Minnesota Legislature
SF 3
3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 01/08/2009 | |
| 1st Engrossment | Posted on 03/18/2009 | |
| 2nd Engrossment | Posted on 04/02/2009 | |
| 3rd Engrossment | Posted on 04/06/2009 |
Current Version - 3rd Engrossment
2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29
2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5
3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19
3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 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 4.33 4.34
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 5.33 5.34 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 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 7.33 7.34 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 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 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 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 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 12.35 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 14.36 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 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 18.33 18.34 18.35 18.36 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 19.34 19.35 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 21.35 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 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 23.34 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 24.35 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 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 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 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 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 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 34.31
34.32 34.33 34.34 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 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 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 37.35 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 38.33 38.34 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 39.35 39.36 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 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 43.34 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 44.34 44.35 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 46.34 46.35 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 47.34 47.35 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 48.34 48.35 48.36 48.37 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 49.32 49.33 49.34 49.35 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
50.35 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 51.33 51.34 51.35 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 52.34 52.35 52.36 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 53.33 53.34 53.35 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 54.35 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 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 57.33 57.34 57.35 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 58.35 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
A bill for an act
relating to mandates; eliminating unnecessary state mandates; simplifying and
repealing mandates on school districts; relieving counties of certain mandates;
modifying county payment of funeral expenses; modifying provisions related to
children's therapeutic services and supports; modifying certain nursing facility
rules; providing an alternative licensing method for day training and habilitation
services; accepting certain independent audits; modifying health care program
information that a school district or charter school must provide; eliminating
various unfunded mandates affecting local governmental units; removing,
extending, or modifying certain mandates upon local governmental units or
officials; eliminating truth-in-taxation hearing requirements and temporarily
suspending advertising requirements; modifying publication correction
requirements; increasing the property tax amount for which installment
payments may be made; amending Minnesota Statutes 2008, sections 6.80,
by adding a subdivision; 62Q.37, subdivision 3; 120B.11, subdivision 5;
122A.09, subdivision 7; 123B.10, subdivision 1; 123B.143, subdivision 1;
123B.71, subdivisions 1, 8, 12; 124D.10, subdivision 20; 124D.19, subdivision
3; 124D.68, subdivision 5; 125A.57, subdivision 2; 125A.61, subdivision 1;
126C.44; 144A.04, subdivision 11, by adding a subdivision; 144A.43, by adding
a subdivision; 144A.45, subdivision 1, by adding a subdivision; 157.22; 168.33,
subdivision 7; 211B.37; 245.4871, subdivision 10; 245.4885, subdivision 1a;
256.935; 256.962, subdivision 6; 256B.0943, subdivisions 4, 6, 9; 256F.13,
subdivision 1; 260C.212, subdivisions 4a, 11; 261.035; 275.065, subdivisions
1, 3, 5a, 6; 279.01, subdivision 1; 279.10; 306.243, by adding a subdivision;
326B.145; 344.18; 365.28; 375.12, subdivision 2; 375.194, subdivision 5;
382.265; 383A.75, subdivision 3; 384.151, subdivision 1a; 385.373, subdivision
1a; 386.015, subdivision 2; 387.13; 387.20, subdivisions 1, 2; 429.041,
subdivisions 1, 2; 465.719, subdivision 9; 469.015; 471.61, subdivision 1;
471.661; 473.13, subdivision 1; 473.862; 609.115, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 14; 245B; repealing
Minnesota Statutes 2008, sections 120B.11, subdivisions 6, 7, 8; 120B.39;
121A.06; 122A.32; 122A.628; 122A.75; 123B.92, subdivision 5; 275.065,
subdivisions 6b, 6c, 8, 9, 10; 373.42; 384.151, subdivisions 1, 3; 385.373,
subdivisions 1, 3; 386.015, subdivisions 1, 4; 387.20, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
EDUCATION
Section 1.
Minnesota Statutes 2008, section 120B.11, subdivision 5, is amended to read:
Subd. 5.
Report.
(a) By October 1 of each year, the school board shall use standard
statewide reporting procedures the commissioner develops and adopt a report that includes
the following:
(1) student achievement goals for meeting state academic standards;
(2) results of local assessment data, and any additional test data;
(3) the annual school district improvement plans including staff development goals
under section 122A.60;
(4) information about district and learning site progress in realizing previously
adopted improvement plans; and
(5) the amount and type of revenue attributed to each education site as defined
in section 123B.04.
(b) The school board shall publishnew text begin a summary ofnew text end the report in the local newspaper
with the largest circulation in the district, by mail, or by electronic means such as the
district Web site. If electronic means are used, school districts must publish notice of the
report in a periodical of general circulation in the district. School districts must make
copies of the report available to the public on request. deleted text begin The board shall make a copy of the
report available to the public for inspection. The board shall send a copy of the report to
the commissioner of education by October 15 of each year.
deleted text end
(c) The title of the report shall contain the name and number of the school district and
read "Annual Report on Curriculum, Instruction, and Student Achievement." The report
must include at least the following information about advisory committee membership:
(1) the name of each committee member and the date when that member's term
expires;
(2) the method and criteria the school board uses to select committee members; and
(3) the date by which a community resident must apply to next serve on the
committee.
Sec. 2.
Minnesota Statutes 2008, section 122A.09, subdivision 7, is amended to read:
Subd. 7.
Commissioner's assistance; board money.
The commissioner shall
provide all necessary materials and assistance for the transaction of the business of the
Board of Teaching and all moneys received by the Board of Teaching shall be paid into
the state treasury as provided by law. The expenses of administering sections 122A.01,
122A.05 to 122A.09, 122A.15, 122A.16, 122A.17, 122A.18, 122A.20, 122A.21, 122A.22,
122A.23, 122A.26, 122A.30, deleted text begin 122A.32,deleted text end 122A.40, 122A.41, 122A.42, 122A.45, 122A.49,
122A.52, 122A.53, 122A.54, 122A.55, 122A.56, 122A.57, and 122A.58 which are
incurred by the Board of Teaching shall be paid for from appropriations made to the
Board of Teaching.
Sec. 3.
Minnesota Statutes 2008, section 123B.10, subdivision 1, is amended to read:
Subdivision 1.
Budgets; form of notification.
(a) Every board must publish revenue
and expenditure budgets for the current year and the actual revenues, expenditures, fund
balances for the prior year and projected fund balances for the current year in a form
prescribed by the commissioner within one week of the acceptance of the final audit by
the board, or November 30, whichever is earlier. The forms prescribed must be designed
so that year to year comparisons of revenue, expenditures and fund balances can be made.
(b) A school board annually must notify the public of its revenue, expenditures, fund
balances, and other relevant budget information. The board must include the budget
information required by this section in the materials provided as a part of its truth in
taxation hearing, post the materials in a conspicuous place on the district's official Web
site, including a link to the district's school report card on the Department of Education's
Web site, and publishnew text begin a summary ofnew text end the information in a qualified newspaper of general
circulation in the district.
Sec. 4.
Minnesota Statutes 2008, section 123B.143, subdivision 1, is amended to read:
Subdivision 1.
Contract; duties.
All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section 122A.40. Notwithstanding the
provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:
(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;
(2) recommend to the board employment and dismissal of teachers;
(3) superintend school grading practices and examinations for promotions;
(4) make reports required by the commissioner;new text begin and
new text end
(5) deleted text begin by January 10, submit an annual report to the commissioner in a manner
prescribed by the commissioner, in consultation with school districts, identifying the
expenditures that the district requires to ensure an 80 percent student passage rate on
the MCA-IIs taken in the eighth grade, identifying the highest student passage rate the
district expects it will be able to attain on the MCA-IIs by grade 12, and the amount of
expenditures that the district requires to attain the targeted student passage rate; and
deleted text end
deleted text begin (6)deleted text end perform other duties prescribed by the board.
Sec. 5.
Minnesota Statutes 2008, section 123B.71, subdivision 1, is amended to read:
Subdivision 1.
Consultation.
A school district shall consult with the commissioner
of education before developing any plans and specifications to construct, remodel, or
improve the building or site of an educational facility for which the estimated cost
exceeds deleted text begin $250,000deleted text end new text begin $500,000new text end . This consultation shall occur before a referendum for bonds,
solicitation for bids, or use of capital expenditure facilities revenue according to section
126C.10, subdivision 14, clause (2). The commissioner may require the district to
participate in a management assistance plan before conducting a review and comment
on the project.
Sec. 6.
Minnesota Statutes 2008, 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 new text begin if
it has a capital loan outstanding, or $1,400,000 per school site if it does not have a capital
loan outstanding, new text end prior to review and comment by the commissioner. The commissioner
may exempt a facility maintenance project funded with general education aid and levy,
alternative facilities bonding and levy program, or health and safety revenue from this
provision after reviewing a written request from a school district describing the scope of
work. A school board shall not separate portions of a single project into components to
avoid the requirements of this subdivision.
Sec. 7.
Minnesota Statutes 2008, section 123B.71, subdivision 12, is amended to read:
Subd. 12.
Publication.
(a) At least 20 days but not more than 60 days before a
referendum for bonds or solicitation of bids for a project that has received a positive or
unfavorable review and comment under section 123B.70, the school board shall publishnew text begin a
summary ofnew text end the commissioner's review and comment of that project in the legal newspaper
of the district. Supplementary information shall be available to the public.
(b) The publication requirement in paragraph (a) does not apply to alternative
facilities projects approved under section 123B.59. Publication for alternative facilities
projects shall be as specified in section 123B.59, subdivisions 3 and 3a.
Sec. 8.
Minnesota Statutes 2008, section 124D.10, subdivision 20, is amended to read:
Subd. 20.
Leave to teach in a charter school.
If a teacher employed by a district
makes a written request for an extended leave of absence to teach at a charter school, the
district must grant the leave. The district must grant a leave not to exceed a total of five
years. Any request to extend the leave shall be granted only at the discretion of the school
board. The district may require that the request for a leave or extension of leave be made
deleted text begin up to 90 days before the teacher would otherwise have to report for dutydeleted text end new text begin before February 1
in the school year preceding the school year in which the teacher wishes to begin the leave,
or February 1 of the calendar year in which the leave is scheduled to terminatenew text end . Except
as otherwise provided in this subdivision and except for section 122A.46, subdivision 7,
the leave is governed by section 122A.46, including, but not limited to, reinstatement,
notice of intention to return, seniority, salary, and insurance.
During a leave, the teacher may continue to aggregate benefits and credits in the
Teachers' Retirement Association account by paying both the employer and employee
contributions based upon the annual salary of the teacher for the last full pay period before
the leave began. The retirement association may impose reasonable requirements to
efficiently administer this subdivision.
Sec. 9.
Minnesota Statutes 2008, section 124D.19, subdivision 3, is amended to read:
Subd. 3.
Community education director.
(a) Except as provided under paragraphs
(b) and (c), each board shall employ a licensed community education director. The board
shall submit the name of the person who is serving as director of community education
under this section on the district's annual community education report to the commissioner.
(b) A board may apply to the Minnesota Board of School Administrators under
Minnesota Rules, part 3512.3500, subpart 9, for authority to use an individual who is not
licensed as a community education director.
(c) A board of a district with a total population of deleted text begin 2,000deleted text end new text begin 4,000new text end or less may identify
an employee who holds a valid Minnesotanew text begin teacher,new text end principalnew text begin , new text end or superintendent license
under Minnesota Rules, chapter 3512, to serve as director of community education. To
be eligible for an exception under this paragraph, the board shall certify in writing to the
commissioner that the district has not placed a licensed director of community education
on unrequested leave.
Sec. 10.
Minnesota Statutes 2008, section 124D.68, subdivision 5, is amended to read:
Subd. 5.
Pupil enrollment.
new text begin (a) new text end Any eligible pupil may apply to enroll in an eligible
program. Approval of the resident district is not required for:
(1) an eligible pupil to enroll in any eligible program in a nonresident district under
subdivision 3 or 4 or an area learning center established under section 123A.05; or
(2) an eligible pupil under subdivision 2, to enroll in an adult basic education
program approved under section 124D.52.
new text begin
(b) Notwithstanding paragraph (a), a nonresident district must first approve the
enrollment application of any eligible pupil who was expelled under section 121A.45 for a
reason stated in section 124D.03, subdivision 1, paragraph (b).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2009-2010 school year and
later.
new text end
Sec. 11.
Minnesota Statutes 2008, section 125A.57, subdivision 2, is amended to read:
Subd. 2.
Assistive technology device.
"Assistive technology device" means any
item, piece of equipment, deleted text begin software,deleted text end or product system, whether acquired commercially
off the shelf, modified, or customized, that is used to increase, maintain, or improve
functional capabilities of deleted text begin children with disabilitiesdeleted text end new text begin a child with a disability. It does not
mean a medical device that is surgically implanted, or replacement of the devicenew text end .
Sec. 12.
Minnesota Statutes 2008, section 125A.61, subdivision 1, is amended to read:
Subdivision 1.
State schools at Faribault.
The Minnesota State Academy for the
Deaf and the Minnesota State Academy for the Blind are residential schools in Faribault.
They are public schools under sections 122A.15deleted text begin ,deleted text end new text begin and new text end 122A.16deleted text begin , and 122A.32deleted text end and state
educational institutions.
Sec. 13.
Minnesota Statutes 2008, 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 $30 multiplied by the district's adjusted
marginal cost 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; or (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. For expenditures
under 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.
(b) 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 $10 times the adjusted marginal cost 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.
(c) A school district must set aside at least $3 per adjusted marginal cost pupil unit
of the safe schools levy proceeds for the purposes authorized under paragraph (a), clause
(6). deleted text begin The district must annually certify that its total spending on services provided by the
employees listed in paragraph (a), clause (6), is not less than the sum of its expenditures
for these purposes, excluding amounts spent under this section, in the previous year plus
the amount spent under this section.
deleted text end
Sec. 14. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 120B.11, subdivisions 6, 7, and 8; 120B.39;
121A.06; 122A.32; 122A.628; 122A.75; and 123B.92, subdivision 5,
new text end
new text begin
are repealed the
day following final enactment.
new text end
ARTICLE 2
HUMAN SERVICES
Section 1.
Minnesota Statutes 2008, section 157.22, is amended to read:
157.22 EXEMPTIONS.
This chapter shall not be construed to apply to:
(1) interstate carriers under the supervision of the United States Department of
Health and Human Services;
(2) any building constructed and primarily used for religious worship;
(3) any building owned, operated, and used by a college or university in accordance
with health regulations promulgated by the college or university under chapter 14;
(4) any person, firm, or corporation whose principal mode of business is licensed
under sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food
or beverage establishment; provided that the holding of any license pursuant to sections
28A.04 and 28A.05 shall not exempt any person, firm, or corporation from the applicable
provisions of this chapter or the rules of the state commissioner of health relating to
food and beverage service establishments;
(5) family day care homes and group family day care homes governed by sections
245A.01 to 245A.16;
(6) nonprofit senior citizen centers for the sale of home-baked goods;
(7) fraternal or patriotic organizations that are tax exempt under section 501(c)(3),
501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal Revenue Code of
1986, or organizations related to or affiliated with such fraternal or patriotic organizations.
Such organizations may organize events at which home-prepared food is donated by
organization members for sale at the events, provided:
(i) the event is not a circus, carnival, or fair;
(ii) the organization controls the admission of persons to the event, the event agenda,
or both; and
(iii) the organization's licensed kitchen is not used in any manner for the event;
(8) food not prepared at an establishment and brought in by individuals attending a
potluck event for consumption at the potluck event. An organization sponsoring a potluck
event under this clause may advertise the potluck event to the public through any means.
Individuals who are not members of an organization sponsoring a potluck event under this
clause may attend the potluck event and consume the food at the event. Licensed food
establishments other than schools cannot be sponsors of potluck events. A school may
sponsor and hold potluck events in areas of the school other than the school's kitchen,
provided that the school's kitchen is not used in any manner for the potluck event. For
purposes of this clause, "school" means a public school as defined in section 120A.05,
subdivisions 9, 11, 13, and 17, or a nonpublic school, church, or religious organization
at which a child is provided with instruction in compliance with sections 120A.22 and
120A.24. Potluck event food shall not be brought into a licensed food establishment
kitchen; deleted text begin and
deleted text end
(9) a home school in which a child is provided instruction at homenew text begin ; and
new text end
new text begin (10) group residential facilities of ten or fewer beds licensed by the commissioner of
human services under Minnesota Rules, chapter 2960, provided the facility employs or
contracts with a certified food manager under Minnesota Rules, part 4626.2015new text end .
Sec. 2.
Minnesota Statutes 2008, section 245.4871, subdivision 10, is amended to read:
Subd. 10.
Day treatment services.
"Day treatment," "day treatment services," or
"day treatment program" means a structured program of treatment and care provided to a
child in:
(1) an outpatient hospital accredited by the Joint Commission on Accreditation of
Health Organizations and licensed under sections 144.50 to 144.55;
(2) a community mental health center under section 245.62;
(3) an entity that is under contract with the county board to operate a program that
meets the requirements of section 245.4884, subdivision 2, and Minnesota Rules, parts
9505.0170 to 9505.0475; or
(4) an entity that operates a program that meets the requirements of section
245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475, that is
under contract with an entity that is under contract with a county board.
Day treatment consists of group psychotherapy and other intensive therapeutic
services that are provided for a minimum deleted text begin three-hourdeleted text end new text begin two-hournew text end time block by a
multidisciplinary staff under the clinical supervision of a mental health professional.
Day treatment may include education and consultation provided to families and
other individuals as an extension of the treatment process. The services are aimed at
stabilizing the child's mental health status, and developing and improving the child's daily
independent living and socialization skills. Day treatment services are distinguished from
day care by their structured therapeutic program of psychotherapy services. Day treatment
services are not a part of inpatient hospital or residential treatment services. deleted text begin Day treatment
services for a child are an integrated set of education, therapy, and family interventions.
deleted text end
A day treatment service must be available to a child deleted text begin at least five days a weekdeleted text end
throughout the year and must be coordinated with, integrated with, or part of an education
program offered by the child's school.
Sec. 3.
Minnesota Statutes 2008, section 245.4885, subdivision 1a, is amended to read:
Subd. 1a.
Emergency admission.
Effective July 1, 2006, if a child is admitted to
a treatment foster care setting, residential treatment facility, or acute care hospital for
emergency treatment or held for emergency care by a regional treatment center under
section 253B.05, subdivision 1, the level of care determination must occur within deleted text begin threedeleted text end new text begin
five new text end working days of admission.
Sec. 4.
Minnesota Statutes 2008, section 256.935, is amended to read:
256.935 new text begin CREMATION AND new text end FUNERAL EXPENSES, PAYMENT BY
COUNTY AGENCY.
Subdivision 1.
Funeral expenses.
On the death of any person receiving public
assistance through MFIP, the county agency new text begin shall attempt to contact the decedent's spouse
or next of kin. If the agency is not able to contact a spouse or next of kin, the agencynew text end shall
pay new text begin for cremation of the person's remains. If the county agency contacts the decedent's
spouse or next of kin and it is determined that cremation is not in accordance with the
religious and moral beliefs of the decedent or the decedent's spouse or the decedent's
next of kin, the county agency shall pay new text end an amount for funeral expenses not exceeding
the amount paid for comparable services under section 261.035 plus actual cemetery
charges. No new text begin cremation or new text end funeral expenses shall be paid if the estate of the deceased is
sufficient to pay such expenses or if the spouse, who was legally responsible for the
support of the deceased while living, is able to pay such expensesdeleted text begin ; provided, that the
additional payment or donation of the cost of cemetery lot, interment, religious service,
or for the transportation of the body into or out of the community in which the deceased
resided, shall not limit payment by the county agency as herein authorized. Freedom of
choice in the selection of a funeral director shall be granted to persons lawfully authorized
to make arrangements for the burial of any such deceased recipientdeleted text end . In determining the
sufficiency of such estate, due regard shall be had for the nature and marketability of the
assets of the estate. The county agency may grant new text begin cremation or new text end funeral expenses where
the sale would cause undue loss to the estate. Any amount paid for new text begin cremation or new text end funeral
expenses shall be a prior claim against the estate, as provided in section 524.3-805, and
any amount recovered shall be reimbursed to the agency which paid the expenses. The
commissioner shall specify requirements for reports, including fiscal reports, according
to section 256.01, subdivision 2, paragraph deleted text begin (17)deleted text end new text begin (q)new text end . The state share shall pay the entire
amount of county agency expenditures. Benefits shall be issued to recipients by the state
or county subject to provisions of section 256.017.
Sec. 5.
Minnesota Statutes 2008, section 256B.0943, subdivision 4, is amended to read:
Subd. 4.
Provider entity certification.
(a) Effective July 1, 2003, the commissioner
shall establish an initial provider entity application and certification process and
recertification process to determine whether a provider entity has an administrative
and clinical infrastructure that meets the requirements in subdivisions 5 and 6. The
commissioner shall recertify a provider entity at least every three years. The commissioner
shall establish a process for decertification of a provider entity that no longer meets the
requirements in this section. The county, tribe, and the commissioner shall be mutually
responsible and accountable for the county's, tribe's, and state's part of the certification,
recertification, and decertification processes.
(b) For purposes of this section, a provider entity must be:
(1) an Indian health services facility or a facility owned and operated by a tribe or
tribal organization operating as a 638 facility under Public Law 93-638 certified by the
state;
(2) a county-operated entity certified by the state; or
(3) a noncounty entity deleted text begin recommended for certification by the provider's host county
anddeleted text end certified by the state.
Sec. 6.
Minnesota Statutes 2008, section 256B.0943, subdivision 6, is amended to read:
Subd. 6.
Provider entity clinical infrastructure requirements.
(a) To be
an eligible provider entity under this section, a provider entity must have a clinical
infrastructure that utilizes diagnostic assessment, an individualized treatment plan,
service delivery, and individual treatment plan review that are culturally competent,
child-centered, and family-driven to achieve maximum benefit for the client. The provider
entity must reviewnew text begin ,new text end and update new text begin as necessary,new text end the clinical policies and procedures every
three years and must distribute the policies and procedures to staff initially and upon
each subsequent update.
(b) The clinical infrastructure written policies and procedures must include policies
and procedures for:
(1) providing or obtaining a client's diagnostic assessment that identifies acute and
chronic clinical disorders, co-occurring medical conditions, sources of psychological
and environmental problems, deleted text begin anddeleted text end new text begin includingnew text end a functional assessment. The functional
assessment new text begin component new text end must clearly summarize the client's individual strengths and needs;
(2) developing an individual treatment plan that is:
(i) based on the information in the client's diagnostic assessment;
(ii) developed no later than the end of the first psychotherapy session after the
completion of the client's diagnostic assessment by the mental health professional who
provides the client's psychotherapy;
(iii) developed through a child-centered, family-driven planning process that
identifies service needs and individualized, planned, and culturally appropriate
interventions that contain specific treatment goals and objectives for the client and the
client's family or foster family;
(iv) reviewed at least once every 90 days and revised, if necessary; and
(v) signed by the client or, if appropriate, by the client's parent or other person
authorized by statute to consent to mental health services for the client;
(3) developing an individual behavior plan that documents services to be provided
by the mental health behavioral aide. The individual behavior plan must include:
(i) detailed instructions on the service to be provided;
(ii) time allocated to each service;
(iii) methods of documenting the child's behavior;
(iv) methods of monitoring the child's progress in reaching objectives; and
(v) goals to increase or decrease targeted behavior as identified in the individual
treatment plan;
(4) clinical supervision of the mental health practitioner and mental health behavioral
aide. A mental health professional must document the clinical supervision the professional
provides by cosigning individual treatment plans and making entries in the client's record
on supervisory activities. Clinical supervision does not include the authority to make or
terminate court-ordered placements of the child. A clinical supervisor must be available
for urgent consultation as required by the individual client's needs or the situation. Clinical
supervision may occur individually or in a small group to discuss treatment and review
progress toward goals. The focus of clinical supervision must be the client's treatment
needs and progress and the mental health practitioner's or behavioral aide's ability to
provide services;
(4a) CTSS certified provider entities providing day treatment programs must meet
the conditions in items (i) to (iii):
(i) the supervisor must be present and available on the premises more than 50
percent of the time in a five-working-day period during which the supervisee is providing
a mental health service;
(ii) the diagnosis and the client's individual treatment plan or a change in the
diagnosis or individual treatment plan must be made by or reviewed, approved, and signed
by the supervisor; and
(iii) every 30 days, the supervisor must review and sign the record deleted text begin ofdeleted text end new text begin indicating the
supervisor has reviewednew text end the client's care for all activities in the preceding 30-day period;
(4b) for all other services provided under CTSS, clinical supervision standards
provided in items (i) to (iii) must be used:
(i) medical assistance shall reimburse a mental health practitioner who maintains a
consulting relationship with a mental health professional who accepts full professional
responsibility deleted text begin and is present on site for at least one observation during the first 12 hours
in which the mental health practitioner provides the individual, family, or group skills
training to the child or the child's familydeleted text end ;
(ii) deleted text begin thereafter,deleted text end the mental health professional is required to be present on site for
observation as clinically appropriate when the mental health practitioner is providing
individual, family, or group skills training to the child or the child's family; and
(iii) new text begin when conducted, new text end the observation must be a minimum of one clinical unit. The
on-site presence of the mental health professional must be documented in the child's record
and signed by the mental health professional who accepts full professional responsibility;
(5) providing direction to a mental health behavioral aide. For entities that employ
mental health behavioral aides, the clinical supervisor must be employed by the provider
entity or other certified children's therapeutic supports and services provider entity to
ensure necessary and appropriate oversight for the client's treatment and continuity
of care. The mental health professional or mental health practitioner giving direction
must begin with the goals on the individualized treatment plan, and instruct the mental
health behavioral aide on how to construct therapeutic activities and interventions that
will lead to goal attainment. The professional or practitioner giving direction must also
instruct the mental health behavioral aide about the client's diagnosis, functional status,
and other characteristics that are likely to affect service delivery. Direction must also
include determining that the mental health behavioral aide has the skills to interact with
the client and the client's family in ways that convey personal and cultural respect and
that the aide actively solicits information relevant to treatment from the family. The aide
must be able to clearly explain the activities the aide is doing with the client and the
activities' relationship to treatment goals. Direction is more didactic than is supervision
and requires the professional or practitioner providing it to continuously evaluate the
mental health behavioral aide's ability to carry out the activities of the individualized
treatment plan and the individualized behavior plan. When providing direction, the
professional or practitioner must:
(i) review progress notes prepared by the mental health behavioral aide for accuracy
and consistency with diagnostic assessment, treatment plan, and behavior goals and the
professional or practitioner must approve and sign the progress notes;
(ii) identify changes in treatment strategies, revise the individual behavior plan,
and communicate treatment instructions and methodologies as appropriate to ensure
that treatment is implemented correctly;
(iii) demonstrate family-friendly behaviors that support healthy collaboration among
the child, the child's family, and providers as treatment is planned and implemented;
(iv) ensure that the mental health behavioral aide is able to effectively communicate
with the child, the child's family, and the provider; and
(v) record the results of any evaluation and corrective actions taken to modify the
work of the mental health behavioral aide;
(6) providing service delivery that implements the individual treatment plan and
meets the requirements under subdivision 9; and
(7) individual treatment plan review. The review must determine the extent to which
the services have met the goals and objectives in the previous treatment plan. The review
must assess the client's progress and ensure that services and treatment goals continue to
be necessary and appropriate to the client and the client's family or foster family. Revision
of the individual treatment plan does not require a new diagnostic assessment unless the
client's mental health status has changed markedly. The updated treatment plan must be
signed by the client, if appropriate, and by the client's parent or other person authorized by
statute to give consent to the mental health services for the child.
Sec. 7.
Minnesota Statutes 2008, section 256B.0943, subdivision 9, is amended to read:
Subd. 9.
Service delivery criteria.
(a) In delivering services under this section, a
certified provider entity must ensure that:
(1) each individual provider's caseload size permits the provider to deliver services
to both clients with severe, complex needs and clients with less intensive needs. The
provider's caseload size should reasonably enable the provider to play an active role in
service planning, monitoring, and delivering services to meet the client's and client's
family's needs, as specified in each client's individual treatment plan;
(2) site-based programs, including day treatment and preschool programs, provide
staffing and facilities to ensure the client's health, safety, and protection of rights, and that
the programs are able to implement each client's individual treatment plan;
(3) a day treatment program is provided to a group of clients by a multidisciplinary
team under the clinical supervision of a mental health professional. The day treatment
program must be provided in and by: (i) an outpatient hospital accredited by the Joint
Commission on Accreditation of Health Organizations and licensed under sections
144.50 to 144.55; (ii) a community mental health center under section 245.62; and (iii)
an entity that is under contract with the county board to operate a program that meets
the requirements of sections 245.4712, subdivision 2, and 245.4884, subdivision 2,
and Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must
stabilize the client's mental health status while developing and improving the client's
independent living and socialization skills. The goal of the day treatment program must
be to reduce or relieve the effects of mental illness and provide training to enable the
client to live in the community. The program must be available at least one day a week
for a deleted text begin three-hourdeleted text end new text begin two-hournew text end time block. The deleted text begin three-hourdeleted text end new text begin two-hournew text end time block must include
at least one hourdeleted text begin , but no more than two hours,deleted text end of individual or group psychotherapy.
deleted text begin The remainder of the three-hour time block may include recreation therapy, socialization
therapy, or independent living skills therapy, but only if the therapies are included in the
client's individual treatment plandeleted text end new text begin The structured treatment program may include individual
or group psychotherapy and recreation therapy, socialization therapy, or independent
living skills therapy, if included in the client's individual treatment plannew text end . Day treatment
programs are not part of inpatient or residential treatment services; and
(4) a preschool program is a structured treatment program offered to a child who
is at least 33 months old, but who has not yet reached the first day of kindergarten, by a
preschool multidisciplinary team in a day program licensed under Minnesota Rules, parts
9503.0005 to 9503.0175. The program must be available at least one day a week for a
minimum two-hour time block. The structured treatment program may include individual
or group psychotherapy and recreation therapy, socialization therapy, or independent
living skills therapy, if included in the client's individual treatment plan.
(b) A provider entity must deliver the service components of children's therapeutic
services and supports in compliance with the following requirements:
(1) individual, family, and group psychotherapy must be delivered as specified in
Minnesota Rules, part 9505.0323;
(2) individual, family, or group skills training must be provided by a mental health
professional or a mental health practitioner who has a consulting relationship with a
mental health professional who accepts full professional responsibility for the training;
(3) crisis assistance must be time-limited and designed to resolve or stabilize crisis
through arrangements for direct intervention and support services to the child and the
child's family. Crisis assistance must utilize resources designed to address abrupt or
substantial changes in the functioning of the child or the child's family as evidenced by
a sudden change in behavior with negative consequences for well being, a loss of usual
coping mechanisms, or the presentation of danger to self or others;
(4) medically necessary services that are provided by a mental health behavioral
aide must be designed to improve the functioning of the child and support the family in
activities of daily and community living. A mental health behavioral aide must document
the delivery of services in written progress notes. The mental health behavioral aide
must implement goals in the treatment plan for the child's emotional disturbance that
allow the child to acquire developmentally and therapeutically appropriate daily living
skills, social skills, and leisure and recreational skills through targeted activities. These
activities may include:
(i) assisting a child as needed with skills development in dressing, eating, and
toileting;
(ii) assisting, monitoring, and guiding the child to complete tasks, including
facilitating the child's participation in medical appointments;
(iii) observing the child and intervening to redirect the child's inappropriate behavior;
(iv) assisting the child in using age-appropriate self-management skills as related
to the child's emotional disorder or mental illness, including problem solving, decision
making, communication, conflict resolution, anger management, social skills, and
recreational skills;
(v) implementing deescalation techniques as recommended by the mental health
professional;
(vi) implementing any other mental health service that the mental health professional
has approved as being within the scope of the behavioral aide's duties; or
(vii) assisting the parents to develop and use parenting skills that help the child
achieve the goals outlined in the child's individual treatment plan or individual behavioral
plan. Parenting skills must be directed exclusively to the child's treatment; and
(5) direction of a mental health behavioral aide must include the following:
(i) a total of one hour of on-site observation by a mental health professional during
the first 12 hours of service provided to a child;
(ii) ongoing on-site observation by a mental health professional or mental health
practitioner for at least a total of one hour during every 40 hours of service provided
to a child; and
(iii) immediate accessibility of the mental health professional or mental health
practitioner to the mental health behavioral aide during service provision.
Sec. 8.
Minnesota Statutes 2008, section 256F.13, subdivision 1, is amended to read:
Subdivision 1.
Federal revenue enhancement.
(a) The commissioner of human
services may enter into an agreement with one or more family services collaboratives
to enhance federal reimbursement under title IV-E of the Social Security Act and
federal administrative reimbursement under title XIX of the Social Security Act. The
commissioner may contract with the Department of Education for purposes of transferring
the federal reimbursement to the commissioner of education to be distributed to the
collaboratives according to clause (2). The commissioner shall have the following
authority and responsibilities regarding family services collaboratives:
(1) the commissioner shall submit amendments to state plans and seek waivers as
necessary to implement the provisions of this section;
(2) the commissioner shall pay the federal reimbursement earned under this
subdivision to each collaborative based on their earnings. Payments to collaboratives for
expenditures under this subdivision will only be made of federal earnings from services
provided by the collaborative;
(3) the commissioner shall review expenditures of family services collaboratives
using reports specified in the agreement with the collaborative to ensure that the base level
of expenditures is continued and new federal reimbursement is used to expand education,
social, health, or health-related services to young children and their families;
(4) the commissioner may reduce, suspend, or eliminate a family services
collaborative's obligations to continue the base level of expenditures or expansion of
services if the commissioner determines that one or more of the following conditions
apply:
(i) imposition of levy limits that significantly reduce available funds for social,
health, or health-related services to families and children;
(ii) reduction in the net tax capacity of the taxable property eligible to be taxed by
the lead county or subcontractor that significantly reduces available funds for education,
social, health, or health-related services to families and children;
(iii) reduction in the number of children under age 19 in the county, collaborative
service delivery area, subcontractor's district, or catchment area when compared to the
number in the base year using the most recent data provided by the State Demographer's
Office; or
(iv) termination of the federal revenue earned under the family services collaborative
agreement;
(5) the commissioner shall not use the federal reimbursement earned under this
subdivision in determining the allocation or distribution of other funds to counties or
collaboratives;
(6) the commissioner may suspend, reduce, or terminate the federal reimbursement
to a provider that does not meet the reporting or other requirements of this subdivision;
(7) the commissioner shall recover from the family services collaborative any federal
fiscal disallowances or sanctions for audit exceptions directly attributable to the family
services collaborative's actions in the integrated fund, or the proportional share if federal
fiscal disallowances or sanctions are based on a statewide random sample; and
(8) the commissioner shall establish criteria for the family services collaborative
for the accounting and financial management system that will support claims for federal
reimbursement.
(b) The family services collaborative shall have the following authority and
responsibilities regarding federal revenue enhancement:
(1) the family services collaborative shall be the party with which the commissioner
contracts. A lead county shall be designated as the fiscal agency for reporting, claiming,
and receiving payments;
(2) the family services collaboratives may enter into subcontracts with other
counties, school districts, special education cooperatives, municipalities, and other public
and nonprofit entities for purposes of identifying and claiming eligible expenditures to
enhance federal reimbursement, or to expand education, social, health, or health-related
services to families and children;
(3) deleted text begin the family services collaborative must continue the base level of expenditures for
education, social, health, or health-related services to families and children from any state,
county, federal, or other public or private funding source which, in the absence of the new
federal reimbursement earned under this subdivision, would have been available for those
services, except as provided in paragraph (a), clause (4). The base year for purposes of this
subdivision shall be the four-quarter calendar year ending at least two calendar quarters
before the first calendar quarter in which the new federal reimbursement is earned;
deleted text end
deleted text begin (4)deleted text end the family services collaborative must use all new federal reimbursement
resulting from federal revenue enhancement to expand expenditures for education, social,
health, or health-related services to families and children beyond the base level, except
as provided in paragraph (a), clause (4);
deleted text begin (5)deleted text end new text begin (4)new text end the family services collaborative must ensure that expenditures submitted
for federal reimbursement are not made from federal funds or funds used to match other
federal funds. Notwithstanding section 256B.19, subdivision 1, for the purposes of family
services collaborative expenditures under agreement with the department, the nonfederal
share of costs shall be provided by the family services collaborative from sources other
than federal funds or funds used to match other federal funds;
deleted text begin (6)deleted text end new text begin (5)new text end the family services collaborative must develop and maintain an accounting
and financial management system adequate to support all claims for federal reimbursement,
including a clear audit trail and any provisions specified in the agreement; and
deleted text begin (7)deleted text end new text begin (6)new text end the family services collaborative shall submit an annual report to the
commissioner as specified in the agreement.
Sec. 9.
Minnesota Statutes 2008, section 260C.212, subdivision 4a, is amended to read:
Subd. 4a.
Monthly caseworker visits.
(a) Every child in foster care or on a trial
home visit shall be visited by the child's caseworker on a monthly basis, with the majority
of visits occurring in the child's residence. For the purposes of this section, the following
definitions apply:
(1) "visit" is defined as a face-to-face contact between a child and the child's
caseworker;
(2) "visited on a monthly basis" is defined as at least one visit per calendar month;
(3) "the child's caseworker" is defined as the person who has responsibility for
managing the child's foster care placement casenew text begin or another person who has responsibility
for visitation of the child,new text end as assigned by the responsible social service agency; and
(4) "the child's residence" is defined as the home where the child is residing, and
can include the foster home, child care institution, or the home from which the child was
removed if the child is on a trial home visit.
(b) Caseworker visits shall be of sufficient substance and duration to address issues
pertinent to case planning and service delivery to ensure the safety, permanency, and
well-being of the child.
Sec. 10.
Minnesota Statutes 2008, section 260C.212, subdivision 11, is amended to
read:
Subd. 11.
Rules; family and group foster care.
deleted text begin The commissioner shall revise
Minnesota Rules, parts 9545.0010 to 9545.0260, the rules setting standards for family and
group family foster care.deleted text end The commissioner shall:
(1) require that, as a condition of licensure, foster care providers attend training on
understanding and validating the cultural heritage of all children in their care, and on the
importance of the Indian Child Welfare Act, United States Code, title 25, sections 1901 to
1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; deleted text begin and
deleted text end
(2) review and, where necessary, revise foster care rules to reflect sensitivity to
cultural diversity and differing lifestyles. Specifically, the commissioner shall examine
whether space and other requirements discriminate against single-parent, minority, or
low-income families who may be able to provide quality foster care reflecting the values
of their own respective culturesnew text begin ; and
new text end
new text begin (3) relieve relative foster care providers of the requirements promulgated as a result
of clauses (1) and (2) when the safety of the child is not jeopardized and as allowed
under federal lawnew text end .
Sec. 11.
Minnesota Statutes 2008, section 261.035, is amended to read:
261.035 new text begin CREMATION AND new text end FUNERALS AT EXPENSE OF COUNTY.
When a person dies in any county without apparent means to provide for that
person's funeral or final disposition, the county board shall first investigate to determine
whether that person had contracted for any prepaid funeral arrangements. If new text begin prepaid
new text end arrangements have been made, the county shall authorize arrangements to be implemented
in accord with the instructions of the deceased. If it is determined that the person did not
leave sufficient means to defray the necessary expenses of a funeral and final disposition,
nor any spouse of sufficient ability to procure the burial, the county board shall provide for
deleted text begin a funeral and final dispositiondeleted text end new text begin cremation new text end of the person's remains deleted text begin to be madedeleted text end at the expense
of the county. new text begin If it is determined that cremation is not in accordance with the religious
and moral beliefs of the decedent or the decedent's spouse or the decedent's next of kin,
the county board shall provide for a funeral. new text end Any funeral and final disposition provided
at the expense of the county shall be in accordance with religious and moral beliefs of
the decedent or the decedent's spouse or the decedent's next of kin. If the wishes of the
decedent are not known and the county has no information about the existence of or
location of any next of kin, the county deleted text begin may determine the method of final dispositiondeleted text end new text begin shall
provide for cremation of the person's remainsnew text end .
ARTICLE 3
HEALTH CARE
Section 1.
Minnesota Statutes 2008, section 62Q.37, subdivision 3, is amended to read:
Subd. 3.
Audits.
(a) The commissioner may conduct routine audits and
investigations as prescribed under the commissioner's respective state authorizing statutes.
If a nationally recognized independent organization has conducted an audit of the health
plan company using audit procedures that are comparable to or more stringent than the
commissioner's audit procedures:
(1) the commissioner deleted text begin maydeleted text end new text begin shall new text end accept the independent audit and require no further
audit if the results of the independent audit show that the performance standard being
audited meets or exceeds state standards;
(2) the commissioner may accept the independent audit and limit further auditing
if the results of the independent audit show that the performance standard being audited
partially meets state standards;
(3) the health plan company must demonstrate to the commissioner that the
nationally recognized independent organization that conducted the audit is qualified and
that the results of the audit demonstrate that the particular performance standard partially
or fully meets state standards; and
(4) if the commissioner has partially or fully accepted an independent audit of the
performance standard, the commissioner may use the finding of a deficiency with regard
to statutes or rules by an independent audit as the basis for a targeted audit or enforcement
action.
(b) If a health plan company has formally delegated activities that are required
under either state law or contract to another organization that has undergone an audit by
a nationally recognized independent organization, that health plan company may use
the nationally recognized accrediting body's determination on its own behalf under this
section.
Sec. 2.
Minnesota Statutes 2008, section 144A.04, subdivision 11, is amended to read:
Subd. 11.
Incontinent residents.
Notwithstanding Minnesota Rules, part
4658.0520, an incontinent resident must be deleted text begin checked according to a specific time interval
written in the resident'sdeleted text end new text begin treated according to the comprehensive assessment and new text end care plan.
deleted text begin The resident's attending physician must authorize in writing any interval longer than
two hours unless the resident, if competent, or a family member or legally appointed
conservator, guardian, or health care agent of a resident who is not competent, agrees in
writing to waive physician involvement in determining this interval, and this waiver
is documented in the resident's care plan.
deleted text end
Sec. 3.
Minnesota Statutes 2008, section 144A.04, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Resident positioning. new text end
new text begin
Notwithstanding Minnesota Rules, part 4658.0525,
subpart 4, the position of residents unable to change their own position must be changed
based on the comprehensive assessment and care plan.
new text end
Sec. 4.
Minnesota Statutes 2008, section 144A.43, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Medication reminder. new text end
new text begin
"Medication reminder" means providing a verbal
or visual reminder to a client to take medication. This includes bringing the medication
to the client and providing liquids or nutrition to accompany medication that a client is
self-administering.
new text end
Sec. 5.
Minnesota Statutes 2008, section 144A.45, subdivision 1, is amended to read:
Subdivision 1.
Rules.
The commissioner shall adopt rules for the regulation of
home care providers pursuant to sections 144A.43 to 144A.47. The rules shall include
the following:
(1) provisions to assure, to the extent possible, the health, safety and well-being, and
appropriate treatment of persons who receive home care services;
(2) requirements that home care providers furnish the commissioner with specified
information necessary to implement sections 144A.43 to 144A.47;
(3) standards of training of home care provider personnel, which may vary according
to the nature of the services provided or the health status of the consumer;
(4) standards for medication management which may vary according to the nature of
the services provided, the setting in which the services are provided, or the status of the
consumer. Medication management includes the central storage, handling, distribution,
and administration of medications;
(5) standards for supervision of home care services requiring supervision by a
registered nurse or other appropriate health care professional which must occur on site
at least every 62 days, or more frequently if indicated by a clinical assessment, and in
accordance with sections 148.171 to 148.285 and rules adopted thereunder, except thatdeleted text begin ,
notwithstanding the provisions of Minnesota Rules, part 4668.0110, subpart 5, item B,
supervision ofdeleted text end a person performing home care aide tasks for a class B licensee providing
paraprofessional services deleted text begin must occur only every 180 days, or more frequently if indicated
by a clinical assessmentdeleted text end new text begin does not require nursing supervisionnew text end ;
(6) standards for client evaluation or assessment which may vary according to the
nature of the services provided or the status of the consumer;
(7) requirements for the involvement of a consumer's physician, the documentation
of physicians' orders, if required, and the consumer's treatment plan, and the maintenance
of accurate, current clinical records;
(8) the establishment of different classes of licenses for different types of providers
and different standards and requirements for different kinds of home care services; and
(9) operating procedures required to implement the home care bill of rights.
Sec. 6.
Minnesota Statutes 2008, section 144A.45, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Home health aide qualifications. new text end
new text begin
Notwithstanding the provisions of
Minnesota Rules, part 4668.0100, subpart 5, a person may perform home health aide tasks
if the person maintains current registration as a nursing assistant on the Minnesota nursing
assistant registry. Maintaining current registration on the Minnesota nursing assistant
registry satisfies the documentation requirements of Minnesota Rules, part 4668.0110,
subpart 3.
new text end
Sec. 7.
new text begin
[245B.031] ACCREDITATION, ALTERNATIVE INSPECTION, AND
DEEMED COMPLIANCE.
new text end
new text begin Subdivision 1. new text end
new text begin
Day training and habilitation or supported employment services
programs; alternative inspection status.
new text end
new text begin
(a) A license holder providing day training and
habilitation services or supported employment services according to this chapter, with a
three-year accreditation from the Commission on Rehabilitation Facilities, that has had at
least one on-site inspection by the commissioner following issuance of the initial license
may request alternative inspection status under this section.
new text end
new text begin
(b) The request for alternative inspection status must be made in the manner
prescribed by the commissioner, and must include:
new text end
new text begin
(1) a copy of the license holder's application to the Commission on Rehabilitation
Facilities for accreditation;
new text end
new text begin
(2) the most recent Commission on Rehabilitation Facilities accreditation survey
report; and
new text end
new text begin
(3) the most recent letter confirming the three-year accreditation and approval of the
license holder's quality improvement plan.
new text end
new text begin
Based on the request and the accompanying materials, the commissioner may approve
alternative inspection status.
new text end
new text begin
(c) Following approval of alternative inspection status, the commissioner may
terminate the alternative inspection status or deny a subsequent alternative inspection
status if the commissioner determines that any of the following conditions have occurred
after approval of the alternative inspection process:
new text end
new text begin
(1) the license holder has not maintained full three-year accreditation;
new text end
new text begin
(2) the commissioner has substantiated maltreatment for which the license holder or
facility is determined to be responsible during the three-year accreditation period; and
new text end
new text begin
(3) during the three-year accreditation period, the license holder has been issued
an order for conditional license, a fine, suspension, or license revocation that has not
been reversed upon appeal.
new text end
new text begin
(d) The commissioner's decision that the conditions for approval for the alternative
licensing inspection status have not been met is final and not subject to appeal under the
provisions of chapter 14.
new text end
new text begin Subd. 2. new text end
new text begin
Programs with three-year accreditation, exempt from certain statutes.
new text end
new text begin
(a) A license holder approved for alternative inspection status under this section is exempt
from the requirements under:
new text end
new text begin
(1) section 245B.04;
new text end
new text begin
(2) section 245B.05, subdivisions 5 and 6;
new text end
new text begin
(3) section 245B.06, subdivisions 1, 3, 4, 5, and 6; and
new text end
new text begin
(4) section 245B.07, subdivisions 1, 4, and 6.
new text end
new text begin
(b) Upon receipt of a complaint regarding a requirement under paragraph (a), the
commissioner shall refer the complaint to the Commission on Rehabilitation Facilities for
possible follow-up.
new text end
new text begin Subd. 3. new text end
new text begin
Programs with three-year accreditation, deemed to be in compliance
with nonexempt licensing requirements.
new text end
new text begin
(a) License holders approved for alternative
inspection status under this section are required to maintain compliance with all licensing
standards from which they are not exempt under subdivision 2, paragraph (a).
new text end
new text begin
(b) License holders approved for alternative inspection status under this section shall
be deemed to be in compliance with all nonexempt statutes, and the commissioner shall
not perform routine licensing inspections.
new text end
new text begin
(c) Upon receipt of a complaint regarding the services of a license holder approved
for alternative inspection under this section that is not related to a licensing requirement
from which the license holder is exempt under subdivision 2, the commissioner shall
investigate the complaint and may take any action as provided under section 245A.06 or
245A.07.
new text end
new text begin Subd. 4. new text end
new text begin
Investigations of alleged maltreatment of minors or vulnerable adults.
new text end
new text begin
Nothing in this section changes the commissioner's responsibilities to investigate alleged
or suspected maltreatment of a minor under section 626.556 or vulnerable adult under
section 626.557.
new text end
new text begin Subd. 5. new text end
new text begin
Commissioner request to the Commission on Rehabilitation Facilities
to expand accreditation survey.
new text end
new text begin
The commissioner shall submit a request to the
Commission on Rehabilitation Facilities to routinely inspect for compliance with standards
that are similar to the following nonexempt licensing requirements:
new text end
new text begin
(1) section 245A.65;
new text end
new text begin
(2) section 245A.66;
new text end
new text begin
(3) section 245B.05, subdivisions 1, 2, and 7;
new text end
new text begin
(4) section 245B.055;
new text end
new text begin
(5) section 245B.06, subdivisions 2, 7, 9, and 10;
new text end
new text begin
(6) section 245B.07, subdivisions 2, 5, and 8, paragraph (a), clause (7);
new text end
new text begin
(7) section 245C.04, subdivision 1, paragraph (f);
new text end
new text begin
(8) section 245C.07;
new text end
new text begin
(9) section 245C.13, subdivision 2;
new text end
new text begin
(10) section 245C.20; and
new text end
new text begin
(11) Minnesota Rules, parts 9525.2700 to 9525.2810.
new text end
Sec. 8.
Minnesota Statutes 2008, section 256.962, subdivision 6, is amended to read:
Subd. 6.
School districtsnew text begin and charter schoolsnew text end .
(a) At the beginning of each school
year, a school district new text begin or charter school new text end shall provide information to each student on the
availability of health care coverage through the Minnesota health care programs.
(b) deleted text begin For each child who is determined to be eligible for the free and reduced-price
school lunch program, the district shall provide the child's family with information on how
to obtain an application for the Minnesota health care programs and application assistance.
deleted text end
deleted text begin (c)deleted text end A new text begin school new text end district new text begin or charter school new text end shall also ensure that applications and
information on application assistance are available at early childhood education sites and
public schools located within the district's jurisdiction.
deleted text begin (d)deleted text end new text begin (c)new text end Each district shall designate an enrollment specialist to provide application
assistance and follow-up services with families who have indicated an interest in receiving
information or an application for the Minnesota health care program. A district is eligible
for the application assistance bonus described in subdivision 5.
deleted text begin (e) Eachdeleted text end new text begin (d) If a school district or charter school maintains a district Web site, thenew text end
school district new text begin or charter school new text end shall provide on deleted text begin theirdeleted text end new text begin itsnew text end Web site a link to information on
how to obtain an application and application assistance.
Sec. 9.
Minnesota Statutes 2008, section 471.61, subdivision 1, is amended to read:
Subdivision 1.
Officers, employees.
A county, municipal corporation, town, school
district, county extension committee, other political subdivision or other body corporate
and politic of this state, other than the state or any department of the state, through its
governing body, and any two or more subdivisions acting jointly through their governing
bodies, may insure or protect its or their officers and employees, and their dependents, or
any class or classes of officers, employees, or dependents, under a policy or policies or
contract or contracts of group insurance or benefits covering life, health, and accident, in
the case of employees, and medical and surgical benefits and hospitalization insurance
or benefits for both employees and dependents or dependents of an employee whose
death was due to causes arising out of and in the course of employment, or any one or
more of those forms of insurance or protection. A governmental unit, including county
extension committees and those paying their employees, may pay all or any part of
the premiums or charges on the insurance or protection. A payment is deemed to be
additional compensation paid to the officers or employees, but for purposes of determining
contributions or benefits under a public pension or retirement system it is not deemed
to be additional compensation. One or more governmental units may determine that
a person is an officer or employee if the person receives income from the governmental
subdivisions without regard to the manner of election or appointment, including but not
limited to employees of county historical societies that receive funding from the county
and employees of the Minnesota Inter-county Association. The appropriate officer of
the governmental unit, or those disbursing county extension funds, shall deduct from
the salary or wages of each officer and employee who elects to become insured or so
protected, on the officer's or employee's written order, all or part of the officer's or
employee's share of premiums or charges and remit the share or portion to the insurer or
company issuing the policy or contract.
A governmental unit, other than a school district, that pays all or part of the premiums
or charges is authorized to levy and collect a tax, if necessary, in the next annual tax levy
for the purpose of providing the necessary money for the payment of the premiums or
charges, and the sums levied and appropriated are not, in the event the sum exceeds the
maximum sum allowed by the charter of a municipal corporation, considered part of
the cost of government of the governmental unit as defined in any levy or expenditure
limitation; provided at least 50 percent of the cost of benefits on dependents must be
contributed by the employee or be paid by levies within existing charter tax limitations.
The word "dependents" as used in this subdivision means spouse and minor
unmarried children under the age of 18 years actually dependent upon the employee.
new text begin
Notwithstanding any other law to the contrary, a political subdivision described in
this subdivision may provide health benefits to its employees, dependents, and other
eligible persons through negotiated contributions to self-funded multiemployer health
and welfare funds.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment;
applies to contributions made before, on, or after that date; and is intended as a clarification
of existing law.
new text end
ARTICLE 4
PUBLIC SAFETY
Section 1.
Minnesota Statutes 2008, section 609.115, subdivision 1, is amended to read:
Subdivision 1.
Presentence investigation.
(a) When a defendant has been convicted
of a misdemeanor or gross misdemeanor, the court may, and when the defendant has been
convicted of a felony, the court shall, before sentence is imposed, cause a presentence
investigation and written report to be made to the court concerning the defendant's
individual characteristics, circumstances, needs, potentialities, criminal record and social
history, the circumstances of the offense and the harm caused by it to others and to the
community. At the request of the prosecutor in a gross misdemeanor case, the court shall
order that a presentence investigation and report be prepared. The investigation shall be
made by a probation officer of the court, if there is one; otherwise it shall be made by the
commissioner of corrections. The officer conducting the presentence or predispositional
investigation shall make reasonable and good faith efforts to contact and provide the
victim with the information required under section 611A.037, subdivision 2. Presentence
investigations shall be conducted and summary hearings held upon reports and upon
the sentence to be imposed upon the defendant in accordance with this section, section
244.10, and the Rules of Criminal Procedure.
(b) When the crime is a violation of sections 609.561 to 609.563, 609.5641, or
609.576 and involves a fire, the report shall include a description of the financial and
physical harm the offense has had on the public safety personnel who responded to the
fire. For purposes of this paragraph, "public safety personnel" means the state fire marshal;
employees of the Division of the State Fire Marshal; firefighters, regardless of whether the
firefighters receive any remuneration for providing services; peace officers, as defined in
section 626.05, subdivision 2; individuals providing emergency management services; and
individuals providing emergency medical services.
deleted text begin
(c) When the crime is a felony violation of chapter 152 involving the sale or
distribution of a controlled substance, the report shall include a description of any adverse
social or economic effects the offense has had on persons who reside in the neighborhood
where the offense was committed.
deleted text end
deleted text begin (d)deleted text end new text begin (c) new text end The report shall also include the information relating to crime victims
required under section 611A.037, subdivision 1. If the court directs, the report shall
include an estimate of the prospects of the defendant's rehabilitation and recommendations
as to the sentence which should be imposed. In misdemeanor cases the report may be oral.
deleted text begin (e)deleted text end new text begin (d) new text end When a defendant has been convicted of a felony, and before sentencing, the
court shall cause a sentencing worksheet to be completed to facilitate the application of
the Minnesota Sentencing Guidelines. The worksheet shall be submitted as part of the
presentence investigation report.
deleted text begin (f)deleted text end new text begin (e) new text end When a person is convicted of a felony for which the Sentencing Guidelines
presume that the defendant will be committed to the commissioner of corrections under an
executed sentence and no motion for a sentencing departure has been made by counsel,
the court may, when there is no space available in the local correctional facility, commit
the defendant to the custody of the commissioner of corrections, pending completion of
the presentence investigation and report. When a defendant is convicted of a felony for
which the Sentencing Guidelines do not presume that the defendant will be committed
to the commissioner of corrections, or for which the Sentencing Guidelines presume
commitment to the commissioner but counsel has moved for a sentencing departure,
the court may commit the defendant to the commissioner with the consent of the
commissioner, pending completion of the presentence investigation and report. The
county of commitment shall return the defendant to the court when the court so orders.
ARTICLE 5
LOCAL GOVERNMENT
Section 1.
Minnesota Statutes 2008, section 6.80, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Group applications. new text end
new text begin
Local government units similarly situated for the
purposes of a specific administrative rule or state procedural law may submit a group
application for a waiver or temporary exemption. The application must provide all of the
information required in subdivision 2 with regard to each local government unit included
in the application to the extent the information differs from any other local government
unit included in the application. Each local government unit included must provide a
copy of the application to the exclusive representative certified under section 179A.12
to represent employees who provide the service or program affected by the requested
waiver or exemption. Review of the group application shall be the same as for a single
local government unit's application. If granted, the agreement must be the same for all
included in the application and it applies to each local government unit that enters into the
agreement with the state auditor.
new text end
Sec. 2.
new text begin
[14.128] EFFECTIVE DATE FOR RULES REQUIRING LOCAL
IMPLEMENTATION.
new text end
new text begin Subdivision 1. new text end
new text begin Determination. new text end
new text begin
An agency must determine if a local government
will be required to adopt or amend an ordinance or other regulation to comply with a
proposed agency rule. An agency must make this determination before the close of the
hearing record or before the agency submits the record to the administrative law judge if
there is no hearing. The administrative law judge must review and approve or disapprove
the agency's determination. "Local government" means a town, county, or home rule
charter or statutory city.
new text end
new text begin Subd. 2. new text end
new text begin Effective dates. new text end
new text begin
If the agency determines that the proposed rule requires
adoption or amendment of an ordinance or other regulation, or if the administrative law
judge disapproves the agency's determination that the rule does not have this effect, the
rule may not become effective until:
new text end
new text begin
(1) the next July 1 or January 1 after notice of final adoption is published in the
State Register; or
new text end
new text begin
(2) a later date provided by law or specified in the proposed rule.
new text end
new text begin Subd. 3. new text end
new text begin Exceptions. new text end
new text begin
Subdivision 2 does not apply:
new text end
new text begin
(1) to a rule adopted under section 14.388, 14.389, or 14.3895, or under another law
specifying that the rulemaking procedures of this chapter do not apply;
new text end
new text begin
(2) if the agency has been directed by law to adopt the rule or to commence the
rulemaking process;
new text end
new text begin
(3) if the administrative law judge approves an agency's determination that the rule
has been proposed pursuant to a specific federal statutory or regulatory mandate that
requires the rule to take effect before the date specified in subdivision 1; or
new text end
new text begin
(4) if the governor waives application of subdivision 2.
new text end
Sec. 3.
Minnesota Statutes 2008, section 168.33, subdivision 7, is amended to read:
Subd. 7.
Filing fees; allocations.
(a) In addition to all other statutory fees and
taxes, a filing fee of:
(1) $4.50 is imposed on every vehicle registration renewal, excluding pro rate
transactions; and
(2) $8.50 is imposed on every other type of vehicle transaction, including pro rate
transactions;
except that a filing fee may not be charged for a document returned for a refund or for
a correction of an error made by the Department of Public Safety, a dealer, or a deputy
registrar. The filing fee must be shown as a separate item on all registration renewal
notices sent out by the commissioner. No filing fee or other fee may be charged for the
permanent surrender of a title for a vehicle.
(b) new text begin The fees imposed under paragraph (a) may be paid by credit card or debit
card. The deputy registrar may collect a surcharge on the fee not to exceed the cost of
processing a credit card or debit card transaction, in accordance with emergency rules
established by the commissioner of public safety.
new text end
new text begin (c) new text end All of the fees collected under paragraph (a), clause (1), by the department, must
be paid into the vehicle services operating account in the special revenue fund under
section 299A.705. Of the fee collected under paragraph (a), clause (2), by the department,
$3.50 must be paid into the general fund with the remainder deposited into the vehicle
services operating account in the special revenue fund under section 299A.705.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for fees collected after July 31, 2009.
new text end
Sec. 4.
Minnesota Statutes 2008, section 211B.37, is amended to read:
211B.37 COSTS ASSESSED.
new text begin Subdivision 1. new text end
new text begin Cost of proceedings; statewide ballot questions. new text end
Except as
otherwise provided in new text begin subdivision 2 and new text end section 211B.36, subdivision 3, the chief
administrative law judge shall assess the cost of considering complaints filed under
section 211B.32 as provided in this section. Costs of complaints relating to a statewide
ballot question or an election for a statewide or legislative office must be assessed against
the appropriation from the general fund to the general account of the state elections
campaign fund in section 10A.31, subdivision 4. Costs of complaints relating to any
other ballot question or elective office must be assessed deleted text begin against the county or counties in
which the election is held. Where the election is held in more than one county, the chief
administrative law judge shall apportion the assessment among the counties in proportion
to their respective populations within the election district to which the complaint relates
according to the most recent decennial federal censusdeleted text end new text begin as provided in subdivision 2new text end .
new text begin Subd. 2. new text end
new text begin Cost of proceedings; other ballot questions. new text end
new text begin
The costs of complaints
relating to a ballot question other than a statewide ballot question or an election other
than an election for a statewide or legislative office must be paid by the parties in the
proportions that they agree to. Notwithstanding section 14.53 or other law, the Office of
Administrative Hearings is not liable for the costs. If the parties do not agree to a division
of the costs before the commencement of mediation, arbitration, or hearing, the costs must
be allocated on an equitable basis by the mediator, arbitrator, or chief administrative law
judge. The chief administrative law judge may contract with the parties to a matter for
the purpose of providing administrative law judges and reporters for an administrative
proceeding or alternative dispute resolution. The chief administrative law judge shall
assess the cost of services rendered by the Office of Administrative Hearings as provided
by section 14.53.
new text end
Sec. 5.
Minnesota Statutes 2008, section 306.243, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Abandonment; end of operation as cemetery. new text end
new text begin
A county that has accepted
responsibility for an abandoned cemetery may prohibit further burials in the abandoned
cemetery, and may cease all acceptance of responsibility for new burials.
new text end
Sec. 6.
Minnesota Statutes 2008, section 326B.145, is amended to read:
326B.145 ANNUAL REPORT.
deleted text begin Beginning with the first report filed by June 30, 2003,deleted text end Each municipality shall
annually report by June 30 to the department, in a format prescribed by the department, all
construction and development-related fees collected by the municipality from developers,
builders, and subcontractors if the cumulative fees collected exceeded $5,000 in the
reporting yearnew text begin , except that, for reports due June 30, 2009, to June 30, 2013, the reporting
threshold is $10,000new text end . The report must include:
(1) the number and valuation of units for which fees were paid;
(2) the amount of building permit fees, plan review fees, administrative fees,
engineering fees, infrastructure fees, and other construction and development-related
fees; and
(3) the expenses associated with the municipal activities for which fees were
collected.
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 2008, section 344.18, is amended to read:
344.18 COMPENSATION OF VIEWERS.
Fence viewers must be paid for their services by the person employing them deleted text begin at the
rate of $15 each for each day's employment. $60 must be deposited with the town or city
treasurer before the service is performed. Upon completion of the service, any of the $60
not spent to compensate the fence viewers must be returned to the depositordeleted text end .new text begin The town
board may by resolution require the person employing the fence viewers to post a bond or
other security acceptable to the board for the total estimated costs before the viewing takes
place. The total estimated costs may include the cost of professional and other services,
hearing costs, administrative costs, recording costs, and other costs and expenses the town
may incur in connection with the viewing.
new text end
Sec. 8.
Minnesota Statutes 2008, section 365.28, is amended to read:
365.28 PUBLIC BURIAL GROUND IS TOWN'S AFTER TEN YEARS.
A tract of land in a town becomes town property after it has been used as a public
burial ground for ten years if the tract is not owned by a cemetery association. The town
board shall control the burial ground as it controls other town cemeteries.new text begin A town that
has accepted responsibility for an abandoned cemetery may prohibit further burials in the
abandoned cemetery, and may cease all acceptance of responsibility for new burials.
new text end
Sec. 9.
Minnesota Statutes 2008, section 375.12, subdivision 2, is amended to read:
Subd. 2.
Small claims totaled.
Individualized itemized accounts, claims or
demands allowed by the county board pursuant to section 471.38, subdivision 1, need not
be published pursuant to subdivision 1, if the amount allowed from each claim is deleted text begin $300deleted text end new text begin
$2,000new text end or less. The official proceedings following the itemization of accounts required
shall contain a statement showing the total number of claims that did not exceed deleted text begin $300deleted text end new text begin
$2,000new text end and their total dollar amount.
Sec. 10.
Minnesota Statutes 2008, section 382.265, is amended to read:
382.265 CLERK HIRE IN CERTAIN COUNTIES.
In all counties of this state where the amount of clerk hire now or hereafter provided
by law for any county office shall be insufficient to meet the requirements of said office,
the county officer in need of additional clerk hire shall prepare a petition and statement
setting forth therein the amount of additional clerk hire needed and file the same with the
county auditor, who shall present the same to the board of county commissioners at the
next meeting of said board. If the board of county commissioners shall grant said petition
by majority vote of all members elected to the board, then the amount of additional clerk
hire requested in said petition shall thereupon become effective for said office. Said board
shall act on any such petition within 60 days from the time it has been filed with the
county auditor. If the board of county commissioners shall determine that the amount of
additional clerk hire requested in said petition is excessive and more than is necessary for
said office, it shall fix the amount of such additional clerk hire to be allowed, if any, and
notify such officer thereof. deleted text begin If said county officer or any taxpayer of the county shall be
dissatisfied with the decision of the board of county commissioners, the officer may, at
the officer's own expense, within ten days after the decision of said board, appeal to the
district court. The district court, either in term or vacation and upon ten days' notice to
the chair of the board of county commissioners, shall hear such appeal and summarily
determine the amount of additional clerk hire needed by an order, a copy of which shall
be filed with the county auditor.
deleted text end
Sec. 11.
Minnesota Statutes 2008, section 384.151, subdivision 1a, is amended to read:
Subd. 1a.
Implementation.
(a) The county board of each of the counties deleted text begin specified
in subdivision 1deleted text end new text begin of less than 75,000 populationnew text end annually shall set by resolution the salary
of the county auditor which shall be paid to the county auditor at such intervals as the
board shall determine but not less often than once each month.
(b) At the January meeting prior to the first date on which applicants may file for the
office of county auditor the board shall set by resolution the minimum salary to be paid the
county auditor for the term next following.
(c) In the event a vacancy occurs in the office of county auditor the board may
set the annual salary for the remainder of the calendar year at an amount less than was
set for that year.
deleted text begin
(d) The board, in any case specified in this subdivision, may not set the annual
salary at an amount less than the minimums provided in this subdivision but it may set
the salary in excess of such minimums.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The salary of the county auditor shall not be reduced during the term for
which the auditor was elected or appointed.
deleted text begin (f)deleted text end new text begin (e)new text end In the event that duties are assigned to the auditor which are in addition to
duties as auditor, additional compensation may be provided for the additional duties. The
county board by resolution shall determine the additional compensation which shall be
paid and specify the duties for which the additional compensation is to be paid.
Sec. 12.
Minnesota Statutes 2008, section 385.373, subdivision 1a, is amended to read:
Subd. 1a.
Implementation.
(a) The county board of each of the counties deleted text begin specified
in subdivision 1deleted text end new text begin of less than 75,000 populationnew text end annually shall set by resolution the salary
of the county treasurer which shall be paid to the county treasurer at such intervals as the
board shall determine but not less often than once each month.
(b) At the January meeting prior to the first date on which applicants may file for the
office of county treasurer the board shall set by resolution the minimum salary to be paid
the county treasurer for the term next following.
(c) In the event a vacancy occurs in the office of county treasurer the board may
set the annual salary for the remainder of the calendar year at an amount less than was
set for that year.
deleted text begin
(d) The board in no case may set the annual salary at an amount less than the
minimums provided in this subdivision but it may set the salary in excess of the minimums.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The salary of the county treasurer shall not be reduced during the term for
which the treasurer was elected or appointed.
deleted text begin (f)deleted text end new text begin (e)new text end In the event that duties are assigned to the treasurer which are in addition to
duties as treasurer, additional compensation may be provided for the additional duties.
The county board by resolution shall determine the additional compensation which shall
be paid and specify the duties for which the additional compensation is to be paid.
Sec. 13.
Minnesota Statutes 2008, section 386.015, subdivision 2, is amended to read:
Subd. 2.
Board's salary procedure.
(a) The county board of each of the counties
deleted text begin specified in subdivision 1deleted text end new text begin of less than 75,000 populationnew text end annually shall set by resolution
the salary of the county recorder which shall be paid to the county recorder at such
intervals as the board shall determine but not less often than once each month.
(b) At the January meeting prior to the first date on which applicants may file for the
office of county recorder the board shall set by resolution the minimum salary to be paid
county recorder for the term next following.
(c) In the event a vacancy occurs in the office of the county recorder the board
may set the annual salary for the remainder of the calendar year at an amount less than
was set for that year.
deleted text begin
(d) The board in any case specified in this subdivision may not set the annual salary
at an amount less than the minimum provided in subdivision 1 but it may set the salary in
excess of such minimums.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The salary of the county recorder shall not be reduced during the term for
which the recorder is elected or appointed.
deleted text begin (f)deleted text end new text begin (e)new text end In the event that duties are assigned to the county recorder which are in
addition to duties as county recorder, additional compensation may be provided for
the additional duties. The county board by resolution shall determine the additional
compensation which shall be paid and specify the duties for which the additional
compensation is to be paid.
Sec. 14.
Minnesota Statutes 2008, section 387.13, is amended to read:
387.13 PROHIBITIONS.
No sheriffdeleted text begin ,deleted text end new text begin or new text end deputy sheriffdeleted text begin , or coronerdeleted text end shall appear or practice as an attorney,
solicitor, or counselor at law in any court, or draw or fill up any process, pleading, or
paper for any party in any action or proceeding, nor, with intent to be employed in the
collection of any demand or the service of any process, advise or counsel any person to
commence an action or proceedingdeleted text begin ; nor shall anydeleted text end new text begin .new text end new text begin This prohibition does not apply to a
deputy sheriff who is acting with the approval of the appointing sheriff.new text end new text begin Anew text end sheriff deleted text begin bedeleted text end new text begin is notnew text end
eligible to deleted text begin anydeleted text end new text begin holdnew text end other elective office. A sheriffdeleted text begin ,deleted text end new text begin ornew text end new text begin new text end deputy sheriffdeleted text begin , or coronerdeleted text end violating
deleted text begin any of the provisions ofdeleted text end this section is guilty of a petty misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Minnesota Statutes 2008, section 387.20, subdivision 1, is amended to read:
Subdivision 1.
Counties under 75,000.
deleted text begin
(a) The sheriffs of all counties of the state
with less than 75,000 inhabitants according to the 1960 federal census shall receive yearly
salaries for all services rendered by them for their respective counties, not less than the
following amounts according to the then last preceding federal census:
deleted text end
deleted text begin
(1) in counties with less than 10,000 inhabitants, $6,000;
deleted text end
deleted text begin
(2) in counties with 10,000 but less than 20,000 inhabitants, $6,500;
deleted text end
deleted text begin
(3) in counties with 20,000 but less than 30,000 inhabitants, $7,000;
deleted text end
deleted text begin
(4) in counties with 30,000 but less than 40,000 inhabitants, $7,500;
deleted text end
deleted text begin
(5) in counties with 40,000 or more inhabitants, $8,000.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end In addition to deleted text begin suchdeleted text end new text begin the sheriff's new text end salary deleted text begin eachdeleted text end new text begin , thenew text end sheriff shall be reimbursed for
all expenses incurred in the performance of official duties for the sheriff's county and the
claim for deleted text begin suchdeleted text end new text begin thenew text end expenses shall be prepared, allowed, and paid in the same manner as
other claims against counties are prepared, allowed, and paid except that the expenses
incurred by deleted text begin suchdeleted text end new text begin thenew text end sheriffs in the performance of service required of them in connection
with insane persons either by a district court or by law and a per diem for deputies and
assistants necessarily required under deleted text begin suchdeleted text end new text begin thenew text end performance of deleted text begin suchdeleted text end new text begin thenew text end services shall be
allowed and paid as provided by the law regulating the apprehension, examination, and
commitment of insane persons; provided that any sheriff or deputy receiving an annual
salary shall pay over any per diem received to the county in the manner and at the time
prescribed by the county board, but not less often than once each month.
deleted text begin (c)deleted text end new text begin (b) new text end All claims for livery hire shall state the purpose for which such livery was
used and have attached thereto a receipt for the amount paid for such livery signed by
the person of whom it was hired.
deleted text begin (d)deleted text end new text begin (c) new text end A county may pay a sheriff or deputy as compensation for the use of a
personal automobile in the performance of official duties a mileage allowance prescribed
by the county board or a monthly or other periodic allowance in lieu of mileage. The
allowance for automobile use is not subject to limits set by other law.
Sec. 16.
Minnesota Statutes 2008, section 387.20, subdivision 2, is amended to read:
Subd. 2.
Board procedure, details.
(a) The county board of each of the counties
deleted text begin specified in this sectiondeleted text end new text begin of less than 75,000 populationnew text end annually shall set by resolution the
salary of the county sheriff which shall be paid to the county sheriff at such intervals as the
board shall determine, but not less often than once each month.
(b) At the January meeting prior to the first date on which applicants may file for the
office of county sheriff the board shall set by resolution the minimum salary to be paid the
county sheriff for the term next following.
(c) In the event a vacancy occurs in the office of county sheriff, the board may
set the annual salary for the remainder of the calendar year at an amount less than was
set for that year.
deleted text begin
(d) The board in any case specified in this subdivision may not set the annual
salary at an amount less than the minimum provided in this subdivision, but it may set
the salary in excess of such minimums.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The salary of the county sheriff shall not be reduced during the term for
which the sheriff was elected or appointed.
Sec. 17.
Minnesota Statutes 2008, section 429.041, subdivision 1, is amended to read:
Subdivision 1.
Plans and specifications, advertisement for bids.
When the
council determines to make any improvement, it shall let the contract for all or part of
the work, or order all or part of the work done by day labor or otherwise as authorized by
subdivision 2, no later than one year after the adoption of the resolution ordering such
improvement, unless a different time limit is specifically stated in the resolution ordering
the improvement. The council shall cause plans and specifications of the improvement
to be made, or if previously made, to be modified, if necessary, and to be approved and
filed with the clerk, and if the estimated cost exceeds deleted text begin $50,000deleted text end new text begin the amount in section
471.345, subdivision 3new text end , shall advertise for bids for the improvement in the newspaper and
such other papers and for such length of time as it may deem advisable. If the estimated
cost exceeds deleted text begin $100,000deleted text end new text begin twice the amount in section 471.345, subdivision 3new text end , publication
shall be made no less than three weeks before the last day for submission of bids once
in the newspaper and at least once in either a newspaper published in a city of the first
class or a trade paper. To be eligible as such a trade paper, a publication shall have all
the qualifications of a legal newspaper except that instead of the requirement that it shall
contain general and local news, such trade paper shall contain building and construction
news of interest to contractors in this state, among whom it shall have a general circulation.
The advertisement shall specify the work to be done, shall state the time when the bids
will be publicly opened for consideration by the council, which shall be not less than ten
days after the first publication of the advertisement when the estimated cost is less than
deleted text begin $100,000deleted text end new text begin twice the amount in section 471.345, subdivision 3,new text end and not less than three
weeks after such publication in other cases, and shall state that no bids will be considered
unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check,
bid bond, or certified check payable to the clerk, for such percentage of the amount of the
bid as the council may specify. In providing for the advertisement for bids the council
may direct that the bids shall be opened publicly by two or more designated officers or
agents of the municipality and tabulated in advance of the meeting at which they are to
be considered by the council. Nothing herein shall prevent the council from advertising
separately for various portions of the work involved in an improvement, or from itself,
supplying by such means as may be otherwise authorized by law, all or any part of the
materials, supplies, or equipment to be used in the improvement or from combining two or
more improvements in a single set of plans and specifications or a single contract.
Sec. 18.
Minnesota Statutes 2008, section 429.041, subdivision 2, is amended to read:
Subd. 2.
Contracts; day labor.
In contracting for an improvement, the council shall
require the execution of one or more written contracts and bonds, conditioned as required
by law. The council shall award the contract to the lowest responsible bidder or it may
reject all bids. If any bidder to whom a contract is awarded fails to enter promptly into
a written contract and to furnish the required bond, the defaulting bidder shall forfeit to
the municipality the amount of the defaulter's cash deposit, cashier's check, bid bond, or
certified check, and the council may thereupon award the contract to the next lowest
responsible bidder. When it appears to the council that the cost of the entire work projected
will be less than deleted text begin $50,000deleted text end new text begin the amount in section 471.345, subdivision 3new text end , or whenever no
bid is submitted after proper advertisement or the only bids submitted are higher than
the engineer's estimate, the council may advertise for new bids or, without advertising
for bids, directly purchase the materials for the work and do it by the employment of day
labor or in any other manner the council considers proper. The council may have the
work supervised by the city engineer or other qualified person but shall have the work
supervised by a registered engineer if done by day labor and it appears to the council that
the entire cost of all work and materials for the improvement will be more than deleted text begin $25,000deleted text end new text begin
the lowest amount in section 471.345, subdivision 4new text end . In case of improper construction
or unreasonable delay in the prosecution of the work by the contractor, the council may
order and cause the suspension of the work at any time and relet the contract, or order
a reconstruction of any portion of the work improperly done, and where the cost of
completion or reconstruction necessary will be less than deleted text begin $50,000deleted text end new text begin the amount in section
471.345, subdivision 3new text end , the council may do it by the employment of day labor.
Sec. 19.
Minnesota Statutes 2008, section 469.015, is amended to read:
469.015 LETTING OF CONTRACTS; PERFORMANCE BONDS.
Subdivision 1.
Bids; notice.
All construction work, and work of demolition or
clearing, and every purchase of equipment, supplies, or materials, necessary in carrying
out the purposes of sections 469.001 to 469.047, that involve expenditure of deleted text begin $50,000deleted text end new text begin the
amount in section 471.345, subdivision 3,new text end or more shall be awarded by contract. Before
receiving bids the authority shall publish, once a week for two consecutive weeks in an
official newspaper of general circulation in the community a notice that bids will be
received for that construction work, or that purchase of equipment, supplies, or materials.
The notice shall state the nature of the work and the terms and conditions upon which the
contract is to be let, naming a time and place where bids will be received, opened and read
publicly, which time shall be not less than seven days after the date of the last publication.
After the bids have been received, opened and read publicly and recorded, the authority
shall award the contract to the lowest responsible bidder, provided that the authority
reserves the right to reject any or all bids. Each contract shall be executed in writing, and
the person to whom the contract is awarded shall give sufficient bond to the authority for its
faithful performance. If no satisfactory bid is received, the authority may readvertise. The
authority may establish reasonable qualifications to determine the fitness and responsibility
of bidders and to require bidders to meet the qualifications before bids are accepted.
Subd. 1a.
Best value alternative.
As an alternative to the procurement method
described in subdivision 1, the authority may issue a request for proposals and award the
contract to the vendor or contractor offering the best value under a request for proposals as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Subd. 2.
Exception; emergency.
If the authority by a vote of four-fifths of its
members shall declare that an emergency exists requiring the immediate purchase of
any equipment or material or supplies at a cost in excess of deleted text begin $50,000deleted text end new text begin the amount in
section 471.345, subdivision 3,new text end but not exceeding deleted text begin $75,000deleted text end new text begin one-half again as much as
the amount in section 471.345, subdivision 3new text end , or making of emergency repairs, it shall
not be necessary to advertise for bids, but the material, equipment, or supplies may be
purchased in the open market at the lowest price obtainable, or the emergency repairs may
be contracted for or performed without securing formal competitive bids. An emergency,
for purposes of this subdivision, shall be understood to be unforeseen circumstances or
conditions which result in the placing in jeopardy of human life or property.
Subd. 3.
Performance and payment bonds.
Performance and payment bonds shall
be required from contractors for any works of construction as provided in and subject
to all the provisions of sections 574.26 to 574.31 except for contracts entered into by
an authority for an expenditure of less than deleted text begin $50,000deleted text end new text begin the minimum threshold amount in
section 471.345, subdivision 3new text end .
Subd. 4.
Exceptions.
(a) An authority need not require competitive bidding in the
following circumstances:
(1) in the case of a contract for the acquisition of a low-rent housing project:
(i) for which financial assistance is provided by the federal government;
(ii) which does not require any direct loan or grant of money from the municipality
as a condition of the federal financial assistance; and
(iii) for which the contract provides for the construction of the project upon land that
is either owned by the authority for redevelopment purposes or not owned by the authority
at the time of the contract but the contract provides for the conveyance or lease to the
authority of the project or improvements upon completion of construction;
(2) with respect to a structured parking facility:
(i) constructed in conjunction with, and directly above or below, a development; and
(ii) financed with the proceeds of tax increment or parking ramp general obligation
or revenue bonds;
(3) until August 1, 2009, with respect to a facility built for the purpose of facilitating
the operation of public transit or encouraging its use:
(i) constructed in conjunction with, and directly above or below, a development; and
(ii) financed with the proceeds of parking ramp general obligation or revenue bonds
or with at least 60 percent of the construction cost being financed with funding provided
by the federal government; and
(4) in the case of any building in which at least 75 percent of the usable square
footage constitutes a housing development project if:
(i) the project is financed with the proceeds of bonds issued under section 469.034 or
from nongovernmental sources;
(ii) the project is either located on land that is owned or is being acquired by the
authority only for development purposes, or is not owned by the authority at the time the
contract is entered into but the contract provides for conveyance or lease to the authority
of the project or improvements upon completion of construction; and
(iii) the authority finds and determines that elimination of the public bidding
requirements is necessary in order for the housing development project to be economical
and feasible.
(b) An authority need not require a performance bond for the following projects:
(1) a contract described in paragraph (a), clause (1);
(2) a construction change order for a housing project in which 30 percent of the
construction has been completed;
(3) a construction contract for a single-family housing project in which the authority
acts as the general construction contractor; or
(4) a services or materials contract for a housing project.
For purposes of this paragraph, "services or materials contract" does not include
construction contracts.
Subd. 5.
Security in lieu of bond.
The authority may accept a certified check or
cashier's check in the same amount as required for a bond in lieu of a performance bond
for contracts entered into by an authority for an expenditure of less than deleted text begin $50,000deleted text end new text begin the
minimum threshold amount in section 471.345, subdivision 3new text end . The check must be held by
the authority for 90 days after the contract has been completed. If no suit is brought within
the 90 days, the authority must return the amount of the check to the person making it. If a
suit is brought within the 90-day period, the authority must disburse the amount of the
check pursuant to the order of the court.
Sec. 20.
Minnesota Statutes 2008, section 471.661, is amended to read:
471.661 OUT-OF-STATE TRAVEL.
deleted text begin By January 1, 2006,deleted text end The governing body of each statutory or home rule charter city,
county, school district, regional agency, or other political subdivision, except a town, must
deleted text begin developdeleted text end new text begin have on recordnew text end a policy that controls travel outside the state of Minnesota for
the applicable elected officials of the relevant unit of government. The policy must be
approved by a recorded vote and specify:
(1) when travel outside the state is appropriate;
(2) applicable expense limits; and
(3) procedures for approval of the travel.
The policy must be made available for public inspection upon request deleted text begin and reviewed
annuallydeleted text end . Subsequent changes to the policy must be approved by a recorded vote.
Sec. 21.
Minnesota Statutes 2008, section 473.862, is amended to read:
473.862 METRO COUNTIES OTHER THAN HENNEPIN, RAMSEYnew text begin ,
ANOKA, AND DAKOTAnew text end .
Subdivision 1.
Contents of plan.
Comprehensive plans of counties shall contain at
least the following:
(a) Except for the counties of Hennepin deleted text begin anddeleted text end new text begin ,new text end Ramsey, new text begin Anoka, and Dakota, new text end a land
use plan as specified in section 473.859, subdivision 2, for all unincorporated territory
within the county;
(b) A public facilities plan which shall include all appropriate matters specified
in section 473.859, subdivision 3, including a transportation plan, and a description of
existing and projected solid waste disposal sites and facilities;
(c) An implementation program, as specified in section 473.859, subdivision 4.
Subd. 2.
Towns with no plan by 1976.
Each county other than Hennepin deleted text begin anddeleted text end new text begin ,new text end
Ramseynew text begin , Anoka, and Dakotanew text end shall prepare, with the participation and assistance of the
town, the comprehensive plan for any town within the county which fails by December
31, 1976, to take action by resolution pursuant to section 473.861, subdivision 2 and shall
prepare all or part of any plan delegated to it pursuant to section 473.861, subdivision 2.
Subd. 3.
Towns that cannot plan.
Each county other than Hennepin deleted text begin anddeleted text end new text begin ,new text end Ramseynew text begin ,
Anoka, and Dakotanew text end shall prepare, with the participation and assistance of the town, the
comprehensive plan for each town within the county not authorized to plan under sections
462.351 to 462.364, or under special law.
Sec. 22. new text begin RECORD RETENTION TASK FORCE; REPORT TO LEGISLATURE.
new text end
new text begin
The Records Retention Task Force of the Minnesota Clerks and Finance Officers
Association, in conjunction with the Minnesota Historical Society, must conduct a study
to review the permanent retention schedules applicable to the records of all governmental
bodies in the state. The task force study must contain recommendations for future
methods of determining the appropriate time for the retention of various classes of records
maintained by the governmental bodies and the task force must report its findings to
the appropriate standing committees of the senate and house of representatives whose
jurisdiction includes the maintenance of public records by February 15, 2010.
new text end
Sec. 23. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 373.42; 384.151, subdivisions 1 and 3; 385.373,
subdivisions 1 and 3; 386.015, subdivisions 1 and 4; and 387.20, subdivision 4,
new text end
new text begin
are
repealed.
new text end
ARTICLE 6
TAXES
Section 1.
Minnesota Statutes 2008, section 123B.10, subdivision 1, is amended to read:
Subdivision 1.
Budgets; form of notification.
(a) Every board must publish revenue
and expenditure budgets for the current year and the actual revenues, expenditures, fund
balances for the prior year and projected fund balances for the current year in a form
prescribed by the commissioner within one week of the acceptance of the final audit by
the board, or November 30, whichever is earlier. The forms prescribed must be designed
so that year to year comparisons of revenue, expenditures and fund balances can be made.
(b) A school board annually must notify the public of its revenue, expenditures, fund
balances, and other relevant budget information. The board must deleted text begin include the budget
information required by this section in the materials provided as a part of its truth in
taxation hearing,deleted text end post the materials in a conspicuous place on the district's official Web
site, including a link to the district's school report card on the Department of Education's
Web site, and publish the information in a qualified newspaper of general circulation
in the district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and
thereafter.
new text end
Sec. 2.
Minnesota Statutes 2008, section 275.065, subdivision 1, is amended to read:
Subdivision 1.
Proposed levy.
(a) Notwithstanding any law or charter to the
contrary, on or before September 15, each taxing authority, other than a school district,
shall adopt a proposed budget and shall certify to the county auditor the proposed or, in
the case of a town, the final property tax levy for taxes payable in the following year.
(b) On or before September 30, each school district that has not mutually agreed
with its home county to extend this date shall certify to the county auditor the proposed
property tax levy for taxes payable in the following year. Each school district that has
agreed with its home county to delay the certification of its proposed property tax levy
must certify its proposed property tax levy for the following year no later than October
7. The school district shall certify the proposed levy as:
(1) a specific dollar amount by school district fund, broken down between
voter-approved and non-voter-approved levies and between referendum market value
and tax capacity levies; or
(2) the maximum levy limitation certified by the commissioner of education
according to section 126C.48, subdivision 1.
(c) If the board of estimate and taxation or any similar board that establishes
maximum tax levies for taxing jurisdictions within a first class city certifies the maximum
property tax levies for funds under its jurisdiction by charter to the county auditor by
September 15, the city shall be deemed to have certified its levies for those taxing
jurisdictions.
(d) For purposes of this section, "taxing authority" includes all home rule and
statutory cities, towns, counties, school districts, and special taxing districts as defined
in section 275.066. Intermediate school districts that levy a tax under chapter 124 or
136D, joint powers boards established under sections 123A.44 to 123A.446, and Common
School Districts No. 323, Franconia, and No. 815, Prinsburg, are also special taxing
districts for purposes of this section.
new text begin
(e) At the meeting at which the taxing authority adopts its proposed tax levy
under paragraph (a) or (b), the taxing authority shall announce the time and place of its
subsequent regularly scheduled meetings at which the budget and levy will be discussed
and at which the public will be allowed to speak. The time and place of those meetings
must be included in the proceedings or summary of proceedings published in the official
newspaper of the taxing authority under sections 123B.09, 375.12, or 412.191.
new text end
Sec. 3.
Minnesota Statutes 2008, section 275.065, subdivision 3, is amended to read:
Subd. 3.
Notice of proposed property taxes.
(a) The county auditor shall prepare
and the county treasurer shall deliver after November 10 and on or before November 24
each year, by first class mail to each taxpayer at the address listed on the county's current
year's assessment roll, a notice of proposed property taxes. Upon written request by
the taxpayer, the treasurer may send the notice in electronic form or by electronic mail
instead of on paper or by ordinary mail.
(b) The commissioner of revenue shall prescribe the form of the notice.
(c) The notice must inform taxpayers that it contains the amount of property taxes
each taxing authority proposes to collect for taxes payable the following year. In the
case of a town, or in the case of the state general tax, the final tax amount will be its
proposed tax. deleted text begin In the case of taxing authorities required to hold a public meeting under
subdivision 6, the notice must clearly state that each taxing authority, including regional
library districts established under section 134.201, and including the metropolitan taxing
districts as defined in paragraph (i), but excluding all other special taxing districts and
towns, will hold a public meeting to receive public testimony on the proposed budget and
proposed or final property tax levy, or, in case of a school district, on the current budget
and proposed property tax levy.deleted text end new text begin The notice must clearly state for each city, county, school
district, regional library authority established under section 134.201, and metropolitan
taxing districts as defined in paragraph (i), the time and place of the taxing authorities'
regularly scheduled meetings in which the budget and levy will be discussed and the final
budget and levy determined, which must occur after November 24. The taxing authorities
must provide the county auditor with the information to be included in the notice on or
before the time it certifies its proposed levy under subdivision 1. The public must be
allowed to speak at the meetings. new text end It must deleted text begin clearly state the time and place of each taxing
authority's meeting,deleted text end new text begin providenew text end a telephone number for the taxing authority that taxpayers
may call if they have questions related to the noticedeleted text begin ,deleted text end and an address where comments
will be received by mail.
(d) The notice must state for each parcel:
(1) the market value of the property as determined under section 273.11, and used
for computing property taxes payable in the following year and for taxes payable in the
current year as each appears in the records of the county assessor on November 1 of the
current year; and, in the case of residential property, whether the property is classified as
homestead or nonhomestead. The notice must clearly inform taxpayers of the years to
which the market values apply and that the values are final values;
(2) the items listed below, shown separately by county, city or town, and state general
tax, net of the residential and agricultural homestead credit under section 273.1384, voter
approved school levy, other local school levy, and the sum of the special taxing districts,
and as a total of all taxing authorities:
(i) the actual tax for taxes payable in the current year; and
(ii) the proposed tax amount.
If the county levy under clause (2) includes an amount for a lake improvement
district as defined under sections 103B.501 to 103B.581, the amount attributable for that
purpose must be separately stated from the remaining county levy amount.
In the case of a town or the state general tax, the final tax shall also be its proposed
tax unless the town changes its levy at a special town meeting under section 365.52. If a
school district has certified under section 126C.17, subdivision 9, that a referendum will
be held in the school district at the November general election, the county auditor must
note next to the school district's proposed amount that a referendum is pending and that, if
approved by the voters, the tax amount may be higher than shown on the notice. In the
case of the city of Minneapolis, the levy for Minneapolis Park and Recreation shall be
listed separately from the remaining amount of the city's levy. In the case of the city of
St. Paul, the levy for the St. Paul Library Agency must be listed separately from the
remaining amount of the city's levy. In the case of Ramsey County, any amount levied
under section 134.07 may be listed separately from the remaining amount of the county's
levy. In the case of a parcel where tax increment or the fiscal disparities areawide tax
under chapter 276A or 473F applies, the proposed tax levy on the captured value or the
proposed tax levy on the tax capacity subject to the areawide tax must each be stated
separately and not included in the sum of the special taxing districts; and
(3) the increase or decrease between the total taxes payable in the current year and
the total proposed taxes, expressed as a percentage.
For purposes of this section, the amount of the tax on homesteads qualifying under
the senior citizens' property tax deferral program under chapter 290B is the total amount
of property tax before subtraction of the deferred property tax amount.
(e) The notice must clearly state that the proposed or final taxes do not include
the following:
(1) special assessments;
(2) levies approved by the voters after the date the proposed taxes are certified,
including bond referenda and school district levy referenda;
(3) a levy limit increase approved by the voters by the first Tuesday after the first
Monday in November of the levy year as provided under section 275.73;
(4) amounts necessary to pay cleanup or other costs due to a natural disaster
occurring after the date the proposed taxes are certified;
(5) amounts necessary to pay tort judgments against the taxing authority that become
final after the date the proposed taxes are certified; and
(6) the contamination tax imposed on properties which received market value
reductions for contamination.
(f) Except as provided in subdivision 7, failure of the county auditor to prepare or
the county treasurer to deliver the notice as required in this section does not invalidate the
proposed or final tax levy or the taxes payable pursuant to the tax levy.
(g) If the notice the taxpayer receives under this section lists the property as
nonhomestead, and satisfactory documentation is provided to the county assessor by the
applicable deadline, and the property qualifies for the homestead classification in that
assessment year, the assessor shall reclassify the property to homestead for taxes payable
in the following year.
(h) In the case of class 4 residential property used as a residence for lease or rental
periods of 30 days or more, the taxpayer must either:
(1) mail or deliver a copy of the notice of proposed property taxes to each tenant,
renter, or lessee; or
(2) post a copy of the notice in a conspicuous place on the premises of the property.
The notice must be mailed or posted by the taxpayer by November 27 or within
three days of receipt of the notice, whichever is later. A taxpayer may notify the county
treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises to
which the notice must be mailed in order to fulfill the requirements of this paragraph.
(i) For purposes of this subdivision, subdivisions 5a and 6, "metropolitan special
taxing districts" means the following taxing districts in the seven-county metropolitan area
that levy a property tax for any of the specified purposes listed below:
(1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325,
473.446, 473.521, 473.547, or 473.834;
(2) Metropolitan Airports Commission under section 473.667, 473.671, or 473.672;
and
(3) Metropolitan Mosquito Control Commission under section 473.711.
For purposes of this section, any levies made by the regional rail authorities in the
county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter
398A shall be included with the appropriate county's levy deleted text begin and shall be discussed at that
county's public hearingdeleted text end .
(j) The governing body of a county, city, or school district may, with the consent
of the county board, include supplemental information with the statement of proposed
property taxes about the impact of state aid increases or decreases on property tax
increases or decreases and on the level of services provided in the affected jurisdiction.
This supplemental information may include information for the following year, the current
year, and for as many consecutive preceding years as deemed appropriate by the governing
body of the county, city, or school district. It may include only information regarding:
(1) the impact of inflation as measured by the implicit price deflator for state and
local government purchases;
(2) population growth and decline;
(3) state or federal government action; and
(4) other financial factors that affect the level of property taxation and local services
that the governing body of the county, city, or school district may deem appropriate to
include.
The information may be presented using tables, written narrative, and graphic
representations and may contain instruction toward further sources of information or
opportunity for comment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and
thereafter.
new text end
Sec. 4.
Minnesota Statutes 2008, section 275.065, subdivision 5a, is amended to read:
Subd. 5a.
Public advertisement.
(a) new text begin Except for property taxes levied in 2009 and
2010, new text end a city that has a population of more than 2,500, county, a metropolitan special taxing
district as defined in subdivision 3, paragraph (i), a regional library district established
under section 134.201, or school district shall advertise in a newspaper a notice of its
intent to adopt a budget and property tax levy or, in the case of a school district, to review
its current budget and proposed property taxes payable in the following year, at a public
hearing, if a public hearing is required under subdivision 6. The notice must be published
not less than two business days nor more than six business days before the hearing.
The advertisement must be at least one-eighth page in size of a standard-size or a
tabloid-size newspaper. The advertisement must not be placed in the part of the newspaper
where legal notices and classified advertisements appear. The advertisement must be
published in an official newspaper of general circulation in the taxing authority. The
newspaper selected must be one of general interest and readership in the community, and
not one of limited subject matter. The advertisement must appear in a newspaper that is
published at least once per week.
For purposes of this section, the metropolitan special taxing district's advertisement
must only be published in the Minneapolis Star and Tribune and the Saint Paul Pioneer
Press.
In addition to other requirements, a county and a city having a population of
more than 2,500 must show in the public advertisement required under this subdivision
the current local tax rate, the proposed local tax rate if no property tax levy increase
is adopted, and the proposed rate if the proposed levy is adopted. For purposes of this
subdivision, "local tax rate" means the city's or county's net tax capacity levy divided by
the city's or county's taxable net tax capacity.
(b) Subject to the provisions of paragraph (g), the advertisement for school districts,
metropolitan special taxing districts, and regional library districts must be in the following
form, except that the notice for a school district may include references to the current
budget in regard to proposed property taxes.
"NOTICE OF
PROPOSED PROPERTY TAXES
(School District/Metropolitan
Special Taxing District/Regional
Library District) of .........
The governing body of ........ will soon hold budget hearings and vote on the property
taxes for (metropolitan special taxing district/regional library district services that will be
provided in (year)/school district services that will be provided in (year) and (year)).
NOTICE OF PUBLIC HEARING:
All concerned citizens are invited to attend a public hearing and express their opinions
on the proposed (school district/metropolitan special taxing district/regional library
district) budget and property taxes, or in the case of a school district, its current budget
and proposed property taxes, payable in the following year. The hearing will be held on
(Month/Day/Year) at (Time) at (Location, Address)."
(c) Subject to the provisions of paragraph (g), the advertisement for cities and
counties must be in the following form.
"NOTICE OF PROPOSED
TOTAL BUDGET AND PROPERTY TAXES
The (city/county) governing body or board of commissioners will hold a public hearing to
discuss the budget and to vote on the amount of property taxes to collect for services the
(city/county) will provide in (year).
SPENDING: The total budget amounts below compare (city's/county's) (year) total actual
budget with the amount the (city/county) proposes to spend in (year).
| (Year) Total Actual Budget |
Proposed (Year) Budget |
Change from (Year)-(Year) |
||||||
|
$
. |
$
. |
.....% |
||||||
TAXES: The property tax amounts below compare that portion of the current budget
levied in property taxes in (city/county) for (year) with the property taxes the (city/county)
proposes to collect in (year).
| (Year) Property Taxes |
Proposed (Year) Property Taxes |
Change from (Year)-(Year) |
||||||
|
$
. |
$
. |
.....% |
||||||
LOCAL TAX RATE COMPARISON: The current local tax rate, the local tax rate if no tax
levy increase is adopted, and the proposed local tax rate if the proposed levy is adopted.
| (Year) Tax Rate |
(Year) Tax Rate if NO Levy Increase |
(Year) Proposed Tax Rate |
||||||
|
.
|
.
|
.
|
||||||
ATTEND THE PUBLIC HEARING
All (city/county) residents are invited to attend the public hearing of the (city/county) to
express your opinions on the budget and the proposed amount of (year) property taxes.
The hearing will be held on:
(Month/Day/Year/Time)
(Location/Address)
If the discussion of the budget cannot be completed, a time and place for continuing the
discussion will be announced at the hearing. You are also invited to send your written
comments to:
(City/County)
(Location/Address)"
(d) For purposes of this subdivision, the budget amounts listed on the advertisement
mean:
(1) for cities, the total government fund expenditures, as defined by the state auditor
under section 471.6965, less any expenditures for improvements or services that are
specially assessed or charged under chapter 429, 430, 435, or the provisions of any other
law or charter; and
(2) for counties, the total government fund expenditures, as defined by the state
auditor under section 375.169, less any expenditures for direct payments to recipients or
providers for the human service aids listed below:
(i) Minnesota family investment program under chapters 256J and 256K;
(ii) medical assistance under sections 256B.041, subdivision 5, and 256B.19,
subdivision 1;
(iii) general assistance medical care under section 256D.03, subdivision 6;
(iv) general assistance under section 256D.03, subdivision 2;
(v) Minnesota supplemental aid under section 256D.36, subdivision 1;
(vi) preadmission screening under section 256B.0911, and alternative care grants
under section 256B.0913;
(vii) general assistance medical care claims processing, medical transportation and
related costs under section 256D.03, subdivision 4;
(viii) medical transportation and related costs under section 256B.0625, subdivisions
17 to 18a;
(ix) group residential housing under section 256I.05, subdivision 8, transferred
from programs in clauses (iv) and (v); or
(x) any successor programs to those listed in clauses (i) to (ix).
(e) A city with a population of over 500 but not more than 2,500 that is required to
hold a public hearing under subdivision 6 must advertise by posted notice as defined in
section 645.12, subdivision 1. The advertisement must be posted at the time provided in
paragraph (a). It must be in the form required in paragraph (b).
(f) For purposes of this subdivision, the population of a city is the most recent
population as determined by the state demographer under section 4A.02.
(g) The commissioner of revenue shall annually prescribe the specific form and
format of the advertisements required under this subdivision, including such details as
font size and style, and spacing for the required items. The commissioner may prescribe
alternate and additional language for the advertisement for a taxing authority or for groups
of taxing authorities. At least two weeks before November 29 each year, the commissioner
shall provide a copy of the prescribed advertisements to the chairs of the committees of
the house of representatives and the senate with jurisdiction over taxes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2008, section 275.065, subdivision 6, is amended to read:
Subd. 6.
deleted text begin Public hearing;deleted text end Adoption of budget and levy.
deleted text begin
(a) For purposes of this
section, the following terms shall have the meanings given:
deleted text end
deleted text begin
(1) "Initial hearing" means the first and primary hearing held to discuss the taxing
authority's proposed budget and proposed property tax levy for taxes payable in the
following year, or, for school districts, the current budget and the proposed property tax
levy for taxes payable in the following year.
deleted text end
deleted text begin
(2) "Continuation hearing" means a hearing held to complete the initial hearing, if
the initial hearing is not completed on its scheduled date.
deleted text end
deleted text begin
(3) "Subsequent hearing" means the hearing held to adopt the taxing authority's final
property tax levy, and, in the case of taxing authorities other than school districts, the final
budget, for taxes payable in the following year.
deleted text end
deleted text begin
(b) Between November 29 and December 20, the governing bodies of a city that has a
population over 500, county, metropolitan special taxing districts as defined in subdivision
3, paragraph (i), and regional library districts shall each hold an initial public hearing
to discuss and seek public comment on its final budget and property tax levy for taxes
payable in the following year, and the governing body of the school district shall hold an
initial public hearing to review its current budget and proposed property tax levy for taxes
payable in the following year. The metropolitan special taxing districts shall be required to
hold only a single joint initial public hearing, the location of which will be determined by
the affected metropolitan agencies. A city, county, metropolitan special taxing district as
defined in subdivision 3, paragraph (i), regional library district established under section
134.201, or school district is not required to hold a public hearing under this subdivision
unless its proposed property tax levy for taxes payable in the following year, as certified
under subdivision 1, has increased over its final property tax levy for taxes payable in the
current year by a percentage that is greater than the percentage increase in the implicit
price deflator for government consumption expenditures and gross investment for state
and local governments prepared by the Bureau of Economic Analysts of the United States
Department of Commerce for the 12-month period ending March 31 of the current year.
deleted text end
deleted text begin
(c) The initial hearing must be held after 5:00 p.m. if scheduled on a day other than
Saturday. No initial hearing may be held on a Sunday.
deleted text end
deleted text begin
(d) At the initial hearing under this subdivision, the percentage increase in property
taxes proposed by the taxing authority, if any, and the specific purposes for which property
tax revenues are being increased must be discussed. During the discussion, the governing
body shall hear comments regarding a proposed increase and explain the reasons for the
proposed increase. The public shall be allowed to speak and to ask questions. At the public
hearing, the school district must also provide and discuss information on the distribution
of its revenues by revenue source, and the distribution of its spending by program area.
deleted text end
deleted text begin
(e) If the initial hearing is not completed on its scheduled date, the taxing authority
must announce, prior to adjournment of the hearing, the date, time, and place for the
continuation of the hearing. The continuation hearing must be held at least five business
days but no more than 14 business days after the initial hearing. A continuation hearing
may not be held later than December 20 except as provided in paragraphs (f) and (g).
A continuation hearing must be held after 5:00 p.m. if scheduled on a day other than
Saturday. No continuation hearing may be held on a Sunday.
deleted text end
deleted text begin
(f) The governing body of a county shall hold its initial hearing on the first Thursday
in December each year, and may hold additional initial hearings on other dates before
December 20 if necessary for the convenience of county residents. If the county needs a
continuation of its hearing, the continuation hearing shall be held on the third Tuesday
in December. If the third Tuesday in December falls on December 21, the county's
continuation hearing shall be held on Monday, December 20.
deleted text end
deleted text begin
(g) The metropolitan special taxing districts shall hold a joint initial public hearing
on the first Wednesday of December. A continuation hearing, if necessary, shall be held on
the second Wednesday of December even if that second Wednesday is after December 10.
deleted text end
deleted text begin
(h) The county auditor shall provide for the coordination of initial and continuation
hearing dates for all school districts and cities within the county to prevent conflicts under
clauses (i) and (j).
deleted text end
deleted text begin
(i) By August 10, each school board and the board of the regional library district
shall certify to the county auditors of the counties in which the school district or regional
library district is located the dates on which it elects to hold its initial hearing and any
continuation hearing. If a school board or regional library district does not certify these
dates by August 10, the auditor will assign the initial and continuation hearing dates. The
dates elected or assigned must not conflict with the initial and continuation hearing dates
of the county or the metropolitan special taxing districts.
deleted text end
deleted text begin
(j) By August 20, the county auditor shall notify the clerks of the cities within the
county of the dates on which school districts and regional library districts have elected to
hold their initial and continuation hearings. At the time a city certifies its proposed levy
under subdivision 1 it shall certify the dates on which it elects to hold its initial hearing and
any continuation hearing. Until September 15, the first and second Mondays of December
are reserved for the use of the cities. If a city does not certify its hearing dates by
September 15, the auditor shall assign the initial and continuation hearing dates. The dates
elected or assigned for the initial hearing must not conflict with the initial hearing dates
of the county, metropolitan special taxing districts, regional library districts, or school
districts within which the city is located. To the extent possible, the dates of the city's
continuation hearing should not conflict with the continuation hearing dates of the county,
metropolitan special taxing districts, regional library districts, or school districts within
which the city is located. This paragraph does not apply to cities of 500 population or less.
deleted text end
deleted text begin
(k) The county initial hearing date and the city, metropolitan special taxing district,
regional library district, and school district initial hearing dates must be designated on
the notices required under subdivision 3. The continuation hearing dates need not be
stated on the notices.
deleted text end
deleted text begin
(l) At a subsequent hearing, each county, school district, city over 500 population,
and metropolitan special taxing district may amend its proposed property tax levy
and must adopt a final property tax levy. Each county, city over 500 population, and
metropolitan special taxing district may also amend its proposed budget and must adopt a
final budget at the subsequent hearing. The final property tax levy must be adopted prior
to adopting the final budget. A school district is not required to adopt its final budget at the
subsequent hearing. The subsequent hearing of a taxing authority must be held on a date
subsequent to the date of the taxing authority's initial public hearing. If a continuation
hearing is held, the subsequent hearing must be held either immediately following the
continuation hearing or on a date subsequent to the continuation hearing. The subsequent
hearing may be held at a regularly scheduled board or council meeting or at a special
meeting scheduled for the purposes of the subsequent hearing. The subsequent hearing
of a taxing authority does not have to be coordinated by the county auditor to prevent a
conflict with an initial hearing, a continuation hearing, or a subsequent hearing of any
other taxing authority. All subsequent hearings must be held prior to five working days
after December 20 of the levy year. The date, time, and place of the subsequent hearing
must be announced at the initial public hearing or at the continuation hearing.
deleted text end
deleted text begin (m)deleted text end new text begin (a)new text end The property tax levy certified under section 275.07 by a city of any
population, county, metropolitan special taxing district, regional library district, or school
district must not exceed the proposed levy determined under subdivision 1, except by an
amount up to the sum of the following amounts:
(1) the amount of a school district levy whose voters approved a referendum to
increase taxes under section 123B.63, subdivision 3, or 126C.17, subdivision 9, after
the proposed levy was certified;
(2) the amount of a city or county levy approved by the voters after the proposed
levy was certified;
(3) the amount of a levy to pay principal and interest on bonds approved by the
voters under section 475.58 after the proposed levy was certified;
(4) the amount of a levy to pay costs due to a natural disaster occurring after the
proposed levy was certified, if that amount is approved by the commissioner of revenue
under subdivision 6a;
(5) the amount of a levy to pay tort judgments against a taxing authority that become
final after the proposed levy was certified, if the amount is approved by the commissioner
of revenue under subdivision 6a;
(6) the amount of an increase in levy limits certified to the taxing authority by the
commissioner of education or the commissioner of revenue after the proposed levy was
certified; and
(7) the amount required under section 126C.55.
deleted text begin (n)deleted text end new text begin (b)new text end This subdivision does not apply to towns and special taxing districts other
than regional library districts and metropolitan special taxing districts.
deleted text begin (o)deleted text end new text begin (c)new text end Notwithstanding the requirements of this section, the employer is required to
meet and negotiate over employee compensation as provided for in chapter 179A.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and
thereafter.
new text end
Sec. 6.
Minnesota Statutes 2008, section 279.01, subdivision 1, is amended to read:
Subdivision 1.
Due dates; penalties.
Except as provided in subdivision 3 or 4, on
May 16 or 21 days after the postmark date on the envelope containing the property tax
statement, whichever is later, a penalty accrues and thereafter is charged upon all unpaid
taxes on real estate on the current lists in the hands of the county treasurer. The penalty is
at a rate of two percent on homestead property until May 31 and four percent on June 1.
The penalty on nonhomestead property is at a rate of four percent until May 31 and eight
percent on June 1. This penalty does not accrue until June 1 of each year, or 21 days after
the postmark date on the envelope containing the property tax statements, whichever is
later, on commercial use real property used for seasonal residential recreational purposes
and classified as class 1c or 4c, and on other commercial use real property classified as
class 3a, provided that over 60 percent of the gross income earned by the enterprise on the
class 3a property is earned during the months of May, June, July, and August. In order for
the first half of the tax due on class 3a property to be paid after May 15 and before June 1,
or 21 days after the postmark date on the envelope containing the property tax statement,
whichever is later, without penalty, the owner of the property must attach an affidavit to the
payment attesting to compliance with the income provision of this subdivision. Thereafter,
for both homestead and nonhomestead property, on the first day of each month beginning
July 1, up to and including October 1 following, an additional penalty of one percent for
each month accrues and is charged on all such unpaid taxes provided that if the due date
was extended beyond May 15 as the result of any delay in mailing property tax statements
no additional penalty shall accrue if the tax is paid by the extended due date. If the tax is
not paid by the extended due date, then all penalties that would have accrued if the due
date had been May 15 shall be charged. When the taxes against any tract or lot exceed
deleted text begin $50deleted text end new text begin $250new text end , one-half thereof may be paid prior to May 16 or 21 days after the postmark
date on the envelope containing the property tax statement, whichever is later; and, if so
paid, no penalty attaches; the remaining one-half may be paid at any time prior to October
16 following, without penalty; but, if not so paid, then a penalty of two percent accrues
thereon for homestead property and a penalty of four percent on nonhomestead property.
Thereafter, for homestead property, on the first day of November an additional penalty of
four percent accrues and on the first day of December following, an additional penalty of
two percent accrues and is charged on all such unpaid taxes. Thereafter, for nonhomestead
property, on the first day of November and December following, an additional penalty of
four percent for each month accrues and is charged on all such unpaid taxes. If one-half of
such taxes are not paid prior to May 16 or 21 days after the postmark date on the envelope
containing the property tax statement, whichever is later, the same may be paid at any time
prior to October 16, with accrued penalties to the date of payment added, and thereupon
no penalty attaches to the remaining one-half until October 16 following.
This section applies to payment of personal property taxes assessed against
improvements to leased property, except as provided by section 277.01, subdivision 3.
A county may provide by resolution that in the case of a property owner that has
multiple tracts or parcels with aggregate taxes exceeding deleted text begin $50deleted text end new text begin $250new text end , payments may be
made in installments as provided in this subdivision.
The county treasurer may accept payments of more or less than the exact amount of
a tax installment due. Payments must be applied first to the oldest installment that is due
but which has not been fully paid. If the accepted payment is less than the amount due,
payments must be applied first to the penalty accrued for the year or the installment being
paid. Acceptance of partial payment of tax does not constitute a waiver of the minimum
payment required as a condition for filing an appeal under section 278.03 or any other law,
nor does it affect the order of payment of delinquent taxes under section 280.39.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and
thereafter.
new text end
Sec. 7.
Minnesota Statutes 2008, section 279.10, is amended to read:
279.10 PUBLICATION CORRECTED.
Immediately after preparing forms for printing such notice and list, and at least five
days before the first day for the publication thereof, every deleted text begin suchdeleted text end publisher shall furnish
proof of the proposed publication to the county auditor for correction. When deleted text begin suchdeleted text end new text begin thenew text end copy
has been corrected, the auditor shall return deleted text begin the samedeleted text end new text begin itnew text end to the printer, who shall publish it
as corrected. On the first day on which deleted text begin suchdeleted text end new text begin thenew text end notice and list are published, the publisher
shall mail a copy of the newspaper containing deleted text begin the samedeleted text end new text begin the notice and listnew text end to the auditor. If
during the publication of the notice and list, or within ten days after the last publication
thereof, the auditor deleted text begin shall discoverdeleted text end new text begin discoversnew text end that deleted text begin suchdeleted text end new text begin thenew text end publication deleted text begin is invaliddeleted text end new text begin contains an
errornew text end , the auditor shall deleted text begin forthwithdeleted text end direct the publisher to deleted text begin republish the same as correcteddeleted text end new text begin
publish the correct informationnew text end for an additional period of two weeks. new text begin The auditor does
not have to direct the publisher to republish the entire list. new text end The publisher, if not neglectful,
deleted text begin shall bedeleted text end new text begin isnew text end entitled to deleted text begin the samedeleted text end compensation as allowed by law for deleted text begin the originaldeleted text end publicationnew text begin
of the corrected informationnew text end , but shall receive no further compensation deleted text begin therefordeleted text end if deleted text begin suchdeleted text end
new text begin the new text end republication is necessary by reason of the neglect of the publisher.
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 2008, section 375.194, subdivision 5, is amended to read:
Subd. 5.
Determination of county tax rate.
The eligible county's proposed and
final tax rates shall be determined by dividing the certified levy by the total taxable net tax
capacity, without regard to any abatements granted under this section. deleted text begin The county board
shall make available the estimated amount of the abatement at the public hearing under
section 275.065, subdivision 6.deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and
thereafter.
new text end
Sec. 9.
Minnesota Statutes 2008, section 383A.75, subdivision 3, is amended to read:
Subd. 3.
Duties.
The committee is authorized to and shall meet from time to time
to make appropriate recommendations for the efficient and effective use of property tax
dollars raised by the jurisdictions for programs, buildings, and operations. In addition,
the committee shall:
(1) identify trends and factors likely to be driving budget outcomes over the next
five years with recommendations for how the jurisdictions should manage those trends
and factors to increase efficiency and effectiveness;
(2) agree, by October 1 of each year, on the appropriate level of overall property tax
levy for the three jurisdictions and publicly report such to the governing bodies of each
jurisdiction for ratification or modification by resolution;new text begin and
new text end
(3) deleted text begin plan for the joint truth-in-taxation hearings under section 275.065, subdivision
8; and
deleted text end
deleted text begin (4)deleted text end identify, by December 31 of each year, areas of the budget to be targeted in the
coming year for joint review to improve services or achieve efficiencies.
In carrying out its duties, the committee shall consult with public employees of
each jurisdiction and with other stakeholders of the city, county, and school district, as
appropriate.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and
thereafter.
new text end
Sec. 10.
Minnesota Statutes 2008, section 465.719, subdivision 9, is amended to read:
Subd. 9.
Application of other laws.
A corporation created by a political subdivision
under this section must comply with every law that applies to the political subdivision,
as if the corporation is a part of the political subdivision, unless the resolution ratifying
creation of the corporation specifically exempts the corporation from part or all of a law.
If the resolution exempts the corporation from part or all of a law, the resolution must
make a detailed and specific finding as to why the corporation cannot fulfill its purpose if
the corporation is subject to that law. A corporation may not be exempted from chapter
13D, the Minnesota Open Meeting Law, sections 138.163 to 138.25, governing records
management, or chapter 13, the Minnesota Government Data Practices Act. Any affected
or interested person may bring an action in district court to void the resolution on the
grounds that the findings are not sufficiently detailed and specific, or that the corporation
can fulfill its purpose if it is subject to the law from which the resolution exempts the
corporation. Laws that apply to a political subdivision that also apply to a corporation
created by a political subdivision under this subdivision include, but are not limited to:
(1) chapter 13D, the Minnesota Open Meeting Law;
(2) chapter 13, the Minnesota Government Data Practices Act;
(3) section 471.345, the Uniform Municipal Contracting Law;
(4) sections 43A.17, limiting the compensation of employees based on the governor's
salary; 471.991 to 471.999, providing for equitable pay; and 465.72 and 465.722,
governing severance pay;
(5) deleted text begin section 275.065, providing for truth-in-taxation hearings. If any tax revenues of
the political subdivision will be appropriated to the corporation, the corporation's annual
operating and capital budgets must be included in the truth-in-taxation hearing of the
political subdivision that created the corporation;
deleted text end
deleted text begin (6)deleted text end if the corporation issues debt, its debt is included in the political subdivision's
debt limit if it would be included if issued by the political subdivision, and issuance of the
debt is subject to the election and other requirements of chapter 475 and section 471.69;
deleted text begin (7)deleted text end new text begin (6)new text end section 471.895, prohibiting acceptance of gifts from interested parties, and
sections 471.87 to 471.89, relating to interests in contracts;
deleted text begin (8)deleted text end new text begin (7)new text end chapter 466, relating to municipal tort liability;
deleted text begin (9)deleted text end new text begin (8)new text end chapter 118A, requiring deposit insurance or bond or pledged collateral for
deposits;
deleted text begin (10)deleted text end new text begin (9)new text end chapter 118A, restricting investments;
deleted text begin (11)deleted text end new text begin (10)new text end section 471.346, requiring ownership of vehicles to be identified;
deleted text begin (12)deleted text end new text begin (11)new text end sections 471.38 to 471.41, requiring claims to be in writing, itemized, and
approved by the governing board before payment can be made; and
deleted text begin (13)deleted text end new text begin (12)new text end the corporation cannot make advances of pay, make or guarantee loans to
employees, or provide in-kind benefits unless authorized by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and
thereafter.
new text end
Sec. 11.
Minnesota Statutes 2008, section 473.13, subdivision 1, is amended to read:
Subdivision 1.
Budget.
(a) On or before December 20 of each yearnew text begin ,new text end the councildeleted text begin ,
after the public hearing required in section 275.065,deleted text end shall adopt a final budget covering its
anticipated receipts and disbursements for the ensuing year and shall decide upon the total
amount necessary to be raised from ad valorem tax levies to meet its budget. The budget
shall state in detail the expenditures for each program to be undertaken, including the
expenses for salaries, consultant services, overhead, travel, printing, and other items. The
budget shall state in detail the capital expenditures of the council for the budget year, based
on a five-year capital program adopted by the council and transmitted to the legislature.
After adoption of the budget and no later than five working days after December 20, the
council shall certify to the auditor of each metropolitan county the share of the tax to be
levied within that county, which must be an amount bearing the same proportion to the
total levy agreed on by the council as the net tax capacity of the county bears to the net tax
capacity of the metropolitan area. The maximum amount of any levy made for the purpose
of this chapter may not exceed the limits set by the statute authorizing the levy.
(b) Each even-numbered year the council shall prepare for its transit programs a
financial plan for the succeeding three calendar years, in half-year segments. The financial
plan must contain schedules of user charges and any changes in user charges planned or
anticipated by the council during the period of the plan. The financial plan must contain a
proposed request for state financial assistance for the succeeding biennium.
(c) In addition, the budget must show for each year:
(1) the estimated operating revenues from all sources including funds on hand at the
beginning of the year, and estimated expenditures for costs of operation, administration,
maintenance, and debt service;
(2) capital improvement funds estimated to be on hand at the beginning of the year
and estimated to be received during the year from all sources and estimated cost of capital
improvements to be paid out or expended during the year, all in such detail and form as
the council may prescribe; and
(3) the estimated source and use of pass-through funds.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and
thereafter.
new text end
Sec. 12. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 275.065, subdivisions 6b, 6c, 8, 9, and 10,
new text end
new text begin
are
repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2010 and
thereafter.
new text end