;new text begin and
new text end
(2) for a metropolitan county, deleted text begin 50deleted text end new text begin 75new text end percent by weight of total solid waste generation.
new text begin (b) new text end Each county will develop and implement or require political subdivisions within
the county to develop and implement programs, practices, or methods designed to meet its
recycling goal. Nothing in this section or in any other law may be construed to prohibit a
county from establishing a higher recycling goal.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
Minnesota Statutes 2012, section 115A.557, subdivision 2, is amended to read:
Subd. 2.
Purposes for which money may be spent.
new text begin (a) new text end A county receiving money
distributed by the commissioner under this section may use the money only for the
development and implementation of programs to:
(1) reduce the amount of solid waste generated;
(2) recycle the maximum amount of solid waste technically feasible;
(3) create and support markets for recycled products;
(4) remove problem materials from the solid waste stream and develop proper
disposal options for them;
(5) inform and educate all sectors of the public about proper solid waste management
procedures;
(6) provide technical assistance to public and private entities to ensure proper solid
waste management;
(7) provide educational, technical, and financial assistance for litter prevention; deleted text begin and
deleted text end
(8) process mixed municipal solid waste generated in the county at a resource
recovery facility located in Minnesotanew text begin ; and
new text end
new text begin (9) compost source-separated compostable materials, including the provision of
receptacles for residential compostingnew text end .
new text begin
(b) Beginning in fiscal year 2015 and continuing thereafter, of any money distributed
by the commissioner under this section to a metropolitan county, as defined in section
473.121, subdivision 4, that exceeds the amount the county was eligible to receive under
this section in fiscal year 2014: (1) at least 50 percent must be expended on activities
in paragraph (a), clause (9); and (2) the remainder must be expended on activities in
paragraph (a), clauses (1) to (7) and (9) that advance the county toward achieving its
recycling goal under section 115A.551.
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. 26.
Minnesota Statutes 2012, section 115A.557, subdivision 3, is amended to read:
Subd. 3.
Eligibility to receive money.
(a) To be eligible to receive money distributed
by the commissioner under this section, a county shall within one year of October 4, 1989:
(1) create a separate account in its general fund to credit the money; and
(2) set up accounting procedures to ensure that money in the separate account is
spent only for the purposes in subdivision 2.
(b) In each following year, each county shall also:
(1) have in place an approved solid waste management plan or master plan including
a recycling implementation strategy under section 115A.551, subdivision 7, and a
household hazardous waste management plan under section 115A.96, subdivision 6,
by the dates specified in those provisions;
(2) submit a report by April 1 of each year to the commissionernew text begin , which may be
submitted electronically and must be posted on the agency's Web site,new text end detailing for the
previous calendar year:
(i) how the money was spent including, but not limited to, new text begin specific recycling and
composting activities undertaken to increase the county's proportion of solid waste
recycled in order to achieve its recycling goal established in section 115A.551; new text end specific
information on the number of employees performing SCORE planning, oversight, and
administration; the percentage of those employees' total work time allocated to SCORE
planning, oversight, and administration; the specific duties and responsibilities of those
employees; and the amount of staff salary for these SCORE duties and responsibilities of
the employees; and
(ii) the resulting gains achieved in solid waste management practices; and
(3) provide evidence to the commissioner that local revenue equal to 25 percent of
the money sought for distribution under this section will be spent for the purposes in
subdivision 2.
(c) The commissioner shall withhold all or part of the funds to be distributed
to a county under this section if the county fails to comply with this subdivision and
subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27.
Minnesota Statutes 2012, section 115B.39, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) In addition to the definitions in this subdivision, the
definitions in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445,
except as specifically modified in this subdivision.
(b) "Cleanup order" means a consent order between responsible persons and the
agency or an order issued by the United States Environmental Protection Agency under
section 106 of the federal Superfund Act.
(c) "Closure" means actions to prevent or minimize the threat to public health and
the environment posed by a mixed municipal solid waste disposal facility that has stopped
accepting waste by controlling the sources of releases or threatened releases at the facility.
"Closure" includes removing contaminated equipment and liners; applying final cover;
grading and seeding final cover; installing wells, borings, and other monitoring devices;
constructing groundwater and surface water diversion structures; and installing gas control
systems and site security systems, as necessary. The commissioner may authorize use of
final cover that includes processed materials that meet the requirements in Code of Federal
Regulations, title 40, section 503.32, paragraph (a).
(d) "Closure upgrade" means construction activity that will, at a minimum, modify
an existing cover so that it satisfies current rule requirements for mixed municipal solid
waste land disposal facilities.
(e) "Contingency action" means organized, planned, or coordinated courses of action
to be followed in case of fire, explosion, or release of solid waste, waste by-products, or
leachate that could threaten human health or the environment.
(f) "Corrective action" means steps taken to repair facility structures including
liners, monitoring wells, separation equipment, covers, and aeration devices and to bring
the facility into compliance with design, construction, groundwater, surface water, and air
emission standards.
(g) "Decomposition gases" means gases produced by chemical or microbial activity
during the decomposition of solid waste.
(h) "Dump materials" means nonhazardous mixed municipal solid wastes disposed
at a Minnesota waste disposal site other than a qualified facility prior to 1973.
(i) "Environmental response action" means response action at a qualified facility,
including corrective action, closure, postclosure care; contingency action; environmental
studies, including remedial investigations and feasibility studies; engineering, including
remedial design; removal; remedial action; site construction; and other similar
cleanup-related activities.
(j) "Environmental response costs" means:
(1) costs of environmental response action, not including legal or administrative
expenses; and
(2) costs required to be paid to the federal government under section 107(a) of
the federal Superfund Act, as amended.
(k) "Postclosure" or "postclosure care" means actions taken for the care, maintenance,
and monitoring of closure actions at a mixed municipal solid waste disposal facility.
(l) "Qualified facility" means a mixed municipal solid waste disposal facility as
described in the most recent agency permit, including adjacent property used for solid
waste disposal that did not occur under a permit from the agency, that:
(1)(i) is or was permitted by the agency;
(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9,
1994; and
(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that
demolition debris may be accepted until May 1, 1995, at a permitted area where disposal
of demolition debris is allowed, if the area where the demolition debris is deposited is at
least 50 feet from the fill boundary of the area where mixed municipal solid waste was
deposited; or
(2)deleted text begin (i)deleted text end is or was permitted by the agency; and
deleted text begin (ii)deleted text end new text begin (i)new text end stopped accepting waste by January 1, 2000, except that demolition debris,
industrial waste, and municipal solid waste combustor ash may be accepted until January
1, 2001, at a permitted area where disposal of such waste is allowed, if the area where
the waste is deposited is at least 50 feet from the fill boundary of the area where mixed
municipal solid waste was depositednew text begin ; or
new text end
new text begin (ii) stopped accepting waste by January 1, 2019, and is located in a county that
meets all applicable recycling goals in section 115A.551 and that has arranged for all
mixed municipal solid waste generated in the county to be delivered to and processed by a
resource recovery facility located in the county for at least 20 yearsnew 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. 28.
Minnesota Statutes 2012, section 116.9401, is amended to read:
116.9401 DEFINITIONS.
(a) For the purposes of sections 116.9401 to deleted text begin 116.9407deleted text end new text begin 116.9425new text end , the following terms
have the meanings given them.
(b) "Agency" means the Pollution Control Agency.
(c) "Alternative" means a substitute process, product, material, chemical, strategy,
or combination of these that is technically feasible and serves a functionally equivalent
purpose to a chemical in a children's product.
(d) "Chemical" means a substance with a distinct molecular composition or a group
of structurally related substances and includes the breakdown products of the substance or
substances that form through decomposition, degradation, or metabolism.
(e) "Chemical of high concern" means a chemical identified on the basis of credible
scientific evidence by a state, federal, or international agency as being known or suspected
with a high degree of probability to:
(1) harm the normal development of a fetus or child or cause other developmental
toxicity;
(2) cause cancer, genetic damage, or reproductive harm;
(3) disrupt the endocrine or hormone system;
(4) damage the nervous system, immune system, or organs, or cause other systemic
toxicity;
(5) be persistent, bioaccumulative, and toxic; or
(6) be very persistent and very bioaccumulative.
(f) "Child" means a person under 12 years of age.
(g) "Children's product" means a consumer product intended for use by children,
such as baby products, toys, car seats, personal care products, and clothing.
(h) "Commissioner" means the commissioner of the Pollution Control Agency.
(i) new text begin "Contaminant" means a trace amount of a chemical that is incidental to
manufacturing and serves no intended function in the product component. Contaminant
includes, but is not limited to, unintended by-products of chemical reactions that
occur during the manufacture of the product component, trace impurities in feedstock,
incompletely reacted chemical mixtures, and degradation products.
new text end
new text begin (j) new text end "Department" means the Department of Health.
deleted text begin (j)deleted text end new text begin (k)new text end "Distributor" means a person who sells consumer products to retail
establishments on a wholesale basis.
deleted text begin (k)deleted text end new text begin (l)new text end "Green chemistry" means an approach to designing and manufacturing
products that minimizes the use and generation of toxic substances.
new text begin
(m) "Intentionally added chemical" means a chemical in a product that serves an
intended function in the product component.
new text end
deleted text begin (l)deleted text end new text begin (n)new text end "Manufacturer" means any person who manufactures a final consumer product
sold at retail or whose brand name is affixed to the consumer product. In the case of a
consumer product imported into the United States, manufacturer includes the importer
or domestic distributor of the consumer product if the person who manufactured or
assembled the consumer product or whose brand name is affixed to the consumer product
does not have a presence in the United States.
new text begin
(o) "Mouthable" means a product that can be placed into and kept in a child's
mouth to be sucked or chewed, including any product or product part smaller than five
centimeters in one dimension. A product that can only be licked is not mouthable.
new text end
new text begin
(p) "Practical quantification limit" means the lowest concentration of a chemical that
can be reliably measured within specified limits of precision, accuracy, representativeness,
completeness, and comparability under routine laboratory operating conditions and the
value of which:
new text end
new text begin
(1) is based on scientifically defensible, standard analytical methods;
new text end
new text begin
(2) may vary depending on the matrix and analytical method used; and
new text end
new text begin
(3) will be determined by the commissioner, taking into consideration practical
quantification limits established by federal or state agencies.
new text end
deleted text begin (m)deleted text end new text begin (q)new text end "Priority chemical" means a chemical identified by the Department of Health
as a chemical of high concern that meets the criteria in section 116.9403.
new text begin
(r) "Product category" means the brick level of the GS1 Global Product Classification
(GPC) standard, which identifies products that serve a common purpose, are of a similar
form and material, and share the same set of category attributes.
new text end
new text begin
(s) "Product code" means the numeric representation of the item level of the
GS1 electronic product code (EPC), the international article number (EAN), or the
universal product code (UPC), whichever is used by a manufacturer to identify a unique
company-specific or brand-specific product.
new text end
new text begin
(t) "Product component" means a uniquely identifiable material or coating including,
but not limited to, an ink or dye that is intended to be included as a part of a finished
children's product.
new text end
deleted text begin (n)deleted text end new text begin (u)new text end "Safer alternative" meansnew text begin :
new text end
new text begin (1)new text end an alternative whose potential to harm human health new text begin or the environment new text end is less
than that of the use of a priority chemical that it could replacedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) an alternative chemical that is not a priority chemical identified by the department
under section 116.9403; or
new text end
new text begin
(3) an alternative chemical that is not identified on the basis of credible scientific
evidence by a state, federal, or international agency as being known or suspected with
a high degree of probability to:
new text end
new text begin
(i) harm the normal development of a fetus or child or cause other developmental
toxicity;
new text end
new text begin
(ii) cause cancer, genetic damage, or reproductive harm;
new text end
new text begin
(iii) disrupt the endocrine or hormone system; or
new text end
new text begin
(iv) damage the nervous system, immune system, or organs, or cause other systemic
toxicity.
new text end
new text begin
(v) "Toy" means a product designed or intended by the manufacturer to be used
by a child at play.
new text end
new text begin
(w) "Trade association" means a membership organization of persons engaging
in a similar or related line of commerce, organized to promote and improve business
conditions in that line of commerce and not to engage in a regular business of a kind
ordinarily carried on for profit.
new text end
Sec. 29.
Minnesota Statutes 2012, section 116.9402, is amended to read:
116.9402 IDENTIFICATION OF CHEMICALS OF HIGH CONCERN.
(a) By July 1, 2010, the department shall, after consultation with the agency,
generate a list of chemicals of high concern.
(b) The department must periodically review and revise the list of chemicals of
high concern at least every three years. The department may add chemicals to the list if
the chemical meets one or more of the criteria in section 116.9401, paragraph (e).new text begin Any
changes to the list of chemicals of high concern must be published on the department's
Web site and in the State Register when a change is made.
new text end
(c) The department shall consider chemicals listed as a suspected carcinogen,
reproductive or developmental toxicant, or as being persistent, bioaccumulative, and
toxic, or very persistent and very bioaccumulative by a state, federal, or international
agency. These agencies may include, but are not limited to, the California Environmental
Protection Agency, the Washington Department of Ecology, the United States Department
of Health, the United States Environmental Protection Agency, the United Nation's World
Health Organization, and European Parliament Annex XIV concerning the Registration,
Evaluation, Authorisation, and Restriction of Chemicals.
(d) The department may consider chemicals listed by another state as harmful to
human health or the environment for possible inclusion in the list of chemicals of high
concern.
Sec. 30.
Minnesota Statutes 2012, section 116.9403, is amended to read:
116.9403 IDENTIFICATION OF PRIORITY CHEMICALS.
new text begin Subdivision 1. new text end
new text begin Designation; publication. new text end
(a) The department, after consultation
with the agency, may designate a chemical of high concern as a priority chemical if the
department finds that the chemical:
(1) has been identified as a high-production volume chemical by the United States
Environmental Protection Agency; and
(2) meets any of the following criteria:
(i) the chemical has been found through biomonitoring to be present in human blood,
including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
(ii) the chemical has been found through sampling and analysis to be present in
household dust, indoor air, drinking water, or elsewhere in the home environment; or
(iii) the chemical has been found through monitoring to be present in fish, wildlife,
or the natural environment.
(b) By February 1, 2011, the department shall publish a list of priority chemicals in
the State Register and on the department's Internet Web site and shall update the published
list whenever a new priority chemical is designated.new text begin Any proposed changes to the list
of priority chemicals must be published on the department's Web site and in the State
Register and will be subject to a minimum 60-day public comment period. In the 60 days
following the date of publication in the State Register, the public may submit comments
to the department on the proposed changes to the priority chemical list. A final list of
changes to the list of priority chemicals must be published on the department's Web site
following the end of the comment period and the department's review and consideration of
all comments received during this period before finalizing changes to the list.
new text end
new text begin Subd. 2. new text end
new text begin Public data. new text end
new text begin
Notwithstanding section 13.37, subdivision 2, the presence
and concentration and total amount of a priority chemical in a specific children's product
reported to the agency under section 116.9409, clauses (1) to (6), are classified as public
data.
new text end
new text begin Subd. 3. new text end
new text begin Not misappropriation of trade secret. new text end
new text begin
Notwithstanding section 325C.01,
subdivision 3, publication of the presence and concentration and total amount of a priority
chemical in a specific children's product under this section is not misappropriation of
a trade secret.
new text end
Sec. 31.
Minnesota Statutes 2012, section 116.9405, is amended to read:
116.9405 deleted text begin APPLICABILITYdeleted text end new text begin EXEMPTIONSnew text end .
The requirements of sections deleted text begin 116.9401deleted text end new text begin 116.9408new text end to deleted text begin 116.9407deleted text end new text begin 116.9425new text end do not
apply to:
(1) chemicals in deleted text begin useddeleted text end new text begin previously ownednew text end children's products;
(2) priority chemicals used in the manufacturing process, but that are not present
in the final product;
(3) priority chemicals used in agricultural production;
(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
86B or their component parts, except that the use of priority chemicals in detachable
car seats is not exempt;
(5) priority chemicals generated solely as combustion by-products or that are present
deleted text begin in combustible fuels;deleted text end new text begin in combustible petroleum fuels or in biofuel, as defined in section
239.051, subdivision 5a;
new text end
(6) retailersnew text begin , except if a retailer is also the producer, manufacturer, importer, or
domestic distributor of a children's product containing a priority chemical or the retailer's
brand name is affixed to a children's product containing a priority chemicalnew text end ;
(7) new text begin over-the-counter drugs, new text end pharmaceutical productsnew text begin , dietary supplements,new text end or
biologics;
(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
States Code, title 21, section 321(h);
(9) deleted text begin food and food or beverage packaging, except a container containing baby food
or infant formula;
deleted text end
deleted text begin (10)deleted text end consumer electronics products and electronic components, including but not
limited to personal computers; audio and video equipment; calculators; digital displays;
wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
devices used to access interactive software or their associated peripherals; or products that
comply with the provisions of directive 2002/95/EC of the European Union, adopted by
the European Parliament and Council of the European Union now or hereafter in effect; deleted text begin or
deleted text end
new text begin
(10) interactive software, such as computer games, and their storage media, such as
compact discs;
new text end
(11) outdoor sport equipment, including snowmobiles as defined in section 84.81,
subdivision 3; all-terrain vehicles as defined in section 84.92, subdivision 8; personal
watercraft as defined in section 86B.005, subdivision 14a; watercraft as defined in section
86B.005, subdivision 18; and off-highway motorcycles, as defined in section 84.787,
subdivision 7, and all attachments and repair parts for all of this equipmentdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(12) batteries; or
new text end
new text begin
(13) a children's product, manufactured or distributed by an individual manufacturer
or distributor, if fewer than 3,000 units of the children's product are manufactured or
distributed annually in the United States by that manufacturer.
new text end
Sec. 32.
Minnesota Statutes 2012, section 116.9406, is amended to read:
116.9406 DONATIONS TO THE STATE.
The commissioner may accept donations, grants, and other funds to carry out the
purposes of sections 116.9401 to deleted text begin 116.9407deleted text end new text begin 116.9425new text end . All donations, grants, and other
funds must be accepted without preconditions regarding the outcomes of the regulatory
oversight processes set forth in sections 116.9401 to deleted text begin 116.9407deleted text end new text begin 116.9425new text end .
Sec. 33.
new text begin
[116.9408] CHILDREN'S PRODUCTS; INITIAL NOTIFICATION
ON PRIORITY CHEMICALS.
new text end
new text begin
(a) A manufacturer or distributor of a children's product offered for sale in this state
that contains a priority chemical must, unless the children's product is not subject to
regulation under section 116.9405, provide the information required under this section
to the agency:
new text end
new text begin
(1) within one year of the effective date of this act, if both the designation of the
priority chemical under section 116.9403 and the offering for sale in this state of the
children's product containing the priority chemical occurred prior to the effective date
of this act;
new text end
new text begin
(2) within one year of the priority chemical being designated under section 116.9403,
if the children's product is initially offered for sale in this state before the designation and
the designation is made after the effective date of this act; or
new text end
new text begin
(3) within one year of the initial offering of the children's product for sale in this
state, if the initial offering occurs after the priority chemical is designated under section
116.9403 and the designation is made after the effective date of this act.
new text end
new text begin
(b) An initial notification is required for each children's product that is known
or believed likely to include a priority chemical in any amount and must include the
following information submitted to the agency on a form developed by the commissioner:
new text end
new text begin
(1) the name of the priority chemical and its Chemical Abstracts Service Registry
number;
new text end
new text begin
(2) in which of the following tiers the children's product containing a priority
chemical belongs:
new text end
new text begin
(i) Tier 1: a mouthable children's product intended to be used by children three years
of age or younger or a children's product intended to be placed in a child's mouth or
directly applied to a child's skin;
new text end
new text begin
(ii) Tier 2: a children's product intended to be in direct contact with a child's skin for
one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
new text end
new text begin
(iii) Tier 3: a children's product intended to be in direct contact with a child's skin
for less than one hour; or
new text end
new text begin
(iv) Tier 4: a children's product in which a priority chemical is contained only in an
internal component that, under normal use, is unlikely to come into direct contact with
a child's skin or mouth;
new text end
new text begin
(3) a description of the product component in which the priority chemical is present;
and
new text end
new text begin
(4) the name and address of the reporting manufacturer or distributor and the name,
address, and telephone number of the contact person for the reporting manufacturer or
distributor.
new text end
Sec. 34.
new text begin
[116.9409] CHILDREN'S PRODUCTS; FULL PRODUCT REPORTING
INFORMATION ON PRIORITY CHEMICALS; TIMING.
new text end
new text begin
A manufacturer or distributor of a children's product offered for sale in this state
that contains a priority chemical must, unless the children's product is not subject to
regulation under section 116.9405, provide the full product information required under
section 116.9410 to the agency. The maximum length of time between the filing of the
information required under section 116.9408, paragraph (a), and the filing of full product
information required under section 116.9410 varies according to the manufacturer's or
distributor's annual aggregate gross sales, both within and outside the state, as reported in
the manufacturer's or distributor's most recently filed federal tax return, as follows:
new text end
new text begin
(1) for a manufacturer or distributor with gross sales exceeding $1,000,000,000, one
year or, for a priority chemical designated under section 116.9403 before January 1, 2014,
by two years after the effective date of this section;
new text end
new text begin
(2) for a manufacturer or distributor with gross sales exceeding $250,000,000 but
less than or equal to $1,000,000,000, 1-1/2 years or, for a priority chemical designated
under section 116.9403 before January 1, 2014, by 2-1/2 years after the effective date
of this section;
new text end
new text begin
(3) for a manufacturer or distributor with gross sales exceeding $100,000,000 but less
than or equal to $250,000,000, two years or, for a priority chemical designated under section
116.9403 before January 1, 2014, by three years after the effective date of this section;
new text end
new text begin
(4) for a manufacturer or distributor with gross sales exceeding $5,000,000 but
less than or equal to $100,000,000, three years or, for a priority chemical designated
under section 116.9403 before January 1, 2014, by four years after the effective date
of this section;
new text end
new text begin
(5) for a manufacturer or distributor with gross sales exceeding $100,000 but less
than or equal to $5,000,000, four years or, for a priority chemical designated under section
116.9403 before January 1, 2014, by five years after the effective date of this section; and
new text end
new text begin
(6) for a manufacturer or distributor with gross sales less than or equal to $100,000,
five years or, for a priority chemical designated under section 116.9403 before January 1,
2014, by six years after the effective date of this section.
new text end
Sec. 35.
new text begin
[116.9410] CHILDREN'S PRODUCTS; FULL PRODUCT REPORTING
INFORMATION ON PRIORITY CHEMICALS.
new text end
new text begin
(a) A manufacturer or distributor of a children's product offered for sale in the state
that contains one or more priority chemicals must, except as provided in paragraph (e) or
if the children's product is not subject to regulation under section 116.9405, provide the
following full product information to the agency on a form developed by the commissioner:
new text end
new text begin
(1) the name of each priority chemical and its Chemical Abstracts Service Registry
number;
new text end
new text begin
(2) in which of the following tiers the children's product containing a priority
chemical belongs:
new text end
new text begin
(i) Tier 1: a mouthable children's product intended to be used by children three years
of age or younger or a children's product intended to be placed in a child's mouth or
directly applied to a child's skin;
new text end
new text begin
(ii) Tier 2: a children's product intended to be in direct contact with a child's skin for
one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
new text end
new text begin
(iii) Tier 3: a children's product intended to be in direct contact with a child's skin
for less than one hour; or
new text end
new text begin
(iv) Tier 4: a children's product in which a priority chemical is contained only in an
internal component that, under normal use, is unlikely to come into direct contact with
a child's skin or mouth;
new text end
new text begin
(3) the product components, materials, or coatings that contain one or more priority
chemicals;
new text end
new text begin
(4) the concentration and total amount of each priority chemical contained in a
children's product, a description of how the concentration was determined, and an
evaluation of the accuracy of the determination. Concentrations at or above the practical
quantification limit must be reported, but may be reported in the following ranges:
new text end
new text begin
(i) greater than or equal to the practical quantification limit but less than 100 ppm;
new text end
new text begin
(ii) greater than or equal to 100 ppm but less than 500 ppm;
new text end
new text begin
(iii) greater than or equal to 500 ppm but less than 1,000 ppm;
new text end
new text begin
(iv) greater than or equal to 1,000 ppm but less than 5,000 ppm;
new text end
new text begin
(v) greater than or equal to 5,000 ppm but less than 10,000 ppm; and
new text end
new text begin
(vi) greater than or equal to 10,000 ppm.
new text end
new text begin
For the purposes of this section, "ppm" means parts per million;
new text end
new text begin
(5) the product category or categories for the children's product;
new text end
new text begin
(6) a description of the function of the priority chemical in the product, including
whether it is present as a contaminant;
new text end
new text begin
(7) the name and address of the manufacturer, distributor, or trade association filing
the report and the name, address, and telephone number of the contact person for the
reporting manufacturer, distributor, or trade association;
new text end
new text begin
(8) evidence describing the extent to which a child is likely to be exposed to the
priority chemical through normal use of the children's product;
new text end
new text begin
(9) the number of units of the children's product sold or distributed in Minnesota
or nationally;
new text end
new text begin
(10) any other information the manufacturer or distributor deems relevant; and
new text end
new text begin
(11) any other information requested by the commissioner.
new text end
new text begin
(b) Reporting shall include all intentionally added chemicals at or above the
applicable practical quantification limit, and contaminants present in a product component
at a concentration above 100 ppm.
new text end
new text begin
(c) Reporting parties are not required to include any specific formula information
or the specific name and address of the facility that is responsible for introduction of a
priority chemical into a children's product or product component.
new text end
new text begin
(d) If the information required in paragraph (a) is not submitted in a timely fashion
or is incomplete or otherwise unacceptable as determined by the agency, the agency may
contract with an independent third party of the agency's choice to provide the information
and may assess a fee on the manufacturer or distributor to pay the costs as specified
under section 116.9419.
new text end
new text begin
(e) The agency shall determine on a case-by-case basis if reporting the information
in paragraph (a), clauses (3) to (9), is required by a manufacturer or distributor whose
children's product belongs in Tier 4 under paragraph (a), clause (2).
new text end
new text begin
(f) If a manufacturer claims that any of the information provided to the agency under
this section is trade secret information under section 13.37, subdivision 1, the agency shall
make a determination regarding the claim. Information determined to be public data shall
be posted on the agency's Web site. This paragraph does not apply to the presence and
concentration and total amount of a priority chemical in a specific children's product,
which is governed under section 116.9403, subdivisions 2 and 3.
new text end
new text begin
(g) A trade association may file the information required under this section on behalf
of a manufacturer or distributor, provided that the trade association includes in the filing a
list of the manufacturers or distributors on whose behalf the trade association is reporting
and all the information otherwise required of an individual manufacturer or distributor.
new text end
Sec. 36.
new text begin
[116.9411] CHILDREN'S PRODUCTS; FULL PRODUCT REPORTING
INFORMATION ON PRIORITY CHEMICALS; SECOND AND SUBSEQUENT
REPORTS.
new text end
new text begin
(a) Following the initial submission of the information required under section
116.9410, a manufacturer or distributor of a children's product offered for sale in the state
that continues to contain a priority chemical must submit the information required under
section 116.9410 to the agency every two years.
new text end
new text begin
(b) If a reporting party determines that there has been no change in the information
required to be filed under section 116.9410 since the most recent filing, the reporting party
may submit a written statement indicating that the previously filed data is still valid, in
lieu of a new duplicate complete report, and must submit the required fees.
new text end
new text begin
(c) If a manufacturer or distributor is required to file more than one report under
section 116.9410 on the same priority chemical in the same children's product code, each
subsequent report must include the following information in addition to the information
required under section 116.9410:
new text end
new text begin
(1) the product code of the children's product; and
new text end
new text begin
(2) a description of the manufacturer's attempts to remove the priority chemical
from the children's product and any evaluation made of the use of safer alternatives to
substitute for the priority chemical contained in the children's product, including the
Chemical Abstracts Service Registry numbers of safer alternatives considered. If the
manufacturer claims that any information provided to the agency under this clause is
trade secret information under section 13.37, subdivision 1, the agency shall make a
determination regarding the claim.
new text end
Sec. 37.
new text begin
[116.9412] CHILDREN'S PRODUCTS; REMOVING A PRIORITY
CHEMICAL; REPORTING REQUIREMENT.
new text end
new text begin
A manufacturer or distributor who removes a priority chemical from a children's
product for which an initial notification has been filed under section 116.9408 or for which
full product information has been filed under section 116.9410 must notify the agency
of the removal at the earliest date possible. If the priority chemical removed is replaced
by a safer alternative, the manufacturer or distributor must provide, on a form developed
by the commissioner, the information in section 116.9410, paragraph (a), clauses (1) to
(7), and the name of the safer alternative and its Chemical Abstracts Service Registry
number, or, if not replaced by a chemical alternative, a description of the techniques or
design changes implemented. The safer alternative or nonchemical techniques or design
changes are trade secrets.
new text end
Sec. 38.
new text begin
[116.9419] FEES.
new text end
new text begin
(a) The agency shall, if applicable, assess and collect the following fees from
manufacturers and distributors of children's products offered for sale in this state:
new text end
new text begin
(1) a fee of $1,000 for each full product report required under section 116.9410. If
a children's product contains more than one priority chemical, each priority chemical is
subject to this fee;
new text end
new text begin
(2) a fee equal to the costs billed by the independent contractor plus the agency's
actual incurred costs to bid and administer the contract for each contract issued under
section 116.9410, paragraph (d); and
new text end
new text begin
(3) a fee equal to twice the fee in clause (1) for the second full product report
required under section 116.9410 on the same priority chemical in the same children's
product. The fee for each subsequent full product report required under that section is
correspondingly increased by an amount equal to the fee in clause (1).
new text end
new text begin
(b) No fee is required for filing an initial notification under section 116.9408.
new text end
new text begin
(c) The commissioner shall deposit all fees collected under this section in the
environmental fund. All fees collected under this section are exempt from section
16A.1285.
new text end
Sec. 39.
new text begin
[116.9420] STATE AGENCY DUTIES.
new text end
new text begin
(a) The agency shall publish all data that is required to be filed under sections
116.9410 and 116.9411 and that is not trade secret data on the agency's Web site and
through other means determined by the commissioner.
new text end
new text begin
(b) If a priority chemical continues to be used in a specific children's product after
its manufacturer files a report required under section 116.9411, the commissioner may
recommend options to further reduce or eliminate the use of the priority chemical in the
report required under section 116.9425.
new text end
new text begin
(c) The commissioner, in consultation with the commissioners of commerce and
health, may use fee revenue in excess of program implementation costs to offer grants
awarded competitively to manufacturers or other researchers to develop safer alternatives
to priority chemicals in children's products, to establish alternatives as safer alternatives,
or to accelerate the commercialization of safer alternatives.
new text end
new text begin
(d) The commissioners of health and commerce shall develop and implement
an education effort regarding priority chemicals in children's products. Education and
outreach activities include, but are not limited to, consumer product safety advice;
notification of recalls; identification of target audiences for product alerts and methods
of notification; outreach and feedback at county and state fairs; publicity of reporting
requirements of priority chemicals in children's products; and education of retailers about
reporting requirements.
new text end
Sec. 40.
new text begin
[116.9423] ENFORCEMENT.
new text end
new text begin
The agency shall enforce sections 116.9401 to 116.9424 and rules adopted
thereunder in the manner provided by section 115.071, subdivisions 1, 3, 4, 5, and 6.
Section 115.071, subdivision 2, does not apply to violations of sections 116.9401 to
116.9424 and rules adopted thereunder.
new text end
Sec. 41.
new text begin
[116.9424] RULES.
new text end
new text begin
The commissioner or the commissioner of commerce may adopt rules as necessary
to implement, administer, and enforce sections 116.9401 to 116.9425.
new text end
Sec. 42.
new text begin
[116.9425] REPORT.
new text end
new text begin
By November 15, 2015, and every three years thereafter, the commissioners of the
Pollution Control Agency, health, and commerce shall report to the legislative committees
with jurisdiction over environment and natural resources, commerce, and public health
on the implementation of sections 116.9401 to 116.9424.
new text end
Sec. 43.
new text begin
[168.1295] STATE PARKS AND TRAILS PLATES.
new text end
new text begin Subdivision 1. new text end
new text begin General requirements and procedures. new text end
new text begin
(a) The commissioner shall
issue state parks and trails plates to an applicant who:
new text end
new text begin
(1) is a registered owner of a passenger automobile, recreational vehicle, one ton
pickup truck, or motorcycle;
new text end
new text begin
(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
new text end
new text begin
(3) pays the registration tax required under section 168.013;
new text end
new text begin
(4) pays the fees required under this chapter;
new text end
new text begin
(5) contributes a minimum of $50 annually to the state parks and trails donation
account established in section 85.056; and
new text end
new text begin
(6) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.
new text end
new text begin
(b) The state parks and trails plate application must indicate that the contribution
specified under paragraph (a), clause (5), is a minimum contribution to receive the plate
and that the applicant may make an additional contribution to the account.
new text end
new text begin
(c) State parks and trails plates may be personalized according to section 168.12,
subdivision 2a.
new text end
new text begin Subd. 2. new text end
new text begin Design. new text end
new text begin
After consultation with interested groups, the commissioners of
natural resources and public safety shall jointly select a suitable symbol for use by the
commissioner of public safety to design the state parks and trails plates.
new text end
new text begin Subd. 3. new text end
new text begin No refund. new text end
new text begin
Contributions under this section must not be refunded.
new text end
new text begin Subd. 4. new text end
new text begin Plate transfers. new text end
new text begin
Notwithstanding section 168.12, subdivision 1, on
payment of a transfer fee of $5, plates issued under this section may be transferred to
another passenger automobile registered to the person to whom the plates were issued.
new text end
new text begin Subd. 5. new text end
new text begin Contribution and fees credited. new text end
new text begin
Contributions under subdivision 1,
paragraph (a), clause (5), must be paid to the commissioner and credited to the state
parks and trails donation account established in section 85.056. The other fees collected
under this section must be deposited in the vehicle services operating account of the
special revenue fund under section 299A.705.
new text end
new text begin Subd. 6. new text end
new text begin Record. new text end
new text begin
The commissioner shall maintain a record of the number of
plates issued under this section.
new text end
new text begin Subd. 7. new text end
new text begin Exemption. new text end
new text begin
Special plates issued under this section are not subject to
section 168.1293, subdivision 2.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to applications submitted on or after January 1, 2016, or the date the new driver and
vehicle services information technology system is implemented, whichever comes later.
new text end
Sec. 44.
new text begin
[347.57] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Terms. new text end
new text begin
The definitions in this section apply to sections 347.57
to 347.64.
new text end
new text begin Subd. 2. new text end
new text begin Animal. new text end
new text begin
"Animal" means a dog or a cat.
new text end
new text begin Subd. 3. new text end
new text begin Board. new text end
new text begin
"Board" means the Board of Animal Health.
new text end
new text begin Subd. 4. new text end
new text begin Cat. new text end
new text begin
"Cat" means a mammal that is wholly or in part of the species Felis
domesticus. An adult cat is a cat 28 weeks of age or older. A kitten is a cat under 28
weeks of age.
new text end
new text begin Subd. 5. new text end
new text begin Commercial breeder. new text end
new text begin
"Commercial breeder" means a person who
possesses or has an ownership interest in animals and is engaged in the business of
breeding animals for sale or for exchange in return for consideration, and who possesses
ten or more adult intact animals and whose animals produce more than five total litters of
puppies or kittens per year.
new text end
new text begin Subd. 6. new text end
new text begin Confinement area. new text end
new text begin
"Confinement area" means a structure used or
designed for use to restrict an animal to a limited amount of space, such as a room, pen,
cage, kennel, compartment, crate, or hutch.
new text end
new text begin Subd. 7. new text end
new text begin Dog. new text end
new text begin
"Dog" means a mammal that is wholly or in part of the species Canis
familiaris. An adult dog is a dog 28 weeks of age or older. A puppy is a dog under 28
weeks of age.
new text end
new text begin Subd. 8. new text end
new text begin Facility. new text end
new text begin
"Facility" means the place used by a commercial breeder for
breeding animals, and includes all buildings, property, confinement areas, and vehicles.
new text end
new text begin Subd. 9. new text end
new text begin Local animal control authority. new text end
new text begin
"Local animal control authority" means
an agency of the state, county, municipality, or other political subdivision of the state that
is responsible for animal control operations in its jurisdiction.
new text end
new text begin Subd. 10. new text end
new text begin Person. new text end
new text begin
"Person" means a natural person, firm, partnership, corporation,
or association, however organized.
new text end
new text begin Subd. 11. new text end
new text begin Possess. new text end
new text begin
"Possess" means to have custody of or have control over.
new text end
new text begin Subd. 12. new text end
new text begin Veterinarian. new text end
new text begin
"Veterinarian" means a veterinarian in good standing and
licensed in the state of Minnesota.
new text end
Sec. 45.
new text begin
[347.58] LICENSING AND INSPECTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Licensing. new text end
new text begin
(a) The board may grant an operating license to a
commercial breeder and must enforce sections 347.58 to 347.64.
new text end
new text begin
(b) Beginning July 1, 2015, a commercial breeder must obtain an annual license
for each facility it owns or operates. More than one building on the same premises is
considered one facility. The initial prelicense inspection fee and the annual license fee is
$10 per adult intact animal, but each fee must not exceed $250.
new text end
new text begin
(c) The board must perform an announced initial prelicense inspection within 60
days from the date of receiving a license application. A commercial breeder is not in
violation of this section if the commercial breeder has filed a completed license application
with the board and the board has not performed the initial prelicense inspection. The
board must inspect a commercial breeder's facility before an initial license is issued. The
initial prelicense inspection fee must be included with the license application. Upon
completion of the inspection, the inspector must provide the commercial breeder an
inspection certificate signed by the inspector in a format approved by the board.
new text end
new text begin
(d) The license application must indicate if a commercial breeder operates under
more than one name from a single location or has an ownership interest in any other
facility. License holders must keep separate records for each business name.
new text end
new text begin
(e) The application must include a statement that includes the following information:
new text end
new text begin
(1) whether any license held by an applicant under this section or under any other
federal, state, county, or local law, ordinance, or other regulation relating to breeding cats
or dogs was ever suspended, revoked, or denied; and
new text end
new text begin
(2) whether the applicant was ever convicted of animal cruelty.
new text end
new text begin
(f) An application from a partnership, corporation, or limited liability company must
include the name and address of all partners, directors, officers, or members and must
include a notation of any partners, directors, officers, members, or others authorized to
represent the partnership, corporation, or limited liability company.
new text end
new text begin
(g) A nonresident applicant must consent to adjudication of any violation under the
laws of the state of Minnesota and in Minnesota courts.
new text end
new text begin
(h) A license issued under this section is not transferable.
new text end
new text begin
(i) A license holder must apply for license renewal annually by submitting a renewal
application on a form approved by the board. The license renewal application must be
postmarked or submitted electronically in a method approved by the board by July 1
of each year. The board may assess a late renewal penalty of up to 50 percent of the
license fee. If a license is not renewed by August 1, the board may require the commercial
breeder to reapply for an initial license.
new text end
new text begin
(j) A commercial breeder must submit to the board an annual report by July 1 on a
form prepared by the board. The form must include the current number of cats and dogs at
the facility on the date of the report, the number of animals during the preceding year that
were sold, traded, bartered, leased, brokered, given away, euthanized, or deceased from
other causes, and any other information required by the board.
new text end
new text begin
(k) If a commercial breeder is required to be licensed by the United States
Department of Agriculture, United States Department of Agriculture inspection reports
and records relating to animal care plans and veterinary care must be made available
during an inspection, upon request.
new text end
new text begin
(l) A commercial breeder must prominently display the commercial breeder's license
at each facility.
new text end
new text begin
(m) A commercial breeder's state license number or a symbol approved by the board
must be included in all of the commercial breeder's advertisements or promotions that
pertain to animals being sold or traded including, but not limited to, all newspapers,
Internet, radio, or flyers.
new text end
new text begin
(n) A commercial breeder must notify the board by certified mail or electronically
in a method approved by the board within ten days of any change in address, name,
management, or substantial control and ownership of the business or operation.
new text end
new text begin
(o) The board must refuse to issue an initial license when a commercial breeder:
new text end
new text begin
(1) is in violation of section 343.21; 343.24; 343.27; 343.28; 343.31; 343.37; 346.37;
346.38; 346.39; 346.44; or 346.155;
new text end
new text begin
(2) has failed to meet any of the requirements of this section and section 347.59;
new text end
new text begin
(3) is in violation of a local ordinance regarding breeders;
new text end
new text begin
(4) has been convicted, other than a petty misdemeanor conviction, of cruelty to
animals under Minnesota law or a substantially similar animal cruelty law of another
jurisdiction;
new text end
new text begin
(5) has had a substantially similar license denied, revoked, or suspended by another
federal or state authority within the last five years; or
new text end
new text begin
(6) has falsified any material information requested by the board.
new text end
new text begin
(p) A person who has been an officer, agent, direct family member, or employee of a
commercial breeder whose license was revoked or suspended and who was responsible for
or participated in the violation that was a basis for the revocation or suspension may not
be licensed while the revocation or suspension is in effect.
new text end
new text begin Subd. 2. new text end
new text begin Inspections. new text end
new text begin
(a) The board must inspect each licensed facility at least
annually. The inspection must be with the commercial breeder or an agent of the
commercial breeder present. The inspector must submit an inspection report to the board
within ten days of each inspection on a form prepared by the board. The inspection report
form must list separately each law, rule, regulation, and ordinance the facility is not in
compliance with and what correction is required for compliance. The inspection report
form must document the animal inventory on the date of the inspection.
new text end
new text begin
(b) If, after the prelicense inspection, the commercial breeder has two consecutive
years of inspections with no violations, the board must inspect the commercial breeder at
least every two years. If the commercial breeder has any violations during an inspection or
if the board has cause, the board must inspect the commercial breeder at least annually.
new text end
new text begin
(c) If a license to operate is suspended, revoked, or denied, the board must be granted
access to the facility during normal business hours to verify that it is not operating.
new text end
new text begin Subd. 3. new text end
new text begin Record requirements. new text end
new text begin
(a) The commercial breeder must keep records on
each animal at the facility that includes:
new text end
new text begin
(1) the name, address, and United States Department of Agriculture license number,
if applicable, from whom an animal was received; the date the commercial breeder
received the animal; the date of the animal's birth; the breed, sex, color, and identifying
marks of the animal; any identifying tag, tattoo, microchip, or collar number; worming
treatments, vaccinations, and name of the person who administered the vaccination;
medication received by the animal while in the possession of the commercial breeder; and
any disease conditions diagnosed by a veterinarian; and
new text end
new text begin
(2) the name and address of the person or entity to whom an animal was transferred.
new text end
new text begin
(b) The commercial breeder must maintain a copy of the records required to be
kept under this subdivision for two years.
new text end
new text begin Subd. 4. new text end
new text begin Veterinary protocol. new text end
new text begin
(a) A commercial breeder must establish and
maintain a written protocol for disease control and prevention, euthanasia, and veterinary
care of animals at each facility. The initial protocol must be developed under the direction
and supervision of the board. A commercial breeder must maintain a written protocol that
is updated at least every 12 months and that is signed and dated by the board or by a
veterinarian along with the commercial breeder. The written protocol must be available to
the board upon request or at the time of inspection.
new text end
new text begin
(b) An animal sold or otherwise distributed by a commercial breeder must be
accompanied by a veterinary health certificate completed by a veterinarian. The certificate
must be completed within 30 days prior to the sale or distribution and must indicate that
the animal is current with vaccinations and has no signs of infectious or contagious
diseases. The certificate accompanying an adult dog that was not spayed or neutered must
indicate that the dog has no signs of infectious or contagious diseases and was tested for
canine brucellosis with a test approved by the board and found to be negative.
new text end
new text begin Subd. 5. new text end
new text begin Posting of information. new text end
new text begin
The board must maintain and post in a timely
manner on its Web site a list of commercial breeders licensed and in good standing
under this section.
new text end
Sec. 46.
new text begin
[347.59] STANDARDS OF CARE.
new text end
new text begin
(a) A commercial breeder must comply with chapters 343 and 346.
new text end
new text begin
(b) A commercial breeder must ensure that animals that are part of the commercial
breeder's breeding business operations are cared for as follows:
new text end
new text begin
(1) cats must not be housed in outdoor confinement areas;
new text end
new text begin
(2) animals exercised in groups must be compatible and show no signs of contagious
or infectious disease;
new text end
new text begin
(3) females in estrus must not be housed in the same confinement area with
unneutered males, except for breeding purposes;
new text end
new text begin
(4) animals must be provided daily enrichment and must be provided positive physical
contact with human beings and compatible animals at least twice daily unless a veterinarian
determines such activities would adversely affect the health or well-being of the animal;
new text end
new text begin
(5) animals must not be sold, traded, or given away before the age of eight weeks
unless a veterinarian determines it would be in the best interests of the health or well-being
of the animal;
new text end
new text begin
(6) the commercial breeder must provide identification and tracking for each animal,
which is not transferable to another animal; and
new text end
new text begin
(7) the commercial breeder must provide adequate staff to maintain the facility and
observe each animal daily to monitor each animal's health and well-being, and to properly
care for the animals.
new text end
new text begin
(c) A commercial breeder must not knowingly hire staff or independent contractors
who have been convicted of cruelty to animals under the law of any jurisdiction.
new text end
new text begin
(d) A commercial breeder must comply with any additional standards the board
considers necessary to protect the public health and welfare of animals covered under
sections 347.57 to 347.61. The standards must be established by rule.
new text end
new text begin
(e) A United States Department of Agriculture (USDA) licensed breeder or dealer
who is in compliance with the minimum USDA regulations governing the license holder
as they relate to animal confinement areas as of the effective date of this section does not
have to comply with the minimum confinement area measurements under section 346.39,
subdivision 4, for existing confinement areas in each facility the breeder or dealer owns. If
a USDA-licensed breeder or dealer builds a new confinement area after the effective date
of this section, those minimum standards must meet or exceed the minimum specifications
as they relate to confinement area size under section 346.39, subdivision 4.
new text end
Sec. 47.
new text begin
[347.60] INVESTIGATIONS.
new text end
new text begin
(a) The board must initiate an investigation upon receiving a formal complaint
alleging violations of section 347.58 or 347.59.
new text end
new text begin
(b) When a local animal control authority, a peace officer, or a humane agent
appointed under section 343.01 is made aware of an alleged violation under this chapter
or chapter 343 or 346, committed by a commercial breeder, the local animal control
authority, peace officer, or humane agent appointed under section 343.01 must report the
alleged violation in a timely manner to the board.
new text end
Sec. 48.
new text begin
[347.61] CIVIL ENFORCEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Correction orders. new text end
new text begin
(a) The board may issue a correction order
requiring a commercial breeder to correct a violation of state statutes, rules, and
regulations governing breeding facilities. The correction order must state the deficiencies
that constitute the violation; the specific statute, rule, or regulation violated; and when
the violation must be corrected.
new text end
new text begin
(b) A commercial breeder may ask the board to reconsider any portion of the
correction order that the commercial breeder believes is in error. The request for
reconsideration must be made in writing by certified mail or electronically in a method
approved by the board within seven days after receipt of the correction order. The
request for reconsideration does not stay the correction order. The board must respond
to the request for reconsideration within 15 days after receiving a request. The board's
disposition of a request for reconsideration is final. The board may extend the time for
complying with a correction order after receiving a request for reconsideration if necessary.
new text end
new text begin
(c) The board must reinspect the facility within 15 days after the time for correcting
the violation has passed to determine whether the violation has been corrected. If the
violation has been corrected, the board must notify the commercial breeder in writing that
the commercial breeder is in compliance with the correction order. The board may charge
a reinspection fee to determine if a previous violation has been corrected.
new text end
new text begin Subd. 2. new text end
new text begin Administrative penalty orders. new text end
new text begin
After the inspection required under
subdivision 1, paragraph (c), the board may issue an order requiring violations to
be corrected and administratively assessing monetary penalties for violations. The
administrative penalty order must include a citation of the statute, rule, or regulation
violated; a description of the violation; and the amount of the penalty for each violation. A
single correction order may assess a maximum administrative penalty of $5,000.
new text end
new text begin Subd. 3. new text end
new text begin Injunctive relief. new text end
new text begin
In addition to any other remedy provided by law, the
board may bring an action for injunctive relief in the district court in Ramsey County or in
the county in which a violation of the statutes, rules, or regulations governing the breeding
of cats and dogs occurred to enjoin the violation.
new text end
new text begin Subd. 4. new text end
new text begin Cease and desist. new text end
new text begin
The board must issue an order to cease a practice if its
continuation would result in an immediate risk to animal welfare or public health. An
order issued under this subdivision is effective for a maximum of 72 hours. The board or
its designated agent must seek an injunction or take other administrative action authorized
by law to restrain a practice beyond 72 hours. The issuance of a cease-and-desist order
does not preclude other enforcement action by the board.
new text end
new text begin Subd. 5. new text end
new text begin Refusal to reissue license; license suspension or revocation. new text end
new text begin
(a) The
board may suspend, revoke, or refuse to renew a license as follows:
new text end
new text begin
(1) for failure to comply with a correction order;
new text end
new text begin
(2) for failure to pay an administrative penalty;
new text end
new text begin
(3) for failure to meet the requirements of section 347.58 or 347.59; or
new text end
new text begin
(4) for falsifying information requested by the board.
new text end
new text begin
A license suspension, revocation, or nonrenewal may be appealed through the Office of
Administrative Hearings. A notice of intent to appeal must be filed in writing with the
board within 20 days after receipt of the notice of suspension, revocation, or nonrenewal.
new text end
new text begin
(b) The board must revoke a license if a commercial breeder has been convicted
of cruelty to animals under Minnesota law or a substantially similar animal cruelty law
of another jurisdiction, or for the denial, revocation, or suspension of a similar license
by another federal or state authority. A license revocation under this subdivision may be
appealed through the Office of Administrative Hearings. A notice of intent to appeal must
be filed in writing with the board within 20 days after receipt of the notice of revocation.
new text end
new text begin
(c) A commercial breeder whose license is revoked may not reapply for licensure for
two years after the date of revocation. The license is permanently revoked if the basis for
the revocation was a gross misdemeanor or felony conviction for animal cruelty.
new text end
new text begin
(d) A commercial breeder whose license is suspended or revoked two times is
permanently barred from licensure.
new text end
new text begin Subd. 6. new text end
new text begin Administrative hearing rights. new text end
new text begin
(a) Except as provided in paragraph
(b), if the board proposes to refuse to renew, suspend, or revoke a license, the board
must first notify the commercial breeder in writing of the proposed action and provide an
opportunity to request a hearing under the contested case provisions of chapter 14. If the
commercial breeder does not request a hearing within 20 days after receipt of the notice of
the proposed action, the board may proceed with the action without a hearing.
new text end
new text begin
(b) The contested case provisions of chapter 14 do not apply when the board denies
a license based on an applicant's failure to meet the minimum qualifications for licensure.
new text end
new text begin
(c) A commercial breeder may appeal the amount of an administrative penalty
order through the Office of Administrative Hearings pursuant to the procedures set forth
in chapter 14. A commercial breeder wishing to file an appeal must notify the board in
writing within 20 days after receipt of the administrative penalty order.
new text end
new text begin Subd. 7. new text end
new text begin Other jurisdictions. new text end
new text begin
The board may accept as prima facie evidence of
grounds for an enforcement action under this section any enforcement or disciplinary
action from another jurisdiction, if the underlying violation would be grounds for a
violation under the provisions of this section.
new text end
new text begin Subd. 8. new text end
new text begin Appeals. new text end
new text begin
A final order by the board may be appealed to the Minnesota
Court of Appeals.
new text end
Sec. 49.
new text begin
[347.615] BIOSECURITY; ENTRY INTO FACILITIES.
new text end
new text begin
No law enforcement officer, agent of the board, or other official may enter a
commercial breeder facility unless the person follows either the biosecurity procedure
issued by the board or a reasonable biosecurity procedure maintained and prominently
posted by the commercial breeder at each entry to a facility, whichever is more stringent.
This section does not apply in emergency or exigent circumstances.
new text end
Sec. 50.
new text begin
[347.62] PENALTIES.
new text end
new text begin
(a) A violation of section 347.58 or 347.59 that results in cruelty or torture to an
animal, as those terms are defined in section 343.20, subdivision 3, is subject to the
penalties in section 343.21, subdivisions 9 and 10, relating to pet or companion animals.
new text end
new text begin
(b) It is a misdemeanor to falsify information in a license application, annual report,
or record.
new text end
new text begin
(c) It is a misdemeanor for an unlicensed commercial breeder to advertise animals
for sale.
new text end
new text begin
(d) It is a misdemeanor for a commercial breeder to operate without a license.
new text end
Sec. 51.
new text begin
[347.63] DOG AND CAT BREEDERS LICENSING ACCOUNT;
APPROPRIATION.
new text end
new text begin
A dog and cat breeders licensing account is created in the special revenue fund.
All fees and penalties collected by the board under sections 347.58 to 347.62 must be
deposited in the state treasury and credited to the dog and cat breeders licensing account
in the special revenue fund. Money in the account, including interest on the account, is
annually appropriated to the board to administer those sections.
new text end
Sec. 52.
new text begin
[347.64] APPLICABILITY.
new text end
new text begin
Sections 347.57 to 347.63 do not apply to:
new text end
new text begin
(1) any species other than dogs and cats as they are defined in section 347.57; and
new text end
new text begin
(2) veterinary clinics or veterinary hospitals.
new text end
Sec. 53.
Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended by
Laws 2009, chapter 37, article 1, section 61, is amended to read:
Subd. 7.Fish and Wildlife Management
|
123,000 |
119,000 |
||||
| Appropriations by Fund |
||
| General |
-0- |
(427,000) |
| Game and Fish |
123,000 |
546,000 |
$329,000 in 2009 is a reduction for fish and
wildlife management.
$46,000 in 2009 is a reduction in the
appropriation for the Minnesota Shooting
Sports Education Center.
$52,000 in 2009 is a reduction for licensing.
$123,000 in 2008 and $246,000 in 2009 are
from the game and fish fund to implement
fish virus surveillance, prepare infrastructure
to handle possible outbreaks, and implement
control procedures for highest risk waters
and fish production operations. This is a
onetime appropriation.
Notwithstanding Minnesota Statutes, section
297A.94, paragraph (e), $300,000 in 2009
is from the second year appropriation in
Laws 2007, chapter 57, article 1, section 4,
subdivision 7, from the heritage enhancement
account in the game and fish fund deleted text begin to study,
predesign, and design a shooting sports
facility in the seven-county metropolitan
areadeleted text end new text begin for shooting sports facilities. Of this
amount, $100,000 is for a grant to the Itasca
County Gun Club for shooting sports facility
improvements; and the remaining balance
is for trap shooting facility grants under
Minnesota Statutes, section 87A.10new text end . This is
available onetime only and is available until
expended.
$300,000 in 2009 is appropriated from the
game and fish fund for only activities that
improve, enhance, or protect fish and wildlife
resources. This is a onetime appropriation.
Sec. 54.
Laws 2012, chapter 249, section 11, is amended to read:
Sec. 11. COSTS OF SCHOOL TRUST LANDS DIRECTOR AND
LEGISLATIVE PERMANENT SCHOOL FUND COMMISSION.
(a) The costs of the school trust lands director, including the costs of hiring staff,
and the Legislative Permanent School Fund Commission for fiscal years 2014 deleted text begin anddeleted text end new text begin ,new text end 2015new text begin ,
and 2016new text end shall be from the state forest deleted text begin developmentdeleted text end new text begin suspense new text end account under Minnesota
Statutes, section 16A.125, and from the minerals management account under Minnesota
Statutes, section 93.2236deleted text begin , as appropriated by the legislaturedeleted text end .
(b) The school trust lands director and the Legislative Permanent School Fund
Commission shall submit to the deleted text begin 2014deleted text end new text begin 2015 new text end legislature a proposal to fund the operational
costs of the Legislative Permanent School Fund Commission and school trust lands
director and staff with a cost certification method using revenues generated by the
permanent school fund lands.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 55. new text begin RECOGNITION; COMMERCIAL BREEDER EXCELLENCE.
new text end
new text begin
The Board of Animal Health, in consultation with representatives of the licensed
commercial breeder industry, must develop a program to recognize persons who
demonstrate commercial breeder excellence and exceed the standards and practices
required of commercial breeders under this act.
new text end
Sec. 56. new text begin REGISTRATION; INITIAL PRELICENSE INSPECTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Commercial breeder registration. new text end
new text begin
Beginning July 1, 2014, until
June 30, 2015, a commercial breeder must register each facility it owns or operates by
paying a registration fee not to exceed $250 per facility to the Board of Animal Health.
new text end
new text begin Subd. 2. new text end
new text begin Initial prelicense inspections. new text end
new text begin
Beginning July 1, 2014, the board may
begin the initial prelicense inspections under Minnesota Statutes, section 347.58.
new text end
new text begin Subd. 3. new text end
new text begin Deposits of fees. new text end
new text begin
Fees collected under this section must be deposited in the
dog and cat breeders licensing account in the special revenue fund.
new text end
Sec. 57. new text begin BEE VALUATION PROTOCOL REQUIRED.
new text end
new text begin
No later than January 1, 2015, the commissioner of agriculture must report to
the house of representatives and senate committees with jurisdiction over agriculture
finance the protocol that the commissioner developed, in consultation with experts, for
determining the fair market value of bees, hives, colonies, apiaries, and queen apiaries for
purposes of compensation under Minnesota Statutes, section 18B.055.
new text end
Sec. 58. new text begin INVASIVE TERRESTRIAL PLANTS AND PESTS CENTER.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Board of Regents of the University of Minnesota
is requested to establish an Invasive Terrestrial Plants and Pests Center to prevent and
minimize the threats posed by terrestrial invasive plants, other weeds, pathogens, and
pests in order to protect the state's prairies, forests, wetlands, and agricultural resources.
With the approval of the board, the College of Food, Agricultural and Natural Resource
Science, in coordination with the College of Biological Sciences, shall administer the
center utilizing the following departments:
new text end
new text begin
(1) Entomology;
new text end
new text begin
(2) Plant Pathology;
new text end
new text begin
(3) Forest Resources;
new text end
new text begin
(4) Horticultural Science;
new text end
new text begin
(5) Fisheries Wildlife and Conservation Biology;
new text end
new text begin
(6) Agronomy and Plant Genetics;
new text end
new text begin
(7) Plant Biology; and
new text end
new text begin
(8) Ecology, Evolution, and Behavior.
new text end
new text begin
The college may also utilize the following research and outreach centers in
achieving the purposes of this section: Cloquet Forestry Center; North Central Research
and Outreach Center; Northwest Research and Outreach Center; Southern Research and
Outreach Center; Southwest Research and Outreach Center; West Central Research and
Outreach Center; Rosemount Research and Outreach Center; Horticultural Research
Center; and Sand Plain Research Center.
new text end
new text begin Subd. 2. new text end
new text begin Purpose. new text end
new text begin
The purpose of the Invasive Terrestrial Plants and Pests Center is
to research and develop effective measures to prevent and minimize the threats posed by
terrestrial invasive plants, pathogens, and pests, including agricultural weeds and pests, in
order to protect the state's native prairies, forests, wetlands, and agricultural resources, by:
new text end
new text begin
(1) creating a prioritized list of pest and plant species that threaten the state's prairies,
forests, wetlands, and agricultural resources and making the list publicly accessible; and
new text end
new text begin
(2) conducting research focused on the species included on the prioritized list
developed under this subdivision that includes:
new text end
new text begin
(i) development of new control methods, including biocontrols;
new text end
new text begin
(ii) development of integrated pest management tools that minimize nontarget
impacts;
new text end
new text begin
(iii) research projects focused on establishment prevention, early detection, and
rapid response;
new text end
new text begin
(iv) an analysis of any consequences related to the management of prioritized species
to the state's water, pollinators, and native prairies and other native species; and
new text end
new text begin
(v) reports on the results that are made publicly accessible.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
By January 15, each year as a condition of the appropriation
provided under this act, the Board of Regents of the University of Minnesota shall submit
a report to the chairs and ranking minority members of the house of representatives and
senate committees and divisions with jurisdiction over the environment and natural
resources and agriculture on: (1) the activities and outcomes of the center; and (2) any
recommendations for additional funding for education, implementation, or other activities.
new text end
Sec. 59. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, section 115A.551, subdivision 2,
new text end
new text begin
is repealed.
new text end
EDUCATION
ARTICLE 16
GENERAL EDUCATION
Section 1.
Minnesota Statutes 2012, section 123A.05, subdivision 2, is amended to read:
Subd. 2.
Reserve revenue.
Each district that is a member of an area learning center
or alternative learning program must reserve revenue in an amount equal to the sum of
(1) at least 90 new text begin and no more than 100 new text end percent of the district average general education
revenue per new text begin adjusted new text end pupil unit minus an amount equal to the product of the formula
allowance according to section 126C.10, subdivision 2, times deleted text begin .0485deleted text end new text begin .0466new text end , calculated
without basic skills revenue and transportation sparsity revenue, times the number of
pupil units attending an area learning center or alternative learning program under this
section, plus (2) the amount of basic skills revenue generated by pupils attending the area
learning center or alternative learning program. The amount of reserved revenue under
this subdivision may only be spent on program costs associated with the area learning
center or alternative learning program.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 2.
Minnesota Statutes 2013 Supplement, section 123B.75, subdivision 5, is
amended to read:
Subd. 5.
Levy recognition.
For fiscal year deleted text begin 2011deleted text end new text begin 2014new text end and later years, in June of
each year, the school district must recognize as revenue, in the fund for which the levy
was made, the lesser of:
(1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section 126C.13, subdivision
4, received in July and August of that calendar year; or
(2) the sum of:
(i) deleted text begin the greater of 48.6 percent of the referendum levy certified according to section
126C.17 in the prior calendar year, ordeleted text end 31 percent of the referendum levy certified
according to section 126C.17 in calendar year 2000; plus
(ii) the entire amount of the levy certified in the prior calendar year according
to section 124D.4531deleted text begin , 124D.86, subdivision 4, for school districts receiving revenue
under sections 124D.86, subdivision 3, clauses (1), (2), and (3)deleted text end ; 124D.862, for Special
School District No. 1, Minneapolis, Independent School District No. 625, St. Paul, and
Independent School District No. 709, Duluth; 126C.41, subdivisions 1, 2, paragraph (a),
and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; and 126C.48, subdivision 6deleted text begin ; plus
deleted text end
deleted text begin (iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
school district's general and community service funds, plus or minus auditor's adjustments,
that remains after subtracting the referendum levy certified according to section 126C.17
and the amount recognized according to item (ii)deleted text end .
Sec. 3.
Minnesota Statutes 2012, section 124D.09, subdivision 9, is amended to read:
Subd. 9.
Enrollment priority.
A postsecondary institution shall give priority to its
postsecondary students when enrolling 10th, 11th, and 12th grade pupils in its courses.
A postsecondary institution may provide information about its programs to a secondary
school or to a pupil or parent and it may advertise or otherwise recruit or solicit a
secondary pupil to enroll in its programs on educational and programmatic grounds only.
An institution must not enroll secondary pupils, for postsecondary enrollment options
purposes, in remedial, developmental, or other courses that are not college levelnew text begin except
when a student eligible to participate in the graduation incentives program under section
124D.68 enrolls full time in a middle or early college program specifically designed to
allow the student to earn dual high school and college credit. In this case, the student shall
receive developmental college credit and not college credit for completing remedial or
developmental coursesnew text end . Once a pupil has been enrolled in a postsecondary course under
this section, the pupil shall not be displaced by another student.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2014.
new text end
Sec. 4.
Minnesota Statutes 2012, section 124D.09, subdivision 13, is amended to read:
Subd. 13.
Financial arrangements.
For a pupil enrolled in a course under this
section, the department must make payments according to this subdivision for courses that
were taken for secondary credit.
The department must not make payments to a school district or postsecondary
institution for a course taken for postsecondary credit only. The department must not
make payments to a postsecondary institution for a course from which a student officially
withdraws during the first 14 days of the quarter or semester or who has been absent from
the postsecondary institution for the first 15 consecutive school days of the quarter or
semester and is not receiving instruction in the home or hospital.
A postsecondary institution shall receive the following:
(1) for an institution granting quarter credit, the reimbursement per credit hour shall
be an amount equal to 88 percent of the product of the formula allowance minus deleted text begin $415
deleted text end new text begin $425new text end , multiplied by deleted text begin 1.3deleted text end new text begin 1.2new text end , and divided by 45; or
(2) for an institution granting semester credit, the reimbursement per credit hour
shall be an amount equal to 88 percent of the product of the general revenue formula
allowance minus deleted text begin $415deleted text end new text begin $425new text end , multiplied by deleted text begin 1.3deleted text end new text begin 1.2new text end , and divided by 30.
The department must pay to each postsecondary institution 100 percent of the
amount in clause (1) or (2) within 30 days of receiving initial enrollment information
each quarter or semester. If changes in enrollment occur during a quarter or semester,
the change shall be reported by the postsecondary institution at the time the enrollment
information for the succeeding quarter or semester is submitted. At any time the
department notifies a postsecondary institution that an overpayment has been made, the
institution shall promptly remit the amount due.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2015 and later.
new text end
Sec. 5.
Minnesota Statutes 2013 Supplement, section 124D.11, subdivision 1, is
amended to read:
Subdivision 1.
General education revenue.
General education revenue must be
paid to a charter school as though it were a district. The general education revenue
for each adjusted pupil unit is the state average general education revenue per pupil
unit, plus the referendum equalization aid allowance in the pupil's district of residence,
minus an amount equal to the product of the formula allowance according to section
126C.10, subdivision 2, times .0466, calculated without new text begin declining enrollment revenue,
local optional revenue, new text end basic skills revenue, extended time revenue, pension adjustment
revenue, transition revenue, and transportation sparsity revenue, plus new text begin declining enrollment
revenue, new text end basic skills revenue, extended time revenue, pension adjustment revenue, and
transition revenue as though the school were a school district. The general education
revenue for each extended time pupil unit equals $4,794.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 6.
Minnesota Statutes 2012, section 124D.59, subdivision 2, is amended to read:
Subd. 2.
English learner.
(a) "English learner" means a pupil in kindergarten
through grade 12 who meets the following requirements:
(1) the pupil, as declared by a parent or guardian first learned a language other than
English, comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English; and
(2) the pupil is determined by new text begin a valid assessment measuring the pupil's English
language proficiency and by new text end developmentally appropriate measures, which might include
observations, teacher judgment, parent recommendations, or developmentally appropriate
assessment instruments, to lack the necessary English skills to participate fully in
new text begin academic new text end classes taught in English.
(b) deleted text begin Notwithstanding paragraph (a),deleted text end A pupil new text begin enrolled in a Minnesota public school
new text end in deleted text begin gradesdeleted text end new text begin any gradenew text end 4 through 12 who deleted text begin was enrolled in a Minnesota public school on
the dates duringdeleted text end new text begin innew text end the previous school year deleted text begin when a commissioner provideddeleted text end new text begin took a
commissioner-providednew text end assessment deleted text begin that measuresdeleted text end new text begin measuringnew text end the pupil's emerging
academic English deleted text begin was administereddeleted text end , shall deleted text begin notdeleted text end be counted as an English learner in
calculating English learner pupil units under section 126C.05, subdivision 17, and shall deleted text begin not
deleted text end generate state English learner aid under section 124D.65, subdivision 5, deleted text begin unlessdeleted text end new text begin ifnew text end the pupil
scored below the state cutoff score or is otherwise counted as a nonproficient participant
on deleted text begin andeleted text end new text begin thenew text end assessment measuring new text begin the pupil's new text end emerging academic English deleted text begin provided by the
commissioner during the previous school yeardeleted text end new text begin , or, in the judgment of the pupil's classroom
teachers, consistent with section 124D.61, clause (1), the pupil is unable to demonstrate
academic language proficiency in English, including oral academic language, sufficient to
successfully and fully participate in the general core curriculum in the regular classroomnew text end .
(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten through grade
12 shall not be counted as an English learner in calculating English learner pupil units
under section 126C.05, subdivision 17, and shall not generate state English learner aid
under section 124D.65, subdivision 5, if:
(1) the pupil is not enrolled during the current fiscal year in an educational program
for English learners deleted text begin in accordance withdeleted text end new text begin undernew text end sections 124D.58 to 124D.64; or
(2) the pupil has generated deleted text begin fivedeleted text end new text begin six new text end or more years of average daily membership in
Minnesota public schools since July 1, 1996.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 7.
Minnesota Statutes 2013 Supplement, section 124D.65, subdivision 5, is
amended to read:
Subd. 5.
School district EL revenue.
deleted text begin (a)deleted text end A district's English learner programs
revenue equals the product of (1) deleted text begin $704deleted text end new text begin $726new text end times (2) the greater of 20 or the adjusted
average daily membership of eligible English learners enrolled in the district during the
current fiscal year.
deleted text begin
(b) A pupil ceases to generate state English learner aid in the school year following
the school year in which the pupil attains the state cutoff score on a commissioner-provided
assessment that measures the pupil's emerging academic English.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 8.
new text begin
[124D.695] APPROVED RECOVERY PROGRAM FUNDING.
new text end
new text begin Subdivision 1. new text end
new text begin Approved recovery program. new text end
new text begin
"Approved recovery program" means
a course of instruction offered by a recovery school that provides academic services,
assistance with recovery, and continuing care to students recovering from substance abuse
or dependency. A recovery program may be offered in a transitional academic setting
designed to meet graduation requirements. A recovery program must be approved by the
commissioner of education. The commissioner may specify the manner and form of the
application for the approval of a recovery school or recovery program.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility. new text end
new text begin
An approved recovery program is eligible for an annual
recovery program grant of up to $125,000 to pay for a portion of the costs of recovery
program support staff under this section. "Recovery program support staff" means licensed
alcohol and chemical dependency counselors, licensed school counselors, licensed school
psychologists, licensed school nurses, and licensed school social workers.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 9.
Minnesota Statutes 2013 Supplement, section 126C.05, subdivision 15, is
amended to read:
Subd. 15.
Learning year pupil units.
(a) When a pupil is enrolled in a learning
year program under section 124D.128, an area learning center or an alternative learning
program approved by the commissioner under sections 123A.05 and 123A.06, or a
contract alternative program under section 124D.68, subdivision 3, paragraph (d), or
subdivision 4, for more than 1,020 hours in a school year for a secondary student, more
than 935 hours in a school year for an elementary student, more than 850 hours in a school
year for a kindergarten student without a disability in an all-day kindergarten program,
or more than 425 hours in a school year for a half-day kindergarten student without a
disability, that pupil may be counted as more than one pupil in average daily membership
for purposes of section 126C.10, subdivision 2a. The amount in excess of one pupil must
be determined by the ratio of the number of hours of instruction provided to that pupil in
excess of: (i) the greater of 1,020 hours or the number of hours required for a full-time
secondary pupil in the district to 1,020 for a secondary pupil; (ii) the greater of 935 hours
or the number of hours required for a full-time elementary pupil in the district to 935 for
an elementary pupil in grades 1 through 6; new text begin and new text end (iii) the greater of deleted text begin 425deleted text end new text begin 850new text end hours or the
number of hours required for a full-time kindergarten student without a disability in the
district to deleted text begin 425deleted text end new text begin 850new text end for a kindergarten student without a disabilitydeleted text begin ; and (iv) the greater of
425 hours or the number of hours required for a half-time kindergarten student without a
disability in the district to 425 for a half-day kindergarten student without a disabilitydeleted text end .
Hours that occur after the close of the instructional year in June shall be attributable to
the following fiscal year. A student in kindergarten or grades 1 through 12 must not be
counted as more than 1.2 pupils in average daily membership under this subdivision.
(b)(i) To receive general education revenue for a pupil in an area learning center
or alternative learning program that has an independent study component, a district
must meet the requirements in this paragraph. The district must develop, for the pupil,
a continual learning plan consistent with section 124D.128, subdivision 3. Each school
district that has an area learning center or alternative learning program must reserve
revenue in an amount equal to at least 90 new text begin and not more than 100 new text end percent of the district
average general education revenue per pupil unit, minus an amount equal to the product
of the formula allowance according to section 126C.10, subdivision 2, times .0466,
calculated without basic skills and transportation sparsity revenue, times the number of
pupil units generated by students attending an area learning center or alternative learning
program. The amount of reserved revenue available under this subdivision may only be
spent for program costs associated with the area learning center or alternative learning
program. Basic skills revenue generated according to section 126C.10, subdivision 4, by
pupils attending the eligible program must be allocated to the program.
(ii) General education revenue for a pupil in a state-approved alternative program
without an independent study component must be prorated for a pupil participating for
less than a full year, or its equivalent. The district must develop a continual learning plan
for the pupil, consistent with section 124D.128, subdivision 3. Each school district that
has an area learning center or alternative learning program must reserve revenue in an
amount equal to at least 90 new text begin and not more than 100 new text end percent of the district average general
education revenue per pupil unit, minus an amount equal to the product of the formula
allowance according to section 126C.10, subdivision 2, times .0466, calculated without
basic skills and transportation sparsity revenue, times the number of pupil units generated
by students attending an area learning center or alternative learning program. The amount
of reserved revenue available under this subdivision may only be spent for program costs
associated with the area learning center or alternative learning program. Basic skills
revenue generated according to section 126C.10, subdivision 4, by pupils attending the
eligible program must be allocated to the program.
(iii) General education revenue for a pupil in a state-approved alternative program
that has an independent study component must be paid for each hour of teacher contact
time and each hour of independent study time completed toward a credit or graduation
standards necessary for graduation. Average daily membership for a pupil shall equal the
number of hours of teacher contact time and independent study time divided by 1,020.
(iv) For a state-approved alternative program having an independent study
component, the commissioner shall require a description of the courses in the program, the
kinds of independent study involved, the expected learning outcomes of the courses, and
the means of measuring student performance against the expected outcomes.
Sec. 10.
Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 2, is
amended to read:
Subd. 2.
Basic revenue.
For fiscal year 2014, the basic revenue for each district
equals the formula allowance times the adjusted marginal cost pupil units for the school
year. For fiscal year 2015 and later, the basic revenue for each district equals the formula
allowance times the adjusted pupil units for the school year. The formula allowance for
fiscal year 2013 is $5,224. The formula allowance for fiscal year 2014 is $5,302. The
formula allowance for fiscal year 2015 and later is deleted text begin $5,806deleted text end new text begin $5,864new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 11.
Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 2a,
is amended to read:
Subd. 2a.
Extended time revenue.
(a) new text begin A school district's extended time revenue for
fiscal year 2014 is equal to the product of $4,601 and the sum of the adjusted marginal
cost pupil units of the district for each pupil in average daily membership in excess of 1.0
and less than 1.2 according to section 126C.05, subdivision 8. new text end A school district's extended
time revenue new text begin for fiscal year 2015 and later new text end is equal to the product of $5,017 and the sum
of the adjusted pupil units of the district for each pupil in average daily membership in
excess of 1.0 and less than 1.2 according to section 126C.05, subdivision 8.
(b) A school district's extended time revenue may be used for extended day
programs, extended week programs, summer school, and other programming authorized
under the learning year program.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to revenue for fiscal year 2014 and later.
new text end
Sec. 12.
Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 24,
is amended to read:
Subd. 24.
Equity revenue.
(a) A school district qualifies for equity revenue if:
(1) the school district's adjusted pupil unit amount of basic revenue, transition
revenue, and referendum revenue is less than the value of the school district at or
immediately above the 95th percentile of school districts in its equity region for those
revenue categories; and
(2) the school district's administrative offices are not located in a city of the first
class on July 1, 1999.
(b) Equity revenue for a qualifying district that receives referendum revenue under
section 126C.17, subdivision 4, equals the product of (1) the district's adjusted pupil
units for that year; times (2) the sum of (i) $14, plus (ii) $80, times the school district's
equity index computed under subdivision 27.
(c) Equity revenue for a qualifying district that does not receive referendum revenue
under section 126C.17, subdivision 4, equals the product of the district's adjusted pupil
units for that year times $14.
(d) A school district's equity revenue is increased by the greater of zero or an amount
equal to the district's deleted text begin residentdeleted text end new text begin adjustednew text end pupil units times the difference between ten percent
of the statewide average amount of referendum revenue per deleted text begin residentdeleted text end new text begin adjustednew text end pupil unit for
that year and the district's referendum revenue per deleted text begin residentdeleted text end new text begin adjustednew text end pupil unit. A school
district's revenue under this paragraph must not exceed $100,000 for that year.
(e) A school district's equity revenue for a school district located in the metro equity
regionnew text begin or a school district with its administrative offices located in any Minnesota county
in the Minneapolis-St. Paul-Bloomington Metropolitan Statistical Area delineated in
2009 by the United States Census Bureaunew text end equals the amount computed in paragraphs (b),
(c), and (d) multiplied by 1.25.
(f) A school district's additional equity revenue equals $50 times its adjusted pupil
units.
new text begin EFFECTIVE DATE. new text end
new text begin
The changes in paragraph (d) are effective for revenue for
fiscal year 2015 and later. The changes in paragraph (e) are effective for revenue for
fiscal years 2017 and later.
new text end
Sec. 13.
Minnesota Statutes 2012, section 126C.10, subdivision 25, is amended to read:
Subd. 25.
Regional equity gap.
The regional equity gap equals the difference
between the value of the school district at or immediately above the fifth percentile of
adjusted general revenue per adjusted deleted text begin marginal costdeleted text end pupil unit and the value of the school
district at or immediately above the 95th percentile of adjusted general revenue per
adjusted deleted text begin marginal costdeleted text end pupil unit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 14.
Minnesota Statutes 2012, section 126C.10, subdivision 26, is amended to read:
Subd. 26.
District equity gap.
A district's equity gap equals the greater of zero
or the difference between the district's adjusted general revenue and the value of the
school district at or immediately above the regional 95th percentile of adjusted general
revenue per adjusted deleted text begin marginal costdeleted text end pupil unit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 15.
Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 31,
is amended to read:
Subd. 31.
Transition revenue.
(a) A district's transition allowance equals the
sum of the transition revenue the district would have received for fiscal year 2015 under
Minnesota Statutes 2012, section 126C.10, subdivisions 31, 31a, and 31c, and the greater
of zero or the difference between:
(1) the sum of:
(i) the general education revenue the district would have received for fiscal year
2015 according to Minnesota Statutes 2012, section 126C.10;
(ii) the integration revenue the district received for fiscal year 2013 under Minnesota
Statutes 2012, section 124D.86;
(iii) the pension adjustment the district would have received for fiscal year 2015
under Minnesota Statutes 2012, section 127A.50;
(iv) the special education aid the district would have received for fiscal year 2015
under Minnesota Statutes 2012, section 125A.76; and
(v) the special education excess cost aid the district would have received for fiscal
year 2015 under Minnesota Statutes 2012, section 125A.79; and
(2) the sum of the district's:
(i) general education revenue for fiscal year 2015 excluding transition revenue
under this section;
(ii) achievement and integration revenue for fiscal year 2015 under section
124D.862; deleted text begin and
deleted text end
(iii) special education aid for fiscal year 2015 under section 125A.76; and
new text begin
(iv) alternative teacher compensation revenue for fiscal year 2015 under section
122A.415,
new text end
divided by the number of adjusted pupil units for fiscal year 2015.
(b) A district's transition revenue for fiscal year 2015 and later equals the product of
the district's transition allowance times the district's adjusted pupil units.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 16.
Minnesota Statutes 2013 Supplement, section 126C.17, subdivision 6, is
amended to read:
Subd. 6.
Referendum equalization levy.
(a) deleted text begin For fiscal year 2003 and later,
deleted text end A district's referendum equalization levy equals the sum of the first tier referendum
equalization levy, the second tier referendum equalization levy, and the third tier
referendum equalization levy.
(b) A district's first tier referendum equalization levy equals the district's first tier
referendum equalization revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to $880,000.
(c) A district's second tier referendum equalization levy equals the district's second
tier referendum equalization revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to $510,000.
(d) A district's third tier referendum equalization levy equals the district's third
tier referendum equalization revenue times the lesser of one or the ratio of the district's
referendum market value per resident pupil unit to $290,000.
Sec. 17.
Minnesota Statutes 2013 Supplement, section 126C.17, subdivision 7b,
is amended to read:
Subd. 7b.
Referendum aid guarantee.
(a) Notwithstanding subdivision 7, new text begin the sum
of new text end a district's referendum equalization aid new text begin and location equity aid under section 126C.10,
subdivision 2e, new text end for fiscal year 2015 must not be less than the sum of the referendum
equalization aid the district would have received for fiscal year 2015 under Minnesota
Statutes 2012, section 126C.17, subdivision 7, and the adjustment the district would have
received under Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs
(a), (b), and (c).
(b) Notwithstanding subdivision 7, new text begin the sum of new text end referendum equalization aid new text begin and
location equity aid under section 126C.10, subdivision 2e, new text end for fiscal year 2016 and later,
for a district qualifying for additional aid under paragraph (a) for fiscal year 2015, must
not be less than the product of (1) the district's referendum equalization aid for fiscal year
2015, times (2) the lesser of one or the ratio of the district's referendum revenue for that
school year to the district's referendum revenue for fiscal year 2015, times (3) the lesser
of one or the ratio of the district's referendum market value used for fiscal year 2015
referendum equalization calculations to the district's referendum market value used for
that year's referendum equalization calculations.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 18.
Minnesota Statutes 2013 Supplement, section 126C.17, subdivision 9, is
amended to read:
Subd. 9.
Referendum revenue.
(a) The revenue authorized by section 126C.10,
subdivision 1, may be increased in the amount approved by the voters of the district
at a referendum called for the purpose. The referendum may be called by the board.
The referendum must be conducted one or two calendar years before the increased levy
authority, if approved, first becomes payable. Only one election to approve an increase
may be held in a calendar year. Unless the referendum is conducted by mail under
subdivision 11, paragraph (a), the referendum must be held on the first Tuesday after the
first Monday in November. The ballot must state the maximum amount of the increased
revenue per adjusted pupil unit. The ballot may state a schedule, determined by the board,
of increased revenue per adjusted pupil unit that differs from year to year over the number
of years for which the increased revenue is authorized or may state that the amount shall
increase annually by the rate of inflation. For this purpose, the rate of inflation shall be the
annual inflationary increase calculated under subdivision 2, paragraph (b). The ballot may
state that existing referendum levy authority is expiring. In this case, the ballot may also
compare the proposed levy authority to the existing expiring levy authority, and express
the proposed increase as the amount, if any, over the expiring referendum levy authority.
The ballot must designate the specific number of years, not to exceed ten, for which the
referendum authorization applies. The ballot, including a ballot on the question to revoke
or reduce the increased revenue amount under paragraph (c), must abbreviate the term
"per adjusted pupil unit" as "per pupil." The notice required under section 275.60 may
be modified to read, in cases of renewing existing levies at the same amount per pupil
as in the previous year:
"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING
TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS
SCHEDULED TO EXPIRE."
The ballot may contain a textual portion with the information required in this
subdivision and a question stating substantially the following:
"Shall the increase in the revenue proposed by (petition to) the board of .........,
School District No. .., be approved?"
If approved, an amount equal to the approved revenue per adjusted pupil unit times
the adjusted pupil units for the school year beginning in the year after the levy is certified
shall be authorized for certification for the number of years approved, if applicable, or
until revoked or reduced by the voters of the district at a subsequent referendum.
(b) The board must prepare and deliver by first class mail at least 15 days but no more
than 30 days before the day of the referendum to each taxpayer a notice of the referendum
and the proposed revenue increase. The board need not mail more than one notice to any
taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
those shown to be owners on the records of the county auditor or, in any county where
tax statements are mailed by the county treasurer, on the records of the county treasurer.
Every property owner whose name does not appear on the records of the county auditor
or the county treasurer is deemed to have waived this mailed notice unless the owner
has requested in writing that the county auditor or county treasurer, as the case may be,
include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the school district.
The notice for a referendum may state that an existing referendum levy is expiring
and project the anticipated amount of increase over the existing referendum levy in
the first year, if any, in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the district.
The notice must include the following statement: "Passage of this referendum will
result in an increase in your property taxes." However, in cases of renewing existing levies,
the notice may include the following statement: "Passage of this referendum extends an
existing operating referendum at the same amount per pupil as in the previous year."
(c) A referendum on the question of revoking or reducing the increased revenue
amount authorized pursuant to paragraph (a) may be called by the board. A referendum to
revoke or reduce the revenue amount must state the amount per deleted text begin resident marginal cost
deleted text end new text begin adjustednew text end pupil unit by which the authority is to be reduced. Revenue authority approved
by the voters of the district pursuant to paragraph (a) must be available to the school
district at least once before it is subject to a referendum on its revocation or reduction for
subsequent years. Only one revocation or reduction referendum may be held to revoke or
reduce referendum revenue for any specific year and for years thereafter.
(d) The approval of 50 percent plus one of those voting on the question is required to
pass a referendum authorized by this subdivision.
(e) At least 15 days before the day of the referendum, the district must submit a
copy of the notice required under paragraph (b) to the commissioner and to the county
auditor of each county in which the district is located. Within 15 days after the results
of the referendum have been certified by the board, or in the case of a recount, the
certification of the results of the recount by the canvassing board, the district must notify
the commissioner of the results of the referendum.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 19.
Minnesota Statutes 2013 Supplement, section 126C.17, subdivision 9a,
is amended to read:
Subd. 9a.
Board-approved referendum allowance.
Notwithstanding subdivision
9, a school district may convert up to $300 per adjusted pupil unit of referendum authority
from voter approved to board approved by a board vote. A district with less than $300 per
adjusted pupil unit of referendum authority new text begin after the local optional revenue subtraction
under subdivision 1 new text end may authorize new referendum authority up to the difference between
$300 per adjusted pupil unit and the district's referendum authority. The board may
authorize this levy for up to five years and may subsequently reauthorize that authority
in increments of up to five years.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 20.
Minnesota Statutes 2013 Supplement, section 126C.44, is amended to read:
126C.44 SAFE SCHOOLS LEVY.
(a) Each district may make a levy on all taxable property located within the district
for the purposes specified in this section. The maximum amount which may be levied for
all costs under this section shall be equal to $36 multiplied by the district's adjusted pupil
units for the school year. The proceeds of the levy must be reserved and used for directly
funding the following purposes or for reimbursing the cities and counties who contract
with the district for the following purposes:
(1) to pay the costs incurred for the salaries, benefits, and transportation costs of
peace officers and sheriffs for liaison in services in the district's schools;
(2) to pay the costs for a drug abuse prevention program as defined in section
609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the
district's schools;
(4) to pay the costs for security in the district's schools and on school property;
(5) to pay the costs for other crime prevention, drug abuse, student and staff safety,
voluntary opt-in suicide prevention tools, and violence prevention measures taken by
the school district;
(6) to pay costs for licensed school counselors, licensed school nurses, licensed
school social workers, licensed school psychologists, and licensed alcohol and chemical
dependency counselors to help provide early responses to problems;
(7) to pay for facility security enhancements including laminated glass, public
announcement systems, emergency communications devices, and equipment and facility
modifications related to violence prevention and facility security;
(8) to pay for costs associated with improving the school climate; or
(9) to pay costs for colocating and collaborating with mental health professionals
who are not district employees or contractors.
(b) For expenditures under paragraph (a), clause (1), the district must initially
attempt to contract for services to be provided by peace officers or sheriffs with the
police department of each city or the sheriff's department of the county within the district
containing the school receiving the services. If a local police department or a county
sheriff's department does not wish to provide the necessary services, the district may
contract for these services with any other police or sheriff's department located entirely or
partially within the school district's boundaries.
(c) A school district that is a member of an intermediate school district may
include in its authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority
must not exceed deleted text begin $10deleted text end new text begin $15 new text end times the adjusted deleted text begin marginal costdeleted text end pupil units of the member
districts. This authority is in addition to any other authority authorized under this section.
Revenue raised under this paragraph must be transferred to the intermediate school district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2015 and later.
new text end
Sec. 21.
Minnesota Statutes 2012, section 127A.45, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) "Other district receipts" means payments by county
treasurers pursuant to section 276.10, apportionments from the school endowment fund
pursuant to section 127A.33, apportionments by the county auditor pursuant to section
127A.34, subdivision 2, and payments to school districts by the commissioner of revenue
pursuant to chapter 298.
(b) "Cumulative amount guaranteed" means the product of
(1) the cumulative disbursement percentage shown in subdivision 3; times
(2) the sum of
(i) the current year aid payment percentage of the estimated aid and credit
entitlements paid according to subdivision 13; plus
(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus
(iii) the other district receipts.
(c) "Payment date" means the date on which state payments to districts are made
by the electronic funds transfer method. If a payment date falls on a Saturday, a Sunday,
or a weekday which is a legal holiday, the payment shall be made on the immediately
preceding business day. The commissioner may make payments on dates other than
those listed in subdivision 3, but only for portions of payments from any preceding
payment dates which could not be processed by the electronic funds transfer method due
to documented extenuating circumstances.
(d) The current year aid payment percentage equals deleted text begin 73 in fiscal year 2010 and 70 in
fiscal year 2011, and 60deleted text end deleted text begin in fiscal years 2012 and laterdeleted text end new text begin 90new text end .
Sec. 22.
Minnesota Statutes 2012, section 127A.45, subdivision 3, is amended to read:
Subd. 3.
Payment dates and percentages.
(a) The commissioner shall pay to a
district on the dates indicated an amount computed as follows: the cumulative amount
guaranteed minus the sum of (1) the district's other district receipts through the current
payment, and (2) the aid and credit payments through the immediately preceding payment.
For purposes of this computation, the payment dates and the cumulative disbursement
percentages are as follows:
| Payment date |
Percentage |
||
| Payment 1 |
July 15: |
5.5 |
|
| Payment 2 |
July 30: |
8.0 |
|
| Payment 3 |
August 15: |
17.5 |
|
| Payment 4 |
August 30: |
20.0 |
|
| Payment 5 |
September 15: |
22.5 |
|
| Payment 6 |
September 30: |
25.0 |
|
| Payment 7 |
October 15: |
27.0 |
|
| Payment 8 |
October 30: |
30.0 |
|
| Payment 9 |
November 15: |
32.5 |
|
| Payment 10 |
November 30: |
36.5 |
|
| Payment 11 |
December 15: |
42.0 |
|
| Payment 12 |
December 30: |
45.0 |
|
| Payment 13 |
January 15: |
50.0 |
|
| Payment 14 |
January 30: |
54.0 |
|
| Payment 15 |
February 15: |
58.0 |
|
| Payment 16 |
February 28: |
63.0 |
|
| Payment 17 |
March 15: |
68.0 |
|
| Payment 18 |
March 30: |
74.0 |
|
| Payment 19 |
April 15: |
78.0 |
|
| Payment 20 |
April 30: |
85.0 |
|
| Payment 21 |
May 15: |
90.0 |
|
| Payment 22 |
May 30: |
95.0 |
|
| Payment 23 |
June 20: |
100.0 |
(b) In addition to the amounts paid under paragraph (a), the commissioner shall pay
to a school district new text begin or charter school new text end on the dates indicated an amount computed as follows:
| Payment 3 |
August 15: the final adjustment for the prior fiscal year for the state paid property tax credits established in section 273.1392 |
| Payment 4 |
August 30: 30 percent of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits |
| Payment 6 |
September 30: 40 percent of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits |
| Payment 8 |
October 30: 30 percent of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits |
(c) new text begin Notwithstanding paragraph (b), if the current year aid payment percentage
under subdivision 2, paragraph (d), is less than 90, new text end in addition to the amounts paid under
paragraph (a), the commissioner shall pay to a charter school on the dates indicated an
amount computed as follows:
| Payment 1 |
July 15: 75 percent of the final adjustment for the prior fiscal year for all aid entitlements |
| Payment 8 |
October 30: 25 percent of the final adjustment for the prior fiscal year for all aid entitlements |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2015.
new text end
Sec. 23.
Minnesota Statutes 2013 Supplement, section 127A.47, subdivision 7, is
amended to read:
Subd. 7.
Alternative attendance programs.
(a) The general education aid and
special education aid for districts must be adjusted for each pupil attending a nonresident
district under sections 123A.05 to 123A.08, 124D.03, 124D.08, and 124D.68. The
adjustments must be made according to this subdivision.
(b) For purposes of this subdivision, the "unreimbursed cost of providing special
education and services" means the difference between: (1) the actual cost of providing
special instruction and services, including special transportation and unreimbursed
building lease and debt service costs for facilities used primarily for special education, for
a pupil with a disability, as defined in section 125A.02, or a pupil, as defined in section
125A.51, who is enrolled in a program listed in this subdivision, minus (2) if the pupil
receives special instruction and services outside the regular classroom for more than
60 percent of the school day, the amount of general education revenue and referendum
equalization aid new text begin as defined in section 125A.11, subdivision 1, paragraph (c), new text end attributable
to that pupil for the portion of time the pupil receives special instruction and services
outside of the regular classroom, excluding portions attributable to district and school
administration, district support services, operations and maintenance, capital expenditures,
and pupil transportation, minus (3) special education aid under section 125A.76
attributable to that pupil, that is received by the district providing special instruction and
services. For purposes of this paragraph, general education revenue and referendum
equalization aid attributable to a pupil must be calculated using the serving district's
average general education revenue and referendum equalization aid per adjusted pupil unit.
(c) For fiscal year 2015 and later, special education aid paid to a resident district
must be reduced by an amount equal to 90 percent of the unreimbursed cost of providing
special education and services.
(d) Notwithstanding paragraph (c), special education aid paid to a resident district
must be reduced by an amount equal to 100 percent of the unreimbursed cost of special
education and services provided to students at an intermediate district, cooperative, or
charter school where the percent of students eligible for special education services is at
least 70 percent of the charter school's total enrollment.
(e) Special education aid paid to the district or cooperative providing special
instruction and services for the pupil, or to the fiscal agent district for a cooperative,
must be increased by the amount of the reduction in the aid paid to the resident district
under paragraphs (c) and (d). If the resident district's special education aid is insufficient
to make the full adjustment, the remaining adjustment shall be made to other state aids
due to the district.
(f) An area learning center operated by a service cooperative, intermediate district,
education district, or a joint powers cooperative may elect through the action of the
constituent boards to charge the resident district tuition for pupils rather than to have the
general education revenue paid to a fiscal agent school district. Except as provided in
paragraph (e), the district of residence must pay tuition equal to at least 90 new text begin and no more
than 100 new text end percent of the district average general education revenue per pupil unit minus
an amount equal to the product of the formula allowance according to section 126C.10,
subdivision 2, times .0466, calculated without compensatory revenue and transportation
sparsity revenue, times the number of pupil units for pupils attending the area learning
center.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 24.
Laws 2012, chapter 263, section 1, is amended to read:
Section 1. INNOVATIVE DELIVERY OF EDUCATION SERVICES AND
SHARING OF DISTRICT RESOURCES; PILOT PROJECT.
Subdivision 1.
Establishment; requirements for participation.
(a) A deleted text begin five-year
deleted text end pilot project deleted text begin for the 2013-2014 through 2017-2018 school yearsdeleted text end is established to improve
student and school outcomes by allowing groups of school districts to work together to
provide innovative education programs and activities and share district resources.new text begin The
pilot project may last until June 30, 2018, or for up to five years, whichever is less, except
that innovation partnerships formed during the period of the pilot project may continue
past June 30, 2018, with the agreement of the partnership members.
new text end
(b) To participate in this pilot project to improve student and school outcomes, a
group of two or more school districts must collaborate with school staff and receive formal
school board approval to form a partnership. The partnership must develop a plan to
provide challenging programmatic options for students, create professional development
opportunities for educators, increase student engagement and connection and challenging
learning opportunities for students, or demonstrate efficiencies in delivering financial and
other services. The plan must establish:
(1) collaborative educational goals and objectives;
(2) strategies and processes to implement those goals and objectives, including a
budget process with periodic expenditure reviews;
(3) valid and reliable measures to evaluate progress in realizing the goals and
objectives;
(4) an implementation timeline; and
(5) other applicable conditions, regulations, responsibilities, duties, provisions, fee
schedules, and legal considerations needed to fully implement the plan.
A partnership may invite additional districts to join the partnership during the pilot
project term after notifying the commissioner.
(c) A partnership of interested districts must apply by February 1deleted text begin , 2013,deleted text end new text begin of any year
new text end to the education commissioner in the form and manner the commissioner determines,
consistent with this section. The application must contain the formal approval adopted by
the school board in each district to participate in the plan.
(d) Notwithstanding other law to the contrary, a participating school district under
this section continues to: receive revenue and maintain its taxation authority; be organized
and governed by an elected school board with general powers under Minnesota Statutes,
section 123B.02; and be subject to employment agreements under Minnesota Statutes,
chapter 122A, and Minnesota Statutes, section 179A.20; and district employees continue
to remain employees of the employing school district.
Subd. 2.
Commissioner's role.
Interested groups of school districts must submit
a completed application to the commissioner by March 1deleted text begin , 2013,deleted text end new text begin of any yearnew text end in the form
and manner determined by the commissioner. The education commissioner must convene
an advisory panel composed of a teacher appointed by Education Minnesota, a school
principal appointed by the Minnesota Association of Secondary School Principals, a
school board member appointed by the Minnesota School Boards Association, and a
school superintendent appointed by the Minnesota Association of School Administrators
to advise the commissioner on applicants' qualifications to participate in this pilot project.
The commissioner deleted text begin must select between three anddeleted text end new text begin may select up tonew text end six qualified applicants
under subdivision 1 by April 1deleted text begin , 2013,deleted text end new text begin of any yearnew text end to participate in this pilot project,
ensuring an equitable geographical distribution of project participants to the extent
practicable. The commissioner must select only those applicants that fully comply with
the requirements in subdivision 1. The commissioner must terminate a project participant
that fails to effectively implement the goals and objectives contained in its application and
according to its stated timeline.
Subd. 3.
Pilot project evaluation.
Participating school districts must submit pilot
project data to the commissioner in the form and manner determined by the commissioner.
The education commissioner must analyze participating districts' progress in realizing
their educational goals and objectives to work together in providing innovative education
programs and activities and sharing resources. The commissioner must include the
analysis of best practices in a report to the legislative committees with jurisdiction over
kindergarten through grade 12 education finance and policy on the efficacy of this pilot
project. The commissioner deleted text begin maydeleted text end new text begin shallnew text end submit an interim project report deleted text begin at any timedeleted text end new text begin by
February 1, 2016,new text end and must submit a final report to the legislature by February 1, deleted text begin 2018
deleted text end new text begin 2019new text end , recommending whether or not to continue or expand the pilot project.
Sec. 25.
Laws 2012, chapter 263, section 1, the effective date, is amended to read:
EFFECTIVE DATE.
This section is effective the day following final enactment
deleted text begin and applies to the 2013-2014 through 2017-2018 school yearsdeleted text end .
Sec. 26.
Laws 2013, chapter 116, article 1, section 58, subdivision 2, is amended to read:
Subd. 2.
General education aid.
For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:
| $ |
deleted text begin
6,051,766,000 deleted text end new text begin 6,851,972,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
6,370,640,000 deleted text end new text begin 6,495,698,000 new text end |
..... |
2015 |
The 2014 appropriation includes deleted text begin $781,842,000deleted text end new text begin $780,709,000new text end for 2013 and
deleted text begin $5,269,924,000deleted text end new text begin $6,071,263,000new text end for 2014.
The 2015 appropriation includes deleted text begin $823,040,000deleted text end new text begin $589,097,000new text end for 2014 and
deleted text begin $5,547,600,000deleted text end new text begin $5,906,601,000new text end for 2015.
Sec. 27. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Recovery program grants. new text end
new text begin
For recovery program grants under Minnesota
Statutes, section 124D.695:
new text end
|
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
..... new text end |
new text begin
2015 new text end |
Sec. 28. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
In Minnesota Statutes, the revisor of statutes shall change the term "location equity"
to "local optional."
new text end
ARTICLE 17
EDUCATION EXCELLENCE
Section 1.
Minnesota Statutes 2012, section 122A.40, subdivision 13, is amended to
read:
Subd. 13.
Immediate discharge.
(a) Except as otherwise provided in paragraph
(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
of the following grounds:
(1) immoral conduct, insubordination, or conviction of a felony;
(2) conduct unbecoming a teacher which requires the immediate removal of the
teacher from classroom or other duties;
(3) failure without justifiable cause to teach without first securing the written release
of the school board;
(4) gross inefficiency which the teacher has failed to correct after reasonable written
notice;
(5) willful neglect of duty; or
(6) continuing physical or mental disability subsequent to a 12 months leave of
absence and inability to qualify for reinstatement in accordance with subdivision 12.
For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.
Prior to discharging a teacher under this paragraph, the board must notify the teacher
in writing and state its ground for the proposed discharge in reasonable detail. Within
ten days after receipt of this notification the teacher may make a written request for a
hearing before the board and it shall be granted before final action is taken. The board
may suspend a teacher with pay pending the conclusion of the hearing and determination
of the issues raised in the hearing after charges have been filed which constitute ground for
discharge. If a teacher has been charged with a felony and the underlying conduct that
is the subject of the felony charge is a ground for a proposed immediate discharge, the
suspension pending the conclusion of the hearing and determination of the issues may be
without pay. If a hearing under this paragraph is held, the board must reimburse the teacher
for any salary or compensation withheld if the final decision of the board or the arbitrator
does not result in a penalty to or suspension, termination, or discharge of the teacher.
(b) A board must discharge a continuing-contract teacher, effective immediately,
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
new text begin
(c) When a teacher is discharged under paragraph (b) or when the commissioner
makes a final determination of child maltreatment involving a teacher under section
626.556, subdivision 11, the school principal or other person having administrative
control of the school must include in the teacher's employment record the information
contained in the record of the disciplinary action or the final maltreatment determination,
consistent with the definition of public data under section 13.41, subdivision 5, and must
provide the Board of Teaching and the licensing division at the department with the
necessary and relevant information to enable the Board of Teaching and the department's
licensing division to fulfill their statutory and administrative duties related to issuing,
renewing, suspending, or revoking a teacher's license. Information received by the Board
of Teaching or the licensing division at the department under this paragraph is governed
by section 13.41 or other applicable law governing data of the receiving entity. In addition
to the background check required under section 123B.03, a school board or other school
hiring authority must contact the Board of Teaching and the department to determine
whether the teacher's license has been suspended or revoked, consistent with the discharge
and final maltreatment determinations identified in this paragraph. Unless restricted by
federal or state data practices law or by the terms of a collective bargaining agreement,
the responsible authority for a school district must disseminate to another school district
private personnel data on a current or former teacher employee or contractor of the district,
including the results of background investigations, if the requesting school district seeks
the information because the subject of the data has applied for employment with the
requesting school district.
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. 2.
Minnesota Statutes 2012, section 122A.41, subdivision 6, is amended to read:
Subd. 6.
Grounds for discharge or demotion.
(a) Except as otherwise provided
in paragraph (b), causes for the discharge or demotion of a teacher either during or after
the probationary period must be:
(1) immoral character, conduct unbecoming a teacher, or insubordination;
(2) failure without justifiable cause to teach without first securing the written release
of the school board having the care, management, or control of the school in which the
teacher is employed;
(3) inefficiency in teaching or in the management of a school, consistent with
subdivision 5, paragraph (b);
(4) affliction with active tuberculosis or other communicable disease must be
considered as cause for removal or suspension while the teacher is suffering from such
disability; or
(5) discontinuance of position or lack of pupils.
For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.
(b) A probationary or continuing-contract teacher must be discharged immediately
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
new text begin
(c) When a teacher is discharged under paragraph (b) or when the commissioner
makes a final determination of child maltreatment involving a teacher under section
626.556, subdivision 11, the school principal or other person having administrative
control of the school must include in the teacher's employment record the information
contained in the record of the disciplinary action or the final maltreatment determination,
consistent with the definition of public data under section 13.41, subdivision 5, and must
provide the Board of Teaching and the licensing division at the department with the
necessary and relevant information to enable the Board of Teaching and the department's
licensing division to fulfill their statutory and administrative duties related to issuing,
renewing, suspending, or revoking a teacher's license. Information received by the Board
of Teaching or the licensing division at the department under this paragraph is governed
by section 13.41 or other applicable law governing data of the receiving entity. In addition
to the background check required under section 123B.03, a school board or other school
hiring authority must contact the Board of Teaching and the department to determine
whether the teacher's license has been suspended or revoked, consistent with the discharge
and final maltreatment determinations identified in this paragraph. Unless restricted by
federal or state data practices law or by the terms of a collective bargaining agreement,
the responsible authority for a school district must disseminate to another school district
private personnel data on a current or former teacher employee or contractor of the district,
including the results of background investigations, if the requesting school district seeks
the information because the subject of the data has applied for employment with the
requesting school district.
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 2012, section 122A.415, subdivision 1, is amended to read:
Subdivision 1.
Revenue amount.
(a) A school district, intermediate school district,
school site, or charter school that meets the conditions of section 122A.414 and submits an
application approved by the commissioner is eligible for alternative teacher compensation
revenue.
(b) For school district and intermediate school district applications, the commissioner
must consider only those applications to participate that are submitted jointly by a
district and the exclusive representative of the teachers. The application must contain an
alternative teacher professional pay system agreement that:
(1) implements an alternative teacher professional pay system consistent with
section 122A.414; and
(2) is negotiated and adopted according to the Public Employment Labor Relations
Act under chapter 179A, except that notwithstanding section 179A.20, subdivision 3, a
district may enter into a contract for a term of two or four years.
Alternative teacher compensation revenue for a qualifying school district or site in
which the school board and the exclusive representative of the teachers agree to place
teachers in the district or at the site on the alternative teacher professional pay system
equals $260 times the number of pupils enrolled at the district or site on October 1 of
the previous fiscal year. Alternative teacher compensation revenue for a qualifying
intermediate school district must be calculated under deleted text begin section 126C.10, subdivision 34
deleted text end new text begin subdivision 4new text end , paragraphs (a) and (b).
(c) For a newly combined or consolidated district, the revenue shall be computed
using the sum of pupils enrolled on October 1 of the previous year in the districts entering
into the combination or consolidation. The commissioner may adjust the revenue computed
for a site using prior year data to reflect changes attributable to school closings, school
openings, or grade level reconfigurations between the prior year and the current year.
(d) The revenue is available only to school districts, intermediate school districts,
school sites, and charter schools that fully implement an alternative teacher professional
pay system by October 1 of the current school year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 4.
Minnesota Statutes 2013 Supplement, section 124D.862, subdivision 1, is
amended to read:
Subdivision 1.
Initial achievement and integration revenue.
(a) An eligible
district's initial achievement and integration revenue equals new text begin the lesser of 100.3 percent of
the district's expenditures under the budget approved by the commissioner under section
124D.861, subdivision 3, paragraph (c), excluding expenditures used to generate incentive
revenue under subdivision 2, or new text end the sum of (1) $350 times the district's adjusted pupil
units for that year times the ratio of the district's enrollment of protected students for the
previous school year to total enrollment for the previous school year and (2) the greater of
zero or 66 percent of the difference between the district's integration revenue for fiscal
year 2013 and the district's integration revenue for fiscal year 2014 under clause (1).
(b) In each year, 0.3 percent of each district's initial achievement and integration
revenue is transferred to the department for the oversight and accountability activities
required under this section and section 124D.861.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to revenue for fiscal year 2014 and later.
new text end
Sec. 5.
Minnesota Statutes 2013 Supplement, section 124D.862, subdivision 2, is
amended to read:
Subd. 2.
Incentive revenue.
An eligible school district's maximum incentive
revenue equals $10 per adjusted pupil unit. deleted text begin In order to receive this revenue, a district must
bedeleted text end new text begin A district's incentive revenue equals the lesser of the maximum incentive revenue
or the district's expenditures fornew text end implementing a voluntary plan to reduce racial and
economic enrollment disparities through intradistrict and interdistrict activities that have
been approved as a part of the district's achievement and integration plannew text begin under the budget
approved by the commissioner under section 124D.861, subdivision 3, paragraph (c)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to revenue for fiscal year 2014 and later.
new text end
Sec. 6.
Laws 2013, chapter 116, article 3, section 37, subdivision 11, is amended to read:
Subd. 11.
Concurrent enrollment program.
For concurrent enrollment programs
under Minnesota Statutes, section 124D.091:
| $ |
2,000,000 |
..... |
2014 |
|
| $ |
deleted text begin
2,000,000 deleted text end new text begin 3,897,000 new text end |
..... |
2015 |
If the appropriation is insufficient, the commissioner must proportionately reduce
the aid payment to each district.
Any balance in the first year does not cancel but is available in the second year.new text begin The
annual base budget for this program is $2,000,000 for fiscal years 2016 and 2017.
new text end
Sec. 7.
Laws 2013, chapter 116, article 3, section 37, subdivision 15, is amended to read:
Subd. 15.
Early childhood literacy programs.
For early childhood literacy
programs under Minnesota Statutes, section 119A.50, subdivision 3:
| $ |
4,125,000 |
..... |
2014 |
|
| $ |
deleted text begin
4,125,000 deleted text end new text begin 4,625,000 new text end |
..... |
2015 |
Up to $4,125,000 deleted text begin eachdeleted text end new text begin in the first new text end year new text begin and $4,625,000 in the second year new text end is for
leveraging federal and private funding to support AmeriCorps members serving in the
Minnesota Reading Corps program established by ServeMinnesota, including costs
associated with the training and teaching of early literacy skills to children age three
to grade 3 and the evaluation of the impact of the program under Minnesota Statutes,
sections 124D.38, subdivision 2, and 124D.42, subdivision 6.new text begin Up to $500,000 in fiscal
year 2015 must be used to support priority and focus schools as defined by the Department
of Education and to expand kindergarten programming.
new text end
Any balance in the first year does not cancel but is available in the second year.
Sec. 8. new text begin BETTER ALIGNING MINNESOTA'S ALTERNATIVE TEACHER
PROFESSIONAL PAY SYSTEM AND TEACHER DEVELOPMENT AND
EVALUATION PROGRAM.
new text end
new text begin
To better align Minnesota's alternative teacher professional pay system under
Minnesota Statutes, sections 122A.413 to 122A.416, and Minnesota's teacher development
and evaluation program under Minnesota Statutes, sections 122A.40, subdivision 8, and
122A.41, subdivision 5, and effect and fund an improved alignment of this system and
program, the commissioner of education must consult with stakeholders, including, but
not limited to, representatives of the Minnesota Association of School Administrators,
the Minnesota Association of Secondary School Principals, the Minnesota Elementary
School Principals' Association, Education Minnesota, Schools for Equity in Education, the
Minnesota Business Partnership, the Minnesota Chamber of Commerce, the Minnesota
School Boards Association, the Department of Education, the College of Education
and Human Development at the University of Minnesota, the Minnesota Association
of the Colleges for Teacher Education, licensed elementary and secondary school
teachers employed in school districts with an alternative teacher professional pay system
agreement and licensed elementary and secondary school teachers employed in school
districts without an alternative teacher professional pay system agreement, where one or
more of these teachers may be a master teacher, peer evaluator, in another teacher leader
position, or national board certified teacher, a teacher or school administrator employed in
a Minnesota charter school with an alternative teacher professional pay system agreement
and a teacher or school administrator employed in a Minnesota charter school without an
alternative teacher professional pay system agreement, a parent or guardian of a student
currently enrolled in a Minnesota public school, the Association of Metropolitan School
Districts, and the Minnesota Rural Education Association. The commissioner also must
consult with members of the house of representatives and members of the senate.
new text end
new text begin
The commissioner, by February 1, 2015, must submit to the education policy and
finance committees of the legislature written recommendations on better aligning and
financing the alternative teacher professional pay system and teacher development and
evaluation program.
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. 9. new text begin CAREER AND TECHNICAL EDUCATION PROGRAM INVENTORY.
new text end
new text begin
(a) The commissioner of education must consult with experts knowledgeable about
secondary and postsecondary career and technical education programs to determine the
content and status of particular career and technical education programs in Minnesota
school districts, including cooperating districts under Minnesota Statutes, 123A.33,
subdivision 2, integration districts, and postsecondary institutions partnering with school
districts or offering courses through PSEO or career and technical programs and the rates
of student participation and completion for these various programs, including: agriculture,
food, and natural resources; architecture and construction; arts, audiovisual technology,
and communications; business management and administration; computer science; family
and consumer science; finance; health science; hospitality and tourism; human services;
information technology; manufacturing; marketing; science, technology, engineering, and
mathematics; and transportation, distribution, and logistics.
new text end
new text begin
(b) To accomplish paragraph (a) and to understand the current role of local school
districts and postsecondary institutions in providing career and technical education
programs, the commissioner of education, in consultation with experts, also must examine
the extent to which secondary and postsecondary education programs offer students a
progression of coordinated, nonduplicative courses that adequately prepare students to
successfully complete a career and technical education program.
new text end
new text begin
(c) The commissioner of education must submit a report by February 1, 2015,
to the education policy and finance committees of the legislature, consistent with this
section, and include information about each district's dedicated equipment, resources, and
relationships with postsecondary institutions and the local business community.
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. 10. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Career and technical program inventory. new text end
new text begin
For the career and technical
program inventory program under section 9:
new text end
|
new text begin
$ new text end |
new text begin
150,000 new text end |
new text begin
..... new text end |
new text begin
2015 new text end |
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Teacher Professional Pay System and Teacher Evaluation Program
alignment.
new text end
new text begin
For the alignment and reporting activities under section 8:
new text end
|
new text begin
$ new text end |
new text begin
25,000 new text end |
new text begin
..... new text end |
new text begin
2015 new text end |
ARTICLE 18
SPECIAL EDUCATION
Section 1.
Minnesota Statutes 2013 Supplement, section 125A.0942, is amended to read:
125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.
Subdivision 1.
Restrictive procedures plan.
(a) Schools that intend to use
restrictive procedures shall maintain and make publicly accessible in an electronic format
on a school or district Web site or make a paper copy available upon request describing a
restrictive procedures plan for children with disabilities that at least:
(1) lists the restrictive procedures the school intends to use;
(2) describes how the school will implement a range of positive behavior strategies
and provide links to mental health services;
(3) new text begin describes how the school will provide training on de-escalation techniques,
consistent with section 122A.09, subdivision 4, paragraph (k);
new text end
new text begin (4) new text end describes how the school will monitor and review the use of restrictive
procedures, including:
(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a),
clause (5); and
(ii) convening an oversight committee to undertake a quarterly review of the use
of restrictive procedures based on patterns or problems indicated by similarities in the
time of day, day of the week, duration of the use of a procedure, the individuals involved,
or other factors associated with the use of restrictive procedures; the number of times a
restrictive procedure is used schoolwide and for individual children; the number and types
of injuries, if any, resulting from the use of restrictive procedures; whether restrictive
procedures are used in nonemergency situations; the need for additional staff training; and
proposed actions to minimize the use of restrictive procedures; and
deleted text begin (4)deleted text end new text begin (5)new text end includes a written description and documentation of the training staff
completed under subdivision 5.
(b) Schools annually must publicly identify oversight committee members who
must at least include:
(1) a mental health professional, school psychologist, or school social worker;
(2) an expert in positive behavior strategies;
(3) a special education administrator; and
(4) a general education administrator.
Subd. 2.
Restrictive procedures.
(a) Restrictive procedures may be used only
by a licensed special education teacher, school social worker, school psychologist,
behavior analyst certified by the National Behavior Analyst Certification Board, a person
with a master's degree in behavior analysis, other licensed education professional,
paraprofessional under section 120B.363, or mental health professional under section
245.4871, subdivision 27, who has completed the training program under subdivision 5.
(b) A school shall make reasonable efforts to notify the parent on the same day a
restrictive procedure is used on the child, or if the school is unable to provide same-day
notice, notice is sent within two days by written or electronic means or as otherwise
indicated by the child's parent under paragraph deleted text begin (d)deleted text end new text begin (f)new text end .
(c) The district must hold a meeting of the individualized education program team,
conduct or review a functional behavioral analysis, review data, consider developing
additional or revised positive behavioral interventions and supports, consider actions to
reduce the use of restrictive procedures, and modify the individualized education program
or behavior intervention plan as appropriate. The district must hold the meeting: within
ten calendar days after district staff use restrictive procedures on two separate school
days within 30 calendar days or a pattern of use emerges and the child's individualized
education program or behavior intervention plan does not provide for using restrictive
procedures in an emergency; or at the request of a parent or the district after restrictive
procedures are used. The district must review use of restrictive procedures at a child's
annual individualized education program meeting when the child's individualized
education program provides for using restrictive procedures in an emergency.
(d) If the individualized education program team under paragraph (c) determines
that existing interventions and supports are ineffective in reducing the use of restrictive
procedures or the district uses restrictive procedures on a child on ten or more school days
during the same school year, the team, as appropriate, either must consult with other
professionals working with the child; consult with experts in behavior analysis, mental
health, communication, or autism; consult with culturally competent professionals;
review existing evaluations, resources, and successful strategies; or consider whether to
reevaluate the child.
(e) At the individualized education program meeting under paragraph (c), the team
must review any known medical or psychological limitations, including any medical
information the parent provides voluntarily, that contraindicate the use of a restrictive
procedure, consider whether to prohibit that restrictive procedure, and document any
prohibition in the individualized education program or behavior intervention plan.
(f) An individualized education program team may plan for using restrictive
procedures and may include these procedures in a child's individualized education
program or behavior intervention plan; however, the restrictive procedures may be used
only in response to behavior that constitutes an emergency, consistent with this section.
The individualized education program or behavior intervention plan shall indicate how the
parent wants to be notified when a restrictive procedure is used.
Subd. 3.
Physical holding or seclusion.
(a) Physical holding or seclusion may be
used only in an emergency. A school that uses physical holding or seclusion shall meet the
following requirements:
(1) physical holding or seclusion is the least intrusive intervention that effectively
responds to the emergency;
(2) physical holding or seclusion is not used to discipline a noncompliant child;
(3) physical holding or seclusion ends when the threat of harm ends and the staff
determines the child can safely return to the classroom or activity;
(4) staff directly observes the child while physical holding or seclusion is being used;
(5) each time physical holding or seclusion is used, the staff person who implements
or oversees the physical holding or seclusion documents, as soon as possible after the
incident concludes, the following information:
(i) a description of the incident that led to the physical holding or seclusion;
(ii) why a less restrictive measure failed or was determined by staff to be
inappropriate or impractical;
(iii) the time the physical holding or seclusion began and the time the child was
released; and
(iv) a brief record of the child's behavioral and physical status;
(6) the room used for seclusion must:
(i) be at least six feet by five feet;
(ii) be well lit, well ventilated, adequately heated, and clean;
(iii) have a window that allows staff to directly observe a child in seclusion;
(iv) have tamperproof fixtures, electrical switches located immediately outside the
door, and secure ceilings;
(v) have doors that open out and are unlocked, locked with keyless locks that
have immediate release mechanisms, or locked with locks that have immediate release
mechanisms connected with a fire and emergency system; and
(vi) not contain objects that a child may use to injure the child or others;
(7) before using a room for seclusion, a school must:
(i) receive written notice from local authorities that the room and the locking
mechanisms comply with applicable building, fire, and safety codes; and
(ii) register the room with the commissioner, who may view that room; and
(8) until August 1, 2015, a school district may use prone restraints with children
age five or older if:
(i) the district has provided to the department a list of staff who have had specific
training on the use of prone restraints;
(ii) the district provides information on the type of training that was provided and
by whom;
(iii) only staff who received specific training use prone restraints;
(iv) each incident of the use of prone restraints is reported to the department within
five working days on a form provided by the department; and
(v) the district, before using prone restraints, must review any known medical or
psychological limitations that contraindicate the use of prone restraints.
The department must collect data on districts' use of prone restraints and publish the data
in a readily accessible format on the department's Web site on a quarterly basis.
(b) By deleted text begin March 1, 2014deleted text end new text begin February 1, 2015, and annually thereafternew text end , stakeholders must
recommend to the commissioner specific and measurable implementation and outcome
goals for reducing the use of restrictive procedures and the commissioner must submit to
the legislature a report on districts' progress in reducing the use of restrictive procedures
that recommends how to further reduce these procedures and eliminate the use of prone
restraints. The statewide plan includes the following components: measurable goals; the
resources, training, technical assistance, mental health services, and collaborative efforts
needed to significantly reduce districts' use of prone restraints; and recommendations
to clarify and improve the law governing districts' use of restrictive procedures. The
commissioner must consult with interested stakeholders when preparing the report,
including representatives of advocacy organizations, special education directors, teachers,
paraprofessionals, intermediate school districts, school boards, day treatment providers,
county social services, state human services department staff, mental health professionals,
and autism experts. By June 30 each year, districts must report summary data on their
use of restrictive procedures to the department, in a form and manner determined by the
commissioner.new text begin The summary data must include information about the use of restrictive
procedures, including use of reasonable force under section 121A.582.
new text end
Subd. 4.
Prohibitions.
The following actions or procedures are prohibited:
(1) engaging in conduct prohibited under section 121A.58;
(2) requiring a child to assume and maintain a specified physical position, activity,
or posture that induces physical pain;
(3) totally or partially restricting a child's senses as punishment;
(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray as punishment;
(5) denying or restricting a child's access to equipment and devices such as walkers,
wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
except when temporarily removing the equipment or device is needed to prevent injury
to the child or others or serious damage to the equipment or device, in which case the
equipment or device shall be returned to the child as soon as possible;
(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
physical abuse under section 626.556;
(7) withholding regularly scheduled meals or water;
(8) denying access to bathroom facilities; and
(9) physical holding that restricts or impairs a child's ability to breathe, restricts or
impairs a child's ability to communicate distress, places pressure or weight on a child's
head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in
straddling a child's torso.
Subd. 5.
Training for staff.
(a) To meet the requirements of subdivision 1, staff
who use restrictive procedures, including paraprofessionals, shall complete training in
the following skills and knowledge areas:
(1) positive behavioral interventions;
(2) communicative intent of behaviors;
(3) relationship building;
(4) alternatives to restrictive procedures, including techniques to identify events and
environmental factors that may escalate behavior;
(5) de-escalation methods;
(6) standards for using restrictive procedures only in an emergency;
(7) obtaining emergency medical assistance;
(8) the physiological and psychological impact of physical holding and seclusion;
(9) monitoring and responding to a child's physical signs of distress when physical
holding is being used;
(10) recognizing the symptoms of and interventions that may cause positional
asphyxia when physical holding is used;
(11) district policies and procedures for timely reporting and documenting each
incident involving use of a restricted procedure; and
(12) schoolwide programs on positive behavior strategies.
(b) The commissioner, after consulting with the commissioner of human services,
must develop and maintain a list of training programs that satisfy the requirements of
paragraph (a). The commissioner also must develop and maintain a list of experts to
help individualized education program teams reduce the use of restrictive procedures.
The district shall maintain records of staff who have been trained and the organization
or professional that conducted the training. The district may collaborate with children's
community mental health providers to coordinate trainings.
Subd. 6.
Behavior supportsnew text begin ; reasonable forcenew text end .
new text begin (a) new text end School districts are encouraged
to establish effective schoolwide systems of positive behavior interventions and supports.
new text begin (b)new text end Nothing in this section or section 125A.0941 precludes the use of reasonable
force under sections 121A.582; 609.06, subdivision 1; and 609.379.new text begin For the 2014-2015
school year and later, districts must collect and submit to the commissioner summary
data, consistent with subdivision 3, paragraph (b), on district use of reasonable force
that is consistent with the definition of physical holding or seclusion for a child with a
disability under this section.
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. 2.
Minnesota Statutes 2013 Supplement, section 125A.11, subdivision 1, is
amended to read:
Subdivision 1.
Nonresident tuition rate; other costs.
(a) For fiscal year 2015 and
later, when a school district provides special instruction and services for a pupil with
a disability as defined in section 125A.02 outside the district of residence, excluding
a pupil for whom an adjustment to special education aid is calculated according to
section 127A.47, subdivision 7, paragraphs (b) to (d), special education aid paid to the
resident district must be reduced by an amount equal to (1) the actual cost of providing
special instruction and services to the pupil, including a proportionate amount for special
transportation and unreimbursed building lease and debt service costs for facilities used
primarily for special education, plus (2) the amount of general education revenue and
referendum equalization aid attributable to that pupil, calculated using the resident district's
average general education revenue and referendum equalization aid per adjusted pupil
unit excluding basic skills revenue, elementary sparsity revenue and secondary sparsity
revenue, minus (3) the amount of special education aid for children with a disability
under section 125A.76 received on behalf of that child, minus (4) if the pupil receives
special instruction and services outside the regular classroom for more than 60 percent
of the school day, the amount of general education revenue and referendum equalization
aid, excluding portions attributable to district and school administration, district support
services, operations and maintenance, capital expenditures, and pupil transportation,
attributable to that pupil for the portion of time the pupil receives special instruction
and services outside of the regular classroom, calculated using the resident district's
average general education revenue and referendum equalization aid per adjusted pupil unit
excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue
and the serving district's basic skills revenue, elementary sparsity revenue and secondary
sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for pupils
served by a cooperative unit without a fiscal agent school district, the general education
revenue and referendum equalization aid attributable to a pupil must be calculated using
the resident district's average general education revenue and referendum equalization aid
excluding compensatory revenue, elementary sparsity revenue, and secondary sparsity
revenue. Special education aid paid to the district or cooperative providing special
instruction and services for the pupil must be increased by the amount of the reduction in
the aid paid to the resident district. Amounts paid to cooperatives under this subdivision
and section 127A.47, subdivision 7, shall be recognized and reported as revenues and
expenditures on the resident school district's books of account under sections 123B.75
and 123B.76. If the resident district's special education aid is insufficient to make the full
adjustment, the remaining adjustment shall be made to other state aid due to the district.
(b) Notwithstanding paragraph (a) and section 127A.47, subdivision 7, paragraphs
(b) to (d), a charter school where more than 30 percent of enrolled students receive special
education and related services, a site approved under section 125A.515, an intermediate
district, a special education cooperative, or a school district that served as the applicant
agency for a group of school districts for federal special education aids for fiscal year
2006 may apply to the commissioner for authority to charge the resident district an
additional amount to recover any remaining unreimbursed costs of serving pupils with
a disability. The application must include a description of the costs and the calculations
used to determine the unreimbursed portion to be charged to the resident district. Amounts
approved by the commissioner under this paragraph must be included in the tuition billings
or aid adjustments under paragraph (a), or section 127A.47, subdivision 7, paragraphs
(b) to (d), as applicable.
(c) For purposes of this subdivision and section 127A.47, subdivision 7, deleted text begin paragraphs
(d) and (e)deleted text end new text begin paragraph (b)new text end , "general education revenue and referendum equalization aid"
means the sum of the general education revenue according to section 126C.10, subdivision
1, new text begin excluding the local optional levy according to section 126C.10, subdivision 2e, paragraph
(c), new text end plus the referendum equalization aid according to section 126C.17, subdivision 7.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 3.
Minnesota Statutes 2013 Supplement, section 125A.76, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section and section 125A.79,
the definitions in this subdivision apply.
(b) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2.
For the purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.
(c) "Essential personnel" means teachers, cultural liaisons, related services, and
support services staff providing services to students. Essential personnel may also include
special education paraprofessionals or clericals providing support to teachers and students
by preparing paperwork and making arrangements related to special education compliance
requirements, including parent meetings and individualized education programs. Essential
personnel does not include administrators and supervisors.
(d) "Average daily membership" has the meaning given it in section 126C.05.
(e) "Program growth factor" means 1.046 for fiscal years 2012 deleted text begin thoughdeleted text end new text begin throughnew text end 2015,
1.0 for fiscal year 2016, 1.046 for fiscal year 2017, and the product of 1.046 and the
program growth factor for the previous year for fiscal year 2018 and later.
(f) "Nonfederal special education expenditure" means all direct expenditures that
are necessary and essential to meet the district's obligation to provide special instruction
and services to children with a disability according to sections 124D.454, 125A.03 to
125A.24, 125A.259 to 125A.48, and 125A.65 as submitted by the district and approved by
the department under section 125A.75, subdivision 4, excluding expenditures:
(1) reimbursed with federal funds;
(2) reimbursed with other state aids under this chapter;
(3) for general education costs of serving students with a disability;
(4) for facilities;
(5) for pupil transportation; and
(6) for postemployment benefits.
(g) "Old formula special education expenditures" means expenditures eligible for
revenue under Minnesota Statutes 2012, section 125A.76, subdivision 2.
new text begin (h) new text end For the Minnesota State Academy for the Deaf and the Minnesota State Academy
for the Blind, expenditures new text begin under paragraphs (f) and (g) new text end are limited to the salary and
fringe benefits of one-to-one instructional and behavior management aides new text begin and one-to-one
licensed, certified professionals new text end assigned to a child attending the academy, if the aides new text begin or
professionals new text end are required by the child's individualized education program.
deleted text begin (h)deleted text end new text begin (i)new text end "Cross subsidy reduction aid percentage" means 1.0 percent for fiscal year
2014 and 2.27 percent for fiscal year 2015.
deleted text begin (i)deleted text end new text begin (j)new text end "Cross subsidy reduction aid limit" means $20 for fiscal year 2014 and $48
for fiscal year 2015.
deleted text begin (j)deleted text end new text begin (k)new text end "Special education aid increase limit" means $80 for fiscal year 2016, $100
for fiscal year 2017, and, for fiscal year 2018 and later, the sum of the special education
aid increase limit for the previous fiscal year and $40.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 4.
Minnesota Statutes 2012, section 125A.76, subdivision 2, is amended to read:
Subd. 2.
Special education initial aid.
The special education initial aid equals the
sum of the following amounts computed using current year data:
(1) 68 percent of the salary of each essential person employed in the district's program
for children with a disability during the fiscal year, whether the person is employed by one
or more districts or a Minnesota correctional facility operating on a fee-for-service basis;
(2) for the Minnesota State Academy for the Deaf or the Minnesota State Academy
for the Blind, 68 percent of the salary of each deleted text begin one to onedeleted text end new text begin one-to-onenew text end instructional and
behavior management aidenew text begin and one-to-one licensed, certified professionalnew text end assigned to
a child attending the academy, if the aides new text begin or professionals new text end are required by the child's
individualized education program;
(3) for special instruction and services provided to any pupil by contracting with
public, private, or voluntary agencies other than school districts, in place of special
instruction and services provided by the district, 52 percent of the difference between
the amount of the contract and the general education revenue, excluding basic skills
revenue and alternative teacher compensation revenue, and referendum equalization aid
attributable to a pupil, calculated using the resident district's average general education
revenue and referendum equalization aid per adjusted pupil unit for the fraction of the
school day the pupil receives services under the contract. This includes children who
are residents of the state, receive services under this subdivision and subdivision 1, and
are placed in a care and treatment facility by court action in a state that does not have a
reciprocity agreement with the commissioner under section 125A.155 as provided for in
section 125A.79, subdivision 8;
(4) for special instruction and services provided to any pupil by contracting for
services with public, private, or voluntary agencies other than school districts, that are
supplementary to a full educational program provided by the school district, 52 percent of
the amount of the contract for that pupil;
(5) for supplies and equipment purchased or rented for use in the instruction of
children with a disability, an amount equal to 47 percent of the sum actually expended by
the district, or a Minnesota correctional facility operating on a fee-for-service basis, but
not to exceed an average of $47 in any one school year for each child with a disability
receiving instruction;
(6) for fiscal years 1997 and later, special education base revenue shall include
amounts under clauses (1) to (5) for special education summer programs provided during
the base year for that fiscal year;
(7) the cost of providing transportation services for children with disabilities under
section 123B.92, subdivision 1, paragraph (b), clause (4); and
(8) the district's transition-disabled program initial aid according to section
124D.454, subdivision 3.
The department shall establish procedures through the uniform financial accounting
and reporting system to identify and track all revenues generated from third-party billings
as special education revenue at the school district level; include revenue generated from
third-party billings as special education revenue in the annual cross-subsidy report; and
exclude third-party revenue from calculation of excess cost aid to the districts.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 5.
Minnesota Statutes 2013 Supplement, section 125A.76, subdivision 2a, is
amended to read:
Subd. 2a.
Special education initial aid.
For fiscal year 2016 and later, a district's
special education initial aid equals the sum of:
(1) the deleted text begin lesserdeleted text end new text begin leastnew text end of 62 percent of the district's old formula special education
expenditures for the prior fiscal year, new text begin excluding pupil transportation expenditures, new text end 50
percent of the district's nonfederal special education expenditures for the prior year,
new text begin excluding pupil transportation expenditures, new text end or 56 percent of the product of the sum of the
following amounts, computed using prior fiscal year data, and the program growth factor:
(i) the product of the district's average daily membership served and the sum of:
(A) $450; plus
(B) $400 times the ratio of the sum of the number of pupils enrolled on October 1
who are eligible to receive free lunch plus one-half of the pupils enrolled on October 1
who are eligible to receive reduced-price lunch to the total October 1 enrollment; plus
(C) .008 times the district's average daily membership served; plus
(ii) $10,400 times the December 1 child count for the primary disability areas of
autism spectrum disorders, developmental delay, and severely multiply impaired; plus
(iii) $18,000 times the December 1 child count for the primary disability areas of
deaf and hard-of-hearing and emotional or behavioral disorders; plus
(iv) $27,000 times the December 1 child count for the primary disability areas of
developmentally cognitive mild-moderate, developmentally cognitive severe-profound,
physically impaired, visually impaired, and deafblind; plus
(2) the cost of providing transportation services for children with disabilities under
section 123B.92, subdivision 1, paragraph (b), clause (4).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2016
and later.
new text end
Sec. 6.
Minnesota Statutes 2013 Supplement, section 125A.76, subdivision 2b, is
amended to read:
Subd. 2b.
Cross subsidy reduction aid.
For fiscal years 2014 and 2015, the cross
subsidy reduction aid for a school district, not including a charter school, equals the
lesser of (a) the product of the cross subsidy reduction aid limit and the district's average
daily membership served or (b) new text begin the sum of new text end the product of the cross subsidy reduction aid
percentage, the district's average daily membership served, and the sum of:
(1) $450; plus
(2) $400 times the ratio of the sum of the number of pupils enrolled on October 1
who are eligible to receive free lunch plus one-half of the pupils enrolled on October 1
who are eligible to receive reduced-price lunch to the total October 1 enrollment; plus
(3) .008 times the district's average daily membership served; plusnew text begin the product of the
cross subsidy aid percentage and the sum of:
new text end
(i) $10,100 times the December 1 child count for the primary disability areas of
autism spectrum disorders, developmental delay, and severely multiply impaired; plus
(ii) $17,500 times the December 1 child count for the primary disability areas of
deaf and hard-of-hearing and emotional or behavioral disorders; plus
(iii) $26,000 times the December 1 child count for the primary disability areas of
developmentally cognitive mild-moderate, developmentally cognitive severe-profound,
physically impaired, visually impaired, and deafblind.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to revenue for fiscal year 2014 and later.
new text end
Sec. 7.
Minnesota Statutes 2013 Supplement, section 125A.76, subdivision 2c, is
amended to read:
Subd. 2c.
Special education aid.
(a) For fiscal year 2014 and fiscal year 2015, a
district's special education aid equals the sum of the district's special education deleted text begin initialdeleted text end aid
under subdivision 5, the district's cross subsidy reduction aid under subdivision 2b, and
the district's excess cost aid under section 125A.79, subdivision 7.
(b) For fiscal year 2016 and later, a district's special education aid equals the sum of
the district's special education initial aid under subdivision 2a and the district's excess cost
aid under section 125A.79, subdivision 5.
(c) Notwithstanding paragraph (b), for fiscal year 2016, the special education aid for
a school district must not exceed the sum of the special education aid the district would
have received for fiscal year 2016 under Minnesota Statutes 2012, sections 125A.76
and 125A.79, as adjusted according to Minnesota Statutes 2012, sections 125A.11 and
127A.47, subdivision 7, and the product of the district's average daily membership served
and the special education aid increase limit.
(d) Notwithstanding paragraph (b), for fiscal year 2017 and later, the special education
aid for a school district must not exceed the sum of: (i) the product of the district's average
daily membership served and the special education aid increase limit and (ii) the product
of the sum of the special education aid the district would have received for fiscal year 2016
under Minnesota Statutes 2012, sections 125A.76 and 125A.79, as adjusted according
to Minnesota Statutes 2012, sections 125A.11 and 127A.47, subdivision 7, the ratio of
the district's average daily membership served for the current fiscal year to the district's
average daily membership served for fiscal year 2016, and the program growth factor.
(e) Notwithstanding paragraph (b), for fiscal year 2016 and later the special education
aid for a school district, not including a charter school, must not be less than the lesser of
(1) the district's nonfederal special education expenditures for that fiscal year or (2) the
product of the sum of the special education aid the district would have received for fiscal
year 2016 under Minnesota Statutes 2012, sections 125A.76 and 125A.79, as adjusted
according to Minnesota Statutes 2012, sections 125A.11 and 127A.47, subdivision 7, the
ratio of the district's adjusted daily membership for the current fiscal year to the district's
average daily membership for fiscal year 2016, and the program growth factor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to revenue for fiscal year 2014 and later.
new text end
Sec. 8.
Minnesota Statutes 2013 Supplement, section 125A.79, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
For the purposes of this section, the definitions in this
subdivision apply.
(a) "Unreimbursed old formula special education expenditures" means:
(1) old formula special education expenditures for the prior fiscal year; minus
(2) new text begin for fiscal years 2014 and 2015, the sum of the special education aid under section
125A.76, subdivision 5, for the prior fiscal year and the cross subsidy reduction aid under
section 125A.76, subdivision 2b, and for fiscal year 2016 and later, the new text end special education
initial aid under section 125A.76, subdivision 2a; minus
(3) the amount of general education revenuenew text begin , excluding local optional revenue, plus
local optional aidnew text end and referendum equalization aid for the prior fiscal year attributable
to pupils receiving special instruction and services outside the regular classroom for
more than 60 percent of the school day for the portion of time the pupils receive special
instruction and services outside the regular classroom, excluding portions attributable to
district and school administration, district support services, operations and maintenance,
capital expenditures, and pupil transportation.
(b) "Unreimbursed nonfederal special education expenditures" means:
(1) nonfederal special education expenditures for the prior fiscal year; minus
(2) special education initial aid under section 125A.76, subdivision 2a; minus
(3) new text begin for fiscal year 2016 and later, new text end the amount of general education revenue and
referendum equalization aid for the prior fiscal year attributable to pupils receiving
special instruction and services outside the regular classroom for more than 60 percent of
the school day for the portion of time the pupils receive special instruction and services
outside of the regular classroom, excluding portions attributable to district and school
administration, district support services, operations and maintenance, capital expenditures,
and pupil transportation.
(c) "General revenue" for a school district means the sum of the general education
revenue according to section 126C.10, subdivision 1, excluding alternative teacher
compensation revenue, deleted text begin minusdeleted text end transportation sparsity revenue deleted text begin minusdeleted text end new text begin , local optional
revenue, andnew text end total operating capital revenue. "General revenue" for a charter school means
the sum of the general education revenue according to section 124D.11, subdivision 1, and
transportation revenue according to section 124D.11, subdivision 2, excluding alternative
teacher compensation revenue, deleted text begin minusdeleted text end referendum equalization aid deleted text begin minusdeleted text end new text begin ,new text end transportation
sparsity revenue deleted text begin minusdeleted text end new text begin , andnew text end operating capital revenue.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to revenue for fiscal year 2014 and later.
new text end
Sec. 9.
Minnesota Statutes 2013 Supplement, section 125A.79, subdivision 5, is
amended to read:
Subd. 5.
deleted text begin Initialdeleted text end Excess cost aid.
For fiscal year 2016 and later, a district's deleted text begin initial
deleted text end excess cost aid equals the greater of:
(1) 56 percent of the difference between (i) the district's unreimbursed nonfederal
special education expenditures and (ii) 7.0 percent of the district's general revenue;
(2) 62 percent of the difference between (i) the district's unreimbursed old formula
special education expenditures and (ii) 2.5 percent of the district's general revenue; or
(3) zero.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2016
and later.
new text end
Sec. 10.
Minnesota Statutes 2013 Supplement, section 125A.79, subdivision 8, is
amended to read:
Subd. 8.
Out-of-state tuition.
For children who are residents of the state, receive
services under section 125A.76, subdivisions 1 and 2, and are placed in a care and
treatment facility by court action in a state that does not have a reciprocity agreement with
the commissioner under section 125A.155, the resident school district shall deleted text begin submit the
balancedeleted text end new text begin receive special education out-of-state tuition aid equal to the amountnew text end of the tuition
bills, minus new text begin (1) new text end the general education revenue, excluding basic skills revenuenew text begin and the local
optional levy attributable to the pupil, calculated using the resident district's average
general education revenue per adjusted pupil unitnew text end , deleted text begin anddeleted text end new text begin (2) thenew text end referendum equalization aid
attributable to the pupil, calculated using the resident district's deleted text begin average general education
revenue anddeleted text end referendum equalization aid per adjusted pupil unit deleted text begin minusdeleted text end new text begin , and (3)new text end the special
education deleted text begin contracted services initial revenuedeleted text end new text begin aid new text end attributable to the pupil.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 11.
Laws 2013, chapter 116, article 5, section 31, subdivision 8, is amended to read:
Subd. 8.
Special education paperwork cost savings.
new text begin (a) new text end Fornew text begin the contract to
customize a statewide online reporting system and effectnew text end special education paperwork
cost savings:
| $ |
1,763,000 |
..... |
2014 |
For a transfer to MNIT. This appropriation is available in fiscal year 2015 deleted text begin if notdeleted text end new text begin and
must benew text end expendednew text begin according to this subdivision for online due process reportingnew text end .
new text begin
(b) To ensure a strong focus on outcomes for children with disabilities informs
federal and state compliance and accountability requirements and to increase opportunities
for special educators and related-services providers to focus on teaching children with
disabilities, the commissioner must customize a streamlined, user-friendly statewide
online system, with a single model online form, for effectively and efficiently collecting
and reporting required special education-related data to individuals with a legitimate
educational interest and who are authorized by law to access the data.
new text end
new text begin
(c) The commissioner must consult with qualified experts, including information
technology specialists, licensed special education teachers and directors of special
education, related-services providers, third-party vendors, a designee of the commissioner
of human services, parents of children with disabilities, representatives of advocacy groups
representing children with disabilities, and representatives of school districts and special
education cooperatives on integrating, field testing, customizing, and sustaining this simple,
easily accessible, efficient, and effective online data system for uniform statewide reporting
of required due process compliance data. Among other outcomes, the system must:
new text end
new text begin
(1) reduce special education teachers' paperwork burden and thereby increase the
teachers' opportunities to focus on teaching children;
new text end
new text begin
(2) to the extent authorized by chapter 13 or other applicable state or federal law
governing access to and dissemination of educational records, provide for efficiently
and effectively transmitting the records of all transferring children with disabilities,
including highly mobile and homeless children with disabilities, among others, and avoid
fragmented service delivery;
new text end
new text begin
(3) address language and other barriers and disparities that prevent parents from
understanding and communicating information about the needs of their children with
disabilities; and
new text end
new text begin
(4) help continuously improve the interface among the online systems serving
children with disabilities in order to maintain and reinforce the children's ability to learn.
new text end
new text begin
(d) The commissioner must use the federal Office of Special Education Programs
model forms for the (1) individualized education program, (2) notice of procedural
safeguards, and (3) prior written notice that are consistent with Part B of IDEA to integrate
and customize a state-sponsored universal special education online case management
system, consistent with the requirements of state law and this subdivision for customizing
a statewide online reporting system. The commissioner must use a request for proposal
process to contract for the technology and software needed for customizing the online
system in order for the system to be fully functional, consistent with the requirements of
this subdivision. This online system must be made available to school districts without
charge beginning in the 2015-2016 school year. For the 2015-2016 through 2017-2018
school years, school districts may use this online system or may contract with an outside
vendor for compliance reporting. Beginning in the 2018-2019 school year and later,
school districts must use this online system for compliance reporting.
new text end
new text begin
(e) All data on individuals maintained in the statewide reporting system are
classified as provided in chapter 13 or other applicable state or federal law. An authorized
individual's ability to enter, update, or access data must be limited through the use of
role-based access codes corresponding to that individual's official duties or training level,
and the statutory authorization that grants access for a particular purpose. Any action
in which data in the system are entered, updated, accessed, or shared or disseminated
outside of the system must be recorded in an audit trail. The audit trail must identify the
specific user responsible for the action, the date and time the action occurred, and the
purpose for the action. Data contained in the audit trail maintain the same classification
as the underlying data affected by the action, provided the responsible authority makes
the data available to a student or the student's parent upon request, and the responsible
authority may access the data to audit the system's user activity and security safeguards.
Before entering data on a student, the responsible authority must provide the student or the
student's parent written notice of the data practices rights and responsibilities required by
this subdivision and a reasonable opportunity to refuse consent to have the student's data
included in the system. Upon receiving the student or the student's parent written refusal
to consent, the school district must not enter data on that student into the system and must
delete any existing data on that student currently in the system.
new text end
new text begin
(f) Consistent with this subdivision, the commissioner must establish a public
Internet Web interface to provide information to educators, parents, and the public about
the form and content of required special education reports, to respond to queries from
educators, parents, and the public about specific aspects of special education reports
and reporting, and to use the information garnered from the interface to streamline and
revise special education reporting on the online system under this subdivision. The public
Internet Web interface must have a prominently-linked page describing the rights and
responsibilities of students and parents whose data are included in the statewide reporting
system, and include information on the data practices rights of students and parents
provided by this subdivision and a form students or parents may use to refuse consent to
have a student's data included in the system. The public Internet Web interface must not
provide access to the educational records of any individual child.
new text end
new text begin
(g) The commissioner annually by February 1 must submit to the legislature a report
on the status, recent changes, and sustainability of the online system under this subdivision.
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. 12. new text begin RULEMAKING AUTHORITY; SPECIAL EDUCATION TASK FORCE
RECOMMENDATIONS.
new text end
new text begin
The commissioner of education must use the expedited rulemaking process under
Minnesota Statutes, section 14.389, including subdivision 5, to make the specific rule
changes recommended by the Special Education Case Load and Rule Alignment Task
Force in its 2014 report entitled "Recommendations for Special Education Case Load and
Rule Alignment" submitted to the legislature on February 15, 2014.
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. 13. new text begin APPROPRIATION.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Department assistance. new text end
new text begin
For the commissioner of education to assist
school districts in meeting the needs of children who have experienced a high use of prone
restraints, consistent with Minnesota Statutes 2013 Supplement, section 125A.0942:
new text end
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2015 new text end |
new text begin
The commissioners of education and human services, or their designees, must
discuss coordinating use of funds and personnel available for this purpose within their
respective departments. This is a onetime appropriation.
new text end
ARTICLE 19
FACILITIES
Section 1.
new text begin
[123A.482] JOINT POWERS COOPERATIVE FACILITY.
new text end
new text begin Subdivision 1. new text end
new text begin Schools may be jointly operated. new text end
new text begin
Two or more school districts may
agree to jointly operate a secondary facility. The districts may choose to operate the
facility according to a joint powers agreement under section 123A.78 or 471.59.
new text end
new text begin Subd. 2. new text end
new text begin Expanded program offerings. new text end
new text begin
A jointly operated secondary program
seeking funding under section 123A.485 must demonstrate to the commissioner's
satisfaction that the jointly operated program provides enhanced learning opportunities and
broader curriculum offerings to the students attending that program. The commissioner
must approve or disapprove a cooperative secondary program within 60 days of receipt of
an application.
new text end
new text begin Subd. 3. new text end
new text begin Transfer of employees. new text end
new text begin
If an employee is transferred between two
employer members of the joint powers agreement under this section, the employee's
length of service under section 122A.40, subdivision 5, remains uninterrupted. The
employee shall receive credit on the receiving district's salary schedule for the employee's
educational attainment and years of continuous service in the sending district, or shall
receive a comparable salary, whichever is greater. The employee shall receive credit for
accrued sick leave and rights to severance benefits as if the employee had been employed
by the receiving district during the employee's years of employment in the sending district.
new text end
new text begin Subd. 4. new text end
new text begin Revenue. new text end
new text begin
An approved program that is jointly operated under this section
is eligible for aid under section 123A.485 and qualifies for a facilities grant under sections
123A.44 to 123A.446.
new text end
new text begin Subd. 5. new text end
new text begin Duty to maintain elementary and secondary schools met. new text end
new text begin
A school
district operating a joint facility under this section meets the requirements of section
123A.64.
new text end
new text begin Subd. 6. new text end
new text begin Estimated market value limit exclusion. new text end
new text begin
Bonds for a cooperative facility
operated under this section issued by a member school district are not subject to the net
debt limit under section 475.53, subdivision 4.
new text end
new text begin Subd. 7. new text end
new text begin Allocation of levy authority for joint facility. new text end
new text begin
For purposes of determining
each member district's school levy, a jointly operated secondary program may allocate
program costs to each member district according to the joint powers agreement and each
member district may include those costs in its tax levy. The joint powers agreement may
choose to allocate costs on any basis adopted as part of the joint powers agreement.
new text end
new text begin Subd. 8. new text end
new text begin Effect of consolidation. new text end
new text begin
The joint powers agreement may allow member
school districts that choose to consolidate to continue to certify levies separately based on
each component district's characteristics.
new text end
new text begin Subd. 9. new text end
new text begin Bonds. new text end
new text begin
A joint powers district formed under this section may issue bonds
according to section 123A.78 or its member districts may issue bonds individually after
complying with this subdivision. The joint powers board must submit the project for
review and comment under section 123B.71. The joint powers board must hold a hearing
on the proposal. If the bonds are not issued under section 123A.78, each member district
of the joint powers district must submit the question of authorizing borrowing of funds for
the project to the voters of the district at a special election. The question submitted shall
state the total amount of funding needed from that district. The member district may issue
the bonds according to chapter 475 and certify the levy required by section 475.61 only if
a majority of those voting on the question in that district vote in the affirmative and only
after the board has adopted a resolution pledging the full faith and credit of that unit. The
resolution must irrevocably commit that unit to pay an agreed-upon share of any debt levy
shortages that, together with other funds available, would allow the member school board
to pay the principal and interest on the obligations. The clerk of the joint powers board
must certify the vote of any bond elections to the commissioner. Bonds issued under this
section first qualify for debt service equalization aid in fiscal year 2018.
new text end
new text begin Subd. 10. new text end
new text begin Election. new text end
new text begin
A district entering into a joint powers agreement under this
section may conduct a referendum seeking approval for a new facility. This election may
be held separately or at the same time as a bond election under subdivision 9. If the
election is held at the same time, the questions may be asked separately or as a conjunctive
question. The question must be approved by a majority of those voting on the question.
If asked separately and the question fails, a district may not proceed with the sale of
bonds according to subdivision 9.
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. 2.
Minnesota Statutes 2012, section 123A.485, is amended to read:
123A.485 CONSOLIDATION TRANSITION deleted text begin REVENUEdeleted text end new text begin AIDnew text end .
Subdivision 1.
Eligibility and use.
A district that new text begin operates a cooperative facility
under section 123A.482 or that new text end has been reorganized after June 30, 1994, under section
123A.48 is eligible for consolidation transition deleted text begin revenue. Revenue is equal to the sum of
deleted text end aid deleted text begin under subdivision 2 and levy under subdivision 3deleted text end . Consolidation transition deleted text begin revenue
deleted text end new text begin aidnew text end may only be used according to this section. Revenue must be used for the following
purposes and may be distributed among these purposes at the discretion of the districtnew text begin or
the governing board of the cooperative facilitynew text end :
(1) to offer early retirement incentives as provided by section 123A.48, subdivision
23;
(2) to reduce operating debt as defined in section 123B.82;
(3) to enhance learning opportunities for students in the reorganized district; deleted text begin and
deleted text end
(4) new text begin to repay building debt; or
new text end
new text begin (5) new text end for other costs incurred in the reorganization.
Revenue received and utilized under clause (3) or deleted text begin (4)deleted text end new text begin (5)new text end may be expended for
operating, facilities, and/or equipment.
Subd. 2.
Aid.
deleted text begin (a)deleted text end Consolidation transition aid is equal to deleted text begin $200deleted text end new text begin $300new text end times the
number of deleted text begin residentdeleted text end new text begin adjustednew text end pupil units in the deleted text begin newly createddeleted text end new text begin cooperative facility under
section 123A.482 or the consolidatednew text end district deleted text begin in the year of consolidation and $100 times
the number of resident pupil units in the first year following the year of consolidation
deleted text end new text begin under section 123A.48new text end . deleted text begin The number of pupil units used to calculate aiddeleted text end deleted text begin in either year
shall not exceed 1,000 for districts consolidating July 1, 1994, and 1,500 for districts
consolidating July 1, 1995, and thereafterdeleted text end new text begin A district may receive aid under this section for
not more than five years except as provided in subdivision 4new text end .
deleted text begin
(b) If the total appropriation for consolidation transition aid for any fiscal year, plus
any amount transferred under section 127A.41, subdivision 8, is insufficient to pay all
districts the full amount of aid earned, the department must first pay the districts in the first
year following the year of consolidation the full amount of aid earned and distribute any
remaining funds to the newly created districts in the first year of consolidation.
deleted text end
Subd. 3.
Levy.
If the aid available in subdivision 2 is insufficient to cover the costs
of the district under section 123A.48, subdivision 23, the district may levy the difference
over a period of time not to exceed three years.
Subd. 4.
New districts.
If a district new text begin enters into a cooperative secondary facilities
program or new text end consolidates with another district that has received aid under section 123A.39,
subdivision 3, or 123A.485 for a combination or consolidation taking effect within
six years of the effective date of the new consolidationnew text begin or the start of the cooperative
secondary facilities programnew text end , only the pupil units in the district or districts not previously
new text begin cooperating ornew text end reorganized must be counted for aid purposes under subdivision 2. If
two or more districts consolidate and all districts received aid under subdivision 2 for a
consolidation taking effect within six years of the effective date of the new consolidation,
only one quarter of the pupil units in the newly created district must be used to determine
aid under subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for state aid for fiscal year 2017
and later.
new text end
Sec. 3.
Minnesota Statutes 2012, section 123A.64, is amended to read:
123A.64 DUTY TO MAINTAIN ELEMENTARY AND SECONDARY
SCHOOLS.
Each district must maintain classified elementary and secondary schools, grades 1
through 12, unless the district is exempt according to section 123A.61 or 123A.62, has
made an agreement with another district or districts as provided in sections 123A.30,
123A.32, or sections 123A.35 to 123A.43, or 123A.17, subdivision 7, deleted text begin ordeleted text end has received a
grant under sections 123A.441 to 123A.446new text begin , or has formed a cooperative under section
123A.482new text end . A district that has an agreement according to sections 123A.35 to 123A.43 or
123A.32 must operate a school with the number of grades required by those sections. A
district that has an agreement according to section 123A.30 or 123A.17, subdivision 7, or
has received a grant under sections 123A.441 to 123A.446 must operate a school for the
grades not included in the agreement, but not fewer than three grades.
Sec. 4.
Minnesota Statutes 2013 Supplement, section 123B.53, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the eligible debt service
revenue of a district is defined as follows:
(1) the amount needed to produce between five and six percent in excess of the
amount needed to meet when due the principal and interest payments on the obligations
of the district for eligible projects according to subdivision 2, including the amounts
necessary for repayment of energy loans according to section 216C.37 or sections 298.292
to 298.298, debt service loans and capital loans, lease purchase payments under section
126C.40, subdivision 2, alternative facilities levies under section 123B.59, subdivision
5, paragraph (a), minus
(2) the amount of debt service excess levy reduction for that school year calculated
according to the procedure established by the commissioner.
(b) The obligations in this paragraph are excluded from eligible debt service revenue:
(1) obligations under section 123B.61;
(2) the part of debt service principal and interest paid from the taconite environmental
protection fund or Douglas J. Johnson economic protection trustnew text begin , excluding the portion of
taconite payments from the Iron Range school consolidation and cooperatively operated
school account under section 298.28, subdivision 7anew text end ;
(3) obligations issued under Laws 1991, chapter 265, article 5, section 18, as
amended by Laws 1992, chapter 499, article 5, section 24; deleted text begin and
deleted text end
(4) obligations under section 123B.62new text begin ; and
new text end
new text begin (5) obligations equalized under section 123B.535new text end .
(c) For purposes of this section, if a preexisting school district reorganized under
sections 123A.35 to 123A.43, 123A.46, and 123A.48 is solely responsible for retirement
of the preexisting district's bonded indebtedness, capital loans or debt service loans, debt
service equalization aid must be computed separately for each of the preexisting districts.
(d) For purposes of this section, the adjusted net tax capacity determined according
to sections 127A.48 and 273.1325 shall be adjusted to include the tax capacity of property
generally exempted from ad valorem taxes under section 272.02, subdivision 64.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fiscal year 2017 and later.
new text end
Sec. 5.
Minnesota Statutes 2013 Supplement, section 123B.53, subdivision 5, is
amended to read:
Subd. 5.
Equalized debt service levy.
(a) The equalized debt service levy of a
district equals the sum of the first tier equalized debt service levy and the second tier
equalized debt service levy.
(b) A district's first tier equalized debt service levy equals the district's first tier debt
service equalization revenue times the lesser of one or the ratio of:
(1) the quotient derived by dividing the adjusted net tax capacity of the district for
the year before the year the levy is certified by the adjusted pupil units in the district for
the school year ending in the year prior to the year the levy is certified; to
(2) deleted text begin $3,550deleted text end new text begin $4,970new text end .
(c) A district's second tier equalized debt service levy equals the district's second tier
debt service equalization revenue times the lesser of one or the ratio of:
(1) the quotient derived by dividing the adjusted net tax capacity of the district for
the year before the year the levy is certified by the adjusted pupil units in the district for
the school year ending in the year prior to the year the levy is certified; to
(2) deleted text begin $7,900deleted text end new text begin $8,000new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2016
and later.
new text end
Sec. 6.
new text begin
[123B.535] NATURAL DISASTER DEBT SERVICE EQUALIZATION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the eligible natural
disaster debt service revenue of a district is defined as the amount needed to produce
between five and six percent in excess of the amount needed to meet when due the
principal and interest payments on the obligations of the district that would otherwise
qualify under section 123B.53 under the following conditions:
new text end
new text begin
(1) the district was impacted by a natural disaster event or area occurring January
1, 2005, or later, as declared by the President of the United States of America, which is
eligible for Federal Emergency Management Agency payments;
new text end
new text begin
(2) the natural disaster caused $500,000 or more in damages to school district
buildings; and
new text end
new text begin
(3) the repair and replacement costs are not covered by insurance payments or
Federal Emergency Management Agency payments.
new text end
new text begin
(b) For purposes of this section, the adjusted net tax capacity equalizing factor
equals the quotient derived by dividing the total adjusted net tax capacity of all school
districts in the state for the year before the year the levy is certified by the total number of
adjusted pupil units in the state for the year prior to the year the levy is certified.
new text end
new text begin
(c) For purposes of this section, the adjusted net tax capacity determined according
to sections 127A.48 and 273.1325 shall be adjusted to include the tax capacity of property
generally exempted from ad valorem taxes under section 272.02, subdivision 64.
new text end
new text begin Subd. 2. new text end
new text begin Notification. new text end
new text begin
A district eligible for natural disaster debt service
equalization revenue under subdivision 1 must notify the commissioner of the amount of
its intended natural disaster debt service revenue calculated under subdivision 1 for all
bonds sold prior to the notification by July 1 of the calendar year the levy is certified.
new text end
new text begin Subd. 3. new text end
new text begin Natural disaster debt service equalization revenue. new text end
new text begin
The debt service
equalization revenue of a district equals the greater of zero or the eligible debt service
revenue, minus the greater of zero or the difference between:
new text end
new text begin
(1) the amount raised by a levy of ten percent times the adjusted net tax capacity
of the district; and
new text end
new text begin
(2) the district's eligible debt service revenue under section 123B.53.
new text end
new text begin Subd. 4. new text end
new text begin Equalized natural disaster debt service levy. new text end
new text begin
A district's equalized
natural disaster debt service levy equals the district's natural disaster debt service
equalization revenue times the lesser of one or the ratio of:
new text end
new text begin
(1) the quotient derived by dividing the adjusted net tax capacity of the district for
the year before the year the levy is certified by the adjusted pupil units in the district for
the school year ending in the year prior to the year the levy is certified; to
new text end
new text begin
(2) 300 percent of the statewide adjusted net tax capacity equalizing factor.
new text end
new text begin Subd. 5. new text end
new text begin Natural disaster debt service equalization aid. new text end
new text begin
A district's natural
disaster debt service equalization aid equals the difference between the district's natural
disaster debt service equalization revenue and the district's equalized natural disaster
debt service levy.
new text end
new text begin Subd. 6. new text end
new text begin Natural disaster debt service equalization aid payment schedule. new text end
new text begin
Debt
service equalization aid must be paid according to section 127A.45, subdivision 10.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2016 and
revenue for fiscal year 2017 and later.
new text end
Sec. 7.
Minnesota Statutes 2013 Supplement, section 123B.54, is amended to read:
123B.54 DEBT SERVICE APPROPRIATION.
(a) The amount necessary to make debt service equalization aid payments under
deleted text begin sectiondeleted text end new text begin sectionsnew text end 123B.53 new text begin and 123B.535 new text end is annually appropriated from the general fund to
the commissioner of education.
(b) The appropriations in paragraph (a) must be reduced by the amount of any
money specifically appropriated for the same purpose in any year from any state fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2017
and later.
new text end
Sec. 8.
Minnesota Statutes 2012, section 123B.57, subdivision 6, is amended to read:
Subd. 6.
Uses of health and safety revenue.
new text begin (a) new text end Health and safety revenue may be
used only for approved expenditures necessary for the correction of fire and life safety
hazards; design, purchase, installation, maintenance, and inspection of fire protection and
alarm equipment; purchase or construction of appropriate facilities for the storage of
combustible and flammable materials; inventories and facility modifications not related
to a remodeling project to comply with lab safety requirements under section 121A.31;
inspection, testing, repair, removal or encapsulation, and disposal of asbestos-containing
building materials; cleanup and disposal of polychlorinated biphenyls; cleanup and
disposal of hazardous and infectious wastes; cleanup, removal, disposal, and repairs
related to storing heating fuel or transportation fuels such as alcohol, gasoline, fuel oil,
and special fuel, as defined in section 296A.01; correction of occupational safety and
health administration regulated hazards; indoor air quality inspections, investigations, and
testing; mold abatement; upgrades or replacement of mechanical ventilation systems
to meet American Society of Heating, Refrigerating and Air Conditioning Engineers
standards and State Mechanical Code; design, materials, and installation of local exhaust
ventilation systems, including required make-up air for controlling regulated hazardous
substances; correction of Department of Health Food Code violations; correction of
swimming pool hazards excluding depth correction; playground safety inspections,
repair of unsafe outdoor playground equipment, and the installation of impact surfacing
materials; bleacher repair or rebuilding to comply with the order of a building code
inspector under section 326B.112; testing and mitigation of elevated radon hazards; lead
testing; copper in water testing; cleanup after major weather-related disasters or flooding;
reduction of excessive organic and inorganic levels in wells and capping of abandoned
wells; installation and testing of boiler backflow valves to prevent contamination of
potable water; vaccinations, titers, and preventative supplies for bloodborne pathogen
compliance; costs to comply with the Janet B. Johnson Parents' Right to Know Act;
automated external defibrillators and other emergency plan equipment and supplies
specific to the district's emergency action plan;new text begin compliance with the National Emission
Standards for Hazardous Air Pollutants for school generators established by the
United States Environmental Protection Agency;new text end and health, safety, and environmental
management costs associated with implementing the district's health and safety program
including costs to establish and operate safety committees, in school buildings or property
owned or being acquired by the district. Testing and calibration activities are permitted for
existing mechanical ventilation systems at intervals no less than every five years.
new text begin
(b) For fiscal years 2014 through 2017, a school district must not include expenses
related to emission compliance projects for school generators in its health and safety
revenue unless it reduces its approved spending on other qualified health and safety
projects by the same amount.
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. 9.
Minnesota Statutes 2012, section 123B.71, subdivision 8, is amended to read:
Subd. 8.
Review and comment.
A school district, a special education cooperative,
or a cooperative unit of government, as defined in section 123A.24, subdivision 2, must not
initiate an installment contract for purchase or a lease agreement, hold a referendum for
bonds, nor solicit bids for new construction, expansion, or remodeling of an educational
facility that requires an expenditure in excess of $500,000 per school site if it has a capital
loan outstanding, or deleted text begin $1,400,000deleted text end new text begin $2,000,000new text end per school site if it does not have a capital
loan outstanding, prior to review and comment by the commissioner. deleted text begin The commissioner
may exemptdeleted text end A facility new text begin addition, new text end maintenance projectnew text begin , or remodeling projectnew text end funded new text begin only
new text end with general education deleted text begin aid and levydeleted text end new text begin revenue, deferred maintenance revenuenew text end , alternative
facilities bonding and levy programnew text begin revenue, lease levy proceeds, capital facilities bond
proceedsnew text end , or health and safety revenuenew text begin is exemptnew text end from this provision deleted text begin after reviewing a
written request from a school district describing the scope of workdeleted text end .new text begin A capital project under
section 123B.63 addressing only technology is exempt from this provision if the district
submits a school board resolution stating that funds approved by the voters will be used
only as authorized in section 126C.10, subdivision 14.new text end A school board shall not separate
portions of a single project into components to avoid the requirements of this subdivision.
Sec. 10.
Minnesota Statutes 2012, section 123B.71, subdivision 9, is amended to read:
Subd. 9.
Information required.
A school board proposing to constructnew text begin , expand,
or remodelnew text end a facility deleted text begin described indeleted text end new text begin that requires a review and comment undernew text end subdivision
8 shall submit to the commissioner a proposal containing information including at least
the following:
(1) the geographic area and population to be served, preschool through grade 12
student enrollments for the past five years, and student enrollment projections for the
next five years;
(2) a list of existing facilities by year constructed, their uses, and an assessment of
the extent to which alternate facilities are available within the school district boundaries
and in adjacent school districts;
(3) a list of the specific deficiencies of the facility that demonstrate the need for a
new or renovated facility to be provided,new text begin the process used to determine the deficiencies, a
list of those deficiencies that will and will not be addressed by the proposed project,new text end and a
list of the specific benefits that the new or renovated facility will provide to the students,
teachers, and community users served by the facility;
deleted text begin
(4) the relationship of the project to any priorities established by the school district,
educational cooperatives that provide support services, or other public bodies in the
service area;
deleted text end
deleted text begin
(5) a description of the pedestrian, bicycle, and transit connections between the
school and nearby residential areas that make it easier for children, teachers, and parents
to get to the school by walking, bicycling, and taking transit;
deleted text end
deleted text begin
(6) a specification of how the project maximizes the opportunity for cooperative use
of existing park, recreation, and other public facilities and whether and how the project
will increase collaboration with other governmental or nonprofit entities;
deleted text end
deleted text begin (7)deleted text end new text begin (4)new text end a description of the project, including the specification of site and outdoor
space acreage and square footage allocations for classrooms, laboratories, and support
spaces; estimated expenditures for the major portions of the project; and the dates the
project will begin and be completed;
deleted text begin (8)deleted text end new text begin (5)new text end a specification of the source of financing the projectnew text begin , including applicable
statutory citationsnew text end ; the scheduled date for a bond issue or school board action; a schedule
of payments, including debt service equalization aid; and the effect of a bond issue on
local property taxes by the property class and valuation;
deleted text begin
(9) an analysis of how the proposed new or remodeled facility will affect school
district operational or administrative staffing costs, and how the district's operating budget
will cover any increased operational or administrative staffing costs;
deleted text end
deleted text begin
(10) a description of the consultation with local or state transportation officials
on multimodal school site access and safety issues, and the ways that the project will
address those issues;
deleted text end
deleted text begin
(11) a description of how indoor air quality issues have been considered and a
certification that the architects and engineers designing the facility will have professional
liability insurance;
deleted text end
deleted text begin
(12) as required under section 123B.72, for buildings coming into service after July 1,
2002, a certification that the plans and designs for the extensively renovated or new facility's
heating, ventilation, and air conditioning systems will meet or exceed code standards; will
provide for the monitoring of outdoor airflow and total airflow of ventilation systems; and
will provide an indoor air quality filtration system that meets ASHRAE standard 52.1;
deleted text end
deleted text begin
(13) a specification of any desegregation requirements that cannot be met by any
other reasonable means;
deleted text end
deleted text begin
(14) a specification of how the facility will utilize environmentally sustainable
school facility design concepts;
deleted text end
deleted text begin
(15) a description of how the architects and engineers have considered the American
National Standards Institute Acoustical Performance Criteria, Design Requirements
and Guidelines for Schools of the maximum background noise level and reverberation
times; and
deleted text end
deleted text begin
(16) any existing information from the relevant local unit of government about the
cumulative costs to provide infrastructure to serve the school, such as utilities, sewer,
roads, and sidewalks.
deleted text end
new text begin
(6) documents obligating the school district and contractors to comply with items (i)
to (vii) in planning and executing the project:
new text end
new text begin
(i) section 471.346 governing municipal contracts;
new text end
new text begin
(ii) sustainable design;
new text end
new text begin
(iii) school facility commissioning under section 123B.72 certifying the plans and
designs for the heating, ventilating, air conditioning, and air filtration for an extensively
renovated or new facility meet or exceed current code standards, including the ASHRAE
air filtration standard 52.1;
new text end
new text begin
(iv) American National Standards Institute Acoustical Performance Criteria, Design
Requirements and Guidelines for Schools on maximum background noise level and
reverberation times;
new text end
new text begin
(v) State Fire Code;
new text end
new text begin
(vi) chapter 326B governing building codes; and
new text end
new text begin
(vii) consultation with affected government units about the impact of the project
on utilities, roads, sewers, sidewalks, retention ponds, school bus and automobile traffic,
access to mass transit, and safe access for pedestrians and cyclists.
new text end
Sec. 11.
Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 2d,
is amended to read:
Subd. 2d.
Declining enrollment revenue.
new text begin (a) new text end A school district's declining
enrollment revenue equals the greater of zero or the product of: (1) 28 percent of the
formula allowance for that year and (2) the difference between the adjusted pupil units for
the preceding year and the adjusted pupil units for the current year.
new text begin
(b) Notwithstanding paragraph (a), for fiscal years 2015, 2016, and 2017 only, a pupil
enrolled at the Crosswinds school shall not generate declining enrollment revenue for the
district or charter school in which the pupil was last counted in average daily membership.
new text end
Sec. 12.
Minnesota Statutes 2013 Supplement, section 126C.48, subdivision 8, is
amended to read:
Subd. 8.
Taconite payment and other reductions.
(1) Reductions in levies
pursuant to subdivision 1 must be made prior to the reductions in clause (2).
(2) Notwithstanding any other law to the contrary, districts that have revenue
pursuant to sections 298.018; 298.225; 298.24 to 298.28, except an amount distributed
under sections 298.26; 298.28, subdivision 4, paragraphs (c), clause (ii), and (d); 298.34
to 298.39; 298.391 to 298.396; 298.405; 477A.15; and any law imposing a tax upon
severed mineral values must reduce the levies authorized by this chapter and chapters
120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A by 95 percent of the sum of the
previous year's revenue specified under this clause and the amount attributable to the same
production year distributed to the cities and townships within the school district under
section 298.28, subdivision 2, paragraph (c).
(3) The amount of any voter approved referendum, facilities down payment, and
debt levies shall not be reduced by more than 50 percent under this subdivisionnew text begin , except
that payments under section 298.28, subdivision 7a, may reduce the debt service levy by
more than 50 percentnew text end . In administering this paragraph, the commissioner shall first reduce
the nonvoter approved levies of a district; then, if any payments, severed mineral value
tax revenue or recognized revenue under paragraph (2) remains, the commissioner shall
reduce any voter approved referendum levies authorized under section 126C.17; then, if
any payments, severed mineral value tax revenue or recognized revenue under paragraph
(2) remains, the commissioner shall reduce any voter approved facilities down payment
levies authorized under section 123B.63 and then, if any payments, severed mineral value
tax revenue or recognized revenue under paragraph (2) remains, the commissioner shall
reduce any voter approved debt levies.
(4) Before computing the reduction pursuant to this subdivision of the health and
safety levy authorized by sections 123B.57 and 126C.40, subdivision 5, the commissioner
shall ascertain from each affected school district the amount it proposes to levy under
each section or subdivision. The reduction shall be computed on the basis of the amount
so ascertained.
(5) To the extent the levy reduction calculated under paragraph (2) exceeds the
limitation in paragraph (3), an amount equal to the excess must be distributed from the
school district's distribution under sections 298.225, 298.28, and 477A.15 in the following
year to the cities and townships within the school district in the proportion that their
taxable net tax capacity within the school district bears to the taxable net tax capacity of
the school district for property taxes payable in the year prior to distribution. No city or
township shall receive a distribution greater than its levy for taxes payable in the year prior
to distribution. The commissioner of revenue shall certify the distributions of cities and
towns under this paragraph to the county auditor by September 30 of the year preceding
distribution. The county auditor shall reduce the proposed and final levies of cities and
towns receiving distributions by the amount of their distribution. Distributions to the cities
and towns shall be made at the times provided under section 298.27.
Sec. 13.
Minnesota Statutes 2012, section 127A.49, subdivision 2, is amended to read:
Subd. 2.
Abatements.
Whenever by virtue of chapter 278, sections 270C.86,
375.192, or otherwise, the net tax capacity or referendum market value of any district for
any taxable year is changed after the taxes for that year have been spread by the county
auditor and the local tax rate as determined by the county auditor based upon the original
net tax capacity is applied upon the changed net tax capacities, the county auditor shall,
prior to February 1 of each year, certify to the commissioner of education the amount of
any resulting net revenue loss that accrued to the district during the preceding year. Each
year, the commissioner shall pay an abatement adjustment to the district in an amount
calculated according to the provisions of this subdivision. This amount shall be deducted
from the amount of the levy authorized by section 126C.46. The amount of the abatement
adjustment must be the product of:
(1) the net revenue loss as certified by the county auditor, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy in the third preceding year
according to the following:
(A) section 123B.57, if the district received health and safety aid according to that
section for the second preceding year;
(B) section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C) section 124D.135, subdivision 3, if the district received early childhood family
education aid according to section 124D.135 for the second preceding year;
(D) section 126C.17, subdivision 6, if the district received referendum equalization
aid according to that section for the second preceding year;
(E) section 126C.10, subdivision 13a, if the district received operating capital aid
according to section 126C.10, subdivision 13b, in the second preceding year;
(F) section 126C.10, subdivision 29, if the district received equity aid according to
section 126C.10, subdivision 30, in the second preceding year;
(G) section 126C.10, subdivision 32, if the district received transition aid according
to section 126C.10, subdivision 33, in the second preceding year;
(H) section 123B.53, subdivision 5, if the district received debt service equalization
aid according to section 123B.53, subdivision 6, in the second preceding year;
new text begin
(I) section 123B.535, subdivision 4, if the district received natural disaster debt
service equalization aid according to section 123B.535, subdivision 5, in the second
preceding year;
new text end
deleted text begin (I)deleted text end new text begin (J)new text end section 124D.22, subdivision 3, if the district received school-age care aid
according to section 124D.22, subdivision 4, in the second preceding year;
deleted text begin (J)deleted text end new text begin (K)new text end section 123B.591, subdivision 3, if the district received deferred maintenance
aid according to section 123B.591, subdivision 4, in the second preceding year; and
deleted text begin (K)deleted text end new text begin (L)new text end section 126C.10, subdivision 35, if the district received alternative teacher
compensation equalization aid according to section 126C.10, subdivision 36, paragraph
(a), in the second preceding year; to
(ii) the total amount of the district's certified levy in the third preceding December,
plus or minus auditor's adjustments.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2017
and later.
new text end
Sec. 14.
Minnesota Statutes 2012, section 127A.49, subdivision 3, is amended to read:
Subd. 3.
Excess tax increment.
(a) If a return of excess tax increment is made to a
district pursuant to sections 469.176, subdivision 2, and 469.177, subdivision 9, or upon
decertification of a tax increment district, the school district's aid and levy limitations
must be adjusted for the fiscal year in which the excess tax increment is paid under the
provisions of this subdivision.
(b) An amount must be subtracted from the district's aid for the current fiscal year
equal to the product of:
(1) the amount of the payment of excess tax increment to the district, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy for the fiscal year in which
the excess tax increment is paid according to the following:
(A) section 123B.57, if the district received health and safety aid according to that
section for the second preceding year;
(B) section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C) section 124D.135, subdivision 3, if the district received early childhood family
education aid according to section 124D.135 for the second preceding year;
(D) section 126C.17, subdivision 6, if the district received referendum equalization
aid according to that section for the second preceding year;
(E) section 126C.10, subdivision 13a, if the district received operating capital aid
according to section 126C.10, subdivision 13b, in the second preceding year;
(F) section 126C.10, subdivision 29, if the district received equity aid according to
section 126C.10, subdivision 30, in the second preceding year;
(G) section 126C.10, subdivision 32, if the district received transition aid according
to section 126C.10, subdivision 33, in the second preceding year;
(H) section 123B.53, subdivision 5, if the district received debt service equalization
aid according to section 123B.53, subdivision 6, in the second preceding year;
new text begin
(I) section 123B.535, subdivision 4, if the district received natural disaster debt
service equalization aid according to section 123B.535, subdivision 5, in the second
preceding year;
new text end
deleted text begin (I)deleted text end new text begin (J)new text end section 124D.22, subdivision 3, if the district received school-age care aid
according to section 124D.22, subdivision 4, in the second preceding year;
deleted text begin (J)deleted text end new text begin (K)new text end section 123B.591, subdivision 3, if the district received deferred maintenance
aid according to section 123B.591, subdivision 4, in the second preceding year; and
deleted text begin (K)deleted text end new text begin (L)new text end section 126C.10, subdivision 35, if the district received alternative teacher
compensation equalization aid according to section 126C.10, subdivision 36, paragraph
(a), in the second preceding year; to
(ii) the total amount of the district's certified levy for the fiscal year, plus or minus
auditor's adjustments.
(c) An amount must be subtracted from the school district's levy limitation for the
next levy certified equal to the difference between:
(1) the amount of the distribution of excess increment; and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision cannot be made to the aid
for the fiscal year specified or to the levy specified, the reductions must be made from
aid for subsequent fiscal years, and from subsequent levies. The school district must use
the payment of excess tax increment to replace the aid and levy revenue reduced under
this subdivision.
(d) This subdivision applies only to the total amount of excess increments received
by a district for a calendar year that exceeds $25,000.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2017
and later.
new text end
Sec. 15.
Minnesota Statutes 2012, section 129C.10, subdivision 3, is amended to read:
Subd. 3.
Powers and duties of board.
(a) The board has the powers necessary for
the care, management, and control of the Perpich Center for Arts Education new text begin and any other
school authorized in this chapter, new text end and all deleted text begin itsdeleted text end new text begin theirnew text end real and personal property. The powers
shall include, but are not limited to, those listed in this subdivision.
(b) The board may employ and discharge necessary employees, and contract for
other services to ensure the efficient operation of the Center for Arts Educationnew text begin and any
other school authorized in this chapternew text end .
(c) The board may receive and award grants. The board may establish a charitable
foundation and accept, in trust or otherwise, any gift, grant, bequest, or devise for
educational purposes and hold, manage, invest, and dispose of them and the proceeds
and income of them according to the terms and conditions of the gift, grant, bequest, or
devise and its acceptance. The board must adopt internal procedures to administer and
monitor aids and grants.
(d) The board may establish or coordinate evening, continuing education, extension,
and summer programs for teachers and pupils.
(e) The board may identify pupils who have artistic talent, either demonstrated or
potential, in dance, literary arts, media arts, music, theater, and visual arts, or in more
than one art form.
(f) The board must educate pupils with artistic talent by providing:
(1) an interdisciplinary academic and arts program for pupils in the 11th and 12th
grades. The total number of pupils accepted under this clause and clause (2) shall not
exceed 310;
(2) additional instruction to pupils for a 13th grade. Pupils eligible for this
instruction are those enrolled in 12th grade who need extra instruction and who apply
to the board, or pupils enrolled in the 12th grade who do not meet learner outcomes
established by the board;
(3) intensive arts seminars for one or two weeks for pupils in grades 9 to 12;
(4) summer arts institutes for pupils in grades 9 to 12;
(5) artist mentor and extension programs in regional sites; and
(6) teacher education programs for indirect curriculum delivery.
(g) The board may determine the location for the Perpich Center for Arts Education
and any additional facilities related to the center, including the authority to lease a
temporary facility.
(h) The board must plan for the enrollment of pupils on an equal basis from each
congressional district.
(i) The board may establish task forces as needed to advise the board on policies and
issues. The task forces expire as provided in section 15.059, subdivision 6.
(j) The board may request the commissioner of education for assistance and services.
(k) The board may enter into contracts with other public and private agencies
and institutions for residential and building maintenance services if it determines that
these services could be provided more efficiently and less expensively by a contractor
than by the board itself. The board may also enter into contracts with public or private
agencies and institutions, school districts or combinations of school districts, or service
cooperatives to provide supplemental educational instruction and services.
(l) The board may provide or contract for services and programs by and for the
Center for Arts Education, including a store, operating in connection with the center;
theatrical events; and other programs and services that, in the determination of the board,
serve the purposes of the center.
(m) The board may provide for transportation of pupils to and from the Center for
Arts Education for all or part of the school year, as the board considers advisable and
subject to its rules. Notwithstanding any other law to the contrary, the board may charge a
reasonable fee for transportation of pupils. Every driver providing transportation of pupils
under this paragraph must possess all qualifications required by the commissioner of
education. The board may contract for furnishing authorized transportation under rules
established by the commissioner of education and may purchase and furnish gasoline to a
contract carrier for use in the performance of a contract with the board for transportation
of pupils to and from the Center for Arts Education. When transportation is provided,
scheduling of routes, establishment of the location of bus stops, the manner and method of
transportation, the control and discipline of pupils, and any other related matter is within
the sole discretion, control, and management of the board.
(n) The board may provide room and board for its pupils. If the board provides room
and board, it shall charge a reasonable fee for the room and board. The fee is not subject
to chapter 14 and is not a prohibited fee according to sections 123B.34 to 123B.39.
(o) The board may establish and set fees for services and programs. If the board sets
fees not authorized or prohibited by the Minnesota public school fee law, it may do so
without complying with the requirements of section 123B.38.
(p) The board may apply for all competitive grants administered by agencies of the
state and other government or nongovernment sources.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2012, section 129C.10, is amended by adding a
subdivision to read:
new text begin Subd. 5a. new text end
new text begin Interdistrict voluntary integration magnet program. new text end
new text begin
Notwithstanding
Minnesota Rules, parts 3535.0110 and 3535.0150, the board may establish and operate
an interdistrict integration magnet program according to section 129C.30. For fiscal year
2016 and later, the board must have an approved achievement and integration plan and
budget under section 124D.861.
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. 17.
new text begin
[129C.30] CROSSWINDS INTEGRATION MAGNET SCHOOL.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) The following terms having the meanings given
them for this chapter.
new text end
new text begin
(b) "Board" means the board of directors of the Perpich Center for Arts Education.
new text end
new text begin
(c) "Crosswinds school" means the Crosswinds school in Woodbury operated during
the 2012-2013 school year by Joint Powers District No. 6067, East Metro Integration
District.
new text end
new text begin Subd. 2. new text end
new text begin Board to operate the Crosswinds school. new text end
new text begin
The board may operate the
Crosswinds school with the powers and duties granted to it under this chapter. A student
may apply to the Crosswinds school under section 124D.03 and the Crosswinds school
may accept students under that section.
new text end
new text begin Subd. 3. new text end
new text begin General education funding. new text end
new text begin
General education revenue must be paid to
the Crosswinds school as though it were a district. The general education revenue for each
adjusted pupil unit is the state average general education revenue per pupil unit, plus
the referendum equalization aid allowance in the pupil's district of residence, minus an
amount equal to the product of the formula allowance according to section 126C.10,
subdivision 2, times .0466, calculated without declining enrollment, basic skills revenue,
extended time revenue, pension adjustment revenue, transition revenue, and transportation
sparsity revenue, plus declining enrollment, basic skills revenue, extended time revenue,
pension adjustment revenue, and transition revenue as though the school were a school
district. The general education revenue for each extended time pupil unit equals $4,794.
new text end
new text begin Subd. 4. new text end
new text begin Special education funding. new text end
new text begin
Special education aid must be paid to the
Crosswinds school according to sections 125A.76 and 125A.79, as though it were a
school district. The special education aid paid to the Crosswinds school shall be adjusted
as follows:
new text end
new text begin
(1) if the Crosswinds school does not receive general education revenue on behalf of
the student according to subdivision 3, the aid shall be adjusted as provided in section
125A.11; or
new text end
new text begin
(2) if the Crosswinds school receives general education revenue on behalf of the
student according to subdivision 3, the aid shall be adjusted as provided in section
127A.47, subdivision 7, paragraphs (b) to (d).
new text end
new text begin Subd. 5. new text end
new text begin Pupil transportation. new text end
new text begin
(a) For fiscal year 2015 only, a member district of
Joint Powers District No. 6067, East Metro Integration District, must transport pupils
enrolled at the Crosswinds school in the same manner as they were transported in fiscal
year 2014.
new text end
new text begin
(b) Pupil transportation expenses under this section are reimbursable under section
124D.87.
new text end
new text begin Subd. 6. new text end
new text begin Achievement and integration aid. new text end
new text begin
For fiscal year 2016 and later, the
Crosswinds school is eligible for achievement and integration aid under section 124D.862
as if it were a school district.
new text end
new text begin Subd. 7. new text end
new text begin Other aids, grants, revenue. new text end
new text begin
(a) The Crosswinds school is eligible to
receive other aids, grants, and revenue according to chapters 120A to 129C as though it
were a district.
new text end
new text begin
(b) Notwithstanding paragraph (a), the Crosswinds school may not receive aid, a
grant, or revenue if a levy is required to obtain the money, or if the aid, grant, or revenue
replaces levy revenue that is not general education revenue, except as otherwise provided
in this section.
new text end
new text begin
(c) Federal aid received by the state must be paid to the school if it qualifies for
the aid as though it were a school district.
new text end
new text begin
(d) In the year-end report to the commissioner of education, the Crosswinds school
shall report the total amount of funds received from grants and other outside sources.
new text end
new text begin Subd. 8. new text end
new text begin Year-round programming. new text end
new text begin
The Crosswinds school may operate as a
flexible learning year program under sections 124D.12 to 124D.127.
new text end
new text begin Subd. 9. new text end
new text begin Data requirements. new text end
new text begin
The commissioner of education shall require the
Crosswinds school to follow the budget and accounting procedures required for school
districts and the Crosswinds school shall report all data to the Department of Education in
the form and manner required by the commissioner.
new text end
Sec. 18.
Laws 2013, chapter 116, article 6, section 12, subdivision 5, is amended to read:
Subd. 5.
Equity in telecommunications access.
For equity in telecommunications
access:
| $ |
3,750,000 |
..... |
2014 |
|
| $ |
deleted text begin
3,750,000 deleted text end new text begin 8,750,000 new text end |
..... |
2015 |
If the appropriation amount is insufficient, the commissioner shall reduce the
reimbursement rate in Minnesota Statutes, section 125B.26, subdivisions 4 and 5, and the
revenue for fiscal years 2014 and 2015 shall be prorated.
Any balance in the first year does not cancel but is available in the second year.
new text begin The base appropriation for this program for fiscal years 2016 and 2017 is $8,750,000
for each year.
new text end
Sec. 19. new text begin HARAMBEE COMMUNITY SCHOOL TRANSITION.
new text end
new text begin Subdivision 1. new text end
new text begin Student enrollment. new text end
new text begin
A student enrolled in the Harambee community
school during the 2013-2014 school year may continue to enroll in the Harambee
community school in any subsequent year. For the 2014-2015 school year and later, other
students may apply for enrollment under Minnesota Statutes, section 124D.03.
new text end
new text begin Subd. 2. new text end
new text begin
Compensatory revenue; literacy aid; alternative compensation
revenue.
new text end
new text begin
For the 2014-2015 school year only, the Department of Education must calculate
compensatory revenue, literacy aid, and alternative compensation revenue for the
Harambee community school based on the October 1, 2013, enrollment counts.
new text end
new text begin Subd. 3. new text end
new text begin Year-round programming. new text end
new text begin
Harambee community school may operate as
a flexible learning year program under Minnesota Statutes, sections 124D.12 to 124D.127.
new text end
new text begin Subd. 4. new text end
new text begin Pupil transportation. new text end
new text begin
The board may transport pupils enrolled in the
2013-2014 school year to and from the Harambee community school in succeeding school
years regardless of the students' districts of residence. Pupil transportation expenses under
this section are reimbursable under Minnesota Statutes, section 124D.87.
new text end
Sec. 20. new text begin TRANSITION REQUIREMENTS; CROSSWINDS SCHOOL.
new text end
new text begin Subdivision 1. new text end
new text begin Student enrollment. new text end
new text begin
Any student enrolled in the Crosswinds school
during the 2013-2014 school year may continue to enroll in the Crosswinds school in
any subsequent year. For the 2014-2015 school year and later, a student may apply for
enrollment to the school under Minnesota Statutes, section 124D.03.
new text end
new text begin Subd. 2. new text end
new text begin
Compensatory revenue, literacy aid, and alternative compensation
revenue.
new text end
new text begin
For the 2014-2015 school year only, the Department of Education must calculate
compensatory revenue, literacy aid, and alternative compensation revenue for the
Crosswinds school based on the October 1, 2013, enrollment counts at that site.
new text end
new text begin Subd. 3. new text end
new text begin Title 1 funding. new text end
new text begin
To the extent possible, the Department of Education
must qualify the Crosswinds school for Title 1, and, if applicable, other federal funding
as if the program were still operated by Joint Powers District No. 6067, East Metro
Integration District.
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. 21. new text begin LEASE LEVY; TRANSPORTATION HUB FOR ROSEMOUNT-APPLE
VALLEY-EAGAN SCHOOL DISTRICT.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 126C.40, subdivision 1, Independent
School District No. 196, Rosemount-Apple Valley-Eagan, may lease a transportation
hub under Minnesota Statutes, section 126C.40, subdivision 1. Levy authority under
this section shall not exceed the total levy authority under Minnesota Statutes, section
126C.40, subdivision 1, paragraph (e).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2015 and later.
new text end
Sec. 22. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, section 123B.71, subdivision 1,
new text end
new text begin
is repealed.
new text end
ARTICLE 20
NUTRITION
Section 1.
Minnesota Statutes 2013 Supplement, section 124D.111, subdivision 1,
is amended to read:
Subdivision 1.
School lunch aid computation.
Each school year, the state must
pay participants in the national school lunch program the amount of 12.5 cents for each
full paiddeleted text begin , reduced-price,deleted text end and free student lunch new text begin and 52.5 cents for each reduced-price
lunch new text end served to students.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 2.
Minnesota Statutes 2012, section 124D.111, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin No fees. new text end
new text begin
A participant that receives school lunch aid under this section
must make lunch available without charge to all participating students who qualify for
free or reduced-price meals. The participant must also ensure that any reminders for
payment of outstanding student meal balances do not demean or stigmatize any child
participating in the school lunch program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 3.
Laws 2013, chapter 116, article 7, section 21, subdivision 2, is amended to read:
Subd. 2.
School lunch.
For school lunch aid according to Minnesota Statutes,
section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
| $ |
deleted text begin
13,032,000 deleted text end new text begin 12,417,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
13,293,000 deleted text end new text begin 16,185,000 new text end |
..... |
2015 |
ARTICLE 21
EARLY EDUCATION, COMMUNITY EDUCATION, SELF-SUFFICIENCY
AND LIFELONG LEARNING
Section 1.
Minnesota Statutes 2012, section 121A.19, is amended to read:
121A.19 DEVELOPMENTAL SCREENING AID.
Each school year, the state must pay a district for each child or student screened by
the district according to the requirements of section 121A.17. The amount of state aid
for each child or student screened shall be: (1) deleted text begin $75deleted text end new text begin $80new text end for a child screened at age three;
(2) deleted text begin $50deleted text end new text begin $55new text end for a child screened at age four; (3) $40 for a child screened at age five or
six prior to kindergarten; and (4) $30 for a student screened within 30 days after first
enrolling in a public school kindergarten if the student has not previously been screened
according to the requirements of section 121A.17. If this amount of aid is insufficient,
the district may permanently transfer from the general fund an amount that, when added
to the aid, is sufficient. Developmental screening aid shall not be paid for any student
who is screened more than 30 days after the first day of attendance at a public school
kindergarten, except if a student transfers to another public school kindergarten within
30 days after first enrolling in a Minnesota public school kindergarten program. In this
case, if the student has not been screened, the district to which the student transfers may
receive developmental screening aid for screening that student when the screening is
performed within 30 days of the transfer date.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for state aid for fiscal year 2015
and later.
new text end
Sec. 2.
Minnesota Statutes 2012, section 124D.16, subdivision 2, is amended to read:
Subd. 2.
Amount of aid.
(a) A district is eligible to receive school readiness aid
for eligible prekindergarten pupils enrolled in a school readiness program under section
124D.15 if the biennial plan required by section 124D.15, subdivision 3a, has been
approved by the commissioner.
(b) deleted text begin For fiscal year 2002 and thereafter,deleted text end A district must receive school readiness aid
equal to:
(1) the number of four-year-old children in the district on October 1 for the previous
school year times the ratio of 50 percent of the total school readiness aid for that year to
the total number of four-year-old children reported to the commissioner for the previous
school year; plus
(2) the number of pupils enrolled in the school district from families eligible for the
free or reduced school lunch program for the previous school year times the ratio of
50 percent of the total school readiness aid for that year to the total number of pupils
in the state from families eligible for the free or reduced school lunch program for the
previous school year.
new text begin
(c) For fiscal year 2015 and later, total school readiness aid equals $12,000,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for state aid for fiscal year 2015
and later.
new text end
Sec. 3.
Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 5, is
amended to read:
Subd. 5.
Report required.
The commissioner shall contract with an independent
contractor to evaluate the early learning scholarship program. The evaluation must
include recommendations regarding the appropriate scholarship amount, efficiency, and
effectiveness of the administration, and impact on kindergarten readiness.new text begin By January
15, 2016, the commissioner shall submit a written copy of the evaluation to the chairs
and ranking minority members of the legislative committees and divisions with primary
jurisdiction over kindergarten through grade 12 education.
new text end
Sec. 4.
Minnesota Statutes 2012, section 124D.522, is amended to read:
124D.522 ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE
GRANTS.
(a) The commissioner, in consultation with the policy review task force under
section 124D.521, may make grants to nonprofit organizations to provide services that
are not offered by a district adult basic education program or that are supplemental to
either the statewide adult basic education program, or a district's adult basic education
program. The commissioner may make grants for: staff development for adult basic
education teachers and administrators; training for volunteer tutors; training, services, and
materials for serving disabled students through adult basic education programs; statewide
promotion of adult basic education services and programs; development and dissemination
of instructional and administrative technology for adult basic education programs;
programs which primarily serve communities of color; adult basic education distance
learning projects, including television instruction programs; and other supplemental
services to support the mission of adult basic education and innovative delivery of adult
basic education services.
(b) The commissioner must establish eligibility criteria and grant application
procedures. Grants under this section must support services throughout the state, focus on
educational results for adult learners, and promote outcome-based achievement through
adult basic education programs. Beginning in fiscal year 2002, the commissioner may
make grants under this section from the state total adult basic education aid set aside for
supplemental service grants under section 124D.531. Up to one-fourth of the appropriation
for supplemental service grants must be used for grants for adult basic education programs
to encourage and support innovations in adult basic education instruction and service
delivery. A grant to a single organization cannot exceed deleted text begin 20deleted text end new text begin 40new text end percent of the total
supplemental services aid. Nothing in this section prevents an approved adult basic
education program from using state or federal aid to purchase supplemental services.
Sec. 5.
Minnesota Statutes 2013 Supplement, section 124D.531, subdivision 1, is
amended to read:
Subdivision 1.
State total adult basic education aid.
(a) The state total adult basic
education aid for fiscal year 2011 equals $44,419,000, plus any amount that is not paid
during the previous fiscal year as a result of adjustments under subdivision 4, paragraph
(a), or section 124D.52, subdivision 3. The state total adult basic education aid for later
fiscal years equals:
(1) the state total adult basic education aid for the preceding fiscal year plus any
amount that is not paid for during the previous fiscal year, as a result of adjustments under
subdivision 4, paragraph (a), or section 124D.52, subdivision 3; times
(2) the lesser of:
(i) deleted text begin 1.025deleted text end new text begin 1.03new text end ; or
(ii) the average growth in state total contact hours over the prior ten program years.
deleted text begin Beginning in fiscal year 2002, twodeleted text end new text begin Threenew text end percent of the state total adult basic
education aid must be set aside for adult basic education supplemental service grants
under section 124D.522.
(b) The state total adult basic education aid, excluding basic population aid, equals
the difference between the amount computed in paragraph (a), and the state total basic
population aid under subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2015
and later.
new text end
Sec. 6.
Minnesota Statutes 2012, section 124D.531, subdivision 3, is amended to read:
Subd. 3.
Program revenue.
Adult basic education programs established under
section 124D.52 and approved by the commissioner are eligible for revenue under this
subdivision. For fiscal year 2001 and later, adult basic education revenue for each
approved program equals the sum of:
(1) the basic population aid under subdivision 2 for districts participating in the
program during the current program year; plus
(2) 84 percent times the amount computed in subdivision 1, paragraph (b), times the
ratio of the contact hours for students participating in the program during the first prior
program year to the state total contact hours during the first prior program year; plus
(3) eight percent times the amount computed in subdivision 1, paragraph (b), times
the ratio of the enrollment of English learners during the second prior school year in
districts participating in the program during the current program year to the state total
enrollment of English learners during the second prior school year in districts participating
in adult basic education programs during the current program year; plus
(4) eight percent times the amount computed in subdivision 1, paragraph (b), times
the ratio of the latest federal census count of the number of adults aged deleted text begin 20deleted text end new text begin 25new text end or older
with no diploma residing in the districts participating in the program during the current
program year to the latest federal census count of the state total number of adults aged deleted text begin 20
deleted text end new text begin 25new text end or older with no diploma residing in the districts participating in adult basic education
programs during the current program year.
Sec. 7.
Laws 2013, chapter 116, article 8, section 5, subdivision 2, is amended to read:
Subd. 2.
School readiness.
For revenue for school readiness programs under
Minnesota Statutes, sections 124D.15 and 124D.16:
| $ |
deleted text begin
10,095,000 deleted text end new text begin 10,458,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
10,159,000 deleted text end new text begin 11,809,000 new text end |
..... |
2015 |
The 2014 appropriation includes $1,372,000 for 2013 and deleted text begin $8,723,000deleted text end new text begin $9,086,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $1,372,000deleted text end new text begin $1,009,000new text end for 2014 and deleted text begin $8,787,000
deleted text end new text begin $10,800,000new text end for 2015.
Sec. 8.
Laws 2013, chapter 116, article 8, section 5, subdivision 4, is amended to read:
Subd. 4.
Health and developmental screening aid.
For health and developmental
screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
| $ |
3,421,000 |
..... |
2014 |
|
| $ |
deleted text begin
3,344,000 deleted text end new text begin 3,569,000 new text end |
..... |
2015 |
The 2014 appropriation includes $474,000 for 2013 and $2,947,000 for 2014.
The 2015 appropriation includes $463,000 for 2014 and deleted text begin $2,881,000deleted text end new text begin $3,106,000
new text end for 2015.
Sec. 9.
Laws 2013, chapter 116, article 8, section 5, subdivision 14, is amended to read:
Subd. 14.
Adult basic education aid.
For adult basic education aid under
Minnesota Statutes, section 124D.531:
| $ |
deleted text begin
47,005,000 deleted text end new text begin 48,782,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
48,145,000 deleted text end new text begin 48,415,000 new text end |
..... |
2015 |
The 2014 appropriation includes $6,284,000 for 2013 and deleted text begin $40,721,000deleted text end new text begin $42,498,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $6,409,000deleted text end new text begin $4,722,000new text end for 2014 and deleted text begin $41,736,000
deleted text end new text begin $43,693,000new text end for 2015.
Sec. 10. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Northside Achievement Zone. new text end
new text begin
(a) For a grant to the Northside
Achievement Zone:
new text end
|
new text begin
$ new text end |
new text begin
1,132,000 new text end |
new text begin
..... new text end |
new text begin
2015 new text end |
new text begin
(b) Funds appropriated in this subdivision are to reduce multigenerational poverty
and the educational achievement gap through increased enrollment of families within
the zone, and may be used for Northside Achievement Zone programming and services
consistent with federal Promise Neighborhood program agreements and requirements.
new text end
new text begin
(c) The Northside Achievement Zone shall submit a report by October 1, 2015, to
the chairs of the legislative committees with jurisdiction over early childhood through
grade 12 education policy and finance that, at a minimum, summarizes program activities,
specifies performance measures, and analyzes program outcomes.
new text end
new text begin
(d) The base appropriation for fiscal years 2016 and 2017 is $1,132,000 for each year.
new text end
new text begin Subd. 3. new text end
new text begin St. Paul Promise Neighborhood. new text end
new text begin
(a) For a grant to the St. Paul Promise
Neighborhood:
new text end
|
new text begin
$ new text end |
new text begin
1,132,000 new text end |
new text begin
..... new text end |
new text begin
2015 new text end |
new text begin
(b) Funds appropriated in this subdivision are to reduce multigenerational poverty
and the educational achievement gap through increased enrollment of families within the
zone, and may be used for St. Paul Promise Neighborhood programming and services
consistent with federal Promise Neighborhood program agreements and requirements.
new text end
new text begin
(c) The St. Paul Promise Neighborhood shall submit a report by October 1, 2015, to
the chairs of the legislative committees with jurisdiction over early childhood through
grade 12 education policy and finance that, at a minimum, summarizes program activities,
specifies performance measures, and analyzes program outcomes.
new text end
new text begin
(d) The base appropriation for fiscal years 2016 and 2017 is $1,132,000 for each year.
new text end
ARTICLE 22
STATE AGENCIES
Section 1.
Laws 2013, chapter 116, article 9, section 1, subdivision 2, is amended to read:
Subd. 2.
Department.
(a) For the Department of Education:
| $ |
20,058,000 |
..... |
2014 |
|
| $ |
deleted text begin
19,308,000 deleted text end new text begin 19,716,000 new text end |
..... |
2015 |
Any balance in the first year does not cancel but is available in the second year.
(b) $260,000 each year is for the Minnesota Children's Museum.
(c) $41,000 each year is for the Minnesota Academy of Science.
(d) $50,000 each year is for the Duluth Children's Museum.
(e) $618,000 deleted text begin eachdeleted text end new text begin in fiscal year 2014 and $718,000 in fiscalnew text end year deleted text begin isdeleted text end new text begin 2015 only are
new text end for the Board of Teaching. Any balance in the first year does not cancel but is available
in the second year.
(f) $167,000 deleted text begin eachdeleted text end new text begin in fiscal year 2014 and $225,000 in fiscalnew text end year deleted text begin isdeleted text end new text begin 2015 arenew text end for
the Board of School Administrators. Any balance in the first year does not cancel but
is available in the second year.
(g) new text begin $75,000 in fiscal year 2015 only is for The Works Museum.
new text end
new text begin
(h) $50,000 in fiscal year 2015 only is for a grant to the Headwaters Science Center
for hands-on science, technology, engineering, and math (STEM) education.
new text end
new text begin
(i) $25,000 each year is for innovation pilot grants under Laws 2012, chapter 263,
section 1.
new text end
new text begin (j) new text end The expenditures of federal grants and aids as shown in the biennial budget
document and its supplements are approved and appropriated and shall be spent as
indicated.
deleted text begin (h)deleted text end new text begin (k)new text end None of the amounts appropriated under this subdivision may be used for
Minnesota's Washington, D.C. office.
deleted text begin (i)deleted text end new text begin (l)new text end $250,000 each year is for the School Finance Division to enhance financial
data analysis.
deleted text begin (j)deleted text end new text begin (m)new text end $750,000 in fiscal year 2014 only is for departmental costs associated with
teacher development and evaluation. Any balance in the first year does not cancel and
is available in the second year.
Sec. 2.
Laws 2013, chapter 116, article 9, section 2, is amended to read:
Sec. 2. APPROPRIATIONS; MINNESOTA STATE ACADEMIES.
The sums indicated in this section are appropriated from the general fund to the
Minnesota State Academies for the Deaf and the Blind for the fiscal years designated:
| $ |
11,749,000 |
..... |
2014 |
|
| $ |
deleted text begin
11,664,000 deleted text end new text begin 11,964,000 new text end |
..... |
2015 |
$85,000 of the fiscal year 2014 appropriation is for costs associated with upgrading
kitchen facilities. Any balance in the first year does not cancel but is available in the
second year.
Sec. 3. new text begin APPROPRIATION; RESPONSES TO HEALTH INSURANCE
TRANSPARENCY ACT BID REQUESTS.
new text end
new text begin
(a) $294,000 is appropriated for fiscal year 2015 from the general fund to the
commissioner of management and budget to comply with the requirements relating to
health insurance transparency similar to those proposed in House File 2180, if enacted in
the 2014 regular legislative session. This is a onetime appropriation.
new text end
new text begin
(b) If a bill meeting the requirements of paragraph (a) is enacted, the commissioner
of management and budget shall report by January 15, 2015, to the legislative chairs
and ranking minority members with jurisdiction over state government finance on the
ongoing costs incurred by the public employees insurance program in compliance with
the requirements of the health insurance transparency act and may request additional
appropriations, if necessary.
new text end
ARTICLE 23
FORECAST ADJUSTMENTS
A. GENERAL EDUCATION
Section 1.
Laws 2013, chapter 116, article 1, section 58, subdivision 3, is amended to
read:
Subd. 3.
Enrollment options transportation.
For transportation of pupils attending
postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
| $ |
deleted text begin
44,000 deleted text end new text begin 37,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
48,000 deleted text end new text begin 40,000 new text end |
..... |
2015 |
Sec. 2.
Laws 2013, chapter 116, article 1, section 58, subdivision 4, is amended to read:
Subd. 4.
Abatement revenue.
For abatement aid under Minnesota Statutes, section
127A.49:
| $ |
deleted text begin
2,747,000 deleted text end new text begin 2,876,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
3,136,000 deleted text end new text begin 3,103,000 new text end |
..... |
2015 |
The 2014 appropriation includes $301,000 for 2013 and deleted text begin $2,446,000deleted text end new text begin $2,575,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $385,000deleted text end new text begin $286,000new text end for 2014 and deleted text begin $2,751,000
deleted text end new text begin $2,817,000new text end for 2015.
Sec. 3.
Laws 2013, chapter 116, article 1, section 58, subdivision 5, is amended to read:
Subd. 5.
Consolidation transition.
For districts consolidating under Minnesota
Statutes, section 123A.485:
| $ |
deleted text begin
472,000 deleted text end new text begin 585,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
480,000 deleted text end new text begin 254,000 new text end |
..... |
2015 |
The 2014 appropriation includes $40,000 for 2013 and deleted text begin $432,000deleted text end new text begin $545,000new text end for 2014.
The 2015 appropriation includes deleted text begin $68,000deleted text end new text begin $60,000new text end for 2014 and deleted text begin $412,000deleted text end new text begin $194,000
new text end for 2015.
Sec. 4.
Laws 2013, chapter 116, article 1, section 58, subdivision 6, is amended to read:
Subd. 6.
Nonpublic pupil education aid.
For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:
| $ |
deleted text begin
15,582,000 deleted text end new text begin 16,068,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
16,169,000 deleted text end new text begin 16,074,000 new text end |
..... |
2015 |
The 2014 appropriation includes $2,099,000 for 2013 and deleted text begin $13,483,000deleted text end new text begin $13,969,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $2,122,000deleted text end new text begin $1,552,000new text end for 2014 and deleted text begin $14,047,000
deleted text end new text begin $14,522,000new text end for 2015.
Sec. 5.
Laws 2013, chapter 116, article 1, section 58, subdivision 7, is amended to read:
Subd. 7.
Nonpublic pupil transportation.
For nonpublic pupil transportation aid
under Minnesota Statutes, section 123B.92, subdivision 9:
| $ |
deleted text begin
18,565,000 deleted text end new text begin 18,566,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
18,946,000 deleted text end new text begin 17,646,000 new text end |
..... |
2015 |
The 2014 appropriation includes $2,668,000 for 2013 and deleted text begin $15,897,000deleted text end new text begin $15,898,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $2,502,000deleted text end new text begin $1,766,000new text end for 2014 and deleted text begin $16,444,000
deleted text end new text begin $15,880,000new text end for 2015.
Sec. 6.
Laws 2013, chapter 116, article 1, section 58, subdivision 11, is amended to read:
Subd. 11.
Career and technical aid.
For career and technical aid under Minnesota
Statutes, section 124D.4531, subdivision 1b:
| $ |
deleted text begin
4,320,000 deleted text end new text begin 3,959,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
5,680,000 deleted text end new text begin 5,172,000 new text end |
..... |
2015 |
The 2014 appropriation includes $0 for 2014 and deleted text begin $4,320,000deleted text end new text begin $3,959,000new text end for 2015.
The 2015 appropriation includes deleted text begin $680,000deleted text end new text begin $439,000new text end for 2014 and deleted text begin $5,000,000
deleted text end new text begin $4,733,000new text end for 2015.
B. EDUCATION EXCELLENCE
Sec. 7.
Laws 2013, chapter 116, article 3, section 37, subdivision 3, is amended to read:
Subd. 3.
Achievement and integration aid.
For achievement and integration aid
under Minnesota Statutes, section 124D.862:
| $ |
deleted text begin
58,911,000 deleted text end new text begin 55,609,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
68,623,000 deleted text end new text begin 62,692,000 new text end |
..... |
2015 |
The 2014 appropriation includes $0 for 2013 and deleted text begin $58,911,000deleted text end new text begin $55,609,000new text end for 2014.
The 2015 appropriation includes deleted text begin $9,273,000deleted text end new text begin $6,178,000new text end for 2014 and deleted text begin $59,350,000
deleted text end new text begin $56,514,000new text end for 2015.
Sec. 8.
Laws 2013, chapter 116, article 3, section 37, subdivision 4, is amended to read:
Subd. 4.
Literacy incentive aid.
For literacy incentive aid under Minnesota
Statutes, section 124D.98:
| $ |
deleted text begin
52,514,000 deleted text end new text begin 50,998,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
53,818,000 deleted text end new text begin 47,458,000 new text end |
..... |
2015 |
The 2014 appropriation includes $6,607,000 for 2013 and deleted text begin $45,907,000deleted text end new text begin $44,391,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $7,225,000deleted text end new text begin $4,932,000new text end for 2014 and deleted text begin $46,593,000
deleted text end new text begin $42,526,000new text end for 2015.
Sec. 9.
Laws 2013, chapter 116, article 3, section 37, subdivision 5, is amended to read:
Subd. 5.
Interdistrict desegregation or integration transportation grants.
For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:
| $ |
deleted text begin
13,968,000 deleted text end new text begin 13,521,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
14,712,000 deleted text end new text begin 14,248,000 new text end |
..... |
2015 |
Sec. 10.
Laws 2013, chapter 116, article 3, section 37, subdivision 6, is amended to read:
Subd. 6.
Success for the future.
For American Indian success for the future grants
under Minnesota Statutes, section 124D.81:
| $ |
deleted text begin
2,137,000 deleted text end new text begin 2,214,000 new text end |
..... |
2014 |
|
| $ |
2,137,000 |
..... |
2015 |
The 2014 appropriation includes $290,000 for 2013 and deleted text begin $1,847,000deleted text end new text begin $1,924,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $290,000deleted text end new text begin $213,000new text end for 2014 and deleted text begin $1,847,000
deleted text end new text begin $1,924,000new text end for 2015.
Sec. 11.
Laws 2013, chapter 116, article 3, section 37, subdivision 8, is amended to read:
Subd. 8.
Tribal contract schools.
For tribal contract school aid under Minnesota
Statutes, section 124D.83:
| $ |
deleted text begin
2,080,000 deleted text end new text begin 2,144,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
2,230,000 deleted text end new text begin 2,152,000 new text end |
..... |
2015 |
The 2014 appropriation includes $266,000 for 2013 and deleted text begin $1,814,000deleted text end new text begin $1,878,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $285,000deleted text end new text begin $208,000new text end for 2014 and deleted text begin $1,945,000
deleted text end new text begin $1,944,000new text end for 2015.
Sec. 12.
Laws 2013, chapter 116, article 3, section 37, subdivision 20, is amended to
read:
Subd. 20.
Alternative compensation.
For alternative teacher compensation aid
under Minnesota Statutes, section 122A.415, subdivision 4:
| $ |
deleted text begin
60,340,000 deleted text end new text begin 71,599,000 new text end |
..... |
2015 |
The 2015 appropriation includes $0 for 2014 and deleted text begin $59,711,000deleted text end new text begin $71,599,000new text end for 2015.
C. CHARTER SCHOOLS
Sec. 13.
Laws 2013, chapter 116, article 4, section 9, subdivision 2, is amended to read:
Subd. 2.
Charter school building lease aid.
For building lease aid under Minnesota
Statutes, section 124D.11, subdivision 4:
| $ |
deleted text begin
54,484,000 deleted text end new text begin 54,763,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
59,533,000 deleted text end new text begin 58,294,000 new text end |
..... |
2015 |
The 2014 appropriation includes $6,819,000 for 2013 and deleted text begin $47,665,000deleted text end new text begin $47,944,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $7,502,000deleted text end new text begin $5,327,000new text end for 2014 and deleted text begin $52,031,000
deleted text end new text begin $52,967,000new text end for 2015.
D. SPECIAL PROGRAMS
Sec. 14.
Laws 2013, chapter 116, article 5, section 31, subdivision 2, is amended to read:
Subd. 2.
Special education; regular.
For special education aid under Minnesota
Statutes, section 125A.75:
| $ |
deleted text begin
997,725,000 deleted text end new text begin 1,038,514,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
1,108,211,000 deleted text end new text begin 1,111,641,000 new text end |
..... |
2015 |
The 2014 appropriation includes $118,232,000 for 2013 and deleted text begin $802,884,000
deleted text end new text begin $920,282,000new text end for 2014.
The 2015 appropriation includes deleted text begin $169,929,000deleted text end new text begin $129,549,000new text end for 2014 and
deleted text begin $938,282,000deleted text end new text begin $982,092,000new text end for 2015.
Sec. 15.
Laws 2013, chapter 116, article 5, section 31, subdivision 3, is amended to read:
Subd. 3.
Aid for children with disabilities.
For aid under Minnesota Statutes,
section 125A.75, subdivision 3, for children with disabilities placed in residential facilities
within the district boundaries for whom no district of residence can be determined:
| $ |
deleted text begin
1,655,000 deleted text end new text begin 1,548,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
1,752,000 deleted text end new text begin 1,674,000 new text end |
..... |
2015 |
If the appropriation for either year is insufficient, the appropriation for the other
year is available.
Sec. 16.
Laws 2013, chapter 116, article 5, section 31, subdivision 4, is amended to read:
Subd. 4.
Travel for home-based services.
For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:
| $ |
deleted text begin
345,000 deleted text end new text begin 351,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
355,000 deleted text end new text begin 346,000 new text end |
..... |
2015 |
The 2014 appropriation includes $45,000 for 2013 and deleted text begin $300,000deleted text end new text begin $306,000new text end for 2014.
The 2015 appropriation includes deleted text begin $47,000deleted text end new text begin $33,000new text end for 2014 and deleted text begin $308,000deleted text end new text begin $313,000
new text end for 2015.
E. FACILITIES AND TECHNOLOGY
Sec. 17.
Laws 2013, chapter 116, article 6, section 12, subdivision 2, is amended to read:
Subd. 2.
Health and safety revenue.
For health and safety aid according to
Minnesota Statutes, section 123B.57, subdivision 5:
| $ |
deleted text begin
463,000 deleted text end new text begin 473,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
434,000 deleted text end new text begin 651,000 new text end |
..... |
2015 |
The 2014 appropriation includes $26,000 for 2013 and deleted text begin $437,000deleted text end new text begin $447,000new text end for 2014.
The 2015 appropriation includes deleted text begin $68,000deleted text end new text begin $49,000new text end for 2014 and deleted text begin $366,000deleted text end new text begin $602,000
new text end for 2015.
Sec. 18.
Laws 2013, chapter 116, article 6, section 12, subdivision 3, is amended to read:
Subd. 3.
Debt service equalization.
For debt service aid according to Minnesota
Statutes, section 123B.53, subdivision 6:
| $ |
deleted text begin
19,083,000 deleted text end new text begin 19,778,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
25,060,000 deleted text end new text begin 22,591,000 new text end |
..... |
2015 |
The 2014 appropriation includes $2,397,000 for 2013 and deleted text begin $16,686,000deleted text end new text begin $17,381,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $2,626,000deleted text end new text begin $1,931,000new text end for 2014 and deleted text begin $22,434,000
deleted text end new text begin $20,660,000new text end for 2015.
Sec. 19.
Laws 2013, chapter 116, article 6, section 12, subdivision 4, is amended to read:
Subd. 4.
Alternative facilities bonding aid.
For alternative facilities bonding aid,
according to Minnesota Statutes, section 123B.59, subdivision 1:
| $ |
deleted text begin
19,287,000 deleted text end new text begin 19,982,000 new text end |
..... |
2014 |
|
| $ |
19,287,000 |
..... |
2015 |
The 2014 appropriation includes $2,623,000 for 2013 and deleted text begin $16,664,000deleted text end new text begin $17,359,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $2,623,000deleted text end new text begin $1,928,000new text end for 2014 and deleted text begin $16,664,000
deleted text end new text begin $17,359,000new text end for 2015.
Sec. 20.
Laws 2013, chapter 116, article 6, section 12, subdivision 6, is amended to read:
Subd. 6.
Deferred maintenance aid.
For deferred maintenance aid, according to
Minnesota Statutes, section 123B.591, subdivision 4:
| $ |
deleted text begin
3,564,000 deleted text end new text begin 3,858,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
3,730,000 deleted text end new text begin 4,024,000 new text end |
..... |
2015 |
The 2014 appropriation includes $456,000 for 2013 and deleted text begin $3,108,000deleted text end new text begin $3,402,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $489,000deleted text end new text begin $378,000new text end for 2014 and deleted text begin $3,241,000
deleted text end new text begin $3,646,000new text end for 2015.
F. NUTRITION AND LIBRARIES
Sec. 21.
Laws 2013, chapter 116, article 7, section 21, subdivision 3, is amended to read:
Subd. 3.
School breakfast.
For traditional school breakfast aid under Minnesota
Statutes, section 124D.1158:
| $ |
deleted text begin
5,711,000 deleted text end new text begin 5,308,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
6,022,000 deleted text end new text begin 5,607,000 new text end |
..... |
2015 |
Sec. 22.
Laws 2013, chapter 116, article 7, section 21, subdivision 4, is amended to read:
Subd. 4.
Kindergarten milk.
For kindergarten milk aid under Minnesota Statutes,
section 124D.118:
| $ |
deleted text begin
1,039,000 deleted text end new text begin 992,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
1,049,000 deleted text end new text begin 1,002,000 new text end |
..... |
2015 |
Sec. 23.
Laws 2013, chapter 116, article 7, section 21, subdivision 6, is amended to read:
Subd. 6.
Basic system support.
For basic system support grants under Minnesota
Statutes, section 134.355:
| $ |
deleted text begin
13,570,000 deleted text end new text begin 14,058,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
13,570,000 deleted text end new text begin 13,570,000 new text end |
..... |
2015 |
The 2014 appropriation includes $1,845,000 for 2013 and deleted text begin $11,725,000deleted text end new text begin $12,213,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $1,845,000deleted text end new text begin $1,357,000new text end for 2014 and deleted text begin $11,725,000
deleted text end new text begin $12,213,000new text end for 2015.
Sec. 24.
Laws 2013, chapter 116, article 7, section 21, subdivision 7, is amended to read:
Subd. 7.
Multicounty, multitype library systems.
For grants under Minnesota
Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:
| $ |
deleted text begin
1,300,000 deleted text end new text begin 1,346,000 new text end |
..... |
2014 |
|
| $ |
1,300,000 |
..... |
2015 |
The 2014 appropriation includes $176,000 for 2013 and deleted text begin $1,124,000deleted text end new text begin $1,170,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $176,000deleted text end new text begin $130,000new text end for 2014 and deleted text begin $1,124,000
deleted text end new text begin $1,170,000new text end for 2015.
Sec. 25.
Laws 2013, chapter 116, article 7, section 21, subdivision 9, is amended to read:
Subd. 9.
Regional library telecommunications aid.
For regional library
telecommunications aid under Minnesota Statutes, section 134.355:
| $ |
deleted text begin
2,300,000 deleted text end new text begin 2,382,000 new text end |
..... |
2014 |
|
| $ |
2,300,000 |
..... |
2015 |
The 2014 appropriation includes $312,000 for 2013 and deleted text begin $1,988,000deleted text end new text begin $2,070,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $312,000deleted text end new text begin $230,000new text end for 2014 and deleted text begin $1,988,000
deleted text end new text begin $2,070,000new text end for 2015.
G. EARLY CHILDHOOD EDUCATION, SELF-SUFFICIENCY,
AND LIFELONG LEARNING
Sec. 26.
Laws 2013, chapter 116, article 8, section 5, subdivision 3, is amended to read:
Subd. 3.
Early childhood family education aid.
For early childhood family
education aid under Minnesota Statutes, section 124D.135:
| $ |
deleted text begin
22,078,000 deleted text end new text begin 22,797,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
22,425,000 deleted text end new text begin 22,001,000 new text end |
..... |
2015 |
The 2014 appropriation includes $3,008,000 for 2013 and deleted text begin $19,070,000deleted text end new text begin $19,789,000
new text end for 2014.
The 2015 appropriation includes deleted text begin $3,001,000deleted text end new text begin $2,198,000new text end for 2014 and deleted text begin $19,424,000
deleted text end new text begin $19,803,000new text end for 2015.
Sec. 27.
Laws 2013, chapter 116, article 8, section 5, subdivision 10, is amended to read:
Subd. 10.
Community education aid.
For community education aid under
Minnesota Statutes, section 124D.20:
| $ |
deleted text begin
935,000 deleted text end new text begin 955,000 new text end |
..... |
2014 |
|
| $ |
deleted text begin
1,056,000 deleted text end new text begin 1,060,000 new text end |
..... |
2015 |
The 2014 appropriation includes $118,000 for 2013 and deleted text begin $817,000deleted text end new text begin $837,000new text end for 2014.
The 2015 appropriation includes deleted text begin $128,000deleted text end new text begin $93,000new text end for 2014 and deleted text begin $928,000deleted text end new text begin $967,000
new text end for 2015.
Sec. 28.
Laws 2013, chapter 116, article 8, section 5, subdivision 11, is amended to read:
Subd. 11.
Adults with disabilities program aid.
For adults with disabilities
programs under Minnesota Statutes, section 124D.56:
| $ |
deleted text begin
710,000 deleted text end new text begin 735,000 new text end |
..... |
2014 |
|
| $ |
710,000 |
..... |
2015 |
The 2014 appropriation includes $96,000 for 2013 and deleted text begin $614,000deleted text end new text begin $639,000new text end for 2014.
The 2015 appropriation includes deleted text begin $96,000deleted text end new text begin $71,000new text end for 2014 and deleted text begin $614,000deleted text end new text begin $639,000
new text end for 2015.
HEALTH AND HUMAN SERVICES
ARTICLE 24
HEALTH DEPARTMENT
Section 1.
Minnesota Statutes 2012, section 144.551, subdivision 1, is amended to read:
Subdivision 1.
Restricted construction or modification.
(a) The following
construction or modification may not be commenced:
(1) any erection, building, alteration, reconstruction, modernization, improvement,
extension, lease, or other acquisition by or on behalf of a hospital that increases the bed
capacity of a hospital, relocates hospital beds from one physical facility, complex, or site
to another, or otherwise results in an increase or redistribution of hospital beds within
the state; and
(2) the establishment of a new hospital.
(b) This section does not apply to:
(1) construction or relocation within a county by a hospital, clinic, or other health
care facility that is a national referral center engaged in substantial programs of patient
care, medical research, and medical education meeting state and national needs that
receives more than 40 percent of its patients from outside the state of Minnesota;
(2) a project for construction or modification for which a health care facility held
an approved certificate of need on May 1, 1984, regardless of the date of expiration of
the certificate;
(3) a project for which a certificate of need was denied before July 1, 1990, if a
timely appeal results in an order reversing the denial;
(4) a project exempted from certificate of need requirements by Laws 1981, chapter
200, section 2;
(5) a project involving consolidation of pediatric specialty hospital services within
the Minneapolis-St. Paul metropolitan area that would not result in a net increase in the
number of pediatric specialty hospital beds among the hospitals being consolidated;
(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds
to an existing licensed hospital that will allow for the reconstruction of a new philanthropic,
pediatric-orthopedic hospital on an existing site and that will not result in a net increase in
the number of hospital beds. Upon completion of the reconstruction, the licenses of both
hospitals must be reinstated at the capacity that existed on each site before the relocation;
(7) the relocation or redistribution of hospital beds within a hospital building or
identifiable complex of buildings provided the relocation or redistribution does not result
in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds
from one physical site or complex to another; or (iii) redistribution of hospital beds within
the state or a region of the state;
(8) relocation or redistribution of hospital beds within a hospital corporate system
that involves the transfer of beds from a closed facility site or complex to an existing site
or complex provided that: (i) no more than 50 percent of the capacity of the closed facility
is transferred; (ii) the capacity of the site or complex to which the beds are transferred
does not increase by more than 50 percent; (iii) the beds are not transferred outside of a
federal health systems agency boundary in place on July 1, 1983; and (iv) the relocation or
redistribution does not involve the construction of a new hospital building;
(9) a construction project involving up to 35 new beds in a psychiatric hospital in
Rice County that primarily serves adolescents and that receives more than 70 percent of its
patients from outside the state of Minnesota;
(10) a project to replace a hospital or hospitals with a combined licensed capacity
of 130 beds or less if: (i) the new hospital site is located within five miles of the current
site; and (ii) the total licensed capacity of the replacement hospital, either at the time of
construction of the initial building or as the result of future expansion, will not exceed 70
licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;
(11) the relocation of licensed hospital beds from an existing state facility operated
by the commissioner of human services to a new or existing facility, building, or complex
operated by the commissioner of human services; from one regional treatment center
site to another; or from one building or site to a new or existing building or site on the
same campus;
(12) the construction or relocation of hospital beds operated by a hospital having a
statutory obligation to provide hospital and medical services for the indigent that does not
result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27
beds, of which 12 serve mental health needs, may be transferred from Hennepin County
Medical Center to Regions Hospital under this clause;
(13) a construction project involving the addition of up to 31 new beds in an existing
nonfederal hospital in Beltrami County;
(14) a construction project involving the addition of up to eight new beds in an
existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;
(15) a construction project involving the addition of 20 new hospital beds
used for rehabilitation services in an existing hospital in Carver County serving the
southwest suburban metropolitan area. Beds constructed under this clause shall not be
eligible for reimbursement under medical assistance, general assistance medical care,
or MinnesotaCare;
(16) a project for the construction or relocation of up to 20 hospital beds for the
operation of up to two psychiatric facilities or units for children provided that the operation
of the facilities or units have received the approval of the commissioner of human services;
(17) a project involving the addition of 14 new hospital beds to be used for
rehabilitation services in an existing hospital in Itasca County;
(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin
County that closed 20 rehabilitation beds in 2002, provided that the beds are used only
for rehabilitation in the hospital's current rehabilitation building. If the beds are used for
another purpose or moved to another location, the hospital's licensed capacity is reduced
by 20 beds;
(19) a critical access hospital established under section 144.1483, clause (9), and
section 1820 of the federal Social Security Act, United States Code, title 42, section
1395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997, Public
Law 105-33, to the extent that the critical access hospital does not seek to exceed the
maximum number of beds permitted such hospital under federal law;
(20) notwithstanding section 144.552, a project for the construction of a new hospital
in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:
(i) the project, including each hospital or health system that will own or control the
entity that will hold the new hospital license, is approved by a resolution of the Maple
Grove City Council as of March 1, 2006;
(ii) the entity that will hold the new hospital license will be owned or controlled by
one or more not-for-profit hospitals or health systems that have previously submitted a
plan or plans for a project in Maple Grove as required under section 144.552, and the
plan or plans have been found to be in the public interest by the commissioner of health
as of April 1, 2005;
(iii) the new hospital's initial inpatient services must include, but are not limited
to, medical and surgical services, obstetrical and gynecological services, intensive
care services, orthopedic services, pediatric services, noninvasive cardiac diagnostics,
behavioral health services, and emergency room services;
(iv) the new hospital:
(A) will have the ability to provide and staff sufficient new beds to meet the growing
needs of the Maple Grove service area and the surrounding communities currently being
served by the hospital or health system that will own or control the entity that will hold
the new hospital license;
(B) will provide uncompensated care;
(C) will provide mental health services, including inpatient beds;
(D) will be a site for workforce development for a broad spectrum of
health-care-related occupations and have a commitment to providing clinical training
programs for physicians and other health care providers;
(E) will demonstrate a commitment to quality care and patient safety;
(F) will have an electronic medical records system, including physician order entry;
(G) will provide a broad range of senior services;
(H) will provide emergency medical services that will coordinate care with regional
providers of trauma services and licensed emergency ambulance services in order to
enhance the continuity of care for emergency medical patients; and
(I) will be completed by December 31, 2009, unless delayed by circumstances
beyond the control of the entity holding the new hospital license; and
(v) as of 30 days following submission of a written plan, the commissioner of health
has not determined that the hospitals or health systems that will own or control the entity
that will hold the new hospital license are unable to meet the criteria of this clause;
(21) a project approved under section 144.553;
(22) a project for the construction of a hospital with up to 25 beds in Cass County
within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's
license holder is approved by the Cass County Board;
(23) a project for an acute care hospital in Fergus Falls that will increase the bed
capacity from 108 to 110 beds by increasing the rehabilitation bed capacity from 14 to 16
and closing a separately licensed 13-bed skilled nursing facility; deleted text begin or
deleted text end
(24) notwithstanding section 144.552, a project for the construction and expansion
of a specialty psychiatric hospital in Hennepin County for up to 50 beds, exclusively for
patients who are under 21 years of age on the date of admission. The commissioner
conducted a public interest review of the mental health needs of Minnesota and the Twin
Cities metropolitan area in 2008. No further public interest review shall be conducted for
the construction or expansion project under this clausenew text begin ; or
new text end
new text begin (25) a project for a 16-bed psychiatric hospital in the city of Thief River Falls, if
the commissioner finds the project is in the public interest after the public interest review
conducted under section 144.552 is completenew 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. 2.
new text begin
[144.9513] HEALTHY HOUSING GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section and sections 144.9501 to
144.9512, the following terms have the meanings given.
new text end
new text begin
(a) "Housing" means a room or group of rooms located within a dwelling forming
a single habitable unit with facilities used or intended to be used for living, sleeping,
cooking, and eating.
new text end
new text begin
(b) "Healthy housing" means housing that is sited, designed, built, renovated, and
maintained in ways that supports the health of residents.
new text end
new text begin
(c) "Housing-based health threat" means a chemical, biologic, or physical agent in
the immediate housing environment which constitutes a potential or actual hazard to
human health at acute or chronic exposure levels.
new text end
new text begin
(d) "Primary prevention" means preventing exposure to housing-based health threats
before seeing clinical symptoms or a diagnosis.
new text end
new text begin Subd. 2. new text end
new text begin Grants; administration. new text end
new text begin
Grant applicants shall submit applications to
the commissioner as directed by a request for proposals. Grants must be competitively
awarded and recipients of a grant under this section must prepare and submit a quarterly
progress report to the commissioner beginning three months after receipt of the grant. The
commissioner shall provide technical assistance and program support as needed to ensure
that housing-based health threats are effectively identified, mitigated, and evaluated by
grantees.
new text end
new text begin Subd. 3. new text end
new text begin Education and training grant; eligible activities. new text end
new text begin
(a) Within the limits of
available appropriations, the commissioner shall make grants to nonprofit organizations,
community health boards, and community action agencies under section 256E.31 with
expertise in providing outreach, education, and training on healthy homes subjects and in
providing comprehensive healthy homes assessments and interventions to provide healthy
housing education, training, and technical assistance services for persons engaged in
addressing housing-based health threats and other individuals impacted by housing-based
health threats.
new text end
new text begin
(b) The grantee may conduct the following activities:
new text end
new text begin
(1) implement and maintain primary prevention programs to reduce housing-based
health threats that include the following:
new text end
new text begin
(i) providing education materials to the general public and to property owners,
contractors, code officials, health care providers, public health professionals, health
educators, nonprofit organizations, and other persons and organizations engaged in
housing and health issues;
new text end
new text begin
(ii) promoting awareness of community, legal, and housing resources; and
new text end
new text begin
(iii) promoting the use of hazard reduction measures in new housing construction
and housing rehabilitation programs;
new text end
new text begin
(2) provide training on identifying and addressing housing-based health threats;
new text end
new text begin
(3) provide technical assistance on the implementation of mitigation measures;
new text end
new text begin
(4) promote adoption of evidence-based best practices for mitigation of
housing-based health threats; or
new text end
new text begin
(5) develop work practices for addressing specific housing-based health threats.
new text end
Sec. 3.
new text begin
[144A.484] INTEGRATED LICENSURE; HOME AND
COMMUNITY-BASED SERVICES DESIGNATION.
new text end
new text begin Subdivision 1. new text end
new text begin Integrated licensing established. new text end
new text begin
(a) From January 1, 2014, to June
30, 2015, the commissioner of health shall enforce the home and community-based services
standards under chapter 245D for those providers who also have a home care license
pursuant to chapter 144A as required under Laws 2013, chapter 108, article 11, section 31,
and article 8, section 60. During this period, the commissioner shall provide technical
assistance on how to achieve and maintain compliance with applicable law or rules
governing the provision of home and community-based services, including complying with
the service recipient rights notice in subdivision 4, clause (4). If, during the survey, the
commissioner finds that the licensee has failed to achieve compliance with an applicable
law or rule under chapter 245D and this failure does not imminently endanger the health,
safety, or rights of the persons served by the program, the commissioner may issue a
licensing survey report with recommendations for achieving and maintaining compliance.
new text end
new text begin
(b) Beginning July 1, 2015, a home care provider applicant or license holder may
apply to the commissioner of health for a home and community-based services designation
for the provision of basic home and community-based services identified under section
245D.03, subdivision 1, paragraph (b). The designation allows the license holder to
provide basic home and community-based services that would otherwise require licensure
under chapter 245D, under the license holder's home care license governed by sections
144A.43 to 144A.481.
new text end
new text begin Subd. 2. new text end
new text begin Application for home and community-based services designation. new text end
new text begin
An
application for a home and community-based services designation must be made on the
forms and in the manner prescribed by the commissioner. The commissioner shall provide
the applicant with instruction for completing the application and provide information
about the requirements of other state agencies that affect the applicant. Application for
the home and community-based services designation is subject to the requirements under
section 144A.473.
new text end
new text begin Subd. 3. new text end
new text begin Home and community-based services designation fees. new text end
new text begin
A home care
provider applicant or licensee applying for the home and community-based services
designation or renewal of a home and community-based services designation must submit
a fee in the amount specified in subdivision 8.
new text end
new text begin Subd. 4. new text end
new text begin Applicability of home and community-based services requirements. new text end
new text begin
A
home care provider with a home and community-based services designation must comply
with the requirements for home care services governed by this chapter. For the provision
of basic home and community-based services, the home care provider must also comply
with the following home and community-based services licensing requirements:
new text end
new text begin
(1) person-centered planning requirements in section 245D.07;
new text end
new text begin
(2) protection standards in section 245D.06;
new text end
new text begin
(3) emergency use of manual restraints in section 245D.061; and
new text end
new text begin
(4) service recipient rights in section 245D.04, subdivision 3, paragraph (a), clauses
(5), (7), (8), (12), and (13), and paragraph (b).
new text end
new text begin
A home care provider with the integrated license-HCBS designation may utilize a bill of
rights which incorporates the service recipient rights in section 245D.04, subdivision 3,
paragraph (a), clauses (5), (7), (8), (12), and (13), and paragraph (b) with the home care
bill of rights in section 144A.44.
new text end
new text begin Subd. 5. new text end
new text begin Monitoring and enforcement. new text end
new text begin
(a) The commissioner shall monitor for
compliance with the home and community-based services requirements identified in
subdivision 5, in accordance with this section and any agreements by the commissioners
of health and human services.
new text end
new text begin
(b) The commissioner shall enforce compliance with applicable home and
community-based services licensing requirements as follows:
new text end
new text begin
(1) the commissioner may deny a home and community-based services designation
in accordance with section 144A.473 or 144A.475; and
new text end
new text begin
(2) if the commissioner finds that the applicant or license holder has failed to comply
with the applicable home and community-based services designation requirements the
commissioner may issue:
new text end
new text begin
(i) a correction order in accordance with section 144A.474;
new text end
new text begin
(ii) an order of conditional license in accordance with section 144A.475;
new text end
new text begin
(iii) a sanction in accordance with section 144A.475; or
new text end
new text begin
(iv) any combination of clauses (i) to (iii).
new text end
new text begin Subd. 6. new text end
new text begin Appeals. new text end
new text begin
A home care provider applicant that has been denied a temporary
license will also be denied their application for the home and community-based services
designation. The applicant may request reconsideration in accordance with section
144A.473, subdivision 3. A licensed home care provider whose application for a home
and community-based services designation has been denied or whose designation has been
suspended or revoked may appeal the denial, suspension, revocation, or refusal to renew a
home and community-based services designation in accordance with section 144A.475.
A license holder may request reconsideration of a correction order in accordance with
section 144A.474, subdivision 12.
new text end
new text begin Subd. 7. new text end
new text begin Agreements. new text end
new text begin
The commissioners of health and human services shall enter
into any agreements necessary to implement this section.
new text end
new text begin Subd. 8. new text end
new text begin Fees; home and community-based services designation. new text end
new text begin
(a) The initial
fee for a basic home and community-based services designation is $155. A home care
provider who is seeking to renew the provider's home and community-based services
designation must pay an annual nonrefundable fee with the annual home care license
fee according to the following schedule and based on revenues from the home and
community-based services:
new text end
|
new text begin
Provider Annual Revenue from HCBS new text end |
new text begin
HCBS Designation new text end |
|
new text begin
greater than $1,500,000 new text end |
new text begin
$320 new text end |
|
new text begin
greater than $1,275,000 and no more than $1,500,000 new text end |
new text begin
$300 new text end |
|
new text begin
greater than $1,100,000 and no more than $1,275,000 new text end |
new text begin
$280 new text end |
|
new text begin
greater than $950,000 and no more than $1,100,000 new text end |
new text begin
$260 new text end |
|
new text begin
greater than $850,000 and no more than $950,000 new text end |
new text begin
$240 new text end |
|
new text begin
greater than $750,000 and no more than $850,000 new text end |
new text begin
$220 new text end |
|
new text begin
greater than $650,000 and no more than $750,000 new text end |
new text begin
$200 new text end |
|
new text begin
greater than $550,000 and no more than $650,000 new text end |
new text begin
$180 new text end |
|
new text begin
greater than $450,000 and no more than $550,000 new text end |
new text begin
$160 new text end |
|
new text begin
greater than $350,000 and no more than $450,000 new text end |
new text begin
$140 new text end |
|
new text begin
greater than $250,000 and no more than $350,000 new text end |
new text begin
$120 new text end |
|
new text begin
greater than $100,000 and no more than $250,000 new text end |
new text begin
$100 new text end |
|
new text begin
greater than $50,000 and no more than $100,000 new text end |
new text begin
$80 new text end |
|
new text begin
greater than $25,000 and no more than $50,000 new text end |
new text begin
$60 new text end |
|
new text begin
no more than $25,000 new text end |
new text begin
$40 new text end |
new text begin
(b) Fees and penalties collected under this section shall be deposited in the state
treasury and credited to the state government special revenue fund.
new text end
new text begin Subd. 9. new text end
new text begin Study and report about client bill of rights. new text end
new text begin
The commissioner shall
consult with Aging Services of Minnesota, Care Providers of Minnesota, Minnesota Home
Care Association, Department of Human Services, the Ombudsman for Long-Term Care,
and other stakeholders to review how to streamline the client bill of rights requirements
in sections 144A.44, 144A.441, and 245D.04 for providers whose practices fit into one
or several of these practice areas, while assuring and maintaining the health and safety
of clients. The evaluation shall consider the federal client bill of rights requirements for
Medicare-certified home care providers. The evaluation must determine whether there
are duplications or conflicts of client rights, evaluate how to reduce the complexity of the
client bill of rights requirements for providers and consumers, determine which of the
rights must be included in a client bill of rights document, and evaluate whether there are
other ways to ensure that consumers know their rights. The commissioner shall report to
the chairs of the health and human services committees of the legislature no later than
February 15, 2015, along with any recommendations for legislative changes.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Minnesota Statutes, section 144A.484, subdivisions 2 to 8,
are effective July 1, 2015.
new text end
Sec. 4.
Minnesota Statutes 2013 Supplement, section 145.4716, subdivision 2, is
amended to read:
Subd. 2.
Duties of director.
The director of child sex trafficking prevention is
responsible for the following:
(1) developing and providing comprehensive training on sexual exploitation of
youth for social service professionals, medical professionals, public health workers, and
criminal justice professionals;
(2) collecting, organizing, maintaining, and disseminating information on sexual
exploitation and services across the state, including maintaining a list of resources on the
Department of Health Web site;
(3) monitoring and applying for federal funding for antitrafficking efforts that may
benefit victims in the state;
(4) managing grant programs established under sections 145.4716 to 145.4718;
(5) new text begin managing the request for proposals for grants for comprehensive services,
including trauma-informed, culturally specific services;
new text end
new text begin (6) new text end identifying best practices in serving sexually exploited youth, as defined in
section 260C.007, subdivision 31;
deleted text begin (6)deleted text end new text begin (7) new text end providing oversight of and technical support to regional navigators pursuant
to section 145.4717;
deleted text begin (7)deleted text end new text begin (8) new text end conducting a comprehensive evaluation of the statewide program for safe
harbor of sexually exploited youth; and
deleted text begin (8)deleted text end new text begin (9) new text end developing a policy consistent with the requirements of chapter 13 for sharing
data related to sexually exploited youth, as defined in section 260C.007, subdivision 31,
among regional navigators and community-based advocates.
Sec. 5.
Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21, is
amended to read:
Subd. 21.
Provider enrollment.
(a) If the commissioner or the Centers for
Medicare and Medicaid Services determines that a provider is designated "high-risk," the
commissioner may withhold payment from providers within that category upon initial
enrollment for a 90-day period. The withholding for each provider must begin on the date
of the first submission of a claim.
(b) An enrolled provider that is also licensed by the commissioner under chapter
245Anew text begin or that is licensed by the Department of Health under chapter 144A and has a
HCBS designation on the home care licensenew text end must designate an individual as the entity's
compliance officer. The compliance officer must:
(1) develop policies and procedures to assure adherence to medical assistance laws
and regulations and to prevent inappropriate claims submissions;
(2) train the employees of the provider entity, and any agents or subcontractors of
the provider entity including billers, on the policies and procedures under clause (1);
(3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;
(4) use evaluation techniques to monitor compliance with medical assistance laws
and regulations;
(5) promptly report to the commissioner any identified violations of medical
assistance laws or regulations; and
(6) within 60 days of discovery by the provider of a medical assistance
reimbursement overpayment, report the overpayment to the commissioner and make
arrangements with the commissioner for the commissioner's recovery of the overpayment.
The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.
(c) The commissioner may revoke the enrollment of an ordering or rendering
provider for a period of not more than one year, if the provider fails to maintain and, upon
request from the commissioner, provide access to documentation relating to written orders
or requests for payment for durable medical equipment, certifications for home health
services, or referrals for other items or services written or ordered by such provider, when
the commissioner has identified a pattern of a lack of documentation. A pattern means a
failure to maintain documentation or provide access to documentation on more than one
occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a
provider under the provisions of section 256B.064.
(d) The commissioner shall terminate or deny the enrollment of any individual or
entity if the individual or entity has been terminated from participation in Medicare or
under the Medicaid program or Children's Health Insurance Program of any other state.
(e) As a condition of enrollment in medical assistance, the commissioner shall
require that a provider designated "moderate" or "high-risk" by the Centers for Medicare
and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
Services, its agents, or its designated contractors and the state agency, its agents, or its
designated contractors to conduct unannounced on-site inspections of any provider location.
The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
and standards used to designate Medicare providers in Code of Federal Regulations, title
42, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
The commissioner's designations are not subject to administrative appeal.
(f) As a condition of enrollment in medical assistance, the commissioner shall
require that a high-risk provider, or a person with a direct or indirect ownership interest in
the provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is
designated high-risk for fraud, waste, or abuse.
(g)(1) Upon initial enrollment, reenrollment, and revalidation, all durable medical
equipment, prosthetics, orthotics, and supplies (DMEPOS) suppliers operating in
Minnesota and receiving Medicaid funds must purchase a surety bond that is annually
renewed and designates the Minnesota Department of Human Services as the obligee, and
must be submitted in a form approved by the commissioner.
(2) At the time of initial enrollment or reenrollment, the provider agency must
purchase a performance bond of $50,000. If a revalidating provider's Medicaid revenue
in the previous calendar year is up to and including $300,000, the provider agency must
purchase a performance bond of $50,000. If a revalidating provider's Medicaid revenue
in the previous calendar year is over $300,000, the provider agency must purchase a
performance bond of $100,000. The performance bond must allow for recovery of costs
and fees in pursuing a claim on the bond.
(h) The Department of Human Services may require a provider to purchase a
performance surety bond as a condition of initial enrollment, reenrollment, reinstatement,
or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the
department determines there is significant evidence of or potential for fraud and abuse by
the provider, or (3) the provider or category of providers is designated high-risk pursuant
to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The
performance bond must be in an amount of $100,000 or ten percent of the provider's
payments from Medicaid during the immediately preceding 12 months, whichever is
greater. The performance bond must name the Department of Human Services as an
obligee and must allow for recovery of costs and fees in pursuing a claim on the bond.
Sec. 6. new text begin LEGISLATIVE HEALTH CARE WORKFORCE COMMISSION.
new text end
new text begin Subdivision 1. new text end
new text begin Legislative oversight. new text end
new text begin
The Legislative Health Care Workforce
Commission is created to study and make recommendations to the legislature on how to
achieve the goal of strengthening the workforce in healthcare.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
The Legislative Health Care Workforce Commission
consists of five members of the senate appointed by the Subcommittee on Committees
of the Committee on Rules and Administration and five members of the house of
representatives appointed by the speaker of the house. The Legislative Health Care
Workforce Commission must include three members of the majority party and two
members of the minority party in each house.
new text end
new text begin Subd. 3. new text end
new text begin Report to the legislature. new text end
new text begin
The Legislative Health Care Workforce
Commission must provide a report making recommendations to the legislature by
December 31, 2014. The report must:
new text end
new text begin
(1) identify current and anticipated health care workforce shortages, by both
provider type and geography;
new text end
new text begin
(2) evaluate the effectiveness of incentives currently available to develop, attract,
and retain a highly skilled health care workforce;
new text end
new text begin
(3) study alternative incentives to develop, attract, and retain a highly skilled and
diverse health care workforce; and
new text end
new text begin
(4) identify current causes and potential solutions to barriers related to the primary
care workforce, including, but not limited to:
new text end
new text begin
(i) training and residency shortages;
new text end
new text begin
(ii) disparities in income between primary care and other providers; and
new text end
new text begin
(iii) negative perceptions of primary care among students.
new text end
new text begin Subd. 4. new text end
new text begin Assistance to the commission. new text end
new text begin
The commissioners of health, human
services, commerce, and other state agencies shall provide assistance and technical
support to the commission at the request of the commission. The commission may
convene subcommittees to provide additional assistance and advice to the commission.
new text end
new text begin Subd. 5. new text end
new text begin Expiration. new text end
new text begin
The Legislative Health Care Workforce Commission expires
on January 1, 2015.
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. 7. new text begin GRANT PROGRAMS TO ADDRESS MINORITY HEALTH
DISPARITIES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms
have the meanings given.
new text end
new text begin
(b) "Dementia" means a condition ascribed within the brain that leads to confusion,
lack of focus, and decreased memory.
new text end
new text begin
(c) "Education activities" means providing materials related to health care topics
in ethnic-specific languages through materials including, but not limited to, Web sites,
brochures, flyers, and other similar vehicles.
new text end
new text begin
(d) "Minority populations" means racial and ethnic groups including, but not limited
to, African-Americans, Native Americans, Hmong, Asians, and other similar groups.
new text end
new text begin
(e) "Outreach" means the active pursuit of people within the minority groups
through specific and targeted activities to contact individuals who may not regularly
be contacted by health care professionals.
new text end
new text begin Subd. 2. new text end
new text begin Grants; distribution. new text end
new text begin
The commissioner of health shall distribute grant
funds to grantees for the following purposes:
new text end
new text begin
(1) dementia education and training to specific minority and under-represented
groups;
new text end
new text begin
(2) a training conference related to immigrant and refugee mental health issues; and
new text end
new text begin
(3) other programs, as prioritized by the commissioner, relating to health disparities
in minority populations, including, but not limited to, a Somali women-led prevention
health care agency located in Minnesota focused on minority women's health disparities.
new text end
new text begin Subd. 3. new text end
new text begin Grants; administration. new text end
new text begin
Grant applicants shall submit applications
to the commissioner of health as directed by a request for proposals. Grants must be
competitively awarded and recipients of a grant under this section must prepare and
submit a quarterly progress report to the commissioner beginning three months after
receipt of the grant. The commissioner shall provide technical assistance and program
support as needed, including, but not limited to, assurance that minority individuals with
dementia are effectively identified, mitigated, and evaluated by grantees.
new text end
new text begin Subd. 4. new text end
new text begin
Dementia education and training grant; eligible activities for dementia
outreach.
new text end
new text begin
(a) Within the limits of available appropriations, the commissioner shall make
a grant to a nonprofit organization with expertise in providing outreach, education, and
training on dementia, Alzheimer's, and other related disabilities within specific minority
and under-represented groups.
new text end
new text begin
(b) The grantee must conduct the following activities:
new text end
new text begin
(1) providing and making available educational materials to the general public
as well as specific minority populations;
new text end
new text begin
(2) promoting awareness of dementia-related resources and educational materials;
and
new text end
new text begin
(3) promoting the use of materials within health care organizations.
new text end
Sec. 8. new text begin FULL-TIME EMPLOYEE RESTRICTION.
new text end
new text begin
No more than one full-time employee may be hired by the Department of Health to
administer the grants under Minnesota Statutes, section 144.9513.
new text end
ARTICLE 25
HEALTH CARE
Section 1.
Minnesota Statutes 2012, section 256.01, is amended by adding a
subdivision to read:
new text begin Subd. 38. new text end
new text begin Contract to match recipient third-party liability information. new text end
new text begin
The
commissioner may enter into a contract with a national organization to match recipient
third-party liability information and provide coverage and insurance primacy information
to the department at no charge to providers and the clearinghouses.
new text end
Sec. 2.
Minnesota Statutes 2012, section 256.9685, subdivision 1, is amended to read:
Subdivision 1.
Authority.
(a) The commissioner shall establish procedures for
determining medical assistance and general assistance medical care payment rates under
a prospective payment system for inpatient hospital services in hospitals that qualify as
vendors of medical assistance. The commissioner shall establish, by rule, procedures for
implementing this section and sections 256.9686, 256.969, and 256.9695. Services must
meet the requirements of section 256B.04, subdivision 15, deleted text begin or 256D.03, subdivision 7,
paragraph (b),deleted text end to be eligible for payment.
(b) The commissioner may reduce the types of inpatient hospital admissions that
are required to be certified as medically necessary after notice in the State Register and a
30-day comment period.
Sec. 3.
Minnesota Statutes 2012, section 256.9685, subdivision 1a, is amended to read:
Subd. 1a.
Administrative reconsideration.
Notwithstanding deleted text begin sectionsdeleted text end new text begin section
new text end 256B.04, subdivision 15, deleted text begin and 256D.03, subdivision 7,deleted text end the commissioner shall establish
an administrative reconsideration process for appeals of inpatient hospital services
determined to be medically unnecessary. A physician or hospital may request a
reconsideration of the decision that inpatient hospital services are not medically necessary
by submitting a written request for review to the commissioner within 30 days after
receiving notice of the decision. The reconsideration process shall take place prior to the
procedures of subdivision 1b and shall be conducted by physicians that are independent
of the case under reconsideration. A majority decision by the physicians is necessary to
make a determination that the services were not medically necessary.
Sec. 4.
Minnesota Statutes 2012, section 256.9686, subdivision 2, is amended to read:
Subd. 2.
Base year.
"Base year" means a hospital's fiscal year that is recognized
by the Medicare program or a hospital's fiscal year specified by the commissioner if a
hospital is not required to file information by the Medicare program from which cost and
statistical data are used to establish medical assistance deleted text begin and general assistance medical
caredeleted text end payment rates.
Sec. 5.
Minnesota Statutes 2012, section 256.969, subdivision 1, is amended to read:
Subdivision 1.
Hospital cost index.
(a) The hospital cost index shall be the change
in the Consumer Price Index-All Items (United States city average) (CPI-U) forecasted
by Data Resources, Inc. The commissioner shall use the indices as forecasted in the
third quarter of the calendar year prior to the rate year. The hospital cost index may be
used to adjust the base year operating payment rate through the rate year on an annually
compounded basis.
(b) deleted text begin For fiscal years beginning on or after July 1, 1993, the commissioner of human
services shall not provide automatic annual inflation adjustments for hospital payment
rates under medical assistance, nor under general assistance medical care, except that
the inflation adjustments under paragraph (a) for medical assistance, excluding general
assistance medical care, shall apply through calendar year 2001. The index for calendar
year 2000 shall be reduced 2.5 percentage points to recover overprojections of the index
from 1994 to 1996.deleted text end The commissioner of management and budget shall include as a
budget change request in each biennial detailed expenditure budget submitted to the
legislature under section 16A.11 annual adjustments in hospital payment rates under
medical assistance deleted text begin and general assistance medical care,deleted text end based upon the hospital cost index.
Sec. 6.
Minnesota Statutes 2012, section 256.969, subdivision 2, is amended to read:
Subd. 2.
Diagnostic categories.
The commissioner shall use to the extent possible
existing diagnostic classification systems, deleted text begin includingdeleted text end new text begin such asnew text end the deleted text begin system used by the
Medicare programdeleted text end new text begin all patient refined diagnosis-related groups (APR-DRGs) or other
similar classification programsnew text end to determine the relative values of inpatient services
and case mix indices. The commissioner may combine diagnostic classifications into
diagnostic categories and may establish separate categories and numbers of categories
based on deleted text begin program eligibility ordeleted text end hospital peer group. Relative values shall be deleted text begin recalculated
deleted text end new text begin recalibratednew text end when the base year is changed. Relative value determinations shall include
paid claims for admissions during each hospital's base year. The commissioner may
deleted text begin extend the time period forward to obtain sufficiently valid information to establish relative
valuesdeleted text end new text begin supplement the diagnostic classification systems data with national averagesnew text end .
Relative value determinations shall not include deleted text begin property cost data,deleted text end Medicare crossover
data, and data on admissions that are paid a per day transfer rate under subdivision 14. The
computation of the base year cost per admission must include identified outlier cases and
their weighted costs up to the point that they become outlier cases, but must exclude costs
recognized in outlier payments beyond that point. The commissioner may recategorize the
diagnostic classifications and deleted text begin recalculatedeleted text end new text begin recalibratenew text end relative values and case mix indices
to reflect actual hospital practices, the specific character of specialty hospitals, or to reduce
variances within the diagnostic categories after notice in the State Register and a 30-day
comment period. deleted text begin The commissioner shall recategorize the diagnostic classifications and
recalculate relative values and case mix indices based on the two-year schedule in effect
prior to January 1, 2013, reflected in subdivision 2b. The first recategorization shall occur
January 1, 2013, and shall occur every two years after. When rates are not rebased under
subdivision 2b, the commissioner may establish relative values and case mix indices based
on charge data and may update the base year to the most recent data available.
deleted text end
Sec. 7.
Minnesota Statutes 2012, section 256.969, subdivision 2b, is amended to read:
Subd. 2b.
deleted text begin Operatingdeleted text end new text begin Hospitalnew text end payment rates.
new text begin
(a) For discharges occurring on and
after September 1, 2014, hospital inpatient services for hospitals located in Minnesota
shall be paid according to the following:
new text end
new text begin
(1) critical access hospitals as defined by Medicare shall be paid using a cost-based
methodology;
new text end
new text begin
(2) long-term care hospitals as defined by Medicare shall be paid on a per diem
methodology under subdivision 25;
new text end
new text begin
(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation
distinct parts as defined by Medicare shall be paid according to the methodology under
subdivision 12; and
new text end
new text begin
(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.
new text end
new text begin (b) new text end deleted text begin In determining operating payment rates for admissions occurring on or after the
rate year beginning January 1, 1991, and every two years after, or more frequently as
determined by the commissioner, the commissioner shall obtain operating data from an
updated base year and establish operating payment rates per admission for each hospital
based on the cost-finding methods and allowable costs of the Medicare program in effect
during the base year. Rates under the general assistance medical care, medical assistance,
and MinnesotaCare programs shall not be rebased to more current data on January 1, 1997,
January 1, 2005, for the first 24 months of the rebased period beginning January 1, 2009.
deleted text end For the deleted text begin rebaseddeleted text end period beginning January 1, 2011,new text begin through August 31, 2014,new text end rates shall not
be rebased, except that a Minnesota long-term hospital shall be rebased effective January 1,
2011, based on its most recent Medicare cost report ending on or before September 1, 2008,
with the provisions under subdivisions 9 and 23, based on the rates in effect on December
31, 2010. For deleted text begin subsequentdeleted text end rate setting periodsnew text begin after September 1, 2014,new text end in which the base
years are updated, a Minnesota long-term hospital's base year shall remain within the same
period as other hospitals. deleted text begin Effective January 1, 2013, and after, rates shall not be rebased.deleted text end
new text begin
(c) Effective for discharges occurring on and after September 1, 2014, payment rates
for hospital inpatient services provided by hospitals located in Minnesota or the local trade
area, except those hospitals paid under the methodologies under paragraph (a), clauses
(2) and (3), shall be rebased incorporating cost and payment methodologies in a manner
similar to Medicare. The base year for the rates effective September 1, 2014, shall be state
fiscal year 2012. The rebasing must be budget neutral, ensuring that the total aggregate
payments under the rebased system are equal to the total aggregate payments made for the
same number and types of services in the base year. Separate budget neutrality calculations
shall be determined for payments made to critical access hospitals and payments made to
hospitals paid under the DRG system. Any rate increases or decreases under subdivision
3a that applied to the hospitals being rebased during the base period shall be incorporated
into the budget neutrality calculation. Any rate increases or decreases that did not apply to
the base period shall not be considered in the budget neutrality calculation.
new text end
new text begin
(d) For discharges occurring September 1, 2014, through and including June 30,
2016, the rebased rates shall include necessary adjustments to the projected rates that
result in no greater than a five percent increase or decrease from the base year payments
for any hospital. In addition to such adjustments, the commissioner may make adjustments
to rates and must consider the impact of changes on at least the following when evaluating
whether additional adjustments should be made:
new text end
new text begin
(1) pediatric services;
new text end
new text begin
(2) behavioral health services;
new text end
new text begin
(3) trauma services as defined by the National Uniform Billing Committee;
new text end
new text begin
(4) transplant services;
new text end
new text begin
(5) obstetric services, newborn services, and behavioral health services provided
by hospitals outside the seven-county metropolitan area;
new text end
new text begin
(6) outlier admissions;
new text end
new text begin
(7) low volume providers; and
new text end
new text begin
(8) services provided by small rural hospitals that are not critical access hospitals.
new text end
new text begin
(e) Hospital payment rates established under paragraph (c) shall incorporate the
following:
new text end
new text begin (1) for hospitals paid under the DRG methodology, new text end the base year deleted text begin operatingdeleted text end payment
rate per admission is standardized by the deleted text begin case mix index and adjusted by the hospital cost
index, relative values, and disproportionate population adjustment.deleted text end new text begin applicable Medicare
wage index and adjusted by the hospital's disproportionate population adjustment;new text end
new text begin
(2) for critical access hospitals, interim per diem payment rates shall be based on the
ratio of cost and charges reported on the base year Medicare cost report or reports and
applied to medical assistance utilization data. Final settlement payments for a state fiscal
year will be determined based on a review of the Medicaid cost report for the applicable
state fiscal year;
new text end
new text begin (3) new text end the cost and charge data used to establish deleted text begin operatingdeleted text end new text begin hospital paymentnew text end rates shall
only reflect inpatient services covered by medical assistance deleted text begin and shall not include property
cost information and costs recognized in outlier paymentsdeleted text end new text begin ; and
new text end
new text begin (4) in determining hospital payment rates for discharges occurring on or after the
rate year beginning January 1, 2011, through December 31, 2012, the hospital payment
rate per discharge must be based on the cost-finding methods and allowable costs of the
Medicare program in effect during the base year or yearsnew text end .
Sec. 8.
Minnesota Statutes 2012, section 256.969, is amended by adding a subdivision
to read:
new text begin Subd. 2d. new text end
new text begin Budget neutrality factor. new text end
new text begin
For the rebased period effective September 1,
2014, when rebasing rates under subdivision 2b, paragraph (c), the commissioner must
apply a budget neutrality factor if applicable to all hospitals' rebased rates to ensure that
total DRG and critical access hospital payments to hospitals do not exceed total DRG and
critical access hospital payments that would have been made to hospitals for the same
number and types of services if the relative rates and weights had not been recalibrated
and cost-based payments for critical access hospitals had not been established. For the
purposes of this section, budget neutrality factor equals the percentage change from total
aggregate payments calculated under a new payment system to total aggregate payments
calculated under the old system for the same number and types of services.
new text end
Sec. 9.
Minnesota Statutes 2012, section 256.969, is amended by adding a subdivision
to read:
new text begin Subd. 2e. new text end
new text begin Interim payments. new text end
new text begin
Notwithstanding subdivision 2b, for discharges
occurring on or after September 1, 2014, and no later than June 30, 2015, the commissioner
may implement an interim payment process to pay hospitals, including payments based on
each hospital's average payments per claim for state fiscal years 2011 and 2012. These
interim payments may be used to pay hospitals if the new payment system and rebasing
under subdivision 2b is not complete by September 1, 2014. Claims paid at interim
payment rates shall be reprocessed and paid at the rates established under the new system
upon implementation of the new system.
new text end
Sec. 10.
Minnesota Statutes 2012, section 256.969, is amended by adding a subdivision
to read:
new text begin Subd. 2f. new text end
new text begin Report required. new text end
new text begin
(a) The commissioner shall annually report to the
legislature beginning March 1, 2015, and ending March 1, 2016, on the financial impacts
by hospital and policy ramifications, if any, resulting from payment methodology changes
implemented after August 31, 2014, and before December 31, 2015.
new text end
new text begin
(b) The commissioner shall provide, at a minimum, the following information:
new text end
new text begin
(1) case-mix adjusted calculations of net payment impacts for each hospital resulting
from the difference between the payments each hospital would have received under the
payment methodology for discharges before August 31, 2014, and the payments each
hospital has or is expected to receive for the same number and types of services under the
payment methodology implemented effective September 1, 2014;
new text end
new text begin
(2) any adjustments authorized under subdivision 2b, paragraph (d), that were made
and the impacts of those adjustments; and
new text end
new text begin
(3) recommendations for further refinement or improvement of the hospital inpatient
payment system or methodologies.
new text end
Sec. 11.
Minnesota Statutes 2012, section 256.969, subdivision 3a, is amended to read:
Subd. 3a.
Payments.
(a) Acute care hospital billings under the medical
assistance program must not be submitted until the recipient is discharged. However,
the commissioner shall establish monthly interim payments for inpatient hospitals that
have individual patient lengths of stay over 30 days regardless of diagnostic category.
Except as provided in section 256.9693, medical assistance reimbursement for treatment
of mental illness shall be reimbursed based on diagnostic classifications. Individual
hospital payments established under this section and sections 256.9685, 256.9686, and
256.9695, in addition to third-party and recipient liability, for discharges occurring during
the rate year shall not exceed, in aggregate, the charges for the medical assistance covered
inpatient services paid for the same period of time to the hospital. deleted text begin This payment limitation
shall be calculated separately for medical assistance and general assistance medical
care services. The limitation on general assistance medical care shall be effective for
admissions occurring on or after July 1, 1991.deleted text end Services that have rates established under
subdivision deleted text begin 11 ordeleted text end 12, must be limited separately from other services. After consulting with
the affected hospitals, the commissioner may consider related hospitals one entity and may
merge the payment rates while maintaining separate provider numbers. The operating and
property base rates per admission or per day shall be derived from the best Medicare and
claims data available when rates are established. The commissioner shall determine the
best Medicare and claims data, taking into consideration variables of recency of the data,
audit disposition, settlement status, and the ability to set rates in a timely manner. The
commissioner shall notify hospitals of payment rates deleted text begin by December 1 of the year preceding
the rate yeardeleted text end new text begin 30 days prior to implementationnew text end . The rate setting data must reflect the
admissions data used to establish relative values. deleted text begin Base year changes from 1981 to the base
year established for the rate year beginning January 1, 1991, and for subsequent rate years,
shall not be limited to the limits ending June 30, 1987, on the maximum rate of increase
under subdivision 1.deleted text end The commissioner may adjust base year cost, relative value, and case
mix index data to exclude the costs of services that have been discontinued by the October
1 of the year preceding the rate year or that are paid separately from inpatient services.
Inpatient stays that encompass portions of two or more rate years shall have payments
established based on payment rates in effect at the time of admission unless the date of
admission preceded the rate year in effect by six months or more. In this case, operating
payment rates for services rendered during the rate year in effect and established based on
the date of admission shall be adjusted to the rate year in effect by the hospital cost index.
(b) For fee-for-service admissions occurring on or after July 1, 2002, the total
payment, before third-party liability and spenddown, made to hospitals for inpatient
services is reduced by .5 percent from the current statutory rates.
(c) In addition to the reduction in paragraph (b), the total payment for fee-for-service
admissions occurring on or after July 1, 2003, made to hospitals for inpatient services before
third-party liability and spenddown, is reduced five percent from the current statutory
rates. Mental health services within diagnosis related groups 424 to 432new text begin or corresponding
APR-DRGsnew text end , and facilities defined under subdivision 16 are excluded from this paragraph.
(d) In addition to the reduction in paragraphs (b) and (c), the total payment for
fee-for-service admissions occurring on or after August 1, 2005, made to hospitals for
inpatient services before third-party liability and spenddown, is reduced 6.0 percent from
the current statutory rates. Mental health services within diagnosis related groups 424 to
432new text begin or corresponding APR-DRGsnew text end and facilities defined under subdivision 16 are excluded
from this paragraph. deleted text begin Notwithstanding section 256.9686, subdivision 7, for purposes
of this paragraph, medical assistance does not include general assistance medical care.
deleted text end Payments made to managed care plans shall be reduced for services provided on or after
January 1, 2006, to reflect this reduction.
(e) In addition to the reductions in paragraphs (b), (c), and (d), the total payment
for fee-for-service admissions occurring on or after July 1, 2008, through June 30, 2009,
made to hospitals for inpatient services before third-party liability and spenddown,
is reduced 3.46 percent from the current statutory rates. Mental health services with
diagnosis related groups 424 to 432new text begin or corresponding APR-DRGsnew text end and facilities defined
under subdivision 16 are excluded from this paragraph. Payments made to managed care
plans shall be reduced for services provided on or after January 1, 2009, through June
30, 2009, to reflect this reduction.
(f) In addition to the reductions in paragraphs (b), (c), and (d), the total payment
for fee-for-service admissions occurring on or after July 1, 2009, through June 30, 2011,
made to hospitals for inpatient services before third-party liability and spenddown, is
reduced 1.9 percent from the current statutory rates. Mental health services with diagnosis
related groups 424 to 432new text begin or corresponding APR-DRGsnew text end and facilities defined under
subdivision 16 are excluded from this paragraph. Payments made to managed care plans
shall be reduced for services provided on or after July 1, 2009, through June 30, 2011,
to reflect this reduction.
(g) In addition to the reductions in paragraphs (b), (c), and (d), the total payment
for fee-for-service admissions occurring on or after July 1, 2011, made to hospitals for
inpatient services before third-party liability and spenddown, is reduced 1.79 percent from
the current statutory rates. Mental health services with diagnosis related groups 424 to 432
new text begin or corresponding APR-DRGs new text end and facilities defined under subdivision 16 are excluded
from this paragraph. Payments made to managed care plans shall be reduced for services
provided on or after July 1, 2011, to reflect this reduction.
(h) In addition to the reductions in paragraphs (b), (c), (d), (f), and (g), the total
payment for fee-for-service admissions occurring on or after July 1, 2009, made to
hospitals for inpatient services before third-party liability and spenddown, is reduced
one percent from the current statutory rates. Facilities defined under subdivision 16 are
excluded from this paragraph. Payments made to managed care plans shall be reduced for
services provided on or after October 1, 2009, to reflect this reduction.
(i) In addition to the reductions in paragraphs (b), (c), (d), (g), and (h), the total
payment for fee-for-service admissions occurring on or after July 1, 2011, made to
hospitals for inpatient services before third-party liability and spenddown, is reduced
1.96 percent from the current statutory rates. Facilities defined under subdivision 16 are
excluded from this paragraph. Payments made to managed care plans shall be reduced for
services provided on or after January 1, 2011, to reflect this reduction.
new text begin
(j) Effective for discharges on and after September 1, 2014, from hospitals paid
under subdivision 2b, paragraph (a), clauses (1) and (4), the rate adjustments in this
subdivision shall be incorporated into the rebased rates established under subdivision 2b,
paragraph (c), and shall not be applied to each claim.
new text end
Sec. 12.
Minnesota Statutes 2012, section 256.969, subdivision 3b, is amended to read:
Subd. 3b.
Nonpayment for hospital-acquired conditions and for certain
treatments.
(a) The commissioner must not make medical assistance payments to a
hospital for any costs of care that result from a condition deleted text begin listeddeleted text end new text begin identifiednew text end in paragraph
(c), if the condition was hospital acquired.
(b) For purposes of this subdivision, a condition is hospital acquired if it is not
identified by the hospital as present on admission. For purposes of this subdivision,
medical assistance includes deleted text begin general assistance medical care anddeleted text end MinnesotaCare.
(c) The prohibition in paragraph (a) applies to payment for each hospital-acquired
condition deleted text begin listeddeleted text end new text begin identifiednew text end in this paragraph that is represented by an ICD-9-CMnew text begin or
ICD-10-CMnew text end diagnosis code deleted text begin and is designated as a complicating condition or a major
complicating condition:deleted text end new text begin . The list of conditions shall be the hospital-acquired conditions
list defined by the Centers for Medicare and Medicaid Services on an annual basis.
new text end
deleted text begin
(1) foreign object retained after surgery (ICD-9-CM codes 998.4 or 998.7);
deleted text end
deleted text begin
(2) air embolism (ICD-9-CM code 999.1);
deleted text end
deleted text begin
(3) blood incompatibility (ICD-9-CM code 999.6);
deleted text end
deleted text begin
(4) pressure ulcers stage III or IV (ICD-9-CM codes 707.23 or 707.24);
deleted text end
deleted text begin
(5) falls and trauma, including fracture, dislocation, intracranial injury, crushing
injury, burn, and electric shock (ICD-9-CM codes with these ranges on the complicating
condition and major complicating condition list: 800-829; 830-839; 850-854; 925-929;
940-949; and 991-994);
deleted text end
deleted text begin
(6) catheter-associated urinary tract infection (ICD-9-CM code 996.64);
deleted text end
deleted text begin
(7) vascular catheter-associated infection (ICD-9-CM code 999.31);
deleted text end
deleted text begin
(8) manifestations of poor glycemic control (ICD-9-CM codes 249.10; 249.11;
249.20; 249.21; 250.10; 250.11; 250.12; 250.13; 250.20; 250.21; 250.22; 250.23; and
251.0);
deleted text end
deleted text begin
(9) surgical site infection (ICD-9-CM codes 996.67 or 998.59) following certain
orthopedic procedures (procedure codes 81.01; 81.02; 81.03; 81.04; 81.05; 81.06; 81.07;
81.08; 81.23; 81.24; 81.31; 81.32; 81.33; 81.34; 81.35; 81.36; 81.37; 81.38; 81.83; and
81.85);
deleted text end
deleted text begin
(10) surgical site infection (ICD-9-CM code 998.59) following bariatric surgery
(procedure codes 44.38; 44.39; or 44.95) for a principal diagnosis of morbid obesity
(ICD-9-CM code 278.01);
deleted text end
deleted text begin
(11) surgical site infection, mediastinitis (ICD-9-CM code 519.2) following coronary
artery bypass graft (procedure codes 36.10 to 36.19); and
deleted text end
deleted text begin
(12) deep vein thrombosis (ICD-9-CM codes 453.40 to 453.42) or pulmonary
embolism (ICD-9-CM codes 415.11 or 415.19) following total knee replacement
(procedure code 81.54) or hip replacement (procedure codes 00.85 to 00.87 or 81.51
to 81.52).
deleted text end
(d) The prohibition in paragraph (a) applies to any additional payments that result
from a hospital-acquired condition deleted text begin listeddeleted text end new text begin identifiednew text end in paragraph (c), including, but not
limited to, additional treatment or procedures, readmission to the facility after discharge,
increased length of stay, change to a higher diagnostic category, or transfer to another
hospital. In the event of a transfer to another hospital, the hospital where the condition
deleted text begin listeddeleted text end new text begin identifiednew text end under paragraph (c) was acquired is responsible for any costs incurred at
the hospital to which the patient is transferred.
(e) A hospital shall not bill a recipient of services for any payment disallowed under
this subdivision.
Sec. 13.
Minnesota Statutes 2012, section 256.969, subdivision 3c, is amended to read:
Subd. 3c.
Rateable reduction and readmissions reduction.
(a) The total payment
for fee for service admissions occurring on or after September 1, 2011, through June 30,
2015, made to hospitals for inpatient services before third-party liability and spenddown,
is reduced ten percent from the current statutory rates. Facilities defined under subdivision
16, long-term hospitals as determined under the Medicare program, children's hospitals
whose inpatients are predominantly under 18 years of age, and payments under managed
care are excluded from this paragraph.
(b) Effective for admissions occurring during calendar year 2010 and each year
after, the commissioner shall calculate a regional readmission rate for admissions to all
hospitals occurring within 30 days of a previous discharge. The commissioner may
adjust the readmission rate taking into account factors such as the medical relationship,
complicating conditions, and sequencing of treatment between the initial admission and
subsequent readmissions.
(c) Effective for payments to all hospitals on or after July 1, 2013, through June 30,
2015, the reduction in paragraph (a) is reduced one percentage point for every percentage
point reduction in the overall readmissions rate between the two previous calendar years
to a maximum of five percent.
new text begin
(d) The payment reduction in paragraph (a) shall not apply to payments to a hospital
with at least 1,700 licensed beds on January 1, 2011, located in Hennepin County, for
admissions of children as defined in section 256B.055, subdivision 3a, occurring on or
after September 1, 2011, through August 31, 2013, but shall apply to payments for
admissions of children occurring on or after September 1, 2013, through June 30, 2015.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effectively retroactively from September 1,
2011.
new text end
Sec. 14.
Minnesota Statutes 2012, section 256.969, is amended by adding a subdivision
to read:
new text begin Subd. 3d. new text end
new text begin Rate increase. new text end
new text begin
The total payment for fee for service admissions occurring
on or after July 1, 2014, through December 31, 2014, made to hospitals for inpatient
services before third-party liability and spenddown, is increased by three percent from
the current statutory rates. Facilities defined under subdivision 16, long-term hospitals
as determined under the Medicare program, children's hospitals whose inpatients are
predominantly under 18 years of age, and payments under managed care are excluded
from this rate increase.
new text end
Sec. 15.
Minnesota Statutes 2012, section 256.969, is amended by adding a subdivision
to read:
new text begin Subd. 4b. new text end
new text begin Medical assistance cost reports for services. new text end
new text begin
(a) A hospital that meets
one of the following criteria must annually file medical assistance cost reports within six
months of the end of the hospital's fiscal year:
new text end
new text begin
(1) a hospital designated as a critical access hospital that receives medical assistance
payments; or
new text end
new text begin
(2) a Minnesota hospital or out-of-state hospital located within a Minnesota local
trade area that receives a disproportionate population adjustment under subdivision 9.
new text end
new text begin
For purposes of this subdivision, local trade area has the meaning given in subdivision 17.
new text end
new text begin
(b) The Department of Human Services must suspend payments to any hospital that
fails to file a report required under this subdivision. Payments must remain suspended
until the report has been filed with and accepted by the Department of Human Services
inpatient rates unit.
new text end
Sec. 16.
Minnesota Statutes 2012, section 256.969, subdivision 6a, is amended to read:
Subd. 6a.
Special considerations.
In determining the payment rates, the
commissioner shall consider whether the circumstances in subdivisions deleted text begin 7deleted text end new text begin 8new text end to 14 exist.
Sec. 17.
Minnesota Statutes 2012, section 256.969, subdivision 8, is amended to read:
Subd. 8.
Unusual length of stay experience.
new text begin (a) new text end The commissioner shall establish
day outlier thresholds for each diagnostic category established under subdivision 2 at
two standard deviations beyond the mean length of stay. Payment for the days beyond
the outlier threshold shall be in addition to the operating and property payment rates per
admission established under subdivisions 2deleted text begin ,deleted text end new text begin andnew text end 2bdeleted text begin , and 2cdeleted text end . Payment for outliers shall
be at 70 percent of the allowable operating cost, after adjustment by the case mix index,
hospital cost index, relative values and the disproportionate population adjustment. The
outlier threshold for neonatal and burn diagnostic categories shall be established at one
standard deviation beyond the mean length of stay, and payment shall be at 90 percent
of allowable operating cost calculated in the same manner as other outliers. A hospital
may choose an alternative to the 70 percent outlier payment that is at a minimum of 60
percent and a maximum of 80 percent if the commissioner is notified in writing of the
request by October 1 of the year preceding the rate year. The chosen percentage applies
to all diagnostic categories except burns and neonates. The percentage of allowable cost
that is unrecognized by the outlier payment shall be added back to the base year operating
payment rate per admission.
new text begin
(b) Effective for transfers occurring on or after September 1, 2014, the commissioner
shall establish payment rates for acute transfers that are based on Medicare methodologies.
new text end
Sec. 18.
Minnesota Statutes 2012, section 256.969, subdivision 8a, is amended to read:
Subd. 8a.
Short length of stay.
deleted text begin
Except as provided in subdivision 13, for
admissions occurring on or after July 1, 1995, payment shall be determined as follows and
shall be included in the base year for rate setting purposes:
deleted text end
deleted text begin
(1) for an admission that is categorized to a neonatal diagnostic related group
in which the length of stay is less than 50 percent of the average length of stay for the
category in the base year and the patient at admission is equal to or greater than the age of
one, payments shall be established according to the methods of subdivision 14;
deleted text end
deleted text begin (2)deleted text end For an admission that is categorized to a diagnostic category that includes
neonatal respiratory distress syndrome, the hospital must have a level II or level III
nursery and the patient must receive treatment in that unit or payment will be made
without regard to the syndrome condition.
Sec. 19.
Minnesota Statutes 2012, section 256.969, is amended by adding a subdivision
to read:
new text begin Subd. 8c. new text end
new text begin Hospital residents. new text end
new text begin
Payments for hospital residents shall be made
as follows:
new text end
new text begin
(1) payments for the first 180 days of inpatient care shall be the DRG system
payment plus any appropriate outliers; and
new text end
new text begin
(2) payment for all medically necessary patient care subsequent to 180 days shall
be reimbursed at a rate equal to 80 percent of the product of the statewide average
cost-to-charge ratio multiplied by the usual and customary charges.
new text end
Sec. 20.
Minnesota Statutes 2012, section 256.969, subdivision 9, is amended to read:
Subd. 9.
Disproportionate numbers of low-income patients served.
(a) For
admissions occurring on or after October 1, 1992, through December 31, 1992, the
medical assistance disproportionate population adjustment shall comply with federal law
and shall be paid to a hospital, excluding regional treatment centers and facilities of the
federal Indian Health Service, with a medical assistance inpatient utilization rate in excess
of the arithmetic mean. The adjustment must be determined as follows:
(1) for a hospital with a medical assistance inpatient utilization rate above the
arithmetic mean for all hospitals excluding regional treatment centers and facilities of the
federal Indian Health Service but less than or equal to one standard deviation above the
mean, the adjustment must be determined by multiplying the total of the operating and
property payment rates by the difference between the hospital's actual medical assistance
inpatient utilization rate and the arithmetic mean for all hospitals excluding regional
treatment centers and facilities of the federal Indian Health Service; and
(2) for a hospital with a medical assistance inpatient utilization rate above one
standard deviation above the mean, the adjustment must be determined by multiplying
the adjustment that would be determined under clause (1) for that hospital by 1.1. If
federal matching funds are not available for all adjustments under this subdivision, the
commissioner shall reduce payments on a pro rata basis so that all adjustments qualify for
federal match. deleted text begin The commissioner may establish a separate disproportionate population
operating payment rate adjustment under the general assistance medical care program.
For purposes of this subdivision medical assistance does not include general assistance
medical care.deleted text end The commissioner shall report annually on the number of hospitals likely to
receive the adjustment authorized by this paragraph. The commissioner shall specifically
report on the adjustments received by public hospitals and public hospital corporations
located in cities of the first class.
(b) For admissions occurring on or after July 1, 1993, the medical assistance
disproportionate population adjustment shall comply with federal law and shall be paid to
a hospital, excluding regional treatment centers and facilities of the federal Indian Health
Service, with a medical assistance inpatient utilization rate in excess of the arithmetic
mean. The adjustment must be determined as follows:
(1) for a hospital with a medical assistance inpatient utilization rate above the
arithmetic mean for all hospitals excluding regional treatment centers and facilities of the
federal Indian Health Service but less than or equal to one standard deviation above the
mean, the adjustment must be determined by multiplying the total of the operating and
property payment rates by the difference between the hospital's actual medical assistance
inpatient utilization rate and the arithmetic mean for all hospitals excluding regional
treatment centers and facilities of the federal Indian Health Service;new text begin and
new text end
(2) for a hospital with a medical assistance inpatient utilization rate above one
standard deviation above the mean, the adjustment must be determined by multiplying
the adjustment that would be determined under clause (1) for that hospital by 1.1. The
commissioner may establish a separate disproportionate population operating payment
rate adjustment under the general assistance medical care program. For purposes of this
subdivision, medical assistance does not include general assistance medical care. The
commissioner shall report annually on the number of hospitals likely to receive the
adjustment authorized by this paragraph. The commissioner shall specifically report on
the adjustments received by public hospitals and public hospital corporations located in
cities of the first classdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(3) for a hospital that had medical assistance fee-for-service payment volume during
calendar year 1991 in excess of 13 percent of total medical assistance fee-for-service
payment volume, a medical assistance disproportionate population adjustment shall be
paid in addition to any other disproportionate payment due under this subdivision as
follows: $1,515,000 due on the 15th of each month after noon, beginning July 15, 1995.
For a hospital that had medical assistance fee-for-service payment volume during calendar
year 1991 in excess of eight percent of total medical assistance fee-for-service payment
volume and was the primary hospital affiliated with the University of Minnesota, a
medical assistance disproportionate population adjustment shall be paid in addition to any
other disproportionate payment due under this subdivision as follows: $505,000 due on
the 15th of each month after noon, beginning July 15, 1995; and
deleted text end
deleted text begin
(4) effective August 1, 2005, the payments in paragraph (b), clause (3), shall be
reduced to zero.
deleted text end
deleted text begin
(c) The commissioner shall adjust rates paid to a health maintenance organization
under contract with the commissioner to reflect rate increases provided in paragraph (b),
clauses (1) and (2), on a nondiscounted hospital-specific basis but shall not adjust those
rates to reflect payments provided in clause (3).
deleted text end
deleted text begin
(d) If federal matching funds are not available for all adjustments under paragraph
(b), the commissioner shall reduce payments under paragraph (b), clauses (1) and (2), on a
pro rata basis so that all adjustments under paragraph (b) qualify for federal match.
deleted text end
deleted text begin
(e) For purposes of this subdivision, medical assistance does not include general
assistance medical care.
deleted text end
deleted text begin
(f) For hospital services occurring on or after July 1, 2005, to June 30, 2007:
deleted text end
deleted text begin
(1) general assistance medical care expenditures for fee-for-service inpatient and
outpatient hospital payments made by the department shall be considered Medicaid
disproportionate share hospital payments, except as limited below:
deleted text end
deleted text begin
(i) only the portion of Minnesota's disproportionate share hospital allotment under
section 1923(f) of the Social Security Act that is not spent on the disproportionate
population adjustments in paragraph (b), clauses (1) and (2), may be used for general
assistance medical care expenditures;
deleted text end
deleted text begin
(ii) only those general assistance medical care expenditures made to hospitals that
qualify for disproportionate share payments under section 1923 of the Social Security Act
and the Medicaid state plan may be considered disproportionate share hospital payments;
deleted text end
deleted text begin
(iii) only those general assistance medical care expenditures made to an individual
hospital that would not cause the hospital to exceed its individual hospital limits under
section 1923 of the Social Security Act may be considered; and
deleted text end
deleted text begin
(iv) general assistance medical care expenditures may be considered only to the
extent of Minnesota's aggregate allotment under section 1923 of the Social Security Act.
deleted text end
deleted text begin
All hospitals and prepaid health plans participating in general assistance medical care
must provide any necessary expenditure, cost, and revenue information required by the
commissioner as necessary for purposes of obtaining federal Medicaid matching funds for
general assistance medical care expenditures; and
deleted text end
deleted text begin (2)deleted text end new text begin (c)new text end Certified public expenditures made by Hennepin County Medical Center shall
be considered Medicaid disproportionate share hospital payments. Hennepin County
and Hennepin County Medical Center shall report by June 15, 2007, on payments made
beginning July 1, 2005, or another date specified by the commissioner, that may qualify
for reimbursement under federal law. Based on these reports, the commissioner shall
apply for federal matching funds.
deleted text begin (g)deleted text end new text begin (d)new text end Upon federal approval of the related state plan amendment, paragraph deleted text begin (f)deleted text end new text begin (c)
new text end is effective retroactively from July 1, 2005, or the earliest effective date approved by the
Centers for Medicare and Medicaid Services.
Sec. 21.
Minnesota Statutes 2012, section 256.969, subdivision 10, is amended to read:
Subd. 10.
Separate billing by certified registered nurse anesthetists.
Hospitals
deleted text begin maydeleted text end new text begin mustnew text end exclude certified registered nurse anesthetist costs from the operating payment
rate deleted text begin as allowed by section 256B.0625, subdivision 11. To be eligible, a hospital must
notify the commissioner in writing by October 1 of even-numbered years to exclude
certified registered nurse anesthetist costs. The hospital must agree that all hospital
claims for the cost and charges of certified registered nurse anesthetist services will not
be included as part of the rates for inpatient services provided during the rate year. In
this case, the operating payment rate shall be adjusted to exclude the cost of certified
registered nurse anesthetist servicesdeleted text end .
deleted text begin
For admissions occurring on or after July 1, 1991, and until the expiration date of
section 256.9695, subdivision 3, services of certified registered nurse anesthetists provided
on an inpatient basis may be paid as allowed by section 256B.0625, subdivision 11, when
the hospital's base year did not include the cost of these services. To be eligible, a hospital
must notify the commissioner in writing by July 1, 1991, of the request and must comply
with all other requirements of this subdivision.
deleted text end
Sec. 22.
Minnesota Statutes 2012, section 256.969, subdivision 12, is amended to read:
Subd. 12.
Rehabilitation distinct parts.
new text begin (a) new text end Units of hospitals that are recognized
as rehabilitation distinct parts by the Medicare program shall have separate provider
numbers under the medical assistance program for rate establishment and billing
purposes only. These units shall also have operating deleted text begin and propertydeleted text end payment rates and the
disproportionate population adjustment, if allowed by federal law, established separately
from other inpatient hospital services.
new text begin (b)new text end The commissioner deleted text begin maydeleted text end new text begin shallnew text end establish separate relative values under subdivision
2 for rehabilitation hospitals and distinct parts as defined by the Medicare program.
new text begin Effective for discharges on or after September 1, 2014, the commissioner, to the extent
possible, shall replicate the existing payment rate methodology under the new diagnostic
classification system. The result must be budget neutral, ensuring that the total aggregate
payments under the new system are equal to the total aggregate payments made for the
same number and types of services in the base year, state fiscal year 2012.
new text end
new text begin (c)new text end For individual hospitals that did not have separate medical assistance
rehabilitation provider numbers or rehabilitation distinct parts in the base year, hospitals
shall provide the information needed to separate rehabilitation distinct part cost and claims
data from other inpatient service data.
Sec. 23.
Minnesota Statutes 2012, section 256.969, subdivision 14, is amended to read:
Subd. 14.
Transfers.
deleted text begin Except as provided in subdivisions 11 and 13,deleted text end new text begin (a)new text end Operating
and property payment rates for admissions that result in transfers and transfers shall be
established on a per day payment system. The per day payment rate shall be the sum of
the adjusted operating and property payment rates determined under this subdivision and
subdivisions 2, 2b, deleted text begin 2c,deleted text end 3a, 4a, 5a, and 7 to 12, divided by the arithmetic mean length of
stay for the diagnostic category. Each admission that results in a transfer and each transfer
is considered a separate admission to each hospital, and the total of the admission and
transfer payments to each hospital must not exceed the total per admission payment that
would otherwise be made to each hospital under this subdivision and subdivisions 2, 2b,
deleted text begin 2c,deleted text end 3a, 4a, 5a, and deleted text begin 7 to 13deleted text end new text begin 8 to 12new text end .
new text begin
(b) Effective for transfers occurring on and after September 1, 2014, the commissioner
shall establish payment rates for acute transfers that are based on Medicare methodologies.
new text end
Sec. 24.
Minnesota Statutes 2012, section 256.969, subdivision 17, is amended to read:
Subd. 17.
Out-of-state hospitals in local trade areas.
Out-of-state hospitals that
are located within a Minnesota local trade area and that have more than 20 admissions in
the base year new text begin or years new text end shall have rates established using the same procedures and methods
that apply to Minnesota hospitals. For this subdivision and subdivision 18, local trade area
means a county contiguous to Minnesota and located in a metropolitan statistical area as
determined by Medicare for October 1 prior to the most current rebased rate year. Hospitals
that are not required by law to file information in a format necessary to establish rates shall
have rates established based on the commissioner's estimates of the information. Relative
values of the diagnostic categories shall not be redetermined under this subdivision until
required by deleted text begin ruledeleted text end new text begin statutenew text end . Hospitals affected by this subdivision shall then be included in
determining relative values. However, hospitals that have rates established based upon
the commissioner's estimates of information shall not be included in determining relative
values. This subdivision is effective for hospital fiscal years beginning on or after July
1, 1988. A hospital shall provide the information necessary to establish rates under this
subdivision at least 90 days before the start of the hospital's fiscal year.
Sec. 25.
Minnesota Statutes 2012, section 256.969, subdivision 18, is amended to read:
Subd. 18.
Out-of-state hospitals outside local trade areas.
Hospitals that are
not located within Minnesota or a Minnesota local trade area shall have deleted text begin operating and
propertydeleted text end new text begin inpatient hospitalnew text end rates established at the average of statewide and local trade area
rates or, at the commissioner's discretion, at an amount negotiated by the commissioner.
Relative values shall not include data from hospitals that have rates established under this
subdivision. Payments, including third-party and recipient liability, established under this
subdivision may not exceed the charges on a claim specific basis for inpatient services that
are covered by medical assistance.
Sec. 26.
Minnesota Statutes 2012, section 256.969, subdivision 25, is amended to read:
Subd. 25.
Long-term hospital rates.
new text begin
(a) Long-term hospitals shall be paid a per
diem rate established by the commissioner.
new text end
new text begin (b) new text end For admissions occurring on or after April 1, 1995, a long-term hospital as
designated by Medicare that does not have admissions in the base year shall have
inpatient rates established at the average of other hospitals with the same designation. For
subsequent rate-setting periods in which base years are updated, the hospital's base year
shall be the first Medicare cost report filed with the long-term hospital designation and
shall remain in effect until it falls within the same period as other hospitals.
Sec. 27.
Minnesota Statutes 2012, section 256.969, subdivision 30, is amended to read:
Subd. 30.
Payment rates for births.
(a) For admissions occurring on or after
deleted text begin October 1, 2009,deleted text end new text begin September 1, 2014, new text end the total operating and property payment rate,
excluding disproportionate population adjustment, for the following diagnosis-related
groups, as they fall within the deleted text begin diagnosticdeleted text end new text begin APR-DRGnew text end categoriesdeleted text begin : (1) 371 cesarean section
without complicating diagnosis; (2) 372 vaginal delivery with complicating diagnosis;
and (3) 373 vaginal delivery without complicating diagnosis,deleted text end new text begin 5401, 5402, 5403, and 5404
cesarean section,new text end shall be no greater than $3,528.
(b) The rates described in this subdivision do not include newborn care.
(c) Payments to managed care and county-based purchasing plans under section
256B.69, 256B.692, or 256L.12 shall be reduced for services provided on or after October
1, 2009, to reflect the adjustments in paragraph (a).
(d) Prior authorization shall not be required before reimbursement is paid for a
cesarean section delivery.
Sec. 28.
Minnesota Statutes 2012, section 256B.04, is amended by adding a
subdivision to read:
new text begin Subd. 24. new text end
new text begin Medicaid waiver requests and state plan amendments. new text end
new text begin
Prior to
submitting any Medicaid waiver request or Medicaid state plan amendment to the federal
government for approval, the commissioner shall publish the text of the waiver request or
state plan amendment, and a summary of and explanation of the need for the request, on
the agency's Web site and provide a 30-day public comment period. The commissioner
shall notify the public of the availability of this information through the agency's electronic
subscription service. The commissioner shall consider public comments when preparing
the final waiver request or state plan amendment that is to be submitted to the federal
government for approval. The commissioner shall also publish on the agency's Web site
notice of any federal decision related to the state request for approval, within 30 days of
the decision. This notice must describe any modifications to the state request that have
been agreed to by the commissioner as a condition of receiving federal approval.
new text end
Sec. 29.
Minnesota Statutes 2013 Supplement, section 256B.056, subdivision 5c,
is amended to read:
Subd. 5c.
Excess income standard.
(a) The excess income standard for parents
and caretaker relatives, pregnant women, infants, and children ages two through 20 is the
standard specified in subdivision 4, paragraph (b).
(b) The excess income standard for a person whose eligibility is based on blindness,
disability, or age of 65 or more years shall equal 75 percent of the federal poverty
guidelines.new text begin The excess income standard under this paragraph shall equal 80 percent of
the federal poverty guidelines, effective January 1, 2017.
new text end
Sec. 30.
Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 17,
is amended to read:
Subd. 17.
Transportation costs.
new text begin
(a) "Nonemergency medical transportation
service" means motor vehicle transportation provided by a public or private person
that serves Minnesota health care program beneficiaries who do not require emergency
ambulance service, as defined in section 144E.001, subdivision 3, to obtain covered
medical services. Nonemergency medical transportation service includes, but is not
limited to, special transportation service, defined in section 174.29, subdivision 1.
new text end
deleted text begin (a)deleted text end new text begin (b) new text end Medical assistance covers medical transportation costs incurred solely for
obtaining emergency medical care or transportation costs incurred by eligible persons in
obtaining emergency or nonemergency medical care when paid directly to an ambulance
company, common carrier, or other recognized providers of transportation services.
Medical transportation must be provided by:
(1) deleted text begin an ambulancedeleted text end new text begin nonemergency medical transportation providers who meet the
requirements of this subdivision;
new text end
new text begin (2) ambulancesnew text end , as defined in section 144E.001, subdivision 2;
deleted text begin
(2) special transportation; or
deleted text end
(3) deleted text begin common carrier including, but not limited to, bus, taxicab, other commercial
carrier, or private automobiledeleted text end new text begin taxicabs and public transit, as defined in section 174.22,
subdivision 7; or
new text end
new text begin (4) not-for-hire vehicles, including volunteer driversnew text end .
deleted text begin (b)deleted text end new text begin (c) new text end Medical assistance covers deleted text begin special transportation, as defined in Minnesota
Rules, part 9505.0315, subpart 1, item F, if the recipient has a physical or mental
impairment that would prohibit the recipient from safely accessing and using a bus,
taxi, other commercial transportation, or private automobile.deleted text end new text begin nonemergency medical
transportation provided by nonemergency medical transportation providers enrolled in
the Minnesota health care programs. All nonemergency medical transportation providers
must comply with the operating standards for special transportation service as defined in
sections 174.29 to 174.30 and Minnesota Rules, chapter 8840, and in consultation with
the Minnesota Department of Transportation. All nonemergency medical transportation
providers shall bill for nonemergency medical transportation services in accordance with
Minnesota health care programs criteria. Publicly operated transit systems, volunteers,
and not-for-hire vehicles are exempt from the requirements outlined in this paragraph.
new text end
new text begin
(d) The administrative agency of nonemergency medical transportation must:
new text end
new text begin
(1) adhere to the policies defined by the commissioner in consultation with the
Nonemergency Medical Transportation Advisory Committee;
new text end
new text begin
(2) pay nonemergency medical transportation providers for services provided to
Minnesota health care programs beneficiaries to obtain covered medical services;
new text end
new text begin
(3) provide data monthly to the commissioner on appeals, complaints, no-shows,
canceled trips, and number of trips by mode; and
new text end
new text begin
(4) by July 1, 2016, in accordance with subdivision 18e, utilize a Web-based single
administrative structure assessment tool that meets the technical requirements established
by the commissioner, reconciles trip information with claims being submitted by
providers, and ensures prompt payment for nonemergency medical transportation services.
new text end
new text begin
(e) Until the commissioner implements the single administrative structure and
delivery system under subdivision 18e, clients shall obtain their level-of-service certificate
from the commissioner or an entity approved by the commissioner that does not dispatch
rides for clients using modes under paragraph (h), clauses (4), (5), (6), and (7).
new text end
new text begin (f) new text end The commissioner may use an order by the recipient's attending physician
new text begin or a medical or mental health professionalnew text end to certify that the recipient requires
deleted text begin special transportation servicesdeleted text end new text begin nonemergency medical transportation servicesnew text end . deleted text begin Special
deleted text end new text begin Nonemergency medical new text end transportation providers shall perform driver-assisted services for
eligible individualsnew text begin , when appropriatenew text end . Driver-assisted service includes passenger pickup
at and return to the individual's residence or place of business, assistance with admittance of
the individual to the medical facility, and assistance in passenger securement or in securing
of wheelchairs or stretchers in the vehicle. deleted text begin Specialdeleted text end new text begin Nonemergency medical new text end transportation
providers must deleted text begin obtain written documentation from the health care service provider who
is serving the recipient being transported, identifying the time that the recipient arrived.
Specialdeleted text end new text begin have trip logs, which include pickup and drop-off times, signed by the medical
provider or client attesting mileage traveled to obtain covered medical services, whichever
is deemed most appropriate. Nonemergency medical new text end transportation providers may not bill
for separate base rates for the continuation of a trip beyond the original destination. deleted text begin Special
deleted text end new text begin Nonemergency medical new text end transportation providers must take deleted text begin recipientsdeleted text end new text begin clients new text end to the health
care provider, using the most direct route, and must not exceed 30 miles for a trip to a
primary care provider or 60 miles for a trip to a specialty care provider, unless the deleted text begin recipient
deleted text end new text begin client new text end receives authorization from the local agency. The minimum medical assistance
reimbursement rates for deleted text begin special transportationdeleted text end new text begin nonemergency medical new text end services are:
(1)(i) $17 for the base rate and $1.35 per mile for deleted text begin special transportation
deleted text end new text begin nonemergency medical new text end services to eligible persons who need a wheelchair-accessible van;
(ii) $11.50 for the base rate and $1.30 per mile for deleted text begin specialdeleted text end new text begin nonemergency medical
new text end transportation services to eligible persons who do not need a wheelchair-accessible van; and
(iii) $60 for the base rate and $2.40 per mile, and an attendant rate of $9 per trip,
for deleted text begin specialdeleted text end new text begin nonemergency medical new text end transportation services to eligible persons who need a
stretcher-accessible vehicle;
(2) new text begin clients requesting client mileage reimbursement must sign the trip log attesting
mileage traveled to obtain covered medical services.
new text end
new text begin
(g) By July 1, 2015, the commissioner shall determine reimbursement for the
modes under this paragraph and paragraphs (h) and (i), using existing rates in paragraph
(f). The covered modes of nonemergency medical transportation include transportation
provided directly by clients or family members of clients with their own transportation,
volunteers using their own vehicles, taxicabs, and public transit, or provided to a client
who needs a stretcher-accessible vehicle, a lift/ramp equipped vehicle, a vehicle that is not
stretcher-accessible or lift/ramp equipped designed to transport seven or fewer persons,
and a protected vehicle that is not an ambulance or police car and has safety locks, a
video recorder, and a transparent thermoplastic partition between the passenger and the
vehicle driver.
new text end
new text begin
(h) The administrative agency shall use the level of service process established
by the commissioner in consultation with the Nonemergency Medical Transportation
Advisory Committee to determine the client's most appropriate mode of transportation.
If public transit or a certified transportation provider is not available to provide the
appropriate service mode for the client, the client may receive a onetime service upgrade.
Clients can be found eligible for the most appropriate of the following modes:
new text end
new text begin
(1) client reimbursement, which includes client mileage reimbursement provided
to clients who have their own transportation or family who provides transportation to
the client;
new text end
new text begin
(2) volunteer transport, which includes transportation by volunteers using their
own vehicle;
new text end
new text begin
(3) unassisted transport, which includes transportation provided to a client by a
taxicab or public transit. If a taxicab or publicly operated transit system is not available,
the client can receive transportation from another nonemergency medical transportation
provider;
new text end
new text begin
(4) assisted transport, which includes transport provided to clients who require
assistance by a nonemergency medical transportation provider;
new text end
new text begin
(5) lift-equipped/ramp transport, which includes transport provided to a client who
is dependent on a device and requires a nonemergency medical transportation provider
with a vehicle containing a lift or ramp;
new text end
new text begin
(6) protected transport, which includes transport to a client who has received a
prescreening that has deemed other forms of transportation inappropriate and who requires
a provider certified as a protected transport provider; and
new text end
new text begin
(7) stretcher transport, which includes transport for a client in a prone or supine
position and requires a nonemergency medical transportation provider with a vehicle that
can transport a client in a prone or supine position.
new text end
new text begin
(i) By July 1, 2015, local agencies shall administer and reimburse for modes within
existing appropriations defined in paragraph (h), clauses (1) to (3). The commissioner
shall administer and reimburse for modes within existing appropriations defined in
paragraph (h), clauses (4) to (7). In accordance with subdivision 18e, by July 1, 2016, the
local agency shall be the single administrative agency and shall administer and reimburse
for modes defined in paragraph (h), clauses (1), (2), (3), (4), (5), (6), and (7).
new text end
new text begin
(j) The commissioner shall:
new text end
new text begin
(1) in consultation with the Nonemergency Medical Transportation Advisory
Committee, verify that the mode and use of nonemergency medical transportation is
appropriate;
new text end
new text begin
(2) verify that the client is going to an approved medical appointment; and
new text end
new text begin
(3) investigate all complaints and appeals.
new text end
new text begin
(k) The administrative agency shall pay for the services provided in this subdivision
and seek reimbursement from the commissioner if appropriate. As vendors of medical care,
local agencies are subject to the provisions in section 256B.041, the sanctions and monetary
recovery actions in section 256B.064, and Minnesota Rules parts 9505.2160 to 9505.2245.
new text end
new text begin (l) new text end The base rates for deleted text begin specialdeleted text end new text begin nonemergency medical new text end transportation services in areas
defined under RUCA to be super rural shall be equal to the reimbursement rate established
in new text begin paragraph (f), new text end clause (1)new text begin , new text end plus 11.3 percentdeleted text begin ;deleted text end new text begin , new text end and
deleted text begin (3)deleted text end for deleted text begin specialdeleted text end new text begin nonemergency medical new text end transportation services in areas defined under
RUCA to be rural or super rural areas:
(i) for a trip equal to 17 miles or less, mileage reimbursement shall be equal to 125
percent of the respective mileage rate in new text begin paragraph (f), new text end clause (1); and
(ii) for a trip between 18 and 50 miles, mileage reimbursement shall be equal to
112.5 percent of the respective mileage rate in new text begin paragraph (f), new text end clause (1).
deleted text begin (c)deleted text end new text begin (m) new text end For purposes of reimbursement rates for deleted text begin specialdeleted text end new text begin nonemergency medical
new text end transportation services under paragraph (b), the zip code of the recipient's place of residence
shall determine whether the urban, rural, or super rural reimbursement rate applies.
deleted text begin (d)deleted text end new text begin (n) new text end For purposes of this subdivision, "rural urban commuting area" or "RUCA"
means a census-tract based classification system under which a geographical area is
determined to be urban, rural, or super rural.
deleted text begin (e)deleted text end new text begin (o) new text end Effective for services provided on or after September 1, 2011, nonemergency
transportation rates, including deleted text begin specialdeleted text end new text begin nonemergency medical new text end transportation, taxi, and
other commercial carriers, are reduced 4.5 percent. Payments made to managed care plans
and county-based purchasing plans must be reduced for services provided on or after
January 1, 2012, to reflect this reduction.
new text begin
(p) Until July 1, 2016, people using assisted transportation will continue with
their current administrative agency. For people newly assessed as needing assisted
transportation, the local agency will continue to administer assisted transport when
assistance requires door-to-door, and the commissioner will administer assisted transport
when assistance requires door-through-door.
new text end
Sec. 31.
Minnesota Statutes 2012, section 256B.0625, subdivision 18b, is amended to
read:
Subd. 18b.
Broker dispatching prohibition.
The commissioner shall not use a
broker or coordinator for any purpose related to new text begin nonemergency medical new text end transportation
services under subdivision 18.
Sec. 32.
Minnesota Statutes 2012, section 256B.0625, subdivision 18c, is amended to
read:
Subd. 18c.
Nonemergency Medical Transportation Advisory Committee.
(a) The Nonemergency Medical Transportation Advisory Committee shall advise the
commissioner on the administration of nonemergency medical transportation covered
under medical assistance. The advisory committee shall meet at least quarterly new text begin the first
year following January 1, 2015, and at least biannually thereafter new text end and may meet more
frequently as required by the commissioner. The advisory committee shall annually
elect a chair from among its members, who shall work with the commissioner or the
commissioner's designee to establish the agenda for each meeting. The commissioner, or
the commissioner's designee, shall attend all advisory committee meetings.
(b) The Nonemergency Medical Transportation Advisory Committee shall advise
and make recommendations to the commissioner on:
(1) deleted text begin the development of, and periodicdeleted text end updates todeleted text begin , adeleted text end new text begin the nonemergency medical
transportation new text end policy manual deleted text begin for nonemergency medical transportation servicesdeleted text end ;
deleted text begin
(2) policies and a funding source for reimbursing no-load miles;
deleted text end
deleted text begin
(3) policies to prevent waste, fraud, and abuse, and to improve the efficiency of the
nonemergency medical transportation system;
deleted text end
deleted text begin
(4) other issues identified in the 2011 evaluation report by the Office of the
Legislative Auditor on medical nonemergency transportation; and
deleted text end
deleted text begin (5)deleted text end new text begin (2) new text end other aspects of the nonemergency medical transportation system, as
requested by the commissionerdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) other aspects of the nonemergency medical transportation system, as requested by:
new text end
new text begin
(i) a committee member, who may request an item to be placed on the agenda for
a future meeting. The request may be considered by the committee and voted upon.
If the motion carries, the meeting agenda item may be developed for presentation to
the committee; and
new text end
new text begin
(ii) a member of the public, who may approach the committee by letter or e-mail
requesting that an item be placed on a future meeting agenda. The request may be
considered by the committee and voted upon. If the motion carries, the agenda item may
be developed for presentation to the committee.
new text end
(c) The Nonemergency Medical Transportation Advisory Committee shall
coordinate its activities with the Minnesota Council on Transportation Access established
under section 174.285. The chair of the advisory committee, or the chair's designee, shall
attend all meetings of the Minnesota Council on Transportation Access.
(d) The Nonemergency Medical Transportation Advisory Committee shall expire
December 1, deleted text begin 2014deleted text end new text begin 2019new text end .
Sec. 33.
Minnesota Statutes 2012, section 256B.0625, subdivision 18d, is amended to
read:
Subd. 18d.
Advisory committee members.
(a) The Nonemergency Medical
Transportation Advisory Committee consists of:
(1) deleted text begin two voting members who represent counties, at least one of whom must represent
a county or counties other than Anoka, Carver, Chisago, Dakota, Hennepin, Isanti,
Ramsey, Scott, Sherburne, Washington, and Wrightdeleted text end new text begin four voting members who represent
counties, utilizing the rural urban commuting area classification system. As defined in
subdivision 17, these members shall be designated as follows:
new text end
new text begin
(i) two counties within the 11-county metropolitan area;
new text end
new text begin
(ii) one county representing the rural area of the state; and
new text end
new text begin
(iii) one county representing the super rural area of the state.
new text end
new text begin The Association of Minnesota Counties shall appoint one county within the 11-county
metropolitan area and one county representing the super rural area of the state. The
Minnesota Inter-County Association shall appoint one county within the 11-county
metropolitan area and one county representing the rural area of the statenew text end ;
(2) deleted text begin fourdeleted text end new text begin three new text end voting members who represent medical assistance recipients, including
persons with physical and developmental disabilities, persons with mental illness, seniors,
children, and low-income individuals;
(3) four voting members who represent providers that deliver nonemergency medical
transportation services to medical assistance enrollees;
(4) two voting members of the house of representatives, one from the majority
party and one from the minority party, appointed by the speaker of the house, and two
voting members from the senate, one from the majority party and one from the minority
party, appointed by the Subcommittee on Committees of the Committee on Rules and
Administration;
(5) one voting member who represents demonstration providers as defined in section
256B.69, subdivision 2;
(6) one voting member who represents an organization that contracts with state or
local governments to coordinate transportation services for medical assistance enrollees;
deleted text begin and
deleted text end
(7) new text begin one voting member who represents the Minnesota State Council on Disability;
new text end
new text begin (8) new text end the commissioner of transportation or the commissioner's designee, who shall
serve as a voting membernew text begin ;
new text end
new text begin
(9) one voting member appointed by the Minnesota Ambulance Association; and
new text end
new text begin (10) one voting member appointed by the Minnesota Hospital Associationnew text end .
(b) Members of the advisory committee shall not be employed by the Department of
Human Services. Members of the advisory committee shall receive no compensation.
Sec. 34.
Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 18e,
is amended to read:
Subd. 18e.
Single administrative structure and delivery system.
deleted text begin (a)deleted text end The
commissioner shall implement a single administrative structure and delivery system
for nonemergency medical transportation, beginning new text begin the latter of the date the single
administrative assessment tool required in this paragraph is available for use, as
determined by the commissioner or by new text end July 1, deleted text begin 2014deleted text end new text begin 2016new text end . deleted text begin The single administrative
structure and delivery system must:
deleted text end
deleted text begin
(1) eliminate the distinction between access transportation services and special
transportation services;
deleted text end
deleted text begin
(2) enable all medical assistance recipients to follow the same process to obtain
nonemergency medical transportation, regardless of their level of need;
deleted text end
deleted text begin
(3) provide a single oversight framework for all providers of nonemergency medical
transportation; and
deleted text end
deleted text begin
(4) provide flexibility in service delivery, recognizing that clients fall along a
continuum of needs and resources.
deleted text end
deleted text begin
(b) The commissioner shall present to the legislature, by January 15, 2014,
legislation necessary to implement the single administrative structure and delivery system
for nonemergency medical transportation.
deleted text end
deleted text begin
(c) In developing the single administrative structure and delivery system and the draft
legislation, the commissioner shall consult with the Nonemergency Medical Transportation
Advisory Committee.
deleted text end
new text begin
In coordination with the Department of Transportation, the
commissioner shall develop and authorize a Web-based single administrative structure
and assessment tool, which must operate 24 hours a day, seven days a week, to facilitate
the enrollee assessment process for nonemergency medical transportation services.
The Web-based tool shall facilitate the transportation eligibility determination process
initiated by clients and client advocates; shall include an accessible automated intake
and assessment process and real-time identification of level of service eligibility; and
shall authorize an appropriate and auditable mode of transportation authorization. The
tool shall provide a single framework for reconciling trip information with claiming and
collecting complaints regarding inappropriate level of need determinations, inappropriate
transportation modes utilized, and interference with accessing nonemergency medical
transportation. The Web-based single administrative structure shall operate on a trial
basis for one year from implementation and, if approved by the commissioner, shall be
permanent thereafter. The commissioner shall seek input from the Nonemergency Medical
Transportation Advisory Committee to ensure the software is effective and user-friendly
and make recommendations regarding funding of the single administrative system.
new text end
Sec. 35.
Minnesota Statutes 2012, section 256B.0625, subdivision 18g, is amended to
read:
Subd. 18g.
Use of standardized measures.
deleted text begin The commissioner, in consultation
with the Nonemergency Medical Transportation Advisory Committee, shall establish
performance measures to assess the cost-effectiveness and quality of nonemergency
medical transportation. At a minimum, performance measures should include the number
of unique participants served by type of transportation provider, number of trips provided
by type of transportation provider, and cost per trip by type of transportation provider. The
commissioner must also consider the measures identified in the January 2012 Department
of Human Services report to the legislature on nonemergency medical transportation.
deleted text end Beginning in calendar year deleted text begin 2013deleted text end new text begin 2015new text end , the commissioner shall collect, audit, and analyze
performance data on nonemergency medical transportation annually and report this
information on the agency's Web site. The commissioner shall periodically supplement
this information with the results of consumer surveys of the quality of services, and shall
make these survey findings available to the public on the agency Web site.
Sec. 36.
Minnesota Statutes 2012, section 256B.0625, is amended by adding a
subdivision to read:
new text begin Subd. 18h. new text end
new text begin Managed care. new text end
new text begin
The following subdivisions do not apply to managed
care plans and county-based purchasing plans:
new text end
new text begin
(1) subdivision 17, paragraphs (d) to (k);
new text end
new text begin
(2) subdivision 18e; and
new text end
new text begin
(3) subdivision 18g.
new text end
Sec. 37.
Minnesota Statutes 2012, section 256B.0625, subdivision 30, is amended to
read:
Subd. 30.
Other clinic services.
(a) Medical assistance covers rural health clinic
services, federally qualified health center services, nonprofit community health clinic
services, and public health clinic services. Rural health clinic services and federally
qualified health center services mean services defined in United States Code, title 42,
section 1396d(a)(2)(B) and (C). Payment for rural health clinic and federally qualified
health center services shall be made according to applicable federal law and regulation.
(b) A federally qualified health center that is beginning initial operation shall submit
an estimate of budgeted costs and visits for the initial reporting period in the form and
detail required by the commissioner. A federally qualified health center that is already in
operation shall submit an initial report using actual costs and visits for the initial reporting
period. Within 90 days of the end of its reporting period, a federally qualified health
center shall submit, in the form and detail required by the commissioner, a report of
its operations, including allowable costs actually incurred for the period and the actual
number of visits for services furnished during the period, and other information required
by the commissioner. Federally qualified health centers that file Medicare cost reports
shall provide the commissioner with a copy of the most recent Medicare cost report filed
with the Medicare program intermediary for the reporting year which support the costs
claimed on their cost report to the state.
(c) In order to continue cost-based payment under the medical assistance program
according to paragraphs (a) and (b), a federally qualified health center or rural health clinic
must apply for designation as an essential community provider within six months of final
adoption of rules by the Department of Health according to section 62Q.19, subdivision
7. For those federally qualified health centers and rural health clinics that have applied
for essential community provider status within the six-month time prescribed, medical
assistance payments will continue to be made according to paragraphs (a) and (b) for the
first three years after application. For federally qualified health centers and rural health
clinics that either do not apply within the time specified above or who have had essential
community provider status for three years, medical assistance payments for health services
provided by these entities shall be according to the same rates and conditions applicable
to the same service provided by health care providers that are not federally qualified
health centers or rural health clinics.
(d) Effective July 1, 1999, the provisions of paragraph (c) requiring a federally
qualified health center or a rural health clinic to make application for an essential
community provider designation in order to have cost-based payments made according
to paragraphs (a) and (b) no longer apply.
(e) Effective January 1, 2000, payments made according to paragraphs (a) and (b)
shall be limited to the cost phase-out schedule of the Balanced Budget Act of 1997.
(f) Effective January 1, 2001, each federally qualified health center and rural health
clinic may elect to be paid either under the prospective payment system established
in United States Code, title 42, section 1396a(aa), or under an alternative payment
methodology consistent with the requirements of United States Code, title 42, section
1396a(aa), and approved by the Centers for Medicare and Medicaid Services. The
alternative payment methodology shall be 100 percent of cost as determined according to
Medicare cost principles.
(g) For purposes of this section, "nonprofit community clinic" is a clinic that:
(1) has nonprofit status as specified in chapter 317A;
(2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3);
(3) is established to provide health services to low-income population groups,
uninsured, high-risk and special needs populations, underserved and other special needs
populations;
(4) employs professional staff at least one-half of which are familiar with the
cultural background of their clients;
(5) charges for services on a sliding fee scale designed to provide assistance to
low-income clients based on current poverty income guidelines and family size; and
(6) does not restrict access or services because of a client's financial limitations or
public assistance status and provides no-cost care as needed.
new text begin
(h) Effective for dates of service on and after January 1, 2015, all claims for payment
of clinic services provided by federally qualified health centers and rural health clinics
shall be submitted directly to the commissioner and paid by the commissioner. The
commissioner shall provide claims information received by the commissioner under
this paragraph for recipients enrolled in managed care to managed care organizations
on a regular basis.
new text end
new text begin
(i) For clinic services provided prior to January 1, 2015, the commissioner shall
calculate and pay monthly the proposed managed care supplemental payments to clinics
and clinics shall conduct a timely review of the payment calculation data in order to
finalize all supplemental payments in accordance with federal law. Any issues arising
from a clinic's review must be reported to the commissioner by January 1, 2017. Upon
final agreement between the commissioner and a clinic on issues identified under this
subdivision, and in accordance with United States Code, title 42, section 1396a(bb), no
supplemental payments for managed care claims for dates of service prior to January 1,
2015, shall be made after June 30, 2017. If the commissioner and clinics are unable to
resolve issues under this subdivision, the parties shall submit the dispute to the arbitration
process under section 14.57.
new text end
Sec. 38.
Minnesota Statutes 2012, section 256B.0751, is amended by adding a
subdivision to read:
new text begin Subd. 10. new text end
new text begin Health care homes advisory committee. new text end
new text begin
(a) The commissioners of
health and human services shall establish a health care homes advisory committee to
advise the commissioners on the ongoing statewide implementation of the health care
homes program authorized in this section.
new text end
new text begin
(b) The commissioners shall establish an advisory committee that includes
representatives of the health care professions such as primary care providers; mental
health providers; nursing and care coordinators; certified health care home clinics with
statewide representation; health plan companies; state agencies; employers; academic
researchers; consumers; and organizations that work to improve health care quality in
Minnesota. At least 25 percent of the committee members must be consumers or patients
in health care homes. The commissioners, in making appointments to the committee, shall
ensure geographic representation of all regions of the state.
new text end
new text begin
(c) The advisory committee shall advise the commissioners on ongoing
implementation of the health care homes program, including, but not limited to, the
following activities:
new text end
new text begin
(1) implementation of certified health care homes across the state on performance
management and implementation of benchmarking;
new text end
new text begin
(2) implementation of modifications to the health care homes program based on
results of the legislatively mandated health care home evaluation;
new text end
new text begin
(3) statewide solutions for engagement of employers and commercial payers;
new text end
new text begin
(4) potential modifications of the health care home rules or statutes;
new text end
new text begin
(5) consumer engagement, including patient and family-centered care, patient
activation in health care, and shared decision making;
new text end
new text begin
(6) oversight for health care home subject matter task forces or workgroups; and
new text end
new text begin
(7) other related issues as requested by the commissioners.
new text end
new text begin
(d) The advisory committee shall have the ability to establish subcommittees on
specific topics. The advisory committee is governed by section 15.059. Notwithstanding
section 15.059, the advisory committee does not expire.
new text end
Sec. 39.
Minnesota Statutes 2012, section 256B.199, is amended to read:
256B.199 PAYMENTS REPORTED BY GOVERNMENTAL ENTITIES.
(a) deleted text begin Effective July 1, 2007,deleted text end The commissioner shall apply for federal matching
funds for the expenditures in paragraphs (b) and (c). deleted text begin Effective September 1, 2011, the
commissioner shall apply for matching funds for expenditures in paragraph (e).
deleted text end
(b) The commissioner shall apply for federal matching funds for certified public
expenditures as follows:
(1) Hennepin County, Hennepin County Medical Center, Ramsey County,new text begin and
new text end Regions Hospitaldeleted text begin , the University of Minnesota, and Fairview-University Medical Center
deleted text end shall report quarterly to the commissioner beginning June 1, 2007, payments made during
the second previous quarter that may qualify for reimbursement under federal law;
(2) based on these reports, the commissioner shall apply for federal matching
fundsdeleted text begin . These funds are appropriated to the commissioner for the payments under section
256.969, subdivision 27deleted text end ; and
(3) by May 1 of each year, beginning May 1, 2007, the commissioner shall inform
the nonstate entities listed in paragraph (a) of the amount of federal disproportionate share
hospital payment money expected to be available in the current federal fiscal year.
deleted text begin
(c) The commissioner shall apply for federal matching funds for general assistance
medical care expenditures as follows:
deleted text end
deleted text begin
(1) for hospital services occurring on or after July 1, 2007, general assistance medical
care expenditures for fee-for-service inpatient and outpatient hospital payments made by
the department shall be used to apply for federal matching funds, except as limited below:
deleted text end
deleted text begin
(i) only those general assistance medical care expenditures made to an individual
hospital that would not cause the hospital to exceed its individual hospital limits under
section 1923 of the Social Security Act may be considered; and
deleted text end
deleted text begin
(ii) general assistance medical care expenditures may be considered only to the extent
of Minnesota's aggregate allotment under section 1923 of the Social Security Act; and
deleted text end
deleted text begin
(2) all hospitals must provide any necessary expenditure, cost, and revenue
information required by the commissioner as necessary for purposes of obtaining federal
Medicaid matching funds for general assistance medical care expenditures.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end For the period from April 1, 2009, to September 30, 2010, the commissioner
shall apply for additional federal matching funds available as disproportionate share
hospital payments under the American Recovery and Reinvestment Act of 2009. deleted text begin These
funds shall be made available as the state share of payments under section 256.969,
subdivision 28.deleted text end The entities required to report certified public expenditures under
paragraph (b), clause (1), shall report additional certified public expenditures as necessary
under this paragraph.
deleted text begin (e)deleted text end new text begin (d)new text end For services provided on or after September 1, 2011, the commissioner shall
apply for additional federal matching funds available as disproportionate share hospital
payments under the MinnesotaCare program deleted text begin according to the requirements and conditions
of paragraph (c)deleted text end . A hospital may elect on an annual basis to not be a disproportionate
share hospital for purposes of this paragraph, if the hospital does not qualify for a payment
under section 256.969, subdivision 9, paragraph (b).
Sec. 40.
Minnesota Statutes 2012, section 256B.35, subdivision 1, is amended to read:
Subdivision 1.
Personal needs allowance.
(a) Notwithstanding any law to the
contrary, welfare allowances for clothing and personal needs for individuals receiving
medical assistance while residing in any skilled nursing home, intermediate care facility,
or medical institution including recipients of Supplemental Security Income, in this state
shall not be less than $45 per month from all sources. When benefit amounts for Social
Security or Supplemental Security Income recipients are increased pursuant to United
States Code, title 42, sections 415(i) and 1382f, the commissioner shall, effective in the
month in which the increase takes effect, increase by the same percentage to the nearest
whole dollar the clothing and personal needs allowance for individuals receiving medical
assistance while residing in any skilled nursing home, medical institution, or intermediate
care facility. The commissioner shall provide timely notice to local agencies, providers,
and recipients of increases under this provision.
(b) The personal needs allowance may be paid as part of the Minnesota supplemental
aid program, and payments to recipients of Minnesota supplemental aid may be made once
each three months covering liabilities that accrued during the preceding three months.
(c) The personal needs allowance shall be increased to include income garnished
for child support under a court order, up to a maximum of $250 per month but only to
the extent that the amount garnished is not deducted as a monthly allowance for children
under section 256B.0575, paragraph (a), clause (5).
new text begin
(d) Solely for the purpose of section 256B.0575, subdivision 1, paragraph (a), clause
(1), the personal needs allowance shall be increased to include income garnished for
spousal maintenance under a judgment and decree for dissolution of marriage, and any
administrative fees garnished for collection efforts.
new text end
Sec. 41.
Minnesota Statutes 2013 Supplement, section 256B.69, subdivision 34,
is amended to read:
Subd. 34.
Supplemental recovery program.
The commissioner shall conduct a
supplemental recovery program for third-party liabilitiesnew text begin , identified through coordination
of benefits, new text end not recovered by managed care plans and county-based purchasing plans for
state public health programs. Any third-party liability identified new text begin through coordination
of benefits, new text end and recovered by the commissioner more than deleted text begin sixdeleted text end new text begin eight new text end months after the
date a managed care plan or county-based purchasing plan deleted text begin receivesdeleted text end new text begin adjudicatesnew text end a health
care claimnew text begin ,new text end shall be retained by the commissioner and deposited in the general fund.
The commissioner shall establish a mechanismnew text begin , including a reconciliation process, new text end for
managed care plans and county-based purchasing plans to coordinate third-party liability
collections efforts new text begin resulting from coordination of benefits under this subdivision new text end with the
commissioner to ensure there is no duplication of efforts. The coordination mechanism
must be consistent with the reporting requirements in subdivision 9c. new text begin The commissioner
shall share accurate and timely third-party liability data with managed care organizations.
new text end
Sec. 42.
Laws 2013, chapter 108, article 1, section 24, the effective date, is amended to
read:
EFFECTIVE DATE.
This section is effective deleted text begin Januarydeleted text end new text begin Julynew text end 1, 2014.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 43. new text begin MEDICAL ASSISTANCE SPENDDOWN REQUIREMENTS.
new text end
new text begin
The commissioner of human services, in consultation with interested stakeholders,
shall review medical assistance spenddown requirements and processes, including those
used in other states, for individuals with disabilities and seniors age 65 years of age or
older. Based on this review, the commissioner shall recommend alternative medical
assistance spenddown payment requirements and processes that:
new text end
new text begin
(1) are practical for current and potential medical assistance recipients, providers,
and the Department of Human Services;
new text end
new text begin
(2) improve the medical assistance payment process for providers; and
new text end
new text begin
(3) allow current and potential medical assistance recipients to obtain consistent
and affordable medical coverage.
new text end
new text begin
The commissioner shall report these recommendations, along with the projected cost,
to the chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over health and human services policy and finance by November 15, 2015.
new text end
Sec. 44. new text begin PROHIBITION ON USE OF FUNDS.
new text end
new text begin Subdivision 1. new text end
new text begin Use of funds. new text end
new text begin
Funding for state-sponsored health programs shall not
be used for funding abortions, except to the extent necessary for continued participation
in a federal program. For purposes of this section, abortion has the meaning given in
Minnesota Statutes, section 144.343, subdivision 3.
new text end
new text begin Subd. 2. new text end
new text begin Severability. new text end
new text begin
If any one or more provision, section, subdivision, sentence,
clause, phrase, or word of this section or the application of it to any person or circumstance
is found to be unconstitutional, it is declared to be severable and the balance of this section
shall remain effective notwithstanding such unconstitutionality. The legislature intends
that it would have passed this section, and each provision, section, subdivision, sentence,
clause, phrase, or word irrespective of the fact that any one provision, section, subdivision,
sentence, clause, phrase, or word is declared unconstitutional.
new text end
Sec. 45. new text begin STUDY OF MINNESOTACARE FINANCIAL VIABILITY.
new text end
new text begin
The commissioner of human services shall study the financial viability of the
MinnesotaCare program. In conducting the study, the commissioner shall examine:
(1) projected funding and alternative funding sources; (2) the appropriate level of
MinnesotaCare covered services and cost-sharing; (3) projected and actual enrollment
in the program; and (4) other factors the commissioner determines to be relevant. The
commissioner shall present to the legislature, by January 1, 2015, recommendations for
any program and funding changes necessary to ensure that the MinnesotaCare program
remains financially viable and meets the health care needs of enrollees.
new text end
Sec. 46. new text begin WAIVER APPLICATIONS FOR NONEMERGENCY MEDICAL
TRANSPORTATION SERVICE PROVIDERS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following definitions
apply:
new text end
new text begin
(1) "new provider" is a nonemergency medical transportation service provider that
was not required to comply with special transportation service operating standards before
the effective date of this act; and
new text end
new text begin
(2) "commissioner" is the commissioner of human services.
new text end
new text begin Subd. 2. new text end
new text begin Application for and terms of variance. new text end
new text begin
A new provider may apply to the
commissioner, on a form supplied by the commissioner for this purpose, for a variance
from special transportation service operating standards. The commissioner may grant or
deny the variance application. Variances expire on the earlier of, February 1, 2016, or the
date that the commissioner of transportation begins certifying new providers under the
terms of this act and successor legislation.
new text end
new text begin Subd. 3. new text end
new text begin Information concerning variances. new text end
new text begin
The commissioner shall periodically
transmit to the Department of Transportation the number of variance applications received
and the number granted.
new text end
new text begin Subd. 4. new text end
new text begin Report by commissioner of transportation. new text end
new text begin
On or before February
1, 2015, the commissioner of transportation shall report to the chairs and ranking
minority members of the senate and house of representatives committees and divisions
with jurisdiction over transportation and human services concerning implementing this
act. The report must contain recommendations of the commissioner of transportation
concerning statutes, session laws, and rules that must be amended, repealed, enacted, or
adopted to implement the terms of this act. The recommendations must include, without
limitation, the amount of the fee that would be required to cover the costs of Department of
Transportation supervision of inspection and certification, as well as any needed statutory
rulemaking or other authority to be granted to the commissioner of transportation.
new text end
Sec. 47. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2012, sections 256.969, subdivisions 2c, 8b, 9a, 9b, 11, 13,
20, 21, 22, 26, 27, and 28; and 256.9695, subdivisions 3 and 4,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 18f,
new text end
new text begin
is
repealed.
new text end
ARTICLE 26
CHILDREN AND FAMILY SERVICES AND NORTHSTAR
CARE FOR CHILDREN
Section 1.
Minnesota Statutes 2012, section 119B.09, subdivision 9a, is amended to
read:
Subd. 9a.
Child care centers; assistance.
(a) For the purposes of this subdivision,
"qualifying child" means a child who satisfies both of the following:
(1) is not a child or dependent of an employee of the child care provider; and
(2) does not reside with an employee of the child care provider.
(b) Funds distributed under this chapter must not be paid for child care services
that are provided for a child by a child care provider who employs either the parent of
the child or a person who resides with the child, unless at all times at least 50 percent of
the children for whom the child care provider is providing care are qualifying children
under paragraph (a).
(c) If a child care provider satisfies the requirements for payment under paragraph
(b), but the percentage of qualifying children under paragraph (a) for whom the provider
is providing care falls below 50 percent, the provider shall have four weeks to raise the
percentage of qualifying children for whom the provider is providing care to at least 50
percent before payments to the provider are discontinued for child care services provided
for a child who is not a qualifying child.
new text begin
(d) This subdivision is suspended effective the day following final enactment and is
reinstated effective July 1, 2016.
new text end
Sec. 2.
Minnesota Statutes 2012, section 119B.09, is amended by adding a subdivision
to read:
new text begin Subd. 9b. new text end
new text begin Evaluation; new Americans child care center model. new text end
new text begin
(a) The
commissioner of human services shall contract with an agency skilled in cross-cultural
competencies and program evaluation to analyze achievement of children, meaningful
employment of parents, and compliance with state goals for the child care assistance
program, federal requirements under the child care and development fund, and state
licensing laws and rules. The contract shall evaluate the following:
new text end
new text begin
(1) the economic impact of enforcing section 119B.09, subdivision 9a;
new text end
new text begin
(2) the cultural assets of the existing new Americans child care center models;
new text end
new text begin
(3) the educational achievement record of children participating in the existing
new Americans child care center models;
new text end
new text begin
(4) the employability, jobs, and job advancement opportunities created for parents
employed in the existing new Americans child care center models, including movement
into jobs outside of child care centers attended by their children;
new text end
new text begin
(5) the professional development of parents as measured through training and
coaching approved through the Minnesota Center for Professional Development;
new text end
new text begin
(6) the alignment of parental employment within a child care center with state and
federal law and regulation pertaining to the child care assistance program; and
new text end
new text begin
(7) employee experience providing independent care to groups of children other
than their own.
new text end
new text begin
(b) The commissioner shall report the findings of the evaluation and report to the
chairs and ranking minority members of the legislative committees with jurisdiction
over early childhood education and health and human services policy and finance by
January 15, 2016.
new text end
new text begin
(c) $200,000 is appropriated in fiscal year 2015 for the purposes specified in this
subdivision.
new text end
Sec. 3.
Minnesota Statutes 2012, section 245A.03, subdivision 2c, is amended to read:
Subd. 2c.
School-age child care licensing moratorium.
A school-age program
whose sole purpose is to provide only services to school-age children during out-of-school
times is exempt from the human services licensing requirements in this chapter until
July 1, deleted text begin 2014deleted text end new text begin 2015new text end . Nothing in this section prohibits an already licensed school-age-only
program from continuing its license or a school-age program from seeking licensure.
Sec. 4.
Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:
Subd. 5.
Fingerprints.
(a) Except as provided in paragraph (c), for any background
study completed under this chapter, when the commissioner has reasonable cause to
believe that further pertinent information may exist on the subject of the background
study, the subject shall provide the commissioner with a set of classifiable fingerprints
obtained from an authorized agency.
(b) For purposes of requiring fingerprints, the commissioner has reasonable cause
when, but not limited to, the:
(1) information from the Bureau of Criminal Apprehension indicates that the subject
is a multistate offender;
(2) information from the Bureau of Criminal Apprehension indicates that multistate
offender status is undetermined; or
(3) commissioner has received a report from the subject or a third party indicating
that the subject has a criminal history in a jurisdiction other than Minnesota.
(c) Except as specified under section 245C.04, subdivision 1, paragraph (d), for
background studies conducted by the commissioner for child foster care deleted text begin ordeleted text end new text begin ,new text end adoptions,new text begin or a
transfer of permanent legal and physical custody of a child,new text end the subject of the background
study, who is 18 years of age or older, shall provide the commissioner with a set of
classifiable fingerprints obtained from an authorized agency.
Sec. 5.
Minnesota Statutes 2013 Supplement, section 245C.08, subdivision 1, is
amended to read:
Subdivision 1.
Background studies conducted by Department of Human
Services.
(a) For a background study conducted by the Department of Human Services,
the commissioner shall review:
(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);
(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;
(3) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;
(5) except as provided in clause (6), information from the national crime information
system when the commissioner has reasonable cause as defined under section 245C.05,
subdivision 5; and
(6) for a background study related to a child foster care application for licensurenew text begin , a
transfer of permanent legal and physical custody of a child under sections 260C.503 to
260C.515,new text end or adoptions, the commissioner shall also review:
(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and
(ii) information from national crime information databases, when the background
study subject is 18 years of age or older.
(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.
(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that
relates to individuals who have already been studied under this chapter and who remain
affiliated with the agency that initiated the background study.
Sec. 6.
Minnesota Statutes 2012, section 245C.33, subdivision 1, is amended to read:
Subdivision 1.
Background studies conducted by commissioner.
new text begin (a) new text end Before
placement of a child for purposes of adoption, the commissioner shall conduct a
background study on individuals listed in deleted text begin sectiondeleted text end new text begin sectionsnew text end 259.41, subdivision 3,new text begin and
260C.611,new text end for county agencies and private agencies licensed to place children for adoption.
new text begin When a prospective adoptive parent is seeking to adopt a child who is currently placed in
the prospective adoptive parent's home and is under the guardianship of the commissioner
according to section 260C.325, subdivision 1, paragraph (b), and the prospective adoptive
parent holds a child foster care license, a new background study is not required when:
new text end
new text begin
(1) a background study was completed on persons required to be studied under section
245C.03 in connection with the application for child foster care licensure after July 1, 2007;
new text end
new text begin
(2) the background study included a review of the information in section 245C.08,
subdivisions 1, 3, and 4; and
new text end
new text begin
(3) as a result of the background study, the individual was either not disqualified
or, if disqualified, the disqualification was set aside under section 245C.22, or a variance
was issued under section 245C.30.
new text end
new text begin
(b) Before the kinship placement agreement is signed for the purpose of transferring
permanent legal and physical custody to a relative under sections 260C.503 to 260C.515,
the commissioner shall conduct a background study on each person age 13 or older living
in the home. When a prospective relative custodian has a child foster care license, a new
background study is not required when:
new text end
new text begin
(1) a background study was completed on persons required to be studied under section
245C.03 in connection with the application for child foster care licensure after July 1, 2007;
new text end
new text begin
(2) the background study included a review of the information in section 245C.08,
subdivisions 1, 3, and 4; and
new text end
new text begin
(3) as a result of the background study, the individual was either not disqualified or,
if disqualified, the disqualification was set aside under section 245C.22, or a variance was
issued under section 245C.30. The commissioner and the county agency shall expedite any
request for a set aside or variance for a background study required under chapter 256N.
new text end
Sec. 7.
Minnesota Statutes 2012, section 245C.33, subdivision 4, is amended to read:
Subd. 4.
Information commissioner reviews.
(a) The commissioner shall review
the following information regarding the background study subject:
(1) the information under section 245C.08, subdivisions 1, 3, and 4;
(2) information from the child abuse and neglect registry for any state in which the
subject has resided for the past five years; and
(3) information from national crime information databases, when required under
section 245C.08.
(b) The commissioner shall provide any information collected under this subdivision
to the county or private agency that initiated the background study. The commissioner
shall also provide the agency:
(1) notice whether the information collected shows that the subject of the background
study has a conviction listed in United States Code, title 42, section 671(a)(20)(A); and
(2)new text begin for background studies conducted under subdivision 1, paragraph (a),new text end the date of
all adoption-related background studies completed on the subject by the commissioner
after June 30, 2007, and the name of the county or private agency that initiated the
adoption-related background study.
Sec. 8.
Minnesota Statutes 2012, section 256J.49, subdivision 13, is amended to read:
Subd. 13.
Work activity.
(a) "Work activity" means any activity in a participant's
approved employment plan that leads to employment. For purposes of the MFIP program,
this includes activities that meet the definition of work activity under the participation
requirements of TANF. Work activity includes:
(1) unsubsidized employment, including work study and paid apprenticeships or
internships;
(2) subsidized private sector or public sector employment, including grant diversion
as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid
work experience, and supported work when a wage subsidy is provided;
(3) unpaid work experience, including community service, volunteer work,
the community work experience program as specified in section 256J.67, unpaid
apprenticeships or internships, and supported work when a wage subsidy is not provided.
Unpaid work experience is only an option if the participant has been unable to obtain or
maintain paid employment in the competitive labor market, and no paid work experience
programs are available to the participant. Prior to placing a participant in unpaid work,
the county must inform the participant that the participant will be notified if a paid work
experience or supported work position becomes available. Unless a participant consents in
writing to participate in unpaid work experience, the participant's employment plan may
only include unpaid work experience if including the unpaid work experience in the plan
will meet the following criteria:
(i) the unpaid work experience will provide the participant specific skills or
experience that cannot be obtained through other work activity options where the
participant resides or is willing to reside; and
(ii) the skills or experience gained through the unpaid work experience will result
in higher wages for the participant than the participant could earn without the unpaid
work experience;
(4) job search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;
(5) job readiness education, including English as a second language (ESL) or
functional work literacy classes deleted text begin as limited by the provisions of section 256J.531,
subdivision 2deleted text end , general educational development (GED) new text begin or Minnesota adult diploma new text end course
work, high school completion, and adult basic education deleted text begin as limited by the provisions of
section 256J.531, subdivision 1deleted text end ;
(6) job skills training directly related to employment, including new text begin postsecondary
new text end education and training that can reasonably be expected to lead to employmentdeleted text begin , as limited
by the provisions of section 256J.53deleted text end ;
(7) providing child care services to a participant who is working in a community
service program;
(8) activities included in the employment plan that is developed under section
256J.521, subdivision 3; and
(9) preemployment activities including chemical and mental health assessments,
treatment, and services; learning disabilities services; child protective services; family
stabilization services; or other programs designed to enhance employability.
(b) "Work activity" does not include activities done for political purposes as defined
in section 211B.01, subdivision 6.
Sec. 9.
Minnesota Statutes 2012, section 256J.53, subdivision 1, is amended to read:
Subdivision 1.
Length of program.
new text begin (a) new text end In order for a postsecondary education
or training program to be an approved work activity as defined in section 256J.49,
subdivision 13, clause (6), it must be a program lasting deleted text begin 24 monthsdeleted text end new text begin four years new text end or less, and
the participant must meet the requirements of subdivisions 2, 3, and 5.
new text begin
(b) Participants with a high school diploma, general educational development (GED)
credential, or Minnesota adult diploma must be informed of the opportunity to participate
in postsecondary education or training while in the Minnesota family investment program.
new text end
Sec. 10.
Minnesota Statutes 2012, section 256J.53, subdivision 2, is amended to read:
Subd. 2.
Approval of postsecondary education or training.
(a) deleted text begin In order for a
postsecondary education or training program to be an approved activity in an employment
plan, the plan must include additional work activities if the education and training
activities do not meet the minimum hours required to meet the federal work participation
rate under Code of Federal Regulations, title 45, sections 261.31 and 261.35.
deleted text end
deleted text begin (b)deleted text end Participants deleted text begin seeking approval of adeleted text end new text begin who are interested in participating in
new text end postsecondary education or training deleted text begin plandeleted text end new text begin as part of their employment plannew text end must deleted text begin provide
documentation thatdeleted text end new text begin discuss their education plans with their job counselor. Job counselors
must work with participants to evaluate options bynew text end :
(1) deleted text begin the employment goal can only be met with the additional education or training;
deleted text end
deleted text begin (2)deleted text end new text begin advising whether new text end there are suitable employment opportunities that require the
specific education or training in the area in which the participant resides or is willing
to reside;
deleted text begin
(3) the education or training will result in significantly higher wages for the
participant than the participant could earn without the education or training;
deleted text end
deleted text begin (4)deleted text end new text begin (2)new text end new text begin assisting new text end the participant new text begin in exploring whether the participant new text end can meet the
requirements for admission into the program; and
deleted text begin (5)deleted text end new text begin (3)new text end deleted text begin there is a reasonable expectation that the participant will complete the training
programdeleted text end new text begin discussing the participant's strengths and challengesnew text end based on deleted text begin such factors asdeleted text end the
participant's MFIP assessment, previous education, training, and work historydeleted text begin ; current
motivation; and changes in previous circumstancesdeleted text end .
new text begin
(b) The requirements of this subdivision do not apply to participants who are in:
new text end
new text begin
(1) a recognized career pathway program that leads to stackable credentials;
new text end
new text begin
(2) a training program lasting 12 weeks or less; or
new text end
new text begin
(3) the final year of a multi-year postsecondary education or training program.
new text end
Sec. 11.
Minnesota Statutes 2012, section 256J.53, subdivision 5, is amended to read:
Subd. 5.
Requirements after postsecondary education or training.
Upon
completion of an approved education or training program, a participant who does not meet
the participation requirements in section 256J.55, subdivision 1, through unsubsidized
employment must participate in job search. If, after deleted text begin sixdeleted text end new text begin 12 new text end weeks of job search, the
participant does not find a full-time job consistent with the employment goal, the
participant must accept any offer of full-time suitable employment, or meet with the job
counselor to revise the employment plan to include additional work activities necessary to
meet hourly requirements.
Sec. 12.
Minnesota Statutes 2012, section 256J.531, is amended to read:
256J.531 BASIC EDUCATION; ENGLISH AS A SECOND LANGUAGE.
Subdivision 1.
Approval of adult basic education.
deleted text begin With the exception of classes
related to obtaining a general educational development credential (GED), a participant
must have reading or mathematics proficiency below a ninth grade level in order for adult
basic education classes to be andeleted text end new text begin A participant who lacks a high school diploma, general
educational development (GED) credential, or Minnesota adult diploma must be allowed
to pursue these credentials as an new text end approved work activitynew text begin , provided that the participant
is making satisfactory progress. Participants eligible to pursue a general educational
development (GED) credential or Minnesota adult diploma under this subdivision must
be informed of the opportunity to participate while in the Minnesota family investment
programnew text end . deleted text begin The employment plan must also specify that the participant fulfill no more than
one-half of the participation requirements in section 256J.55, subdivision 1, through
attending adult basic education or general educational development classes.
deleted text end
Subd. 2.
Approval of English as a second language.
In order for English as a
second language (ESL) classes to be an approved work activity in an employment plan, a
participant must be below a spoken language proficiency level of SPL6 or its equivalent,
as measured by a nationally recognized test. In approving ESL as a work activity, the job
counselor must give preference to enrollment in a functional work literacy program,
if one is available, over a regular ESL program. deleted text begin A participant may not be approved
for more than a combined total of 24 months of ESL classes while participating in the
diversionary work program and the employment and training services component of
MFIP. The employment plan must also specify that the participant fulfill no more than
one-half of the participation requirements in section 256J.55, subdivision 1, through
attending ESL classes. For participants enrolled in functional work literacy classes, no
more than two-thirds of the participation requirements in section 256J.55, subdivision 1,
may be met through attending functional work literacy classes.
deleted text end
Sec. 13.
Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 1, is
amended to read:
Subdivision 1.
General eligibility requirements.
(a) To be eligible for guardianship
assistance under this section, there must be a judicial determination under section
260C.515, subdivision 4, that a transfer of permanent legal and physical custody to a
relative is in the child's best interest. For a child under jurisdiction of a tribal court, a
judicial determination under a similar provision in tribal code indicating that a relative
will assume the duty and authority to provide care, control, and protection of a child who
is residing in foster care, and to make decisions regarding the child's education, health
care, and general welfare until adulthood, and that this is in the child's best interest is
considered equivalent. Additionally, a child must:
(1) have been removed from the child's home pursuant to a voluntary placement
agreement or court order;
(2)(i) have resided deleted text begin indeleted text end new text begin with the prospective relative custodian who has been a
licensed childnew text end foster deleted text begin caredeleted text end new text begin parentnew text end for at least six consecutive months deleted text begin in the home of the
prospective relative custodiandeleted text end ; or
(ii) have received new text begin from the commissioner new text end an exemption from the requirement in item
(i) deleted text begin from the courtdeleted text end new text begin that the prospective relative custodian has been a licensed child foster
parent for at least six consecutive monthsnew text end new text begin ,new text end based on a determination that:
(A) an expedited move to permanency is in the child's best interest;
(B) expedited permanency cannot be completed without provision of guardianship
assistance; deleted text begin and
deleted text end
(C) the prospective relative custodian is uniquely qualified to meet the child's needsnew text begin ,
as defined in section 260C.212, subdivision 2,new text end on a permanent basis;
new text begin
(D) the child and prospective relative custodian meet the eligibility requirements
of this section; and
new text end
new text begin
(E) efforts were made by the legally responsible agency to place the child with the
prospective relative custodian as a licensed child foster parent for six consecutive months
before permanency, or an explanation why these efforts were not in the child's best interests;
new text end
(3) meet the agency determinations regarding permanency requirements in
subdivision 2;
(4) meet the applicable citizenship and immigration requirements in subdivision 3;
(5) have been consulted regarding the proposed transfer of permanent legal and
physical custody to a relative, if the child is at least 14 years of age or is expected to attain
14 years of age prior to the transfer of permanent legal and physical custody; and
(6) have a written, binding agreement under section 256N.25 among the caregiver or
caregivers, the financially responsible agency, and the commissioner established prior to
transfer of permanent legal and physical custody.
(b) In addition to the requirements in paragraph (a), the child's prospective relative
custodian or custodians must meet the applicable background study requirements in
subdivision 4.
(c) To be eligible for title IV-E guardianship assistance, a child must also meet any
additional criteria in section 473(d) of the Social Security Act. The sibling of a child
who meets the criteria for title IV-E guardianship assistance in section 473(d) of the
Social Security Act is eligible for title IV-E guardianship assistance if the child and
sibling are placed with the same prospective relative custodian or custodians, and the
legally responsible agency, relatives, and commissioner agree on the appropriateness of
the arrangement for the sibling. A child who meets all eligibility criteria except those
specific to title IV-E guardianship assistance is entitled to guardianship assistance paid
through funds other than title IV-E.
Sec. 14.
Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 2, is
amended to read:
Subd. 2.
Agency determinations regarding permanency.
(a) To be eligible for
guardianship assistance, the legally responsible agency must complete the following
determinations regarding permanency for the child prior to the transfer of permanent
legal and physical custody:
(1) a determination that reunification and adoption are not appropriate permanency
options for the child; and
(2) a determination that the child demonstrates a strong attachment to the prospective
relative custodian and the prospective relative custodian has a strong commitment to
caring permanently for the child.
(b) The legally responsible agency shall document the determinations in paragraph
(a) and deleted text begin thedeleted text end new text begin eligibility requirements in this section that comply with United States Code,
title 42, sections 673(d) and 675(1)(F). These determinations must be documented in a
kinship placement agreement, which must be in the format prescribed by the commissioner
and must be signed by the prospective relative custodian and the legally responsible
agency. In the case of a Minnesota tribe, the determinations and eligibility requirements
in this section may be provided in an alternative format approved by the commissioner.
new text end Supporting information for completing each determination new text begin must be documented new text end in the
new text begin legally responsible agency's new text end case file and deleted text begin make themdeleted text end available for review as requested
by the financially responsible agency and the commissioner during the guardianship
assistance eligibility determination process.
Sec. 15.
Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 4, is
amended to read:
Subd. 4.
Background study.
(a) A background study deleted text begin under section 245C.33deleted text end must be
completed on each prospective relative custodian and any other adult residing in the home
of the prospective relative custodian.new text begin The background study must meet the requirements of
United States Code, title 42, section 671(a)(20). A study completed under section 245C.33
meets this requirement.new text end A background study on the prospective relative custodian or adult
residing in the household previously completed under deleted text begin section 245C.04deleted text end new text begin chapter 245Cnew text end for the
purposes of new text begin child new text end foster care licensure deleted text begin maydeleted text end new text begin under chapter 245A or licensure by a Minnesota
tribe, shallnew text end be used for the purposes of this section, provided that the background study deleted text begin is
currentdeleted text end new text begin meets the requirements of this subdivision and the prospective relative custodian is
a licensed child foster parentnew text end at the time of the application for guardianship assistance.
(b) If the background study reveals:
(1) a felony conviction at any time for:
(i) child abuse or neglect;
(ii) spousal abuse;
(iii) a crime against a child, including child pornography; or
(iv) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or
(2) a felony conviction within the past five years for:
(i) physical assault;
(ii) battery; or
(iii) a drug-related offense;
the prospective relative custodian is prohibited from receiving guardianship assistance
on behalf of an otherwise eligible child.
Sec. 16.
Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 4, is
amended to read:
Subd. 4.
Background study.
new text begin (a) new text end A background study deleted text begin under section 259.41deleted text end must be
completed on each prospective adoptive parentdeleted text begin .deleted text end new text begin and all other adults residing in the home.
A background study must meet the requirements of United States Code, title 42, section
671(a)(20). A study completed under section 245C.33 meets this requirement. If the
prospective adoptive parent is a licensed child foster parent licensed under chapter 245A
or by a Minnesota tribe, the background study previously completed for the purposes of
child foster care licensure shall be used for the purpose of this section, provided that the
background study meets all other requirements of this subdivision and the prospective
adoptive parent is a licensed child foster parent at the time of the application for adoption
assistance.
new text end
new text begin (b)new text end If the background study reveals:
(1) a felony conviction at any time for:
(i) child abuse or neglect;
(ii) spousal abuse;
(iii) a crime against a child, including child pornography; or
(iv) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or
(2) a felony conviction within the past five years for:
(i) physical assault;
(ii) battery; or
(iii) a drug-related offense;
the adoptive parent is prohibited from receiving adoption assistance on behalf of an
otherwise eligible child.
Sec. 17.
Minnesota Statutes 2013 Supplement, section 256N.25, subdivision 2, is
amended to read:
Subd. 2.
Negotiation of agreement.
(a) When a child is determined to be eligible
for guardianship assistance or adoption assistance, the financially responsible agency, or,
if there is no financially responsible agency, the agency designated by the commissioner,
must negotiate with the caregiver to develop an agreement under subdivision 1. If and when
the caregiver and agency reach concurrence as to the terms of the agreement, both parties
shall sign the agreement. The agency must submit the agreement, along with the eligibility
determination outlined in sections 256N.22, subdivision 7, and 256N.23, subdivision 7, to
the commissioner for final review, approval, and signature according to subdivision 1.
(b) A monthly payment is provided as part of the adoption assistance or guardianship
assistance agreement to support the care of children unless the child is new text begin eligible for adoption
assistance and new text end determined to be an at-risk child, in which case deleted text begin the special at-risk monthly
payment under section 256N.26, subdivision 7, mustdeleted text end new text begin no payment willnew text end be made new text begin unless and
new text end until the caregiver obtains written documentation from a qualified expert that the potential
disability upon which eligibility for the agreement was based has manifested itself.
(1) The amount of the payment made on behalf of a child eligible for guardianship
assistance or adoption assistance is determined through agreement between the prospective
relative custodian or the adoptive parent and the financially responsible agency, or, if there
is no financially responsible agency, the agency designated by the commissioner, using
the assessment tool established by the commissioner in section 256N.24, subdivision 2,
and the associated benefit and payments outlined in section 256N.26. Except as provided
under section 256N.24, subdivision 1, paragraph (c), the assessment tool establishes
the monthly benefit level for a child under foster care. The monthly payment under a
guardianship assistance agreement or adoption assistance agreement may be negotiated up
to the monthly benefit level under foster care. In no case may the amount of the payment
under a guardianship assistance agreement or adoption assistance agreement exceed the
foster care maintenance payment which would have been paid during the month if the
child with respect to whom the guardianship assistance or adoption assistance payment is
made had been in a foster family home in the state.
(2) The rate schedule for the agreement is determined based on the age of the
child on the date that the prospective adoptive parent or parents or relative custodian or
custodians sign the agreement.
(3) The income of the relative custodian or custodians or adoptive parent or parents
must not be taken into consideration when determining eligibility for guardianship
assistance or adoption assistance or the amount of the payments under section 256N.26.
(4) With the concurrence of the relative custodian or adoptive parent, the amount of
the payment may be adjusted periodically using the assessment tool established by the
commissioner in section 256N.24, subdivision 2, and the agreement renegotiated under
subdivision 3 when there is a change in the child's needs or the family's circumstances.
(5) deleted text begin The guardianship assistance or adoption assistance agreement of a child who is
identified as at-risk receives the special at-risk monthly payment under section 256N.26,
subdivision 7, unless and until the potential disability manifests itself, as documented by
an appropriate professional, and the commissioner authorizes commencement of payment
by modifying the agreement accordingly. A relative custodian ordeleted text end new text begin Annew text end adoptive parent
of an at-risk child with deleted text begin a guardianship assistance ordeleted text end new text begin annew text end adoption assistance agreement
may request a reassessment of the child under section 256N.24, subdivision deleted text begin 9deleted text end new text begin 10new text end , and
renegotiation of the deleted text begin guardianship assistance ordeleted text end adoption assistance agreement under
subdivision 3 to include a monthly payment, if the caregiver has written documentation
from a qualified expert that the potential disability upon which eligibility for the agreement
was based has manifested itself. Documentation of the disability must be limited to
evidence deemed appropriate by the commissioner.
(c) For guardianship assistance agreements:
(1) the initial amount of the monthly guardianship assistance payment must be
equivalent to the foster care rate in effect at the time that the agreement is signed less any
offsets under section 256N.26, subdivision 11, or a lesser negotiated amount if agreed to
by the prospective relative custodian and specified in that agreement, unless deleted text begin the child is
deleted text end deleted text begin identified as at-risk ordeleted text end the guardianship assistance agreement is entered into when a child
is under the age of six;new text begin and
new text end
deleted text begin
(2) an at-risk child must be assigned level A as outlined in section 256N.26 and
receive the special at-risk monthly payment under section 256N.26, subdivision 7, unless
and until the potential disability manifests itself, as documented by a qualified expert, and
the commissioner authorizes commencement of payment by modifying the agreement
accordingly; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end the amount of the monthly payment for a guardianship assistance agreement
for a childdeleted text begin , other than an at-risk child,deleted text end who is under the age of six must be as specified in
section 256N.26, subdivision 5.
(d) For adoption assistance agreements:
(1) for a child in foster care with the prospective adoptive parent immediately prior
to adoptive placement, the initial amount of the monthly adoption assistance payment
must be equivalent to the foster care rate in effect at the time that the agreement is signed
less any offsets in section 256N.26, subdivision 11, or a lesser negotiated amount if agreed
to by the prospective adoptive parents and specified in that agreement, unless the child is
identified as at-risk or the adoption assistance agreement is entered into when a child is
under the age of six;
(2) new text begin for new text end an at-risk child new text begin who new text end must be assigned level A as outlined in section
256N.26 deleted text begin and receive the special at-risk monthly payment under section 256N.26,
subdivision 7deleted text end ,new text begin no payment will be made new text end unless and until the potential disability manifests
itself, as documented by an appropriate professional, and the commissioner authorizes
commencement of payment by modifying the agreement accordingly;
(3) the amount of the monthly payment for an adoption assistance agreement for
a child under the age of six, other than an at-risk child, must be as specified in section
256N.26, subdivision 5;
(4) for a child who is in the guardianship assistance program immediately prior
to adoptive placement, the initial amount of the adoption assistance payment must be
equivalent to the guardianship assistance payment in effect at the time that the adoption
assistance agreement is signed or a lesser amount if agreed to by the prospective adoptive
parent and specified in that agreementnew text begin , unless the child is identified as an at-risk childnew text end ; and
(5) for a child who is not in foster care placement or the guardianship assistance
program immediately prior to adoptive placement or negotiation of the adoption assistance
agreement, the initial amount of the adoption assistance agreement must be determined
using the assessment tool and process in this section and the corresponding payment
amount outlined in section 256N.26.
Sec. 18.
Minnesota Statutes 2013 Supplement, section 256N.25, subdivision 3, is
amended to read:
Subd. 3.
Renegotiation of agreement.
(a) A relative custodian or adoptive
parent of a child with a guardianship assistance or adoption assistance agreement may
request renegotiation of the agreement when there is a change in the needs of the child
or in the family's circumstances. When a relative custodian or adoptive parent requests
renegotiation of the agreement, a reassessment of the child must be completed consistent
with section 256N.24, subdivisions 9 and 10. If the reassessment indicates that the
child's level has changed, the financially responsible agency or, if there is no financially
responsible agency, the agency designated by the commissioner or the commissioner's
designee, and the caregiver must renegotiate the agreement to include a payment with
the level determined through the reassessment process. The agreement must not be
renegotiated unless the commissioner, the financially responsible agency, and the caregiver
mutually agree to the changes. The effective date of any renegotiated agreement must be
determined by the commissioner.
(b) deleted text begin A relative custodian ordeleted text end new text begin Annew text end adoptive parent of an at-risk child with deleted text begin a guardianship
assistance ordeleted text end new text begin annew text end adoption assistance agreement may request renegotiation of the agreement
to include a monthly payment deleted text begin higher than the special at-risk monthly paymentdeleted text end under
section 256N.26deleted text begin , subdivision 7,deleted text end if the caregiver has written documentation from a
qualified expert that the potential disability upon which eligibility for the agreement
was based has manifested itself. Documentation of the disability must be limited to
evidence deemed appropriate by the commissioner. Prior to renegotiating the agreement, a
reassessment of the child must be conducted as outlined in section 256N.24, subdivision
9. The reassessment must be used to renegotiate the agreement to include an appropriate
monthly payment. The agreement must not be renegotiated unless the commissioner, the
financially responsible agency, and the caregiver mutually agree to the changes. The
effective date of any renegotiated agreement must be determined by the commissioner.
(c) Renegotiation of a guardianship assistance or adoption assistance agreement is
required when one of the circumstances outlined in section 256N.26, subdivision 13,
occurs.
Sec. 19.
Minnesota Statutes 2013 Supplement, section 256N.26, subdivision 1, is
amended to read:
Subdivision 1.
Benefits.
(a) There are three benefits under Northstar Care for
Children: medical assistance, basic payment, and supplemental difficulty of care payment.
(b) A child is eligible for medical assistance under subdivision 2.
(c) A child is eligible for the basic payment under subdivision 3, except for a child
assigned level A under section 256N.24, subdivision 1, because the child is determined to
be an at-risk child receiving deleted text begin guardianship assistance ordeleted text end adoption assistance.
(d) A child, including a foster child age 18 to 21, is eligible for an additional
supplemental difficulty of care payment under subdivision 4, as determined by the
assessment under section 256N.24.
(e) An eligible child entering guardianship assistance or adoption assistance under
the age of six receives a basic payment and supplemental difficulty of care payment as
specified in subdivision 5.
(f) A child transitioning in from a pre-Northstar Care for Children program under
section 256N.28, subdivision 7, shall receive basic and difficulty of care supplemental
payments according to those provisions.
Sec. 20.
Minnesota Statutes 2013 Supplement, section 256N.27, subdivision 4, is
amended to read:
Subd. 4.
Nonfederal share.
(a) The commissioner shall establish a percentage share
of the maintenance payments, reduced by federal reimbursements under title IV-E of the
Social Security Act, to be paid by the state and to be paid by the financially responsible
agency.
(b) These state and local shares must initially be calculated based on the ratio of the
average appropriate expenditures made by the state and all financially responsible agencies
during calendar years 2011, 2012, 2013, and 2014. For purposes of this calculation,
appropriate expenditures for the financially responsible agencies must include basic and
difficulty of care payments for foster care reduced by federal reimbursements, but not
including any initial clothing allowance, administrative payments to child care agencies
specified in section 317A.907, child care, or other support or ancillary expenditures. For
purposes of this calculation, appropriate expenditures for the state shall include adoption
assistance and relative custody assistance, reduced by federal reimbursements.
(c) For each of the periods January 1, 2015, to June 30, 2016, and fiscal years 2017,
2018, and 2019, the commissioner shall adjust this initial percentage of state and local
shares to reflect the relative expenditure trends during calendar years 2011, 2012, 2013, and
2014, taking into account appropriations for Northstar Care for Children and the turnover
rates of the components. In making these adjustments, the commissioner's goal shall be to
make these state and local expenditures other than the appropriations for Northstar Care
for Children to be the same as they would have been had Northstar Care for Children not
been implemented, or if that is not possible, proportionally higher or lower, as appropriate.
new text begin Except for adjustments so that the costs of the phase-in are borne by the state, new text end the state and
local share percentages for fiscal year 2019 must be used for all subsequent years.
Sec. 21.
Minnesota Statutes 2012, section 257.85, subdivision 11, is amended to read:
Subd. 11.
Financial considerations.
(a) Payment of relative custody assistance
under a relative custody assistance agreement is subject to the availability of state funds
and payments may be reduced or suspended on order of the commissioner if insufficient
funds are available.
(b) deleted text begin Upon receipt from a local agency of a claim for reimbursement, the commissioner
shall reimburse the local agency in an amount equal to 100 percent of the relative custody
assistance payments provided to relative custodians. Thedeleted text end new text begin Anew text end local agency may not seek and
the commissioner shall not provide reimbursement for the administrative costs associated
with performing the duties described in subdivision 4.
(c) For the purposes of determining eligibility or payment amounts under MFIP,
relative custody assistance payments shall be excluded in determining the family's
available income.
new text begin
(d) For expenditures made on or before December 31, 2014, upon receipt from a
local agency of a claim for reimbursement, the commissioner shall reimburse the local
agency in an amount equal to 100 percent of the relative custody assistance payments
provided to relative custodians.
new text end
new text begin
(e) For expenditures made on or after January 1, 2015, upon receipt from a local
agency of a claim for reimbursement, the commissioner shall reimburse the local agency as
part of the Northstar Care for Children fiscal reconciliation process under section 256N.27.
new text end
Sec. 22.
Minnesota Statutes 2012, section 260C.212, subdivision 1, is amended to read:
Subdivision 1.
Out-of-home placement; plan.
(a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.
(b) An out-of-home placement plan means a written document which is prepared
by the responsible social services agency jointly with the parent or parents or guardian
of the child and in consultation with the child's guardian ad litem, the child's tribe, if the
child is an Indian child, the child's foster parent or representative of the foster care facility,
and, where appropriate, the child. For a child in voluntary foster care for treatment under
chapter 260D, preparation of the out-of-home placement plan shall additionally include
the child's mental health treatment provider. As appropriate, the plan shall be:
(1) submitted to the court for approval under section 260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the child's guardian ad
litem, a representative of the child's tribe, the responsible social services agency, and, if
possible, the child.
(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:
(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
and how the placement is consistent with the best interests and special needs of the child
according to the factors under subdivision 2, paragraph (b);
(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make in order for the child to safely return home;
(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:
(i) the specific actions to be taken by the parent or parents of the child to eliminate
or correct the problems or conditions identified in clause (2), and the time period during
which the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
to achieve a safe and stable home for the child including social and other supportive
services to be provided or offered to the parent or parents or guardian of the child, the
child, and the residential facility during the period the child is in the residential facility;
(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if
not, the basis for the denial of the services or resources;
(5) the visitation plan for the parent or parents or guardian, other relatives as defined
in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
together in foster care, and whether visitation is consistent with the best interest of the
child, during the period the child is in foster care;
(6) new text begin when a child cannot return to or be in the care of either parent, new text end documentation of
steps to finalize the new text begin permanency plan for the child, including:
new text end
new text begin (i) reasonable efforts to place the child for new text end adoption deleted text begin or legal guardianship of the child
if the court has issued an order terminating the rights of both parents of the child or of the
only known, living parent of the childdeleted text end . At a minimum, the documentation must include
new text begin consideration of whether adoption is in the best interests of the child, new text end child-specific
recruitment efforts such as relative search and the use of state, regional, and national
adoption exchanges to facilitate orderly and timely placements in and outside of the state.
A copy of this documentation shall be provided to the court in the review required under
section 260C.317, subdivision 3, paragraph (b);new text begin and
new text end
new text begin
(ii) documentation necessary to support the requirements of the kinship placement
agreement under section 256N.22 when adoption is determined not to be in the child's
best interest;
new text end
(7) efforts to ensure the child's educational stability while in foster care, including:
(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another,
including efforts to work with the local education authorities to ensure the child's
educational stability; or
(ii) if it is not in the child's best interest to remain in the same school that the child
was enrolled in prior to placement or move from one placement to another, efforts to
ensure immediate and appropriate enrollment for the child in a new school;
(8) the educational records of the child including the most recent information
available regarding:
(i) the names and addresses of the child's educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and
(v) any other relevant educational information;
(9) the efforts by the local agency to ensure the oversight and continuity of health
care services for the foster child, including:
(i) the plan to schedule the child's initial health screens;
(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, will be monitored and treated while the child is in foster care;
(iii) how the child's medical information will be updated and shared, including
the child's immunizations;
(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;
(v) who is responsible for oversight of the child's prescription medications;
(vi) how physicians or other appropriate medical and nonmedical professionals
will be consulted and involved in assessing the health and well-being of the child and
determine the appropriate medical treatment for the child; and
(vii) the responsibility to ensure that the child has access to medical care through
either medical insurance or medical assistance;
(10) the health records of the child including information available regarding:
(i) the names and addresses of the child's health care and dental care providers;
(ii) a record of the child's immunizations;
(iii) the child's known medical problems, including any known communicable
diseases as defined in section 144.4172, subdivision 2;
(iv) the child's medications; and
(v) any other relevant health care information such as the child's eligibility for
medical insurance or medical assistance;
(11) an independent living plan for a child age 16 or older. The plan should include,
but not be limited to, the following objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate, assisting the child in obtaining a
driver's license;
(iv) money management, including the responsibility of the agency to ensure that
the youth annually receives, at no cost to the youth, a consumer report as defined under
section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;
(v) planning for housing;
(vi) social and recreational skills; and
(vii) establishing and maintaining connections with the child's family and
community; and
(12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes.
(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time
of placement of the child. The child shall also have the right to a guardian ad litem.
If unable to employ counsel from their own resources, the court shall appoint counsel
upon the request of the parent or parents or the child or the child's legal guardian. The
parent or parents may also receive assistance from any person or social services agency
in preparation of the case plan.
After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan
and shall be provided a copy of the plan.
Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.
Sec. 23.
Minnesota Statutes 2012, section 260C.515, subdivision 4, is amended to read:
Subd. 4.
Custody to relative.
The court may order permanent legal and physical
custody to a new text begin fit and willing new text end relative in the best interests of the child according to the
following deleted text begin conditionsdeleted text end new text begin requirementsnew text end :
(1) an order for transfer of permanent legal and physical custody to a relative shall
only be made after the court has reviewed the suitability of the prospective legal and
physical custodian;
(2) in transferring permanent legal and physical custody to a relative, the juvenile
court shall follow the standards applicable under this chapter and chapter 260, and the
procedures in the Minnesota Rules of Juvenile Protection Procedure;
(3) a transfer of legal and physical custody includes responsibility for the protection,
education, care, and control of the child and decision making on behalf of the child;
(4) a permanent legal and physical custodian may not return a child to the permanent
care of a parent from whom the court removed custody without the court's approval and
without notice to the responsible social services agency;
(5) the social services agency may file a petition naming a fit and willing relative as
a proposed permanent legal and physical custodiannew text begin . A petition for transfer of permanent
legal and physical custody to a relative who is not a parent shall be accompanied by a
kinship placement agreement under section 256N.22, subdivision 2, between the agency
and proposed permanent legal and physical custodiannew text end ;
(6) another party to the permanency proceeding regarding the child may file a
petition to transfer permanent legal and physical custody to a relativedeleted text begin , but thedeleted text end new text begin . Thenew text end petition
new text begin must include facts upon which the court can make the determination required under clause
(7) and new text end must be filed not later than the date for the required admit-deny hearing under
section 260C.507; or if the agency's petition is filed under section 260C.503, subdivision
2, the petition must be filed not later than 30 days prior to the trial required under section
260C.509; deleted text begin and
deleted text end
new text begin
(7) where a petition is for transfer of permanent legal and physical custody to a
relative who is not a parent, the court must find that:
new text end
new text begin
(i) transfer of permanent legal and physical custody and receipt of Northstar kinship
assistance under chapter 256N, when requested and the child is eligible, is in the child's
best interests;
new text end
new text begin
(ii) adoption is not in the child's best interests based on the determinations in the
kinship placement agreement required under section 256N.22, subdivision 2;
new text end
new text begin
(iii) the agency made efforts to discuss adoption with the child's parent or parents,
or the agency did not make efforts to discuss adoption and the reasons why efforts were
not made; and
new text end
new text begin
(iv) there are reasons to separate siblings during placement, if applicable;
new text end
new text begin
(8) the court may defer finalization of an order transferring permanent legal and
physical custody to a relative when deferring finalization is necessary to determine
eligibility for Northstar kinship assistance under chapter 256N;
new text end
new text begin
(9) the court may finalize a permanent transfer of physical and legal custody to a
relative regardless of eligibility for Northstar kinship assistance under chapter 256N; and
new text end
deleted text begin (7)deleted text end new text begin (10)new text end the juvenile court may maintain jurisdiction over the responsible social
services agency, the parents or guardian of the child, the child, and the permanent legal
and physical custodian for purposes of ensuring appropriate services are delivered to the
child and permanent legal custodian for the purpose of ensuring conditions ordered by the
court related to the care and custody of the child are met.
Sec. 24.
Minnesota Statutes 2012, section 260C.611, is amended to read:
260C.611 ADOPTION STUDY REQUIRED.
new text begin (a) new text end An adoption study under section 259.41 approving placement of the child in the
home of the prospective adoptive parent shall be completed before placing any child under
the guardianship of the commissioner in a home for adoption. If a prospective adoptive
parent hasnew text begin a current child foster care license under chapter 245A and is seeking to adopt
a foster child who is placed in the prospective adoptive parent's home and is under the
guardianship of the commissioner according to section 260C.325, subdivision 1, the child
foster care home study meets the requirements of this section for an approved adoption
home study if:
new text end
new text begin
(1) the written home study on which the foster care license was based is completed
in the commissioner's designated format, consistent with the requirements in sections
260C.215, subdivision 4, clause (5); and 259.41, subdivision 2; and Minnesota Rules,
part 2960.3060, subpart 4;
new text end
new text begin
(2) the background studies on each prospective adoptive parent and all required
household members were completed according to section 245C.33;
new text end
new text begin
(3) the commissioner has not issued, within the last three years, a sanction on the
license under section 245A.07 or an order of a conditional license under section 245A.06;
and
new text end
new text begin
(4) the legally responsible agency determines that the individual needs of the child
are being met by the prospective adoptive parent through an assessment under section
256N.24, subdivision 2, or a documented placement decision consistent with section
260C.212, subdivision 2.
new text end
new text begin (b) If a prospective adoptive parent hasnew text end previously held a foster care license or
adoptive home study, any update necessary to the foster care license, or updated or new
adoptive home study, if not completed by the licensing authority responsible for the
previous license or home study, shall include collateral information from the previous
licensing or approving agency, if available.
Sec. 25.
Laws 2013, chapter 108, article 3, section 48, is amended to read:
Sec. 48. REPEALER.
(a) Minnesota Statutes 2012, section 256J.24, new text begin subdivision 6, new text end is repealed deleted text begin January
deleted text end new text begin Julynew text end 1, deleted text begin 2015deleted text end new text begin 2014new text end .
(b) Minnesota Statutes 2012, section 609.093, is repealed effective the day following
final enactment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2014.
new text end
Sec. 26. new text begin PARENT AWARE QUALITY RATING AND IMPROVEMENT
SYSTEM ACCESSIBILITY REPORT.
new text end
new text begin Subdivision 1. new text end
new text begin Recommendations. new text end
new text begin
The commissioner of human services, in
consultation with representatives from the child care and early childhood advocacy
community, child care provider organizations, child care providers, organizations
administering Parent Aware, the Departments of Education and Health, counties,
and parents, shall make recommendations to the legislature on increasing statewide
accessibility for child care providers to the Parent Aware quality rating and improvement
system and for increasing access to Parent Aware-rated programs for families with
children. The recommendations must address the following factors impacting accessibility:
new text end
new text begin
(1) availability of rated and nonrated programs by child care provider type, within
rural and underserved areas, and for different cultural and non-English-speaking groups;
new text end
new text begin
(2) time and resources necessary for child care providers to participate in Parent
Aware at various rating levels, including cultural and linguistic considerations;
new text end
new text begin
(3) federal child care development fund regulations; and
new text end
new text begin
(4) other factors as determined by the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Report. new text end
new text begin
By February 15, 2015, the commissioner of human services
shall report to the legislative committees with jurisdiction over the child care
assistance programs and the Parent Aware quality rating and improvement system with
recommendations to increase access for families and child care providers to Parent Aware,
including benchmarks for achieving the maximum participation in Parent Aware-rated
child care programs by families receiving child care assistance.
new text end
new text begin
The recommendations may also include, but are not limited to, potential
modifications to Minnesota Statutes, sections 119B.09, subdivision 5; and 119B.125,
subdivision 1, if necessary, which may include a delayed effective date, different phase-in
process, or repealer.
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. 27. new text begin DIRECTION TO COMMISSIONER.
new text end
new text begin
The commissioner of human services shall implement the repeal of the MFIP
family cap July 1, 2014. The commissioner shall make every effort to complete systems
modifications by that date. If systems modifications cannot be completed in time, the
commissioner shall implement a manual procedure to implement the change.
new text end
Sec. 28. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change the term "guardianship assistance" to "Northstar
kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to
refer to the program components related to Northstar Care for Children under Minnesota
Statutes, chapter 256N.
new text end
Sec. 29. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2013 Supplement, section 256N.26, subdivision 7,
new text end
new text begin
is repealed.
new text end
ARTICLE 27
COMMUNITY FIRST SERVICES AND SUPPORTS
Section 1.
Minnesota Statutes 2012, section 245C.03, is amended by adding a
subdivision to read:
new text begin Subd. 8. new text end
new text begin Community first services and supports organizations. new text end
new text begin
The
commissioner shall conduct background studies on any individual required under section
256B.85 to have a background study completed under this chapter.
new text end
Sec. 2.
Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Community first services and supports organizations. new text end
new text begin
(a) The
commissioner shall conduct a background study of an individual required to be studied
under section 245C.03, subdivision 8, at least upon application for initial enrollment
under section 256B.85.
new text end
new text begin
(b) Before an individual described in section 245C.03, subdivision 8, begins a
position allowing direct contact with a person served by an organization required to initiate
a background study under section 256B.85, the organization must receive a notice from
the commissioner that the support worker is:
new text end
new text begin
(1) not disqualified under section 245C.14; or
new text end
new text begin
(2) disqualified, but the individual has received a set-aside of the disqualification
under section 245C.22.
new text end
Sec. 3.
Minnesota Statutes 2012, section 245C.10, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Community first services and supports organizations. new text end
new text begin
The
commissioner shall recover the cost of background studies initiated by an agency-provider
delivering services under section 256B.85, subdivision 11, or a financial management
services contractor providing service functions under section 256B.85, subdivision 13,
through a fee of no more than $20 per study, charged to the organization responsible for
submitting the background study form. The fees collected under this subdivision are
appropriated to the commissioner for the purpose of conducting background studies.
new text end
Sec. 4.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 2, is
amended to read:
Subd. 2.
Definitions.
(a) For the purposes of this section, the terms defined in
this subdivision have the meanings given.
(b) "Activities of daily living" or "ADLs" means eating, toileting, grooming,
dressing, bathing, mobility, positioning, and transferring.
(c) "Agency-provider model" means a method of CFSS under which a qualified
agency provides services and supports through the agency's own employees and policies.
The agency must allow the participant to have a significant role in the selection and
dismissal of support workers of their choice for the delivery of their specific services
and supports.
(d) "Behavior" means a description of a need for services and supports used to
determine the home care rating and additional service units. The presence of Level I
behavior is used to determine the home care rating. "Level I behavior" means physical
aggression towards self or others or destruction of property that requires the immediate
response of another person. If qualified for a home care rating as described in subdivision
8, additional service units can be added as described in subdivision 8, paragraph (f), for
the following behaviors:
(1) Level I behavior;
(2) increased vulnerability due to cognitive deficits or socially inappropriate
behavior; or
(3) increased need for assistance for deleted text begin recipientsdeleted text end new text begin participantsnew text end who are verbally
aggressive or resistive to care so that time needed to perform activities of daily living is
increased.
new text begin
(e) "Budget model" means a service delivery method of CFSS that allows the
use of a service budget and assistance from a vendor fiscal/employer agent financial
management services (FMS) contractor for a participant to directly employ support
workers and purchase supports and goods.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end "Complex health-related needs" means an intervention listed in clauses (1)
to (8) that has been ordered by a physician, and is specified in a community support
plan, including:
(1) tube feedings requiring:
(i) a gastrojejunostomy tube; or
(ii) continuous tube feeding lasting longer than 12 hours per day;
(2) wounds described as:
(i) stage III or stage IV;
(ii) multiple wounds;
(iii) requiring sterile or clean dressing changes or a wound vac; or
(iv) open lesions such as burns, fistulas, tube sites, or ostomy sites that require
specialized care;
(3) parenteral therapy described as:
(i) IV therapy more than two times per week lasting longer than four hours for
each treatment; or
(ii) total parenteral nutrition (TPN) daily;
(4) respiratory interventions, including:
(i) oxygen required more than eight hours per day;
(ii) respiratory vest more than one time per day;
(iii) bronchial drainage treatments more than two times per day;
(iv) sterile or clean suctioning more than six times per day;
(v) dependence on another to apply respiratory ventilation augmentation devices
such as BiPAP and CPAP; and
(vi) ventilator dependence under section 256B.0652;
(5) insertion and maintenance of catheter, including:
(i) sterile catheter changes more than one time per month;
(ii) clean intermittent catheterization, and including self-catheterization more than
six times per day; or
(iii) bladder irrigations;
(6) bowel program more than two times per week requiring more than 30 minutes to
perform each time;
(7) neurological intervention, including:
(i) seizures more than two times per week and requiring significant physical
assistance to maintain safety; or
(ii) swallowing disorders diagnosed by a physician and requiring specialized
assistance from another on a daily basis; and
(8) other congenital or acquired diseases creating a need for significantly increased
direct hands-on assistance and interventions in six to eight activities of daily living.
deleted text begin (f)deleted text end new text begin (g)new text end "Community first services and supports" or "CFSS" means the assistance and
supports program under this section needed for accomplishing activities of daily living,
instrumental activities of daily living, and health-related tasks through hands-on assistance
to accomplish the task or constant supervision and cueing to accomplish the task, or the
purchase of goods as defined in subdivision 7, deleted text begin paragraph (a),deleted text end clause (3), that replace
the need for human assistance.
deleted text begin (g)deleted text end new text begin (h)new text end "Community first services and supports service delivery plan" or "service
delivery plan" means a written deleted text begin summary ofdeleted text end new text begin document detailingnew text end the services and supports
new text begin chosen by the participant to meet assessed needs new text end that deleted text begin isdeleted text end new text begin are within the approved CFSS
service authorization amount. Services and supports arenew text end based on the community support
plan identified in section 256B.0911 and coordinated services and support plan and budget
identified in section 256B.0915, subdivision 6, if applicable, that is determined by the
participant to meet the assessed needs, using a person-centered planning process.
new text begin
(i) "Consultation services" means a Minnesota health care program enrolled provider
organization that is under contract with the department and has the knowledge, skills,
and ability to assist CFSS participants in using either the agency-provider model under
subdivision 11 or the budget model under subdivision 13.
new text end
deleted text begin (h)deleted text end new text begin (j)new text end "Critical activities of daily living" means transferring, mobility, eating, and
toileting.
deleted text begin (i)deleted text end new text begin (k)new text end "Dependency" in activities of daily living means a person requires hands-on
assistance or constant supervision and cueing to accomplish one or more of the activities
of daily living every day or on the days during the week that the activity is performed;
however, a child may not be found to be dependent in an activity of daily living if,
because of the child's age, an adult would either perform the activity for the child or assist
the child with the activity and the assistance needed is the assistance appropriate for
a typical child of the same age.
deleted text begin (j)deleted text end new text begin (l)new text end "Extended CFSS" means CFSS services and supports deleted text begin under the
agency-provider modeldeleted text end included in a service plan through one of the home and
community-based services waivers new text begin and as approved and new text end authorized under sections
256B.0915; 256B.092, subdivision 5; and 256B.49, which exceed the amount, duration,
and frequency of the state plan CFSS services for participants.
deleted text begin (k)deleted text end new text begin (m)new text end "Financial management services contractor or vendor"new text begin or "FMS contractor"
new text end means a qualified organization deleted text begin havingdeleted text end new text begin necessary to use the budget model under subdivision
13 that hasnew text end a written contract with the department to provide new text begin vendor fiscal/employer agent
financial management new text end services deleted text begin necessary to use the budget model under subdivision 13
thatdeleted text end new text begin (FMS). Servicesnew text end include but are not limited to: deleted text begin participant education and technical
assistance; CFSS service delivery planning and budgeting;deleted text end new text begin filing and payment of federal
and state payroll taxes on behalf of the participant; initiating criminal background
checks; new text end billingdeleted text begin , making payments, anddeleted text end new text begin for approved CFSS services with authorized
funds; new text end monitoring deleted text begin of spendingdeleted text end new text begin expendituresnew text end ; new text begin accounting for and disbursing CFSS funds;
providing assistance in obtaining and filing for liability, workers' compensation, and
unemployment coverage; new text end and deleted text begin assistingdeleted text end new text begin participant instruction and technical assistance to
new text end the participant in fulfilling employer-related requirements in accordance with Section
3504 of the Internal Revenue Code and deleted text begin the Internal Revenue Service Revenue Procedure
70-6deleted text end new text begin related regulations and interpretations, including Code of Federal Regulations, title
26, section 31.3504-1new text end .
deleted text begin
(l) "Budget model" means a service delivery method of CFSS that allows the use of
an individualized CFSS service delivery plan and service budget and provides assistance
from the financial management services contractor to facilitate participant employment of
support workers and the acquisition of supports and goods.
deleted text end
deleted text begin (m)deleted text end new text begin (n)new text end "Health-related procedures and tasks" means procedures and tasks related
to the specific needs of an individual that can be deleted text begin delegateddeleted text end new text begin taughtnew text end or assigned by a
state-licensed healthcare or mental health professional and performed by a support worker.
deleted text begin (n)deleted text end new text begin (o)new text end "Instrumental activities of daily living" means activities related to
living independently in the community, including but not limited to: meal planning,
preparation, and cooking; shopping for food, clothing, or other essential items; laundry;
housecleaning; assistance with medications; managing finances; communicating needs
and preferences during activities; arranging supports; and assistance with traveling around
and participating in the community.
deleted text begin (o)deleted text end new text begin (p)new text end "Legal representative" means parent of a minor, a court-appointed guardian,
or another representative with legal authority to make decisions about services and
supports for the participant. Other representatives with legal authority to make decisions
include but are not limited to a health care agent or an attorney-in-fact authorized through
a health care directive or power of attorney.
deleted text begin (p)deleted text end new text begin (q)new text end "Medication assistance" means providing verbal or visual reminders to take
regularly scheduled medication, and includes any of the following supports listed in clauses
(1) to (3) and other types of assistance, except that a support worker may not determine
medication dose or time for medication or inject medications into veins, muscles, or skin:
(1) under the direction of the participant or the participant's representative, bringing
medications to the participant including medications given through a nebulizer, opening a
container of previously set-up medications, emptying the container into the participant's
hand, opening and giving the medication in the original container to the participant, or
bringing to the participant liquids or food to accompany the medication;
(2) organizing medications as directed by the participant or the participant's
representative; and
(3) providing verbal or visual reminders to perform regularly scheduled medications.
deleted text begin (q)deleted text end new text begin (r)new text end "Participant's representative" means a parent, family member, advocate,
or other adult authorized by the participant to serve as a representative in connection
with the provision of CFSS. This authorization must be in writing or by another method
that clearly indicates the participant's free choice. The participant's representative must
have no financial interest in the provision of any services included in the participant's
service delivery plan and must be capable of providing the support necessary to assist
the participant in the use of CFSS. If through the assessment process described in
subdivision 5 a participant is determined to be in need of a participant's representative, one
must be selected. If the participant is unable to assist in the selection of a participant's
representative, the legal representative shall appoint one. Two persons may be designated
as a participant's representative for reasons such as divided households and court-ordered
custodies. Duties of a participant's representatives may include:
(1) being available while deleted text begin care isdeleted text end new text begin services arenew text end provided in a method agreed upon by
the participant or the participant's legal representative and documented in the participant's
CFSS service delivery plan;
(2) monitoring CFSS services to ensure the participant's CFSS service delivery
plan is being followed; and
(3) reviewing and signing CFSS time sheets after services are provided to provide
verification of the CFSS services.
deleted text begin (r)deleted text end new text begin (s)new text end "Person-centered planning process" means a process that is directed by the
participant to plan for services and supports. The person-centered planning process must:
(1) include people chosen by the participant;
(2) provide necessary information and support to ensure that the participant directs
the process to the maximum extent possible, and is enabled to make informed choices
and decisions;
(3) be timely and occur at time and locations of convenience to the participant;
(4) reflect cultural considerations of the participant;
(5) include strategies for solving conflict or disagreement within the process,
including clear conflict-of-interest guidelines for all planning;
(6) provide the participant choices of the services and supports they receive and the
staff providing those services and supports;
(7) include a method for the participant to request updates to the plan; and
(8) record the alternative home and community-based settings that were considered
by the participant.
deleted text begin (s)deleted text end new text begin (t)new text end "Shared services" means the provision of CFSS services by the same CFSS
support worker to two or three participants who voluntarily enter into an agreement to
receive services at the same time and in the same setting by the same deleted text begin providerdeleted text end new text begin employernew text end .
deleted text begin
(t) "Support specialist" means a professional with the skills and ability to assist the
participant using either the agency-provider model under subdivision 11 or the flexible
spending model under subdivision 13, in services including but not limited to assistance
regarding:
deleted text end
deleted text begin
(1) the development, implementation, and evaluation of the CFSS service delivery
plan under subdivision 6;
deleted text end
deleted text begin
(2) recruitment, training, or supervision, including supervision of health-related tasks
or behavioral supports appropriately delegated or assigned by a health care professional,
and evaluation of support workers; and
deleted text end
deleted text begin
(3) facilitating the use of informal and community supports, goods, or resources.
deleted text end
(u) "Support worker" means deleted text begin andeleted text end new text begin a qualified and trainednew text end employee of the deleted text begin agency
providerdeleted text end new text begin agency-providernew text end or of the participant new text begin employer under the budget model new text end who
has direct contact with the participant and provides services as specified within the
participant's service delivery plan.
(v) "Wages and benefits" means the hourly wages and salaries, the employer's
share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers'
compensation, mileage reimbursement, health and dental insurance, life insurance,
disability insurance, long-term care insurance, uniform allowance, contributions to
employee retirement accounts, or other forms of employee compensation and benefits.
new text begin
(w) "Worker training and development" means services for developing workers'
skills as required by the participant's individual CFSS delivery plan that are arranged for
or provided by the agency-provider or purchased by the participant employer. These
services include training, education, direct observation and supervision, and evaluation
and coaching of job skills and tasks, including supervision of health-related tasks or
behavioral supports.
new text end
Sec. 5.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 3, is
amended to read:
Subd. 3.
Eligibility.
(a) CFSS is available to a person who meets one of the
following:
(1) is deleted text begin a recipientdeleted text end new text begin an enrolleenew text end of medical assistance as determined under section
256B.055, 256B.056, or 256B.057, subdivisions 5 and 9;
(2) is a deleted text begin recipient ofdeleted text end new text begin participant innew text end the alternative care program under section
256B.0913;
(3) is a waiver deleted text begin recipientdeleted text end new text begin participantnew text end as defined under section 256B.0915, 256B.092,
256B.093, or 256B.49; or
(4) has medical services identified in a participant's individualized education
program and is eligible for services as determined in section 256B.0625, subdivision 26.
(b) In addition to meeting the eligibility criteria in paragraph (a), a person must also
meet all of the following:
(1) require assistance and be determined dependent in one activity of daily living or
Level I behavior based on assessment under section 256B.0911;new text begin and
new text end
(2) is not a deleted text begin recipient ofdeleted text end new text begin participant undernew text end a family support grant under section 252.32deleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(3) lives in the person's own apartment or home including a family foster care setting
licensed under chapter 245A, but not in corporate foster care under chapter 245A; or a
noncertified boarding care home or a boarding and lodging establishment under chapter
157.
deleted text end
Sec. 6.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 5, is
amended to read:
Subd. 5.
Assessment requirements.
(a) The assessment of functional need must:
(1) be conducted by a certified assessor according to the criteria established in
section 256B.0911, subdivision 3a;
(2) be conducted face-to-face, initially and at least annually thereafter, or when there
is a significant change in the participant's condition or a change in the need for services
and supportsnew text begin , or at the request of the participant when the participant experiences a change
in condition or needs a change in services or supportsnew text end ; and
(3) be completed using the format established by the commissioner.
deleted text begin
(b) A participant who is residing in a facility may be assessed and choose CFSS for
the purpose of using CFSS to return to the community as described in subdivisions 3
and 7, paragraph (a), clause (5).
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The results of the assessment and any recommendations and authorizations
for CFSS must be determined and communicated in writing by the lead agency's certified
assessor as defined in section 256B.0911 to the participant and the agency-provider or
deleted text begin financial management services providerdeleted text end new text begin FMS contractornew text end chosen by the participant within
40 calendar days and must include the participant's right to appeal under section 256.045,
subdivision 3.
deleted text begin (d)deleted text end new text begin (c)new text end The lead agency assessor may deleted text begin requestdeleted text end new text begin authorizenew text end a temporary authorization
for CFSS servicesnew text begin to be provided under the agency-provider modelnew text end . Authorization for
a temporary level of CFSS services new text begin under the agency-provider model new text end is limited to the
time specified by the commissioner, but shall not exceed 45 days. The level of services
authorized under this deleted text begin provisiondeleted text end new text begin paragraphnew text end shall have no bearing on a future authorization.
Sec. 7.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 6, is
amended to read:
Subd. 6.
Community first services and support service delivery plan.
(a) The
CFSS service delivery plan must be developeddeleted text begin , implemented,deleted text end and evaluated through a
person-centered planning process by the participant, or the participant's representative
or legal representative who may be assisted by a deleted text begin support specialistdeleted text end new text begin consultation services
providernew text end . The CFSS service delivery plan must reflect the services and supports that
are important to the participant and for the participant to meet the needs assessed
by the certified assessor and identified in the community support plan under section
256B.0911, subdivision 3, or the coordinated services and support plan identified in
section 256B.0915, subdivision 6, if applicable. The CFSS service delivery plan must be
reviewed by the participantnew text begin , the consultation services provider,new text end and the agency-provider
or deleted text begin financial management servicesdeleted text end new text begin FMSnew text end contractor new text begin prior to starting services and new text end at least
annually upon reassessment, or when there is a significant change in the participant's
condition, or a change in the need for services and supports.
(b) The commissioner shall establish the format and criteria for the CFSS service
delivery plan.
(c) The CFSS service delivery plan must be person-centered and:
(1) specify the new text begin consultation services provider, new text end agency-providernew text begin ,new text end or deleted text begin financial
management servicesdeleted text end new text begin FMSnew text end contractor selected by the participant;
(2) reflect the setting in which the participant resides that is chosen by the participant;
(3) reflect the participant's strengths and preferences;
(4) include the means to address the clinical and support needs as identified through
an assessment of functional needs;
(5) include individually identified goals and desired outcomes;
(6) reflect the services and supports, paid and unpaid, that will assist the participant
to achieve identified goals, new text begin including the costs of the services and supports, new text end and the
providers of those services and supports, including natural supports;
(7) identify the amount and frequency of face-to-face supports and amount and
frequency of remote supports and technology that will be used;
(8) identify risk factors and measures in place to minimize them, including
individualized backup plans;
(9) be understandable to the participant and the individuals providing support;
(10) identify the individual or entity responsible for monitoring the plan;
(11) be finalized and agreed to in writing by the participant and signed by all
individuals and providers responsible for its implementation;
(12) be distributed to the participant and other people involved in the plan; deleted text begin and
deleted text end
(13) prevent the provision of unnecessary or inappropriate caredeleted text begin .deleted text end new text begin ;
new text end
new text begin
(14) include a detailed budget for expenditures for budget model participants or
participants under the agency-provider model if purchasing goods; and
new text end
new text begin
(15) include a plan for worker training and development detailing what service
components will be used, when the service components will be used, how they will be
provided, and how these service components relate to the participant's individual needs
and CFSS support worker services.
new text end
(d) The total units of agency-provider services or the new text begin service new text end budget deleted text begin allocation
deleted text end amount for the budget model include both annual totals and a monthly average amount
that cover the number of months of the service authorization. The amount used each
month may vary, but additional funds must not be provided above the annual service
authorization amount unless a change in condition is assessed and authorized by the
certified assessor and documented in the community support plan, coordinated services
and supports plan, and new text begin CFSS new text end service delivery plan.
new text begin
(e) In assisting with the development or modification of the plan during the
authorization time period, the consultation services provider shall:
new text end
new text begin
(1) consult with the FMS contractor on the spending budget when applicable; and
new text end
new text begin
(2) consult with the participant or participant's representative, agency-provider, and
case manager/care coordinator.
new text end
new text begin
(f) The service plan must be approved by the consultation services provider for
participants without a case manager/care coordinator. A case manager/care coordinator
must approve the plan for a waiver or alternative care program participant.
new text end
Sec. 8.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 7, is
amended to read:
Subd. 7.
Community first services and supports; covered services.
Within the
service unit authorization or new text begin service new text end budget deleted text begin allocationdeleted text end new text begin amountnew text end , services and supports
covered under CFSS include:
(1) assistance to accomplish activities of daily living (ADLs), instrumental activities
of daily living (IADLs), and health-related procedures and tasks through hands-on
assistance to accomplish the task or constant supervision and cueing to accomplish the task;
(2) assistance to acquire, maintain, or enhance the skills necessary for the participant
to accomplish activities of daily living, instrumental activities of daily living, or
health-related tasks;
(3) expenditures for items, services, supports, environmental modifications, or
goods, including assistive technology. These expenditures must:
(i) relate to a need identified in a participant's CFSS service delivery plan;
(ii) increase independence or substitute for human assistance to the extent that
expenditures would otherwise be made for human assistance for the participant's assessed
needs;
(4) observation and redirection for behavior or symptoms where there is a need for
assistance. An assessment of behaviors must meet the criteria in this clause. A deleted text begin recipient
deleted text end new text begin participantnew text end qualifies as having a need for assistance due to behaviors if the deleted text begin recipient's
deleted text end new text begin participant'snew text end behavior requires assistance at least four times per week and shows one or
more of the following behaviors:
(i) physical aggression towards self or others, or destruction of property that requires
the immediate response of another person;
(ii) increased vulnerability due to cognitive deficits or socially inappropriate
behavior; or
(iii) increased need for assistance for deleted text begin recipientsdeleted text end new text begin participantsnew text end who are verbally
aggressive or resistive to care so that time needed to perform activities of daily living is
increased;
(5) back-up systems or mechanisms, such as the use of pagers or other electronic
devices, to ensure continuity of the participant's services and supports;
deleted text begin
(6) transition costs, including:
deleted text end
deleted text begin
(i) deposits for rent and utilities;
deleted text end
deleted text begin
(ii) first month's rent and utilities;
deleted text end
deleted text begin
(iii) bedding;
deleted text end
deleted text begin
(iv) basic kitchen supplies;
deleted text end
deleted text begin
(v) other necessities, to the extent that these necessities are not otherwise covered
under any other funding that the participant is eligible to receive; and
deleted text end
deleted text begin
(vi) other required necessities for an individual to make the transition from a nursing
facility, institution for mental diseases, or intermediate care facility for persons with
developmental disabilities to a community-based home setting where the participant
resides; and
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end services new text begin provided new text end by a deleted text begin support specialistdeleted text end new text begin consultation services provider under
contract with the department and enrolled as a Minnesota health care program provider as
new text end defined under subdivision deleted text begin 2 that are chosen by the participant.deleted text end new text begin 17;
new text end
new text begin
(7) services provided by an FMS contractor under contract with the department
as defined under subdivision 13;
new text end
new text begin
(8) CFSS services provided by a qualified support worker who is a parent, stepparent,
or legal guardian of a participant under age 18, or who is the participant's spouse. These
support workers shall not provide any medical assistance home and community-based
services in excess of 40 hours per seven-day period regardless of the number of parents,
combination of parents and spouses, or number of children who receive medical assistance
services; and
new text end
new text begin
(9) worker training and development services as defined in subdivision 2, paragraph
(w), and described in subdivision 18a.
new text end
Sec. 9.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 8, is
amended to read:
Subd. 8.
Determination of CFSS service methodology.
(a) All community first
services and supports must be authorized by the commissioner or the commissioner's
designee before services begin, except for the assessments established in section
256B.0911. The authorization for CFSS must be completed as soon as possible following
an assessment but no later than 40 calendar days from the date of the assessment.
(b) The amount of CFSS authorized must be based on the deleted text begin recipient'sdeleted text end new text begin participant's
new text end home care rating described in paragraphs (d) and (e) and any additional service units for
which the deleted text begin persondeleted text end new text begin participantnew text end qualifies as described in paragraph (f).
(c) The home care rating shall be determined by the commissioner or the
commissioner's designee based on information submitted to the commissioner identifying
the following for a deleted text begin recipientdeleted text end new text begin participantnew text end :
(1) the total number of dependencies of activities of daily living as defined in
subdivision 2, paragraph (b);
(2) the presence of complex health-related needs as defined in subdivision 2,
paragraph (e); and
(3) the presence of Level I behavior as defined in subdivision 2, paragraph (d)deleted text begin ,
clause (1)deleted text end .
(d) The methodology to determine the total service units for CFSS for each home
care rating is based on the median paid units per day for each home care rating from
fiscal year 2007 data for the PCA program.
(e) Each home care rating is designated by the letters P through Z and EN and has
the following base number of service units assigned:
(1) P home care rating requires Level I behavior or one to three dependencies in
ADLs and qualifies one for five service units;
(2) Q home care rating requires Level I behavior and one to three dependencies in
ADLs and qualifies one for six service units;
(3) R home care rating requires a complex health-related need and one to three
dependencies in ADLs and qualifies one for seven service units;
(4) S home care rating requires four to six dependencies in ADLs and qualifies
one for ten service units;
(5) T home care rating requires four to six dependencies in ADLs and Level I
behavior and qualifies one for 11 service units;
(6) U home care rating requires four to six dependencies in ADLs and a complex
health-related need and qualifies one for 14 service units;
(7) V home care rating requires seven to eight dependencies in ADLs and qualifies
one for 17 service units;
(8) W home care rating requires seven to eight dependencies in ADLs and Level I
behavior and qualifies one for 20 service units;
(9) Z home care rating requires seven to eight dependencies in ADLs and a complex
health-related need and qualifies one for 30 service units; and
(10) EN home care rating includes ventilator dependency as defined in section
256B.0651, subdivision 1, paragraph (g). deleted text begin Recipientsdeleted text end new text begin Participantsnew text end who meet the definition
of ventilator-dependent and the EN home care rating and utilize a combination of
CFSS and other home care services are limited to a total of 96 service units per day for
those services in combination. Additional units may be authorized when a deleted text begin recipient's
deleted text end new text begin participant'snew text end assessment indicates a need for two staff to perform activities. Additional
time is limited to 16 service units per day.
(f) Additional service units are provided through the assessment and identification of
the following:
(1) 30 additional minutes per day for a dependency in each critical activity of daily
living as defined in subdivision 2, paragraph deleted text begin (h)deleted text end new text begin (j)new text end ;
(2) 30 additional minutes per day for each complex health-related function as
defined in subdivision 2, paragraph deleted text begin (e)deleted text end new text begin (f)new text end ; and
(3) 30 additional minutes per day for each behavior issue as defined in subdivision 2,
paragraph (d).
new text begin
(g) The service budget for budget model participants shall be based on:
new text end
new text begin
(1) assessed units as determined by the home care rating; and
new text end
new text begin
(2) an adjustment needed for administrative expenses.
new text end
Sec. 10.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 9, is
amended to read:
Subd. 9.
Noncovered services.
(a) Services or supports that are not eligible for
payment under this section include those that:
(1) are not authorized by the certified assessor or included in the written service
delivery plan;
(2) are provided prior to the authorization of services and the approval of the written
CFSS service delivery plan;
(3) are duplicative of other paid services in the written service delivery plan;
(4) supplant natural unpaid supports that appropriately meet a need in the service
plan, are provided voluntarily to the participant, and are selected by the participant in lieu
of other services and supports;
(5) are not effective means to meet the participant's needs; and
(6) are available through other funding sources, including, but not limited to, funding
through title IV-E of the Social Security Act.
(b) Additional services, goods, or supports that are not covered include:
(1) those that are not for the direct benefit of the participant, except that services for
caregivers such as training to improve the ability to provide CFSS are considered to directly
benefit the participant if chosen by the participant and approved in the support plan;
(2) any fees incurred by the participant, such as Minnesota health care programs fees
and co-pays, legal fees, or costs related to advocate agencies;
(3) insurance, except for insurance costs related to employee coverage;
(4) room and board costs for the participant deleted text begin with the exception of allowable
transition costs in subdivision 7, clause (6)deleted text end ;
(5) services, supports, or goods that are not related to the assessed needs;
(6) special education and related services provided under the Individuals with
Disabilities Education Act and vocational rehabilitation services provided under the
Rehabilitation Act of 1973;
(7) assistive technology devices and assistive technology services other than those
for back-up systems or mechanisms to ensure continuity of service and supports listed in
subdivision 7;
(8) medical supplies and equipmentnew text begin covered under medical assistancenew text end ;
(9) environmental modifications, except as specified in subdivision 7;
(10) expenses for travel, lodging, or meals related to training the participantdeleted text begin ,deleted text end new text begin ornew text end the
participant's representativedeleted text begin ,deleted text end new text begin or new text end legal representativedeleted text begin , or paid or unpaid caregivers that
exceed $500 in a 12-month perioddeleted text end ;
(11) experimental treatments;
(12) any service or good covered by other medical assistance state plan services,
including prescription and over-the-counter medications, compounds, and solutions and
related fees, including premiums and co-payments;
(13) membership dues or costs, except when the service is necessary and appropriate
to treat a deleted text begin physicaldeleted text end new text begin healthnew text end condition or to improve or maintain the participant's deleted text begin physical
deleted text end new text begin healthnew text end condition. The condition must be identified in the participant's CFSS plan and
monitored by a deleted text begin physician enrolled in adeleted text end Minnesota health care programnew text begin enrolled physiciannew text end ;
(14) vacation expenses other than the cost of direct services;
(15) vehicle maintenance or modifications not related to the disability, health
condition, or physical need; deleted text begin and
deleted text end
(16) tickets and related costs to attend sporting or other recreational or entertainment
eventsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(17) services provided and billed by a provider who is not an enrolled CFSS provider;
new text end
new text begin
(18) CFSS provided by a participant's representative or paid legal guardian;
new text end
new text begin
(19) services that are used solely as a child care or babysitting service;
new text end
new text begin
(20) services that are the responsibility or in the daily rate of a residential or program
license holder under the terms of a service agreement and administrative rules;
new text end
new text begin
(21) sterile procedures;
new text end
new text begin
(22) giving of injections into veins, muscles, or skin;
new text end
new text begin
(23) homemaker services that are not an integral part of the assessed CFSS service;
new text end
new text begin
(24) home maintenance or chore services;
new text end
new text begin
(25) home care services, including hospice services if elected by the participant,
covered by Medicare or any other insurance held by the participant;
new text end
new text begin
(26) services to other members of the participant's household;
new text end
new text begin
(27) services not specified as covered under medical assistance as CFSS;
new text end
new text begin
(28) application of restraints or implementation of deprivation procedures;
new text end
new text begin
(29) assessments by CFSS provider organizations or by independently enrolled
registered nurses;
new text end
new text begin
(30) services provided in lieu of legally required staffing in a residential or child
care setting; and
new text end
new text begin
(31) services provided by the residential or program license holder in a residence for
more than four persons.
new text end
Sec. 11.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 10,
is amended to read:
Subd. 10.
deleted text begin Providerdeleted text end new text begin Agency-provider and FMS contractornew text end qualifications deleted text begin anddeleted text end new text begin ,
new text end general requirementsnew text begin , and dutiesnew text end .
new text begin (a) new text end Agency-providers delivering services under the
agency-provider model under subdivision 11 or deleted text begin financial management service (FMS)
deleted text end new text begin FMSnew text end contractors under subdivision 13 shall:
(1) enroll as a medical assistance Minnesota health care programs provider and meet
all applicable provider standardsnew text begin and requirementsnew text end ;
deleted text begin
(2) comply with medical assistance provider enrollment requirements;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end demonstrate compliance with deleted text begin lawdeleted text end new text begin federal and state lawsnew text end and policies deleted text begin ofdeleted text end new text begin for
new text end CFSS as determined by the commissioner;
deleted text begin (4)deleted text end new text begin (3)new text end comply with background study requirements under chapter 245Cnew text begin and
maintain documentation of background study requests and resultsnew text end ;
deleted text begin (5)deleted text end new text begin (4)new text end verify and maintain records of all services and expenditures by the participant,
including hours worked by support workers deleted text begin and support specialistsdeleted text end ;
deleted text begin (6)deleted text end new text begin (5)new text end not engage in any agency-initiated direct contact or marketing in person, by
telephone, or other electronic means to potential participants, guardians, family members,
or participants' representatives;
new text begin
(6) directly provide services and not use a subcontractor or reporting agent;
new text end
new text begin
(7) meet the financial requirements established by the commissioner for financial
solvency;
new text end
new text begin
(8) have never had a lead agency contract or provider agreement discontinued due to
fraud, or have never had an owner, board member, or manager fail a state or FBI-based
criminal background check while enrolled or seeking enrollment as a Minnesota health
care programs provider;
new text end
new text begin
(9) have established business practices that include written policies and procedures,
internal controls, and a system that demonstrates the organization's ability to deliver
quality CFSS; and
new text end
new text begin
(10) have an office located in Minnesota.
new text end
new text begin
(b) In conducting general duties, agency-providers and FMS contractors shall:
new text end
deleted text begin (7)deleted text end new text begin (1)new text end pay support workers deleted text begin and support specialistsdeleted text end based upon actual hours of
services provided;
new text begin
(2) pay for worker training and development services based upon actual hours of
services provided or the unit cost of the training session purchased;
new text end
deleted text begin (8)deleted text end new text begin (3)new text end withhold and pay all applicable federal and state payroll taxes;
deleted text begin (9)deleted text end new text begin (4)new text end make arrangements and pay unemployment insurance, taxes, workers'
compensation, liability insurance, and other benefits, if any;
deleted text begin (10)deleted text end new text begin (5)new text end enter into a written agreement with the participant, participant's
representative, or legal representative that assigns roles and responsibilities to be
performed before services, supports, or goods are provided using a format established by
the commissioner;
deleted text begin (11)deleted text end new text begin (6)new text end report maltreatment as required under sections 626.556 and 626.557; deleted text begin and
deleted text end
deleted text begin (12)deleted text end new text begin (7)new text end provide the participant with a copy of the service-related rights under
subdivision 20 at the start of services and supportsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(8) comply with any data requests from the department consistent with the
Minnesota Government Data Practices Act under chapter 13.
new text end
Sec. 12.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 11,
is amended to read:
Subd. 11.
Agency-provider model.
(a) The agency-provider model deleted text begin is limited to
thedeleted text end new text begin includesnew text end services provided by support workers and deleted text begin support specialistsdeleted text end new text begin staff providing
worker training and development servicesnew text end who are employed by an agency-provider
that is licensed according to chapter 245A or meets other criteria established by the
commissioner, including required training.
(b) The agency-provider shall allow the participant to have a significant role in the
selection and dismissal of the support workers for the delivery of the services and supports
specified in the participant's service delivery plan.
(c) A participant may use authorized units of CFSS services as needed within a
service authorization that is not greater than 12 months. Using authorized units in a
flexible manner in either the agency-provider model or the budget model does not increase
the total amount of services and supports authorized for a participant or included in the
participant's service delivery plan.
(d) A participant may share CFSS services. Two or three CFSS participants may
share services at the same time provided by the same support worker.
(e) The agency-provider must use a minimum of 72.5 percent of the revenue
generated by the medical assistance payment for CFSS for support worker wages and
benefits. The agency-provider must document how this requirement is being met. The
revenue generated by the deleted text begin support specialistdeleted text end new text begin worker training and development services
new text end and the reasonable costs associated with the deleted text begin support specialistdeleted text end new text begin worker training and
development servicesnew text end must not be used in making this calculation.
(f) The agency-provider model must be used by individuals who have been restricted
by the Minnesota restricted recipient program under Minnesota Rules, parts 9505.2160
to 9505.2245.
new text begin
(g) Participants purchasing goods under this model, along with support worker
services, must:
new text end
new text begin
(1) specify the goods in the service delivery plan and detailed budget for
expenditures that must be approved by the consultation services provider or the case
manager/care coordinator; and
new text end
new text begin
(2) use the FMS contractor for the billing and payment of such goods.
new text end
Sec. 13.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12,
is amended to read:
Subd. 12.
Requirements for enrollment of CFSS deleted text begin providerdeleted text end new text begin agency-provider
new text end agencies.
(a) All CFSS deleted text begin provider agenciesdeleted text end new text begin agency-providersnew text end must provide, at the time of
enrollment, reenrollment, and revalidation as a CFSS deleted text begin provider agencydeleted text end new text begin agency-providernew text end in
a format determined by the commissioner, information and documentation that includes,
but is not limited to, the following:
(1) the CFSS deleted text begin provider agency'sdeleted text end new text begin agency-provider'snew text end current contact information
including address, telephone number, and e-mail address;
(2) proof of surety bond coverage. Upon new enrollment, or if the deleted text begin provider agency's
deleted text end new text begin agency-provider'snew text end Medicaid revenue in the previous calendar year is less than or equal
to $300,000, the deleted text begin provider agencydeleted text end new text begin agency-providernew text end must purchase a performance bond of
$50,000. If the deleted text begin provider agency'sdeleted text end new text begin agency-provider'snew text end Medicaid revenue in the previous
calendar year is greater than $300,000, the deleted text begin provider agencydeleted text end new text begin agency-providernew text end must
purchase a performance bond of $100,000. The performance bond must be in a form
approved by the commissioner, must be renewed annually, and must allow for recovery of
costs and fees in pursuing a claim on the bond;
(3) proof of fidelity bond coverage in the amount of $20,000;
(4) proof of workers' compensation insurance coverage;
(5) proof of liability insurance;
(6) a description of the CFSS deleted text begin provider agency'sdeleted text end new text begin agency-provider'snew text end organization
identifying the names of all owners, managing employees, staff, board of directors, and
the affiliations of the directorsdeleted text begin ,deleted text end new text begin andnew text end ownersdeleted text begin , or staffdeleted text end to other service providers;
(7) a copy of the CFSS deleted text begin provider agency'sdeleted text end new text begin agency-provider'snew text end written policies and
procedures including: hiring of employees; training requirements; service delivery;
and employee and consumer safety including process for notification and resolution
of consumer grievances, identification and prevention of communicable diseases, and
employee misconduct;
(8) copies of all other forms the CFSS deleted text begin provider agencydeleted text end new text begin agency-providernew text end uses in the
course of daily business including, but not limited to:
(i) a copy of the CFSS deleted text begin provider agency'sdeleted text end new text begin agency-provider'snew text end time sheet if the time
sheet varies from the standard time sheet for CFSS services approved by the commissioner,
and a letter requesting approval of the CFSS deleted text begin provider agency'sdeleted text end new text begin agency-provider's
new text end nonstandard time sheet; and
(ii) deleted text begin thedeleted text end new text begin a copy of the participant's individualnew text end CFSS deleted text begin provider agency's template for the
CFSS caredeleted text end new text begin service deliverynew text end plan;
(9) a list of all training and classes that the CFSS deleted text begin provider agencydeleted text end new text begin agency-provider
new text end requires of its staff providing CFSS services;
(10) documentation that the CFSS deleted text begin provider agencydeleted text end new text begin agency-providernew text end and staff have
successfully completed all the training required by this section;
(11) documentation of the deleted text begin agency'sdeleted text end new text begin agency-provider'snew text end marketing practices;
(12) disclosure of ownership, leasing, or management of all residential properties
that are used or could be used for providing home care services;
(13) documentation that the deleted text begin agencydeleted text end new text begin agency-providernew text end will use at least the following
percentages of revenue generated from the medical assistance rate paid for CFSS services
for deleted text begin employee personal care assistantdeleted text end new text begin CFSS support workernew text end wages and benefits: 72.5
percent of revenue from CFSS providers. The revenue generated by the deleted text begin support specialist
deleted text end new text begin worker training and development servicesnew text end and the reasonable costs associated with the
deleted text begin support specialistdeleted text end new text begin worker training and development servicesnew text end shall not be used in making
this calculation; and
(14) documentation that the deleted text begin agencydeleted text end new text begin agency-providernew text end does not burden deleted text begin recipients'
deleted text end new text begin participants'new text end free exercise of their right to choose service providers by requiring deleted text begin personal
care assistantsdeleted text end new text begin CFSS support workersnew text end to sign an agreement not to work with any particular
CFSS deleted text begin recipientdeleted text end new text begin participantnew text end or for another CFSS deleted text begin provider agencydeleted text end new text begin agency-providernew text end after
leaving the agency and that the agency is not taking action on any such agreements or
requirements regardless of the date signed.
(b) CFSS deleted text begin provider agenciesdeleted text end new text begin agency-providersnew text end shall provide to the commissioner
the information specified in paragraph (a).
(c) All CFSS deleted text begin provider agenciesdeleted text end new text begin agency-providersnew text end shall require all employees in
management and supervisory positions and owners of the agency who are active in the
day-to-day management and operations of the agency to complete mandatory training as
determined by the commissioner. Employees in management and supervisory positions
and owners who are active in the day-to-day operations of an agency who have completed
the required training as an employee with a CFSS deleted text begin provider agencydeleted text end new text begin agency-providernew text end do
not need to repeat the required training if they are hired by another agency, if they have
completed the training within the past three years. CFSS deleted text begin provider agencydeleted text end new text begin agency-provider
new text end billing staff shall complete training about CFSS program financial management. Any new
owners or employees in management and supervisory positions involved in the day-to-day
operations are required to complete mandatory training as a requisite of working for the
agency. deleted text begin CFSS provider agencies certified for participation in Medicare as home health
agencies are exempt from the training required in this subdivision.
deleted text end
new text begin
(d) The commissioner shall send annual review notifications to agency-providers 30
days prior to renewal. The notification must:
new text end
new text begin
(1) list the materials and information the agency-provider is required to submit;
new text end
new text begin
(2) provide instructions on submitting information to the commissioner; and
new text end
new text begin
(3) provide a due date by which the commissioner must receive the requested
information.
new text end
new text begin
Agency-providers shall submit the required documentation for annual review within
30 days of notification from the commissioner. If no documentation is submitted, the
agency-provider enrollment number must be terminated or suspended.
new text end
Sec. 14.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 13,
is amended to read:
Subd. 13.
Budget model.
(a) Under the budget model participants deleted text begin candeleted text end new text begin maynew text end exercise
deleted text begin moredeleted text end responsibility and control over the services and supports described and budgeted
within the CFSS service delivery plan. new text begin Participants must use services provided by an FMS
contractor as defined in subdivision 2, paragraph (m). new text end Under this model, participants may
use their new text begin approved service new text end budget allocation to:
(1) directly employ support workersnew text begin , and pay wages, federal and state payroll taxes,
and premiums for workers' compensation, liability, and health insurance coveragenew text end ;new text begin and
new text end
(2) obtain supports and goods as defined in subdivision 7deleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) choose a range of support assistance services from the financial management
services (FMS) contractor related to:
deleted text end
deleted text begin
(i) assistance in managing the budget to meet the service delivery plan needs,
consistent with federal and state laws and regulations;
deleted text end
deleted text begin
(ii) the employment, training, supervision, and evaluation of workers by the
participant;
deleted text end
deleted text begin
(iii) acquisition and payment for supports and goods; and
deleted text end
deleted text begin
(iv) evaluation of individual service outcomes as needed for the scope of the
participant's degree of control and responsibility.
deleted text end
(b) Participants who are unable to fulfill any of the functions listed in paragraph (a)
may authorize a legal representative or participant's representative to do so on their behalf.
new text begin
(c) The commissioner shall disenroll or exclude participants from the budget model
and transfer them to the agency-provider model under the following circumstances that
include but are not limited to:
new text end
new text begin
(1) when a participant has been restricted by the Minnesota restricted recipient
program, in which case the participant may be excluded for a specified time period under
Minnesota Rules, parts 9505.2160 to 9505.2245;
new text end
new text begin
(2) when a participant exits the budget model during the participant's service plan
year. Upon transfer, the participant shall not access the budget model for the remainder of
that service plan year; or
new text end
new text begin
(3) when the department determines that the participant or participant's representative
or legal representative cannot manage participant responsibilities under the budget model.
The commissioner must develop policies for determining if a participant is unable to
manage responsibilities under the budget model.
new text end
new text begin
(d) A participant may appeal in writing to the department under section 256.045,
subdivision 3, to contest the department's decision under paragraph (c), clause (3), to
disenroll or exclude the participant from the budget model.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end The FMS contractor shall not provide CFSS services and supports under the
agency-provider service model.
new text begin (f) new text end The FMS contractor shall provide service functions as determined by the
commissioner new text begin for budget model participants new text end that include but are not limited to:
deleted text begin
(1) information and consultation about CFSS;
deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end assistance with the development of the new text begin detailed budget for expenditures
portion of the new text end service delivery plan deleted text begin and budget modeldeleted text end as requested by the new text begin consultation
services provider or new text end participant;
deleted text begin (3)deleted text end new text begin (2)new text end billing and making payments for budget model expenditures;
deleted text begin (4)deleted text end new text begin (3)new text end assisting participants in fulfilling employer-related requirements according to
deleted text begin Internal Revenue Service Revenue Procedure 70-6, section 3504, Agency Employer Tax
Liability, regulation 137036-08deleted text end new text begin section 3504 of the Internal Revenue Code and related
regulations and interpretations, including Code of Federal Regulations, title 26, section
31.3504-1new text end , which includes assistance with filing and paying payroll taxes, and obtaining
worker compensation coverage;
deleted text begin (5)deleted text end new text begin (4)new text end data recording and reporting of participant spending; deleted text begin and
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end other duties established in the contract with the department, including with
respect to providing assistance to the participant, participant's representative, or legal
representative in performing their employer responsibilities regarding support workers.
The support worker shall not be considered the employee of the deleted text begin financial management
servicesdeleted text end new text begin FMSnew text end contractordeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) billing, payment, and accounting of approved expenditures for goods for
agency-provider participants.
new text end
deleted text begin
(d) A participant who requests to purchase goods and supports along with support
worker services under the agency-provider model must use the budget model with
a service delivery plan that specifies the amount of services to be authorized to the
agency-provider and the expenditures to be paid by the FMS contractor.
deleted text end
deleted text begin (e)deleted text end new text begin (g)new text end The FMS contractor shall:
(1) not limit or restrict the participant's choice of service or support providers or
service delivery models consistent with any applicable state and federal requirements;
(2) provide the participantnew text begin , consultation services provider,new text end and the deleted text begin targeteddeleted text end case
manager, if applicable, with a monthly written summary of the spending for services and
supports that were billed against the spending budget;
(3) be knowledgeable of state and federal employment regulations, including those
under the Fair Labor Standards Act of 1938, and comply with the requirements under deleted text begin the
Internal Revenue Service Revenue Procedure 70-6, Section 3504,deleted text end new text begin section 3504 of the
Internal Revenue Code and related regulations and interpretations, including Code of
Federal Regulations, title 26, section 31.3504-1, regardingnew text end agency employer tax liability
for vendor or fiscal employer agent, and any requirements necessary to process employer
and employee deductions, provide appropriate and timely submission of employer tax
liabilities, and maintain documentation to support medical assistance claims;
(4) have current and adequate liability insurance and bonding and sufficient cash
flow as determined by the commissioner and have on staff or under contract a certified
public accountant or an individual with a baccalaureate degree in accounting;
(5) assume fiscal accountability for state funds designated for the programnew text begin and be
held liable for any overpayments or violations of applicable statutes or rules, including
but not limited to the Minnesota False Claims Actnew text end ; and
(6) maintain documentation of receipts, invoices, and bills to track all services and
supports expenditures for any goods purchased and maintain time records of support
workers. The documentation and time records must be maintained for a minimum of
five years from the claim date and be available for audit or review upon request by the
commissioner. Claims submitted by the FMS contractor to the commissioner for payment
must correspond with services, amounts, and time periods as authorized in the participant's
deleted text begin spendingdeleted text end new text begin servicenew text end budget and service plannew text begin and must contain specific identifying information
as determined by the commissionernew text end .
deleted text begin (f)deleted text end new text begin (h)new text end The commissioner of human services shall:
(1) establish rates and payment methodology for the FMS contractor;
(2) identify a process to ensure quality and performance standards for the FMS
contractor and ensure statewide access to FMS contractors; and
(3) establish a uniform protocol for delivering and administering CFSS services
to be used by eligible FMS contractors.
deleted text begin
(g) The commissioner of human services shall disenroll or exclude participants from
the budget model and transfer them to the agency-provider model under the following
circumstances that include but are not limited to:
deleted text end
deleted text begin
(1) when a participant has been restricted by the Minnesota restricted recipient
program, the participant may be excluded for a specified time period under Minnesota
Rules, parts 9505.2160 to 9505.2245;
deleted text end
deleted text begin
(2) when a participant exits the budget model during the participant's service plan
year. Upon transfer, the participant shall not access the budget model for the remainder of
that service plan year; or
deleted text end
deleted text begin
(3) when the department determines that the participant or participant's representative
or legal representative cannot manage participant responsibilities under the budget model.
The commissioner must develop policies for determining if a participant is unable to
manage responsibilities under a budget model.
deleted text end
deleted text begin
(h) A participant may appeal under section 256.045, subdivision 3, in writing to the
department to contest the department's decision under paragraph (c), clause (3), to remove
or exclude the participant from the budget model.
deleted text end
Sec. 15.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 15,
is amended to read:
Subd. 15.
Documentation of support services provided.
(a) Support services
provided to a participant by a support worker employed by either an agency-provider
or the participant acting as the employer must be documented daily by each support
worker, on a time sheet form approved by the commissioner. All documentation may be
Web-based, electronic, or paper documentation. The completed form must be submitted
on a deleted text begin monthlydeleted text end new text begin regularnew text end basis to the provider or the participant and the FMS contractor
selected by the participant to provide assistance with meeting the participant's employer
obligations and kept in the deleted text begin recipient's healthdeleted text end new text begin participant'snew text end record.
(b) The activity documentation must correspond to the written service delivery plan
and be reviewed by the agency-provider or the participant and the FMS contractor when
the participant is deleted text begin acting asdeleted text end the employer of the support worker.
(c) The time sheet must be on a form approved by the commissioner documenting
time the support worker provides services deleted text begin in the homedeleted text end new text begin to the participantnew text end . The following
criteria must be included in the time sheet:
(1) full name of the support worker and individual provider number;
(2) deleted text begin providerdeleted text end new text begin agency-providernew text end name and telephone numbers, if deleted text begin an agency-provider is
deleted text end responsible for delivery services under the written service plan;
(3) full name of the participant;
(4) consecutive dates, including month, day, and year, and arrival and departure
times with a.m. or p.m. notations;
(5) signatures of the participant or the participant's representative;
(6) personal signature of the support worker;
(7) any shared care provided, if applicable;
(8) a statement that it is a federal crime to provide false information on CFSS
billings for medical assistance payments; and
(9) dates and location of deleted text begin recipientdeleted text end new text begin participantnew text end stays in a hospital, care facility, or
incarceration.
Sec. 16.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 16,
is amended to read:
Subd. 16.
Support workers requirements.
(a) Support workers shall:
(1) enroll with the department as a support worker after a background study under
chapter 245C has been completed and the support worker has received a notice from the
commissioner that:
(i) the support worker is not disqualified under section 245C.14; or
(ii) is disqualified, but the support worker has received a set-aside of the
disqualification under section 245C.22;
(2) have the ability to effectively communicate with the participant or the
participant's representative;
(3) have the skills and ability to provide the services and supports according to
the deleted text begin person'sdeleted text end new text begin participant'snew text end CFSS service delivery plan and respond appropriately to the
participant's needs;
(4) not be a participant of CFSS, unless the support services provided by the support
worker differ from those provided to the support worker;
(5) complete the basic standardized training as determined by the commissioner
before completing enrollment. The training must be available in languages other than
English and to those who need accommodations due to disabilities. Support worker
training must include successful completion of the following training components: basic
first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic roles
and responsibilities of support workers including information about basic body mechanics,
emergency preparedness, orientation to positive behavioral practices, orientation to
responding to a mental health crisis, fraud issues, time cards and documentation, and an
overview of person-centered planning and self-direction. Upon completion of the training
components, the support worker must pass the certification test to provide assistance
to participants;
(6) complete training and orientation on the participant's individual needs; and
(7) maintain the privacy and confidentiality of the participant, and not independently
determine the medication dose or time for medications for the participant.
(b) The commissioner may deny or terminate a support worker's provider enrollment
and provider number if the support worker:
(1) lacks the skills, knowledge, or ability to adequately or safely perform the
required work;
(2) fails to provide the authorized services required by the participant employer;
(3) has been intoxicated by alcohol or drugs while providing authorized services to
the participant or while in the participant's home;
(4) has manufactured or distributed drugs while providing authorized services to the
participant or while in the participant's home; or
(5) has been excluded as a provider by the commissioner of human services, or the
United States Department of Health and Human Services, Office of Inspector General,
from participation in Medicaid, Medicare, or any other federal health care program.
(c) A support worker may appeal in writing to the commissioner to contest the
decision to terminate the support worker's provider enrollment and provider number.
new text begin
(d) A support worker must not provide or be paid for more than 275 hours of
CFSS per month, regardless of the number of participants the support worker serves or
the number of agency-providers or participant employers by which the support worker
is employed. The department shall not disallow the number of hours per day a support
worker works unless it violates other law.
new text end
Sec. 17.
Minnesota Statutes 2013 Supplement, section 256B.85, is amended by adding
a subdivision to read:
new text begin Subd. 16a. new text end
new text begin
Exception to support worker requirements for continuity of services.
new text end
new text begin
The support worker for a participant may be allowed to enroll with a different CFSS
agency-provider or FMS contractor upon initiation, rather than completion, of a new
background study according to chapter 245C, if the following conditions are met:
new text end
new text begin
(1) the commissioner determines that the support worker's change in enrollment or
affiliation is needed to ensure continuity of services and protect the health and safety
of the participant;
new text end
new text begin
(2) the chosen agency-provider or FMS contractor has been continuously enrolled as
a CFSS agency-provider or FMS contractor for at least two years or since the inception of
the CFSS program, whichever is shorter;
new text end
new text begin
(3) the participant served by the support worker chooses to transfer to the CFSS
agency-provider or the FMS contractor to which the support worker is transferring;
new text end
new text begin
(4) the support worker has been continuously enrolled with the former CFSS
agency-provider or FMS contractor since the support worker's last background study
was completed; and
new text end
new text begin
(5) the support worker continues to meet requirements of subdivision 16, excluding
paragraph (a), clause (1).
new text end
Sec. 18.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 17,
is amended to read:
Subd. 17.
deleted text begin Support specialist requirements and paymentsdeleted text end new text begin Consultation services
description and dutiesnew text end .
deleted text begin
The commissioner shall develop qualifications, scope of
functions, and payment rates and service limits for a support specialist that may provide
additional or specialized assistance necessary to plan, implement, arrange, augment, or
evaluate services and supports.
deleted text end
new text begin
(a) Consultation services means providing assistance to the participant in making
informed choices regarding CFSS services in general and self-directed tasks in particular
and in developing a person-centered service delivery plan to achieve quality service
outcomes.
new text end
new text begin
(b) Consultation services is a required service that may include but is not limited to:
new text end
new text begin
(1) an initial and annual orientation to CFSS information and policies, including
selecting a service model;
new text end
new text begin
(2) assistance with the development, implementation, management, and evaluation
of the person-centered service delivery plan;
new text end
new text begin
(3) consultation on recruiting, selecting, training, managing, directing, evaluating,
and supervising support workers;
new text end
new text begin
(4) reviewing the use of and access to informal and community supports, goods, or
resources;
new text end
new text begin
(5) assistance with fulfilling responsibilities and requirements of CFSS including
modifying service delivery plans and changing service models; and
new text end
new text begin
(6) assistance with accessing FMS contractors or agency-providers.
new text end
new text begin
(c) Duties of a consultation services provider shall include but are not limited to:
new text end
new text begin
(1) review and finalization of the CFSS service delivery plan by the consultation
services provider organization;
new text end
new text begin
(2) distribution of copies of the final service delivery plan to the participant and
to the agency-provider or FMS contractor, case manager/care coordinator, and other
designated parties;
new text end
new text begin
(3) an evaluation of services upon receiving information from an FMS contractor
indicating spending or participant employer concerns;
new text end
new text begin
(4) a semiannual review of services if the participant does not have a case
manager/care coordinator and when the support worker is a paid parent of a minor
participant or the participant's spouse;
new text end
new text begin
(5) collection and reporting of data as required by the department; and
new text end
new text begin
(6) providing the participant with a copy of the service-related rights under
subdivision 20 at the start of consultation services.
new text end
Sec. 19.
Minnesota Statutes 2013 Supplement, section 256B.85, is amended by adding
a subdivision to read:
new text begin Subd. 17a. new text end
new text begin
Consultation service provider qualifications and requirements.
new text end
new text begin
The commissioner shall develop the qualifications and requirements for providers of
consultation services under subdivision 17. These providers must satisfy at least the
following qualifications and requirements:
new text end
new text begin
(1) are under contract with the department;
new text end
new text begin
(2) are not the FMS contractor as defined in subdivision 2, paragraph (m), the CFSS
or HCBS waiver agency-provider or vendor to the participant, or a lead agency;
new text end
new text begin
(3) meet the service standards as established by the commissioner;
new text end
new text begin
(4) employ lead professional staff with a minimum of three years of experience
in providing support planning, support broker, or consultation services and consumer
education to participants using a self-directed program using FMS under medical
assistance;
new text end
new text begin
(5) are knowledgeable about CFSS roles and responsibilities including those of the
certified assessor, FMS contractor, agency-provider, and case manager/care coordinator;
new text end
new text begin
(6) comply with medical assistance provider requirements;
new text end
new text begin
(7) understand the CFSS program and its policies;
new text end
new text begin
(8) are knowledgeable about self-directed principles and the application of the
person-centered planning process;
new text end
new text begin
(9) have general knowledge of the FMS contractor duties and participant
employment model, including all applicable federal, state, and local laws and regulations
regarding tax, labor, employment, and liability and workers' compensation coverage for
household workers; and
new text end
new text begin
(10) have all employees, including lead professional staff, staff in management
and supervisory positions, and owners of the agency who are active in the day-to-day
management and operations of the agency, complete training as specified in the contract
with the department.
new text end
Sec. 20.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 18,
is amended to read:
Subd. 18.
Service unit and budget allocation requirements and limits.
(a) For the
agency-provider model, services will be authorized in units of service. The total service
unit amount must be established based upon the assessed need for CFSS services, and must
not exceed the maximum number of units available as determined under subdivision 8.
(b) For the budget model, the new text begin service new text end budget allocation allowed for services and
supports is deleted text begin established by multiplying the number of units authorized under subdivision 8
by the payment rate established by the commissionerdeleted text end new text begin defined in subdivision 8, paragraph
(g)new text end .
Sec. 21.
Minnesota Statutes 2013 Supplement, section 256B.85, is amended by adding
a subdivision to read:
new text begin Subd. 18a. new text end
new text begin Worker training and development services. new text end
new text begin
(a) The commissioner
shall develop the scope of tasks and functions, service standards, and service limits for
worker training and development services.
new text end
new text begin
(b) Worker training and development services are in addition to the participant's
assessed service units or service budget. Services provided according to this subdivision
must:
new text end
new text begin
(1) help support workers obtain and expand the skills and knowledge necessary to
ensure competency in providing quality services as needed and defined in the participant's
service delivery plan;
new text end
new text begin
(2) be provided or arranged for by the agency-provider under subdivision 11 or
purchased by the participant employer under the budget model under subdivision 13; and
new text end
new text begin
(3) be described in the participant's CFSS service delivery plan and documented in
the participant's file.
new text end
new text begin
(c) Services covered under worker training and development shall include:
new text end
new text begin
(1) support worker training on the participant's individual assessed needs, condition,
or both, provided individually or in a group setting by a skilled and knowledgeable trainer
beyond any training the participant or participant's representative provides;
new text end
new text begin
(2) tuition for professional classes and workshops for the participant's support
workers that relate to the participant's assessed needs, condition, or both;
new text end
new text begin
(3) direct observation, monitoring, coaching, and documentation of support worker
job skills and tasks, beyond any training the participant or participant's representative
provides, including supervision of health-related tasks or behavioral supports that is
conducted by an appropriate professional based on the participant's assessed needs. These
services must be provided within 14 days of the start of services or the start of a new
support worker and must be specified in the participant's service delivery plan; and
new text end
new text begin
(4) reporting service and support concerns to the appropriate provider.
new text end
new text begin
(d) Worker training and development services shall not include:
new text end
new text begin
(1) general agency training, worker orientation, or training on CFSS self-directed
models;
new text end
new text begin
(2) payment for preparation or development time for the trainer or presenter;
new text end
new text begin
(3) payment of the support worker's salary or compensation during the training;
new text end
new text begin
(4) training or supervision provided by the participant, the participant's support
worker, or the participant's informal supports, including the participant's representative; or
new text end
new text begin
(5) services in excess of 96 units per annual service authorization, unless approved
by the department.
new text end
Sec. 22.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 23,
is amended to read:
Subd. 23.
Commissioner's access.
When the commissioner is investigating a
possible overpayment of Medicaid funds, the commissioner must be given immediate
access without prior notice to the deleted text begin agency providerdeleted text end new text begin agency-providernew text end or FMS contractor's
office during regular business hours and to documentation and records related to services
provided and submission of claims for services provided. Denying the commissioner
access to records is cause for immediate suspension of payment and terminating the agency
provider's enrollment according to section 256B.064 or terminating the FMS contract.
Sec. 23.
Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 24,
is amended to read:
Subd. 24.
CFSS agency-providers; background studies.
CFSS agency-providers
enrolled to provide deleted text begin personal care assistancedeleted text end new text begin CFSSnew text end services under the medical assistance
program shall comply with the following:
(1) owners who have a five percent interest or more and all managing employees
are subject to a background study as provided in chapter 245C. This applies to currently
enrolled CFSS agency-providers and those agencies seeking enrollment as a CFSS
agency-provider. "Managing employee" has the same meaning as Code of Federal
Regulations, title 42, section 455. An organization is barred from enrollment if:
(i) the organization has not initiated background studies on owners managing
employees; or
(ii) the organization has initiated background studies on owners and managing
employees, but the commissioner has sent the organization a notice that an owner or
managing employee of the organization has been disqualified under section 245C.14, and
the owner or managing employee has not received a set-aside of the disqualification
under section 245C.22;
(2) a background study must be initiated and completed for all deleted text begin support specialists
deleted text end new text begin staff who will have direct contact with the participant to provide worker training and
developmentnew text end ; and
(3) a background study must be initiated and completed for all support workers.
Sec. 24.
Laws 2013, chapter 108, article 7, section 49, the effective date, is amended to
read:
EFFECTIVE DATE.
This section is effective upon federal approval but no earlier
than April 1, 2014. The service will begin 90 days after federal approval deleted text begin or April 1,
2014, whichever is laterdeleted text end . The commissioner of human services shall notify the revisor of
statutes when this occurs.
ARTICLE 28
CONTINUING CARE
Section 1.
Minnesota Statutes 2012, section 13.46, subdivision 4, is amended to read:
Subd. 4.
Licensing data.
(a) As used in this subdivision:
(1) "licensing data" are all data collected, maintained, used, or disseminated by the
welfare system pertaining to persons licensed or registered or who apply for licensure
or registration or who formerly were licensed or registered under the authority of the
commissioner of human services;
(2) "client" means a person who is receiving services from a licensee or from an
applicant for licensure; and
(3) "personal and personal financial data" are Social Security numbers, identity
of and letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.
(b)(1)(i) Except as provided in paragraph (c), the following data on applicants,
license holders, and former licensees are public: name, address, telephone number of
licensees, date of receipt of a completed application, dates of licensure, licensed capacity,
type of client preferred, variances granted, record of training and education in child care
and child development, type of dwelling, name and relationship of other family members,
previous license history, class of license, the existence and status of complaints, and the
number of serious injuries to or deaths of individuals in the licensed program as reported
to the commissioner of human services, the local social services agency, or any other
county welfare agency. For purposes of this clause, a serious injury is one that is treated
by a physician.
(ii) When a correction order, an order to forfeit a fine, an order of license suspension,
an order of temporary immediate suspension, an order of license revocation, an order
of license denial, or an order of conditional license has been issued, or a complaint is
resolved, the following data on current and former licensees and applicants are public: the
substance and investigative findings of the licensing or maltreatment complaint, licensing
violation, or substantiated maltreatment; the record of informal resolution of a licensing
violation; orders of hearing; findings of fact; conclusions of law; specifications of the final
correction order, fine, suspension, temporary immediate suspension, revocation, denial, or
conditional license contained in the record of licensing action; whether a fine has been
paid; and the status of any appeal of these actions.
(iii) When a license denial under section 245A.05 or a sanction under section
245A.07 is based on a determination that the license holder or applicant is responsible for
maltreatment under section 626.556 or 626.557, the identity of the applicant or license
holder as the individual responsible for maltreatment is public data at the time of the
issuance of the license denial or sanction.
(iv) When a license denial under section 245A.05 or a sanction under section
245A.07 is based on a determination that the license holder or applicant is disqualified
under chapter 245C, the identity of the license holder or applicant as the disqualified
individual and the reason for the disqualification are public data at the time of the
issuance of the licensing sanction or denial. If the applicant or license holder requests
reconsideration of the disqualification and the disqualification is affirmed, the reason for
the disqualification and the reason to not set aside the disqualification are public data.
(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b,
when any person subject to disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care center services, foster care for
children in the provider's home, or foster care or day care services for adults in the provider's
home is a substantiated perpetrator of maltreatment, and the substantiated maltreatment is
a reason for a licensing action, the identity of the substantiated perpetrator of maltreatment
is public data. For purposes of this clause, a person is a substantiated perpetrator if the
maltreatment determination has been upheld under section 256.045; 626.556, subdivision
10i; 626.557, subdivision 9d; or chapter 14, or if an individual or facility has not timely
exercised appeal rights under these sections, except as provided under clause (1).
(3) For applicants who withdraw their application prior to licensure or denial of a
license, the following data are public: the name of the applicant, the city and county in
which the applicant was seeking licensure, the dates of the commissioner's receipt of the
initial application and completed application, the type of license sought, and the date
of withdrawal of the application.
(4) For applicants who are denied a license, the following data are public: the name
and address of the applicant, the city and county in which the applicant was seeking
licensure, the dates of the commissioner's receipt of the initial application and completed
application, the type of license sought, the date of denial of the application, the nature of
the basis for the denial, the record of informal resolution of a denial, orders of hearings,
findings of fact, conclusions of law, specifications of the final order of denial, and the
status of any appeal of the denial.
(5) The following data on persons subject to disqualification under section 245C.14 in
connection with a license to provide family day care for children, child care center services,
foster care for children in the provider's home, or foster care or day care services for adults
in the provider's home, are public: the nature of any disqualification set aside under section
245C.22, subdivisions 2 and 4, and the reasons for setting aside the disqualification; the
nature of any disqualification for which a variance was granted under sections 245A.04,
subdivision 9; and 245C.30, and the reasons for granting any variance under section
245A.04, subdivision 9; and, if applicable, the disclosure that any person subject to
a background study under section 245C.03, subdivision 1, has successfully passed a
background study. If a licensing sanction under section 245A.07, or a license denial under
section 245A.05, is based on a determination that an individual subject to disqualification
under chapter 245C is disqualified, the disqualification as a basis for the licensing sanction
or denial is public data. As specified in clause (1), item (iv), if the disqualified individual
is the license holder or applicant, the identity of the license holder or applicant and the
reason for the disqualification are public data; and, if the license holder or applicant
requested reconsideration of the disqualification and the disqualification is affirmed, the
reason for the disqualification and the reason to not set aside the disqualification are
public data. If the disqualified individual is an individual other than the license holder or
applicant, the identity of the disqualified individual shall remain private data.
(6) When maltreatment is substantiated under section 626.556 or 626.557 and the
victim and the substantiated perpetrator are affiliated with a program licensed under
chapter 245A, the commissioner of human services, local social services agency, or
county welfare agency may inform the license holder where the maltreatment occurred of
the identity of the substantiated perpetrator and the victim.
(7) Notwithstanding clause (1), for child foster care, only the name of the license
holder and the status of the license are public if the county attorney has requested that data
otherwise classified as public data under clause (1) be considered private data based on the
best interests of a child in placement in a licensed program.
(c) The following are private data on individuals under section 13.02, subdivision
12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial
data on family day care program and family foster care program applicants and licensees
and their family members who provide services under the license.
(d) The following are private data on individuals: the identity of persons who have
made reports concerning licensees or applicants that appear in inactive investigative data,
and the records of clients or employees of the licensee or applicant for licensure whose
records are received by the licensing agency for purposes of review or in anticipation of a
contested matter. The names of reporters of complaints or alleged violations of licensing
standards under chapters 245A, 245B, 245C, new text begin and 245D, new text end and applicable rules and alleged
maltreatment under sections 626.556 and 626.557, are confidential data and may be
disclosed only as provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.
(e) Data classified as private, confidential, nonpublic, or protected nonpublic under
this subdivision become public data if submitted to a court or administrative law judge as
part of a disciplinary proceeding in which there is a public hearing concerning a license
which has been suspended, immediately suspended, revoked, or denied.
(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.
(g) Data that are not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report as defined in section 626.556,
subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of
sections 626.556, subdivision 11c, and 626.557, subdivision 12b.
(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.556 or 626.557 may be exchanged with the Department of Health
for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant
to section 241.021.
(i) Data on individuals collected according to licensing activities under chapters
245A and 245C, data on individuals collected by the commissioner of human services
according to investigations under chapters 245A, 245B, deleted text begin anddeleted text end 245C, new text begin and 245D, new text end and
sections 626.556 and 626.557 may be shared with the Department of Human Rights, the
Department of Health, the Department of Corrections, the ombudsman for mental health
and developmental disabilities, and the individual's professional regulatory board when
there is reason to believe that laws or standards under the jurisdiction of those agencies may
have been violated or the information may otherwise be relevant to the board's regulatory
jurisdiction. Background study data on an individual who is the subject of a background
study under chapter 245C for a licensed service for which the commissioner of human
services is the license holder may be shared with the commissioner and the commissioner's
delegate by the licensing division. Unless otherwise specified in this chapter, the identity
of a reporter of alleged maltreatment or licensing violations may not be disclosed.
(j) In addition to the notice of determinations required under section 626.556,
subdivision 10f, if the commissioner or the local social services agency has determined
that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social
services agency knows that the individual is a person responsible for a child's care in
another facility, the commissioner or local social services agency shall notify the head
of that facility of this determination. The notification must include an explanation of the
individual's available appeal rights and the status of any appeal. If a notice is given under
this paragraph, the government entity making the notification shall provide a copy of the
notice to the individual who is the subject of the notice.
(k) All not public data collected, maintained, used, or disseminated under this
subdivision and subdivision 3 may be exchanged between the Department of Human
Services, Licensing Division, and the Department of Corrections for purposes of
regulating services for which the Department of Human Services and the Department
of Corrections have regulatory authority.
Sec. 2.
Minnesota Statutes 2012, section 144.0724, as amended by Laws 2014, chapter
147, section 1, is amended to read:
144.0724 RESIDENT REIMBURSEMENT CLASSIFICATION.
Subdivision 1.
Resident reimbursement case mix classifications.
The
commissioner of health shall establish resident reimbursement classifications based upon
the assessments of residents of nursing homes and boarding care homes conducted under
this section and according to section 256B.438.
Subd. 2.
Definitions.
For purposes of this section, the following terms have the
meanings given.
(a) "Assessment reference date" or "ARD" means the specific end point for
look-back periods in the MDS assessment process. This look-back period is also called
the observation or assessment period.
(b) "Case mix index" means the weighting factors assigned to the RUG-IV
classifications.
(c) "Index maximization" means classifying a resident who could be assigned to
more than one category, to the category with the highest case mix index.
(d) "Minimum data set" or "MDS" means a core set of screening, clinical assessment,
and functional status elements, that include common definitions and coding categories
specified by the Centers for Medicare and Medicaid Services and designated by the
Minnesota Department of Health.
(e) "Representative" means a person who is the resident's guardian or conservator,
the person authorized to pay the nursing home expenses of the resident, a representative of
the Office of Ombudsman for Long-Term Care whose assistance has been requested, or
any other individual designated by the resident.
(f) "Resource utilization groups" or "RUG" means the system for grouping a nursing
facility's residents according to their clinical and functional status identified in data
supplied by the facility's minimum data set.
(g) "Activities of daily living" means grooming, dressing, bathing, transferring,
mobility, positioning, eating, and toileting.
(h) "Nursing facility level of care determination" means the assessment process
that results in a determination of a resident's or prospective resident's need for nursing
facility level of care as established in subdivision 11 for purposes of medical assistance
payment of long-term care services for:
(1) nursing facility services under section 256B.434 or 256B.441;
(2) elderly waiver services under section 256B.0915;
(3) CADI and BI waiver services under section 256B.49; and
(4) state payment of alternative care services under section 256B.0913.
Subd. 3a.
Resident reimbursement classifications beginning January 1, 2012.
(a) Beginning January 1, 2012, resident reimbursement classifications shall be based
on the minimum data set, version 3.0 assessment instrument, or its successor version
mandated by the Centers for Medicare and Medicaid Services that nursing facilities are
required to complete for all residents. The commissioner of health shall establish resident
classifications according to the RUG-IV, 48 group, resource utilization groups. Resident
classification must be established based on the individual items on the minimum data set,
which must be completed according to the Long Term Care Facility Resident Assessment
Instrument User's Manual Version 3.0 or its successor issued by the Centers for Medicare
and Medicaid Services.
(b) Each resident must be classified based on the information from the minimum
data set according to general categories as defined in the Case Mix Classification Manual
for Nursing Facilities issued by the Minnesota Department of Health.
Subd. 4.
Resident assessment schedule.
(a) A facility must conduct and
electronically submit to the commissioner of health MDS assessments that conform with
the assessment schedule defined by Code of Federal Regulations, title 42, section 483.20,
and published by the United States Department of Health and Human Services, Centers for
Medicare and Medicaid Services, in the Long Term Care Assessment Instrument User's
Manual, version 3.0, and subsequent updates when issued by the Centers for Medicare
and Medicaid Services. The commissioner of health may substitute successor manuals or
question and answer documents published by the United States Department of Health and
Human Services, Centers for Medicare and Medicaid Services, to replace or supplement
the current version of the manual or document.
(b) The assessments used to determine a case mix classification for reimbursement
include the following:
(1) a new admission assessment;
(2) an annual assessment which must have an assessment reference date (ARD)
within 92 days of the previous assessment and within 366 days of the ARD of the previous
comprehensive assessment;
(3) a significant change in status assessment must be completed within 14 days of
the identification of a significant change;
(4) all quarterly assessments must have an assessment reference date (ARD) within
92 days of the ARD of the previous assessment;
(5) any significant correction to a prior comprehensive assessment, if the assessment
being corrected is the current one being used for RUG classification; and
(6) any significant correction to a prior quarterly assessment, if the assessment being
corrected is the current one being used for RUG classification.
(c) In addition to the assessments listed in paragraph (b), the assessments used to
determine nursing facility level of care include the following:
(1) preadmission screening completed under section 256B.0911, subdivision 4a,
by a county, tribe, or managed care organization under contract with the Department
of Human Services; and
(2) a face-to-face long-term care consultation assessment completed under section
256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or managed care organization
under contract with the Department of Human Services.
Subd. 5.
Short stays.
(a) A facility must submit to the commissioner of health an
admission assessment for all residents who stay in the facility 14 days or less.
(b) Notwithstanding the admission assessment requirements of paragraph (a), a
facility may elect to accept a short stay rate with a case mix index of 1.0 for all facility
residents who stay 14 days or less in lieu of submitting an admission assessment. Facilities
shall make this election annually.
(c) Nursing facilities must elect one of the options described in paragraphs (a) and
(b) by reporting to the commissioner of health, as prescribed by the commissioner. The
election is effective on July 1 each year.
Subd. 6.
Penalties for late or nonsubmission.
(a) A facility that fails to complete
or submit an assessment according to subdivisions 4 and 5 for a RUG-IV classification
within seven days of the time requirements listed in the Long-Term Care Facility Resident
Assessment Instrument User's Manual is subject to a reduced rate for that resident. The
reduced rate shall be the lowest rate for that facility. The reduced rate is effective on the
day of admission for new admission assessments, on the ARD for significant change in
status assessments, or on the day that the assessment was due for all other assessments and
continues in effect until the first day of the month following the date of submission and
acceptance of the resident's assessment.
(b) If loss of revenue due to penalties incurred by a facility for any period of 92 days
are equal to or greater than 1.0 percent of the total operating costs on the facility's most
recent annual statistical and cost report, a facility may apply to the commissioner of
human services for a reduction in the total penalty amount. The commissioner of human
services, in consultation with the commissioner of health, may, at the sole discretion of
the commissioner of human services, limit the penalty for residents covered by medical
assistance to 15 days.
Subd. 7.
Notice of resident reimbursement classification.
(a) The commissioner
of health shall provide to a nursing facility a notice for each resident of the reimbursement
classification established under subdivision 1. The notice must inform the resident of the
classification that was assigned, the opportunity to review the documentation supporting
the classification, the opportunity to obtain clarification from the commissioner, and the
opportunity to request a reconsideration of the classification and the address and telephone
number of the Office of Ombudsman for Long-Term Care. The commissioner must
transmit the notice of resident classification by electronic means to the nursing facility.
A nursing facility is responsible for the distribution of the notice to each resident, to the
person responsible for the payment of the resident's nursing home expenses, or to another
person designated by the resident. This notice must be distributed within three working
days after the facility's receipt of the electronic file of notice of case mix classifications
from the commissioner of health.
(b) If a facility submits a modification to the most recent assessment used to establish
a case mix classification conducted under subdivision 3 that results in a change in case
mix classification, the facility shall give written notice to the resident or the resident's
representative about the item that was modified and the reason for the modification. The
notice of modified assessment may be provided at the same time that the resident or
resident's representative is provided the resident's modified notice of classification.
Subd. 8.
Request for reconsideration of resident classifications.
(a) The resident,
or resident's representative, or the nursing facility or boarding care home may request that
the commissioner of health reconsider the assigned reimbursement classification. The
request for reconsideration must be submitted in writing to the commissioner within
30 days of the day the resident or the resident's representative receives the resident
classification notice. The request for reconsideration must include the name of the
resident, the name and address of the facility in which the resident resides, the reasons
for the reconsideration, and documentation supporting the request. The documentation
accompanying the reconsideration request is limited to a copy of the MDS that determined
the classification and other documents that would support or change the MDS findings.
(b) Upon request, the nursing facility must give the resident or the resident's
representative a copy of the assessment form and the other documentation that was given
to the commissioner of health to support the assessment findings. The nursing facility
shall also provide access to and a copy of other information from the resident's record that
has been requested by or on behalf of the resident to support a resident's reconsideration
request. A copy of any requested material must be provided within three working days of
receipt of a written request for the information. Notwithstanding any law to the contrary,
the facility may not charge a fee for providing copies of the requested documentation.
If a facility fails to provide the material within this time, it is subject to the issuance
of a correction order and penalty assessment under sections 144.653 and 144A.10.
Notwithstanding those sections, any correction order issued under this subdivision must
require that the nursing facility immediately comply with the request for information and
that as of the date of the issuance of the correction order, the facility shall forfeit to the
state a $100 fine for the first day of noncompliance, and an increase in the $100 fine by
$50 increments for each day the noncompliance continues.
(c) In addition to the information required under paragraphs (a) and (b), a
reconsideration request from a nursing facility must contain the following information: (i)
the date the reimbursement classification notices were received by the facility; (ii) the date
the classification notices were distributed to the resident or the resident's representative;
and (iii) a copy of a notice sent to the resident or to the resident's representative. This
notice must inform the resident or the resident's representative that a reconsideration
of the resident's classification is being requested, the reason for the request, that the
resident's rate will change if the request is approved by the commissioner, the extent of the
change, that copies of the facility's request and supporting documentation are available
for review, and that the resident also has the right to request a reconsideration. If the
facility fails to provide the required information listed in item (iii) with the reconsideration
request, the commissioner may request that the facility provide the information within 14
calendar days. The reconsideration request must be denied if the information is then not
provided, and the facility may not make further reconsideration requests on that specific
reimbursement classification.
(d) Reconsideration by the commissioner must be made by individuals not
involved in reviewing the assessment, audit, or reconsideration that established the
disputed classification. The reconsideration must be based upon the assessment that
determined the classification and upon the information provided to the commissioner
under paragraphs (a) and (b). If necessary for evaluating the reconsideration request, the
commissioner may conduct on-site reviews. Within 15 working days of receiving the
request for reconsideration, the commissioner shall affirm or modify the original resident
classification. The original classification must be modified if the commissioner determines
that the assessment resulting in the classification did not accurately reflect characteristics
of the resident at the time of the assessment. The resident and the nursing facility or
boarding care home shall be notified within five working days after the decision is made.
A decision by the commissioner under this subdivision is the final administrative decision
of the agency for the party requesting reconsideration.
(e) The resident classification established by the commissioner shall be the
classification that applies to the resident while the request for reconsideration is pending.
If a request for reconsideration applies to an assessment used to determine nursing facility
level of care under subdivision 4, paragraph (c), the resident shall continue to be eligible
for nursing facility level of care while the request for reconsideration is pending.
(f) The commissioner may request additional documentation regarding a
reconsideration necessary to make an accurate reconsideration determination.
Subd. 9.
Audit authority.
(a) The commissioner shall audit the accuracy of resident
assessments performed under section 256B.438 through any of the following: desk
audits; on-site review of residents and their records; and interviews with staff, residents,
or residents' families. The commissioner shall reclassify a resident if the commissioner
determines that the resident was incorrectly classified.
(b) The commissioner is authorized to conduct on-site audits on an unannounced
basis.
(c) A facility must grant the commissioner access to examine the medical records
relating to the resident assessments selected for audit under this subdivision. The
commissioner may also observe and speak to facility staff and residents.
(d) The commissioner shall consider documentation under the time frames for
coding items on the minimum data set as set out in the Long-Term Care Facility Resident
Assessment Instrument User's Manual published by the Centers for Medicare and
Medicaid Services.
(e) The commissioner shall develop an audit selection procedure that includes the
following factors:
(1) Each facility shall be audited annually. If a facility has two successive audits in
which the percentage of change is five percent or less and the facility has not been the
subject of a special audit in the past 36 months, the facility may be audited biannually.
A stratified sample of 15 percent, with a minimum of ten assessments, of the most
current assessments shall be selected for audit. If more than 20 percent of the RUG-IV
classifications are changed as a result of the audit, the audit shall be expanded to a second
15 percent sample, with a minimum of ten assessments. If the total change between
the first and second samples is 35 percent or greater, the commissioner may expand the
audit to all of the remaining assessments.
(2) If a facility qualifies for an expanded audit, the commissioner may audit the
facility again within six months. If a facility has two expanded audits within a 24-month
period, that facility will be audited at least every six months for the next 18 months.
(3) The commissioner may conduct special audits if the commissioner determines
that circumstances exist that could alter or affect the validity of case mix classifications of
residents. These circumstances include, but are not limited to, the following:
(i) frequent changes in the administration or management of the facility;
(ii) an unusually high percentage of residents in a specific case mix classification;
(iii) a high frequency in the number of reconsideration requests received from
a facility;
(iv) frequent adjustments of case mix classifications as the result of reconsiderations
or audits;
(v) a criminal indictment alleging provider fraud;
(vi) other similar factors that relate to a facility's ability to conduct accurate
assessments;
(vii) an atypical pattern of scoring minimum data set items;
(viii) nonsubmission of assessments;
(ix) late submission of assessments; or
(x) a previous history of audit changes of 35 percent or greater.
(f) Within 15 working days of completing the audit process, the commissioner shall
make available electronically the results of the audit to the facility. If the results of the
audit reflect a change in the resident's case mix classification, a case mix classification
notice will be made available electronically to the facility, using the procedure in
subdivision 7, paragraph (a). The notice must contain the resident's classification and a
statement informing the resident, the resident's authorized representative, and the facility
of their right to review the commissioner's documents supporting the classification and to
request a reconsideration of the classification. This notice must also include the address
and telephone number of the Office of Ombudsman for Long-Term Care.
Subd. 10.
Transition.
After implementation of this section, reconsiderations
requested for classifications made under section 144.0722, subdivision 1, shall be
determined under section 144.0722, subdivision 3.
Subd. 11.
Nursing facility level of care.
(a) For purposes of medical assistance
payment of long-term care services, a recipient must be determined, using assessments
defined in subdivision 4, to meet one of the following nursing facility level of care criteria:
(1) the person requires formal clinical monitoring at least once per day;
(2) the person needs the assistance of another person or constant supervision to begin
and complete at least four of the following activities of living: bathing, bed mobility,
dressing, eating, grooming, toileting, transferring, and walking;
(3) the person needs the assistance of another person or constant supervision to begin
and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
(4) the person has significant difficulty with memory, using information, daily
decision making, or behavioral needs that require intervention;
(5) the person has had a qualifying nursing facility stay of at least 90 days;
(6) the person meets the nursing facility level of care criteria determined 90 days
after admission or on the first quarterly assessment after admission, whichever is later; or
(7) the person is determined to be at risk for nursing facility admission or
readmission through a face-to-face long-term care consultation assessment as specified
in section 256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or managed care
organization under contract with the Department of Human Services. The person is
considered at risk under this clause if the person currently lives alone or will live alone
deleted text begin upon dischargedeleted text end new text begin or be homeless without the person's current housing typenew text end and also meets
one of the following criteria:
(i) the person has experienced a fall resulting in a fracture;
(ii) the person has been determined to be at risk of maltreatment or neglect,
including self-neglect; or
(iii) the person has a sensory impairment that substantially impacts functional ability
and maintenance of a community residence.
(b) The assessment used to establish medical assistance payment for nursing facility
services must be the most recent assessment performed under subdivision 4, paragraph
(b), that occurred no more than 90 calendar days before the effective date of medical
assistance eligibility for payment of long-term care services. In no case shall medical
assistance payment for long-term care services occur prior to the date of the determination
of nursing facility level of care.
(c) The assessment used to establish medical assistance payment for long-term care
services provided under sections 256B.0915 and 256B.49 and alternative care payment
for services provided under section 256B.0913 must be the most recent face-to-face
assessment performed under section 256B.0911, subdivision 3a, 3b, or 4d, that occurred
no more than 60 calendar days before the effective date of medical assistance eligibility
for payment of long-term care services.
Subd. 12.
Appeal of nursing facility level of care determination.
new text begin (a)new text end A resident or
prospective resident whose level of care determination results in a denial of long-term care
services can appeal the determination as outlined in section 256B.0911, subdivision 3a,
paragraph (h), clause (9).
new text begin
(b) The commissioner of human services shall ensure that notice of changes in
eligibility due to a nursing facility level of care determination is provided to each affected
recipient or the recipient's guardian at least 30 days before the effective date of the change.
The notice shall include the following information:
new text end
new text begin
(1) how to obtain further information on the changes;
new text end
new text begin
(2) how to receive assistance in obtaining other services;
new text end
new text begin
(3) a list of community resources; and
new text end
new text begin
(4) appeal rights.
new text end
new text begin
A recipient who meets the criteria in section 256B.0922, subdivision 2, paragraph (a),
clauses (1) and (2), may request continued services pending appeal within the time period
allowed to request an appeal under section 256.045, subdivision 3, paragraph (h). This
paragraph is in effect for appeals filed between January 1, 2015, and December 31, 2016.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2015.
new text end
Sec. 3.
Minnesota Statutes 2013 Supplement, section 245.8251, is amended to read:
245.8251 POSITIVE SUPPORT STRATEGIES AND EMERGENCY
MANUAL RESTRAINT; LICENSED FACILITIES AND PROGRAMS.
Subdivision 1.
Rulesnew text begin governing the use of positive support strategies and
restricting or prohibiting restrictive interventionsnew text end .
The commissioner of human
services shall, deleted text begin within 24 months of May 23, 2013deleted text end new text begin by August 31, 2015new text end , adopt rules
governing the use of positive support strategies, deleted text begin safety interventions, anddeleted text end emergency use
of manual restraintnew text begin , and restricting or prohibiting the use of restrictive interventions, new text end in
new text begin all new text end facilities and services licensed under chapter 245Ddeleted text begin .deleted text end new text begin , and in all licensed facilities and
licensed services serving persons with a developmental disability or related condition.
For the purposes of this section, "developmental disability or related condition" has the
meaning given in Minnesota Rules, part 9525.0016, subpart 2, items A to E.
new text end
Subd. 2.
Data collection.
(a) The commissioner shall, with stakeholder input,
deleted text begin developdeleted text end new text begin identifynew text end data deleted text begin collectiondeleted text end elements specific to incidents of emergency use of
manual restraint and positive support transition plans for persons receiving services from
deleted text begin providers governeddeleted text end new text begin licensed facilities and licensed services new text end under chapter 245D new text begin and in
licensed facilities and licensed services serving persons with a developmental disability
or related condition as defined in Minnesota Rules, part 9525.0016, subpart 2, new text end effective
January 1, 2014. deleted text begin Providersdeleted text end new text begin Licensed facilities and licensed servicesnew text end shall report the data in
a format and at a frequency determined by the commissioner of human servicesdeleted text begin . Providers
shall submit the datadeleted text end to the commissioner and the Office of the Ombudsman for Mental
Health and Developmental Disabilities.
(b) Beginning July 1, 2013, deleted text begin providersdeleted text end new text begin licensed facilities and licensed services
new text end regulated under Minnesota Rules, parts 9525.2700 to 9525.2810, shall submit data
regarding the use of all controlled procedures identified in Minnesota Rules, part
9525.2740, in a format and at a frequency determined by the commissionerdeleted text begin . Providers
shall submit the datadeleted text end to the commissioner and the Office of the Ombudsman for Mental
Health and Developmental Disabilities.
new text begin Subd. 3. new text end
new text begin External program review committee. new text end
new text begin
Rules adopted according to this
section shall establish requirements for an external program review committee appointed
by the commissioner to monitor implementation of the rules and make recommendations
to the commissioner about any needed policy changes after adoption of the rules.
new text end
new text begin Subd. 4. new text end
new text begin Interim review panel. new text end
new text begin
(a) The commissioner shall establish an interim
review panel by August 15, 2014, for the purpose of reviewing requests for emergency
use of procedures that have been part of an approved positive support transition plan
when necessary to protect a person from imminent risk of serious injury as defined in
section 245.91, subdivision 6, due to self-injurious behavior. The panel must make
recommendations to the commissioner to approve or deny these requests based on criteria
to be established by the interim review panel. The interim review panel shall operate until
the external program review committee is established as required under subdivision 3.
new text end
new text begin
(b) Members of the interim review panel shall be selected based on their expertise
and knowledge related to the use of positive support strategies as alternatives to the use
of restrictive interventions. The commissioner shall seek input and recommendations in
establishing the interim review panel. Members of the interim review panel shall include
the following representatives:
new text end
new text begin
(1) an expert in positive supports;
new text end
new text begin
(2) a mental health professional, as defined in section 245.462;
new text end
new text begin
(3) a licensed health professional as defined in section 245D.02, subdivision 14; and
new text end
new text begin
(4) a representative of the Department of Health.
new text end
Sec. 4.
Minnesota Statutes 2013 Supplement, section 245A.03, subdivision 7, is
amended to read:
Subd. 7.
Licensing moratorium.
(a) The commissioner shall not issue an initial
license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340,
or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under
this chapter for a physical location that will not be the primary residence of the license
holder for the entire period of licensure. If a license is issued during this moratorium, and
the license holder changes the license holder's primary residence away from the physical
location of the foster care license, the commissioner shall revoke the license according
to section 245A.07. The commissioner shall not issue an initial license for a community
residential setting licensed under chapter 245D. Exceptions to the moratorium include:
(1) foster care settings that are required to be registered under chapter 144D;
(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph (b);
(3) new foster care licenses or community residential setting licenses determined to
be needed by the commissioner under paragraph (b) for the closure of a nursing facility,
ICF/DD, or regional treatment center; restructuring of state-operated services that limits
the capacity of state-operated facilities; or allowing movement to the community for
people who no longer require the level of care provided in state-operated facilities as
provided under section 256B.092, subdivision 13, or 256B.49, subdivision 24;
(4) new foster care licenses or community residential setting licenses determined
to be needed by the commissioner under paragraph (b) for persons requiring hospital
level care; or
(5) new foster care licenses or community residential setting licenses determined to
be needed by the commissioner for the transition of people from personal care assistance
to the home and community-based services.
(b) The commissioner shall determine the need for newly licensed foster care
homes or community residential settings as defined under this subdivision. As part of the
determination, the commissioner shall consider the availability of foster care capacity in
the area in which the licensee seeks to operate, and the recommendation of the local
county board. The determination by the commissioner must be final. A determination of
need is not required for a change in ownership at the same address.
(c) When an adult resident served by the program moves out of a foster home
that is not the primary residence of the license holder according to section 256B.49,
subdivision 15, paragraph (f), or the adult community residential setting, the county
shall immediately inform the Department of Human Services Licensing Division. The
department shall decrease the statewide licensed capacity for adult foster care settings
where the physical location is not the primary residence of the license holder, or for adult
community residential settings, if the voluntary changes described in paragraph (e) are
not sufficient to meet the savings required by reductions in licensed bed capacity under
Laws 2011, First Special Session chapter 9, article 7, sections 1 and 40, paragraph (f),
and maintain statewide long-term care residential services capacity within budgetary
limits. Implementation of the statewide licensed capacity reduction shall begin on July
1, 2013. The commissioner shall delicense up to 128 beds by June 30, 2014, using the
needs determination process. new text begin Prior to any involuntary reduction of licensed capacity, the
commissioner shall consult with lead agencies and license holders to determine which
adult foster care settings where the physical location is not the primary residence of the
license holder, or community residential settings, are licensed for up to five beds but have
operated at less than full capacity for 12 or more months as of March 1, 2014. The settings
that meet these criteria shall be the first to be considered for any involuntary decrease
in statewide licensed capacity, up to a maximum of 35 beds. If more than 35 beds are
identified that meet these criteria, the commissioner shall prioritize the selection of those
beds to be closed based on the length of time the beds have been vacant. The longer a bed
has been vacant, the higher priority it must be given for closure. new text end Under this paragraph,
the commissioner has the authority to reduce unused licensed capacity of a current foster
care program, or the community residential settings, to accomplish the consolidation or
closure of settings. Under this paragraph, the commissioner has the authority to manage
statewide capacity, including adjusting the capacity available to each county and adjusting
statewide available capacity, to meet the statewide needs identified through the process in
paragraph (e). A decreased licensed capacity according to this paragraph is not subject to
appeal under this chapter.
(d) Residential settings that would otherwise be subject to the decreased license
capacity established in paragraph (c) shall be exempt under the following circumstances:
(1) until August 1, 2013, the license holder's beds occupied by residents whose
primary diagnosis is mental illness and the license holder is:
(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental
health services (ARMHS) as defined in section 256B.0623;
(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to
9520.0870;
(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to
9520.0870; or
(iv) a provider of intensive residential treatment services (IRTS) licensed under
Minnesota Rules, parts 9520.0500 to 9520.0670; or
(2) the license holder's beds occupied by residents whose primary diagnosis is
mental illness and the license holder is certified under the requirements in subdivision 6a
or section 245D.33.
(e) A resource need determination process, managed at the state level, using the
available reports required by section 144A.351, and other data and information shall
be used to determine where the reduced capacity required under paragraph (c) will be
implemented. The commissioner shall consult with the stakeholders described in section
144A.351, and employ a variety of methods to improve the state's capacity to meet
long-term care service needs within budgetary limits, including seeking proposals from
service providers or lead agencies to change service type, capacity, or location to improve
services, increase the independence of residents, and better meet needs identified by the
long-term care services reports and statewide data and information. By February 1, 2013,
and August 1, 2014, and each following year, the commissioner shall provide information
and data on the overall capacity of licensed long-term care services, actions taken under
this subdivision to manage statewide long-term care services and supports resources, and
any recommendations for change to the legislative committees with jurisdiction over
health and human services budget.
(f) At the time of application and reapplication for licensure, the applicant and the
license holder that are subject to the moratorium or an exclusion established in paragraph
(a) are required to inform the commissioner whether the physical location where the foster
care will be provided is or will be the primary residence of the license holder for the entire
period of licensure. If the primary residence of the applicant or license holder changes, the
applicant or license holder must notify the commissioner immediately. The commissioner
shall print on the foster care license certificate whether or not the physical location is the
primary residence of the license holder.
(g) License holders of foster care homes identified under paragraph (f) that are not
the primary residence of the license holder and that also provide services in the foster care
home that are covered by a federally approved home and community-based services
waiver, as authorized under section 256B.0915, 256B.092, or 256B.49, must inform the
human services licensing division that the license holder provides or intends to provide
these waiver-funded services.
Sec. 5.
Minnesota Statutes 2013 Supplement, section 245A.042, subdivision 3, is
amended to read:
Subd. 3.
Implementation.
(a) The commissioner shall implement the
responsibilities of this chapter according to the timelines in paragraphs (b) and (c)
only within the limits of available appropriations or other administrative cost recovery
methodology.
(b) The licensure of home and community-based services according to this section
shall be implemented January 1, 2014. License applications shall be received and
processed on a phased-in schedule as determined by the commissioner beginning July
1, 2013. Licenses will be issued thereafter upon the commissioner's determination that
the application is complete according to section 245A.04.
(c) Within the limits of available appropriations or other administrative cost recovery
methodology, implementation of compliance monitoring must be phased in after January
1, 2014.
(1) Applicants who do not currently hold a license issued under chapter 245B must
receive an initial compliance monitoring visit after 12 months of the effective date of the
initial license for the purpose of providing technical assistance on how to achieve and
maintain compliance with the applicable law or rules governing the provision of home and
community-based services under chapter 245D. If during the review the commissioner
finds that the license holder has failed to achieve compliance with an applicable law or
rule and this failure does not imminently endanger the health, safety, or rights of the
persons served by the program, the commissioner may issue a licensing review report with
recommendations for achieving and maintaining compliance.
(2) Applicants who do currently hold a license issued under this chapter must receive
a compliance monitoring visit after 24 months of the effective date of the initial license.
(d) Nothing in this subdivision shall be construed to limit the commissioner's
authority to suspend or revoke a license or issue a fine at any time under section 245A.07,
or issue correction orders and make a license conditional for failure to comply with
applicable laws or rules under section 245A.06, based on the nature, chronicity, or severity
of the violation of law or rule and the effect of the violation on the health, safety, or
rights of persons served by the program.
new text begin
(e) License holders governed under chapter 245D must ensure compliance with the
following requirements within the stated timelines:
new text end
new text begin
(1) service initiation and service planning requirements must be met at the next
annual meeting of the person's support team or by January 1, 2015, whichever is later,
for the following:
new text end
new text begin
(i) provision of a written notice that identifies the service recipient rights and an
explanation of those rights as required under section 245D.04, subdivision 1;
new text end
new text begin
(ii) service planning for basic support services as required under section 245D.07,
subdivision 2; and
new text end
new text begin
(iii) service planning for intensive support services under section 245D.071,
subdivisions 3 and 4;
new text end
new text begin
(2) staff orientation to program requirements as required under section 245D.09,
subdivision 4, for staff hired before January 1, 2014, must be met by January 1, 2015.
The license holder may otherwise provide documentation verifying these requirements
were met before January 1, 2014;
new text end
new text begin
(3) development of policy and procedures as required under section 245D.11, must
be completed no later than August 31, 2014;
new text end
new text begin
(4) written or electronic notice and copies of policies and procedures must be
provided to all persons or their legal representatives and case managers as required under
section 245D.10, subdivision 4, paragraphs (b) and (c), by September 15, 2014, or within
30 days of development of the required policies and procedures, whichever is earlier; and
new text end
new text begin
(5) all employees must be informed of the revisions and training must be provided on
implementation of the revised policies and procedures as required under section 245D.10,
subdivision 4, paragraph (d), by September 15, 2014, or within 30 days of development of
the required policies and procedures, whichever is earlier.
new text end
Sec. 6.
Minnesota Statutes 2013 Supplement, section 245A.16, subdivision 1, is
amended to read:
Subdivision 1.
Delegation of authority to agencies.
(a) County agencies and
private agencies that have been designated or licensed by the commissioner to perform
licensing functions and activities under section 245A.04 and background studies for family
child care under chapter 245C; to recommend denial of applicants under section 245A.05;
to issue correction orders, to issue variances, and recommend a conditional license under
section 245A.06, or to recommend suspending or revoking a license or issuing a fine under
section 245A.07, shall comply with rules and directives of the commissioner governing
those functions and with this section. The following variances are excluded from the
delegation of variance authority and may be issued only by the commissioner:
(1) dual licensure of family child care and child foster care, dual licensure of child
and adult foster care, and adult foster care and family child care;
(2) adult foster care maximum capacity;
(3) adult foster care minimum age requirement;
(4) child foster care maximum age requirement;
(5) variances regarding disqualified individuals except that county agencies may
issue variances under section 245C.30 regarding disqualified individuals when the county
is responsible for conducting a consolidated reconsideration according to sections 245C.25
and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination
and a disqualification based on serious or recurring maltreatment;
(6) the required presence of a caregiver in the adult foster care residence during
normal sleeping hours; and
(7) variances for community residential setting licenses under chapter 245D.
Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency
must not grant a license holder a variance to exceed the maximum allowable family child
care license capacity of 14 children.
(b) County agencies must report information about disqualification reconsiderations
under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances
granted under paragraph (a), clause (5), to the commissioner at least monthly in a format
prescribed by the commissioner.
(c) For family day care programs, the commissioner may authorize licensing reviews
every two years after a licensee has had at least one annual review.
(d) For family adult day services programs, the commissioner may authorize
licensing reviews every two years after a licensee has had at least one annual review.
(e) A license issued under this section may be issued for up to two years.
(f) During implementation of chapter 245D, the commissioner shall consider:
(1) the role of counties in quality assurance;
(2) the duties of county licensing staff; and
(3) the possible use of joint powers agreements, according to section 471.59, with
counties through which some licensing duties under chapter 245D may be delegated by
the commissioner to the counties.
Any consideration related to this paragraph must meet all of the requirements of the
corrective action plan ordered by the federal Centers for Medicare and Medicaid Services.
new text begin
(g) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child
foster care programs providing out-of-home respite, as identified in section 245D.03,
subdivision 1, paragraph (b), clause (1), is excluded from the delegation of authority
to county and private agencies.
new text end
Sec. 7.
Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 3, is
amended to read:
Subd. 3.
Case manager.
"Case manager" means the individual designated
to provide waiver case management services, care coordination, or long-term care
consultation, as specified in sections 256B.0913, 256B.0915, 256B.092, and 256B.49,
or successor provisions.new text begin For purposes of this chapter, "case manager" includes case
management services as defined in Minnesota Rules, part 9520.0902, subpart 3.
new text end
Sec. 8.
Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 4b, is
amended to read:
Subd. 4b.
Coordinated service and support plan.
"Coordinated service and
support plan" has the meaning given in sections 256B.0913, subdivision 8; 256B.0915,
subdivision 6; 256B.092, subdivision 1b; and 256B.49, subdivision 15, or successor
provisions.new text begin For purposes of this chapter, "coordinated service and support plan" includes
the individual program plan or individual treatment plan as defined in Minnesota Rules,
part 9520.0510, subpart 12.
new text end
Sec. 9.
Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 8b, is
amended to read:
Subd. 8b.
Expanded support team.
"Expanded support team" means the members
of the support team defined in subdivision deleted text begin 46deleted text end new text begin 34new text end and a licensed health or mental health
professional or other licensed, certified, or qualified professionals or consultants working
with the person and included in the team at the request of the person or the person's legal
representative.
Sec. 10.
Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 11,
is amended to read:
Subd. 11.
Incident.
"Incident" means an occurrence which involves a person and
requires the program to make a response that is not a part of the program's ordinary
provision of services to that person, and includes:
(1) serious injury of a person as determined by section 245.91, subdivision 6;
(2) a person's death;
(3) any medical emergency, unexpected serious illness, or significant unexpected
change in an illness or medical condition of a person that requires the program to call
911, physician treatment, or hospitalization;
(4) any mental health crisis that requires the program to call 911 deleted text begin ordeleted text end new text begin ,new text end a mental
health crisis intervention teamnew text begin , or a similar mental health response team or service when
available and appropriatenew text end ;
(5) an act or situation involving a person that requires the program to call 911,
law enforcement, or the fire department;
(6) a person's unauthorized or unexplained absence from a program;
(7) conduct by a person receiving services against another person receiving services
that:
(i) is so severe, pervasive, or objectively offensive that it substantially interferes with
a person's opportunities to participate in or receive service or support;
(ii) places the person in actual and reasonable fear of harm;
(iii) places the person in actual and reasonable fear of damage to property of the
person; or
(iv) substantially disrupts the orderly operation of the program;
(8) any sexual activity between persons receiving services involving force or
coercion as defined under section 609.341, subdivisions 3 and 14;
(9) any emergency use of manual restraint as identified in section 245D.061new text begin or
successor provisionsnew text end ; or
(10) a report of alleged or suspected child or vulnerable adult maltreatment under
section 626.556 or 626.557.
Sec. 11.
Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 15b,
is amended to read:
Subd. 15b.
Mechanical restraint.
new text begin (a) new text end deleted text begin Except for devices worn by the person that
trigger electronic alarms to warn staff that a person is leaving a room or area, which
do not, in and of themselves, restrict freedom of movement, or the use of adaptive aids
or equipment or orthotic devices ordered by a health care professional used to treat or
manage a medical condition,deleted text end "Mechanical restraint" means the use of devices, materials,
or equipment attached or adjacent to the person's body, or the use of practices that are
intended to restrict freedom of movement or normal access to one's body or body parts,
or limits a person's voluntary movement or holds a person immobile as an intervention
precipitated by a person's behavior. The term applies to the use of mechanical restraint
used to prevent injury with persons who engage in self-injurious behaviors, such as
head-banging, gouging, or other actions resulting in tissue damage that have caused or
could cause medical problems resulting from the self-injury.
new text begin
(b) Mechanical restraint does not include the following:
new text end
new text begin
(1) devices worn by the person that trigger electronic alarms to warn staff that a
person is leaving a room or area, which do not, in and of themselves, restrict freedom of
movement; or
new text end
new text begin
(2) the use of adaptive aids or equipment or orthotic devices ordered by a health care
professional used to treat or manage a medical condition.
new text end
Sec. 12.
Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 29,
is amended to read:
Subd. 29.
Seclusion.
"Seclusion" means deleted text begin the placement of a person alone indeleted text end new text begin : (1)
removing a person involuntarily tonew text end a room from which exit is prohibited by a staff person
or a mechanism such as a lock, a device, or an object positioned to hold the door closed
or otherwise prevent the person from leaving the roomdeleted text begin .deleted text end new text begin ; or (2) otherwise involuntarily
removing or separating a person from an area, activity, situation, or social contact with
others and blocking or preventing the person's return.
new text end
Sec. 13.
Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 34,
is amended to read:
Subd. 34.
Support team.
"Support team" means the service planning team
identified in section 256B.49, subdivision 15deleted text begin , ordeleted text end new text begin ;new text end the interdisciplinary team identified in
Minnesota Rules, part 9525.0004, subpart 14new text begin ; or the case management team as defined in
Minnesota Rules, part 9520.0902, subpart 6new text end .
Sec. 14.
Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 34a,
is amended to read:
Subd. 34a.
Time out.
"Time out" means deleted text begin removing a person involuntarily from an
ongoing activity to a room, either locked or unlocked, or otherwise separating a person
from others in a way that prevents social contact and prevents the person from leaving the
situation if the person choosesdeleted text end new text begin the involuntary removal of a person for a period of time to
a designated area from which the person is not prevented from leavingnew text end . For the purpose of
this chapter, "time out" does not mean voluntary removal or self-removal for the purpose
of calming, prevention of escalation, or de-escalation of behavior deleted text begin for a period of up to 15
minutes. "Time out" does not include a person voluntarily moving from an ongoing activity
to an unlocked room or otherwise separating from a situation or social contact with others
if the person chooses. For the purposes of this definition, "voluntarily" means without
being forced, compelled, or coerced.deleted text end new text begin ; nor does it mean taking a brief "break" or "rest" from
an activity for the purpose of providing the person an opportunity to regain self-control.
new text end
Sec. 15.
Minnesota Statutes 2013 Supplement, section 245D.02, is amended by adding
a subdivision to read:
new text begin Subd. 35b. new text end
new text begin Unlicensed staff. new text end
new text begin
"Unlicensed staff" means individuals not otherwise
licensed or certified by a governmental health board or agency.
new text end
Sec. 16.
Minnesota Statutes 2013 Supplement, section 245D.03, subdivision 1, is
amended to read:
Subdivision 1.
Applicability.
(a) The commissioner shall regulate the provision of
home and community-based services to persons with disabilities and persons age 65 and
older pursuant to this chapter. The licensing standards in this chapter govern the provision
of basic support services and intensive support services.
(b) Basic support services provide the level of assistance, supervision, and care that
is necessary to ensure the health and safety of the person and do not include services that
are specifically directed toward the training, treatment, habilitation, or rehabilitation of
the person. Basic support services include:
(1) in-home and out-of-home respite care services as defined in section 245A.02,
subdivision 15, and under the brain injury, community alternative care, community
alternatives for disabled individuals, developmental disability, and elderly waiver plansnew text begin ,
excluding out-of-home respite care provided to children in a family child foster care home
licensed under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care
license holder complies with the requirements under section 245D.06, subdivisions 5, 6,
7, and 8, or successor provisions; and section 245D.061 or successor provisions, which
must be stipulated in the statement of intended use required under Minnesota Rules,
part 2960.3000, subpart 4new text end ;
(2) new text begin adult new text end companion services as defined under the brain injury, community
alternatives for disabled individuals, and elderly waiver plans, excluding new text begin adult new text end companion
services provided under the Corporation for National and Community Services Senior
Companion Program established under the Domestic Volunteer Service Act of 1973,
Public Law 98-288;
(3) personal support as defined under the developmental disability waiver plan;
(4) 24-hour emergency assistance, personal emergency response as defined under the
community alternatives for disabled individuals and developmental disability waiver plans;
(5) night supervision services as defined under the brain injury waiver plan; and
(6) homemaker services as defined under the community alternatives for disabled
individuals, brain injury, community alternative care, developmental disability, and elderly
waiver plans, excluding providers licensed by the Department of Health under chapter
144A and those providers providing cleaning services only.
(c) Intensive support services provide assistance, supervision, and care that is
necessary to ensure the health and safety of the person and services specifically directed
toward the training, habilitation, or rehabilitation of the person. Intensive support services
include:
(1) intervention services, including:
(i) behavioral support services as defined under the brain injury and community
alternatives for disabled individuals waiver plans;
(ii) in-home or out-of-home crisis respite services as defined under the developmental
disability waiver plan; and
(iii) specialist services as defined under the current developmental disability waiver
plan;
(2) in-home support services, including:
(i) in-home family support and supported living services as defined under the
developmental disability waiver plan;
(ii) independent living services training as defined under the brain injury and
community alternatives for disabled individuals waiver plans; and
(iii) semi-independent living services;
(3) residential supports and services, including:
(i) supported living services as defined under the developmental disability waiver
plan provided in a family or corporate child foster care residence, a family adult foster
care residence, a community residential setting, or a supervised living facility;
(ii) foster care services as defined in the brain injury, community alternative care,
and community alternatives for disabled individuals waiver plans provided in a family or
corporate child foster care residence, a family adult foster care residence, or a community
residential setting; and
(iii) residential services provided new text begin to more than four persons with developmental
disabilities new text end in a supervised living facility deleted text begin that is certified by the Department of Health as
an ICF/DDdeleted text end new text begin , including ICFs/DDnew text end ;
(4) day services, including:
(i) structured day services as defined under the brain injury waiver plan;
(ii) day training and habilitation services under sections 252.40 to 252.46, and as
defined under the developmental disability waiver plan; and
(iii) prevocational services as defined under the brain injury and community
alternatives for disabled individuals waiver plans; and
(5) supported employment as defined under the brain injury, developmental
disability, and community alternatives for disabled individuals waiver plans.
Sec. 17.
Minnesota Statutes 2013 Supplement, section 245D.03, is amended by adding
a subdivision to read:
new text begin Subd. 1a. new text end
new text begin Effect. new text end
new text begin
The home and community-based services standards establish
health, safety, welfare, and rights protections for persons receiving services governed by
this chapter. The standards recognize the diversity of persons receiving these services and
require that these services are provided in a manner that meets each person's individual
needs and ensures continuity in service planning, care, and coordination between the
license holder and members of each person's support team or expanded support team.
new text end
Sec. 18.
Minnesota Statutes 2013 Supplement, section 245D.03, subdivision 2, is
amended to read:
Subd. 2.
Relationship to other standards governing home and community-based
services.
(a) A license holder governed by this chapter is also subject to the licensure
requirements under chapter 245A.
(b) deleted text begin A corporate or family child foster care site controlled by a license holder and
providing services governed by this chapter is exempt from compliance with section
245D.04. This exemption applies to foster care homes where at least one resident is
receiving residential supports and services licensed according to this chapter.deleted text end This chapter
does not apply to corporate or family child foster care homes that do not provide services
licensed under this chapter.
(c) A family adult foster care site controlled by a license holder deleted text begin anddeleted text end providing
services governed by this chapter is exempt from compliance with Minnesota Rules,
parts 9555.6185; 9555.6225new text begin , subpart 8new text end ; 9555.6245; 9555.6255; and 9555.6265. These
exemptions apply to family adult foster care homes where at least one resident is receiving
residential supports and services licensed according to this chapter. This chapter does
not apply to family adult foster care homes that do not provide services licensed under
this chapter.
(d) A license holder providing services licensed according to this chapter in a
supervised living facility is exempt from compliance with deleted text begin sectionsdeleted text end new text begin section new text end 245D.04deleted text begin ;
245D.05, subdivision 2; and 245D.06, subdivision 2, clauses (1), (4), and (5)deleted text end .
(e) A license holder providing residential services to persons in an ICF/DD is exempt
from compliance with sections 245D.04; 245D.05, subdivision 1b; 245D.06, subdivision
2, clauses (4) and (5); 245D.071, subdivisions 4 and 5; 245D.081, subdivision 2; 245D.09,
subdivision 7; 245D.095, subdivision 2; and 245D.11, subdivision 3.
(f) A license holder providing homemaker services licensed according to this chapter
and registered according to chapter 144A is exempt from compliance with section 245D.04.
(g) Nothing in this chapter prohibits a license holder from concurrently serving
persons without disabilities or people who are or are not age 65 and older, provided this
chapter's standards are met as well as other relevant standards.
(h) The documentation required under sections 245D.07 and 245D.071 must meet
the individual program plan requirements identified in section 256B.092 or successor
provisions.
Sec. 19.
Minnesota Statutes 2013 Supplement, section 245D.03, subdivision 3, is
amended to read:
Subd. 3.
Variance.
If the conditions in section 245A.04, subdivision 9, are met,
the commissioner may grant a variance to any of the requirements in this chapter, except
sections 245D.04; 245D.06, subdivision 4, paragraph (b)new text begin , and subdivision 6, or successor
provisionsnew text end ; and deleted text begin 245D.061, subdivision 3, ordeleted text end provisions governing data practices and
information rights of persons.
Sec. 20.
Minnesota Statutes 2013 Supplement, section 245D.04, subdivision 3, is
amended to read:
Subd. 3.
Protection-related rights.
(a) A person's protection-related rights include
the right to:
(1) have personal, financial, service, health, and medical information kept private,
and be advised of disclosure of this information by the license holder;
(2) access records and recorded information about the person in accordance with
applicable state and federal law, regulation, or rule;
(3) be free from maltreatment;
(4) be free from restraint, time out, deleted text begin ordeleted text end seclusionnew text begin , restrictive intervention, or other
prohibited procedure identified in section 245D.06, subdivision 5, or successor provisions,
new text end except fornew text begin : (i)new text end emergency use of manual restraint to protect the person from imminent
danger to self or others according to the requirements in section deleted text begin 245D.06;deleted text end new text begin 245D.061 or
successor provisions; or (ii) the use of safety interventions as part of a positive support
transition plan under section 245D.06, subdivision 8, or successor provisions;
new text end
(5) receive services in a clean and safe environment when the license holder is the
owner, lessor, or tenant of the service site;
(6) be treated with courtesy and respect and receive respectful treatment of the
person's property;
(7) reasonable observance of cultural and ethnic practice and religion;
(8) be free from bias and harassment regarding race, gender, age, disability,
spirituality, and sexual orientation;
(9) be informed of and use the license holder's grievance policy and procedures,
including knowing how to contact persons responsible for addressing problems and to
appeal under section 256.045;
(10) know the name, telephone number, and the Web site, e-mail, and street
addresses of protection and advocacy services, including the appropriate state-appointed
ombudsman, and a brief description of how to file a complaint with these offices;
(11) assert these rights personally, or have them asserted by the person's family,
authorized representative, or legal representative, without retaliation;
(12) give or withhold written informed consent to participate in any research or
experimental treatment;
(13) associate with other persons of the person's choice;
(14) personal privacy; and
(15) engage in chosen activities.
(b) For a person residing in a residential site licensed according to chapter 245A,
or where the license holder is the owner, lessor, or tenant of the residential service site,
protection-related rights also include the right to:
(1) have daily, private access to and use of a non-coin-operated telephone for local
calls and long-distance calls made collect or paid for by the person;
(2) receive and send, without interference, uncensored, unopened mail or electronic
correspondence or communication;
(3) have use of and free access to common areas in the residence; and
(4) privacy for visits with the person's spouse, next of kin, legal counsel, religious
advisor, or others, in accordance with section 363A.09 of the Human Rights Act, including
privacy in the person's bedroom.
(c) Restriction of a person's rights under deleted text begin subdivision 2, clause (10), ordeleted text end paragraph (a),
clauses (13) to (15), or paragraph (b) is allowed only if determined necessary to ensure
the health, safety, and well-being of the person. Any restriction of those rights must be
documented in the person's coordinated service and support plan or coordinated service
and support plan addendum. The restriction must be implemented in the least restrictive
alternative manner necessary to protect the person and provide support to reduce or
eliminate the need for the restriction in the most integrated setting and inclusive manner.
The documentation must include the following information:
(1) the justification for the restriction based on an assessment of the person's
vulnerability related to exercising the right without restriction;
(2) the objective measures set as conditions for ending the restriction;
(3) a schedule for reviewing the need for the restriction based on the conditions
for ending the restriction to occur semiannually from the date of initial approval, at a
minimum, or more frequently if requested by the person, the person's legal representative,
if any, and case manager; and
(4) signed and dated approval for the restriction from the person, or the person's
legal representative, if any. A restriction may be implemented only when the required
approval has been obtained. Approval may be withdrawn at any time. If approval is
withdrawn, the right must be immediately and fully restored.
Sec. 21.
Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1, is
amended to read:
Subdivision 1.
Health needs.
(a) The license holder is responsible for meeting
health service needs assigned in the coordinated service and support plan or the
coordinated service and support plan addendum, consistent with the person's health needs.
The license holder is responsible for promptly notifying the person's legal representative,
if any, and the case manager of changes in a person's physical and mental health needs
affecting health service needs assigned to the license holder in the coordinated service and
support plan or the coordinated service and support plan addendum, when discovered by
the license holder, unless the license holder has reason to know the change has already
been reported. The license holder must document when the notice is provided.
(b) If responsibility for meeting the person's health service needs has been assigned
to the license holder in the coordinated service and support plan or the coordinated service
and support plan addendum, the license holder must maintain documentation on how the
person's health needs will be met, including a description of the procedures the license
holder will follow in order to:
(1) provide medication new text begin setup, new text end assistancenew text begin ,new text end or deleted text begin medicationdeleted text end administration according
to this chapternew text begin . Unlicensed staff responsible for medication setup or medication
administration under this section must complete training according to section 245D.09,
subdivision 4a, paragraph (d)new text end ;
(2) monitor health conditions according to written instructions from a licensed
health professional;
(3) assist with or coordinate medical, dental, and other health service appointments; or
(4) use medical equipment, devices, or adaptive aides or technology safely and
correctly according to written instructions from a licensed health professional.
Sec. 22.
Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1a,
is amended to read:
Subd. 1a.
Medication setup.
new text begin (a) new text end For the purposes of this subdivision, "medication
setup" means the arranging of medications according to instructions from the pharmacy,
the prescriber, or a licensed nurse, for later administration when the license holder
is assigned responsibility deleted text begin for medication assistance or medication administrationdeleted text end in
the coordinated service and support plan or the coordinated service and support plan
addendum. A prescription label or the prescriber's written or electronically recorded order
for the prescription is sufficient to constitute written instructions from the prescriber.
new text begin (b) If responsibility for medication setup is assigned to the license holder in
the coordinated service and support plan or the coordinated service and support plan
addendum, or if the license holder provides it as part of medication assistance or
medication administration,new text end the license holder must document in the person's medication
administration record: dates of setup, name of medication, quantity of dose, times to be
administered, and route of administration at time of setup; and, when the person will be
away from home, to whom the medications were given.
Sec. 23.
Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1b,
is amended to read:
Subd. 1b.
Medication assistance.
new text begin
(a) For purposes of this subdivision, "medication
assistance" means any of the following:
new text end
new text begin
(1) bringing to the person and opening a container of previously set up medications,
emptying the container into the person's hand, or opening and giving the medications in
the original container to the person under the direction of the person;
new text end
new text begin
(2) bringing to the person liquids or food to accompany the medication; or
new text end
new text begin
(3) providing reminders to take regularly scheduled medication or perform regularly
scheduled treatments and exercises.
new text end
new text begin (b) new text end If responsibility for medication assistance is assigned to the license holder
in the coordinated service and support plan or the coordinated service and support
plan addendum, the license holder must ensure that deleted text begin the requirements of subdivision 2,
paragraph (b), have been met when staff providesdeleted text end medication assistance deleted text begin to enabledeleted text end new text begin is
provided in a manner that enables new text end a person to self-administer medication or treatment
when the person is capable of directing the person's own care, or when the person's legal
representative is present and able to direct care for the person. deleted text begin For the purposes of this
subdivision, "medication assistance" means any of the following:
deleted text end
deleted text begin
(1) bringing to the person and opening a container of previously set up medications,
emptying the container into the person's hand, or opening and giving the medications in
the original container to the person;
deleted text end
deleted text begin
(2) bringing to the person liquids or food to accompany the medication; or
deleted text end
deleted text begin
(3) providing reminders to take regularly scheduled medication or perform regularly
scheduled treatments and exercises.
deleted text end
Sec. 24.
Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 2, is
amended to read:
Subd. 2.
Medication administration.
(a) deleted text begin If responsibility for medication
administration is assigned to the license holder in the coordinated service and support
plan or the coordinated service and support plan addendum, the license holder must
implement the following medication administration procedures to ensure a person takes
medications and treatments as prescribeddeleted text end new text begin For purposes of this subdivision, "medication
administration" meansnew text end :
(1) checking the person's medication record;
(2) preparing the medication as necessary;
(3) administering the medication or treatment to the person;
(4) documenting the administration of the medication or treatment or the reason for
not administering the medication or treatment; and
(5) reporting to the prescriber or a nurse any concerns about the medication or
treatment, including side effects, effectiveness, or a pattern of the person refusing to
take the medication or treatment as prescribed. Adverse reactions must be immediately
reported to the prescriber or a nurse.
(b)(1) new text begin If responsibility for medication administration is assigned to the license holder
in the coordinated service and support plan or the coordinated service and support plan
addendum, the license holder must implement medication administration procedures
to ensure a person takes medications and treatments as prescribed. new text end The license holder
must ensure that the requirements in clauses (2) deleted text begin to (4)deleted text end new text begin and (3)new text end have been met before
administering medication or treatment.
(2) The license holder must obtain written authorization from the person or the
person's legal representative to administer medication or treatment and must obtain
reauthorization annually as needed. new text begin This authorization shall remain in effect unless it is
withdrawn in writing and may be withdrawn at any time. new text end If the person or the person's
legal representative refuses to authorize the license holder to administer medication, the
medication must not be administered. The refusal to authorize medication administration
must be reported to the prescriber as expediently as possible.
deleted text begin
(3) The staff person responsible for administering the medication or treatment must
complete medication administration training according to section 245D.09, subdivision
4a, paragraphs (a) and (c), and, as applicable to the person, paragraph (d).
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end For a license holder providing intensive support services, the medication or
treatment must be administered according to the license holder's medication administration
policy and procedures as required under section 245D.11, subdivision 2, clause (3).
(c) The license holder must ensure the following information is documented in the
person's medication administration record:
(1) the information on the current prescription label or the prescriber's current
written or electronically recorded order or prescription that includes the person's name,
description of the medication or treatment to be provided, and the frequency and other
information needed to safely and correctly administer the medication or treatment to
ensure effectiveness;
(2) information on any risks or other side effects that are reasonable to expect, and
any contraindications to its use. This information must be readily available to all staff
administering the medication;
(3) the possible consequences if the medication or treatment is not taken or
administered as directed;
(4) instruction on when and to whom to report the following:
(i) if a dose of medication is not administered or treatment is not performed as
prescribed, whether by error by the staff or the person or by refusal by the person; and
(ii) the occurrence of possible adverse reactions to the medication or treatment;
(5) notation of any occurrence of a dose of medication not being administered or
treatment not performed as prescribed, whether by error by the staff or the person or by
refusal by the person, or of adverse reactions, and when and to whom the report was
made; and
(6) notation of when a medication or treatment is started, administered, changed, or
discontinued.
Sec. 25.
Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 4, is
amended to read:
Subd. 4.
Reviewing and reporting medication and treatment issues.
(a) When
assigned responsibility for medication administration, the license holder must ensure
that the information maintained in the medication administration record is current and
is regularly reviewed to identify medication administration errors. At a minimum, the
review must be conducted every three months, or more frequently as directed in the
coordinated service and support plan or coordinated service and support plan addendum
or as requested by the person or the person's legal representative. Based on the review,
the license holder must develop and implement a plan to correct patterns of medication
administration errors when identified.
(b) If assigned responsibility for medication assistance or medication administration,
the license holder must report the following to the person's legal representative and case
manager as they occur or as otherwise directed in the coordinated service and support plan
or the coordinated service and support plan addendum:
(1) any reports deleted text begin made to the person's physician or prescriberdeleted text end required under
subdivision 2, paragraph (c), clause (4);
(2) a person's refusal or failure to take or receive medication or treatment as
prescribed; or
(3) concerns about a person's self-administration of medication or treatment.
Sec. 26.
Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 5, is
amended to read:
Subd. 5.
Injectable medications.
Injectable medications may be administered
according to a prescriber's order and written instructions when one of the following
conditions has been met:
(1) a registered nurse or licensed practical nurse will administer the deleted text begin subcutaneous or
intramusculardeleted text end injection;
(2) a supervising registered nurse with a physician's order has delegated the
administration of deleted text begin subcutaneousdeleted text end injectable medication to an unlicensed staff member
and has provided the necessary training; or
(3) there is an agreement signed by the license holder, the prescriber, and the
person or the person's legal representative specifying what deleted text begin subcutaneousdeleted text end injections may
be given, when, how, and that the prescriber must retain responsibility for the license
holder's giving the injections. A copy of the agreement must be placed in the person's
service recipient record.
Only licensed health professionals are allowed to administer psychotropic
medications by injection.
Sec. 27.
Minnesota Statutes 2013 Supplement, section 245D.051, is amended to read:
245D.051 PSYCHOTROPIC MEDICATION USE AND MONITORING.
Subdivision 1.
Conditions for psychotropic medication administration.
(a)
When a person is prescribed a psychotropic medication and the license holder is assigned
responsibility for administration of the medication in the person's coordinated service
and support plan or the coordinated service and support plan addendum, the license
holder must ensure that the requirements in deleted text begin paragraphs (b) to (d) anddeleted text end section 245D.05,
subdivision 2, are met.
deleted text begin
(b) Use of the medication must be included in the person's coordinated service and
support plan or in the coordinated service and support plan addendum and based on a
prescriber's current written or electronically recorded prescription.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The license holder must develop, implement, and maintain the following
documentation in the person's coordinated service and support plan addendum according
to the requirements in sections 245D.07 and 245D.071:
(1) a description of the target symptoms that the psychotropic medication is to
alleviate; and
(2) documentation methods the license holder will use to monitor and measure
changes in the target symptoms that are to be alleviated by the psychotropic medication if
required by the prescriber. The license holder must collect and report on medication and
symptom-related data as instructed by the prescriber. The license holder must provide
the monitoring data to the expanded support team for review every three months, or as
otherwise requested by the person or the person's legal representative.
For the purposes of this section, "target symptom" refers to any perceptible
diagnostic criteria for a person's diagnosed mental disorder, as defined by the Diagnostic
and Statistical Manual of Mental Disorders Fourth Edition Text Revision (DSM-IV-TR) or
successive editions, that has been identified for alleviation.
Subd. 2.
Refusal to authorize psychotropic medication.
If the person or the
person's legal representative refuses to authorize the administration of a psychotropic
medication as ordered by the prescriber, the license holder must deleted text begin follow the requirement in
section 245D.05, subdivision 2, paragraph (b), clause (2).deleted text end new text begin not administer the medication.
The refusal to authorize medication administration must be reported to the prescriber as
expediently as possible. new text end After reporting the refusal to the prescriber, the license holder
must follow any directives or orders given by the prescriber. deleted text begin A court order must be
obtained to override the refusal.deleted text end new text begin A refusal may not be overridden without a court order.
new text end Refusal to authorize administration of a specific psychotropic medication is not grounds
for service termination and does not constitute an emergency. A decision to terminate
services must be reached in compliance with section 245D.10, subdivision 3.
Sec. 28.
Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 1, is
amended to read:
Subdivision 1.
Incident response and reporting.
(a) The license holder must
respond to incidents under section 245D.02, subdivision 11, that occur while providing
services to protect the health and safety of and minimize risk of harm to the person.
(b) The license holder must maintain information about and report incidents to the
person's legal representative or designated emergency contact and case manager within
24 hours of an incident occurring while services are being provided, within 24 hours of
discovery or receipt of information that an incident occurred, unless the license holder
has reason to know that the incident has already been reported, or as otherwise directed
in a person's coordinated service and support plan or coordinated service and support
plan addendum. An incident of suspected or alleged maltreatment must be reported as
required under paragraph (d), and an incident of serious injury or death must be reported
as required under paragraph (e).
(c) When the incident involves more than one person, the license holder must not
disclose personally identifiable information about any other person when making the report
to each person and case manager unless the license holder has the consent of the person.
(d) Within 24 hours of reporting maltreatment as required under section 626.556
or 626.557, the license holder must inform the case manager of the report unless there is
reason to believe that the case manager is involved in the suspected maltreatment. The
license holder must disclose the nature of the activity or occurrence reported and the
agency that received the report.
(e) The license holder must report the death or serious injury of the person as
required in paragraph (b) and to the Department of Human Services Licensing Division,
and the Office of Ombudsman for Mental Health and Developmental Disabilities as
required under section 245.94, subdivision 2a, within 24 hours of the death, or receipt of
information that the death occurred, unless the license holder has reason to know that the
death has already been reported.
(f) When a death or serious injury occurs in a facility certified as an intermediate
care facility for persons with developmental disabilities, the death or serious injury must
be reported to the Department of Health, Office of Health Facility Complaints, and the
Office of Ombudsman for Mental Health and Developmental Disabilities, as required
under sections 245.91 and 245.94, subdivision 2a, unless the license holder has reason to
know that the death has already been reported.
(g) The license holder must conduct an internal review of incident reports of deaths
and serious injuries that occurred while services were being provided and that were not
reported by the program as alleged or suspected maltreatment, for identification of incident
patterns, and implementation of corrective action as necessary to reduce occurrences.
The review must include an evaluation of whether related policies and procedures were
followed, whether the policies and procedures were adequate, whether there is a need for
additional staff training, whether the reported event is similar to past events with the
persons or the services involved, and whether there is a need for corrective action by the
license holder to protect the health and safety of persons receiving services. Based on
the results of this review, the license holder must develop, document, and implement a
corrective action plan designed to correct current lapses and prevent future lapses in
performance by staff or the license holder, if any.
(h) The license holder must verbally report the emergency use of manual restraint
of a person as required in paragraph (b) within 24 hours of the occurrence. The license
holder must ensure the written report and internal review of all incident reports of the
emergency use of manual restraints are completed according to the requirements in section
245D.061new text begin or successor provisionsnew text end .
Sec. 29.
Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 2, is
amended to read:
Subd. 2.
Environment and safety.
The license holder must:
(1) ensure the following when the license holder is the owner, lessor, or tenant
of the service site:
(i) the service site is a safe and hazard-free environment;
(ii) that toxic substances or dangerous items are inaccessible to persons served by
the program only to protect the safety of a person receiving services new text begin when a known safety
threat exists new text end and not as a substitute for staff supervision or interactions with a person who
is receiving services. If toxic substances or dangerous items are made inaccessible, the
license holder must document an assessment of the physical plant, its environment, and its
population identifying the risk factors which require toxic substances or dangerous items
to be inaccessible and a statement of specific measures to be taken to minimize the safety
risk to persons receiving servicesnew text begin and to restore accessibility to all persons receiving
services at the service sitenew text end ;
(iii) doors are locked from the inside to prevent a person from exiting only when
necessary to protect the safety of a person receiving services and not as a substitute for
staff supervision or interactions with the person. If doors are locked from the inside, the
license holder must document an assessment of the physical plant, the environment and
the population served, identifying the risk factors which require the use of locked doors,
and a statement of specific measures to be taken to minimize the safety risk to persons
receiving services at the service site; and
(iv) a staff person is available at the service site who is trained in basic first aid and,
when required in a person's coordinated service and support plan or coordinated service
and support plan addendum, cardiopulmonary resuscitation (CPR) whenever persons are
present and staff are required to be at the site to provide direct new text begin support new text end service. The CPR
training must include in-person instruction, hands-on practice, and an observed skills
assessment under the direct supervision of a CPR instructor;
(2) maintain equipment, vehicles, supplies, and materials owned or leased by the
license holder in good condition when used to provide services;
(3) follow procedures to ensure safe transportation, handling, and transfers of the
person and any equipment used by the person, when the license holder is responsible for
transportation of a person or a person's equipment;
(4) be prepared for emergencies and follow emergency response procedures to
ensure the person's safety in an emergency; and
(5) follow universal precautions and sanitary practices, including hand washing, for
infection prevention and control, and to prevent communicable diseases.
Sec. 30.
Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 4, is
amended to read:
Subd. 4.
Funds and propertynew text begin ; legal representative restrictionsnew text end .
(a) Whenever the
license holder assists a person with the safekeeping of funds or other property according
to section 245A.04, subdivision 13, the license holder must obtain written authorization
to do so from the person or the person's legal representative and the case manager.
Authorization must be obtained within five working days of service initiation and renewed
annually thereafter. At the time initial authorization is obtained, the license holder must
survey, document, and implement the preferences of the person or the person's legal
representative and the case manager for frequency of receiving a statement that itemizes
receipts and disbursements of funds or other property. The license holder must document
changes to these preferences when they are requested.
(b) A license holder or staff person may not accept powers-of-attorney from a person
receiving services from the license holder for any purpose. This does not apply to license
holders that are Minnesota counties or other units of government or to staff persons
employed by license holders who were acting as attorney-in-fact for specific individuals
prior to implementation of this chapter. The license holder must maintain documentation
of the power-of-attorney in the service recipient record.
new text begin
(c) A license holder or staff person is restricted from accepting an appointment
as a guardian as follows:
new text end
new text begin
(1) under section 524.5-309 of the Uniform Probate Code, any individual or agency
that provides residence, custodial care, medical care, employment training, or other care
or services for which the individual or agency receives a fee may not be appointed as
guardian unless related to the respondent by blood, marriage, or adoption; and
new text end
new text begin
(2) under section 245A.03, subdivision 2, paragraph (a), clause (1), a related
individual as defined under section 245A.02, subdivision 13, is excluded from licensure.
Services provided by a license holder to a person under the license holder's guardianship
are not licensed services.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Upon the transfer or death of a person, any funds or other property of the
person must be surrendered to the person or the person's legal representative, or given to
the executor or administrator of the estate in exchange for an itemized receipt.
Sec. 31.
Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 6, is
amended to read:
Subd. 6.
Restricted procedures.
new text begin (a) new text end The following procedures are allowed when
the procedures are implemented in compliance with the standards governing their use as
identified in clauses (1) to (3). Allowed but restricted procedures include:
(1) permitted actions and procedures subject to the requirements in subdivision 7;
(2) procedures identified in a positive support transition plan subject to the
requirements in subdivision 8; or
(3) emergency use of manual restraint subject to the requirements in section
245D.061.
For purposes of this chapter, this section supersedes the requirements identified in
Minnesota Rules, part 9525.2740.
new text begin
(b) A restricted procedure identified in paragraph (a) must not:
new text end
new text begin
(1) be implemented with a child in a manner that constitutes sexual abuse, neglect,
physical abuse, or mental injury, as defined in section 626.556, subdivision 2;
new text end
new text begin
(2) be implemented with an adult in a manner that constitutes abuse or neglect as
defined in section 626.5572, subdivision 2 or 17;
new text end
new text begin
(3) be implemented in a manner that violates a person's rights identified in section
245D.04;
new text end
new text begin
(4) restrict a person's normal access to a nutritious diet, drinking water, adequate
ventilation, necessary medical care, ordinary hygiene facilities, normal sleeping
conditions, necessary clothing, or any protection required by state licensing standards or
federal regulations governing the program;
new text end
new text begin
(5) deny the person visitation or ordinary contact with legal counsel, a legal
representative, or next of kin;
new text end
new text begin
(6) be used for the convenience of staff, as punishment, as a substitute for adequate
staffing, or as a consequence if the person refuses to participate in the treatment or services
provided by the program;
new text end
new text begin
(7) use prone restraint. For purposes of this section, "prone restraint" means use
of manual restraint that places a person in a face-down position. Prone restraint does
not include brief physical holding of a person who, during an emergency use of manual
restraint, rolls into a prone position, if the person is restored to a standing, sitting, or
side-lying position as quickly as possible;
new text end
new text begin
(8) apply back or chest pressure while a person is in a prone position as identified in
clause (7), supine position, or side-lying position; or
new text end
new text begin
(9) be implemented in a manner that is contraindicated for any of the person's known
medical or psychological limitations.
new text end
Sec. 32.
Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 7, is
amended to read:
Subd. 7.
Permitted actions and procedures.
(a) Use of the instructional techniques
and intervention procedures as identified in paragraphs (b) and (c) is permitted when used
on an intermittent or continuous basis. When used on a continuous basis, it must be
addressed in a person's coordinated service and support plan addendum as identified in
sections 245D.07 and 245D.071. For purposes of this chapter, the requirements of this
subdivision supersede the requirements identified in Minnesota Rules, part 9525.2720.
(b) Physical contact or instructional techniques must use the least restrictive
alternative possible to meet the needs of the person and may be used:
(1) to calm or comfort a person by holding that person with no resistance from
that person;
(2) to protect a person known to be at risk deleted text begin ordeleted text end new text begin of new text end injury due to frequent falls as a result
of a medical condition;
(3) to facilitate the person's completion of a task or response when the person does
not resist or the person's resistance is minimal in intensity and duration; deleted text begin or
deleted text end
(4) to deleted text begin brieflydeleted text end block or redirect a person's limbs or body without holding the person or
limiting the person's movement to interrupt the person's behavior that may result in injury
to self or othersdeleted text begin .deleted text end new text begin with less than 60 seconds of physical contact by staff; or
new text end
new text begin
(5) to redirect a person's behavior when the behavior does not pose a serious threat
to the person or others and the behavior is effectively redirected with less than 60 seconds
of physical contact by staff.
new text end
(c) Restraint may be used as an intervention procedure to:
(1) allow a licensed health care professional to safely conduct a medical examination
or to provide medical treatment ordered by a licensed health care professional to a person
necessary to promote healing or recovery from an acute, meaning short-term, medical
condition;
(2) assist in the safe evacuation or redirection of a person in the event of an
emergency and the person is at imminent risk of harmdeleted text begin .deleted text end new text begin ; or
new text end
deleted text begin
Any use of manual restraint as allowed in this paragraph must comply with the restrictions
identified in section deleted text begin 245D.061, deleted text end subdivision deleted text begin 3deleted text end ; or
deleted text end
(3) position a person with physical disabilities in a manner specified in the person's
coordinated service and support plan addendum.
new text begin
Any use of manual restraint as allowed in this paragraph must comply with the restrictions
identified in subdivision 6, paragraph (b).
new text end
(d) Use of adaptive aids or equipment, orthotic devices, or other medical equipment
ordered by a licensed health professional to treat a diagnosed medical condition do not in
and of themselves constitute the use of mechanical restraint.
new text begin
(e) Use of an auxiliary device to ensure a person does not unfasten a seat belt when
being transported in a vehicle in accordance with seat belt use requirements in section
169.686 does not constitute the use of mechanical restraint.
new text end
Sec. 33.
Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 8, is
amended to read:
Subd. 8.
Positive support transition plan.
new text begin (a) new text end License holders must develop
a positive support transition plan on the forms and in the manner prescribed by the
commissioner for a person who requires intervention in order to maintain safety when
it is known that the person's behavior poses an immediate risk of physical harm to self
or others. The positive support transition plan forms and instructions will supersede the
requirements in Minnesota Rules, parts 9525.2750; 9525.2760; and 9525.2780. The
positive support transition plan must phase out any existing plans for the emergency
or programmatic use of deleted text begin aversive or deprivation proceduresdeleted text end new text begin restrictive interventions
new text end prohibited under this chapter within the following timelines:
(1) for persons receiving services from the license holder before January 1, 2014,
the plan must be developed and implemented by February 1, 2014, and phased out no
later than December 31, 2014; and
(2) for persons admitted to the program on or after January 1, 2014, the plan must be
developed and implemented within 30 calendar days of service initiation and phased out
no later than 11 months from the date of plan implementation.
new text begin
(b) The commissioner has limited authority to grant approval for the emergency use
of procedures identified in subdivision 6 that had been part of an approved positive support
transition plan when a person is at imminent risk of serious injury as defined in section
245.91, subdivision 6, due to self-injurious behavior and the following conditions are met:
new text end
new text begin
(1) the person's expanded support team approves the emergency use of the
procedures; and
new text end
new text begin
(2) the interim review panel established in section 245.8251, subdivision 4,
recommends commissioner approval of the emergency use of the procedures.
new text end
new text begin
(c) Written requests for the emergency use of the procedures must be developed
and submitted to the commissioner by the designated coordinator with input from the
person's expanded support team in accordance with the requirements set by the interim
review panel, in addition to the following:
new text end
new text begin
(1) a copy of the person's current positive support transition plan and copies of
each positive support transition plan review containing data on the progress of the plan
from the previous year;
new text end
new text begin
(2) documentation of a good faith effort to eliminate the use of the procedures that
had been part of an approved positive support transition plan;
new text end
new text begin
(3) justification for the continued use of the procedures that identifies the imminent
risk of serious injury due to the person's self-injurious behavior if the procedures were
eliminated;
new text end
new text begin
(4) documentation of the clinicians consulted in creating and maintaining the
positive support transition plan; and
new text end
new text begin
(5) documentation of the expanded support team's approval and the recommendation
from the interim panel required under paragraph (b).
new text end
new text begin
(d) A copy of the written request, supporting documentation, and the commissioner's
final determination on the request must be maintained in the person's service recipient
record.
new text end
Sec. 34.
Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 3,
is amended to read:
Subd. 3.
Assessment and initial service planning.
(a) Within 15 days of service
initiation the license holder must complete a preliminary coordinated service and support
plan addendum based on the coordinated service and support plan.
deleted text begin
(b) Within 45 days of service initiation the license holder must meet with the person,
the person's legal representative, the case manager, and other members of the support team
or expanded support team to assess and determine the following based on the person's
coordinated service and support plan and the requirements in subdivision 4 and section
245D.07, subdivision 1a:
deleted text end
deleted text begin
(1) the scope of the services to be provided to support the person's daily needs
and activities;
deleted text end
deleted text begin
(2) the person's desired outcomes and the supports necessary to accomplish the
person's desired outcomes;
deleted text end
deleted text begin
(3) the person's preferences for how services and supports are provided;
deleted text end
deleted text begin
(4) whether the current service setting is the most integrated setting available and
appropriate for the person; and
deleted text end
deleted text begin
(5) how services must be coordinated across other providers licensed under this
chapter serving the same person to ensure continuity of care for the person.
deleted text end
deleted text begin
(c) Within the scope of services, the license holder must, at a minimum, assess
the following areas:
deleted text end
deleted text begin
(1) the person's ability to self-manage health and medical needs to maintain or
improve physical, mental, and emotional well-being, including, when applicable, allergies,
seizures, choking, special dietary needs, chronic medical conditions, self-administration
of medication or treatment orders, preventative screening, and medical and dental
appointments;
deleted text end
deleted text begin
(2) the person's ability to self-manage personal safety to avoid injury or accident in
the service setting, including, when applicable, risk of falling, mobility, regulating water
temperature, community survival skills, water safety skills, and sensory disabilities; and
deleted text end
deleted text begin
(3) the person's ability to self-manage symptoms or behavior that may otherwise
result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to
(7), suspension or termination of services by the license holder, or other symptoms
or behaviors that may jeopardize the health and safety of the person or others. The
assessments must produce information about the person that is descriptive of the person's
overall strengths, functional skills and abilities, and behaviors or symptoms.
deleted text end
new text begin
(b) Within the scope of services, the license holder must, at a minimum, complete
assessments in the following areas before the 45-day planning meeting:
new text end
new text begin
(1) the person's ability to self-manage health and medical needs to maintain or
improve physical, mental, and emotional well-being, including, when applicable, allergies,
seizures, choking, special dietary needs, chronic medical conditions, self-administration
of medication or treatment orders, preventative screening, and medical and dental
appointments;
new text end
new text begin
(2) the person's ability to self-manage personal safety to avoid injury or accident in
the service setting, including, when applicable, risk of falling, mobility, regulating water
temperature, community survival skills, water safety skills, and sensory disabilities; and
new text end
new text begin
(3) the person's ability to self-manage symptoms or behavior that may otherwise
result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7),
suspension or termination of services by the license holder, or other symptoms or
behaviors that may jeopardize the health and safety of the person or others.
new text end
new text begin
Assessments must produce information about the person that describes the person's overall
strengths, functional skills and abilities, and behaviors or symptoms. Assessments must
be based on the person's status within the last 12 months at the time of service initiation.
Assessments based on older information must be documented and justified. Assessments
must be conducted annually at a minimum or within 30 days of a written request from the
person or the person's legal representative or case manager. The results must be reviewed
by the support team or expanded support team as part of a service plan review.
new text end
new text begin
(c) Within 45 days of service initiation, the license holder must meet with the
person, the person's legal representative, the case manager, and other members of the
support team or expanded support team to determine the following based on information
obtained from the assessments identified in paragraph (b), the person's identified needs
in the coordinated service and support plan, and the requirements in subdivision 4 and
section 245D.07, subdivision 1a:
new text end
new text begin
(1) the scope of the services to be provided to support the person's daily needs
and activities;
new text end
new text begin
(2) the person's desired outcomes and the supports necessary to accomplish the
person's desired outcomes;
new text end
new text begin
(3) the person's preferences for how services and supports are provided;
new text end
new text begin
(4) whether the current service setting is the most integrated setting available and
appropriate for the person; and
new text end
new text begin
(5) how services must be coordinated across other providers licensed under this
chapter serving the person and members of the support team or expanded support team to
ensure continuity of care and coordination of services for the person.
new text end
Sec. 35.
Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4,
is amended to read:
Subd. 4.
Service outcomes and supports.
(a) Within ten working days of the
45-day new text begin planning new text end meeting, the license holder must develop deleted text begin and documentdeleted text end new text begin a service plan that
documentsnew text end the service outcomes and supports based on the assessments completed under
subdivision 3 and the requirements in section 245D.07, subdivision 1a. The outcomes and
supports must be included in the coordinated service and support plan addendum.
(b) The license holder must document the supports and methods to be implemented
to support the deleted text begin accomplishment ofdeleted text end new text begin person and accomplishnew text end outcomes related to acquiring,
retaining, or improving skillsnew text begin and physical, mental, and emotional health and well-beingnew text end .
The documentation must include:
(1) the methods or actions that will be used to support the person and to accomplish
the service outcomes, including information about:
(i) any changes or modifications to the physical and social environments necessary
when the service supports are provided;
(ii) any equipment and materials required; and
(iii) techniques that are consistent with the person's communication mode and
learning style;
(2) the measurable and observable criteria for identifying when the desired outcome
has been achieved and how data will be collected;
(3) the projected starting date for implementing the supports and methods and
the date by which progress towards accomplishing the outcomes will be reviewed and
evaluated; and
(4) the names of the staff or position responsible for implementing the supports
and methods.
(c) Within 20 working days of the 45-day meeting, the license holder must obtain
dated signatures from the person or the person's legal representative and case manager
to document completion and approval of the assessment and coordinated service and
support plan addendum.
Sec. 36.
Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 5,
is amended to read:
Subd. 5.
deleted text begin Progress reviewsdeleted text end new text begin Service plan review and evaluationnew text end .
(a) The license
holder must give the person or the person's legal representative and case manager an
opportunity to participate in the ongoing review and development of the new text begin service plan
and the new text end methods used to support the person and accomplish outcomes identified in
subdivisions 3 and 4. The license holder, in coordination with the person's support team
or expanded support team, must meet with the person, the person's legal representative,
and the case manager, and participate in deleted text begin progressdeleted text end new text begin service plannew text end review meetings following
stated timelines established in the person's coordinated service and support plan or
coordinated service and support plan addendum or within 30 days of a written request
by the person, the person's legal representative, or the case manager, at a minimum of
once per year.new text begin The purpose of the service plan review is to determine whether changes
are needed to the service plan based on the assessment information, the license holder's
evaluation of progress towards accomplishing outcomes, or other information provided by
the support team or expanded support team.
new text end
(b) The license holder must summarize the person's new text begin status and new text end progress toward
achieving the identified outcomes and make recommendations and identify the rationale
for changing, continuing, or discontinuing implementation of supports and methods
identified in subdivision 4 in a written report sent to the person or the person's legal
representative and case manager five working days prior to the review meeting, unless
the person, the person's legal representative, or the case manager requests to receive the
report at the time of the meeting.
(c) Within ten working days of the progress review meeting, the license holder
must obtain dated signatures from the person or the person's legal representative and
the case manager to document approval of any changes to the coordinated service and
support plan addendum.
Sec. 37.
Minnesota Statutes 2013 Supplement, section 245D.081, subdivision 2,
is amended to read:
Subd. 2.
Coordination and evaluation of individual service delivery.
(a) Delivery
and evaluation of services provided by the license holder must be coordinated by a
designated staff person. The designated coordinator must provide supervision, support,
and evaluation of activities that include:
(1) oversight of the license holder's responsibilities assigned in the person's
coordinated service and support plan and the coordinated service and support plan
addendum;
(2) taking the action necessary to facilitate the accomplishment of the outcomes
according to the requirements in section 245D.07;
(3) instruction and assistance to direct support staff implementing the coordinated
service and support plan and the service outcomes, including direct observation of service
delivery sufficient to assess staff competency; and
(4) evaluation of the effectiveness of service delivery, methodologies, and progress on
the person's outcomes based on the measurable and observable criteria for identifying when
the desired outcome has been achieved according to the requirements in section 245D.07.
(b) The license holder must ensure that the designated coordinator is competent to
perform the required duties identified in paragraph (a) through education deleted text begin anddeleted text end new text begin ,new text end training
deleted text begin in human services and disability-related fieldsdeleted text end , and work experience deleted text begin in providing direct
care services and supports to persons with disabilitiesdeleted text end new text begin relevant to the needs of the general
population of persons served by the license holder and the individual persons for whom
the designated coordinator is responsiblenew text end . The designated coordinator must have the
skills and ability necessary to develop effective plans and to design and use data systems
to measure effectiveness of services and supports. The license holder must verify and
document competence according to the requirements in section 245D.09, subdivision 3.
The designated coordinator must minimally have:
(1) a baccalaureate degree in a field related to human services, and one year of
full-time work experience providing direct care services to persons with disabilities or
persons age 65 and older;
(2) an associate degree in a field related to human services, and two years of
full-time work experience providing direct care services to persons with disabilities or
persons age 65 and older;
(3) a diploma in a field related to human services from an accredited postsecondary
institution and three years of full-time work experience providing direct care services to
persons with disabilities or persons age 65 and older; or
(4) a minimum of 50 hours of education and training related to human services
and disabilities; and
(5) four years of full-time work experience providing direct care services to persons
with disabilities or persons age 65 and older under the supervision of a staff person who
meets the qualifications identified in clauses (1) to (3).
Sec. 38.
Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 3, is
amended to read:
Subd. 3.
Staff qualifications.
(a) The license holder must ensure that staff providing
direct support, or staff who have responsibilities related to supervising or managing the
provision of direct support service, are competent as demonstrated through skills and
knowledge training, experience, and education to meet the person's needs and additional
requirements as written in the coordinated service and support plan or coordinated
service and support plan addendum, or when otherwise required by the case manager or
the federal waiver plan. The license holder must verify and maintain evidence of staff
competency, including documentation of:
(1) education and experience qualifications relevant to the job responsibilities
assigned to the staff and new text begin to new text end the needs of the general population of persons served by the
program, including a valid degree and transcript, or a current license, registration, or
certification, when a degree or licensure, registration, or certification is required by this
chapter or in the coordinated service and support plan or coordinated service and support
plan addendum;
(2) demonstrated competency in the orientation and training areas required under
this chapter, and when applicable, completion of continuing education required to
maintain professional licensure, registration, or certification requirements. Competency in
these areas is determined by the license holder through knowledge testing deleted text begin anddeleted text end new text begin ornew text end observed
skill assessment conducted by the trainer or instructor; and
(3) except for a license holder who is the sole direct support staff, periodic
performance evaluations completed by the license holder of the direct support staff
person's ability to perform the job functions based on direct observation.
(b) Staff under 18 years of age may not perform overnight duties or administer
medication.
Sec. 39.
Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a,
is amended to read:
Subd. 4a.
Orientation to individual service recipient needs.
(a) Before having
unsupervised direct contact with a person served by the program, or for whom the staff
person has not previously provided direct support, or any time the plans or procedures
identified in paragraphs (b) to deleted text begin (f)deleted text end new text begin (g)new text end are revised, the staff person must review and receive
instruction on the requirements in paragraphs (b) to deleted text begin (f)deleted text end new text begin (g)new text end as they relate to the staff
person's job functions for that person.
(b) Training and competency evaluations must include the following:
(1) appropriate and safe techniques in personal hygiene and grooming, including
hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of
daily living (ADLs) as defined under section 256B.0659, subdivision 1;
(2) an understanding of what constitutes a healthy diet according to data from the
Centers for Disease Control and Prevention and the skills necessary to prepare that diet;
(3) skills necessary to provide appropriate support in instrumental activities of daily
living (IADLs) as defined under section 256B.0659, subdivision 1; and
(4) demonstrated competence in providing first aid.
(c) The staff person must review and receive instruction on the person's coordinated
service and support plan or coordinated service and support plan addendum as it relates
to the responsibilities assigned to the license holder, and when applicable, the person's
individual abuse prevention plan, to achieve and demonstrate an understanding of the
person as a unique individual, and how to implement those plans.
(d) The staff person must review and receive instruction on medication new text begin setup,
assistance, or new text end administration procedures established for the person when deleted text begin medication
administration isdeleted text end assigned to the license holder according to section 245D.05, subdivision
1, paragraph (b). Unlicensed staff may deleted text begin administer medicationsdeleted text end new text begin perform medication setup
or medication administrationnew text end only after successful completion of a medication new text begin setup or
medication new text end administration training, from a training curriculum developed by a registered
nursedeleted text begin , clinical nurse specialist in psychiatric and mental health nursing, certified nurse
practitioner, physician's assistant, or physiciandeleted text end new text begin or appropriate licensed health professionalnew text end .
The training curriculum must incorporate an observed skill assessment conducted by the
trainer to ensure new text begin unlicensed new text end staff demonstrate the ability to safely and correctly follow
medication procedures.
Medication administration must be taught by a registered nurse, clinical nurse
specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of
service initiation or any time thereafter, the person has or develops a health care condition
that affects the service options available to the person because the condition requires:
(1) specialized or intensive medical or nursing supervision; and
(2) nonmedical service providers to adapt their services to accommodate the health
and safety needs of the person.
(e) The staff person must review and receive instruction on the safe and correct
operation of medical equipment used by the person to sustain life, including but not
limited to ventilators, feeding tubes, or endotracheal tubes. The training must be provided
by a licensed health care professional or a manufacturer's representative and incorporate
an observed skill assessment to ensure staff demonstrate the ability to safely and correctly
operate the equipment according to the treatment orders and the manufacturer's instructions.
(f) The staff person must review and receive instruction on what constitutes use of
restraints, time out, and seclusion, including chemical restraint, and staff responsibilities
related to the prohibitions of their use according to the requirements in section 245D.06,
subdivision 5 new text begin or successor provisionsnew text end , why such procedures are not effective for reducing
or eliminating symptoms or undesired behavior and why they are not safe, and the safe
and correct use of manual restraint on an emergency basis according to the requirements
in section 245D.061 new text begin or successor provisionsnew text end .
new text begin
(g) The staff person must review and receive instruction on mental health crisis
response, de-escalation techniques, and suicide intervention when providing direct support
to a person with a serious mental illness.
new text end
deleted text begin (g)deleted text end new text begin (h) new text end In the event of an emergency service initiation, the license holder must ensure
the training required in this subdivision occurs within 72 hours of the direct support staff
person first having unsupervised contact with the person receiving services. The license
holder must document the reason for the unplanned or emergency service initiation and
maintain the documentation in the person's service recipient record.
deleted text begin (h)deleted text end new text begin (i) new text end License holders who provide direct support services themselves must
complete the orientation required in subdivision 4, clauses (3) to (7).
Sec. 40.
Minnesota Statutes 2013 Supplement, section 245D.091, subdivision 2,
is amended to read:
Subd. 2.
Behavior professional qualifications.
A behavior professionalnew text begin providing
behavioral support services as identified in section 245D.03, subdivision 1, paragraph (c),
clause (1), item (i)new text end , deleted text begin as defined in the brain injury and community alternatives for disabled
individuals waiver plans or successor plans,deleted text end must have competencies in new text begin the following
new text end areas deleted text begin related todeleted text end new text begin as required under the brain injury and community alternatives for disabled
individuals waiver plans or successor plansnew text end :
(1) ethical considerations;
(2) functional assessment;
(3) functional analysis;
(4) measurement of behavior and interpretation of data;
(5) selecting intervention outcomes and strategies;
(6) behavior reduction and elimination strategies that promote least restrictive
approved alternatives;
(7) data collection;
(8) staff and caregiver training;
(9) support plan monitoring;
(10) co-occurring mental disorders or neurocognitive disorder;
(11) demonstrated expertise with populations being served; and
(12) must be a:
(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the
Board of Psychology competencies in the above identified areas;
(ii) clinical social worker licensed as an independent clinical social worker under
chapter 148D, or a person with a master's degree in social work from an accredited college
or university, with at least 4,000 hours of post-master's supervised experience in the
delivery of clinical services in the areas identified in clauses (1) to (11);
(iii) physician licensed under chapter 147 and certified by the American Board
of Psychiatry and Neurology or eligible for board certification in psychiatry with
competencies in the areas identified in clauses (1) to (11);
(iv) licensed professional clinical counselor licensed under sections 148B.29 to
148B.39 with at least 4,000 hours of post-master's supervised experience in the delivery
of clinical services who has demonstrated competencies in the areas identified in clauses
(1) to (11);
(v) person with a master's degree from an accredited college or university in one
of the behavioral sciences or related fields, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services with demonstrated competencies
in the areas identified in clauses (1) to (11); or
(vi) registered nurse who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
mental health nursing by a national nurse certification organization, or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services.
Sec. 41.
Minnesota Statutes 2013 Supplement, section 245D.091, subdivision 3,
is amended to read:
Subd. 3.
Behavior analyst qualifications.
(a) A behavior analystnew text begin providing
behavioral support services as identified in section 245D.03, subdivision 1, paragraph
(c), clause (1), item (i)new text end , deleted text begin as defined in the brain injury and community alternatives for
disabled individuals waiver plans or successor plans,deleted text end mustnew text begin have competencies in the
following areas as required under the brain injury and community alternatives for disabled
individuals waiver plans or successor plansnew text end :
(1) have obtained a baccalaureate degree, master's degree, or PhD in a social services
discipline; or
(2) meet the qualifications of a mental health practitioner as defined in section
245.462, subdivision 17.
(b) In addition, a behavior analyst must:
(1) have four years of supervised experience working with individuals who exhibit
challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder;
(2) have received ten hours of instruction in functional assessment and functional
analysis;
(3) have received 20 hours of instruction in the understanding of the function of
behavior;
(4) have received ten hours of instruction on design of positive practices behavior
support strategies;
(5) have received 20 hours of instruction on the use of behavior reduction approved
strategies used only in combination with behavior positive practices strategies;
(6) be determined by a behavior professional to have the training and prerequisite
skills required to provide positive practice strategies as well as behavior reduction
approved and permitted intervention to the person who receives behavioral support; and
(7) be under the direct supervision of a behavior professional.
Sec. 42.
Minnesota Statutes 2013 Supplement, section 245D.091, subdivision 4,
is amended to read:
Subd. 4.
Behavior specialist qualifications.
(a) A behavior specialistnew text begin providing
behavioral support services as identified in section 245D.03, subdivision 1, paragraph (c),
clause (1), item (i)new text end , deleted text begin as defined in the brain injury and community alternatives for disabled
individuals waiver plans or successor plans,deleted text end must deleted text begin meet the following qualificationsdeleted text end new text begin have
competencies in the following areas as required under the brain injury and community
alternatives for disabled individuals waiver plans or successor plansnew text end :
(1) have an associate's degree in a social services discipline; or
(2) have two years of supervised experience working with individuals who exhibit
challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder.
(b) In addition, a behavior specialist must:
(1) have received a minimum of four hours of training in functional assessment;
(2) have received 20 hours of instruction in the understanding of the function of
behavior;
(3) have received ten hours of instruction on design of positive practices behavioral
support strategies;
(4) be determined by a behavior professional to have the training and prerequisite
skills required to provide positive practices strategies as well as behavior reduction
approved intervention to the person who receives behavioral support; and
(5) be under the direct supervision of a behavior professional.
Sec. 43.
Minnesota Statutes 2013 Supplement, section 245D.10, subdivision 3, is
amended to read:
Subd. 3.
Service suspension and service termination.
(a) The license holder must
establish policies and procedures for temporary service suspension and service termination
that promote continuity of care and service coordination with the person and the case
manager and with other licensed caregivers, if any, who also provide support to the person.
(b) The policy must include the following requirements:
(1) the license holder must notify the person or the person's legal representative and
case manager in writing of the intended termination or temporary service suspension, and
the person's right to seek a temporary order staying the termination of service according to
the procedures in section 256.045, subdivision 4a, or 6, paragraph (c);
(2) notice of the proposed termination of services, including those situations that
began with a temporary service suspension, must be given at least 60 days before the
proposed termination is to become effective when a license holder is providing intensive
supports and services identified in section 245D.03, subdivision 1, paragraph (c), and 30
days prior to termination for all other services licensed under this chapternew text begin . This notice
may be given in conjunction with a notice of temporary service suspensionnew text end ;
new text begin
(3) notice of temporary service suspension must be given on the first day of the
service suspension;
new text end
deleted text begin (3)deleted text end new text begin (4)new text end the license holder must provide information requested by the person or case
manager when services are temporarily suspended or upon notice of termination;
deleted text begin (4)deleted text end new text begin (5)new text end prior to giving notice of service termination or temporary service suspension,
the license holder must document actions taken to minimize or eliminate the need for
service suspension or termination;
deleted text begin (5)deleted text end new text begin (6)new text end during the temporary service suspension or service termination notice period,
the license holder deleted text begin willdeleted text end new text begin mustnew text end work with the deleted text begin appropriate county agencydeleted text end new text begin support team or
expanded support teamnew text end to develop reasonable alternatives to protect the person and others;
deleted text begin (6)deleted text end new text begin (7)new text end the license holder must maintain information about the service suspension or
termination, including the written termination notice, in the service recipient record; and
deleted text begin (7)deleted text end new text begin (8)new text end the license holder must restrict temporary service suspension to situations in
which the person's conduct poses an imminent risk of physical harm to self or others and
less restrictive or positive support strategies would not achieve new text begin and maintain new text end safety.
Sec. 44.
Minnesota Statutes 2013 Supplement, section 245D.10, subdivision 4, is
amended to read:
Subd. 4.
Availability of current written policies and procedures.
(a) The license
holder must review and update, as needed, the written policies and procedures required
under this chapter.
(b) (1) The license holder must inform the person and case manager of the policies
and procedures affecting a person's rights under section 245D.04, and provide copies of
those policies and procedures, within five working days of service initiation.
(2) If a license holder only provides basic services and supports, this includes the:
(i) grievance policy and procedure required under subdivision 2; and
(ii) service suspension and termination policy and procedure required under
subdivision 3.
(3) For all other license holders this includes the:
(i) policies and procedures in clause (2);
(ii) emergency use of manual restraints policy and procedure required under section
245D.061, subdivision 10new text begin , or successor provisionsnew text end ; and
(iii) data privacy requirements under section 245D.11, subdivision 3.
(c) The license holder must provide a written notice to all persons or their legal
representatives and case managers at least 30 days before implementing any procedural
revisions to policies affecting a person's service-related or protection-related rights under
section 245D.04 and maltreatment reporting policies and procedures. The notice must
explain the revision that was made and include a copy of the revised policy and procedure.
The license holder must document the reasonable cause for not providing the notice at
least 30 days before implementing the revisions.
(d) Before implementing revisions to required policies and procedures, the license
holder must inform all employees of the revisions and provide training on implementation
of the revised policies and procedures.
(e) The license holder must annually notify all persons, or their legal representatives,
and case managers of any procedural revisions to policies required under this chapter,
other than those in paragraph (c). Upon request, the license holder must provide the
person, or the person's legal representative, and case manager with copies of the revised
policies and procedures.
Sec. 45.
Minnesota Statutes 2013 Supplement, section 245D.11, subdivision 2, is
amended to read:
Subd. 2.
Health and safety.
The license holder must establish policies and
procedures that promote health and safety by ensuring:
(1) use of universal precautions and sanitary practices in compliance with section
245D.06, subdivision 2, clause (5);
(2) if the license holder operates a residential program, health service coordination
and care according to the requirements in section 245D.05, subdivision 1;
(3) safe medication assistance and administration according to the requirements
in sections 245D.05, subdivisions 1a, 2, and 5, and 245D.051, that are established in
consultation with a registered nurse, nurse practitioner, physician's assistant, or medical
doctor and require completion of medication administration training according to the
requirements in section 245D.09, subdivision 4a, paragraph (d). Medication assistance
and administration includes, but is not limited to:
(i) providing medication-related services for a person;
(ii) medication setup;
(iii) medication administration;
(iv) medication storage and security;
(v) medication documentation and charting;
(vi) verification and monitoring of effectiveness of systems to ensure safe medication
handling and administration;
(vii) coordination of medication refills;
(viii) handling changes to prescriptions and implementation of those changes;
(ix) communicating with the pharmacy; and
(x) coordination and communication with prescriber;
(4) safe transportation, when the license holder is responsible for transportation of
persons, with provisions for handling emergency situations according to the requirements
in section 245D.06, subdivision 2, clauses (2) to (4);
(5) a plan for ensuring the safety of persons served by the program in emergencies as
defined in section 245D.02, subdivision 8, and procedures for staff to report emergencies
to the license holder. A license holder with a community residential setting or a day service
facility license must ensure the policy and procedures comply with the requirements in
section 245D.22, subdivision 4;
(6) a plan for responding to all incidents as defined in section 245D.02, subdivision
11; and reporting all incidents required to be reported according to section 245D.06,
subdivision 1. The plan must:
(i) provide the contact information of a source of emergency medical care and
transportation; and
(ii) require staff to first call 911 when the staff believes a medical emergency may
be life threatening, or to call the mental health crisis intervention team new text begin or similar mental
health response team or service when such a team is available and appropriate new text end when the
person is experiencing a mental health crisis; and
(7) a procedure for the review of incidents and emergencies to identify trends or
patterns, and corrective action if needed. The license holder must establish and maintain
a record-keeping system for the incident and emergency reports. Each incident and
emergency report file must contain a written summary of the incident. The license holder
must conduct a review of incident reports for identification of incident patterns, and
implementation of corrective action as necessary to reduce occurrences. Each incident
report must include:
(i) the name of the person or persons involved in the incident. It is not necessary
to identify all persons affected by or involved in an emergency unless the emergency
resulted in an incident;
(ii) the date, time, and location of the incident or emergency;
(iii) a description of the incident or emergency;
(iv) a description of the response to the incident or emergency and whether a person's
coordinated service and support plan addendum or program policies and procedures were
implemented as applicable;
(v) the name of the staff person or persons who responded to the incident or
emergency; and
(vi) the determination of whether corrective action is necessary based on the results
of the review.
Sec. 46.
Minnesota Statutes 2012, section 252.27, is amended by adding a subdivision
to read:
new text begin Subd. 2d. new text end
new text begin Fees limited. new text end
new text begin
Effective January 1, 2015, to December 31, 2015, the fee
a parent is required to contribute to the cost of services under medical assistance for an
individual child shall not exceed the maximum insurance premium charged in Minnesota
under the federal Patient Protection and Affordable Care Act, Public Law 111-148, as
amended, for a child-only policy for a child with the same amount of income, plus a $500
annual deductible, or the current parent fee under subdivision 2a, whichever is less.
new text end
Sec. 47.
Minnesota Statutes 2012, section 252.451, subdivision 2, is amended to read:
Subd. 2.
Vendor participation and reimbursement.
Notwithstanding requirements
in deleted text begin chapterdeleted text end new text begin chaptersnew text end 245Anew text begin and 245Dnew text end , and sections 252.28, 252.40 to 252.46, and 256B.501,
vendors of day training and habilitation services may enter into written agreements with
qualified businesses to provide additional training and supervision needed by individuals
to maintain their employment.
Sec. 48.
Minnesota Statutes 2012, section 256.9752, subdivision 2, is amended to read:
Subd. 2.
Authority.
The Minnesota Board on Aging shall allocate to area agencies
on aging thenew text begin state andnew text end federal funds which are received for the senior nutrition programs
of congregate dining and home-delivered meals in a manner consistent with federal
requirements.
Sec. 49.
Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 4,
is amended to read:
Subd. 4.
Diagnosis.
(a) A diagnosis must:
(1) be based upon current DSM criteria including direct observations of the child
and reports from parents or primary caregivers; and
(2) be completed by deleted text begin bothdeleted text end new text begin either (i)new text end a licensed physician or advanced practice
registered nurse deleted text begin anddeleted text end new text begin or (ii)new text end a mental health professional.
(b) Additional diagnostic assessment information may be considered including from
special education evaluations and licensed school personnel, and from professionals
licensed in the fields of medicine, speech and language, psychology, occupational therapy,
and physical therapy.
deleted text begin
(c) If the commissioner determines there are access problems or delays in diagnosis
for a geographic area due to the lack of qualified professionals, the commissioner shall
waive the requirement in paragraph (a), clause (2), for two professionals and allow a
diagnosis to be made by one professional for that geographic area. This exception must be
limited to a specific period of time until, with stakeholder input as described in subdivision
8, there is a determination of an adequate number of professionals available to require two
professionals for each diagnosis.
deleted text end
Sec. 50.
Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 11,
is amended to read:
Subd. 11.
Federal approval of the autism benefit.
new text begin (a) new text end The provisions of
deleted text begin subdivision 9deleted text end new text begin this sectionnew text end shall apply to state plan services under title XIX of the Social
Security Act when federal approval is granted under a 1915(i) waiver or other authority
which allows children eligible for medical assistance through the TEFRA option under
section 256B.055, subdivision 12, to qualify and includes children eligible for medical
assistance in families over 150 percent of the federal poverty guidelines.
new text begin
(b) The commissioner may decide to use the federal authority for a Medicaid state
plan amendment under early and periodic screening, diagnosis, and treatment (EPSDT),
United States Code, title 42, section 1396D(R)(5), or other Medicaid provision for any
aspect or type of treatment covered in this section if new federal guidance is helpful
in achieving one or more of the purposes of this section in a cost-effective manner.
Any treatment services submitted for federal approval under EPSDT shall include
appropriate medical criteria to qualify for the service and cover children through age 20
notwithstanding subdivision 2, paragraph (c).
new text end
Sec. 51.
Minnesota Statutes 2012, section 256B.431, is amended by adding a
subdivision to read:
new text begin Subd. 46. new text end
new text begin
Rate increase for facilities in Mille Lacs, Isanti, and Kanabec Counties.
new text end
new text begin
(a) Effective July 1, 2015, the operating payment rates of nursing facilities in Mille Lacs,
Isanti, and Kanabec Counties that are reimbursed under this section, section 256B.434, or
section 256B.441, shall be increased to be equal, for a resource utilization group rate with
a weight of 1.00, to the geographic group III median rate for the same resource utilization
group weight. The calculations under this subdivision shall be added to the rates before
any other operating payment rate adjustments effective on July 1, 2015, are computed.
The percentage of the operating payment rates to be case-mix adjusted shall be equal to
the percentage that is case-mix adjusted in the June 30, 2015, operating payment rates.
new text end
new text begin
(b) Seventy-five percent of the money resulting from the rate adjustment under
paragraph (a) must be used for increases in compensation-related costs for employees
directly employed by the nursing facility on or after the effective date of the rate
adjustment, except:
new text end
new text begin
(1) the administrator;
new text end
new text begin
(2) persons employed in the central office of a corporation that has an ownership
interest in the nursing facility or exercises control over the nursing facility; and
new text end
new text begin
(3) persons paid by the nursing facility under a management contract.
new text end
new text begin
(c) The commissioner shall allow as compensation-related costs all costs for:
new text end
new text begin
(1) wage and salary increases effective after May 25, 2015;
new text end
new text begin
(2) the employer's share of FICA taxes, Medicare taxes, state and federal
unemployment taxes, and workers' compensation;
new text end
new text begin
(3) the employer's share of health and dental insurance, life insurance, disability
insurance, long-term care insurance, uniform allowance, and pensions; and
new text end
new text begin
(4) other benefits provided and workforce needs, including the recruiting and
training of employees, subject to the approval of the commissioner.
new text end
new text begin
(d) The portion of the rate adjustment under paragraph (a) that is not subject to the
requirements of paragraph (b) shall be provided to nursing facilities effective July 1, 2015.
Nursing facilities may apply for the portion of the rate adjustment under paragraph (a)
that is subject to the requirements of paragraph (b). The application must be submitted
to the commissioner within six months of the effective date of the rate adjustment, and
the nursing facility must provide additional information required by the commissioner
within nine months of the effective date of the rate adjustment. The commissioner must
respond to all applications within three weeks of receipt. The commissioner may waive
the deadlines in the paragraph under extraordinary circumstances, to be determined at the
sole discretion of the commissioner. The application must contain:
new text end
new text begin
(1) an estimate of the amounts of money that must be used as specified in paragraph
(b);
new text end
new text begin
(2) a detailed distribution plan specifying the allowable compensation-related
increases the nursing facility will implement to use the funds available in clause (1);
new text end
new text begin
(3) a description of how the nursing facility will notify eligible employees of
the contents of the approved application, which must provide for giving each eligible
employee a copy of the approved application, excluding the information required in clause
(1), or posting a copy of the approved application, excluding the information required in
clause (1), for a period of at least six weeks in an area of the nursing facility to which all
eligible employees have access; and
new text end
new text begin
(4) instructions for employees who believe they have not received the
compensation-related increases specified in clause (2), as approved by the commissioner,
and which must include a mailing address, an e-mail address, and the telephone number
that may be used by the employee to contact the commissioner or the commissioner's
representative.
new text end
new text begin
(e) The commissioner shall ensure that cost increases in distribution plans under
paragraph (d), clause (2), that may be included in approved applications comply with the
following requirements:
new text end
new text begin
(1) a portion of the costs resulting from tenure-related wage or salary increases
may be considered to be allowable wage increases, according to formulas that the
commissioner shall provide, where employee retention is above the average statewide
rate of retention of direct-care employees;
new text end
new text begin
(2) the annualized amount of increases in costs for the employer's share of health
and dental insurance, life insurance, disability insurance, and workers' compensation
shall be allowable compensation-related increases if they are effective on or after April
1, 2015, and prior to April 1, 2016; and
new text end
new text begin
(3) for nursing facilities in which employees are represented by an exclusive
bargaining representative, the commissioner shall approve the application only upon
receipt of a letter of acceptance of the distribution plan, in regard to members of the
bargaining unit, signed by the exclusive bargaining agent and dated after May 25, 2015.
Upon receipt of the letter of acceptance, the commissioner shall deem all requirements of
this provision as having been met in regard to the members of the bargaining unit.
new text end
new text begin
(f) The commissioner shall review applications received under paragraph (d) and
shall provide the portion of the rate adjustment under paragraph (b) if the requirements
of this subdivision have been met. The rate adjustment shall be effective July 1, 2015.
Notwithstanding paragraph (a), if the approved application distributes less money than is
available, the amount of the rate adjustment shall be reduced so that the amount of money
made available is equal to the amount to be distributed.
new text end
new text begin
(g) The increase in this subdivision shall be applied as a percentage to operating
payment rates in effect on June 30, 2015. For each facility the commissioner shall
determine the operating payment rate, not including any rate components resulting from
equitable cost-sharing for publicly owned nursing facility program participation under
section 256B.441, subdivision 55a, or performance-based incentive payment program
participation under section 256B.434, subdivision 4, paragraph (d), for a resource
utilization group class with a weight of 1.00 in effect on June 30, 2015.
new text end
Sec. 52.
Minnesota Statutes 2012, section 256B.434, is amended by adding a
subdivision to read:
new text begin Subd. 19c. new text end
new text begin Nursing facility rate adjustments beginning July 1, 2015. new text end
new text begin
(a)
Beginning July 1, 2015, the commissioner shall make available to each nursing facility
reimbursed under this section a 5 percent operating payment rate increase, in accordance
with paragraphs (b) to (g).
new text end
new text begin
(b) Seventy-five percent of the money resulting from the rate adjustment under
paragraph (a) must be used for increases in compensation-related costs for employees
directly employed by the nursing facility on or after the effective date of the rate
adjustment, except:
new text end
new text begin
(1) the administrator;
new text end
new text begin
(2) persons employed in the central office of a corporation that has an ownership
interest in the nursing facility or exercises control over the nursing facility; and
new text end
new text begin
(3) persons paid by the nursing facility under a management contract.
new text end
new text begin
(c) The commissioner shall allow as compensation-related costs all costs for:
new text end
new text begin
(1) wage and salary increases effective after May 25, 2015;
new text end
new text begin
(2) the employer's share of FICA taxes, Medicare taxes, state and federal
unemployment taxes, and workers' compensation;
new text end
new text begin
(3) the employer's share of health and dental insurance, life insurance, disability
insurance, long-term care insurance, uniform allowance, and pensions; and
new text end
new text begin
(4) other benefits provided and workforce needs, including the recruiting and
training of employees, subject to the approval of the commissioner.
new text end
new text begin
(d) The portion of the rate adjustment under paragraph (a) that is not subject to the
requirements of paragraph (b) shall be provided to nursing facilities effective July 1, 2015.
Nursing facilities may apply for the portion of the rate adjustment under paragraph (a)
that is subject to the requirements in paragraph (b). The application must be submitted
to the commissioner within six months of the effective date of the rate adjustment, and
the nursing facility must provide additional information required by the commissioner
within nine months of the effective date of the rate adjustment. The commissioner must
respond to all applications within three weeks of receipt. The commissioner may waive
the deadlines in this paragraph under extraordinary circumstances, to be determined at the
sole discretion of the commissioner. The application must contain:
new text end
new text begin
(1) an estimate of the amounts of money that must be used as specified in paragraph
(b);
new text end
new text begin
(2) a detailed distribution plan specifying the allowable compensation-related
increases the nursing facility will implement to use the funds available in clause (1);
new text end
new text begin
(3) a description of how the nursing facility will notify eligible employees of
the contents of the approved application, which must provide for giving each eligible
employee a copy of the approved application, excluding the information required in clause
(1), or posting a copy of the approved application, excluding the information required in
clause (1), for a period of at least six weeks in an area of the nursing facility to which all
eligible employees have access; and
new text end
new text begin
(4) instructions for employees who believe they have not received the
compensation-related increases specified in clause (2), as approved by the commissioner,
and which must include a mailing address, e-mail address, and the telephone number
that may be used by the employee to contact the commissioner or the commissioner's
representative.
new text end
new text begin
(e) The commissioner shall ensure that cost increases in distribution plans under
paragraph (d), clause (2), that may be included in approved applications, comply with the
following requirements:
new text end
new text begin
(1) a portion of the costs resulting from tenure-related wage or salary increases
may be considered to be allowable wage increases, according to formulas that the
commissioner shall provide, where employee retention is above the average statewide
rate of retention of direct-care employees;
new text end
new text begin
(2) the annualized amount of increases in costs for the employer's share of health
and dental insurance, life insurance, disability insurance, and workers' compensation
shall be allowable compensation-related increases if they are effective on or after April
1, 2015, and prior to April 1, 2016; and
new text end
new text begin
(3) for nursing facilities in which employees are represented by an exclusive
bargaining representative, the commissioner shall approve the application only upon
receipt of a letter of acceptance of the distribution plan, in regard to members of the
bargaining unit, signed by the exclusive bargaining agent and dated after May 25, 2015.
new text end
new text begin
Upon receipt of the letter of acceptance, the commissioner shall deem all requirements of
this provision as having been met in regard to the members of the bargaining unit.
new text end
new text begin
(f) The commissioner shall review applications received under paragraph (d) and
shall provide the portion of the rate adjustment under paragraph (b) if the requirements
of this statute have been met. The rate adjustment shall be effective October 1, 2015.
Notwithstanding paragraph (a), if the approved application distributes less money than is
available, the amount of the rate adjustment shall be reduced so that the amount of money
made available is equal to the amount to be distributed.
new text end
new text begin
(g) The increase in this subdivision shall be applied as a percentage to operating
payment rates in effect on June 30, 2015. For each facility, the commissioner shall
determine the operating payment rate, not including any rate components resulting from
equitable cost-sharing for publicly owned nursing facility program participation under
section 256B.441, subdivision 55a, critical access nursing facility program participation
under section 256B.441, subdivision 63, or performance-based incentive payment
program participation under subdivision 4, paragraph (d), for a RUG class with a weight
of 1.00 in effect on June 30, 2015.
new text end
Sec. 53.
Minnesota Statutes 2013 Supplement, section 256B.439, subdivision 1,
is amended to read:
Subdivision 1.
Development and implementation of quality profiles.
(a) The
commissioner of human services, in cooperation with the commissioner of health, shall
develop and implement quality profiles for nursing facilities and, beginning not later than
July 1, 2014, for home and community-based services providers, except when the quality
profile system would duplicate requirements under section 256B.5011, 256B.5012, or
256B.5013. For purposes of this section, home and community-based services providers
are defined as providers of home and community-based services under sections new text begin 256B.0625,
subdivisions 6a, 7, and 19a; new text end 256B.0913deleted text begin ,deleted text end new text begin ;new text end 256B.0915deleted text begin ,deleted text end new text begin ;new text end 256B.092deleted text begin , anddeleted text end new text begin ;new text end 256B.49deleted text begin ,deleted text end new text begin ; and
256B.85,new text end and intermediate care facilities for persons with developmental disabilities
providers under section 256B.5013. To the extent possible, quality profiles must be
developed for providers of services to older adults and people with disabilities, regardless
of payor source, for the purposes of providing information to consumers. The quality
profiles must be developed using existing data sets maintained by the commissioners of
health and human services to the extent possible. The profiles must incorporate or be
coordinated with information on quality maintained by area agencies on aging, long-term
care trade associations, the ombudsman offices, counties, tribes, health plans, and other
entities and the long-term care database maintained under section 256.975, subdivision 7.
The profiles must be designed to provide information on quality to:
(1) consumers and their families to facilitate informed choices of service providers;
(2) providers to enable them to measure the results of their quality improvement
efforts and compare quality achievements with other service providers; and
(3) public and private purchasers of long-term care services to enable them to
purchase high-quality care.
(b) The profiles must be developed in consultation with the long-term care task
force, area agencies on aging, and representatives of consumers, providers, and labor
unions. Within the limits of available appropriations, the commissioners may employ
consultants to assist with this project.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from February 1, 2014.
new text end
Sec. 54.
Minnesota Statutes 2013 Supplement, section 256B.439, subdivision 7,
is amended to read:
Subd. 7.
Calculation of home and community-based services quality add-on.
deleted text begin Effectivedeleted text end new text begin Onnew text end July 1, 2015, the commissioner shall determine the quality add-onnew text begin rate
change and adjustnew text end paymentnew text begin ratesnew text end for deleted text begin participatingdeleted text end new text begin allnew text end home and community-based services
providersnew text begin for services rendered on or after that date. The adjustment to a provider payment
rate determined under this subdivision shall become part of the ongoing rate paid to that
providernew text end . The payment rate for the quality add-on shall be a variable amount based on
each provider's quality score as determined in subdivisions 1 and 2a. new text begin All home and
community-based services providers shall receive a minimum rate increase under this
subdivision. In addition to a minimum rate increase, a home and community-based
services provider shall receive a quality add-on payment. new text end The commissioner shall limit
the types of home and community-based services providers that may receive the quality
add-on deleted text begin anddeleted text end new text begin based on availability of quality measures and outcome data. The commissioner
shall limitnew text end the amount of the new text begin minimum rate increase and new text end quality add-on payments to
deleted text begin operate the quality add-on within funds appropriated for this purpose and based on the
availability of the quality measuresdeleted text end new text begin the equivalent of a one percent rate increase for all
home and community-based services providersnew text end .
Sec. 55.
Minnesota Statutes 2013 Supplement, section 256B.441, subdivision 53,
is amended to read:
Subd. 53.
Calculation of payment rate for external fixed costs.
The commissioner
shall calculate a payment rate for external fixed costs.
(a) For a facility licensed as a nursing home, the portion related to section 256.9657
shall be equal to $8.86. For a facility licensed as both a nursing home and a boarding care
home, the portion related to section 256.9657 shall be equal to $8.86 multiplied by the
result of its number of nursing home beds divided by its total number of licensed beds.
(b) The portion related to the licensure fee under section 144.122, paragraph (d),
shall be the amount of the fee divided by actual resident days.
(c) The portion related to scholarships shall be determined under section 256B.431,
subdivision 36.
(d) Until September 30, 2013, the portion related to long-term care consultation shall
be determined according to section 256B.0911, subdivision 6.
(e) The portion related to development and education of resident and family advisory
councils under section 144A.33 shall be $5 divided by 365.
(f) The portion related to planned closure rate adjustments shall be as determined
under section 256B.437, subdivision 6, and Minnesota Statutes 2010, section 256B.436.
Planned closure rate adjustments that take effect before October 1, 2014, shall no longer
be included in the payment rate for external fixed costs beginning October 1, 2016.
Planned closure rate adjustments that take effect on or after October 1, 2014, shall no
longer be included in the payment rate for external fixed costs beginning on October 1 of
the first year not less than two years after their effective date.
(g) The portions related to property insurance, real estate taxes, special assessments,
and payments made in lieu of real estate taxes directly identified or allocated to the nursing
facility shall be the actual amounts divided by actual resident days.
(h) The portion related to the Public Employees Retirement Association shall be
actual costs divided by resident days.
(i) The single bed room incentives shall be as determined under section 256B.431,
subdivision 42. Single bed room incentives that take effect before October 1, 2014, shall
no longer be included in the payment rate for external fixed costs beginning October 1,
2016. Single bed room incentives that take effect on or after October 1, 2014, shall no
longer be included in the payment rate for external fixed costs beginning on October 1 of
the first year not less than two years after their effective date.
(j) new text begin The portion related to the rate adjustment shall be as provided in subdivision 64.
new text end
new text begin (k) new text end The payment rate for external fixed costs shall be the sum of the amounts in
paragraphs (a) to deleted text begin (i)deleted text end new text begin (j)new text end .
Sec. 56.
Minnesota Statutes 2012, section 256B.441, is amended by adding a
subdivision to read:
new text begin Subd. 64. new text end
new text begin Rate adjustment for compensation-related costs. new text end
new text begin
(a) Total payment
rates of all nursing facilities that are reimbursed under this section or section 256B.434
shall be increased effective October 1, 2014, to address compensation costs for nursing
facility employees paid less than $14.00 per hour.
new text end
new text begin
(b) Based on the application in paragraph (d), the commissioner shall calculate
the annualized compensation costs by adding the totals of clauses (1), (2), and (3). The
result must be divided by the resident days from the most recently available cost report to
determine a per diem amount, which must be included in the external fixed cost portion of
the total payment rate under subdivision 53:
new text end
new text begin
(1) the sum of the difference between $9.50 and any hourly wage rate of less than
$9.50, multiplied by the number of compensated hours at that wage rate;
new text end
new text begin
(2) the sum of items (i) to (viii):
new text end
new text begin
(i) for all compensated hours from $8.00 to $8.49 per hour, the number of
compensated hours is multiplied by $0.13;
new text end
new text begin
(ii) for all compensated hours from $8.50 to $8.99 per hour, the number of
compensated hours is multiplied by $0.25;
new text end
new text begin
(iii) for all compensated hours from $9.00 to $9.49 per hour, the number of
compensated hours is multiplied by $0.38;
new text end
new text begin
(iv) for all compensated hours from $9.50 to $10.49 per hour, the number of
compensated hours is multiplied by $0.50;
new text end
new text begin
(v) for all compensated hours from $10.50 to $10.99 per hour, the number of
compensated hours is multiplied by $0.40;
new text end
new text begin
(vi) for all compensated hours from $11.00 to $11.49 per hour, the number of
compensated hours is multiplied by $0.30;
new text end
new text begin
(vii) for all compensated hours from $11.50 to $11.99 per hour, the number of
compensated hours is multiplied by $0.20; and
new text end
new text begin
(viii) for all compensated hours from $12.00 to $13.00 per hour, the number of
compensated hours is multiplied by $0.10; and
new text end
new text begin
(3) the sum of the employer's share of FICA taxes, Medicare taxes, state and federal
unemployment taxes, workers' compensation, pensions, and contributions to employee
retirement accounts attributable to the amounts in clauses (1) and (2).
new text end
new text begin
(c) For the rate year beginning October 1, 2014, nursing facilities that receive
approval of the application in paragraph (d) must receive a rate adjustment according to
paragraph (b). The rate adjustment must be used to pay compensation costs for nursing
facility employees paid less than $14.00 per hour. The rate adjustment must continue to
be included in the total payment rate in subsequent years.
new text end
new text begin
(d) To receive a rate adjustment, nursing facilities must submit an application to the
commissioner in a form and manner determined by the commissioner. The application
shall include data for a period beginning with the first pay period after January 1, 2014,
including at least three months of employee compensated hours by wage rate, and a
spending plan that describes how the funds from the rate adjustment will be allocated
for compensation to employees paid less than $14.00 per hour. The application must
be submitted by December 31, 2014. The commissioner may request any additional
information needed to determine the rate adjustment within three weeks of receiving
a complete application. The nursing facility must provide any additional information
requested by the commissioner by March 31, 2015. The commissioner may waive the
deadlines in this subdivision under extraordinary circumstances.
new text end
new text begin
(e) For nursing facilities in which employees are represented by an exclusive
bargaining representative, the commissioner shall approve the application submitted under
this subdivision only upon receipt of a letter of acceptance of the spending plan in regard
to members of the bargaining unit, signed by the exclusive bargaining agent and dated
after May 31, 2014. Upon receipt of the letter of acceptance, the commissioner shall
deem all requirements of this subdivision as having been met in regard to the members of
the bargaining unit.
new text end
Sec. 57.
Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 1,
is amended to read:
Subdivision 1.
Provider qualifications.
(a) For the home and community-based
waivers providing services to seniors and individuals with disabilities under sections
256B.0913, 256B.0915, 256B.092, and 256B.49, the commissioner shall establish:
(1) agreements with enrolled waiver service providers to ensure providers meet
Minnesota health care program requirements;
(2) regular reviews of provider qualifications, and including requests of proof of
documentation; and
(3) processes to gather the necessary information to determine provider qualifications.
(b) Beginning July 1, 2012, staff that provide direct contact, as defined in section
245C.02, subdivision 11, for services specified in the federally approved waiver plans
must meet the requirements of chapter 245C prior to providing waiver services and as
part of ongoing enrollment. Upon federal approval, this requirement must also apply to
consumer-directed community supports.
(c) Beginning January 1, 2014, service owners and managerial officials overseeing
the management or policies of services that provide direct contact as specified in the
federally approved waiver plans must meet the requirements of chapter 245C prior to
reenrollment new text begin or revalidation new text end or, for new providers, prior to initial enrollment if they have
not already done so as a part of service licensure requirements.
Sec. 58.
Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
WITH DISABILITIES.
new text begin Subdivision 1. new text end
new text begin Home and community-based waivers. new text end
(a) Individuals receiving
services under a home and community-based waiver under section 256B.092 or 256B.49
may receive services in the following settings:
(1) an individual's own home or family home;
(2) a licensed adult foster care or child foster care setting of up to five people; and
(3) community living settings as defined in section 256B.49, subdivision 23, where
individuals with disabilities new text begin who are receiving services under a home and community-based
waiver new text end may reside in all of the units in a building of four or fewer units, and no more than
the greater of four or 25 percent of the units in a multifamily building of more than four
units, unless required by the Housing Opportunities for Persons with AIDS Program.
(b) The settings in paragraph (a) must not:
(1) be located in a building that is a publicly or privately operated facility that
provides institutional treatment or custodial care;
(2) be located in a building on the grounds of or adjacent to a public or private
institution;
(3) be a housing complex designed expressly around an individual's diagnosis or
disability, unless required by the Housing Opportunities for Persons with AIDS Program;
(4) be segregated based on a disability, either physically or because of setting
characteristics, from the larger community; and
(5) have the qualities of an institution which include, but are not limited to:
regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
agreed to and documented in the person's individual service plan shall not result in a
residence having the qualities of an institution as long as the restrictions for the person are
not imposed upon others in the same residence and are the least restrictive alternative,
imposed for the shortest possible time to meet the person's needs.
(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
individuals new text begin with disabilitiesnew text end receive services under a home and community-based waiver
as of July 1, 2012, and the setting does not meet the criteria of this section.
(d) Notwithstanding paragraph (c), a program in Hennepin County established as
part of a Hennepin County demonstration project is qualified for the exception allowed
under paragraph (c).
(e) The commissioner shall submit an amendment to the waiver plan no later than
December 31, 2012.
new text begin Subd. 2. new text end
new text begin
Exceptions for home and community-based waiver housing programs.
new text end
new text begin
(a) Beginning no later than January 2015, based on the consultation with interested
stakeholders as specified in subdivision 4, the commissioner shall accept and process
applications for exceptions to subdivision 1 based on the criteria in this subdivision. The
commissioner may grant exceptions for up to 200 units in which individuals may reside
beginning July 1, 2016. Beginning July 1, 2017, the commissioner may grant additional
exceptions beyond the 200 unit limit in this paragraph.
new text end
new text begin
(b) An owner, operator, or developer of a community living setting may apply to
the commissioner for an exception from the requirements in subdivision 1, paragraph
(a), clause (3), and paragraph (b), clause (3). An exception may be granted when the
community living setting requesting the exception submits to the commissioner an
application providing the information requested in paragraph (c). The exception must
require that housing costs be separated from service costs and allow the client to choose
the vendor who provides personal services under the client's waiver.
new text end
new text begin
(c) A community living setting application for an exception must include the
following:
new text end
new text begin
(1) an affirmation that the community living setting materially meets all the
requirements for home and community-based settings in subdivision 1, paragraph (b),
other than clause (3);
new text end
new text begin
(2) an explanation of the scope and necessity of the exception, including
documentation of the characteristics of the population to be served and the demand for the
number of units the community living setting anticipates will be occupied by individuals
receiving services under a home and community-based waiver in the proposed community
living setting;
new text end
new text begin
(3) an explanation of how the community living setting supports all individuals with
disabilities receiving services under a home and community-based waiver in choosing
the community living setting from among other options, the availability of those other
options in the community for the specific population the program proposes to serve, the
proposed rents, the services and service costs, if any, provided by the community living
setting, and the cost-effectiveness of the proposed model; and
new text end
new text begin
(4) a quality assurance plan affirming that the community living setting requesting
the exception:
new text end
new text begin
(i) supports or develops scattered-site alternatives to the community living setting
for which the exception is requested;
new text end
new text begin
(ii) supports the transition of individuals receiving services under a home and
community-based waiver to the most integrated setting appropriate to the individual's
needs;
new text end
new text begin
(iii) has a history of meeting recognized quality standards for the population it serves
or is targeting, or that it will meet recognized quality standards;
new text end
new text begin
(iv) provides and facilitates for tenants receiving services under a home and
community-based waiver unlimited access to the community, including opportunities to
interact with nonstaff people without disabilities, appropriate to the individual's needs;
new text end
new text begin
(v) supports a safe and healthy environment for all individuals living in the
community living setting;
new text end
new text begin
(vi) provides information on which entities will inspect the setting and the frequency
of the inspections; and
new text end
new text begin
(vii) affirms that the community living setting will annually collect information
related to tenant satisfaction and that the information is available to current and
prospective tenants and families.
new text end
new text begin
(d) In assessing whether to grant or deny the community living setting's exception
request, the commissioner shall:
new text end
new text begin
(1) evaluate all of the assertions in the application, verify the assertions are accurate,
and ensure that the application is complete;
new text end
new text begin
(2) consult with all divisions in the Department of Human Services relevant to the
specific populations being served by the community living setting, the Minnesota Housing
Finance Agency, and the Department of Health;
new text end
new text begin
(3) within 30 days of receiving the application notify the city, county, and local press
of a 30-day public comment period to consider community input on the application,
including input from tenants, potential tenants, and other interested stakeholders;
new text end
new text begin
(4) deny an application in which:
new text end
new text begin
(i) the community living setting fails to fully comply with the application
requirements in paragraph (c);
new text end
new text begin
(ii) the community living setting fails to comply with all applicable federal
regulations regarding Medicaid-funded home and community-based services under the
Code of Federal Regulations, title 42, parts 430, 431, 435, 436, 440, 441, and 447;
new text end
new text begin
(iii) the community living setting fails to materially comply with any Minnesota
law or regulation applicable to individuals with disabilities receiving home and
community-based services under medical assistance;
new text end
new text begin
(iv) the community living setting is not consistent with relevant parts of the
Olmstead plan that are applicable to housing for individuals with disabilities who are
receiving home and community-based services under medical assistance;
new text end
new text begin
(v) the following factors adversely impact the quality of life and integration for
residents:
new text end
new text begin
(A) the total number of units in a building or the number of units to be occupied by
persons receiving services under a home and community-based waiver; or
new text end
new text begin
(B) the geographic concentration of disability-purposed housing; and
new text end
new text begin
(vi) the number of approved or pending exceptions applications adversely impact
the balance between persons with disabilities receiving home and community-based
waivers in disability-purposed housing, and housing that contains units with and without
persons with disabilities;
new text end
new text begin
(5) take into account the community input raised during the public comment period;
new text end
new text begin
(6) within 60 days of receiving the application, issue an approval, conditional
approval, or denial of the exception; and
new text end
new text begin
(7) accept and process applications from community living settings throughout the
calendar year.
new text end
new text begin
If conditional approval is granted under this section, the commissioner must specify the
reasons for the conditional approval of the exception, and allow the community living
setting 30 days to amend the application, and issue a renewed decision within 15 days of
receiving the amended application. If the commissioner denies an exception under this
section, the commissioner must specify the reasons for denying the exception.
new text end
new text begin
(e) After a community living setting's exception is approved, any material change
in the population to be served or the services to be offered must be submitted to the
commissioner who must decide if the changes are consistent with the basis on which the
exception was granted, or if another exception request needs to be submitted.
new text end
new text begin
(f) If an exception is approved and later revoked, no tenant must be displaced as a
result of this revocation until a relocation plan is implemented that provides an acceptable
alternative community living setting.
new text end
new text begin
(g) No community living setting that meets the requirements under subdivision 1 is
required to apply for an exception described in this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Exception process expiration. new text end
new text begin
Beginning January 1, 2019, the
commissioner shall not accept or process applications for exceptions under subdivision 2.
Community living settings granted an exception under subdivision 2, prior to January 1,
2019, may retain their exception status under the provisions in subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Public input on exception process. new text end
new text begin
The commissioner shall consult
with interested stakeholders to develop a plan for implementing the exceptions process
described in Minnesota Statutes, section 256B.492, subdivision 2. The implementation
plan for the applications must be based on the criteria in Minnesota Statutes, section
256B.492, subdivision 2, including defining key terms related to the quality and
integration measures, as well as the grounds for denying or approving an application and
any other information necessary to manage the exceptions process. The commissioner
shall consult with representatives from each relevant division of the Department of Human
Services, The Coalition for Choice in Housing, NAMI, The Arc Minnesota, Mental Health
Association of Minnesota, Minnesota Disability Law Center, Minnesota State Council on
Disability, The Office of Ombudsman for Mental Health and Developmental Disabilities,
and other provider organizations, counties, disability advocates, and individuals with
disabilities or family members of an individual with disabilities.
new text end
new text begin Subd. 5. new text end
new text begin Legislative update. new text end
new text begin
By January 15, 2015, the commissioner shall provide
an update to the chairs and ranking minority members of the legislative committees with
jurisdiction over the finalized exceptions process.
new text end
Sec. 59.
Minnesota Statutes 2012, section 256B.5012, is amended by adding a
subdivision to read:
new text begin Subd. 16. new text end
new text begin ICF/DD rate increases effective July 1, 2014. new text end
new text begin
(a) For each facility
reimbursed under this section, for the rate period beginning July 1, 2014, the commissioner
shall increase operating payments equal to five percent of the operating payment rates in
effect on July 1, 2014. For each facility, the commissioner shall apply the rate increase
based on occupied beds, using the percentage specified in this subdivision multiplied by
the total payment rate, including the variable rate but excluding the property-related
payment rate in effect on the preceding date.
new text end
new text begin
(b) To receive the rate increase under paragraph (a), each facility reimbursed under
this section must submit to the commissioner documentation that identifies a quality
improvement project the facility will implement by June 30, 2015. Documentation must
be provided in a format specified by the commissioner. Projects must:
new text end
new text begin
(1) improve the quality of life of intermediate care facility residents in a meaningful
way;
new text end
new text begin
(2) improve the quality of services in a measurable way; or
new text end
new text begin
(3) deliver good quality service more efficiently while using the savings to enhance
services for the participants served.
new text end
new text begin
(c) For a facility that fails to submit the documentation described in paragraph (b)
by a date or in a format specified by the commissioner, the commissioner shall reduce
the facility's rate by one percent effective January 1, 2015.
new text end
new text begin
(d) Facilities that receive a rate increase under this subdivision shall use 75 percent
of the rate increase to increase compensation-related costs for employees directly
employed by the facility on or after the effective date of the rate adjustments, except:
new text end
new text begin
(1) persons employed in the central office of a corporation or entity that has an
ownership interest in the facility or exercises control over the facility; and
new text end
new text begin
(2) persons paid by the facility under a management contract.
new text end
new text begin
This requirement is subject to audit by the commissioner.
new text end
new text begin
(e) Compensation-related costs include:
new text end
new text begin
(1) wages and salaries;
new text end
new text begin
(2) the employer's share of FICA taxes, Medicare taxes, state and federal
unemployment taxes, workers' compensation, and mileage reimbursement;
new text end
new text begin
(3) the employer's share of health and dental insurance, life insurance, disability
insurance, long-term care insurance, uniform allowance, pensions, and contributions to
employee retirement accounts; and
new text end
new text begin
(4) other benefits provided and workforce needs, including the recruiting and
training of employees as specified in the distribution plan required under paragraph (f).
new text end
new text begin
(f) A facility that receives a rate adjustment under paragraph (a) that is subject to
paragraphs (d) and (e) shall prepare and produce for the commissioner, upon request, a
plan that specifies the amount of money the provider expects to receive that is subject to
the requirements of paragraphs (d) and (e), as well as how that money will be distributed
to increase compensation for employees. The commissioner may recover funds from a
facility that fails to comply with this requirement.
new text end
new text begin
(g) Within six months after the effective date of the rate adjustment, the facility shall
post the distribution plan required under paragraph (f) for a period of at least six weeks in
an area of the facility's operation to which all eligible employees have access, and shall
provide instructions for employees who believe they have not received the wage and other
compensation-related increases specified in the distribution plan. These instructions must
include a mailing address, e-mail address, and telephone number that an employee may
use to contact the commissioner or the commissioner's representative. Facilities shall
make assurances to the commissioner of compliance with this subdivision using forms
prescribed by the commissioner.
new text end
new text begin
(h) For public employees, the increase for wages and benefits for certain staff is
available and pay rates must be increased only to the extent that the increases comply with
laws governing public employees' collective bargaining. Money received by a provider for
pay increases for public employees under this subdivision may be used only for increases
implemented within one month of the effective date of the rate increase and must not be
used for increases implemented prior to that date.
new text end
new text begin
(i) For a provider that has employees that are represented by an exclusive bargaining
representative, the provider shall obtain a letter of acceptance of the distribution plan, in
regard to the members of the bargaining unit, signed by the exclusive bargaining agent.
Upon receipt of the letter of acceptance, the provider shall be deemed to have met all the
requirements of this subdivision in regard to the members of the bargaining unit. The
provider shall produce the letter of acceptance for the commissioner upon request.
new text end
Sec. 60.
Laws 2013, chapter 108, article 7, section 14, the effective date, is amended to
read:
EFFECTIVE DATE.
Subdivisions 1 to 7 and 9, are effective upon federal approval
consistent with subdivision 11, but no earlier than deleted text begin Marchdeleted text end new text begin Julynew text end 1, 2014. Subdivisions
8, 10, and 11 are effective July 1, 2013.
Sec. 61. new text begin PROVIDER RATE AND GRANT INCREASES EFFECTIVE JULY
1, 2014.
new text end
new text begin
(a) The commissioner of human services shall increase reimbursement rates, grants,
allocations, individual limits, and rate limits, as applicable, by five percent for the rate
period beginning July 1, 2014, for services rendered on or after that date. County or tribal
contracts for services specified in this section must be amended to pass through these rate
increases within 60 days of the effective date.
new text end
new text begin
(b) The rate changes described in this section must be provided to:
new text end
new text begin
(1) home and community-based waiver services for persons with developmental
disabilities, including consumer-directed community supports, under Minnesota Statutes,
section 256B.092;
new text end
new text begin
(2) waiver services under community alternatives for disabled individuals, including
consumer-directed community supports, under Minnesota Statutes, section 256B.49;
new text end
new text begin
(3) community alternative care waiver services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;
new text end
new text begin
(4) brain injury waiver services, including consumer-directed community supports,
under Minnesota Statutes, section 256B.49;
new text end
new text begin
(5) home and community-based waiver services for the elderly under Minnesota
Statutes, section 256B.0915;
new text end
new text begin
(6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a;
new text end
new text begin
(7) personal care services and qualified professional supervision of personal care
services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
new text end
new text begin
(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7;
new text end
new text begin
(9) community first services and supports under Minnesota Statutes, section 256B.85;
new text end
new text begin
(10) essential community supports under Minnesota Statutes, section 256B.0922;
new text end
new text begin
(11) day training and habilitation services for adults with developmental disabilities
or related conditions under Minnesota Statutes, sections 252.41 to 252.46, including the
additional cost to counties for rate adjustments to day training and habilitation services
provided as a social service;
new text end
new text begin
(12) alternative care services under Minnesota Statutes, section 256B.0913;
new text end
new text begin
(13) living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living under Laws 1988, chapter 689;
new text end
new text begin
(14) consumer support grants under Minnesota Statutes, section 256.476;
new text end
new text begin
(15) semi-independent living services under Minnesota Statutes, section 252.275;
new text end
new text begin
(16) family support grants under Minnesota Statutes, section 252.32;
new text end
new text begin
(17) housing access grants under Minnesota Statutes, section 256B.0658;
new text end
new text begin
(18) self-advocacy grants under Laws 2009, chapter 101;
new text end
new text begin
(19) technology grants under Laws 2009, chapter 79;
new text end
new text begin
(20) aging grants under Minnesota Statutes, sections 256.975 to 256.977 and
256B.0917;
new text end
new text begin
(21) deaf and hard-of-hearing grants, including community support services for deaf
and hard-of-hearing adults with mental illness who use or wish to use sign language as their
primary means of communication under Minnesota Statutes, section 256.01, subdivision 2;
new text end
new text begin
(22) deaf and hard-of-hearing grants under Minnesota Statutes, sections 256C.233,
256C.25, and 256C.261;
new text end
new text begin
(23) Disability Linkage Line grants under Minnesota Statutes, section 256.01,
subdivision 24;
new text end
new text begin
(24) transition initiative grants under Minnesota Statutes, section 256.478;
new text end
new text begin
(25) employment support grants under Minnesota Statutes, section 256B.021,
subdivision 6; and
new text end
new text begin
(26) grants provided to people who are eligible for the Housing Opportunities for
Persons with AIDS program under Minnesota Statutes, section 256B.492.
new text end
new text begin
(c) A managed care plan receiving state payments for the services in paragraph (b)
must include the increases in paragraph (a) in payments to providers. To implement the
rate increase in this section, capitation rates paid by the commissioner to managed care
organizations under Minnesota Statutes, section 256B.69, shall reflect a five percent
increase for the specified services for the period beginning July 1, 2014.
new text end
new text begin
(d) Counties shall increase the budget for each recipient of consumer-directed
community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).
new text end
new text begin
(e) To implement this section, the commissioner shall increase service rates in the
disability waiver payment system authorized in Minnesota Statutes, sections 256B.4913
and 256B.4914.
new text end
new text begin
(f) To receive the rate increase described in this section, providers under paragraphs
(a) and (b) must submit to the commissioner documentation that identifies a quality
improvement project that the provider will implement by June 30, 2015. Documentation
must be provided in a format specified by the commissioner. Projects must:
new text end
new text begin
(1) improve the quality of life of home and community-based services recipients in
a meaningful way;
new text end
new text begin
(2) improve the quality of services in a measurable way; or
new text end
new text begin
(3) deliver good quality service more efficiently while using the savings to enhance
services for the participants served.
new text end
new text begin
Providers listed in paragraph (b), clauses (7), (9), (10), and (13) to (26), are not subject
to this requirement.
new text end
new text begin
(g) For a provider that fails to submit documentation described in paragraph (f) by
a date or in a format specified by the commissioner, the commissioner shall reduce the
provider's rate by one percent effective January 1, 2015.
new text end
new text begin
(h) Providers that receive a rate increase under this subdivision shall use 75 percent
of the rate increase to increase compensation-related costs for employees directly
employed by the facility on or after the effective date of the rate adjustments, except:
new text end
new text begin
(1) persons employed in the central office of a corporation or entity that has an
ownership interest in the facility or exercises control over the facility; and
new text end
new text begin
(2) persons paid by the facility under a management contract.
new text end
new text begin
This requirement is subject to audit by the commissioner.
new text end
new text begin
(i) Compensation-related costs include:
new text end
new text begin
(1) wages and salaries;
new text end
new text begin
(2) the employer's share of FICA taxes, Medicare taxes, state and federal
unemployment taxes, workers' compensation, and mileage reimbursement;
new text end
new text begin
(3) the employer's share of health and dental insurance, life insurance, disability
insurance, long-term care insurance, uniform allowance, pensions, and contributions to
employee retirement accounts; and
new text end
new text begin
(4) other benefits provided and workforce needs, including the recruiting and
training of employees as specified in the distribution plan required under paragraph (l).
new text end
new text begin
(j) For public employees, the increase for wages and benefits for certain staff is
available and pay rates must be increased only to the extent that the increases comply with
laws governing public employees' collective bargaining. Money received by a provider
for pay increases for public employees under this section may be used only for increases
implemented within one month of the effective date of the rate increase and must not be
used for increases implemented prior to that date.
new text end
new text begin
(k) For a provider that has employees that are represented by an exclusive bargaining
representative, the provider shall obtain a letter of acceptance of the distribution plan, in
regard to the members of the bargaining unit, signed by the exclusive bargaining agent.
Upon receipt of the letter of acceptance, the provider shall be deemed to have met all the
requirements of this section in regard to the members of the bargaining unit. The provider
shall produce the letter of acceptance for the commissioner upon request.
new text end
new text begin
(l) A provider that receives a rate adjustment under paragraph (b) that is subject to
paragraphs (h) and (i) shall prepare and produce for the commissioner, upon request, a
plan that specifies the amount of money the provider expects to receive that is subject to
the requirements of paragraphs (h) and (i), as well as how that money will be distributed
to increase compensation for employees. The commissioner may recover funds from a
facility that fails to comply with this requirement.
new text end
new text begin
(m) Within six months after the effective date of the rate adjustment, the provider
shall post the distribution plan required under paragraph (l) for a period of at least six
weeks in an area of the provider's operation to which all eligible employees have access,
and shall provide instructions for employees who believe they have not received the
wage and other compensation-related increases specified in the distribution plan. These
instructions must include a mailing address, e-mail address, and telephone number that
an employee may use to contact the commissioner or the commissioner's representative.
Providers shall make assurances to the commissioner of compliance with this section
using forms prescribed by the commissioner.
new text end
Sec. 62. new text begin DIRECTION TO COMMISSIONER; MA AUTISM EARLY
INTENSIVE INTERVENTION BENEFIT DELAY.
new text end
new text begin
Any savings attributable to the delay in the effective date of the MA autism early
intensive intervention benefit under Minnesota Statutes, section 256B.0949, shall be
available to the commissioner of human services in fiscal years 2015 and 2016 for the
parental fee limitation under Minnesota Statutes, section 252.27, subdivision 2d.
new text end
Sec. 63. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
(a) In each section of Minnesota Statutes or part of Minnesota Rules referred to
in column A, the revisor of statutes shall delete the word or phrase in column B and
insert the phrase in column C. The revisor shall also make related grammatical changes
and changes in headnotes.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
new text begin
Column C new text end |
|
new text begin
section 158.13 new text end |
new text begin
defective persons new text end |
new text begin
persons with developmental disabilities new text end |
|
new text begin
section 158.14 new text end |
new text begin
defective persons new text end |
new text begin
persons with developmental disabilities new text end |
|
new text begin
section 158.17 new text end |
new text begin
defective persons new text end |
new text begin
persons with developmental disabilities new text end |
|
new text begin
section 158.18 new text end |
new text begin
persons not defective new text end |
new text begin
persons without developmental disabilities new text end |
|
new text begin
defective person new text end |
new text begin
person with developmental disabilities new text end |
|
|
new text begin
defective persons new text end |
new text begin
persons with developmental disabilities new text end |
|
|
new text begin
section 158.19 new text end |
new text begin
defective new text end |
new text begin
person with developmental disabilities new text end |
|
new text begin
section 256.94 new text end |
new text begin
defective new text end |
new text begin
children with developmental disabilities and new text end |
|
new text begin
section 257.175 new text end |
new text begin
defective new text end |
new text begin
children with developmental disabilities and new text end |
|
new text begin
part 2911.1350 new text end |
new text begin
retardation new text end |
new text begin
developmental disability new text end |
new text begin
(b) The revisor of statutes shall change the term "health and safety" to "health and
welfare" in the following statutes: Minnesota Statutes, sections 245D.03, 245D.061,
245D.071, 245D.10, 245D.11, 245D.31, 256B.0915, and 256B.092.
new text end
ARTICLE 29
UNBORN CHILD PROTECTION
Section 1. new text begin SHORT TITLE.
new text end
new text begin
This article may be cited as the "Pain-Capable Unborn Child Protection Act."
new text end
Sec. 2.
new text begin
[8.40] LITIGATION DEFENSE FUND.
new text end
new text begin
(a) There is created in the special revenue fund an account entitled the Pain-Capable
Unborn Child Protection Act litigation account for the purpose of providing funds to pay
for any costs and expenses incurred by the state attorney general in relation to actions
surrounding defense of sections 145.4141 to 145.4147.
new text end
new text begin
(b) The account shall be maintained by the commissioner of management and budget.
new text end
new text begin
(c) The litigation account shall consist of:
new text end
new text begin
(1) appropriations made to the account by the legislature; and
new text end
new text begin
(2) any donations, gifts, or grants made to the account by private citizens or entities.
new text end
new text begin
(d) The litigation account shall retain the interest income derived from the money
credited to the account.
new text end
new text begin
(e) Any funds in the litigation account are appropriated to the attorney general for
the purposes described in paragraph (a).
new text end
Sec. 3.
Minnesota Statutes 2012, section 145.4131, subdivision 1, is amended to read:
Subdivision 1.
Forms.
(a) Within 90 days of July 1, 1998, the commissioner shall
prepare a reporting form for use by physicians or facilities performing abortions. A copy
of this section shall be attached to the form. A physician or facility performing an abortion
shall obtain a form from the commissioner.
(b) The form shall require the following information:
(1) the number of abortions performed by the physician in the previous calendar
year, reported by month;
(2) the method used for each abortion;
(3) the approximate gestational age expressed in one of the following increments:
(i) less than nine weeks;
(ii) nine to ten weeks;
(iii) 11 to 12 weeks;
(iv) 13 to 15 weeks;
(v) 16 to 20 weeks;
(vi) 21 to 24 weeks;
(vii) 25 to 30 weeks;
(viii) 31 to 36 weeks; or
(ix) 37 weeks to term;
(4) the age of the woman at the time the abortion was performed;
(5) the specific reason for the abortion, including, but not limited to, the following:
(i) the pregnancy was a result of rape;
(ii) the pregnancy was a result of incest;
(iii) economic reasons;
(iv) the woman does not want children at this time;
(v) the woman's emotional health is at stake;
(vi) the woman's physical health is at stake;
(vii) the woman will suffer substantial and irreversible impairment of a major bodily
function if the pregnancy continues;
(viii) the pregnancy resulted in fetal anomalies; or
(ix) unknown or the woman refused to answer;
(6) the number of prior induced abortions;
(7) the number of prior spontaneous abortions;
(8) whether the abortion was paid for by:
(i) private coverage;
(ii) public assistance health coverage; or
(iii) self-pay;
(9) whether coverage was under:
(i) a fee-for-service plan;
(ii) a capitated private plan; or
(iii) other;
(10) complications, if any, for each abortion and for the aftermath of each abortion.
Space for a description of any complications shall be available on the form; deleted text begin and
deleted text end
(11) the medical specialty of the physician performing the abortiondeleted text begin .deleted text end new text begin ;
new text end
new text begin
(12) whether a determination of probable postfertilization age was made and the
probable postfertilization age determined:
new text end
new text begin
(i) the method used to make such a determination; or
new text end
new text begin
(ii) if a determination was not made prior to performing an abortion, the basis of
the determination that a medical emergency existed; and
new text end
new text begin
(13) for abortions performed after a determination of postfertilization age of 20 or
more weeks, the basis of the determination that the pregnant woman had a condition that
so complicated her medical condition as to necessitate the abortion of her pregnancy to
avert her death or to avert serious risk of substantial and irreversible physical impairment
of a major bodily function, not including psychological or emotional conditions.
new text end
Sec. 4.
new text begin
[145.4141] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For purposes of sections 145.4141 to 145.4147, the following
terms have the meanings given them.
new text end
new text begin Subd. 2. new text end
new text begin Abortion. new text end
new text begin
"Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device to terminate the pregnancy of a woman
known to be pregnant, with an intention other than to increase the probability of a live
birth; to preserve the life or health of the child after live birth; or to remove a dead unborn
child who died as the result of natural causes in utero, accidental trauma, or a criminal
assault on the pregnant woman or her unborn child; and which causes the premature
termination of the pregnancy.
new text end
new text begin Subd. 3. new text end
new text begin Attempt to perform or induce an abortion. new text end
new text begin
"Attempt to perform or
induce an abortion" means an act, or an omission of a statutorily required act, that, under
the circumstances as the actor believes them to be, constitutes a substantial step in a
course of conduct planned to culminate in the performance or induction of an abortion in
this state in violation of sections 145.4141 to 145.4147.
new text end
new text begin Subd. 4. new text end
new text begin Fertilization. new text end
new text begin
"Fertilization" means the fusion of a human spermatozoon
with a human ovum.
new text end
new text begin Subd. 5. new text end
new text begin Medical emergency. new text end
new text begin
"Medical emergency" means a condition that,
in reasonable medical judgment, so complicates the medical condition of the pregnant
woman that it necessitates the immediate abortion of her pregnancy without first
determining postfertilization age to avert her death or for which the delay necessary to
determine postfertilization age will create serious risk of substantial and irreversible
physical impairment of a major bodily function, not including psychological or emotional
conditions. No condition shall be deemed a medical emergency if based on a claim or
diagnosis that the woman will engage in conduct which she intends to result in her death
or in substantial and irreversible physical impairment of a major bodily function.
new text end
new text begin Subd. 6. new text end
new text begin Physician. new text end
new text begin
"Physician" means any person licensed to practice medicine
and surgery or osteopathic medicine and surgery in this state.
new text end
new text begin Subd. 7. new text end
new text begin Postfertilization age. new text end
new text begin
"Postfertilization age" means the age of the unborn
child as calculated from the fusion of a human spermatozoon with a human ovum.
new text end
new text begin Subd. 8. new text end
new text begin Probable postfertilization age of the unborn child. new text end
new text begin
"Probable
postfertilization age of the unborn child" means what, in reasonable medical judgment,
will with reasonable probability be the postfertilization age of the unborn child at the time
the abortion is planned to be performed or induced.
new text end
new text begin Subd. 9. new text end
new text begin Reasonable medical judgment. new text end
new text begin
"Reasonable medical judgment" means a
medical judgment that would be made by a reasonably prudent physician knowledgeable
about the case and the treatment possibilities with respect to the medical conditions
involved.
new text end
new text begin Subd. 10. new text end
new text begin Unborn child or fetus. new text end
new text begin
"Unborn child" or "fetus" means an individual
organism of the species homo sapiens from fertilization until live birth.
new text end
new text begin Subd. 11. new text end
new text begin Woman. new text end
new text begin
"Woman" means a female human being whether or not she
has reached the age of majority.
new text end
Sec. 5.
new text begin
[145.4142] LEGISLATIVE FINDINGS.
new text end
new text begin
(a) The legislature makes the following findings.
new text end
new text begin
(b) Pain receptors (nociceptors) are present throughout an unborn child's entire body
and nerves link these receptors to the brain's thalamus and subcortical plate by 20 weeks.
new text end
new text begin
(c) By eight weeks after fertilization, an unborn child reacts to touch. After 20
weeks an unborn child reacts to stimuli that would be recognized as painful if applied to
an adult human, for example by recoiling.
new text end
new text begin
(d) In the unborn child, application of such painful stimuli is associated with
significant increases in stress hormones known as the stress response.
new text end
new text begin
(e) Subjection to such painful stimuli is associated with long-term harmful
neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional,
behavioral, and learning disabilities later in life.
new text end
new text begin
(f) For the purposes of surgery on an unborn child, fetal anesthesia is routinely
administered and is associated with a decrease in stress hormones compared to the level
when painful stimuli is applied without anesthesia.
new text end
new text begin
(g) The position, asserted by some medical experts, that an unborn child is incapable
of experiencing pain until a point later in pregnancy than 20 weeks after fertilization
predominately rests on the assumption that the ability to experience pain depends on the
cerebral cortex and requires nerve connections between the thalamus and the cortex.
However, recent medical research and analysis, especially since 2007, provides strong
evidence for the conclusion that a functioning cortex is not necessary to experience pain.
new text end
new text begin
(h) Substantial evidence indicates that children born missing the bulk of the cerebral
cortex, those with hydranencephaly, nevertheless experience pain.
new text end
new text begin
(i) In adults, stimulation or ablation of the cerebral cortex does not alter pain
perception, while stimulation or ablation of the thalamus does.
new text end
new text begin
(j) Substantial evidence indicates that structures used for pain processing in early
development differ from those of adults, using different neural elements available at
specific times during development, such as the subcortical plate, to fulfill the role of
pain processing.
new text end
new text begin
(k) The position asserted by some medical experts, that the unborn child remains in a
coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with
the documented reaction of unborn children to painful stimuli and with the experience of
fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to
prevent the unborn child from thrashing about in reaction to invasive surgery.
new text end
new text begin
(l) Consequently, there is substantial medical evidence that an unborn child is
capable of experiencing pain by 20 weeks after fertilization.
new text end
new text begin
(m) It is the purpose of the state to assert a compelling state interest in protecting the
lives of unborn children from the stage at which substantial medical evidence indicates
that they are capable of feeling pain.
new text end
Sec. 6.
new text begin
[145.4143] DETERMINATION OF POSTFERTILIZATION AGE.
new text end
new text begin Subdivision 1. new text end
new text begin Determination of postfertilization age. new text end
new text begin
Except in the case of a
medical emergency, no abortion shall be performed or induced or be attempted to be
performed or induced unless the physician performing or inducing it has first made a
determination of the probable postfertilization age of the unborn child or relied upon
such a determination made by another physician. In making such a determination, the
physician shall make those inquiries of the woman and perform or cause to be performed
those medical examinations and tests that a reasonably prudent physician, knowledgeable
about the case and the medical conditions involved, would consider necessary to perform
in making an accurate diagnosis with respect to postfertilization age.
new text end
new text begin Subd. 2. new text end
new text begin Unprofessional conduct. new text end
new text begin
Failure by any physician to conform to any
requirement of this section constitutes unprofessional conduct under section 147.091,
subdivision 1, paragraph (k).
new text end
Sec. 7.
new text begin
[145.4144] ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS
POSTFERTILIZATION AGE PROHIBITED; CAPABLE OF FEELING PAIN.
new text end
new text begin Subdivision 1. new text end
new text begin Abortion prohibition; exemption. new text end
new text begin
No person shall perform or
induce or attempt to perform or induce an abortion upon a woman when it has been
determined, by the physician performing or inducing or attempting to perform or induce
the abortion, or by another physician upon whose determination that physician relies,
that the probable postfertilization age of the woman's unborn child is 20 or more weeks
unless, in reasonable medical judgment, she has a condition which so complicates her
medical condition as to necessitate the abortion of her pregnancy to avert her death or to
avert serious risk of substantial and irreversible physical impairment of a major bodily
function, not including psychological or emotional conditions. No such condition shall
be deemed to exist if it is based on a claim or diagnosis that the woman will engage in
conduct which she intends to result in her death or in substantial and irreversible physical
impairment of a major bodily function.
new text end
new text begin Subd. 2. new text end
new text begin When abortion not prohibited. new text end
new text begin
When an abortion upon a woman whose
unborn child has been determined to have a probable postfertilization age of 20 or more
weeks is not prohibited by this section, the physician shall terminate the pregnancy in
the manner which, in reasonable medical judgment, provides the best opportunity for
the unborn child to survive unless, in reasonable medical judgment, termination of the
pregnancy in that manner would pose a greater risk either of the death of the pregnant
woman or of the substantial and irreversible physical impairment of a major bodily
function, not including psychological or emotional conditions, of the woman than would
other available methods. No such greater risk shall be deemed to exist if it is based on a
claim or diagnosis that the woman will engage in conduct which she intends to result in
her death or in substantial and irreversible physical impairment of a major bodily function.
new text end
Sec. 8.
new text begin
[145.4145] ENFORCEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Criminal penalties. new text end
new text begin
A person who intentionally or recklessly
performs or induces or attempts to perform or induce an abortion in violation of sections
145.4141 to 145.4147 shall be guilty of a felony. No penalty may be assessed against the
woman upon whom the abortion is performed or induced or attempted to be performed or
induced.
new text end
new text begin Subd. 2. new text end
new text begin Civil remedies. new text end
new text begin
(a) A woman upon whom an abortion has been performed
or induced in violation of sections 145.4141 to 145.4147, or the father of the unborn
child who was the subject of such an abortion, may maintain an action against the person
who performed or induced the abortion in intentional or reckless violation of sections
145.4141 to 145.4147 for damages. A woman upon whom an abortion has been attempted
in violation of sections 145.4141 to 145.4147 may maintain an action against the person
who attempted to perform or induce the abortion in an intentional or reckless violation of
sections 145.4141 to 145.4147 for damages.
new text end
new text begin
(b) A cause of action for injunctive relief against a person who has intentionally
violated sections 145.4141 to 145.4147 may be maintained by the woman upon whom an
abortion was performed or induced or attempted to be performed or induced in violation of
sections 145.4141 to 145.4147; by a person who is the father of the unborn child subject
to an abortion, parent, sibling, or guardian of, or a current or former licensed health
care provider of, the woman upon whom an abortion has been performed or induced or
attempted to be performed or induced in violation of sections 145.4141 to 145.4147; by a
county attorney with appropriate jurisdiction; or by the attorney general. The injunction
shall prevent the abortion provider from performing or inducing or attempting to perform
or induce further abortions in this state in violation of sections 145.4141 to 145.4147.
new text end
new text begin
(c) If judgment is rendered in favor of the plaintiff in an action described in this
section, the court shall also render judgment for reasonable attorney fees in favor of
the plaintiff against the defendant.
new text end
new text begin
(d) If judgment is rendered in favor of the defendant and the court finds that the
plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment
for reasonable attorney fees in favor of the defendant against the plaintiff.
new text end
new text begin
(e) No damages or attorney fees may be assessed against the woman upon whom
an abortion was performed or induced or attempted to be performed or induced except
according to paragraph (d).
new text end
Sec. 9.
new text begin
[145.4146] PROTECTION OF PRIVACY IN COURT PROCEEDINGS.
new text end
new text begin
In every civil or criminal proceeding or action brought under the Pain-Capable
Unborn Child Protection Act, the court shall rule on whether the anonymity of a woman
upon whom an abortion has been performed or induced or attempted to be performed
or induced shall be preserved from public disclosure if she does not give her consent
to such disclosure. The court, upon motion or sua sponte, shall make such a ruling
and, upon determining that her anonymity should be preserved, shall issue orders to the
parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of
individuals from courtrooms or hearing rooms to the extent necessary to safeguard her
identity from public disclosure. Each such order shall be accompanied by specific written
findings explaining why the anonymity of the woman should be preserved from public
disclosure, why the order is essential to that end, how the order is narrowly tailored to
serve that interest, and why no reasonable, less restrictive alternative exists. In the absence
of written consent of the woman upon whom an abortion has been performed or induced
or attempted to be performed or induced, anyone, other than a public official, who brings
an action under section 145.4145, subdivision 2, shall do so under a pseudonym. This
section may not be construed to conceal the identity of the plaintiff or of witnesses from
the defendant or from attorneys for the defendant.
new text end
Sec. 10.
new text begin
[145.4147] SEVERABILITY.
new text end
new text begin
If any one or more provisions, sections, subsections, sentences, clauses, phrases,
or words of sections 145.4141 to 145.4146, or the application thereof to any person or
circumstance is found to be unconstitutional, the same is hereby declared to be severable
and the balance of sections 145.4141 to 145.4146 shall remain effective notwithstanding
such unconstitutionality. The legislature hereby declares that it would have passed
sections 145.4141 to 145.4146, and each provision, section, subsection, sentence, clause,
phrase, or word thereof, irrespective of the fact that any one or more provisions, sections,
subsections, sentences, clauses, phrases, or words of sections 145.4141 to 145.4146, or the
application of sections 145.4141 to 145.4146, would be declared unconstitutional.
new text end
ARTICLE 30
MISCELLANEOUS
Section 1.
Minnesota Statutes 2013 Supplement, section 16A.724, subdivision 2,
is amended to read:
Subd. 2.
Transfers.
(a) Notwithstanding section 295.581, to the extent available
resources in the health care access fund exceed expenditures in that fund, effective for
the biennium beginning July 1, 2007, the commissioner of management and budget shall
transfer the excess funds from the health care access fund to the general fund on June 30
of each year, provided that the amount transferred in any fiscal biennium shall not exceed
$96,000,000. The purpose of this transfer is to meet the rate increase required under Laws
2003, First Special Session chapter 14, article 13C, section 2, subdivision 6.
(b) For fiscal deleted text begin years 2006 to 2011deleted text end new text begin year 2018 and thereafternew text end , MinnesotaCare shall be a
forecasted program, and, if necessary, the commissioner shall reduce these transfers from
the health care access fund to the general fund to meet annual MinnesotaCare expenditures
or, if necessary, transfer sufficient funds from the general fund to the health care access
fund to meet annual MinnesotaCare expenditures.
(c) Notwithstanding section 295.581, to the extent available resources in the health
care access fund exceed expenditures in that fund after the transfer required in paragraph
(a), effective for the biennium beginning July 1, 2013, the commissioner of management
and budget shall transfer $1,000,000 each fiscal year from the health access fund to
the medical education and research costs fund established under section 62J.692, for
distribution under section 62J.692, subdivision 4, paragraph (c).
Sec. 2.
Minnesota Statutes 2012, section 254B.12, is amended to read:
254B.12 RATE METHODOLOGY.
new text begin Subdivision 1. new text end
new text begin CCDTF rate methodology established. new text end
The commissioner shall
establish a new rate methodology for the consolidated chemical dependency treatment
fund. The new methodology must replace county-negotiated rates with a uniform
statewide methodology that must include a graduated reimbursement scale based on the
patients' level of acuity and complexity. At least biennially, the commissioner shall review
the financial information provided by vendors to determine the need for rate adjustments.
new text begin Subd. 2. new text end
new text begin Payment methodology for highly specialized vendors. new text end
new text begin
(a)
Notwithstanding subdivision 1, the commissioner shall seek federal authority to develop
a separate payment methodology for chemical dependency treatment services provided
under the consolidated chemical dependency treatment fund for persons who have been
civilly committed to the commissioner, present the most complex and difficult care needs,
and are a potential threat to the community. This payment methodology is effective
for services provided on or after October 1, 2015, or on or after the receipt of federal
approval, whichever is later.
new text end
new text begin
(b) Before implementing an approved payment methodology under paragraph
(a), the commissioner must also receive any necessary legislative approval of required
changes to state law or funding.
new text end
Sec. 3.
Minnesota Statutes 2012, section 256I.04, subdivision 2b, is amended to read:
Subd. 2b.
Group residential housing agreements.
new text begin (a) new text end Agreements between county
agencies and providers of group residential housing must be in writing and must specify
the name and address under which the establishment subject to the agreement does
business and under which the establishment, or service provider, if different from the
group residential housing establishment, is licensed by the Department of Health or the
Department of Human Services; the specific license or registration from the Department
of Health or the Department of Human Services held by the provider and the number
of beds subject to that license; the address of the location or locations at which group
residential housing is provided under this agreement; the per diem and monthly rates that
are to be paid from group residential housing funds for each eligible resident at each
location; the number of beds at each location which are subject to the group residential
housing agreement; whether the license holder is a not-for-profit corporation under section
501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject to
the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections.
Group residential housing agreements may be terminated with or without cause by either
the county or the provider with two calendar months prior notice.
new text begin
(b) The commissioner may enter directly into an agreement with a provider serving
veterans who meet the eligibility criteria of this section and reside in a setting according to
subdivision 2a, located in Stearns County. Responsibility for monitoring and oversight of
this setting shall remain with Stearns County. This agreement may be terminated with
or without cause by either the commissioner or the provider with two calendar months
prior notice. This agreement shall be subject to the requirements of county agreements
and negotiated rates in subdivisions 1, paragraphs (a) and (b), and 2, and sections 256I.05,
subdivisions 1 and 1c, and 256I.06, subdivision 7.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2015.
new text end
Sec. 4.
Minnesota Statutes 2012, section 256I.05, subdivision 2, is amended to read:
Subd. 2.
Monthly rates; exemptions.
deleted text begin The maximum group residential housing rate
does not applydeleted text end new text begin This subdivision appliesnew text end to a residence that on August 1, 1984, was licensed
by the commissioner of health only as a boarding care home, certified by the commissioner
of health as an intermediate care facility, and licensed by the commissioner of human
services under Minnesota Rules, parts 9520.0500 to 9520.0690. Notwithstanding the
provisions of subdivision 1c, the rate paid to a facility reimbursed under this subdivision
shall be determined under section 256B.431, or under section 256B.434 if the facility is
accepted by the commissioner for participation in the alternative payment demonstration
project.new text begin The rate paid to this facility shall also include adjustments to the group residential
housing rate according to subdivision 1, and any adjustments applicable to supplemental
service rates statewide.
new text end
Sec. 5. new text begin CIVIL COMMITMENT TRAINING PROGRAM.
new text end
new text begin
The commissioner of human services shall develop an online training program for
interested individuals and personnel, specifically county and hospital staff and mental
health providers, to understand, clarify, and interpret the Civil Commitment Act under
Minnesota Statutes, chapter 253B, as it pertains to persons with mental illnesses. The
training must be developed in collaboration with the ombudsman for mental health
and developmental disabilities, Minnesota County Attorneys Association, National
Alliance on Mental Illness of Minnesota, Mental Health Consumer/Survivor Network
of Minnesota, State Advisory Council on Mental Health, Mental Health Association,
Minnesota Psychiatric Society, Hennepin Commitment Defense Panel, Minnesota
Disability Law Center, Minnesota Association of Community Mental Health Programs,
Minnesota Hospital Association, and Minnesota Board of Public Defense. The purpose of
the training is to promote better clarity and interpretation of the civil commitment laws.
new text end
Sec. 6. new text begin DIRECTION TO COMMISSIONER; REPORT ON PROGRAM
WAITING LISTS.
new text end
new text begin
In preparing background materials for the 2016-2017 biennium, the commissioner
of human services shall prepare a listing of all of the waiting lists for services that the
department oversees and directs. The listing shall identify the number of persons on those
waiting lists as of October 1, 2014, an estimate of the cost of serving them based on
current average costs, and an estimate of the number of jobs that would be created given
current average levels of staffing if the waiting list were eliminated. The commissioner
is encouraged to engage postsecondary students in the assembly, analysis, and reporting
of this information. The information shall be provided to the governor, the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance, and the Legislative Reference Library in electronic
form by December 1, 2014.
new text end
Sec. 7. new text begin MENTALLY ILL OFFENDERS ARRESTED OR SUBJECT TO
ARREST; WORKING GROUP.
new text end
new text begin Subdivision 1. new text end
new text begin
Working group established; study and draft legislation required.
new text end
new text begin
The commissioner of human services may convene a working group to address issues
related to offenders with mental illness who are arrested or subject to arrest. The working
group shall consider the special needs of these offenders and determine how best to
provide for these needs. Specifically, the group shall consider the efficacy of a facility
that would serve as a central point for accepting, assessing, and addressing the needs of
offenders with mental illness brought in by law enforcement as an alternative to arrest or
following arrest. The facility would consolidate and coordinate existing resources as well
as offer new resources that would provide a continuum of care addressing the immediate,
short-term, and long-term needs of these offenders. The facility would do the following for
these offenders: perform timely, credible, and useful mental health assessments; identify
community placement opportunities; coordinate community care; make recommendations
concerning pretrial release when appropriate; and, in some cases, provide direct services
to offenders at the facility or in nearby jails. The working group shall establish criteria
to determine which offenders may be admitted to the facility. The facility would be
located in the metropolitan region and serve the needs of nearby counties. The facility
would represent a partnership between the state, local units of government, and the private
sector. In addition, the working group may consider how similar facilities could function
in outstate areas. When studying this issue, the working group shall examine what other
states have done in this area to determine what programs have been successful and use
those programs as models in developing the program in Minnesota. The working group
may also study and make recommendations on other ways to improve the process for
addressing and assisting these offenders. The commissioner shall enter into an agreement
with NAMI Minnesota to carry out the work of the working group.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
The commissioner shall ensure that the working group
has expertise and a broad range of interests represented, including, but not limited to:
prosecutors; law enforcement, including jail staff; correctional officials; probation
officials; criminal defense attorneys; judges; county and city officials; mental health
advocates; mental health professionals; and hospital and health care officials.
new text end
new text begin Subd. 3. new text end
new text begin Administrative issues. new text end
new text begin
(a) The commissioner shall convene the first
meeting of the working group by September 1, 2014. NAMI Minnesota shall provide
meeting space and administrative support to the working group. The working group shall
select a chair from among its members.
new text end
new text begin
(b) The commissioner may solicit in-kind support from work group member
agencies to accomplish its assigned duties.
new text end
new text begin Subd. 4. new text end
new text begin Report required. new text end
new text begin
By January 1, 2015, the working group shall submit a
report to the chairs and ranking minority members of the senate and house of representatives
committees and divisions having jurisdiction over human services and public safety. The
report must summarize the working group's activities and include its recommendations
and draft legislation. The recommendations must be specific and include estimates of the
costs involved in implementing the recommendations, including the funding sources that
might be used to pay for it. The working group shall explore potential funding sources
at the federal, local, and private levels, and provide this information in the report. In
addition, the report must include draft legislation to implement the recommendations.
new text end
Sec. 8. new text begin RECOMMENDATIONS; DRAFT LEGISLATION; IMPLEMENTATION
PLAN; UNIFORM PUBLIC ASSISTANCE PROGRAM ELIGIBILITY.
new text end
new text begin
The commissioner of human services, in consultation with counties, tribes, and
program participants, shall prepare draft legislation to implement uniform public
assistance program eligibility and verification for the following programs: general
assistance under Minnesota Statutes, chapter 256D; Minnesota supplemental aid under
Minnesota Statutes, chapter 256D; group residential housing under Minnesota Statutes,
chapter 256I; and the Minnesota family investment program under Minnesota Statutes,
chapter 256J. In order to provide further uniformity and simplification of assistance
programs under Minnesota Statutes, chapters 256D, 256I, and 256J, the commissioner
of human services, in consultation with counties, tribes, and program participants, may
prepare legislation to plan for the implementation of prospective budgeting, three-month
reporting, uniform reporting, and budgeting standards. The commissioner may provide
recommendations and a plan for implementation to the legislative committees with
jurisdiction over health and human services policy and finance.
new text end
Sec. 9. new text begin DETOXIFICATION SERVICES; INSTRUCTIONS TO THE
COMMISSIONER.
new text end
new text begin
The commissioner of human services shall develop a plan to include detoxification
services as a covered medical assistance benefit and present the plan to the legislature
by December 15, 2014.
new text end
ARTICLE 31
HEALTH AND HUMAN SERVICES APPROPRIATIONS
Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2013, chapter 108, articles 14
and 15, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund and are available for the fiscal years indicated for each purpose.
The figures "2014" and "2015" used in this article mean that the addition to or subtraction
from the appropriation listed under them is available for the fiscal year ending June 30,
2014, or June 30, 2015, respectively. Supplemental appropriations and reductions to
appropriations for the fiscal year ending June 30, 2014, are effective the day following
final enactment unless a different effective date is explicit.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2014 new text end |
new text begin
2015 new text end |
|||||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
(1,073,000) new text end |
new text begin
91,953,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
(1,073,000) new text end |
new text begin
89,606,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
2,347,000 new text end |
new text begin
The appropriation modifications for
each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Central Office Operations
|
||||||
|
new text begin
(a) Operations new text end |
new text begin
-0- new text end |
new text begin
63,000 new text end |
||||
new text begin
Base adjustment. The general fund base is
decreased by $6,000 in fiscal years 2016 and
2017.
new text end
|
new text begin
(b) Children and Families new text end |
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
|
new text begin
(c) Health Care new text end |
new text begin
-0- new text end |
new text begin
113,000 new text end |
||||
new text begin
Base adjustment. The general fund base is
increased by $108,000 in fiscal years 2016
and 2017.
new text end
|
new text begin
(d) Continuing Care new text end |
new text begin
-0- new text end |
new text begin
1,084,000 new text end |
||||
new text begin
Base adjustment. The general fund base is
increased by $156,000 in fiscal year 2016
and $19,000 in fiscal year 2017.
new text end
|
new text begin
(e) Chemical and Mental Health new text end |
new text begin
-0- new text end |
new text begin
115,000 new text end |
||||
new text begin Subd. 3. new text end
new text begin
Forecasted Programs
|
||||||
|
new text begin
(a) MFIP/DWP new text end |
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
122,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
1,995,000 new text end |
|
new text begin
(b) Group Residential Housing new text end |
new text begin
-0- new text end |
new text begin
681,000 new text end |
||||
|
new text begin
(c) Medical Assistance new text end |
new text begin
(1,058,000) new text end |
new text begin
80,827,000 new text end |
||||
|
new text begin
(d) Alternative Care new text end |
new text begin
-0- new text end |
new text begin
965,000 new text end |
||||
new text begin Subd. 4. new text end
new text begin
Grant Programs
|
||||||
|
new text begin
(a) Children's Services Grants new text end |
new text begin
-0- new text end |
new text begin
(3,000) new text end |
||||
new text begin
Base adjustment. The general fund base is
increased by $9,000 in fiscal year 2017.
new text end
|
new text begin
(b) Child and Economic Support Grants new text end |
new text begin
-0- new text end |
new text begin
1,669,000 new text end |
||||
new text begin
new text begin Safe harbor. new text end $569,000 in fiscal year 2015
from the general fund is for housing and
supportive services for sexually exploited
youth.
new text end
new text begin
new text begin Homeless youth. new text end $1,100,000 in fiscal year
2015 is for purposes of Minnesota Statutes,
section 256K.45.
new text end
|
new text begin
(c) Aging and Adult Services Grants new text end |
new text begin
(15,000) new text end |
new text begin
1,541,000 new text end |
||||
new text begin
new text begin Senior nutrition. new text end $579,000 in fiscal year
2015 from the general fund is for congregate
dining services under Minnesota Statutes,
section 256.9752.
new text end
new text begin
Base adjustment. The general fund base is
decreased by $429,000 in fiscal year 2016
and $419,000 in fiscal year 2017.
new text end
|
new text begin
(d) Deaf and Hard-of-Hearing Grants new text end |
new text begin
-0- new text end |
new text begin
81,000 new text end |
||||
new text begin
Base adjustment. The general fund base is
increased by $6,000 in fiscal years 2016 and
2017.
new text end
|
new text begin
(e) Disabilities Grants new text end |
new text begin
-0- new text end |
new text begin
1,267,000 new text end |
||||
new text begin
Base adjustment. The general fund base is
increased by $224,000 in fiscal year 2016
and $233,000 in fiscal year 2017.
new text end
new text begin Subd. 5. new text end
new text begin
State-Operated Services
|
||||||
|
new text begin
(a) SOS Mental Health new text end |
new text begin
-0- new text end |
new text begin
881,000 new text end |
||||
new text begin
new text begin Civil commitments. new text end $35,000 in fiscal year
2015 is for developing an online training
program to help interested parties understand
the civil commitment process.
new text end
new text begin
Base adjustment. The general fund base is
increased by $213,000 in fiscal years 2016
and 2017.
new text end
|
new text begin
(b) SOS Enterprise Services new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
||||
new text begin
Community Addiction Recovery
Enterprise deficiency funding.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
254B.06, subdivision 1, $4,000,000 is
transferred in fiscal years 2014 and 2015
from the consolidated chemical dependency
treatment fund administrative account in the
special revenue fund and deposited into the
enterprise fund for the Community Addiction
Recovery Enterprise. This clause is effective
the day following final enactment.
new text end
new text begin Subd. 6. new text end
new text begin
Technical Activities
|
||||||
|
new text begin
MFIP Child Care Assistance new text end |
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
352,000 new text end |
Sec. 3. new text begin COMMISSIONER OF HEALTH.
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
867,000 new text end |
new text begin
$ new text end |
new text begin
1,701,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2014 new text end |
new text begin
2015 new text end |
|
|
new text begin
General new text end |
new text begin
1,050,000 new text end |
new text begin
1,894,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
817,000 new text end |
new text begin
807,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
(1,000,000) new text end |
new text begin
(1,000,000) new text end |
new text begin Subd. 2. new text end
new text begin
Health Improvement
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
75,000 new text end |
new text begin
1,719,000 new text end |
new text begin
new text begin Poison information centers. new text end $550,000
in fiscal year 2015 from the general fund
is for regional poison information centers
under Minnesota Statutes, section 145.93,
and is added to the base. The appropriation
is (1) to enhance staffing to meet national
accreditation standards; (2) for health care
provider education and training; (3) for
surveillance of emerging toxicology and
poison issues; and (4) to cooperate with local
public health officials on outreach efforts.
new text end
new text begin
Minority health disparity grants. $100,000
in fiscal year 2014 and $475,000 in fiscal
year 2015 are for the commissioner of health
to begin implementing recommendations of
the health equity report under Laws 2013,
chapter 108, article 12, section 102. This
funding is onetime and shall not become part
of base funding. Funds must be distributed
as follows:
new text end
new text begin
(1) $100,000 in fiscal year 2014 and
$100,000 in fiscal year 2015 are for dementia
outreach education and training grants
targeting minority communities under article
23, section 7;
new text end
new text begin
(2) $75,000 in fiscal year 2015 is for planning
and conducting a training conference on
immigrant and refugee mental health issues.
The conference shall include an emphasis
on mental health concerns in the Somali
community. Conference planning shall
include input from the Somali community
and other stakeholders. This is a onetime
appropriation;
new text end
new text begin
(3) up to $150,000 in fiscal year 2015 is
for additional grants, including but not
limited to a grant to a Somali women-led
health care agency. Grantees must use
community-based, participatory research to
address health inequities and provide services
through culturally specific, minority-centered
programs; and
new text end
new text begin
(4) remaining funds shall be used for
redesigning agency grant making to advance
health equity, ensuring that health equity and
the analysis of structural inequities become
integral aspects of all agency divisions and
programs, and awarding additional grants to
address health equity issues.
new text end
new text begin
new text begin Safe harbor. new text end $569,000 in fiscal year
2015 from the general fund is for grants
for comprehensive services, including
trauma-informed, culturally specific
services, for sexually exploited youth. The
commissioner shall use no more than 6.67
percent of these funds for administration of
the grants.
new text end
new text begin
Ambulance services in underserved areas.
$100,000 in fiscal year 2015 from the general
fund is for a grant to the Leech Lake Band
of Ojibwe ambulance service for equipment
upgrades necessary to meet the qualifications
for licensure as an advanced life support
ambulance service under Minnesota Statutes,
chapter 144E. This is a onetime appropriation.
new text end
new text begin
Base level adjustment. The general fund
base for fiscal year 2016 is $47,619,000.
The general fund base for fiscal year 2017
is $47,669,000.
new text end
new text begin Subd. 3. new text end
new text begin
Policy Quality and Compliance
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
75,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
-0- new text end |
new text begin
143,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
(1,000,000) new text end |
new text begin
(1,000,000) new text end |
new text begin
new text begin Legislative health care workforce
commission. new text end $75,000 in fiscal year 2015 is
for the health care workforce commission
in article 24, section 6. This is a onetime
appropriation.
new text end
new text begin
new text begin Spoken language health care interpreters.
new text end $81,000 in fiscal year 2015 from the state
government special revenue fund is to
develop a proposal to promote health equity
and quality health outcomes through changes
to laws governing spoken language health
care interpreters. The commissioner shall
consult with spoken language health care
interpreters, organizations that employ
these interpreters, organizations that pay for
interpreter services, health care providers
who use interpreters, clients who use
interpreters, and community organizations
serving non-English speaking populations.
The commissioner shall draft legislation
and submit a report that documents the
process followed and the rationale for
the recommendations to the committees
with jurisdiction over health and human
services by January 15, 2015. In drafting the
legislation and report, the commissioner must
consider input received from individuals and
organizations consulted and must address
issues related to:
new text end
new text begin
(1) qualifications for spoken language health
care interpreters that assure quality service to
health care providers and their patients;
new text end
new text begin
(2) methods to support the education and
skills development of spoken language health
care interpreters serving Minnesotans;
new text end
new text begin
(3) the role of an advisory council in
maintaining a quality system for spoken
language health care interpreting in
Minnesota;
new text end
new text begin
(4) management of complaints regarding
spoken language health care interpreters,
including investigation and enforcement
actions;
new text end
new text begin
(5) an appropriate structure for oversight of
spoken language health care interpreters,
including administrative and technology
requirements; and
new text end
new text begin
(6) other issues that address qualifications,
quality, access, and affordability of spoken
language interpreter services.
new text end
new text begin
This is a onetime appropriation.
new text end
new text begin
Base level adjustment. The state
government special revenue fund base
for fiscal years 2016 and 2017 shall be
$16,529,000.
new text end
new text begin Subd. 4. new text end
new text begin
Health Protection
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
0 new text end |
new text begin
100,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
817,000 new text end |
new text begin
648,000 new text end |
new text begin
Healthy housing. $100,000 in fiscal year
2015 from the general fund is for education
and training grants under Minnesota Statutes,
section 144.9513, subdivision 3, and is added
to the base.
new text end
new text begin Subd. 5. new text end
new text begin
Administrative Support Services
|
new text begin
975,000 new text end |
new text begin
16,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
975,000 new text end |
new text begin
-0- new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
-0- new text end |
new text begin
16,000 new text end |
new text begin
Lawsuit settlement. In fiscal year 2014,
$975,000 from the general fund is a onetime
appropriation for the cost of settling the
lawsuit Bearder v. State.
new text end
Sec. 4. new text begin OMBUDSMAN FOR MENTAL
|
new text begin
$ new text end |
new text begin
100,000 new text end |
new text begin
$ new text end |
new text begin
100,000 new text end |
||
Sec. 5.
Laws 2013, chapter 1, section 6, as amended by Laws 2013, chapter 108,
article 6, section 32, is amended to read:
Sec. 6. TRANSFER.
(a) The commissioner of management and budget shall transfer from the health care
access fund to the general fund up to $21,319,000 in fiscal year 2014; up to $42,314,000
in fiscal year 2015; up to $56,147,000 in fiscal year 2016; and up to $64,683,000 in fiscal
year 2017.
(b) The commissioner of human services shall determine the difference between the
actual or forecasted cost to the medical assistance program of adding 19- and 20-year-olds
and parents and relative caretaker populations with income between 100 and 138 percent of
the federal poverty guidelines and the cost of adding those populations that was estimated
during the 2013 legislative session based on the data from the February 2013 forecast.
(c) For each fiscal year from 2014 to 2017, the commissioner of human services shall
certify and report to the commissioner of management and budget the actual or deleted text begin forecasted
deleted text end new text begin estimated new text end cost difference of adding 19- and 20-year-olds and parents and relative caretaker
populations with income between 100 and 138 percent of the federal poverty guidelines,
as determined under paragraph (b), to the commissioner of management and budget at
least four weeks prior to the release of a forecast under Minnesota Statutes, section
16A.103, of each fiscal year.
(d) deleted text begin No later than three weeks before the release of the forecastdeleted text end new text begin For fiscal years 2014 to
2017, forecasts new text end under Minnesota Statutes, section 16A.103, new text begin prepared by new text end the commissioner
of management and budget shall deleted text begin reduce thedeleted text end new text begin include actual or estimated adjustments to
new text end health care access fund deleted text begin transferdeleted text end new text begin transfers new text end in paragraph (a), deleted text begin by the cumulative differences in
costs reported by the commissioner of human services underdeleted text end new text begin according to new text end paragraph deleted text begin (c)
deleted text end new text begin (e)new text end . deleted text begin If, for any fiscal year, the amount of the cumulative cost differences determined under
paragraph (b) is positive, no change is made to the appropriation. If, for any fiscal year,
the amount of the cumulative cost differences determined under paragraph (b) is less than
the amount of the original appropriation, the appropriation for that year must be zero.
deleted text end
new text begin
(e) For each fiscal year from 2014 to 2017, the commissioner of management and
budget must adjust the transfer amounts in paragraph (a) by the cumulative difference in
costs reported by the commissioner of human services under paragraph (c). If, for any
fiscal year, the amount of the cumulative difference in costs reported under paragraph (c)
is positive, no adjustment shall be made.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2013.
new text end
Sec. 6.
Laws 2013, chapter 108, article 14, section 2, subdivision 5, is amended to read:
Subd. 5.Forecasted Programs
|
||||||
The amounts that may be spent from this
appropriation for each purpose are as follows:
|
(a) MFIP/DWP |
||||||
| Appropriations by Fund |
||
| General |
72,583,000 |
76,927,000 |
| Federal TANF |
80,342,000 |
76,851,000 |
|
(b) MFIP Child Care Assistance |
61,701,000 |
69,294,000 |
||||
|
(c) General Assistance |
54,787,000 |
56,068,000 |
||||
General Assistance Standard. The
commissioner shall set the monthly standard
of assistance for general assistance units
consisting of an adult recipient who is
childless and unmarried or living apart
from parents or a legal guardian at $203.
The commissioner may reduce this amount
according to Laws 1997, chapter 85, article
3, section 54.
Emergency General Assistance. The
amount appropriated for emergency general
assistance funds is limited to no more
than $6,729,812 in fiscal year 2014 and
$6,729,812 in fiscal year 2015. Funds
to counties shall be allocated by the
commissioner using the allocation method in
Minnesota Statutes, section 256D.06.
|
(d) MN Supplemental Assistance |
38,646,000 |
39,821,000 |
||||
|
(e) Group Residential Housing |
141,138,000 |
150,988,000 |
||||
|
(f) MinnesotaCare |
297,707,000 |
247,284,000 |
||||
This appropriation is from the health care
access fund.
|
(g) Medical Assistance |
||||||
| Appropriations by Fund |
||
| General |
4,443,768,000 |
4,431,612,000 |
| Health Care Access |
179,550,000 |
226,081,000 |
new text begin
Base Adjustment. The health care access
fund base is $221,035,000 in fiscal year 2016
and $221,035,000 in fiscal year 2017.
new text end
Spending to be apportioned. The
commissioner shall apportion expenditures
under this paragraph consistent with the
requirements of section 12.
Support Services for Deaf and
Hard-of-Hearing. $121,000 in fiscal
year 2014 and $141,000 in fiscal year 2015;
and $10,000 in fiscal year 2014 and $13,000
in fiscal year 2015 are from the health care
access fund for the hospital reimbursement
increase in Minnesota Statutes, section
256.969, subdivision 29, paragraph (b).
Disproportionate Share Payments.
Effective for services provided on or after
July 1, 2011, through June 30, 2015, the
commissioner of human services shall
deposit, in the health care access fund,
additional federal matching funds received
under Minnesota Statutes, section 256B.199,
paragraph (e), as disproportionate share
hospital payments for inpatient hospital
services provided under MinnesotaCare to
lawfully present noncitizens who are not
eligible for MinnesotaCare with federal
financial participation due to immigration
status. The amount deposited shall not exceed
$2,200,000 for the time period specified.
Funding for Services Provided to EMA
Recipients. $2,200,000 in fiscal year 2014 is
from the health care access fund to provide
services to emergency medical assistance
recipients under Minnesota Statutes, section
256B.06, subdivision 4, paragraph (l). This
is a onetime appropriation and is available in
either year of the biennium.
|
(h) Alternative Care |
50,776,000 |
54,922,000 |
||||
Alternative Care Transfer. Any money
allocated to the alternative care program that
is not spent for the purposes indicated does
not cancel but shall be transferred to the
medical assistance account.
|
(i) CD Treatment Fund |
81,440,000 |
74,875,000 |
||||
Balance Transfer. The commissioner must
transfer $18,188,000 from the consolidated
chemical dependency treatment fund to the
general fund by September 30, 2013.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2013.
new text end
Sec. 7.
Laws 2013, chapter 108, article 14, section 2, subdivision 6, as amended by
Laws 2013, chapter 144, section 25, is amended to read:
Subd. 6.Grant Programs
|
||||||
The amounts that may be spent from this
appropriation for each purpose are as follows:
|
(a) Support Services Grants |
||||||
| Appropriations by Fund |
||
| General |
8,915,000 |
13,333,000 |
| Federal TANF |
94,611,000 |
94,611,000 |
Paid Work Experience. $2,168,000
each year in fiscal years 2015 and 2016
is from the general fund for paid work
experience for long-term MFIP recipients.
Paid work includes full and partial wage
subsidies and other related services such as
job development, marketing, preworksite
training, job coaching, and postplacement
services. These are onetime appropriations.
Unexpended funds for fiscal year 2015 do not
cancel, but are available to the commissioner
for this purpose in fiscal year 2016.
Work Study Funding for MFIP
Participants. $250,000 each year in fiscal
years 2015 and 2016 is from the general fund
to pilot work study jobs for MFIP recipients
in approved postsecondary education
programs. This is a onetime appropriation.
Unexpended funds for fiscal year 2015 do
not cancel, but are available for this purpose
in fiscal year 2016.
Local Strategies to Reduce Disparities.
$2,000,000 each year in fiscal years 2015
and 2016 is from the general fund for
local projects that focus on services for
subgroups within the MFIP caseload
who are experiencing poor employment
outcomes. These are onetime appropriations.
Unexpended funds for fiscal year 2015 do not
cancel, but are available to the commissioner
for this purpose in fiscal year 2016.
Home Visiting Collaborations for MFIP
Teen Parents. $200,000 per year in fiscal
years 2014 and 2015 is from the general fund
and $200,000 in fiscal year 2016 is from the
federal TANF fund for technical assistance
and training to support local collaborations
that provide home visiting services for
MFIP teen parents. The general fund
appropriation is onetime. The federal TANF
fund appropriation is added to the base.
Performance Bonus Funds for Counties.
The TANF fund base is increased by
$1,500,000 each year in fiscal years 2016
and 2017. The commissioner must allocate
this amount each year to counties that exceed
their expected range of performance on the
annualized three-year self-support index
as defined in Minnesota Statutes, section
256J.751, subdivision 2, clause (6). This is a
permanent base adjustment. Notwithstanding
any contrary provisions in this article, this
provision expires June 30, 2016.
Base Adjustment. The general fund base is
decreased by $200,000 in fiscal year 2016
and $4,618,000 in fiscal year 2017. The
TANF fund base is increased by $1,700,000
in fiscal years 2016 and 2017.
|
(b) Basic Sliding Fee Child Care Assistance Grants |
36,836,000 |
42,318,000 |
||||
Base Adjustment. The general fund base is
increased by $3,778,000 in fiscal year 2016
and by $3,849,000 in fiscal year 2017.
|
(c) Child Care Development Grants |
1,612,000 |
1,737,000 |
||||
|
(d) Child Support Enforcement Grants |
50,000 |
50,000 |
||||
Federal Child Support Demonstration
Grants. Federal administrative
reimbursement resulting from the federal
child support grant expenditures authorized
under United States Code, title 42, section
1315, is appropriated to the commissioner
for this activity.
|
(e) Children's Services Grants |
||||||
| Appropriations by Fund |
||
| General |
49,760,000 |
52,961,000 |
| Federal TANF |
140,000 |
140,000 |
Adoption Assistance and Relative Custody
Assistance. deleted text begin $37,453,000deleted text end new text begin $36,456,000
new text end in fiscal year 2014 and deleted text begin $37,453,000
deleted text end new text begin $36,855,000new text end in fiscal year 2015 is for the
adoption assistance and relative custody
assistance programs. The commissioner
shall determine with the commissioner of
Minnesota Management and Budget the
appropriation for Northstar Care for Children
effective January 1, 2015. The commissioner
may transfer appropriations for adoption
assistance, relative custody assistance, and
Northstar Care for Children between fiscal
years and among programs to adjust for
transfers across the programs.
Title IV-E Adoption Assistance. Additional
federal reimbursements to the state as a result
of the Fostering Connections to Success
and Increasing Adoptions Act's expanded
eligibility for Title IV-E adoption assistance
are appropriated for postadoption services,
including a parent-to-parent support network.
Privatized Adoption Grants. Federal
reimbursement for privatized adoption grant
and foster care recruitment grant expenditures
is appropriated to the commissioner for
adoption grants and foster care and adoption
administrative purposes.
Adoption Assistance Incentive Grants.
Federal funds available during fiscal years
2014 and 2015 for adoption incentive grants
are appropriated for postadoption services,
including a parent-to-parent support network.
Base Adjustment. The general fund base is
increased by $5,913,000 in fiscal year 2016
and by $10,297,000 in fiscal year 2017.
|
(f) Child and Community Service Grants |
53,301,000 |
53,301,000 |
||||
|
(g) Child and Economic Support Grants |
21,047,000 |
20,848,000 |
||||
Minnesota Food Assistance Program.
Unexpended funds for the Minnesota food
assistance program for fiscal year 2014 do
not cancel but are available for this purpose
in fiscal year 2015.
Transitional Housing. $250,000 each year
is for the transitional housing programs under
Minnesota Statutes, section 256E.33.
Emergency Services. $250,000 each year
is for emergency services grants under
Minnesota Statutes, section 256E.36.
Family Assets for Independence. $250,000
each year is for the Family Assets for
Independence Minnesota program. This
appropriation is available in either year of the
biennium and may be transferred between
fiscal years.
Food Shelf Programs. $375,000 in fiscal
year 2014 and $375,000 in fiscal year
2015 are for food shelf programs under
Minnesota Statutes, section 256E.34. If the
appropriation for either year is insufficient,
the appropriation for the other year is
available for it. Notwithstanding Minnesota
Statutes, section 256E.34, subdivision 4, no
portion of this appropriation may be used
by Hunger Solutions for its administrative
expenses, including but not limited to rent
and salaries.
Homeless Youth Act. $2,000,000 in fiscal
year 2014 and $2,000,000 in fiscal year 2015
is for purposes of Minnesota Statutes, section
256K.45.
Safe Harbor Shelter and Housing.
$500,000 in fiscal year 2014 and $500,000 in
fiscal year 2015 is for a safe harbor shelter
and housing fund for housing and supportive
services for youth who are sexually exploited.
new text begin
new text begin High-risk adults. new text end $200,000 in fiscal
year 2014 is for a grant to the nonprofit
organization selected to administer the
demonstration project for high-risk adults
under Laws 2007, chapter 54, article 1,
section 19, in order to complete the project.
This is a onetime appropriation.
new text end
|
(h) Health Care Grants |
||||||
| Appropriations by Fund |
||
| General |
190,000 |
190,000 |
| Health Care Access |
190,000 |
190,000 |
Emergency Medical Assistance Referral
and Assistance Grants. (a) The
commissioner of human services shall
award grants to nonprofit programs that
provide immigration legal services based
on indigency to provide legal services for
immigration assistance to individuals with
emergency medical conditions or complex
and chronic health conditions who are not
currently eligible for medical assistance
or other public health care programs, but
who may meet eligibility requirements with
immigration assistance.
(b) The grantees, in collaboration with
hospitals and safety net providers, shall
provide referral assistance to connect
individuals identified in paragraph (a) with
alternative resources and services to assist in
meeting their health care needs. $100,000
is appropriated in fiscal year 2014 and
$100,000 in fiscal year 2015. This is a
onetime appropriation.
Base Adjustment. The general fund is
decreased by $100,000 in fiscal year 2016
and $100,000 in fiscal year 2017.
|
(i) Aging and Adult Services Grants |
14,827,000 |
15,010,000 |
||||
Base Adjustment. The general fund is
increased by $1,150,000 in fiscal year 2016
and $1,151,000 in fiscal year 2017.
Community Service Development
Grants and Community Services Grants.
Community service development grants and
community services grants are reduced by
$1,150,000 each year. This is a onetime
reduction.
|
(j) Deaf and Hard-of-Hearing Grants |
1,771,000 |
1,785,000 |
||||
|
(k) Disabilities Grants |
18,605,000 |
18,823,000 |
||||
Advocating Change Together. $310,000 in
fiscal year 2014 is for a grant to Advocating
Change Together (ACT) to maintain and
promote services for persons with intellectual
and developmental disabilities throughout
the state. This appropriation is onetime. Of
this appropriation:
(1) $120,000 is for direct costs associated
with the delivery and evaluation of
peer-to-peer training programs administered
throughout the state, focusing on education,
employment, housing, transportation, and
voting;
(2) $100,000 is for delivery of statewide
conferences focusing on leadership and
skill development within the disability
community; and
(3) $90,000 is for administrative and general
operating costs associated with managing
or maintaining facilities, program delivery,
staff, and technology.
Base Adjustment. The general fund base
is increased by $535,000 in fiscal year 2016
and by $709,000 in fiscal year 2017.
|
(l) Adult Mental Health Grants |
||||||
| Appropriations by Fund |
||
| General |
71,199,000 |
69,530,000 |
| Health Care Access |
750,000 |
750,000 |
| Lottery Prize |
1,733,000 |
1,733,000 |
Compulsive Gambling Treatment. Of the
general fund appropriation, $602,000 in
fiscal year 2014 and $747,000 in fiscal year
2015 are for compulsive gambling treatment
under Minnesota Statutes, section 297E.02,
subdivision 3, paragraph (c).
Problem Gambling. $225,000 in fiscal year
2014 and $225,000 in fiscal year 2015 is
appropriated from the lottery prize fund for a
grant to the state affiliate recognized by the
National Council on Problem Gambling. The
affiliate must provide services to increase
public awareness of problem gambling,
education and training for individuals and
organizations providing effective treatment
services to problem gamblers and their
families, and research relating to problem
gambling.
Funding Usage. Up to 75 percent of a fiscal
year's appropriations for adult mental health
grants may be used to fund allocations in that
portion of the fiscal year ending December
31.
Base Adjustment. The general fund base is
decreased by $4,427,000 in fiscal years 2016
and 2017.
Mental Health Pilot Project. $230,000
each year is for a grant to the Zumbro
Valley Mental Health Center. The grant
shall be used to implement a pilot project
to test an integrated behavioral health care
coordination model. The grant recipient must
report measurable outcomes and savings
to the commissioner of human services
by January 15, 2016. This is a onetime
appropriation.
deleted text begin
High-risk adults. $200,000 in fiscal
year 2014 is for a grant to the nonprofit
organization selected to administer the
demonstration project for high-risk adults
under Laws 2007, chapter 54, article 1,
section 19, in order to complete the project.
This is a onetime appropriation.
deleted text end
|
(m) Child Mental Health Grants |
18,246,000 |
20,636,000 |
||||
Text Message Suicide Prevention
Program. $625,000 in fiscal year 2014 and
$625,000 in fiscal year 2015 is for a grant
to a nonprofit organization to establish and
implement a statewide text message suicide
prevention program. The program shall
implement a suicide prevention counseling
text line designed to use text messaging to
connect with crisis counselors and to obtain
emergency information and referrals to
local resources in the local community. The
program shall include training within schools
and communities to encourage the use of the
program.
Mental Health First Aid Training. $22,000
in fiscal year 2014 and $23,000 in fiscal
year 2015 is to train teachers, social service
personnel, law enforcement, and others who
come into contact with children with mental
illnesses, in children and adolescents mental
health first aid training.
Funding Usage. Up to 75 percent of a fiscal
year's appropriation for child mental health
grants may be used to fund allocations in that
portion of the fiscal year ending December
31.
|
(n) CD Treatment Support Grants |
1,816,000 |
1,816,000 |
||||
SBIRT Training. (1) $300,000 each year is
for grants to train primary care clinicians to
provide substance abuse brief intervention
and referral to treatment (SBIRT). This is a
onetime appropriation. The commissioner of
human services shall apply to SAMHSA for
an SBIRT professional training grant.
(2) If the commissioner of human services
receives a grant under clause (1) funds
appropriated under this clause, equal to
the grant amount, up to the available
appropriation, shall be transferred to the
Minnesota Organization on Fetal Alcohol
Syndrome (MOFAS). MOFAS must use
the funds for grants. Grant recipients must
be selected from communities that are
not currently served by federal Substance
Abuse Prevention and Treatment Block
Grant funds. Grant money must be used to
reduce the rates of fetal alcohol syndrome
and fetal alcohol effects, and the number of
drug-exposed infants. Grant money may be
used for prevention and intervention services
and programs, including, but not limited to,
community grants, professional eduction,
public awareness, and diagnosis.
Fetal Alcohol Syndrome Grant. $180,000
each year from the general fund is for a
grant to the Minnesota Organization on Fetal
Alcohol Syndrome (MOFAS) to support
nonprofit Fetal Alcohol Spectrum Disorders
(FASD) outreach prevention programs
in Olmsted County. This is a onetime
appropriation.
Base Adjustment. The general fund base is
decreased by $480,000 in fiscal year 2016
and $480,000 in fiscal year 2017.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2013.
new text end
Sec. 8.
Laws 2013, chapter 108, article 14, section 3, subdivision 1, is amended to read:
Subdivision 1.Total Appropriation
|
$ |
deleted text begin
169,326,000 deleted text end new text begin 169,026,000 new text end |
$ |
deleted text begin
165,531,000 deleted text end new text begin 165,231,000 new text end |
||
| Appropriations by Fund |
||
| 2014 |
2015 |
|
| General |
79,476,000 |
74,256,000 |
| State Government Special Revenue |
48,094,000 |
50,119,000 |
| Health Care Access |
29,743,000 |
29,143,000 |
| Federal TANF |
11,713,000 |
11,713,000 |
|
deleted text begin
Special Revenue deleted text end |
deleted text begin
300,000 deleted text end |
deleted text begin
300,000 deleted text end |
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Sec. 9.
Laws 2013, chapter 108, article 14, section 3, subdivision 4, is amended to read:
Subd. 4.Health Protection
|
||||||
| Appropriations by Fund |
||
| General |
9,201,000 |
9,201,000 |
| State Government Special Revenue |
32,633,000 |
32,636,000 |
|
deleted text begin
Special Revenue deleted text end |
deleted text begin
300,000 deleted text end |
deleted text begin
300,000 deleted text end |
Infectious Disease Laboratory. Of the
general fund appropriation, $200,000 in
fiscal year 2014 and $200,000 in fiscal year
2015 are to monitor infectious disease trends
and investigate infectious disease outbreaks.
Surveillance for Elevated Blood Lead
Levels. Of the general fund appropriation,
$100,000 in fiscal year 2014 and $100,000
in fiscal year 2015 are for the blood lead
surveillance system under Minnesota
Statutes, section 144.9502.
Base Level Adjustment. The state
government special revenue base is increased
by $6,000 in fiscal year 2016 and by $13,000
in fiscal year 2017.
Sec. 10.
Laws 2013, chapter 108, article 14, section 4, subdivision 8, is amended to read:
Subd. 8.Board of Nursing Home
|
3,742,000 |
2,252,000 |
||||
Administrative Services Unit - Operating
Costs. Of this appropriation, $676,000
in fiscal year 2014 and $626,000 in
fiscal year 2015 are for operating costs
of the administrative services unit. The
administrative services unit may receive
and expend reimbursements for services
performed by other agencies.
Administrative Services Unit - Volunteer
Health Care Provider Program. Of this
appropriation, $150,000 in fiscal year 2014
and $150,000 in fiscal year 2015 are to pay
for medical professional liability coverage
required under Minnesota Statutes, section
214.40.
Administrative Services Unit - Contested
Cases and Other Legal Proceedings. Of
this appropriation, $200,000 in fiscal year
2014 and $200,000 in fiscal year 2015 are
for costs of contested case hearings and other
unanticipated costs of legal proceedings
involving health-related boards funded
under this section. Upon certification of a
health-related board to the administrative
services unit that the costs will be incurred
and that there is insufficient money available
to pay for the costs out of money currently
available to that board, the administrative
services unit is authorized to transfer money
from this appropriation to the board for
payment of those costs with the approval
of the commissioner of management and
budget.new text begin This appropriation does not cancel
and is available until expended.
new text end
This appropriation includes $44,000 in
fiscal year 2014 for rulemaking. This is
a onetime appropriation. $1,441,000 in
fiscal year 2014 and $420,000 in fiscal year
2015 are for the development of a shared
disciplinary, regulatory, licensing, and
information management system. $391,000
in fiscal year 2014 is a onetime appropriation
for retirement costs in the health-related
boards. This funding may be transferred to
the health boards incurring retirement costs.
These funds are available either year of the
biennium.
This appropriation includes $16,000 in fiscal
years 2014 and 2015 for evening security,
$2,000 in fiscal years 2014 and 2015 for a
state vehicle lease, and $18,000 in fiscal
years 2014 and 2015 for shared office space
and administrative support. $205,000 in
fiscal year 2014 and $221,000 in fiscal year
2015 are for shared information technology
services, equipment, and maintenance.
The remaining balance of the state
government special revenue fund
appropriation in Laws 2011, First Special
Session chapter 9, article 10, section 8,
subdivision 8, for Board of Nursing Home
Administrators rulemaking, estimated to
be $44,000, is canceled, and the remaining
balance of the state government special
revenue fund appropriation in Laws 2011,
First Special Session chapter 9, article 10,
section 8, subdivision 8, for electronic
licensing system adaptors, estimated to be
$761,000, and for the development and
implementation of a disciplinary, regulatory,
licensing, and information management
system, estimated to be $1,100,000, are
canceled. This paragraph is effective the day
following final enactment.
Base Adjustment. The base is decreased by
$370,000 in fiscal years 2016 and 2017.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2013.
new text end
Sec. 11.
Laws 2013, chapter 108, article 14, section 12, is amended to read:
Sec. 12. APPROPRIATION ADJUSTMENTS.
(a) The general fund appropriation in section 2, subdivision 5, paragraph (g),
includes up to $53,391,000 in fiscal year 2014; $216,637,000 in fiscal year 2015;
$261,660,000 in fiscal year 2016; and $279,984,000 in fiscal year 2017, for medical
assistance eligibility and administration changes related to:
(1) eligibility for children age two to 18 with income up to 275 percent of the federal
poverty guidelines;
(2) eligibility for pregnant women with income up to 275 percent of the federal
poverty guidelines;
(3) Affordable Care Act enrollment and renewal processes, including elimination
of six-month renewals, ex parte eligibility reviews, preprinted renewal forms, changes
in verification requirements, and other changes in the eligibility determination and
enrollment and renewal process;
(4) automatic eligibility for children who turn 18 in foster care until they reach age 26;
(5) eligibility related to spousal impoverishment provisions for waiver recipients; and
(6) presumptive eligibility determinations by hospitals.
(b) the commissioner of human services shall determine the difference between the
actual or deleted text begin forecasteddeleted text end new text begin estimated new text end costs to the medical assistance program attributable to
the program changes in paragraph (a), clauses (1) to (6), and the costs of paragraph (a),
clauses (1) to (6), that were estimated during the 2013 legislative session based on data
from the 2013 February forecast. deleted text begin The costs in this paragraph must be calculated between
January 1, 2014, and June 30, 2017.
deleted text end
(c) For each fiscal year from 2014 to 2017, the commissioner of human services
shall certify the actual or deleted text begin forecasteddeleted text end new text begin estimated new text end cost differences to the medical assistance
program determined under paragraph (b), and report the difference in costs to the
commissioner of management and budget at least four weeks prior to a forecast under
Minnesota Statutes, section 16A.103. deleted text begin No later than three weeks before the release of
the forecastdeleted text end new text begin For fiscal years 2014 to 2017, forecasts new text end under Minnesota Statutes, section
16A.103, new text begin prepared by new text end the commissioner of management and budget shall deleted text begin reducedeleted text end new text begin include
actual or estimated adjustments to new text end the health care access fund appropriation in section
2, subdivision 5, paragraph (g), deleted text begin by the cumulative difference in costs determined in
deleted text end new text begin according to new text end paragraph deleted text begin (b)deleted text end new text begin (d)new text end . deleted text begin If for any fiscal year, the amount of the cumulative cost
differences determined under paragraph (b) is positive, no adjustment shall be made to the
health care access fund appropriation. If for any fiscal year, the amount of the cumulative
cost differences determined under paragraph (b) is less than the original appropriation, the
appropriation for that fiscal year is zero.
deleted text end
(d) new text begin For each fiscal year from 2014 to 2017, the commissioner of management and
budget must adjust the health care access fund appropriation by the cumulative difference
in costs reported by the commissioner of human services under paragraph (b). If, for any
fiscal year, the amount of the cumulative difference in costs determined under paragraph
(b) is positive, no adjustment shall be made to the health care access fund appropriation.
new text end
new text begin (e) new text end This section expires on January 1, 2018.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2013.
new text end
Sec. 12. new text begin EXPIRATION OF UNCODIFIED LANGUAGE.
new text end
new text begin
All uncodified language in this article expires on June 30, 2015, unless a different
expiration date is specified.
new text end
ARTICLE 32
HUMAN SERVICES FORECAST ADJUSTMENT
Section 1. new text begin HUMAN SERVICES APPROPRIATION.new text end
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, are subtracted from the appropriations in Laws 2013, chapter 108, article
14, from the general fund or any fund named to the Department of Human Services for
the purposes specified in this article, to be available for the fiscal year indicated for each
purpose. The figures "2014" and "2015" used in this article mean that the appropriations
listed under them are available for the fiscal years ending June 30, 2014, or June 30, 2015,
respectively. "The first year" is fiscal year 2014. "The second year" is fiscal year 2015.
"The biennium" is fiscal years 2014 and 2015.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2014 new text end |
new text begin
2015 new text end |
|||||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(196,927) new text end |
new text begin
$ new text end |
new text begin
64,288 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
(153,497) new text end |
new text begin
(25,282) new text end |
|
new text begin
Health Care Access Fund new text end |
new text begin
(36,533) new text end |
new text begin
91,294 new text end |
|
new text begin
Federal TANF new text end |
new text begin
(6,897) new text end |
new text begin
(1,724) new text end |
new text begin Subd. 2. new text end
new text begin
Forecasted Programs
|
||||||
|
new text begin
(a) MFIP/DWP new text end |
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
3,571 new text end |
new text begin
173 new text end |
|
new text begin
Federal TANF new text end |
new text begin
(6,475) new text end |
new text begin
(1,298) new text end |
|
new text begin
(b) MFIP Child Care Assistance new text end |
new text begin
(684) new text end |
new text begin
11,114 new text end |
||||
|
new text begin
(c) General Assistance new text end |
new text begin
(2,569) new text end |
new text begin
(1,940) new text end |
||||
|
new text begin
(d) Minnesota Supplemental Aid new text end |
new text begin
(690) new text end |
new text begin
(614) new text end |
||||
|
new text begin
(e) Group Residential Housing new text end |
new text begin
250 new text end |
new text begin
(1,740) new text end |
||||
|
new text begin
(f) MinnesotaCare new text end |
new text begin
(34,838) new text end |
new text begin
96,340 new text end |
||||
new text begin
These appropriations are from the health care
access fund.
new text end
|
new text begin
(g) Medical Assistance new text end |
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
(149,494) new text end |
new text begin
(27,075) new text end |
|
new text begin
Health Care Access Fund new text end |
new text begin
(1,695) new text end |
new text begin
(5,046) new text end |
|
new text begin
(h) Alternative Care Program new text end |
new text begin
(6,936) new text end |
new text begin
(13,260) new text end |
||||
|
new text begin
(i) CCDTF Entitlements new text end |
new text begin
3,055 new text end |
new text begin
8,060 new text end |
||||
new text begin Subd. 3. new text end
new text begin
Technical Activities
|
new text begin
(422) new text end |
new text begin
(426) new text end |
||||
new text begin
These appropriations are from the federal
TANF fund.
new text end
Sec. 3.
Laws 2013, chapter 108, article 14, section 2, subdivision 1, is amended to read:
Subdivision 1.Total Appropriation
|
$ |
deleted text begin
6,438,485,000 deleted text end new text begin 6,437,815,000 new text end |
$ |
deleted text begin
6,457,117,000 deleted text end new text begin 6,456,311,000 new text end |
||
| Appropriations by Fund |
||
| 2014 |
2015 |
|
| General |
deleted text begin
5,654,765,000 deleted text end new text begin 5,654,095,000 new text end |
deleted text begin
5,677,458,000 deleted text end new text begin 5,676,652,000 new text end |
| State Government Special Revenue |
4,099,000 |
4,510,000 |
| Health Care Access |
519,816,000 |
518,446,000 |
| Federal TANF |
257,915,000 |
254,813,000 |
| Lottery Prize Fund |
1,890,000 |
1,890,000 |
Receipts for Systems Projects.
Appropriations and federal receipts for
information systems projects for MAXIS,
PRISM, MMIS, and SSIS must be deposited
in the state system account authorized
in Minnesota Statutes, section 256.014.
Money appropriated for computer projects
approved by the commissioner of Minnesota
information technology services, funded
by the legislature, and approved by the
commissioner of management and budget,
may be transferred from one project to
another and from development to operations
as the commissioner of human services
considers necessary. Any unexpended
balance in the appropriation for these
projects does not cancel but is available for
ongoing development and operations.
Nonfederal Share Transfers. The
nonfederal share of activities for which
federal administrative reimbursement is
appropriated to the commissioner may be
transferred to the special revenue fund.
ARRA Supplemental Nutrition Assistance
Benefit Increases. The funds provided for
food support benefit increases under the
Supplemental Nutrition Assistance Program
provisions of the American Recovery and
Reinvestment Act (ARRA) of 2009 must be
used for benefit increases beginning July 1,
2009.
Supplemental Nutrition Assistance
Program Employment and Training.
(1) Notwithstanding Minnesota Statutes,
sections 256D.051, subdivisions 1a, 6b,
and 6c, and 256J.626, federal Supplemental
Nutrition Assistance employment and
training funds received as reimbursement of
MFIP consolidated fund grant expenditures
for diversionary work program participants
and child care assistance program
expenditures must be deposited in the general
fund. The amount of funds must be limited to
$4,900,000 per year in fiscal years 2014 and
2015, and to $4,400,000 per year in fiscal
years 2016 and 2017, contingent on approval
by the federal Food and Nutrition Service.
(2) Consistent with the receipt of the federal
funds, the commissioner may adjust the
level of working family credit expenditures
claimed as TANF maintenance of effort.
Notwithstanding any contrary provision in
this article, this rider expires June 30, 2017.
TANF Maintenance of Effort. (a) In order
to meet the basic maintenance of effort
(MOE) requirements of the TANF block grant
specified under Code of Federal Regulations,
title 45, section 263.1, the commissioner may
only report nonfederal money expended for
allowable activities listed in the following
clauses as TANF/MOE expenditures:
(1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota
Statutes, chapter 256J;
(2) the child care assistance programs
under Minnesota Statutes, sections 119B.03
and 119B.05, and county child care
administrative costs under Minnesota
Statutes, section 119B.15;
(3) state and county MFIP administrative
costs under Minnesota Statutes, chapters
256J and 256K;
(4) state, county, and tribal MFIP
employment services under Minnesota
Statutes, chapters 256J and 256K;
(5) expenditures made on behalf of legal
noncitizen MFIP recipients who qualify for
the MinnesotaCare program under Minnesota
Statutes, chapter 256L;
(6) qualifying working family credit
expenditures under Minnesota Statutes,
section 290.0671;
(7) qualifying Minnesota education credit
expenditures under Minnesota Statutes,
section 290.0674; and
(8) qualifying Head Start expenditures under
Minnesota Statutes, section 119A.50.
(b) The commissioner shall ensure that
sufficient qualified nonfederal expenditures
are made each year to meet the state's
TANF/MOE requirements. For the activities
listed in paragraph (a), clauses (2) to
(8), the commissioner may only report
expenditures that are excluded from the
definition of assistance under Code of
Federal Regulations, title 45, section 260.31.
(c) For fiscal years beginning with state fiscal
year 2003, the commissioner shall ensure
that the maintenance of effort used by the
commissioner of management and budget
for the February and November forecasts
required under Minnesota Statutes, section
16A.103, contains expenditures under
paragraph (a), clause (1), equal to at least 16
percent of the total required under Code of
Federal Regulations, title 45, section 263.1.
(d) The requirement in Minnesota Statutes,
section 256.011, subdivision 3, that federal
grants or aids secured or obtained under that
subdivision be used to reduce any direct
appropriations provided by law, do not apply
if the grants or aids are federal TANF funds.
(e) For the federal fiscal years beginning on
or after October 1, 2007, the commissioner
may not claim an amount of TANF/MOE in
excess of the 75 percent standard in Code
of Federal Regulations, title 45, section
263.1(a)(2), except:
(1) to the extent necessary to meet the 80
percent standard under Code of Federal
Regulations, title 45, section 263.1(a)(1),
if it is determined by the commissioner
that the state will not meet the TANF work
participation target rate for the current year;
(2) to provide any additional amounts
under Code of Federal Regulations, title 45,
section 264.5, that relate to replacement of
TANF funds due to the operation of TANF
penalties; and
(3) to provide any additional amounts that
may contribute to avoiding or reducing
TANF work participation penalties through
the operation of the excess MOE provisions
of Code of Federal Regulations, title 45,
section 261.43 (a)(2).
For the purposes of clauses (1) to (3),
the commissioner may supplement the
MOE claim with working family credit
expenditures or other qualified expenditures
to the extent such expenditures are otherwise
available after considering the expenditures
allowed in this subdivision and subdivisions
2 and 3.
(f) Notwithstanding any contrary provision
in this article, paragraphs (a) to (e) expire
June 30, 2017.
Working Family Credit Expenditures
as TANF/MOE. The commissioner may
claim as TANF maintenance of effort up to
$6,707,000 per year of working family credit
expenditures in each fiscal year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2013.
new text end
Sec. 4.
Laws 2013, chapter 108, article 14, section 2, subdivision 4, as amended by
Laws 2013, chapter 144, section 24, is amended to read:
Subd. 4.Central Office
|
||||||
The amounts that may be spent from this
appropriation for each purpose are as follows:
|
(a) Operations |
||||||
| Appropriations by Fund |
||
| General |
101,979,000 |
96,858,000 |
| State Government Special Revenue |
3,974,000 |
4,385,000 |
| Health Care Access |
13,177,000 |
13,004,000 |
| Federal TANF |
100,000 |
100,000 |
DHS Receipt Center Accounting. The
commissioner is authorized to transfer
appropriations to, and account for DHS
receipt center operations in, the special
revenue fund.
Administrative Recovery; Set-Aside. The
commissioner may invoice local entities
through the SWIFT accounting system as an
alternative means to recover the actual cost
of administering the following provisions:
(1) Minnesota Statutes, section 125A.744,
subdivision 3;
(2) Minnesota Statutes, section 245.495,
paragraph (b);
(3) Minnesota Statutes, section 256B.0625,
subdivision 20, paragraph (k);
(4) Minnesota Statutes, section 256B.0924,
subdivision 6, paragraph (g);
(5) Minnesota Statutes, section 256B.0945,
subdivision 4, paragraph (d); and
(6) Minnesota Statutes, section 256F.10,
subdivision 6, paragraph (b).
Systems Modernization. The following
amounts are appropriated for transfer to
the state systems account authorized in
Minnesota Statutes, section 256.014:
(1) $1,825,000 in fiscal year 2014 and
$2,502,000 in fiscal year 2015 is for the
state share of Medicaid-allocated costs of
the health insurance exchange information
technology and operational structure. The
funding base is $3,222,000 in fiscal year 2016
and $3,037,000 in fiscal year 2017 but shall
not be included in the base thereafter; and
(2) $9,344,000 in fiscal year 2014 and
$3,660,000 in fiscal year 2015 are for the
modernization and streamlining of agency
eligibility and child support systems. The
funding base is $5,921,000 in fiscal year
2016 and $1,792,000 in fiscal year 2017 but
shall not be included in the base thereafter.
The unexpended balance of the $9,344,000
appropriation in fiscal year 2014 and the
$3,660,000 appropriation in fiscal year 2015
must be transferred from the Department of
Human Services state systems account to
the Office of Enterprise Technology when
the Office of Enterprise Technology has
negotiated a federally approved internal
service fund rates and billing process with
sufficient internal accounting controls to
properly maximize federal reimbursement
to Minnesota for human services system
modernization projects, but not later than
June 30, 2015.
If contingent funding is fully or partially
disbursed under article 15, section 3, and
transferred to the state systems account, the
unexpended balance of that appropriation
must be transferred to the Office of Enterprise
Technology in accordance with this clause.
Contingent funding must not exceed
$11,598,000 for the biennium.
Base Adjustment. The general fund base
is increased by $2,868,000 in fiscal year
2016 and decreased by $1,206,000 in fiscal
year 2017. The health access fund base is
decreased by $551,000 in fiscal years 2016
and 2017. The state government special
revenue fund base is increased by $4,000 in
fiscal year 2016 and decreased by $236,000
in fiscal year 2017.
|
(b) Children and Families |
||||||
| Appropriations by Fund |
||
| General |
8,023,000 |
8,015,000 |
| Federal TANF |
2,282,000 |
2,282,000 |
Financial Institution Data Match and
Payment of Fees. The commissioner is
authorized to allocate up to $310,000 each
year in fiscal years 2014 and 2015 from the
PRISM special revenue account to make
payments to financial institutions in exchange
for performing data matches between account
information held by financial institutions
and the public authority's database of child
support obligors as authorized by Minnesota
Statutes, section 13B.06, subdivision 7.
Base Adjustment. The general fund base is
decreased by $300,000 in fiscal years 2016
and 2017. The TANF fund base is increased
by $300,000 in fiscal years 2016 and 2017.
|
(c) Health Care |
||||||
| Appropriations by Fund |
||
| General |
14,028,000 |
13,826,000 |
| Health Care Access |
28,442,000 |
31,137,000 |
Base Adjustment. The general fund base
is decreased by $86,000 in fiscal year 2016
and by $86,000 in fiscal year 2017. The
health care access fund base is increased
by $6,954,000 in fiscal year 2016 and by
$5,489,000 in fiscal year 2017.
|
(d) Continuing Care |
||||||
| Appropriations by Fund |
||
| General |
20,993,000 |
22,359,000 |
| State Government Special Revenue |
125,000 |
125,000 |
Base Adjustment. The general fund base is
increased by $1,690,000 in fiscal year 2016
and by $798,000 in fiscal year 2017.
|
(e) Chemical and Mental Health |
||||||
| Appropriations by Fund |
||
| General |
deleted text begin
4,639,000 deleted text end new text begin 4,571,000 new text end |
deleted text begin
4,490,000 deleted text end new text begin 4,431,000 new text end |
| Lottery Prize Fund |
157,000 |
157,000 |
deleted text begin
Of the general fund appropriation, $68,000
in fiscal year 2014 and $59,000 in fiscal year
2015 are for compulsive gambling treatment
under Minnesota Statutes, section 297E.02,
subdivision 3, paragraph (c).
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2013.
new text end
Sec. 5.
Laws 2013, chapter 108, article 14, section 2, subdivision 6, as amended by
Laws 2013, chapter 144, section 25, is amended to read:
Subd. 6.Grant Programs
|
||||||
The amounts that may be spent from this
appropriation for each purpose are as follows:
|
(a) Support Services Grants |
||||||
| Appropriations by Fund |
||
| General |
8,915,000 |
13,333,000 |
| Federal TANF |
94,611,000 |
94,611,000 |
Paid Work Experience. $2,168,000
each year in fiscal years 2015 and 2016
is from the general fund for paid work
experience for long-term MFIP recipients.
Paid work includes full and partial wage
subsidies and other related services such as
job development, marketing, preworksite
training, job coaching, and postplacement
services. These are onetime appropriations.
Unexpended funds for fiscal year 2015 do not
cancel, but are available to the commissioner
for this purpose in fiscal year 2016.
Work Study Funding for MFIP
Participants. $250,000 each year in fiscal
years 2015 and 2016 is from the general fund
to pilot work study jobs for MFIP recipients
in approved postsecondary education
programs. This is a onetime appropriation.
Unexpended funds for fiscal year 2015 do
not cancel, but are available for this purpose
in fiscal year 2016.
Local Strategies to Reduce Disparities.
$2,000,000 each year in fiscal years 2015
and 2016 is from the general fund for
local projects that focus on services for
subgroups within the MFIP caseload
who are experiencing poor employment
outcomes. These are onetime appropriations.
Unexpended funds for fiscal year 2015 do not
cancel, but are available to the commissioner
for this purpose in fiscal year 2016.
Home Visiting Collaborations for MFIP
Teen Parents. $200,000 per year in fiscal
years 2014 and 2015 is from the general fund
and $200,000 in fiscal year 2016 is from the
federal TANF fund for technical assistance
and training to support local collaborations
that provide home visiting services for
MFIP teen parents. The general fund
appropriation is onetime. The federal TANF
fund appropriation is added to the base.
Performance Bonus Funds for Counties.
The TANF fund base is increased by
$1,500,000 each year in fiscal years 2016
and 2017. The commissioner must allocate
this amount each year to counties that exceed
their expected range of performance on the
annualized three-year self-support index
as defined in Minnesota Statutes, section
256J.751, subdivision 2, clause (6). This is a
permanent base adjustment. Notwithstanding
any contrary provisions in this article, this
provision expires June 30, 2016.
Base Adjustment. The general fund base is
decreased by $200,000 in fiscal year 2016
and $4,618,000 in fiscal year 2017. The
TANF fund base is increased by $1,700,000
in fiscal years 2016 and 2017.
|
(b) Basic Sliding Fee Child Care Assistance Grants |
36,836,000 |
42,318,000 |
||||
Base Adjustment. The general fund base is
increased by $3,778,000 in fiscal year 2016
and by $3,849,000 in fiscal year 2017.
|
(c) Child Care Development Grants |
1,612,000 |
1,737,000 |
||||
|
(d) Child Support Enforcement Grants |
50,000 |
50,000 |
||||
Federal Child Support Demonstration
Grants. Federal administrative
reimbursement resulting from the federal
child support grant expenditures authorized
under United States Code, title 42, section
1315, is appropriated to the commissioner
for this activity.
|
(e) Children's Services Grants |
||||||
| Appropriations by Fund |
||
| General |
49,760,000 |
52,961,000 |
| Federal TANF |
140,000 |
140,000 |
Adoption Assistance and Relative Custody
Assistance. $37,453,000 in fiscal year 2014
and $37,453,000 in fiscal year 2015 is for
the adoption assistance and relative custody
assistance programs. The commissioner
shall determine with the commissioner of
Minnesota Management and Budget the
appropriation for Northstar Care for Children
effective January 1, 2015. The commissioner
may transfer appropriations for adoption
assistance, relative custody assistance, and
Northstar Care for Children between fiscal
years and among programs to adjust for
transfers across the programs.
Title IV-E Adoption Assistance. Additional
federal reimbursements to the state as a result
of the Fostering Connections to Success
and Increasing Adoptions Act's expanded
eligibility for Title IV-E adoption assistance
are appropriated for postadoption services,
including a parent-to-parent support network.
Privatized Adoption Grants. Federal
reimbursement for privatized adoption grant
and foster care recruitment grant expenditures
is appropriated to the commissioner for
adoption grants and foster care and adoption
administrative purposes.
Adoption Assistance Incentive Grants.
Federal funds available during fiscal years
2014 and 2015 for adoption incentive grants
are appropriated for postadoption services,
including a parent-to-parent support network.
Base Adjustment. The general fund base is
increased by $5,913,000 in fiscal year 2016
and by $10,297,000 in fiscal year 2017.
|
(f) Child and Community Service Grants |
53,301,000 |
53,301,000 |
||||
|
(g) Child and Economic Support Grants |
21,047,000 |
20,848,000 |
||||
Minnesota Food Assistance Program.
Unexpended funds for the Minnesota food
assistance program for fiscal year 2014 do
not cancel but are available for this purpose
in fiscal year 2015.
Transitional Housing. $250,000 each year
is for the transitional housing programs under
Minnesota Statutes, section 256E.33.
Emergency Services. $250,000 each year
is for emergency services grants under
Minnesota Statutes, section 256E.36.
Family Assets for Independence. $250,000
each year is for the Family Assets for
Independence Minnesota program. This
appropriation is available in either year of the
biennium and may be transferred between
fiscal years.
Food Shelf Programs. $375,000 in fiscal
year 2014 and $375,000 in fiscal year
2015 are for food shelf programs under
Minnesota Statutes, section 256E.34. If the
appropriation for either year is insufficient,
the appropriation for the other year is
available for it. Notwithstanding Minnesota
Statutes, section 256E.34, subdivision 4, no
portion of this appropriation may be used
by Hunger Solutions for its administrative
expenses, including but not limited to rent
and salaries.
Homeless Youth Act. $2,000,000 in fiscal
year 2014 and $2,000,000 in fiscal year 2015
is for purposes of Minnesota Statutes, section
256K.45.
Safe Harbor Shelter and Housing.
$500,000 in fiscal year 2014 and $500,000 in
fiscal year 2015 is for a safe harbor shelter
and housing fund for housing and supportive
services for youth who are sexually exploited.
|
(h) Health Care Grants |
||||||
| Appropriations by Fund |
||
| General |
190,000 |
190,000 |
| Health Care Access |
190,000 |
190,000 |
Emergency Medical Assistance Referral
and Assistance Grants. (a) The
commissioner of human services shall
award grants to nonprofit programs that
provide immigration legal services based
on indigency to provide legal services for
immigration assistance to individuals with
emergency medical conditions or complex
and chronic health conditions who are not
currently eligible for medical assistance
or other public health care programs, but
who may meet eligibility requirements with
immigration assistance.
(b) The grantees, in collaboration with
hospitals and safety net providers, shall
provide referral assistance to connect
individuals identified in paragraph (a) with
alternative resources and services to assist in
meeting their health care needs. $100,000
is appropriated in fiscal year 2014 and
$100,000 in fiscal year 2015. This is a
onetime appropriation.
Base Adjustment. The general fund is
decreased by $100,000 in fiscal year 2016
and $100,000 in fiscal year 2017.
|
(i) Aging and Adult Services Grants |
14,827,000 |
15,010,000 |
||||
Base Adjustment. The general fund is
increased by $1,150,000 in fiscal year 2016
and $1,151,000 in fiscal year 2017.
Community Service Development
Grants and Community Services Grants.
Community service development grants and
community services grants are reduced by
$1,150,000 each year. This is a onetime
reduction.
|
(j) Deaf and Hard-of-Hearing Grants |
1,771,000 |
1,785,000 |
||||
|
(k) Disabilities Grants |
18,605,000 |
18,823,000 |
||||
Advocating Change Together. $310,000 in
fiscal year 2014 is for a grant to Advocating
Change Together (ACT) to maintain and
promote services for persons with intellectual
and developmental disabilities throughout
the state. This appropriation is onetime. Of
this appropriation:
(1) $120,000 is for direct costs associated
with the delivery and evaluation of
peer-to-peer training programs administered
throughout the state, focusing on education,
employment, housing, transportation, and
voting;
(2) $100,000 is for delivery of statewide
conferences focusing on leadership and
skill development within the disability
community; and
(3) $90,000 is for administrative and general
operating costs associated with managing
or maintaining facilities, program delivery,
staff, and technology.
Base Adjustment. The general fund base
is increased by $535,000 in fiscal year 2016
and by $709,000 in fiscal year 2017.
|
(l) Adult Mental Health Grants |
||||||
| Appropriations by Fund |
||
| General |
deleted text begin
71,199,000 deleted text end new text begin 70,597,000 new text end |
deleted text begin
69,530,000 deleted text end new text begin 68,783,000 new text end |
| Health Care Access |
750,000 |
750,000 |
| Lottery Prize |
1,733,000 |
1,733,000 |
deleted text begin
Compulsive Gambling Treatment. Of the
general fund appropriation, $602,000 in
fiscal year 2014 and $747,000 in fiscal year
2015 are for compulsive gambling treatment
under Minnesota Statutes, section 297E.02,
subdivision 3, paragraph (c).
deleted text end
Problem Gambling. $225,000 in fiscal year
2014 and $225,000 in fiscal year 2015 is
appropriated from the lottery prize fund for a
grant to the state affiliate recognized by the
National Council on Problem Gambling. The
affiliate must provide services to increase
public awareness of problem gambling,
education and training for individuals and
organizations providing effective treatment
services to problem gamblers and their
families, and research relating to problem
gambling.
Funding Usage. Up to 75 percent of a fiscal
year's appropriations for adult mental health
grants may be used to fund allocations in that
portion of the fiscal year ending December
31.
Base Adjustment. The general fund base is
decreased by deleted text begin $4,427,000deleted text end new text begin $4,441,000 new text end in fiscal
years 2016 and 2017.
Mental Health Pilot Project. $230,000
each year is for a grant to the Zumbro
Valley Mental Health Center. The grant
shall be used to implement a pilot project
to test an integrated behavioral health care
coordination model. The grant recipient must
report measurable outcomes and savings
to the commissioner of human services
by January 15, 2016. This is a onetime
appropriation.
High-risk adults. $200,000 in fiscal
year 2014 is for a grant to the nonprofit
organization selected to administer the
demonstration project for high-risk adults
under Laws 2007, chapter 54, article 1,
section 19, in order to complete the project.
This is a onetime appropriation.
|
(m) Child Mental Health Grants |
18,246,000 |
20,636,000 |
||||
Text Message Suicide Prevention
Program. $625,000 in fiscal year 2014 and
$625,000 in fiscal year 2015 is for a grant
to a nonprofit organization to establish and
implement a statewide text message suicide
prevention program. The program shall
implement a suicide prevention counseling
text line designed to use text messaging to
connect with crisis counselors and to obtain
emergency information and referrals to
local resources in the local community. The
program shall include training within schools
and communities to encourage the use of the
program.
Mental Health First Aid Training. $22,000
in fiscal year 2014 and $23,000 in fiscal
year 2015 is to train teachers, social service
personnel, law enforcement, and others who
come into contact with children with mental
illnesses, in children and adolescents mental
health first aid training.
Funding Usage. Up to 75 percent of a fiscal
year's appropriation for child mental health
grants may be used to fund allocations in that
portion of the fiscal year ending December
31.
|
(n) CD Treatment Support Grants |
1,816,000 |
1,816,000 |
||||
SBIRT Training. (1) $300,000 each year is
for grants to train primary care clinicians to
provide substance abuse brief intervention
and referral to treatment (SBIRT). This is a
onetime appropriation. The commissioner of
human services shall apply to SAMHSA for
an SBIRT professional training grant.
(2) If the commissioner of human services
receives a grant under clause (1) funds
appropriated under this clause, equal to
the grant amount, up to the available
appropriation, shall be transferred to the
Minnesota Organization on Fetal Alcohol
Syndrome (MOFAS). MOFAS must use
the funds for grants. Grant recipients must
be selected from communities that are
not currently served by federal Substance
Abuse Prevention and Treatment Block
Grant funds. Grant money must be used to
reduce the rates of fetal alcohol syndrome
and fetal alcohol effects, and the number of
drug-exposed infants. Grant money may be
used for prevention and intervention services
and programs, including, but not limited to,
community grants, professional eduction,
public awareness, and diagnosis.
Fetal Alcohol Syndrome Grant. $180,000
each year from the general fund is for a
grant to the Minnesota Organization on Fetal
Alcohol Syndrome (MOFAS) to support
nonprofit Fetal Alcohol Spectrum Disorders
(FASD) outreach prevention programs
in Olmsted County. This is a onetime
appropriation.
Base Adjustment. The general fund base is
decreased by $480,000 in fiscal year 2016
and $480,000 in fiscal year 2017.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2013.
new text end
Sec. 6. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 and 2 are effective the day following final enactment.
new text end