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Minnesota Legislature

Office of the Revisor of Statutes

SF 1654

as introduced - 90th Legislature (2017 - 2018) Posted on 05/16/2017 02:25pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 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
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 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 5.35 5.36 5.37 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21
6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 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 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 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
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 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 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 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 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 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
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 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 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 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 20.35 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 22.33 22.34 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 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 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 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 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 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 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
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 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 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 33.33 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 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 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 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 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22
38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14
39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27
39.28 39.29 39.30 39.31 39.32 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 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 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
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 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 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 46.36 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 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
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 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 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33
53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14
53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 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 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 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 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 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 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19
59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31
60.32 60.33 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10
61.11 61.12 61.13 61.14 61.15 61.16
61.17 61.18 61.19 61.20
61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28
62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 63.1 63.2 63.3 63.4 63.5 63.6 63.7
63.8 63.9 63.10
63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21
63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 64.1 64.2 64.3 64.4 64.5
64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34
66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10
66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20
66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17
67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33
70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10
72.11 72.12 72.13 72.14 72.15
72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 76.1 76.2 76.3 76.4 76.5 76.6 76.7
76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29
77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33
78.1 78.2 78.3 78.4 78.5 78.6
78.7 78.8 78.9 78.10 78.11
78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27
78.28 78.29 78.30 78.31 78.32 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8
79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18
79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30
80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9
80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18
80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30
81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24
81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3
82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20
83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 85.1 85.2
85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25
86.26 86.27 86.28 86.29 86.30 86.31 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9
87.10 87.11 87.12 87.13 87.14 87.15 87.16
87.17 87.18 87.19 87.20 87.21
87.22 87.23 87.24 87.25
87.26
87.27 87.28 87.29 87.30 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27
89.28 89.29 89.30 89.31 89.32 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9
90.10 90.11 90.12 90.13 90.14 90.15
90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21
91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31
92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19
92.20 92.21 92.22 92.23 92.25 92.24 92.26 92.27 92.28 92.29 92.31 92.30 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 93.36 93.37 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 94.35 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 95.35 95.36 95.37 95.38 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35 96.36 96.37 96.38 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33
98.1 98.2 98.3 98.4 98.5
98.6 98.7 98.8 98.9 98.10 98.11
98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28
98.29 98.30 98.31 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21
99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12
100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8
101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28
101.29 101.30 101.31 101.32 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 102.35 102.36 102.37 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 103.36 103.37 103.38 103.39 103.40 103.41 103.42 103.43 103.44 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 104.35 104.36 104.37 104.38 104.39 104.40 104.41 104.42 104.43 104.44 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8
105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27
105.28 105.29 105.30 105.31
106.1 106.2
106.3 106.4 106.5 106.6 106.7
106.8 106.9 106.10 106.11
106.12 106.13 106.14 106.15 106.16
106.17 106.18 106.19 106.20 106.21
106.22 106.23 106.24 106.25 106.26
107.1 107.2 107.3 107.4

A bill for an act
relating to legislative enactments; making miscellaneous technical corrections to
laws and statutes; correcting erroneous, obsolete, and omitted text and references;
removing redundant, conflicting, and superseded provisions; amending Minnesota
Statutes 2016, sections 10A.01, subdivision 3; 10A.20, subdivision 1b; 13.321,
by adding a subdivision; 13.381, by adding a subdivision; 13.383, by adding a
subdivision; 13.461, by adding a subdivision; 13.598, by adding a subdivision;
13.7191, by adding a subdivision; 15A.0825, subdivision 8; 16A.152, subdivision
1b; 43A.23, subdivision 1; 43A.316, subdivision 9; 62A.46, subdivision 7; 69.021,
subdivision 10; 97A.075, subdivision 5; 97A.133, subdivision 2; 103F.601,
subdivision 2; 116R.02, subdivision 4; 119B.06, subdivision 1; 124D.19,
subdivision 3; 126C.05, subdivision 14; 127A.41, subdivision 8; 144.0571;
144.0722, subdivision 1; 144.0724, subdivisions 1, 2, 9; 144A.071, subdivisions
3, 4a, 4c, 4d; 144A.073, subdivision 3c; 144A.10, subdivision 4; 144A.15,
subdivision 2; 144A.154; 144A.161, subdivision 10; 144A.1888; 144A.611,
subdivision 1; 144D.01, subdivision 6; 146B.03, subdivision 7; 148.512, subdivision
16; 148.725, subdivision 5; 148E.280; 150A.02; 151.06, subdivision 1; 151.32;
152.25, subdivision 4; 153B.30, subdivision 2; 179A.10, subdivision 1; 204B.13,
subdivisions 1, 2; 237.59, subdivision 2; 237.761, subdivision 4; 245.4835,
subdivision 2; 245.493, subdivision 1; 245.62, subdivision 4; 245A.11, subdivision
2a; 245F.09, subdivision 1; 252.292, subdivision 4; 256.045, subdivisions 3b, 4;
256.0451, subdivisions 1, 3, 11, 19; 256.481; 256.9741, subdivision 7; 256.9742,
subdivision 6; 256.991; 256B.02, subdivision 9; 256B.059, subdivisions 5, 6;
256B.0622, subdivisions 7b, 7d; 256B.0911, subdivisions 4d, 6; 256B.25,
subdivision 3; 256B.35, subdivision 4; 256B.421, subdivision 1; 256B.50,
subdivisions 1, 1c; 256B.501, subdivisions 3i, 4b; 256B.692, subdivision 6;
256B.76, subdivision 1; 256B.78; 256D.03, subdivision 2a; 256D.04; 256D.05,
subdivision 1; 256D.44, subdivision 5; 256J.01, subdivision 3; 256J.21, subdivision
2; 256J.515; 260.55; 260.56; 260.57; 260C.451, subdivision 8; 270.074, subdivision
3; 273.1392; 275.71, subdivision 4; 275.72, subdivision 2; 276.04, subdivision 3;
276A.06, subdivision 10; 289A.121, subdivisions 5, 6; 290.091, subdivision 2;
290A.03, subdivision 8; 295.53, subdivision 1; 297F.10, subdivision 1; 297I.06,
subdivision 3; 297I.15, subdivision 4; 298.001, by adding a subdivision; 298.24,
subdivision 1; 298.28, subdivision 6; 317A.061, subdivision 2; 340A.409,
subdivision 1; 354A.37, subdivision 1; 354C.11, subdivision 2; 356.215, subdivision
8; 383B.32, subdivisions 3, 4; 462C.05, subdivision 7; 473.39, subdivision 1;
518A.53, subdivision 11; 617.85; Laws 2017, chapter 3, section 1; repealing
Minnesota Statutes 2016, sections 120B.365; 122A.245, subdivision 10; 124D.095,
subdivision 10; 128D.055, subdivision 4; 129C.30, subdivision 5; 144A.10,
subdivision 8a; 216H.077; 290A.28; Laws 2014, chapter 207, section 1; Laws
2014, chapter 227, article 2, section 1; Laws 2015, chapter 68, article 3, section
12; Laws 2016, chapter 135, article 4, section 9; Laws 2016, chapter 189, article
26, section 4.

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

ARTICLE 1

MISCELLANEOUS

Section 1.

Minnesota Statutes 2016, section 10A.01, subdivision 3, is amended to read:


Subd. 3.

Advance of credit.

"Advance of credit" means any money owed for goods
provided or services rendered. "Advance of credit" does not mean a loan as defined in
subdivision deleted text begin21deleted text endnew text begin 20new text end.

Sec. 2.

Minnesota Statutes 2016, section 10A.20, subdivision 1b, is amended to read:


Subd. 1b.

Release of reports.

deleted text beginExcept as provided in subdivision 1c,deleted text end A report filed under
this section is nonpublic data until 8:00 a.m. on the day following the day the report was
due.

Sec. 3.

Minnesota Statutes 2016, section 15A.0825, subdivision 8, is amended to read:


Subd. 8.

Chair.

The deleted text begincommissiondeleted text endnew text begin councilnew text end shall elect a chair from among its members.

Sec. 4.

Minnesota Statutes 2016, section 16A.152, subdivision 1b, is amended to read:


Subd. 1b.

Budget reserve level.

(a) The commissioner of management and budget shall
calculate the budget reserve level by multiplying the current biennium's general fund
nondedicated revenues and the most recent budget reserve percentage under subdivision 8.

(b) If, on the basis of a November forecast of general fund revenues and expenditures,
the commissioner of management and budget determines that there will be a positive
unrestricted general fund balance at the close of the biennium and that the provisions of
subdivision 2, new text beginparagraph (a), new text endclauses (1), (2), (3), new text beginand new text end(4), deleted text begin(5), and (6)deleted text end are satisfied, the
commissioner shall transfer to the budget reserve account in the general fund the amount
necessary to increase the budget reserve to the budget reserve level determined under
paragraph (a). The amount of the transfer authorized in this paragraph shall not exceed 33
percent of the positive unrestricted general fund balance determined in the forecast.

Sec. 5.

Minnesota Statutes 2016, section 43A.23, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) The commissioner is authorized to request proposals or to
negotiate and to enter into contracts with parties which in the judgment of the commissioner
are best qualified to provide service to the benefit plans. Contracts entered into are not
subject to the requirements of sections 16C.16 to 16C.19. The commissioner may negotiate
premium rates and coverage. The commissioner shall consider the cost of the plans,
conversion options relating to the contracts, service capabilities, character, financial position,
and reputation of the carriers, and any other factors which the commissioner deems
appropriate. Each benefit contract must be for a uniform term of at least one year, but may
be made automatically renewable from term to term in the absence of notice of termination
by either party. A carrier licensed under chapter 62A is exempt from the taxes imposed by
chapter 297I on premiums paid to it by the state.

(b) All self-insured hospital and medical service products must comply with coverage
mandates, data reporting, and consumer protection requirements applicable to the licensed
carrier administering the product, had the product been insured, including chapters 62J,
62M, and 62Q. Any self-insured products that limit coverage to a network of providers or
provide different levels of coverage between network and nonnetwork providers shall comply
with section 62D.123 and geographic access standards for health maintenance organizations
adopted by the commissioner of health in rule under chapter 62D.

(c) Notwithstanding paragraph (b), a self-insured hospital and medical product offered
under sections 43A.22 to 43A.30 is required to extend dependent coverage to an eligible
employee's child to the full extent required under chapters 62A and 62L. Dependent child
coverage must, at a minimum, extend to an eligible employee's dependent child to the
limiting age as defined in section 62Q.01, subdivision deleted text begin9deleted text endnew text begin 2anew text end, disabled children to the extent
required in sections 62A.14 and 62A.141, and dependent grandchildren to the extent required
in sections 62A.042 and 62A.302.

(d) Beginning January 1, 2010, the health insurance benefit plans offered in the
commissioner's plan under section 43A.18, subdivision 2, and the managerial plan under
section 43A.18, subdivision 3, must include an option for a health plan that is compatible
with the definition of a high-deductible health plan in section 223 of the United States
Internal Revenue Code.

Sec. 6.

Minnesota Statutes 2016, section 43A.316, subdivision 9, is amended to read:


Subd. 9.

Insurance trust fund.

The insurance trust fund in the state treasury consists
of deposits of the premiums received from employers participating in the program and
transfers before July 1, 1994, from the excess contributions holding account established by
new text begin Minnesota Statutes 1995 Supplement, new text endsection 353.65, subdivision 7. All money in the fund
is appropriated to the commissioner to pay insurance premiums, approved claims, refunds,
administrative costs, and other related service costs. Premiums paid by employers to the
fund are exempt from the taxes imposed by chapter 297I. The commissioner shall reserve
an amount of money to cover the estimated costs of claims incurred but unpaid. The State
Board of Investment shall invest the money according to section 11A.24. Investment income
and losses attributable to the fund must be credited to the fund.

Sec. 7.

Minnesota Statutes 2016, section 62A.46, subdivision 7, is amended to read:


Subd. 7.

Physician.

"Physician" means a medical practitioner licensed or holding a
temporary permit under sections 147.02, 147.03, deleted text begin147.031,deleted text end 147.037, or holding a residency
permit under section 147.0391.

Sec. 8.

Minnesota Statutes 2016, section 69.021, subdivision 10, is amended to read:


Subd. 10.

Reduction in police state aid apportionment.

(a) The commissioner of
revenue shall reduce the apportionment of police state aid under subdivisions 5, paragraph
(b), 6, and 7a, for eligible employer units by the amount of any excess police state aid.

(b) "Excess police state aid" is:

(1) for counties and for municipalities in which police retirement coverage is provided
wholly by the public employees police and fire fund and all police officers are members of
the plan governed by sections 353.63 to 353.657, the amount in excess of the employer's
total prior calendar year obligation as defined in paragraph (c), as certified by the executive
director of the Public Employees Retirement Association;

(2) for the Metropolitan Airports Commission, the amount in excess of the commission's
total prior calendar year obligation as defined in paragraph (c), as certified by the executive
director of the Public Employees Retirement Association; and

(3) for the Department of Natural Resources and for the Department of Public Safety,
the amount in excess of the employer's total prior calendar year obligation under section
352B.02, subdivision 1c, for plan members who are peace officers under section 69.011,
subdivision 1
, paragraph (g), as certified by the executive director of the Minnesota State
Retirement System.

(c) The employer's total prior calendar year obligation with respect to the public
employees police and fire plan under paragraph (b), clause (1), is the total prior calendar
year obligation under section 353.65, subdivision 3, for police officers as defined in section
353.64, deleted text beginsubdivisiondeleted text endnew text begin subdivisions 1, 1a, andnew text end 2, and the actual total prior calendar year
obligation under section 353.65, subdivision 3, for firefighters, as defined in section 353.64,
deleted text begin subdivision 3deleted text endnew text begin subdivisions 1, 1a, and 2new text end, but not to exceed for those firefighters the applicable
following employer calendar year amount:

Municipality
Maximum Amount
Albert Lea
$54,157.01
Anoka
10,399.31
Apple Valley
5,442.44
Austin
49,864.73
Bemidji
27,671.38
Brooklyn Center
6,605.92
Brooklyn Park
24,002.26
Burnsville
15,956.00
Cloquet
4,260.49
Coon Rapids
39,920.00
Cottage Grove
8,588.48
Crystal
5,855.00
East Grand Forks
51,009.88
Edina
32,251.00
Elk River
5,216.55
Ely
13,584.16
Eveleth
16,288.27
Fergus Falls
6,742.00
Fridley
33,420.64
Golden Valley
11,744.61
Hastings
16,561.00
Hopkins
4,324.23
International Falls
14,400.69
Lakeville
782.35
Lino Lakes
5,324.00
Little Falls
7,889.41
Maple Grove
6,707.54
Maplewood
8,476.69
Minnetonka
10,403.00
Montevideo
1,307.66
Moorhead
68,069.26
New Hope
6,739.72
North St. Paul
4,241.14
Northfield
770.63
Owatonna
37,292.67
Plymouth
6,754.71
Red Wing
3,504.01
Richfield
53,757.96
Rosemount
1,712.55
Roseville
9,854.51
St. Anthony
33,055.00
St. Louis Park
53,643.11
Thief River Falls
28,365.04
Virginia
31,164.46
Waseca
11,135.17
West St. Paul
15,707.20
White Bear Lake
6,521.04
Woodbury
3,613.00
any other municipality
0.00

(d) The total amount of excess police state aid must be deposited in the excess police
state-aid account in the general fund, administered and distributed as provided in subdivision
11.

Sec. 9.

Minnesota Statutes 2016, section 97A.075, subdivision 5, is amended to read:


Subd. 5.

Turkey account.

(a) $4.50 from each turkey license sold, except youth licenses
under section 97A.475, subdivision 2, clause (4), and subdivision 3, new text beginparagraph (a), new text endclause
(7), must be credited to the wild-turkey management account and is appropriated to the
commissioner only for:

(1) the development, restoration, and maintenance of suitable habitat for wild turkeys
on public and private land including forest stand improvement and establishment of nesting
cover, winter roost area, and reliable food sources;

(2) acquisitions of, or easements on, critical wild-turkey habitat;

(3) reimbursement of expenditures to provide wild-turkey habitat on public and private
land;

(4) trapping and transplantation of wild turkeys; and

(5) the promotion of turkey habitat development and maintenance, population surveys
and monitoring, and research.

(b) Money in the account may not be used for:

(1) costs unless they are directly related to a specific parcel of land under paragraph (a),
clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4), or
to specific promotional or evaluative activities under paragraph (a), clause (5); or

(2) any permanent personnel costs.

Sec. 10.

Minnesota Statutes 2016, section 97A.133, subdivision 2, is amended to read:


Subd. 2.

Payment in lieu of taxes.

The consolidated conservation lands included in
state wildlife management areas are subject to the payment in lieu of tax as provided in
section 477A.12, deleted text beginparagraph (a)deleted text endnew text begin subdivision 1new text end, clause (1).

Sec. 11.

Minnesota Statutes 2016, section 103F.601, subdivision 2, is amended to read:


Subd. 2.

Easement agreements.

(a) The easement agreements must be conservation
easements, as defined in section 84C.01, deleted text beginparagraphdeleted text endnew text begin clausenew text end (1). The conservation easements
may be possessory or nonpossessory if agreed upon by the property owner and the
commissioner.

(b) The conservation easements must be:

(1) for a period of at least 20 years, with provision for renewal for at least 20-year periods;
or

(2) permanent in duration.

(c) Highest priority must be given to property owners desiring to enter agreements for
permanent easements.

(d) The commissioner may reexamine the payment rates at the beginning of a 20-year
renewal period and adjust them after giving consideration to current land and crop values.

Sec. 12.

Minnesota Statutes 2016, section 116R.02, subdivision 4, is amended to read:


Subd. 4.

Security.

(a) If so provided in the commissioner's order or any indenture
authorizing the applicable series of bonds, up to $125,000,000 principal amount of bonds
for the facility described in subdivision 5, and any bonds issued to refund these bonds may
be secured by either of the following methods:

(1) upon the occurrence of any deficiency in a debt service reserve fund for a series of
bonds as provided in section 116R.13, subdivision 3, the commissioner shall issue and sell
deficiency bonds in a principal amount not to exceed $125,000,000 for facilities described
in subdivision 5; or

(2) the bonds may be directly secured by a pledge of the full faith, credit, and taxing
power of the state and issued as general obligation revenue bonds of the state in accordance
with the Minnesota Constitution, article XI, sections 4 to 7. In no event may the security
provided by this paragraph extend in whole or part to any series of bonds other than the
initial series of bonds so secured and any series of bonds issued to refund these bonds.

Deficiency bonds and bonds issued under clause (2) must be issued in accordance with
and subject to sections 16A.641, 16A.66, 16A.672, and 16A.675, except for section 16A.641,
subdivision 5
, except as otherwise provided in Laws 1991, chapter 350, article 1, and except
that the bonds may be sold at public or private sale at a price or prices determined by the
commissioner as provided in section 116R.13, subdivision 3.

(b) The commissioner may request St. Louis County to pay or secure payment of principal
and interest due on up to $12,600,000 principal amount of revenue bonds for the facility
described in subdivision 5. At the request of the commissioner, St. Louis County shall, by
resolution of its county board, unconditionally and irrevocably pledge as a general obligation,
its full faith, credit, and taxing power to pay or secure payment of principal and interest due
on the principal amount or amounts requested by the commissioner. The general obligation
and pledge of St. Louis County are not subject to and shall not be taken into account for
purposes of any debt limitation. A levy of taxes for the St. Louis County general obligation
is not subject to and shall not be taken into account for purposes of any levy limitations.
The general obligation and the bonds secured by the general obligation may be issued
without an election. Except for sections 475.61 and 475.64, chapter 475 does not apply to
the general obligation or to the bonds secured by the general obligation.

(c) The commissioner may request the city of Duluth to pay or secure payment of
principal and interest due on up to $47,600,000 principal amount of revenue bonds for the
facility described in subdivision 5. At the request of the commissioner, the city of Duluth
shall pledge specified revenues of the city, as provided in Laws 1991, chapter 350, article
1, section 24, to pay principal and interest due on the principal amount requested by the
commissioner.

deleted text begin (d) Bonds and deficiency bonds issued under sections 116R.01 to 116R.15 and any
indenture entered into in connection with the issuance of the bonds are not subject to section
16B.06.
deleted text end

Sec. 13.

Minnesota Statutes 2016, section 119B.06, subdivision 1, is amended to read:


Subdivision 1.

Commissioner to administer block grant.

The commissioner is
authorized and directed to receive, administer, and expend child care funds available under
the child care and development block grant authorized under new text beginthe Child Care and Development
Block Grant Act of 2014,
new text endPublic Law deleted text begin101-508deleted text endnew text begin 113-186new text end.

Sec. 14.

Minnesota Statutes 2016, 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 deleted text begin3512.3500deleted text endnew text begin 3512.0505new text end, 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 6,000 or less may identify an employee
who holds a valid 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. A principal serving as a community
education director under this paragraph on June 1, 2011, may continue to serve in that
capacity.

Sec. 15.

Minnesota Statutes 2016, section 126C.05, subdivision 14, is amended to read:


Subd. 14.

Computing pupil units for a prior year.

In computing pupil units for a prior
year, the number of pupil units shall be adjusted to reflect any change for the current year
in relative weightings by grade level or category of special assistance, any change in
measurement from average daily attendance to average daily membership, any change in
the limit on average daily membership that can be generated by a pupil for a fiscal year as
provided in subdivisions 8 and 15, and any change in school district boundariesdeleted text begin, but not for
the addition for the first time in the current year of a specified category of special assistance
as provided in subdivision 1, clause (4)
deleted text end.

Sec. 16.

Minnesota Statutes 2016, section 127A.41, subdivision 8, is amended to read:


Subd. 8.

Appropriation transfers.

(a) If a direct appropriation from the general fund
to the department for any education aid or grant authorized in this chapter and chapters
122A, 123A, 123B, 124D, 124E, 125A, 126C, and 134, excluding appropriations under
sections 124D.135, 124D.16, 124D.20, 124D.22, 124D.52, 124D.531, 124D.55, and 124D.56,
exceeds the amount required, the commissioner may transfer the excess to any education
aid or grant appropriation that is insufficient. However, section 126C.20 applies to a
deficiency in the direct appropriation for general education aid. Excess appropriations must
be allocated proportionately among aids or grants that have insufficient appropriations. The
commissioner of management and budget shall make the necessary transfers among
appropriations according to the determinations of the commissioner. If the amount of the
direct appropriation for the aid or grant plus the amount transferred according to this
subdivision is insufficient, the commissioner shall prorate the available amount among
eligible districts. The state is not obligated for any additional amounts.

(b) Transfers for aids paid under section 127A.45, subdivisions 12deleted text begin, paragraph (a), 12a,
paragraph (a),
deleted text end and 13, shall be made during the fiscal year after the fiscal year of the
entitlement. Transfers for aids paid under section 127A.45, subdivisions 11deleted text begin, 12, paragraph
(b),
deleted text end and 12a, deleted text beginparagraph (b),deleted text end shall be made during the fiscal year of the appropriation.

Sec. 17.

Minnesota Statutes 2016, section 144.0571, is amended to read:


144.0571 INCLUSION OF OTHER HEALTH-RELATED OCCUPATIONS TO
CRIMINAL BACKGROUND CHECKS.

(a) deleted text beginIf the Department of Health is not reviewed by the Sunset Advisory Commission
according to the schedule in section 3D.21,
deleted text end The commissioner of health, as the regulator
for occupational therapy practitioners, speech-language pathologists, audiologists, and
hearing instrument dispensers, shall require applicants for licensure or renewal to submit
to a criminal history records check as required under section 214.075 for other health-related
licensed occupations regulated by the health-related licensing boards.

(b) Any statutory changes necessary to include the commissioner of health to section
214.075 shall be included in the plan required in section 214.075, subdivision 8.

Sec. 18.

Minnesota Statutes 2016, section 144.0722, subdivision 1, is amended to read:


Subdivision 1.

Resident reimbursement classifications.

The commissioner of health
shall establish resident reimbursement classifications based upon the assessments of residents
of nursing homes and boarding care homes conducted under section 144.0721, or under
rules established by the commissioner of human services under sections deleted text begin256B.41deleted text endnew text begin 256B.421new text end
to 256B.48. The reimbursement classifications established by the commissioner must
conform to the rules established by the commissioner of human services.

Sec. 19.

Minnesota Statutes 2016, section 144.0724, subdivision 1, is amended to read:


Subdivision 1.

Resident reimbursement case mix classifications.

The commissioner
of health shall establish resident reimbursement classifications based upon the assessments
of residents of nursing homes and boarding care homes conducted under this section and
according to section deleted text begin256B.438deleted text endnew text begin 256R.17new text end.

Sec. 20.

Minnesota Statutes 2016, section 144.0724, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For purposes of this section, the following terms have the meanings
given.

(a) "Assessment reference date" or "ARD" means the specific end point for look-back
periods in the MDS assessment process. This look-back period is also called the observation
or assessment period.

(b) "Case mix index" means the weighting factors assigned to the RUG-IV classifications.

(c) "Index maximization" means classifying a resident who could be assigned to more
than one category, to the category with the highest case mix index.

(d) "Minimum data set" or "MDS" means a core set of screening, clinical assessment,
and functional status elements, that include common definitions and coding categories
specified by the Centers for Medicare and Medicaid Services and designated by the
Minnesota Department of Health.

(e) "Representative" means a person who is the resident's guardian or conservator, the
person authorized to pay the nursing home expenses of the resident, a representative of the
Office of Ombudsman for Long-Term Care whose assistance has been requested, or any
other individual designated by the resident.

(f) "Resource utilization groups" or "RUG" means the system for grouping a nursing
facility's residents according to their clinical and functional status identified in data supplied
by the facility's minimum data set.

(g) "Activities of daily living" means grooming, dressing, bathing, transferring, mobility,
positioning, eating, and toileting.

(h) "Nursing facility level of care determination" means the assessment process that
results in a determination of a resident's or prospective resident's need for nursing facility
level of care as established in subdivision 11 for purposes of medical assistance payment
of long-term care services for:

(1) nursing facility services under section 256B.434 or deleted text begin256B.441deleted text endnew text begin chapter 256Rnew text end;

(2) elderly waiver services under section 256B.0915;

(3) CADI and BI waiver services under section 256B.49; and

(4) state payment of alternative care services under section 256B.0913.

Sec. 21.

Minnesota Statutes 2016, section 144.0724, subdivision 9, is amended to read:


Subd. 9.

Audit authority.

(a) The commissioner shall audit the accuracy of resident
assessments performed under section deleted text begin256B.438deleted text endnew text begin 256R.17new text end through any of the following: desk
audits; on-site review of residents and their records; and interviews with staff, residents, or
residents' families. The commissioner shall reclassify a resident if the commissioner
determines that the resident was incorrectly classified.

(b) The commissioner is authorized to conduct on-site audits on an unannounced basis.

(c) A facility must grant the commissioner access to examine the medical records relating
to the resident assessments selected for audit under this subdivision. The commissioner may
also observe and speak to facility staff and residents.

(d) The commissioner shall consider documentation under the time frames for coding
items on the minimum data set as set out in the Long-Term Care Facility Resident Assessment
Instrument User's Manual published by the Centers for Medicare and Medicaid Services.

(e) The commissioner shall develop an audit selection procedure that includes the
following factors:

(1) Each facility shall be audited annually. If a facility has two successive audits in which
the percentage of change is five percent or less and the facility has not been the subject of
a special audit in the past 36 months, the facility may be audited biannually. A stratified
sample of 15 percent, with a minimum of ten assessments, of the most current assessments
shall be selected for audit. If more than 20 percent of the RUG-IV classifications are changed
as a result of the audit, the audit shall be expanded to a second 15 percent sample, with a
minimum of ten assessments. If the total change between the first and second samples is
35 percent or greater, the commissioner may expand the audit to all of the remaining
assessments.

(2) If a facility qualifies for an expanded audit, the commissioner may audit the facility
again within six months. If a facility has two expanded audits within a 24-month period,
that facility will be audited at least every six months for the next 18 months.

(3) The commissioner may conduct special audits if the commissioner determines that
circumstances exist that could alter or affect the validity of case mix classifications of
residents. These circumstances include, but are not limited to, the following:

(i) frequent changes in the administration or management of the facility;

(ii) an unusually high percentage of residents in a specific case mix classification;

(iii) a high frequency in the number of reconsideration requests received from a facility;

(iv) frequent adjustments of case mix classifications as the result of reconsiderations or
audits;

(v) a criminal indictment alleging provider fraud;

(vi) other similar factors that relate to a facility's ability to conduct accurate assessments;

(vii) an atypical pattern of scoring minimum data set items;

(viii) nonsubmission of assessments;

(ix) late submission of assessments; or

(x) a previous history of audit changes of 35 percent or greater.

(f) Within 15 working days of completing the audit process, the commissioner shall
make available electronically the results of the audit to the facility. If the results of the audit
reflect a change in the resident's case mix classification, a case mix classification notice
will be made available electronically to the facility, using the procedure in subdivision 7,
paragraph (a). The notice must contain the resident's classification and a statement informing
the resident, the resident's authorized representative, and the facility of their right to review
the commissioner's documents supporting the classification and to request a reconsideration
of the classification. This notice must also include the address and telephone number of the
Office of Ombudsman for Long-Term Care.

Sec. 22.

Minnesota Statutes 2016, section 144A.071, subdivision 3, is amended to read:


Subd. 3.

Exceptions authorizing increase in beds; hardship areas.

(a) The
commissioner of health, in coordination with the commissioner of human services, may
approve the addition of new licensed and Medicare and Medicaid certified nursing home
beds, using the criteria and process set forth in this subdivision.

(b) The commissioner, in cooperation with the commissioner of human services, shall
consider the following criteria when determining that an area of the state is a hardship area
with regard to access to nursing facility services:

(1) a low number of beds per thousand in a specified area using as a standard the beds
per thousand people age 65 and older, in five year age groups, using data from the most
recent census and population projections, weighted by each group's most recent nursing
home utilization, of the county at the 20th percentile, as determined by the commissioner
of human services;

(2) a high level of out-migration for nursing facility services associated with a described
area from the county or counties of residence to other Minnesota counties, as determined
by the commissioner of human services, using as a standard an amount greater than the
out-migration of the county ranked at the 50th percentile;

(3) an adequate level of availability of noninstitutional long-term care services measured
as public spending for home and community-based long-term care services per individual
age 65 and older, in five year age groups, using data from the most recent census and
population projections, weighted by each group's most recent nursing home utilization, as
determined by the commissioner of human services using as a standard an amount greater
than the 50th percentile of counties;

(4) there must be a declaration of hardship resulting from insufficient access to nursing
home beds by local county agencies and area agencies on aging; and

(5) other factors that may demonstrate the need to add new nursing facility beds.

(c) On August 15 of odd-numbered years, the commissioner, in cooperation with the
commissioner of human services, may publish in the State Register a request for information
in which interested parties, using the data provided under section 144A.351, along with any
other relevant data, demonstrate that a specified area is a hardship area with regard to access
to nursing facility services. For a response to be considered, the commissioner must receive
it by November 15. The commissioner shall make responses to the request for information
available to the public and shall allow 30 days for comment. The commissioner shall review
responses and comments and determine if any areas of the state are to be declared hardship
areas.

(d) For each designated hardship area determined in paragraph (c), the commissioner
shall publish a request for proposals in accordance with section 144A.073 and Minnesota
Rules, parts 4655.1070 to 4655.1098. The request for proposals must be published in the
State Register by March 15 following receipt of responses to the request for information.
The request for proposals must specify the number of new beds which may be added in the
designated hardship area, which must not exceed the number which, if added to the existing
number of beds in the area, including beds in layaway status, would have prevented it from
being determined to be a hardship area under paragraph (b), clause (1). Beginning July 1,
2011, the number of new beds approved must not exceed 200 beds statewide per biennium.
After June 30, 2019, the number of new beds that may be approved in a biennium must not
exceed 300 statewide. For a proposal to be considered, the commissioner must receive it
within six months of the publication of the request for proposals. The commissioner shall
review responses to the request for proposals and shall approve or disapprove each proposal
by the following July 15, in accordance with section 144A.073 and Minnesota Rules, parts
4655.1070 to 4655.1098. The commissioner shall base approvals or disapprovals on a
comparison and ranking of proposals using only the criteria in subdivision 4a. Approval of
a proposal expires after 18 months unless the facility has added the new beds using existing
space, subject to approval by the commissioner, or has commenced construction as defined
in section 144A.071, subdivision 1a, paragraph (d). If, after the approved beds have been
added, fewer than 50 percent of the beds in a facility are newly licensed, the operating
payment rates previously in effect shall remain. If, after the approved beds have been added,
50 percent or more of the beds in a facility are newly licensed, operating payment rates shall
be determined according to Minnesota Rules, part 9549.0057, using the limits under deleted text beginsection
256B.441
deleted text endnew text begin chapter 256Rnew text end. External fixed payment rates must be determined according to
deleted text begin section 256B.441, subdivision 53deleted text endnew text begin chapter 256Rnew text end. Property payment rates for facilities with
beds added under this subdivision must be determined in the same manner as rate
determinations resulting from projects approved and completed under section 144A.073.

(e) The commissioner may:

(1) certify or license new beds in a new facility that is to be operated by the commissioner
of veterans affairs or when the costs of constructing and operating the new beds are to be
reimbursed by the commissioner of veterans affairs or the United States Veterans
Administration; and

(2) license or certify beds in a facility that has been involuntarily delicensed or decertified
for participation in the medical assistance program, provided that an application for
relicensure or recertification is submitted to the commissioner by an organization that is
not a related organization as defined in section deleted text begin256B.441, subdivision 34deleted text endnew text begin 256R.02,
subdivision 43
new text end, to the prior licensee within 120 days after delicensure or decertification.

Sec. 23.

Minnesota Statutes 2016, section 144A.071, subdivision 4a, is amended to read:


Subd. 4a.

Exceptions for replacement beds.

It is in the best interest of the state to
ensure that nursing homes and boarding care homes continue to meet the physical plant
licensing and certification requirements by permitting certain construction projects. Facilities
should be maintained in condition to satisfy the physical and emotional needs of residents
while allowing the state to maintain control over nursing home expenditure growth.

The commissioner of health in coordination with the commissioner of human services,
may approve the renovation, replacement, upgrading, or relocation of a nursing home or
boarding care home, under the following conditions:

(a) to license or certify beds in a new facility constructed to replace a facility or to make
repairs in an existing facility that was destroyed or damaged after June 30, 1987, by fire,
lightning, or other hazard provided:

(i) destruction was not caused by the intentional act of or at the direction of a controlling
person of the facility;

(ii) at the time the facility was destroyed or damaged the controlling persons of the
facility maintained insurance coverage for the type of hazard that occurred in an amount
that a reasonable person would conclude was adequate;

(iii) the net proceeds from an insurance settlement for the damages caused by the hazard
are applied to the cost of the new facility or repairs;

(iv) the number of licensed and certified beds in the new facility does not exceed the
number of licensed and certified beds in the destroyed facility; and

(v) the commissioner determines that the replacement beds are needed to prevent an
inadequate supply of beds.

Project construction costs incurred for repairs authorized under this clause shall not be
considered in the dollar threshold amount defined in subdivision 2;

(b) to license or certify beds that are moved from one location to another within a nursing
home facility, provided the total costs of remodeling performed in conjunction with the
relocation of beds does not exceed $1,000,000;

(c) to license or certify beds in a project recommended for approval under section
144A.073;

(d) to license or certify beds that are moved from an existing state nursing home to a
different state facility, provided there is no net increase in the number of state nursing home
beds;

(e) to certify and license as nursing home beds boarding care beds in a certified boarding
care facility if the beds meet the standards for nursing home licensure, or in a facility that
was granted an exception to the moratorium under section 144A.073, and if the cost of any
remodeling of the facility does not exceed $1,000,000. If boarding care beds are licensed
as nursing home beds, the number of boarding care beds in the facility must not increase
beyond the number remaining at the time of the upgrade in licensure. The provisions
contained in section 144A.073 regarding the upgrading of the facilities do not apply to
facilities that satisfy these requirements;

(f) to license and certify up to 40 beds transferred from an existing facility owned and
operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the
same location as the existing facility that will serve persons with Alzheimer's disease and
other related disorders. The transfer of beds may occur gradually or in stages, provided the
total number of beds transferred does not exceed 40. At the time of licensure and certification
of a bed or beds in the new unit, the commissioner of health shall delicense and decertify
the same number of beds in the existing facility. As a condition of receiving a license or
certification under this clause, the facility must make a written commitment to the
commissioner of human services that it will not seek to receive an increase in its
property-related payment rate as a result of the transfers allowed under this paragraph;

(g) to license and certify nursing home beds to replace currently licensed and certified
boarding care beds which may be located either in a remodeled or renovated boarding care
or nursing home facility or in a remodeled, renovated, newly constructed, or replacement
nursing home facility within the identifiable complex of health care facilities in which the
currently licensed boarding care beds are presently located, provided that the number of
boarding care beds in the facility or complex are decreased by the number to be licensed as
nursing home beds and further provided that, if the total costs of new construction,
replacement, remodeling, or renovation exceed ten percent of the appraised value of the
facility or $200,000, whichever is less, the facility makes a written commitment to the
commissioner of human services that it will not seek to receive an increase in its
property-related payment rate by reason of the new construction, replacement, remodeling,
or renovation. The provisions contained in section 144A.073 regarding the upgrading of
facilities do not apply to facilities that satisfy these requirements;

(h) to license as a nursing home and certify as a nursing facility a facility that is licensed
as a boarding care facility but not certified under the medical assistance program, but only
if the commissioner of human services certifies to the commissioner of health that licensing
the facility as a nursing home and certifying the facility as a nursing facility will result in
a net annual savings to the state general fund of $200,000 or more;

(i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing home
beds in a facility that was licensed and in operation prior to January 1, 1992;

(j) to license and certify new nursing home beds to replace beds in a facility acquired
by the Minneapolis Community Development Agency as part of redevelopment activities
in a city of the first class, provided the new facility is located within three miles of the site
of the old facility. Operating and property costs for the new facility must be determined and
allowed under section 256B.431 or 256B.434;

(k) to license and certify up to 20 new nursing home beds in a community-operated
hospital and attached convalescent and nursing care facility with 40 beds on April 21, 1991,
that suspended operation of the hospital in April 1986. The commissioner of human services
shall provide the facility with the same per diem property-related payment rate for each
additional licensed and certified bed as it will receive for its existing 40 beds;

(l) to license or certify beds in renovation, replacement, or upgrading projects as defined
in section 144A.073, subdivision 1, so long as the cumulative total costs of the facility's
remodeling projects do not exceed $1,000,000;

(m) to license and certify beds that are moved from one location to another for the
purposes of converting up to five four-bed wards to single or double occupancy rooms in
a nursing home that, as of January 1, 1993, was county-owned and had a licensed capacity
of 115 beds;

(n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified nursing
facility located in Minneapolis to layaway all of its licensed and certified nursing home
beds. These beds may be relicensed and recertified in a newly constructed teaching nursing
home facility affiliated with a teaching hospital upon approval by the legislature. The
proposal must be developed in consultation with the interagency committee on long-term
care planning. The beds on layaway status shall have the same status as voluntarily delicensed
and decertified beds, except that beds on layaway status remain subject to the surcharge in
section 256.9657. This layaway provision expires July 1, 1998;

(o) to allow a project which will be completed in conjunction with an approved
moratorium exception project for a nursing home in southern Cass County and which is
directly related to that portion of the facility that must be repaired, renovated, or replaced,
to correct an emergency plumbing problem for which a state correction order has been
issued and which must be corrected by August 31, 1993;

(p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified nursing
facility located in Minneapolis to layaway, upon 30 days prior written notice to the
commissioner, up to 30 of the facility's licensed and certified beds by converting three-bed
wards to single or double occupancy. Beds on layaway status shall have the same status as
voluntarily delicensed and decertified beds except that beds on layaway status remain subject
to the surcharge in section 256.9657, remain subject to the license application and renewal
fees under section 144A.07 and shall be subject to a $100 per bed reactivation fee. In
addition, at any time within three years of the effective date of the layaway, the beds on
layaway status may be:

(1) relicensed and recertified upon relocation and reactivation of some or all of the beds
to an existing licensed and certified facility or facilities located in Pine River, Brainerd, or
International Falls; provided that the total project construction costs related to the relocation
of beds from layaway status for any facility receiving relocated beds may not exceed the
dollar threshold provided in subdivision 2 unless the construction project has been approved
through the moratorium exception process under section 144A.073;

(2) relicensed and recertified, upon reactivation of some or all of the beds within the
facility which placed the beds in layaway status, if the commissioner has determined a need
for the reactivation of the beds on layaway status.

The property-related payment rate of a facility placing beds on layaway status must be
adjusted by the incremental change in its rental per diem after recalculating the rental per
diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related
payment rate for a facility relicensing and recertifying beds from layaway status must be
adjusted by the incremental change in its rental per diem after recalculating its rental per
diem using the number of beds after the relicensing to establish the facility's capacity day
divisor, which shall be effective the first day of the month following the month in which
the relicensing and recertification became effective. Any beds remaining on layaway status
more than three years after the date the layaway status became effective must be removed
from layaway status and immediately delicensed and decertified;

(q) to license and certify beds in a renovation and remodeling project to convert 12
four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing
home that, as of January 1, 1994, met the following conditions: the nursing home was located
in Ramsey County; had a licensed capacity of 154 beds; and had been ranked among the
top 15 applicants by the 1993 moratorium exceptions advisory review panel. The total
project construction cost estimate for this project must not exceed the cost estimate submitted
in connection with the 1993 moratorium exception process;

(r) to license and certify up to 117 beds that are relocated from a licensed and certified
138-bed nursing facility located in St. Paul to a hospital with 130 licensed hospital beds
located in South St. Paul, provided that the nursing facility and hospital are owned by the
same or a related organization and that prior to the date the relocation is completed the
hospital ceases operation of its inpatient hospital services at that hospital. After relocation,
the nursing facility's status shall be the same as it was prior to relocation. The nursing
facility's property-related payment rate resulting from the project authorized in this paragraph
shall become effective no earlier than April 1, 1996. For purposes of calculating the
incremental change in the facility's rental per diem resulting from this project, the allowable
appraised value of the nursing facility portion of the existing health care facility physical
plant prior to the renovation and relocation may not exceed $2,490,000;

(s) to license and certify two beds in a facility to replace beds that were voluntarily
delicensed and decertified on June 28, 1991;

(t) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed nursing
home and 21-bed boarding care home facility in Minneapolis, notwithstanding the licensure
and certification after July 1, 1995, of the Minneapolis facility as a 147-bed nursing home
facility after completion of a construction project approved in 1993 under section 144A.073,
to be laid away upon 30 days' prior written notice to the commissioner. Beds on layaway
status shall have the same status as voluntarily delicensed or decertified beds except that
they shall remain subject to the surcharge in section 256.9657. The 16 beds on layaway
status may be relicensed as nursing home beds and recertified at any time within five years
of the effective date of the layaway upon relocation of some or all of the beds to a licensed
and certified facility located in Watertown, provided that the total project construction costs
related to the relocation of beds from layaway status for the Watertown facility may not
exceed the dollar threshold provided in subdivision 2 unless the construction project has
been approved through the moratorium exception process under section 144A.073.

The property-related payment rate of the facility placing beds on layaway status must
be adjusted by the incremental change in its rental per diem after recalculating the rental
per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related
payment rate for the facility relicensing and recertifying beds from layaway status must be
adjusted by the incremental change in its rental per diem after recalculating its rental per
diem using the number of beds after the relicensing to establish the facility's capacity day
divisor, which shall be effective the first day of the month following the month in which
the relicensing and recertification became effective. Any beds remaining on layaway status
more than five years after the date the layaway status became effective must be removed
from layaway status and immediately delicensed and decertified;

(u) to license and certify beds that are moved within an existing area of a facility or to
a newly constructed addition which is built for the purpose of eliminating three- and four-bed
rooms and adding space for dining, lounge areas, bathing rooms, and ancillary service areas
in a nursing home that, as of January 1, 1995, was located in Fridley and had a licensed
capacity of 129 beds;

(v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County to
a 160-bed facility in Crow Wing County, provided all the affected beds are under common
ownership;

(w) to license and certify a total replacement project of up to 49 beds located in Norman
County that are relocated from a nursing home destroyed by flood and whose residents were
relocated to other nursing homes. The operating cost payment rates for the new nursing
facility shall be determined based on the interim and settle-up payment provisions of
Minnesota Rules, part 9549.0057, and the reimbursement provisions of section 256B.431.
Property-related reimbursement rates shall be determined under section 256B.431, taking
into account any federal or state flood-related loans or grants provided to the facility;

(x) to license and certify to the licensee of a nursing home in Polk County that was
destroyed by flood in 1997 replacement projects with a total of up to 129 beds, with at least
25 beds to be located in Polk County and up to 104 beds distributed among up to three other
counties. These beds may only be distributed to counties with fewer than the median number
of age intensity adjusted beds per thousand, as most recently published by the commissioner
of human services. If the licensee chooses to distribute beds outside of Polk County under
this paragraph, prior to distributing the beds, the commissioner of health must approve the
location in which the licensee plans to distribute the beds. The commissioner of health shall
consult with the commissioner of human services prior to approving the location of the
proposed beds. The licensee may combine these beds with beds relocated from other nursing
facilities as provided in section 144A.073, subdivision 3c. The operating payment rates for
the new nursing facilities shall be determined based on the interim and settle-up payment
provisions of section 256B.431deleted text begin,deleted text endnew text begin ornew text end 256B.434, deleted text beginor 256B.441deleted text endnew text begin chapter 256R,new text end or Minnesota
Rules, parts 9549.0010 to 9549.0080. Property-related reimbursement rates shall be
determined under section 256B.431deleted text begin,deleted text endnew text begin ornew text end 256B.434deleted text begin,deleted text end or deleted text begin256B.441deleted text endnew text begin chapter 256Rnew text end. If the
replacement beds permitted under this paragraph are combined with beds from other nursing
facilities, the rates shall be calculated as the weighted average of rates determined as provided
in this paragraph and deleted text beginsection 256B.441, subdivision 60deleted text endnew text begin chapter 256Rnew text end;

(y) to license and certify beds in a renovation and remodeling project to convert 13
three-bed wards into 13 two-bed rooms and 13 single-bed rooms, expand space, and add
improvements in a nursing home that, as of January 1, 1994, met the following conditions:
the nursing home was located in Ramsey County, was not owned by a hospital corporation,
had a licensed capacity of 64 beds, and had been ranked among the top 15 applicants by
the 1993 moratorium exceptions advisory review panel. The total project construction cost
estimate for this project must not exceed the cost estimate submitted in connection with the
1993 moratorium exception process;

(z) to license and certify up to 150 nursing home beds to replace an existing 285 bed
nursing facility located in St. Paul. The replacement project shall include both the renovation
of existing buildings and the construction of new facilities at the existing site. The reduction
in the licensed capacity of the existing facility shall occur during the construction project
as beds are taken out of service due to the construction process. Prior to the start of the
construction process, the facility shall provide written information to the commissioner of
health describing the process for bed reduction, plans for the relocation of residents, and
the estimated construction schedule. The relocation of residents shall be in accordance with
the provisions of law and rule;

(aa) to allow the commissioner of human services to license an additional 36 beds to
provide residential services for the physically disabled under Minnesota Rules, parts
9570.2000 to 9570.3400, in a 198-bed nursing home located in Red Wing, provided that
the total number of licensed and certified beds at the facility does not increase;

(bb) to license and certify a new facility in St. Louis County with 44 beds constructed
to replace an existing facility in St. Louis County with 31 beds, which has resident rooms
on two separate floors and an antiquated elevator that creates safety concerns for residents
and prevents nonambulatory residents from residing on the second floor. The project shall
include the elimination of three- and four-bed rooms;

(cc) to license and certify four beds in a 16-bed certified boarding care home in
Minneapolis to replace beds that were voluntarily delicensed and decertified on or before
March 31, 1992. The licensure and certification is conditional upon the facility periodically
assessing and adjusting its resident mix and other factors which may contribute to a potential
institution for mental disease declaration. The commissioner of human services shall retain
the authority to audit the facility at any time and shall require the facility to comply with
any requirements necessary to prevent an institution for mental disease declaration, including
delicensure and decertification of beds, if necessary;

(dd) to license and certify 72 beds in an existing facility in Mille Lacs County with 80
beds as part of a renovation project. The renovation must include construction of an addition
to accommodate ten residents with beginning and midstage dementia in a self-contained
living unit; creation of three resident households where dining, activities, and support spaces
are located near resident living quarters; designation of four beds for rehabilitation in a
self-contained area; designation of 30 private rooms; and other improvements;

(ee) to license and certify beds in a facility that has undergone replacement or remodeling
as part of a planned closure under section deleted text begin256B.437deleted text endnew text begin 256R.40new text end;

(ff) to license and certify a total replacement project of up to 124 beds located in Wilkin
County that are in need of relocation from a nursing home significantly damaged by flood.
The operating cost payment rates for the new nursing facility shall be determined based on
the interim and settle-up payment provisions of Minnesota Rules, part 9549.0057, and the
reimbursement provisions of section 256B.431. Property-related reimbursement rates shall
be determined under section 256B.431, taking into account any federal or state flood-related
loans or grants provided to the facility;

(gg) to allow the commissioner of human services to license an additional nine beds to
provide residential services for the physically disabled under Minnesota Rules, parts
9570.2000 to 9570.3400, in a 240-bed nursing home located in Duluth, provided that the
total number of licensed and certified beds at the facility does not increase;

(hh) to license and certify up to 120 new nursing facility beds to replace beds in a facility
in Anoka County, which was licensed for 98 beds as of July 1, 2000, provided the new
facility is located within four miles of the existing facility and is in Anoka County. Operating
and property rates shall be determined and allowed under section 256B.431 and Minnesota
Rules, parts 9549.0010 to 9549.0080, or section 256B.434 or deleted text begin256B.441deleted text endnew text begin chapter 256Rnew text end; or

(ii) to transfer up to 98 beds of a 129-licensed bed facility located in Anoka County that,
as of March 25, 2001, is in the active process of closing, to a 122-licensed bed nonprofit
nursing facility located in the city of Columbia Heights or its affiliate. The transfer is effective
when the receiving facility notifies the commissioner in writing of the number of beds
accepted. The commissioner shall place all transferred beds on layaway status held in the
name of the receiving facility. The layaway adjustment provisions of section 256B.431,
subdivision 30, do not apply to this layaway. The receiving facility may only remove the
beds from layaway for recertification and relicensure at the receiving facility's current site,
or at a newly constructed facility located in Anoka County. The receiving facility must
receive statutory authorization before removing these beds from layaway status, or may
remove these beds from layaway status if removal from layaway status is part of a
moratorium exception project approved by the commissioner under section 144A.073.

Sec. 24.

Minnesota Statutes 2016, section 144A.071, subdivision 4c, is amended to read:


Subd. 4c.

Exceptions for replacement beds after June 30, 2003.

(a) The commissioner
of health, in coordination with the commissioner of human services, may approve the
renovation, replacement, upgrading, or relocation of a nursing home or boarding care home,
under the following conditions:

(1) to license and certify an 80-bed city-owned facility in Nicollet County to be
constructed on the site of a new city-owned hospital to replace an existing 85-bed facility
attached to a hospital that is also being replaced. The threshold allowed for this project
under section 144A.073 shall be the maximum amount available to pay the additional
medical assistance costs of the new facility;

(2) to license and certify 29 beds to be added to an existing 69-bed facility in St. Louis
County, provided that the 29 beds must be transferred from active or layaway status at an
existing facility in St. Louis County that had 235 beds on April 1, 2003.

The licensed capacity at the 235-bed facility must be reduced to 206 beds, but the payment
rate at that facility shall not be adjusted as a result of this transfer. The operating payment
rate of the facility adding beds after completion of this project shall be the same as it was
on the day prior to the day the beds are licensed and certified. This project shall not proceed
unless it is approved and financed under the provisions of section 144A.073;

(3) to license and certify a new 60-bed facility in Austin, provided that: (i) 45 of the new
beds are transferred from a 45-bed facility in Austin under common ownership that is closed
and 15 of the new beds are transferred from a 182-bed facility in Albert Lea under common
ownership; (ii) the commissioner of human services is authorized by the 2004 legislature
to negotiate budget-neutral planned nursing facility closures; and (iii) money is available
from planned closures of facilities under common ownership to make implementation of
this clause budget-neutral to the state. The bed capacity of the Albert Lea facility shall be
reduced to 167 beds following the transfer. Of the 60 beds at the new facility, 20 beds shall
be used for a special care unit for persons with Alzheimer's disease or related dementias;

(4) to license and certify up to 80 beds transferred from an existing state-owned nursing
facility in Cass County to a new facility located on the grounds of the Ah-Gwah-Ching
campus. The operating cost payment rates for the new facility shall be determined based
on the interim and settle-up payment provisions of Minnesota Rules, part 9549.0057, and
the reimbursement provisions of section 256B.431. The property payment rate for the first
three years of operation shall be $35 per day. For subsequent years, the property payment
rate of $35 per day shall be adjusted for inflation as provided in section 256B.434, subdivision
4, paragraph (c), as long as the facility has a contract under section 256B.434;

(5) to initiate a pilot program to license and certify up to 80 beds transferred from an
existing county-owned nursing facility in Steele County relocated to the site of a new acute
care facility as part of the county's Communities for a Lifetime comprehensive plan to create
innovative responses to the aging of its population. Upon relocation to the new site, the
nursing facility shall delicense 28 beds. The payment rate for external fixed costs for the
new facility shall be increased by an amount as calculated according to items (i) to (v):

(i) compute the estimated decrease in medical assistance residents served by the nursing
facility by multiplying the decrease in licensed beds by the historical percentage of medical
assistance resident days;

(ii) compute the annual savings to the medical assistance program from the delicensure
of 28 beds by multiplying the anticipated decrease in medical assistance residents, determined
in item (i), by the existing facility's weighted average payment rate multiplied by 365;

(iii) compute the anticipated annual costs for community-based services by multiplying
the anticipated decrease in medical assistance residents served by the nursing facility,
determined in item (i), by the average monthly elderly waiver service costs for individuals
in Steele County multiplied by 12;

(iv) subtract the amount in item (iii) from the amount in item (ii);

(v) divide the amount in item (iv) by an amount equal to the relocated nursing facility's
occupancy factor under section 256B.431, subdivision 3f, paragraph (c), multiplied by the
historical percentage of medical assistance resident days; and

(6) to consolidate and relocate nursing facility beds to a new site in Goodhue County
and to integrate these services with other community-based programs and services under a
communities for a lifetime pilot program and comprehensive plan to create innovative
responses to the aging of its population. Two nursing facilities, one for 84 beds and one for
65 beds, in the city of Red Wing licensed on July 1, 2015, shall be consolidated into a newly
renovated 64-bed nursing facility resulting in the delicensure of 85 beds. Notwithstanding
the carryforward of the approval authority in section 144A.073, subdivision 11, the funding
approved in April 2009 by the commissioner of health for a project in Goodhue County
shall not carry forward. The closure of the 85 beds shall not be eligible for a planned closure
rate adjustment under section deleted text begin256B.437deleted text endnew text begin 256R.40new text end. The construction project permitted in this
clause shall not be eligible for a threshold project rate adjustment under section 256B.434,
subdivision 4f
. The payment rate for external fixed costs for the new facility shall be
increased by an amount as calculated according to items (i) to (vi):

(i) compute the estimated decrease in medical assistance residents served by both nursing
facilities by multiplying the difference between the occupied beds of the two nursing facilities
for the reporting year ending September 30, 2009, and the projected occupancy of the facility
at 95 percent occupancy by the historical percentage of medical assistance resident days;

(ii) compute the annual savings to the medical assistance program from the delicensure
by multiplying the anticipated decrease in the medical assistance residents, determined in
item (i), by the hospital-owned nursing facility weighted average payment rate multiplied
by 365;

(iii) compute the anticipated annual costs for community-based services by multiplying
the anticipated decrease in medical assistance residents served by the facilities, determined
in item (i), by the average monthly elderly waiver service costs for individuals in Goodhue
County multiplied by 12;

(iv) subtract the amount in item (iii) from the amount in item (ii);

(v) multiply the amount in item (iv) by 57.2 percent; and

(vi) divide the difference of the amount in item (iv) and the amount in item (v) by an
amount equal to the relocated nursing facility's occupancy factor under section 256B.431,
subdivision 3f, paragraph (c), multiplied by the historical percentage of medical assistance
resident days.

(b) Projects approved under this subdivision shall be treated in a manner equivalent to
projects approved under subdivision 4a.

Sec. 25.

Minnesota Statutes 2016, section 144A.071, subdivision 4d, is amended to read:


Subd. 4d.

Consolidation of nursing facilities.

(a) The commissioner of health, in
consultation with the commissioner of human services, may approve a request for
consolidation of nursing facilities which includes the closure of one or more facilities and
the upgrading of the physical plant of the remaining nursing facility or facilities, the costs
of which exceed the threshold project limit under subdivision 2, clause (a). The
commissioners shall consider the criteria in this section, section 144A.073, and section
deleted text begin 256B.437deleted text endnew text begin 256R.40new text end, in approving or rejecting a consolidation proposal. In the event the
commissioners approve the request, the commissioner of human services shall calculate an
external fixed costs rate adjustment according to clauses (1) to (3):

(1) the closure of beds shall not be eligible for a planned closure rate adjustment under
section deleted text begin256B.437, subdivision 6deleted text endnew text begin 256R.40, subdivision 5new text end;

(2) the construction project permitted in this clause shall not be eligible for a threshold
project rate adjustment under section 256B.434, subdivision 4f, or a moratorium exception
adjustment under section 144A.073; and

(3) the payment rate for external fixed costs for a remaining facility or facilities shall
be increased by an amount equal to 65 percent of the projected net cost savings to the state
calculated in paragraph (b), divided by the state's medical assistance percentage of medical
assistance dollars, and then divided by estimated medical assistance resident days, as
determined in paragraph (c), of the remaining nursing facility or facilities in the request in
this paragraph. The rate adjustment is effective on the later of the first day of the month
following completion of the construction upgrades in the consolidation plan or the first day
of the month following the complete closure of a facility designated for closure in the
consolidation plan. If more than one facility is receiving upgrades in the consolidation plan,
each facility's date of construction completion must be evaluated separately.

(b) For purposes of calculating the net cost savings to the state, the commissioner shall
consider clauses (1) to (7):

(1) the annual savings from estimated medical assistance payments from the net number
of beds closed taking into consideration only beds that are in active service on the date of
the request and that have been in active service for at least three years;

(2) the estimated annual cost of increased case load of individuals receiving services
under the elderly waiver;

(3) the estimated annual cost of elderly waiver recipients receiving support under group
residential housing;

(4) the estimated annual cost of increased case load of individuals receiving services
under the alternative care program;

(5) the annual loss of license surcharge payments on closed beds;

(6) the savings from not paying planned closure rate adjustments that the facilities would
otherwise be eligible for under section deleted text begin256B.437deleted text endnew text begin 256R.40new text end; and

(7) the savings from not paying external fixed costs payment rate adjustments from
submission of renovation costs that would otherwise be eligible as threshold projects under
section 256B.434, subdivision 4f.

(c) For purposes of the calculation in paragraph (a), clause (3), the estimated medical
assistance resident days of the remaining facility or facilities shall be computed assuming
95 percent occupancy multiplied by the historical percentage of medical assistance resident
days of the remaining facility or facilities, as reported on the facility's or facilities' most
recent nursing facility statistical and cost report filed before the plan of closure is submitted,
multiplied by 365.

(d) For purposes of net cost of savings to the state in paragraph (b), the average occupancy
percentages will be those reported on the facility's or facilities' most recent nursing facility
statistical and cost report filed before the plan of closure is submitted, and the average
payment rates shall be calculated based on the approved payment rates in effect at the time
the consolidation request is submitted.

(e) To qualify for the external fixed costs payment rate adjustment under this subdivision,
the closing facilities shall:

(1) submit an application for closure according to section deleted text begin256B.437, subdivision 3deleted text endnew text begin
256R.40, subdivision 2
new text end; and

(2) follow the resident relocation provisions of section 144A.161.

(f) The county or counties in which a facility or facilities are closed under this subdivision
shall not be eligible for designation as a hardship area under subdivision 3 for five years
from the date of the approval of the proposed consolidation. The applicant shall notify the
county of this limitation and the county shall acknowledge this in a letter of support.

Sec. 26.

Minnesota Statutes 2016, section 144A.073, subdivision 3c, is amended to read:


Subd. 3c.

Cost neutral relocation projects.

(a) Notwithstanding subdivision 3, the
commissioner may at any time accept proposals, or amendments to proposals previously
approved under this section, for relocations that are cost neutral with respect to state costs
as defined in section 144A.071, subdivision 5a. The commissioner, in consultation with the
commissioner of human services, shall evaluate proposals according to subdivision 4a,
clauses (1), (4), (5), (6), and (8), and other criteria established in rule or law. The
commissioner of human services shall determine the allowable payment rates of the facility
receiving the beds in accordance with section deleted text begin256B.441, subdivision 60deleted text endnew text begin 256R.50new text end. The
commissioner shall approve or disapprove a project within 90 days.

(b) For the purposes of paragraph (a), cost neutrality shall be measured over the first
three 12-month periods of operation after completion of the project.

Sec. 27.

Minnesota Statutes 2016, section 144A.10, subdivision 4, is amended to read:


Subd. 4.

Correction orders.

Whenever a duly authorized representative of the
commissioner of health finds upon inspection of a nursing home, that the facility or a
controlling person or an employee of the facility is not in compliance with sections 144.411
to 144.417, 144.651, 144.6503, 144A.01 to 144A.155, or 626.557 or the rules promulgated
thereunder, a correction order shall be issued to the facility. The correction order shall state
the deficiency, cite the specific rule or statute violated, state the suggested method of
correction, and specify the time allowed for correction. If the commissioner finds that the
nursing home had uncorrected or repeated violations which create a risk to resident care,
safety, or rights, the commissioner shall notify the commissioner of human services who
shall require the facility to use any deleted text beginefficiencydeleted text end incentive payments received under section
deleted text begin 256B.431, subdivision 2b, paragraph (d)deleted text endnew text begin 256R.38new text end, to correct the violations and shall require
the facility to forfeit incentive payments for failure to correct the violations deleted text beginas provided in
section 256B.431, subdivision 2n
deleted text end. The forfeiture shall not apply to correction orders issued
for physical plant deficiencies.

Sec. 28.

Minnesota Statutes 2016, section 144A.15, subdivision 2, is amended to read:


Subd. 2.

Appointment of receiver, rental.

If, after hearing, the court finds that
receivership is necessary as a means of protecting the health, safety, or welfare of a resident
of the facility, the court shall appoint the commissioner of health as a receiver to take charge
of the facility. The commissioner may enter into an agreement for a managing agent to work
on the commissioner's behalf in operating the facility during the receivership. The court
shall determine a fair monthly rental for the facility, taking into account all relevant factors
including the condition of the facility. This rental fee shall be paid by the receiver to the
appropriate controlling person for each month that the receivership remains in effect but
shall be reduced by the amount that the costs of the receivership provided under section
deleted text begin 256B.495deleted text endnew text begin 256R.52new text end are in excess of the facility rate. The controlling person may agree to
waive the fair monthly rent by affidavit to the court. Notwithstanding any other law to the
contrary, no payment made to a controlling person by any state agency during a period of
receivership shall include any allowance for profit or be based on any formula which includes
an allowance for profit.

Notwithstanding state contracting requirements in chapter 16C, the commissioner shall
establish and maintain a list of qualified licensed nursing home administrators, or other
qualified persons or organizations with experience in delivering skilled health care services
and the operation of long-term care facilities for those interested in being a managing agent
on the commissioner's behalf during a state receivership of a facility. This list will be a
resource for choosing a managing agent and the commissioner may update the list at any
time. A managing agent cannot be someone who: (1) is the owner, licensee, or administrator
of the facility; (2) has a financial interest in the facility at the time of the receivership or is
a related party to the owner, licensee, or administrator; or (3) has owned or operated any
nursing facility or boarding care home that has been ordered into receivership.

Sec. 29.

Minnesota Statutes 2016, section 144A.154, is amended to read:


144A.154 RATE RECOMMENDATION.

The commissioner may recommend to the commissioner of human services a review of
the rates for a nursing home or boarding care home that participates in the medical assistance
program that is in deleted text beginvoluntary or involuntarydeleted text end receivership, and that has needs or deficiencies
documented by the Department of Health. If the commissioner of health determines that a
review of the rate under section deleted text begin256B.495deleted text endnew text begin 256R.52new text end is needed, the commissioner shall provide
the commissioner of human services with:

(1) a copy of the order or determination that cites the deficiency or need; and

(2) the commissioner's recommendation for additional staff and additional annual hours
by type of employee and additional consultants, services, supplies, equipment, or repairs
necessary to satisfy the need or deficiency.

Sec. 30.

Minnesota Statutes 2016, section 144A.161, subdivision 10, is amended to read:


Subd. 10.

Facility closure rate adjustment.

Upon the request of a closing facility, the
commissioner of human services must allow the facility a closure rate adjustment equal to
a 50 percent payment rate increase to reimburse relocation costs or other costs related to
facility closure. This rate increase is effective on the date the facility's occupancy decreases
to 90 percent of capacity days after the written notice of closure is distributed under
subdivision 5 and shall remain in effect for a period of up to 60 days. The commissioner
shall delay the implementation of rate adjustments under section deleted text begin256B.437, subdivisions
3, paragraph (b)
, and 6, paragraph (a)
deleted text endnew text begin 256R.40, subdivisions 5 and 6new text end, to offset the cost of
this rate adjustment.

Sec. 31.

Minnesota Statutes 2016, section 144A.1888, is amended to read:


144A.1888 REUSE OF FACILITIES.

Notwithstanding any local ordinance related to development, planning, or zoning to the
contrary, the conversion or reuse of a nursing home that closes or that curtails, reduces, or
changes operations shall be considered a conforming use permitted under local law, provided
that the facility is converted to another long-term care service approved by a regional
planning group under section deleted text begin256B.437deleted text endnew text begin 256R.40new text end that serves a smaller number of persons
than the number of persons served before the closure or curtailment, reduction, or change
in operations.

Sec. 32.

Minnesota Statutes 2016, section 144A.611, subdivision 1, is amended to read:


Subdivision 1.

Nursing homes and certified boarding care homes.

The actual costs
of tuition and textbooks and reasonable expenses for the competency evaluation or the
nursing assistant training program and competency evaluation approved under section
144A.61, which are paid to nursing assistants or adult training programs pursuant to
subdivisions 2 and 4, are a reimbursable expense for nursing homes and certified boarding
care homes under section deleted text begin256B.431, subdivision 36deleted text endnew text begin 256R.37new text end.

Sec. 33.

Minnesota Statutes 2016, section 144D.01, subdivision 6, is amended to read:


Subd. 6.

Health-related services.

"Health-related services" include professional nursing
services, home health aide tasks, deleted text beginand home care aide tasks identified in Minnesota Rules,
parts 4668.0100, subparts 1 and 2; and 4668.0110, subpart 1;
deleted text end or the central storage of
medication for residents.

Sec. 34.

Minnesota Statutes 2016, section 146B.03, subdivision 7, is amended to read:


Subd. 7.

Temporary licensure.

(a) The commissioner may issue a temporary license
to an applicant who submits to the commissioner on a form provided by the commissioner:

(1) proof that the applicant is over the age of 18;

(2) all fees required under section deleted text begin148B.10deleted text endnew text begin 146B.10new text end; and

(3) a letter from a licensed technician who has agreed to provide the supervision to meet
the supervised experience requirement under subdivision 4.

(b) Upon completion of the required supervised experience, the temporary licensee shall
submit documentation of satisfactorily completing the requirements under subdivision 4,
and the applicable fee under section 146B.10. The commissioner shall issue a new license
in accordance with subdivision 4.

(c) A temporary license issued under this subdivision is valid for one year and may be
renewed for one additional year.

Sec. 35.

Minnesota Statutes 2016, section 148.512, subdivision 16, is amended to read:


Subd. 16.

Licensure.

"Licensure" is the system of regulation defined in section 214.001,
subdivision 3
, deleted text beginparagraph (c)deleted text endnew text begin clause (3)new text end, and is the process specified in sections 148.511 to
148.5198.

Sec. 36.

Minnesota Statutes 2016, section 148.725, subdivision 5, is amended to read:


Subd. 5.

Examination.

The applicant must satisfactorily complete the board-approved
examination as stated in section 148.723 deleted text beginor 148.73deleted text end.

Sec. 37.

Minnesota Statutes 2016, section 148E.280, is amended to read:


148E.280 USE OF TITLES.

deleted text begin (a) No individual may be presented to the public by any title incorporating the words
"social work" or "social worker" or in the titles in section 148E.195, unless that individual
holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt from
licensure under section 148E.065.
deleted text end

deleted text begin This paragraph expires July 1, 2016.
deleted text end

deleted text begin (b) Effective July 1, 2016,deleted text end No individual may be presented to the public by any title
incorporating the words "social work" or "social worker" or in the titles in section 148E.195,
unless that individual is employed by a county or holds a license under this chapter.

Sec. 38.

Minnesota Statutes 2016, section 150A.02, is amended to read:


150A.02 BOARD OF DENTISTRY.

Subdivision 1.

Generally.

There is hereby created a Board of Dentistry whose duty it
shall be to carry out the purposes and enforce the provisions of sections 150A.01 to 150A.12.
The board shall consist of two public members as defined by section 214.02, five qualified
resident dentists, one qualified resident licensed dental assistant, and one qualified resident
dental hygienist appointed by the governor. Membership terms, compensation of members,
removal of members, the filling of membership vacancies, and fiscal year and reporting
requirements shall be as provided in sections 214.07 to 214.09. The provision of staff,
administrative services and office space; the review and processing of board complaints;
the setting of board fees; and other provisions relating to board operations shall be as provided
in chapter 214. Each board member who is a dentist, licensed dental assistant, or dental
hygienist shall have been lawfully in active practice in this state for five years immediately
preceding appointment; and no board member shall be eligible for appointment to more
than two consecutive four-year terms, and members serving on the board at the time of the
enactment hereof shall be eligible to reappointment provided they shall not have served
more than nine consecutive years at the expiration of the term to which they are to be
appointed. At least 90 days prior to the expiration of the terms of dentists, licensed dental
assistants, or dental hygienists, the Minnesota Dental Association, Minnesota Dental
Assistants Association, or the Minnesota deleted text beginStatedeleted text end Dental deleted text beginHygienedeleted text endnew text begin Hygienists'new text end Association shall
recommend to the governor for each term expiring not less than two dentists, two licensed
dental assistants, or two dental hygienists, respectively, who are qualified to serve on the
board, and from the list so recommended the governor may appoint members to the board
for the term of four years, the appointments to be made within 30 days after the expiration
of the terms. Within 60 days after the occurrence of a dentist, licensed dental assistant, or
dental hygienist vacancy, prior to the expiration of the term, in the board, the Minnesota
Dental Association, the Minnesota Dental Assistants Association, or the Minnesota deleted text beginStatedeleted text end
Dental deleted text beginHygienedeleted text endnew text begin Hygienists'new text end Association shall recommend to the governor not less than two
dentists, two licensed dental assistants, or two dental hygienists, who are qualified to serve
on the board and from the list so recommended the governor, within 30 days after receiving
such list of dentists, may appoint one member to the board for the unexpired term occasioned
by such vacancy. Any appointment to fill a vacancy shall be made within 90 days after the
occurrence of such vacancy. The first four-year term of the dental hygienist and of the
licensed dental assistant shall commence on the first Monday in January, 1977.

Sec. 39.

Minnesota Statutes 2016, section 151.06, subdivision 1, is amended to read:


Subdivision 1.

Generally; rules.

(a) deleted text beginPowers and duties.deleted text end The Board of Pharmacy shall
have the power and it shall be its duty:

(1) to regulate the practice of pharmacy;

(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;

(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
dispensed in this state, using the United States Pharmacopeia and the National Formulary,
or any revisions thereof, or standards adopted under the federal act as the standard;

(4) to enter and inspect by its authorized representative any and all places where drugs,
medicines, medical gases, or veterinary drugs or devices are sold, vended, given away,
compounded, dispensed, manufactured, wholesaled, or held; it may secure samples or
specimens of any drugs, medicines, medical gases, or veterinary drugs or devices after
paying or offering to pay for such sample; it shall be entitled to inspect and make copies of
any and all records of shipment, purchase, manufacture, quality control, and sale of these
items provided, however, that such inspection shall not extend to financial data, sales data,
or pricing data;

(5) to examine and license as pharmacists all applicants whom it shall deem qualified
to be such;

(6) to license wholesale drug distributors;

(7) to take disciplinary action against any registration or license required under this
chapter upon any of the grounds listed in section 151.071, and in accordance with the
provisions of section 151.071;

(8) to employ necessary assistants and adopt rules for the conduct of its business;

(9) to register as pharmacy technicians all applicants who the board determines are
qualified to carry out the duties of a pharmacy technician;

(10) to perform such other duties and exercise such other powers as the provisions of
the act may require; and

(11) to enter and inspect any business to which it issues a license or registration.

(b) deleted text beginRules.deleted text end For the purposes aforesaid, it shall be the duty of the board to make and publish
uniform rules not inconsistent herewith for carrying out and enforcing the provisions of this
chapter. The board shall adopt rules regarding prospective drug utilization review and patient
counseling by pharmacists. A pharmacist in the exercise of the pharmacist's professional
judgment, upon the presentation of a prescription by a patient or the patient's caregiver or
agent, shall perform the prospective drug utilization review required by rules issued under
this subdivision.

(c) deleted text beginSubstitution; rules.deleted text end If the United States Food and Drug Administration (FDA)
determines that the substitution of drugs used for the treatment of epilepsy or seizures poses
a health risk to patients, the board shall adopt rules in accordance with accompanying FDA
interchangeability standards regarding the use of substitution for these drugs. If the board
adopts a rule regarding the substitution of drugs used for the treatment of epilepsy or seizures
that conflicts with the substitution requirements of section 151.21, subdivision 3, the rule
shall supersede the conflicting statute. If the rule proposed by the board would increase
state costs for state public health care programs, the board shall report to the chairs and
ranking minority members of the senate Health and Human Services Budget Division and
the house of representatives Health Care and Human Services Finance Division the proposed
rule and the increased cost associated with the proposed rule before the board may adopt
the rule.

Sec. 40.

Minnesota Statutes 2016, section 151.32, is amended to read:


151.32 CITATION.

The title of sections 151.01 to 151.40 shall be the Pharmacy Practice Act deleted text beginof 1988deleted text end.

Sec. 41.

Minnesota Statutes 2016, section 152.25, subdivision 4, is amended to read:


Subd. 4.

Reports.

(a) The commissioner shall provide regular updates to the task force
new text begin on medical cannabis therapeutic research new text endand to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services, public safety,
judiciary, and civil law deleted text beginon medical cannabis therapeutic researchdeleted text end regarding any changes in
federal law or regulatory restrictions regarding the use of medical cannabis.

(b) The commissioner may submit medical research based on the data collected under
sections 152.22 to 152.37 to any federal agency with regulatory or enforcement authority
over medical cannabis to demonstrate the effectiveness of medical cannabis for treating a
qualifying medical condition.

Sec. 42.

Minnesota Statutes 2016, section 153B.30, subdivision 2, is amended to read:


Subd. 2.

Qualifications.

(a) To be eligible for licensure as an orthotist, prosthetist, or
prosthetist orthotist, an applicant shall meet orthotist, prosthetist, or prosthetist orthotist
certification requirements of either the American Board for Certification in Orthotics,
Prosthetics, and Pedorthics or the Board of Certification/Accreditation deleted text beginrequirementsdeleted text end in
effect at the time of the individual's application for licensure and be in good standing with
the certifying board.

(b) To be eligible for licensure as a pedorthist, an applicant shall meet the pedorthist
certification requirements of either the American Board for Certification in Orthotics,
Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are in effect at
the time of the individual's application for licensure and be in good standing with the
certifying board.

(c) To be eligible for licensure as an orthotic or prosthetic assistant, an applicant shall
meet the orthotic or prosthetic assistant certification requirements of the American Board
for Certification in Orthotics, Prosthetics, and Pedorthics that are in effect at the time of the
individual's application for licensure and be in good standing with the certifying board.

(d) To be eligible for licensure as an orthotic fitter, an applicant shall meet the orthotic
fitter certification requirements of either the American Board for Certification in Orthotics,
Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are in effect at
the time of the individual's application for licensure and be in good standing with the
certifying board.

Sec. 43.

Minnesota Statutes 2016, section 179A.10, subdivision 1, is amended to read:


Subdivision 1.

Exclusions.

The commissioner of management and budget shall meet
and negotiate with the exclusive representative of each of the units specified in this section,
except as provided in section 43A.06, subdivision 1, paragraph (c). The units provided in
this section are the only appropriate units for executive branch state employees. The following
employees shall be excluded from any appropriate unit:

(1) the positions and classes of positions in the classified and unclassified services defined
as managerial by the commissioner of management and budget in accordance with section
43A.18, subdivision 3, and so designated in the official state compensation schedules;

(2) unclassified positions in the Minnesota State Colleges and Universities defined as
managerial by the Board of Trustees;

deleted text begin (3) positions of physician employees compensated under section 43A.17, subdivision
4
;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end positions of all unclassified employees appointed by a constitutional officer;

deleted text begin (5)deleted text endnew text begin (4)new text end positions in the Bureau of Mediation Services and the Public Employment
Relations Board;

deleted text begin (6)deleted text endnew text begin (5)new text end positions of employees whose classification is pilot or chief pilot;

deleted text begin (7)deleted text endnew text begin (6)new text end administrative law judge and compensation judge positions in the Office of
Administrative Hearings; and

deleted text begin (8)deleted text endnew text begin (7)new text end positions of all confidential employees.

The governor may upon the unanimous written request of exclusive representatives of
units and the commissioner direct that negotiations be conducted for one or more units in
a common proceeding or that supplemental negotiations be conducted for portions of a unit
or units defined on the basis of appointing authority or geography.

Sec. 44.

Minnesota Statutes 2016, section 204B.13, subdivision 1, is amended to read:


Subdivision 1.

Partisan office.

(a) A vacancy in nomination for a partisan office must
be filled in the manner provided by this section. A vacancy in nomination exists for a partisan
office when a major political party candidate who has been nominated in accordance with
section 204D.03, subdivision 3, or 204D.10, subdivision 1:

(1) dies;

(2) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at least
one day prior to the general election with the same official who received the affidavit of
candidacy; or

(3) is determined to be ineligible to hold the office the candidate is seeking, pursuant to
a court order issued under section 204B.44.

(b) An affidavit of withdrawal filed under paragraph (a), clause deleted text begin(3)deleted text end new text begin(2)new text end, must state that
the candidate has been diagnosed with a catastrophic illness that will permanently and
continuously incapacitate the candidate and prevent the candidate from performing the
duties of the office sought, if elected. The affidavit must be accompanied by a certificate
verifying the candidate's illness meets the requirements of this paragraph, signed by at least
two licensed physicians. The affidavit and certificate may be filed by the candidate or the
candidate's legal guardian.

Sec. 45.

Minnesota Statutes 2016, section 204B.13, subdivision 2, is amended to read:


Subd. 2.

Partisan office; nomination by party; special election.

(a) Except as provided
in subdivision 5, a major political party may fill a vacancy in nomination of that party's
candidate as defined in subdivision 1,new text begin paragraph (a),new text end clause (1), (2), or (3), by filing one
nomination certificate with the same official who received the affidavits of candidacy for
that office.

A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill a vacancy in nomination for any federal or
state partisan office. The nomination certificate shall be prepared under the direction of and
executed by the chair and secretary of the political party and filed within the timelines
established in this section. When filing the certificate the chair and secretary shall attach an
affidavit stating that the newly nominated candidate has been selected under the rules of
the party and that the individuals signing the certificate and making the affidavit are the
chair and secretary of the party.

(b) In the case of a vacancy in nomination for partisan office that occurs on or before
the 79th day before the general election, the major political party must file the nomination
certificate no later than 71 days before the general election. The name of the candidate
nominated by the party must appear on the general election ballot.

(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for a
partisan office that occurs after the 79th day before the general election, the general election
ballot shall remain unchanged, but the county and state canvassing boards must not certify
the vote totals for that office from the general election, and the office must be filled at a
special election held in accordance with this section. Except for the vacancy in nomination,
all other candidates whose names appeared on the general election ballot for the office must
appear on the special election ballot for the office. New affidavits of candidacy or nominating
petitions may not be accepted, and there must not be a primary to fill the vacancy in
nomination. The major political party may file a nomination certificate as provided in
paragraph (a) no later than seven days after the general election. On the date of the general
election, the county auditor or municipal clerk shall post a notice in each precinct affected
by a vacancy in nomination under this paragraph, informing voters of the reason for the
vacancy in nomination and the procedures for filling the vacancy in nomination and
conducting a special election as required by this section. The secretary of state shall prepare
and electronically distribute the notice to county auditors in each county affected by a
vacancy in nomination.

Sec. 46.

Minnesota Statutes 2016, section 237.59, subdivision 2, is amended to read:


Subd. 2.

Petition.

(a) A telephone company, or the commission on its own motion, may
petition to have a service of that telephone company classified as subject to effective
competition or emerging competition. The petition must be served on the commission, the
department, the Office of the Attorney General, and any other person designated by the
commission. The petition must contain at least:

(1) a list of the known alternative providers of the service available to the company's
customers; and

(2) a description of affiliate relationships with any other provider of the service in the
company's market.

(b) At the time the company first offers a service, it shall also file a petition with the
commission for a determination as to how the service should be classified. In the event that
no interested party or the commission objects to the company's proposed classification
within 20 days of the filing of the petition, the company's proposed classification of the
service is deemed approved. If an objection is filed, the commission shall determine the
appropriate classification after a hearing conducted pursuant to section 237.61. In either
event, the company may offer the new service to its customers ten days after the company
files the price list and incremental cost study as provided in deleted text beginsection 237.60, subdivision 2,
paragraph (f)
deleted text endnew text begin Minnesota Rules, parts 7811.2210 and 7812.2210new text end.

(c) A new service may be classified as subject to effective competition or emerging
competition pursuant to the criteria set forth in subdivision 5. A new service must be regulated
under the emerging competition provisions if it is not integrally related to the provision of
adequate local service or access to the telephone network or to the privacy, health, or safety
of the company's customers, whether or not it meets the criteria set forth in subdivision 5.

Sec. 47.

Minnesota Statutes 2016, section 237.761, subdivision 4, is amended to read:


Subd. 4.

Flexibly priced service.

(a) A service not listed in subdivision 3 or not otherwise
determined to be price regulated under subdivision 6 or 7 or nonprice regulated must be
classified as a flexibly priced service.

(b) Flexibly priced services are regulated consistent with deleted text beginsection 237.60, subdivision 2deleted text endnew text begin
Minnesota Rules, parts 7811.2210 and 7812.2210
new text end, except that:

(1) rate decreases may be effective immediately upon filing and upon notice to affected
customers; and

(2) rate increases may be effective 20 days after filing and upon notice to affected
customers and are considered approved if no objection is filed or raised by an interested
party or the commission within 20 days after the filing. If an interested party files an
objection, the commission shall make its determination on the proposed rate increase within
90 days of the filing of the objection.

Sec. 48.

Minnesota Statutes 2016, section 245.4835, subdivision 2, is amended to read:


Subd. 2.

Failure to maintain expenditures.

(a) If a county does not comply with
subdivision 1, the commissioner shall require the county to develop a corrective action plan
according to a format and timeline established by the commissioner. If the commissioner
determines that a county has not developed an acceptable corrective action plan within the
required timeline, or that the county is not in compliance with an approved corrective action
plan, the protections provided to that county under section 245.485 do not apply.

(b) The commissioner shall consider the following factors to determine whether to
approve a county's corrective action plan:

(1) the degree to which a county is maximizing revenues for mental health services from
noncounty sources;

(2) the degree to which a county is expanding use of alternative services that meet mental
health needs, but do not count as mental health services within existing reporting systems.
If approved by the commissioner, the alternative services must be included in the county's
base as well as subsequent years. The commissioner's approval for alternative services must
be based on the following criteria:

(i) the service must be provided to children with emotional disturbance or adults with
mental illness;

(ii) the services must be based on an individual treatment plan or individual community
support plan as defined in the Comprehensive Mental Health Act; and

(iii) the services must be supervised by a mental health professional and provided by
staff who meet the staff qualifications defined in sections 256B.0943, subdivision 7, and
deleted text begin 256B.0622deleted text endnew text begin 256B.0623new text end, subdivision 5.

(c) Additional county expenditures to make up for the prior year's underspending may
be spread out over a two-year period.

Sec. 49.

Minnesota Statutes 2016, section 245.493, subdivision 1, is amended to read:


Subdivision 1.

Qualification requirements.

In order to qualify as a local children's
mental health collaborative and be eligible to receive start-up funds, the representatives of
the local system of care and nongovernmental entities such as parents of children in the
target population; parent and consumer organizations; community, civic, and religious
organizations; private and nonprofit mental and physical health care providers; culturally
specific organizations; local foundations; and businesses, or at a minimum one county, one
school district or special education cooperative, one mental health entity, and, by July 1,
1998, one juvenile justice or corrections entity, must agree to the following:

(1) to establish a local children's mental health collaborative and develop an integrated
service system;

(2) to commit resources to providing services through the local children's mental health
collaborative; and

(3) new text beginto new text enddevelop a plan to contribute funds to the children's mental health collaborative.

Sec. 50.

Minnesota Statutes 2016, section 245.62, subdivision 4, is amended to read:


Subd. 4.

Rules.

The commissioner shall promulgate rules to establish standards for the
designation of an agency as a community mental health center. These standards shall include,
but are not limited to:

deleted text begin (a)deleted text endnew text begin (1)new text end provision of mental health services in the prevention, identification, treatment
and aftercare of emotional disorders, chronic and acute mental illness, developmental
disabilities, and alcohol and drug abuse and dependency, including the services listed in
section 245.61 except detoxification services;

deleted text begin (b)deleted text endnew text begin (2)new text end establishment of a community mental health center board pursuant to section
245.66; and

deleted text begin (c)deleted text endnew text begin (3)new text end approval pursuant to section 245.69, subdivision 2.

Sec. 51.

Minnesota Statutes 2016, section 245A.11, subdivision 2a, is amended to read:


Subd. 2a.

Adult foster care and community residential setting license capacity.

(a)
The commissioner shall issue adult foster care and community residential setting licenses
with a maximum licensed capacity of four beds, including nonstaff roomers and boarders,
except that the commissioner may issue a license with a capacity of five beds, including
roomers and boarders, according to paragraphs (b) to deleted text begin(f)deleted text endnew text begin (g)new text end.

(b) The license holder may have a maximum license capacity of five if all persons in
care are age 55 or over and do not have a serious and persistent mental illness or a
developmental disability.

(c) The commissioner may grant variances to paragraph (b) to allow a facility with a
licensed capacity of up to five persons to admit an individual under the age of 55 if the
variance complies with section 245A.04, subdivision 9, and approval of the variance is
recommended by the county in which the licensed facility is located.

(d) The commissioner may grant variances to paragraph deleted text begin(b)deleted text endnew text begin (a)new text end to allow the use of an
additional bed, up to five, for emergency crisis services for a person with serious and
persistent mental illness or a developmental disability, regardless of age, if the variance
complies with section 245A.04, subdivision 9, and approval of the variance is recommended
by the county in which the licensed facility is located.

(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an
additional bed, up to five, for respite services, as defined in section 245A.02, for persons
with disabilities, regardless of age, if the variance complies with sections 245A.03,
subdivision 7
, and 245A.04, subdivision 9, and approval of the variance is recommended
by the county in which the licensed facility is located. Respite care may be provided under
the following conditions:

(1) staffing ratios cannot be reduced below the approved level for the individuals being
served in the home on a permanent basis;

(2) no more than two different individuals can be accepted for respite services in any
calendar month and the total respite days may not exceed 120 days per program in any
calendar year;

(3) the person receiving respite services must have his or her own bedroom, which could
be used for alternative purposes when not used as a respite bedroom, and cannot be the
room of another person who lives in the facility; and

(4) individuals living in the facility must be notified when the variance is approved. The
provider must give 60 days' notice in writing to the residents and their legal representatives
prior to accepting the first respite placement. Notice must be given to residents at least two
days prior to service initiation, or as soon as the license holder is able if they receive notice
of the need for respite less than two days prior to initiation, each time a respite client will
be served, unless the requirement for this notice is waived by the resident or legal guardian.

(f) The commissioner may issue an adult foster care or community residential setting
license with a capacity of five adults if the fifth bed does not increase the overall statewide
capacity of licensed adult foster care or community residential setting beds in homes that
are not the primary residence of the license holder, as identified in a plan submitted to the
commissioner by the county, when the capacity is recommended by the county licensing
agency of the county in which the facility is located and if the recommendation verifies
that:

(1) the facility meets the physical environment requirements in the adult foster care
licensing rule;

(2) the five-bed living arrangement is specified for each resident in the resident's:

(i) individualized plan of care;

(ii) individual service plan under section 256B.092, subdivision 1b, if required; or

(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105,
subpart 19, if required;

(3) the license holder obtains written and signed informed consent from each resident
or resident's legal representative documenting the resident's informed choice to remain
living in the home and that the resident's refusal to consent would not have resulted in
service termination; and

(4) the facility was licensed for adult foster care before March 1, 2011.

(g) The commissioner shall not issue a new adult foster care license under paragraph (f)
after June 30, 2017. The commissioner shall allow a facility with an adult foster care license
issued under paragraph (f) before June 30, 2017, to continue with a capacity of five adults
if the license holder continues to comply with the requirements in paragraph (f).

Sec. 52.

Minnesota Statutes 2016, section 245F.09, subdivision 1, is amended to read:


Subdivision 1.

Use of protective procedures.

(a) deleted text beginProgramsdeleted text endnew text begin A programnew text end must incorporate
person-centered planning and trauma-informed care into its protective procedure policies.
Protective procedures may be used only in cases where a less restrictive alternative will not
protect the patient or others from harm and when the patient is in imminent danger of
harming self or others. When a program uses a protective procedure, the program must
continuously observe the patient until the patient may safely be left for 15-minute intervals.
Use of the procedure must end when the patient is no longer in imminent danger of harming
self or others.

(b) Protective procedures may not be used:

(1) for disciplinary purposes;

(2) to enforce program rules;

(3) for the convenience of staff;

(4) as a part of any patient's health monitoring plan; or

(5) for any reason except in response to specific, current behaviors which create an
imminent danger of harm to the patient or others.

Sec. 53.

Minnesota Statutes 2016, section 252.292, subdivision 4, is amended to read:


Subd. 4.

Facility rates.

For purposes of this section, the commissioner shall establish
payment rates under section 256B.501 and Minnesota Rules, parts 9553.0010 to 9553.0080,
except that, in order to facilitate an orderly transition of residents from community
intermediate care facilities for persons with developmental disabilities to services provided
under the home and community-based services program, the commissioner may, in a contract
with the provider, modify the effect of provisions in Minnesota Rules, parts 9553.0010 to
9553.0080, as stated in clauses deleted text begin(a)deleted text endnew text begin (1)new text end to deleted text begin(i)deleted text endnew text begin (9)new text end:

deleted text begin (a)deleted text endnew text begin (1)new text end extend the interim and settle-up rate provisions to include facilities covered by
this section;

deleted text begin (b)deleted text endnew text begin (2)new text end extend the length of the interim period but not to exceed 12 months. The
commissioner may grant a variance to exceed the 12-month interim period, as necessary,
for facilities which are licensed and certified to serve more than 99 persons. In no case shall
the commissioner approve an interim period which exceeds 24 months;

deleted text begin (c)deleted text endnew text begin (3)new text end waive the investment per bed limitations for the interim period and the settle-up
rate;

deleted text begin (d)deleted text endnew text begin (4)new text end limit the amount of reimbursable expenses related to the acquisition of new capital
assets;

deleted text begin (e)deleted text endnew text begin (5)new text end prohibit the acquisition of additional capital debt or refinancing of existing capital
debt unless prior approval is obtained from the commissioner;

deleted text begin (f)deleted text endnew text begin (6)new text end establish an administrative operating cost limitation for the interim period and
the settle-up rate;

deleted text begin (g)deleted text endnew text begin (7)new text end require the retention of financial and statistical records until the commissioner
has audited the interim period and the settle-up rate;

deleted text begin (h)deleted text endnew text begin (8)new text end require that the interim period be audited by a certified or licensed public
accounting firm; or

deleted text begin (i)deleted text endnew text begin (9)new text end change any other provision to which all parties to the contract agree.

Sec. 54.

Minnesota Statutes 2016, section 256.045, subdivision 3b, is amended to read:


Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a)
The state human services judge shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under sections 626.556
and 626.557. For purposes of hearings regarding disqualification, the state human services
judge shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph
(a), clause deleted text begin(9)deleted text endnew text begin (10)new text end, if a preponderance of the evidence shows the individual has:

(1) committed maltreatment under section 626.556 or 626.557, which is serious or
recurring;

(2) committed an act or acts meeting the definition of any of the crimes listed in section
245C.15, subdivisions 1 to 4; or

(3) failed to make required reports under section 626.556 or 626.557, for incidents in
which the final disposition under section 626.556 or 626.557 was substantiated maltreatment
that was serious or recurring.

(b) If the disqualification is affirmed, the state human services judge shall determine
whether the individual poses a risk of harm in accordance with the requirements of section
245C.22, and whether the disqualification should be set aside or not set aside. In determining
whether the disqualification should be set aside, the human services judge shall consider
all of the characteristics that cause the individual to be disqualified, including those
characteristics that were not subject to review under paragraph (a), in order to determine
whether the individual poses a risk of harm. A decision to set aside a disqualification that
is the subject of the hearing constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact services in the individual
program specified in the set aside.

(c) If a disqualification is based solely on a conviction or is conclusive for any reason
under section 245C.29, the disqualified individual does not have a right to a hearing under
this section.

(d) The state human services judge shall recommend an order to the commissioner of
health, education, or human services, as applicable, who shall issue a final order. The
commissioner shall affirm, reverse, or modify the final disposition. Any order of the
commissioner issued in accordance with this subdivision is conclusive upon the parties
unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under
chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the
commissioner's determination as to maltreatment is conclusive, as provided under section
245C.29.

Sec. 55.

Minnesota Statutes 2016, section 256.045, subdivision 4, is amended to read:


Subd. 4.

Conduct of hearings.

(a) All hearings held pursuant to subdivision 3, 3a, 3b,
or 4a shall be conducted according to the provisions of the federal Social Security Act and
the regulations implemented in accordance with that act to enable this state to qualify for
federal grants-in-aid, and according to the rules and written policies of the commissioner
of human services. County agencies shall install equipment necessary to conduct telephone
hearings. A state human services judge may schedule a telephone conference hearing when
the distance or time required to travel to the county agency offices will cause a delay in the
issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings
may be conducted by telephone conferences unless the applicant, recipient, former recipient,
person, or facility contesting maltreatment objects. A human services judge may grant a
request for a hearing in person by holding the hearing by interactive video technology or
in person. The human services judge must hear the case in person if the person asserts that
either the person or a witness has a physical or mental disability that would impair the
person's or witness's ability to fully participate in a hearing held by interactive video
technology. The hearing shall not be held earlier than five days after filing of the required
notice with the county or state agency. The state human services judge shall notify all
interested persons of the time, date, and location of the hearing at least five days before the
date of the hearing. Interested persons may be represented by legal counsel or other
representative of their choice, including a provider of therapy services, at the hearing and
may appear personally, testify and offer evidence, and examine and cross-examine witnesses.
The applicant, recipient, former recipient, person, or facility contesting maltreatment shall
have the opportunity to examine the contents of the case file and all documents and records
to be used by the county or state agency at the hearing at a reasonable time before the date
of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses
(4), deleted text begin(8), anddeleted text end (9),new text begin and (10),new text end either party may subpoena the private data relating to the
investigation prepared by the agency under section 626.556 or 626.557 that is not otherwise
accessible under section 13.04, provided the identity of the reporter may not be disclosed.

(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph
(a), clause (4), deleted text begin(8), ordeleted text end (9), new text beginor (10), new text endmust be subject to a protective order which prohibits its
disclosure for any other purpose outside the hearing provided for in this section without
prior order of the district court. Disclosure without court order is punishable by a sentence
of not more than 90 days imprisonment or a fine of not more than $1,000, or both. These
restrictions on the use of private data do not prohibit access to the data under section 13.03,
subdivision 6
. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), deleted text begin(8),
and
deleted text end (9), new text beginand (10), new text endupon request, the county agency shall provide reimbursement for
transportation, child care, photocopying, medical assessment, witness fee, and other necessary
and reasonable costs incurred by the applicant, recipient, or former recipient in connection
with the appeal. All evidence, except that privileged by law, commonly accepted by
reasonable people in the conduct of their affairs as having probative value with respect to
the issues shall be submitted at the hearing and such hearing shall not be "a contested case"
within the meaning of section 14.02, subdivision 3. The agency must present its evidence
prior to or at the hearing, and may not submit evidence after the hearing except by agreement
of the parties at the hearing, provided the petitioner has the opportunity to respond.

(c) In hearings under subdivision 3, paragraph (a), clauses (4), deleted text begin(8), anddeleted text end (9), new text beginand (10),
new text end involving determinations of maltreatment or disqualification made by more than one county
agency, by a county agency and a state agency, or by more than one state agency, the hearings
may be consolidated into a single fair hearing upon the consent of all parties and the state
human services judge.

(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a
vulnerable adult, the human services judge shall notify the vulnerable adult who is the
subject of the maltreatment determination and, if known, a guardian of the vulnerable adult
appointed under section 524.5-310, or a health care agent designated by the vulnerable adult
in a health care directive that is currently effective under section 145C.06 and whose authority
to make health care decisions is not suspended under section 524.5-310, of the hearing. The
notice must be sent by certified mail and inform the vulnerable adult of the right to file a
signed written statement in the proceedings. A guardian or health care agent who prepares
or files a written statement for the vulnerable adult must indicate in the statement that the
person is the vulnerable adult's guardian or health care agent and sign the statement in that
capacity. The vulnerable adult, the guardian, or the health care agent may file a written
statement with the human services judge hearing the case no later than five business days
before commencement of the hearing. The human services judge shall include the written
statement in the hearing record and consider the statement in deciding the appeal. This
subdivision does not limit, prevent, or excuse the vulnerable adult from being called as a
witness testifying at the hearing or grant the vulnerable adult, the guardian, or health care
agent a right to participate in the proceedings or appeal the human services judge's decision
in the case. The lead investigative agency must consider including the vulnerable adult
victim of maltreatment as a witness in the hearing. If the lead investigative agency determines
that participation in the hearing would endanger the well-being of the vulnerable adult or
not be in the best interests of the vulnerable adult, the lead investigative agency shall inform
the human services judge of the basis for this determination, which must be included in the
final order. If the human services judge is not reasonably able to determine the address of
the vulnerable adult, the guardian, or the health care agent, the human services judge is not
required to send a hearing notice under this subdivision.

Sec. 56.

Minnesota Statutes 2016, section 256.0451, subdivision 1, is amended to read:


Subdivision 1.

Scope.

The requirements in this section apply to all fair hearings and
appeals under section 256.045, subdivision 3, paragraph (a), clauses (1), (2), (3), (5), (6),
deleted text begin anddeleted text end (7)new text begin, (8), (11), and (13)new text end. Except as provided in subdivisions 3 and 19, the requirements
under this section apply to fair hearings and appeals under section 256.045, subdivision 3,
paragraph (a), clauses (4), deleted text begin(8), anddeleted text end (9)new text begin, (10), and (12)new text end.

The term "person" is used in this section to mean an individual who, on behalf of
themselves or their household, is appealing or disputing or challenging an action, a decision,
or a failure to act, by an agency in the human services system. When a person involved in
a proceeding under this section is represented by an attorney or by an authorized
representative, the term "person" also refers to the person's attorney or authorized
representative. Any notice sent to the person involved in the hearing must also be sent to
the person's attorney or authorized representative.

The term "agency" includes the county human services agency, the state human services
agency, and, where applicable, any entity involved under a contract, subcontract, grant, or
subgrant with the state agency or with a county agency, that provides or operates programs
or services in which appeals are governed by section 256.045.

Sec. 57.

Minnesota Statutes 2016, section 256.0451, subdivision 3, is amended to read:


Subd. 3.

Agency appeal summary.

(a) Except in fair hearings and appeals under section
256.045, subdivision 3, paragraph (a), clauses (4), deleted text begin(8)deleted text endnew text begin (9)new text end, and deleted text begin(9)deleted text endnew text begin (10)new text end, the agency involved
in an appeal must prepare a state agency appeal summary for each fair hearing appeal. The
state agency appeal summary shall be mailed or otherwise delivered to the person who is
involved in the appeal at least three working days before the date of the hearing. The state
agency appeal summary must also be mailed or otherwise delivered to the department's
Appeals Office at least three working days before the date of the fair hearing appeal.

(b) In addition, the human services judge shall confirm that the state agency appeal
summary is mailed or otherwise delivered to the person involved in the appeal as required
under paragraph (a). The person involved in the fair hearing should be provided, through
the state agency appeal summary or other reasonable methods, appropriate information
about the procedures for the fair hearing and an adequate opportunity to prepare. These
requirements apply equally to the state agency or an entity under contract when involved
in the appeal.

(c) The contents of the state agency appeal summary must be adequate to inform the
person involved in the appeal of the evidence on which the agency relies and the legal basis
for the agency's action or determination.

Sec. 58.

Minnesota Statutes 2016, section 256.0451, subdivision 11, is amended to read:


Subd. 11.

Hearing facilities and equipment.

The human services judge shall conduct
the hearing in the county where the person involved resides, unless an alternate location is
mutually agreed upon before the hearing, or unless the person has agreed to a hearing by
telephone. Hearings under section 256.045, subdivision 3, paragraph (a), clauses (4), deleted text begin(8),
and
deleted text end (9), new text beginand (10), new text endmust be conducted in the county where the determination was made,
unless an alternate location is mutually agreed upon before the hearing. The hearing room
shall be of sufficient size and layout to adequately accommodate both the number of
individuals participating in the hearing and any identified special needs of any individual
participating in the hearing. The human services judge shall ensure that all communication
and recording equipment that is necessary to conduct the hearing and to create an adequate
record is present and functioning properly. If any necessary communication or recording
equipment fails or ceases to operate effectively, the human services judge shall take any
steps necessary, including stopping or adjourning the hearing, until the necessary equipment
is present and functioning properly. All reasonable efforts shall be undertaken to prevent
and avoid any delay in the hearing process caused by defective communication or recording
equipment.

Sec. 59.

Minnesota Statutes 2016, section 256.0451, subdivision 19, is amended to read:


Subd. 19.

Developing the record.

The human services judge shall accept all evidence,
except evidence privileged by law, that is commonly accepted by reasonable people in the
conduct of their affairs as having probative value on the issues to be addressed at the hearing.
Except in fair hearings and appeals under section 256.045, subdivision 3, paragraph (a),
clauses (4), deleted text begin(8), anddeleted text end (9), new text begin(10), and (12), new text endin cases involving medical issues such as a diagnosis,
a physician's report, or a review team's decision, the human services judge shall consider
whether it is necessary to have a medical assessment other than that of the individual making
the original decision. When necessary, the human services judge shall require an additional
assessment be obtained at agency expense and made part of the hearing record. The human
services judge shall ensure for all cases that the record is sufficiently complete to make a
fair and accurate decision.

Sec. 60.

Minnesota Statutes 2016, section 256.481, is amended to read:


256.481 DISABLED PERSON; DEFINITION.

For the purposes of sections 256.481 to 256.482 "disabled person" means any person
who:

deleted text begin (a)deleted text endnew text begin (1)new text end has a physical, mental, or emotional impairment which substantially limits one
or more major life activities;

deleted text begin (b)deleted text endnew text begin (2)new text end has a record of such an impairment; or

deleted text begin (c)deleted text endnew text begin (3)new text end is regarded as having such an impairment.

Sec. 61.

Minnesota Statutes 2016, section 256.9741, subdivision 7, is amended to read:


Subd. 7.

Representatives of the office.

"Representatives of the office" means employees
of the office, as well as employees designated as regional deleted text beginombudsmandeleted text endnew text begin ombudsmennew text end and
volunteers designated as certified ombudsman volunteers by the state long-term care
ombudsman.

Sec. 62.

Minnesota Statutes 2016, section 256.9742, subdivision 6, is amended to read:


Subd. 6.

Prohibition against discrimination or retaliation.

(a) No entity shall take
discriminatory, disciplinary, or retaliatory action against the ombudsman, representative of
the office, or a client, or guardian or family member of a client, for filing in good faith a
complaint with or providing information to the ombudsman or representative of the office.
A person who violates this subdivision or who aids, abets, invites, compels, or coerces
another to do so is guilty of a misdemeanor.

(b) There shall be a rebuttable presumption that any adverse action, as defined below,
within 90 days of report, is discriminatory, disciplinary, or retaliatory. For the purpose of
this deleted text beginclausedeleted text endnew text begin paragraphnew text end, the term "adverse action" refers to action taken by the entity involved
in a report against the person making the report or the person with respect to whom the
report was made because of the report, and includes, but is not limited to:

(1) discharge or transfer from a facility;

(2) termination of service;

(3) restriction or prohibition of access to the facility or its residents;

(4) discharge from or termination of employment;

(5) demotion or reduction in remuneration for services; and

(6) any restriction of rights set forth in section 144.651, 144A.44, or 144A.751.

Sec. 63.

Minnesota Statutes 2016, section 256.991, is amended to read:


256.991 RULES.

The commissioner of human services may promulgate rules as necessary to implement
sections 256.01, subdivision 2; 256.82, subdivision 3; deleted text begin256.966, subdivision 1;deleted text end and 261.23.
The commissioner shall promulgate rules to establish standards and criteria for deciding
which medical assistance services require prior authorization and for deciding whether a
second medical opinion is required for an elective surgery. The commissioner shall
promulgate rules as necessary to establish the methods and standards for determining
inappropriate utilization of medical assistance services.

Sec. 64.

Minnesota Statutes 2016, section 256B.02, subdivision 9, is amended to read:


Subd. 9.

Private health care coverage.

"Private health care coverage" means any plan
regulated by chapter 62A, 62C or 64B. Private health care coverage also includes any
self-insured plan providing health care benefits, pharmacy benefit manager, service benefit
plan, managed care organization, and other parties that are by contract legally responsible
for payment of a claim for a health care item or service for an individual receiving medical
benefits under new text beginthis new text endchapter deleted text begin256Bdeleted text end or new text beginchapter new text end256L.

Sec. 65.

Minnesota Statutes 2016, section 256B.059, subdivision 5, is amended to read:


Subd. 5.

Asset availability.

(a) At the time of initial determination of eligibility for
medical assistance benefits for an institutionalized spouse, assets considered available to
the institutionalized spouse shall be the total value of all assets in which either spouse has
an ownership interest, reduced by the amount available to the community spouse under
subdivision 3.

The value of assets transferred for the sole benefit of the community spouse under section
256B.0595, subdivision 4, in combination with other assets available to the community
spouse under this section, cannot exceed the limit for the community spouse asset allowance
determined under subdivision 3 or 4. Assets that exceed this allowance shall be considered
available to the institutionalized spouse. If the community spouse asset allowance has been
increased under subdivision 4, then the assets considered available to the institutionalized
spouse under this subdivision shall be further reduced by the value of additional amounts
allowed under subdivision 4.

(b) An institutionalized spouse may be found eligible for medical assistance even though
assets in excess of the allowable amount are found to be available under paragraph (a) if
the assets are owned jointly or individually by the community spouse, and the institutionalized
spouse cannot use those assets to pay for the cost of care without the consent of the
community spouse, and if:

(i) the institutionalized spouse assigns to the commissioner the right to support from the
community spouse under section 256B.14, subdivision 3;

(ii) the institutionalized spouse lacks the ability to execute an assignment due to a physical
or mental impairment;new text begin or
new text end

(iii) the denial of eligibility would cause an imminent threat to the institutionalized
spouse's health and well-beingdeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (iv) the assets in excess of the amount under paragraph (a) are assets owned by the
community spouse, and the denial of eligibility would cause an undue hardship to the family
due to the loss of retirement funds for the community spouse or funds protected for the
postsecondary education of a child under 25 years of age. For purposes of this clause, only
retirement assets held by the community spouse in a tax-deferred retirement account,
including a defined benefit plan, defined contribution plan, an employer-sponsored individual
retirement arrangement, or individually purchased individual retirement arrangement are
protected, and are only protected until the community spouse is eligible to withdraw
retirement funds from any or all accounts without penalty. For purposes of this clause, only
funds in a plan designated under section 529 of the Internal Revenue Code on behalf of a
child of either or both spouses who is under 25 years of age are protected. There shall not
be an assignment of spousal support to the commissioner or a cause of action against the
individual's spouse under section 256B.14, subdivision 3, for the funds in the protected
retirement and college savings accounts.
deleted text end

(c) After the month in which the institutionalized spouse is determined eligible for
medical assistance, and during the continuous period of enrollment, no assets of the
community spouse are considered available to the institutionalized spouse, unless the
institutionalized spouse has been found eligible under paragraph (b).

(d) Assets determined to be available to the institutionalized spouse under this section
must be used for the health care or personal needs of the institutionalized spouse.

(e) For purposes of this section, assets do not include assets excluded under the
Supplemental Security Income program.

Sec. 66.

Minnesota Statutes 2016, section 256B.059, subdivision 6, is amended to read:


Subd. 6.

Temporary application.

(a) During the period in which rules against spousal
impoverishment are temporarily applied according to section 2404 of the Patient Protection
Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education
Reconciliation Act of 2010, Public Law 111-152, this section applies to an institutionalized
spouse:

(1) applying for home and community-based waivers under sections 256B.092, 256B.093,
and 256B.49 on or after June 1, 2016;

(2) enrolled in home and community-based waivers under sections 256B.092, 256B.093,
and 256B.49 before June 1, 2016; or

(3) applying for services under section 256B.85 upon the effective date of that section.

(b) During the applicable period of paragraph (a), the definition of "institutionalized
spouse" in subdivision 1, paragraph deleted text begin(f)deleted text endnew text begin (e)new text end, also includes an institutionalized spouse
referenced in paragraph (a).

Sec. 67.

Minnesota Statutes 2016, section 256B.0622, subdivision 7b, is amended to read:


Subd. 7b.

Assertive community treatment program size and opportunities.

(a) Each
ACT team shall maintain an annual average caseload that does not exceed 100 clients.
Staff-to-client ratios shall be based on team size as follows:

(1) a small ACT team must:

(i) employ at least six but no more than seven full-time treatment team staff, excluding
the program assistant and the psychiatric care provider;

(ii) serve an annual average maximum of no more than 50 clients;

(iii) ensure at least one full-time equivalent position for every eight clients served;

(iv) schedule ACT team staff for at least eight-hour shift coverage on weekdays and
on-call duty to provide crisis services and deliver services after hours when staff are not
working;

(v) provide crisis services during business hours if the small ACT team does not have
sufficient staff numbers to operate an after-hours on-call system. During all other hours,
the ACT team may arrange for coverage for crisis assessment and intervention services
through a reliable crisis-intervention provider as long as there is a mechanism by which the
ACT team communicates routinely with the crisis-intervention provider and the on-call
ACT team staff are available to see clients face-to-face when necessary or if requested by
the crisis-intervention services provider;

(vi) adjust schedules and provide staff to carry out the needed service activities in the
evenings or on weekend days or holidays, when necessary;

(vii) arrange for and provide psychiatric backup during all hours the psychiatric care
provider is not regularly scheduled to work. If availability of the ACT team's psychiatric
care provider during all hours is not feasible, alternative psychiatric prescriber backup must
be arranged and a mechanism of timely communication and coordination established in
writing;new text begin and
new text end

(viii) be composed of, at minimum, one full-time team leader, at least 16 hours each
week per 50 clients of psychiatric provider time, or equivalent if fewer clients, one full-time
equivalent nursing, one full-time substance abuse specialist, one full-time equivalent mental
health certified peer specialist, one full-time vocational specialist, one full-time program
assistant, and at least one additional full-time ACT team member who has mental health
professional or practitioner status; and

(2) a midsize ACT team shall:

(i) be composed of, at minimum, one full-time team leader, at least 16 hours of psychiatry
time for 51 clients, with an additional two hours for every six clients added to the team, 1.5
to two full-time equivalent nursing staff, one full-time substance abuse specialist, one
full-time equivalent mental health certified peer specialist, one full-time vocational specialist,
one full-time program assistant, and at least 1.5 to two additional full-time equivalent ACT
members, with at least one dedicated full-time staff member with mental health professional
status. Remaining team members may have mental health professional or practitioner status;

(ii) employ seven or more treatment team full-time equivalents, excluding the program
assistant and the psychiatric care provider;

(iii) serve an annual average maximum caseload of 51 to 74 clients;

(iv) ensure at least one full-time equivalent position for every nine clients served;

(v) schedule ACT team staff for a minimum of ten-hour shift coverage on weekdays
and six- to eight-hour shift coverage on weekends and holidays. In addition to these minimum
specifications, staff are regularly scheduled to provide the necessary services on a
client-by-client basis in the evenings and on weekends and holidays;

(vi) schedule ACT team staff on-call duty to provide crisis services and deliver services
when staff are not working;

(vii) have the authority to arrange for coverage for crisis assessment and intervention
services through a reliable crisis-intervention provider as long as there is a mechanism by
which the ACT team communicates routinely with the crisis-intervention provider and the
on-call ACT team staff are available to see clients face-to-face when necessary or if requested
by the crisis-intervention services provider; and

(viii) arrange for and provide psychiatric backup during all hours the psychiatric care
provider is not regularly scheduled to work. If availability of the psychiatric care provider
during all hours is not feasible, alternative psychiatric prescriber backup must be arranged
and a mechanism of timely communication and coordination established in writing;

(3) a large ACT team must:

(i) be composed of, at minimum, one full-time team leader, at least 32 hours each week
per 100 clients, or equivalent of psychiatry time, three full-time equivalent nursing staff,
one full-time substance abuse specialist, one full-time equivalent mental health certified
peer specialist, one full-time vocational specialist, one full-time program assistant, and at
least two additional full-time equivalent ACT team members, with at least one dedicated
full-time staff member with mental health professional status. Remaining team members
may have mental health professional or mental health practitioner status;

(ii) employ nine or more treatment team full-time equivalents, excluding the program
assistant and psychiatric care provider;

(iii) serve an annual average maximum caseload of 75 to 100 clients;

(iv) ensure at least one full-time equivalent position for every nine individuals served;

(v) schedule staff to work two eight-hour shifts, with a minimum of two staff on the
second shift providing services at least 12 hours per day weekdays. For weekends and
holidays, the team must operate and schedule ACT team staff to work one eight-hour shift,
with a minimum of two staff each weekend day and every holiday;

(vi) schedule ACT team staff on-call duty to provide crisis services and deliver services
when staff are not working; and

(vii) arrange for and provide psychiatric backup during all hours the psychiatric care
provider is not regularly scheduled to work. If availability of the ACT team psychiatric care
provider during all hours is not feasible, alternative psychiatric backup must be arranged
and a mechanism of timely communication and coordination established in writing.

(b) An ACT team of any size may have a staff-to-client ratio that is lower than the
requirements described in paragraph (a) upon approval by the commissioner, but may not
exceed a one-to-ten staff-to-client ratio.

Sec. 68.

Minnesota Statutes 2016, section 256B.0622, subdivision 7d, is amended to read:


Subd. 7d.

Assertive community treatment assessment and individual treatment
plan.

(a) An initial assessment, including a diagnostic assessment that meets the requirements
of Minnesota Rules, part 9505.0372, subpart 1, and a 30-day treatment plan shall be
completed the day of the client's admission to assertive community treatment by the ACT
team leader or the psychiatric care provider, with participation by designated ACT team
members and the client. The team leader, psychiatric care provider, or other mental health
professional designated by the team leader or psychiatric care provider, must update the
client's diagnostic assessment at least annually.

(b) An initial functional assessment must be completed within ten days of intake and
updated every six months for assertive community treatment, or prior to discharge from the
service, whichever comes first.

(c) Within 30 days of the client's assertive community treatment admission, the ACT
team shall complete an in-depth assessment of the domains listed under section 245.462,
subdivision 11a
.

(d) Each part of the in-depth assessment areas shall be completed by each respective
team specialist or an ACT team member with skill and knowledge in the area being assessed.
The assessments are based upon all available information, including that from client interview
family and identified natural supports, and written summaries from other agencies, including
police, courts, county social service agencies, outpatient facilities, and inpatient facilities,
where applicable.

(e) Between 30 and 45 days after the client's admission to assertive community treatment,
the entire ACT team must hold a comprehensive case conference, where all team members,
including the psychiatric provider, present information discovered from the completed
in-depth assessments and provide treatment recommendations. The conference must serve
as the basis for the first six-month treatment plan, which must be written by the primary
team member.

(f) The client's psychiatric care provider, primary team member, and individual treatment
team members shall assume responsibility for preparing the written narrative of the results
from the psychiatric and social functioning history timeline and the comprehensive
assessment.

(g) The primary team member and individual treatment team members shall be assigned
by the team leader in collaboration with the psychiatric care provider by the time of the first
treatment planning meeting or 30 days after admission, whichever occurs first.

(h) Individual treatment plans must be developed through the following treatment
planning process:

(1) The individual treatment plan shall be developed in collaboration with the client and
the client's preferred natural supports, and guardian, if applicable and appropriate. The ACT
team shall evaluate, together with each client, the client's needs, strengths, and preferences
and develop the individual treatment plan collaboratively. The ACT team shall make every
effort to ensure that the client and the client's family and natural supports, with the client's
consent, are in attendance at the treatment planning meeting, are involved in ongoing
meetings related to treatment, and have the necessary supports to fully participate. The
client's participation in the development of the individual treatment plan shall be documented.

(2) The client and the ACT team shall work together to formulate and prioritize the
issues, set goals, research approaches and interventions, and establish the plan. The plan is
individually tailored so that the treatment, rehabilitation, and support approaches and
interventions achieve optimum symptom reduction, help fulfill the personal needs and
aspirations of the client, take into account the cultural beliefs and realities of the individual,
and improve all the aspects of psychosocial functioning that are important to the client. The
process supports strengths, rehabilitation, and recovery.

(3) Each client's individual treatment plan shall identify service needs, strengths and
capacities, and barriers, and set specific and measurable short- and long-term goals for each
service need. The individual treatment plan must clearly specify the approaches and
interventions necessary for the client to achieve the individual goals, when the interventions
shall happen, and identify which ACT team member shall carry out the approaches and
interventions.

(4) The primary team member and the individual treatment team, together with the client
and the client's family and natural supports with the client's consent, are responsible for
reviewing and rewriting the treatment goals and individual treatment plan whenever there
is a major decision point in the client's course of treatment or at least every six months.

(5) The primary team member shall prepare a summary that thoroughly describes in
writing the client's and the individual treatment team's evaluation of the client's progress
and goal attainment, the effectiveness of the interventions, and the satisfaction with services
since the last individual treatment plan. The client's most recent diagnostic assessment must
be included with the treatment plan summary.

(6) The individual treatment plan and review must be signed or acknowledged by the
client, the primary team member, deleted text beginindividual treatment team members,deleted text end the team leader, the
psychiatric care provider, and all individual treatment team members. A copy of the signed
individual treatment plan is made available to the client.

Sec. 69.

Minnesota Statutes 2016, section 256B.0911, subdivision 4d, is amended to read:


Subd. 4d.

Preadmission screening of individuals under 65 years of age.

(a) It is the
policy of the state of Minnesota to ensure that individuals with disabilities or chronic illness
are served in the most integrated setting appropriate to their needs and have the necessary
information to make informed choices about home and community-based service options.

(b) Individuals under 65 years of age who are admitted to a Medicaid-certified nursing
facility must be screened prior to admission according to the requirements outlined in section
256.975, subdivisions 7a to 7c. This shall be provided by the Senior LinkAge Line as
required under section 256.975, subdivision 7.

(c) Individuals under 65 years of age who are admitted to nursing facilities with only a
telephone screening must receive a face-to-face assessment from the long-term care
consultation team member of the county in which the facility is located or from the recipient's
county case manager within 40 calendar days of admission.

(d) At the face-to-face assessment, the long-term care consultation team member or
county case manager must perform the activities required under subdivision 3b.

(e) For individuals under 21 years of age, a screening interview which recommends
nursing facility admission must be face-to-face and approved by the commissioner before
the individual is admitted to the nursing facility.

(f) In the event that an individual under 65 years of age is admitted to a nursing facility
on an emergency basis, the Senior LinkAge Line must be notified of the admission on the
next working day, and a face-to-face assessment as described in paragraph (c) must be
conducted within 40 calendar days of admission.

(g) At the face-to-face assessment, the long-term care consultation team member or the
case manager must present information about home and community-based options, including
consumer-directed options, so the individual can make informed choices. If the individual
chooses home and community-based services, the long-term care consultation team member
or case manager must complete a written relocation plan within 20 working days of the
visit. The plan shall describe the services needed to move out of the facility and a time line
for the move which is designed to ensure a smooth transition to the individual's home and
community.

(h) An individual under 65 years of age residing in a nursing facility shall receive a
face-to-face assessment at least every 12 months to review the person's service choices and
available alternatives unless the individual indicates, in writing, that annual visits are not
desired. In this case, the individual must receive a face-to-face assessment at least once
every 36 months for the same purposes.

(i) Notwithstanding the provisions of subdivision 6, the commissioner may pay county
agencies directly for face-to-face assessments for individuals under 65 years of age who
are being considered for placement or residing in a nursing facility.

(j) Funding for preadmission screening follow-up shall be provided to the Disability
Linkage Line for the under-60 population by the Department of Human Services to cover
options counseling salaries and expenses to provide the services described in subdivisions
7a to 7c. The Disability Linkage Line shall employ, or contract with other agencies to
employ, within the limits of available funding, sufficient personnel to provide preadmission
screening follow-up services and shall seek to maximize federal funding for the service as
provided under section 256.01, subdivision 2, paragraph deleted text begin(dd)deleted text endnew text begin (aa)new text end.

Sec. 70.

Minnesota Statutes 2016, section 256B.0911, subdivision 6, is amended to read:


Subd. 6.

Payment for long-term care consultation services.

(a) Until September 30,
2013, payment for long-term care consultation face-to-face assessment shall be made as
described in this subdivision.

(b) The total payment for each county must be paid monthly by certified nursing facilities
in the county. The monthly amount to be paid by each nursing facility for each fiscal year
must be determined by dividing the county's annual allocation for long-term care consultation
services by 12 to determine the monthly payment and allocating the monthly payment to
each nursing facility based on the number of licensed beds in the nursing facility. Payments
to counties in which there is no certified nursing facility must be made by increasing the
payment rate of the two facilities located nearest to the county seat.

(c) The commissioner shall include the total annual payment determined under paragraph
(b) for each nursing facility reimbursed under section 256B.431, 256B.434, or deleted text begin256B.441deleted text endnew text begin
chapter 256R
new text end.

(d) In the event of the layaway, delicensure and decertification, or removal from layaway
of 25 percent or more of the beds in a facility, the commissioner may adjust the per diem
payment amount in paragraph (c) and may adjust the monthly payment amount in paragraph
(b). The effective date of an adjustment made under this paragraph shall be on or after the
first day of the month following the effective date of the layaway, delicensure and
decertification, or removal from layaway.

(e) Payments for long-term care consultation services are available to the county or
counties to cover staff salaries and expenses to provide the services described in subdivision
1a. The county shall employ, or contract with other agencies to employ, within the limits
of available funding, sufficient personnel to provide long-term care consultation services
while meeting the state's long-term care outcomes and objectives as defined in subdivision
1. The county shall be accountable for meeting local objectives as approved by the
commissioner in the biennial home and community-based services quality assurance plan
on a form provided by the commissioner.

(f) Notwithstanding section 256B.0641, overpayments attributable to payment of the
screening costs under the medical assistance program may not be recovered from a facility.

(g) The commissioner of human services shall amend the Minnesota medical assistance
plan to include reimbursement for the local consultation teams.

(h) Until the alternative payment methodology in paragraph (i) is implemented, the
county may bill, as case management services, assessments, support planning, and
follow-along provided to persons determined to be eligible for case management under
Minnesota health care programs. No individual or family member shall be charged for an
initial assessment or initial support plan development provided under subdivision 3a or 3b.

(i) The commissioner shall develop an alternative payment methodology, effective on
October 1, 2013, for long-term care consultation services that includes the funding available
under this subdivision, and for assessments authorized under sections 256B.092 and
256B.0659. In developing the new payment methodology, the commissioner shall consider
the maximization of other funding sources, including federal administrative reimbursement
through federal financial participation funding, for all long-term care consultation activity.
The alternative payment methodology shall include the use of the appropriate time studies
and the state financing of nonfederal share as part of the state's medical assistance program.

Sec. 71.

Minnesota Statutes 2016, section 256B.25, subdivision 3, is amended to read:


Subd. 3.

Payment exceptions.

The limitation in subdivision 2 shall not apply to:

deleted text begin (a)deleted text endnew text begin (1)new text end payment of Minnesota supplemental assistance funds to recipients who reside in
facilities which are involved in litigation contesting their designation as an institution for
treatment of mental disease;

deleted text begin (b)deleted text endnew text begin (2)new text end payment or grants to a boarding care home or supervised living facility licensed
by the Department of Human Services under Minnesota Rules, parts 2960.0130 to 2960.0220
or 2960.0580 to 2960.0700, 9520.0500 to 9520.0670, or 9530.6405 to 9530.6505, or payment
to recipients who reside in these facilities;

deleted text begin (c)deleted text endnew text begin (3)new text end payments or grants to a boarding care home or supervised living facility which
are ineligible for certification under United States Code, title 42, sections 1396-1396p;

deleted text begin (d)deleted text endnew text begin (4)new text end payments or grants otherwise specifically authorized by statute or rule.

Sec. 72.

Minnesota Statutes 2016, section 256B.35, subdivision 4, is amended to read:


Subd. 4.

Field audits required.

The commissioner of human services shall conduct
field audits at the same time as cost report audits required under section deleted text begin256B.27, subdivision
2a
deleted text endnew text begin 256R.13new text end, and at any other time but at least once every four years, without notice, to
determine whether this section was complied with and that the funds provided residents for
their personal needs were actually expended for that purpose.

Sec. 73.

Minnesota Statutes 2016, section 256B.421, subdivision 1, is amended to read:


Subdivision 1.

Scope.

For the purposes of this section and sections 256B.431, 256B.434,
256B.48, 256B.50, and 256B.502, the following deleted text beginterms and phrasesdeleted text endnew text begin termnew text end shall have the
meaning given to deleted text beginthemdeleted text endnew text begin itnew text end.

Sec. 74.

Minnesota Statutes 2016, section 256B.50, subdivision 1, is amended to read:


Subdivision 1.

Scope.

A provider may appeal from a determination of a payment rate
established pursuant to this chapter or allowed costs under deleted text beginsection 256B.441deleted text endnew text begin chapter 256Rnew text end
if the appeal, if successful, would result in a change to the provider's payment rate or to the
calculation of maximum charges to therapy vendors as provided by section deleted text begin256B.433,
subdivision 3
deleted text endnew text begin 256R.54new text end. Appeals must be filed in accordance with procedures in this section.
This section does not apply to a request from a resident or long-term care facility for
reconsideration of the classification of a resident under section 144.0722.

Sec. 75.

Minnesota Statutes 2016, section 256B.50, subdivision 1c, is amended to read:


Subd. 1c.

Contested case procedures appeals review process.

(a) Effective for desk
audit appeals for rate years beginning on or after July 1, 1997, and for field audit appeals
filed on or after that date, the commissioner shall review appeals and issue a written appeal
determination on each appealed item within one year of the due date of the appeal. Upon
mutual agreement, the commissioner and the provider may extend the time for issuing a
determination for a specified period. The commissioner shall notify the provider by first
class mail of the appeal determination. The appeal determination takes effect 30 days
following the date of issuance specified in the determination.

(b) In reviewing the appeal, the commissioner may request additional written or oral
information from the provider. The provider has the right to present information by telephone,
in writing, or in person concerning the appeal to the commissioner prior to the issuance of
the appeal determination within six months of the date the appeal was received by the
commissioner. Written requests for conferences must be submitted separately from the
appeal letter. Statements made during the review process are not admissible in a contested
case hearing absent an express stipulation by the parties to the contested case.

(c) For an appeal item on which the provider disagrees with the appeal determination,
the provider may file with the commissioner a written demand for a contested case hearing
to determine the proper resolution of specified appeal items. The demand must be postmarked
or received by the commissioner within 30 days of the date of issuance specified in the
determination. A contested case demand for an appeal item nullifies the written appeal
determination issued by the commissioner for that appeal item. The commissioner shall
refer any contested case demand to the Office of the Attorney General.

(d) A contested case hearing must be heard by an administrative law judge according
to sections 14.48 to 14.56. In any proceeding under this section, the appealing party must
demonstrate by a preponderance of the evidence that the determination of a payment rate
is incorrect.

(e) Regardless of any rate appeal, the rate established must be the rate paid and must
remain in effect until final resolution of the appeal or subsequent desk or field audit
adjustment.

(f) To challenge the validity of rules established by the commissioner pursuant to this
section and sections deleted text begin256B.41,deleted text end 256B.421, 256B.431, deleted text begin256B.47,deleted text end 256B.48, 256B.501, deleted text beginanddeleted text end
256B.502,new text begin 256R.01, 256R.06, 256R.11, and 256R.12,new text end a provider shall comply with section
14.44.

(g) The commissioner has discretion to issue to the provider a proposed resolution for
specified appeal items upon a request from the provider filed separately from the notice of
appeal. The proposed resolution is final upon written acceptance by the provider within 30
days of the date the proposed resolution was mailed to or personally received by the provider,
whichever is earlier.

(h) The commissioner may use the procedures described in this subdivision to resolve
appeals filed prior to July 1, 1997.

Sec. 76.

Minnesota Statutes 2016, section 256B.501, subdivision 3i, is amended to read:


Subd. 3i.

Scope.

deleted text beginSubdivisions 3a to 3e and 3h dodeleted text endnew text begin Subdivision 3c doesnew text end not apply to
facilities whose payment rates are governed by Minnesota Rules, part 9553.0075.

Sec. 77.

Minnesota Statutes 2016, section 256B.501, subdivision 4b, is amended to read:


Subd. 4b.

Waiver rates and group residential housing rates.

The average daily
reimbursement rates established by the commissioner for waivered services shall be adjusted
to include the additional costs of services eligible for waiver funding under title XIX of the
Social Security Act and for which there is no group residential housing payment available
deleted text begin as a result of the payment limitations set forth in section 256I.05, subdivision 10deleted text end. The
adjustment to the waiver rates shall be based on county reports of service costs that are no
longer eligible for group residential housing payments. No adjustment shall be made for
any amount of reported payments that prior to July 1, 1992, exceeded the group residential
housing rate limits established in section 256I.05 and were reimbursed through county
funds.

Sec. 78.

Minnesota Statutes 2016, section 256B.692, subdivision 6, is amended to read:


Subd. 6.

Commissioner's authority.

The commissioner may:

(1) reject any preliminary or final proposal that:

deleted text begin (a)deleted text endnew text begin (i)new text end substantially fails to meet the requirements of this section, or

deleted text begin (b)deleted text endnew text begin (ii)new text end that the commissioner determines would substantially impair the state's ability
to purchase health care services in other areas of the state, or

deleted text begin (c)deleted text endnew text begin (iii)new text end would substantially impair an enrollee's choice of care systems when reasonable
choice is possible, or

deleted text begin (d)deleted text endnew text begin (iv)new text end would substantially impair the implementation and operation of the Minnesota
senior health options demonstration project authorized under section 256B.69, subdivision
23
; and

(2) assume operation of a county's purchasing of health care for enrollees in medical
assistance in the event that the contract with the county is terminated.

Sec. 79.

Minnesota Statutes 2016, section 256B.76, subdivision 1, is amended to read:


Subdivision 1.

Physician reimbursement.

(a) Effective for services rendered on or after
October 1, 1992, the commissioner shall make payments for physician services as follows:

(1) payment for level one Centers for Medicare and Medicaid Services' common
procedural coding system codes titled "office and other outpatient services," "preventive
medicine new and established patient," "delivery, antepartum, and postpartum care," "critical
care," cesarean delivery and pharmacologic management provided to psychiatric patients,
and level three codes for enhanced services for prenatal high risk, shall be paid at the lower
of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992deleted text begin. If the
rate on any procedure code within these categories is different than the rate that would have
been paid under the methodology in section 256B.74, subdivision 2, then the larger rate
shall be paid
deleted text end;

(2) payments for all other services shall be paid at the lower of (i) submitted charges,
or (ii) 15.4 percent above the rate in effect on June 30, 1992; and

(3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above increases
except that payment rates for home health agency services shall be the rates in effect on
September 30, 1992.

(b) Effective for services rendered on or after January 1, 2000, payment rates for physician
and professional services shall be increased by three percent over the rates in effect on
December 31, 1999, except for home health agency and family planning agency services.
The increases in this paragraph shall be implemented January 1, 2000, for managed care.

(c) Effective for services rendered on or after July 1, 2009, payment rates for physician
and professional services shall be reduced by five percent, except that for the period July
1, 2009, through June 30, 2010, payment rates shall be reduced by 6.5 percent for the medical
assistance and general assistance medical care programs, over the rates in effect on June
30, 2009. This reduction and the reductions in paragraph (d) do not apply to office or other
outpatient visits, preventive medicine visits and family planning visits billed by physicians,
advanced practice nurses, or physician assistants in a family planning agency or in one of
the following primary care practices: general practice, general internal medicine, general
pediatrics, general geriatrics, and family medicine. This reduction and the reductions in
paragraph (d) do not apply to federally qualified health centers, rural health centers, and
Indian health services. Effective October 1, 2009, payments made to managed care plans
and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall
reflect the payment reduction described in this paragraph.

(d) Effective for services rendered on or after July 1, 2010, payment rates for physician
and professional services shall be reduced an additional seven percent over the five percent
reduction in rates described in paragraph (c). This additional reduction does not apply to
physical therapy services, occupational therapy services, and speech pathology and related
services provided on or after July 1, 2010. This additional reduction does not apply to
physician services billed by a psychiatrist or an advanced practice nurse with a specialty in
mental health. Effective October 1, 2010, payments made to managed care plans and
county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect
the payment reduction described in this paragraph.

(e) Effective for services rendered on or after September 1, 2011, through June 30, 2013,
payment rates for physician and professional services shall be reduced three percent from
the rates in effect on August 31, 2011. This reduction does not apply to physical therapy
services, occupational therapy services, and speech pathology and related services.

(f) Effective for services rendered on or after September 1, 2014, payment rates for
physician and professional services, including physical therapy, occupational therapy, speech
pathology, and mental health services shall be increased by five percent from the rates in
effect on August 31, 2014. In calculating this rate increase, the commissioner shall not
include in the base rate for August 31, 2014, the rate increase provided under section
256B.76, subdivision 7. This increase does not apply to federally qualified health centers,
rural health centers, and Indian health services. Payments made to managed care plans and
county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.

(g) Effective for services rendered on or after July 1, 2015, payment rates for physical
therapy, occupational therapy, and speech pathology and related services provided by a
hospital meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause
(4), shall be increased by 90 percent from the rates in effect on June 30, 2015. Payments
made to managed care plans and county-based purchasing plans shall not be adjusted to
reflect payments under this paragraph.

Sec. 80.

Minnesota Statutes 2016, section 256B.78, is amended to read:


256B.78 DEMONSTRATION PROJECT FOR FAMILY PLANNING SERVICES.

(a) The commissioner of human services shall establish a medical assistance
demonstration project to determine whether improved access to coverage of prepregnancy
family planning services reduces medical assistance and MFIP costs.

(b) deleted text beginThis section is effective upon federal approval of the demonstration project.deleted text endnew text begin To be
eligible for the medical assistance demonstration project, an individual must have family
income at or below 200 percent of the federal poverty guidelines, except that for an individual
under age 21, only the income of the individual must be considered in determining eligibility.
Services under this program must be available on a presumptive eligibility basis.
new text end

Sec. 81.

Minnesota Statutes 2016, section 256D.03, subdivision 2a, is amended to read:


Subd. 2a.

County agency options.

Any county agency may, from its own resources,
make payments of general assistance: deleted text begin(a)deleted text endnew text begin (1)new text end at a standard higher than that established by
the commissioner without reference to the standards of section 256D.01, subdivision 1; or
deleted text begin (b)deleted text endnew text begin (2)new text end to persons not meeting the eligibility standards set forth in section 256D.05,
subdivision 1
, but for whom the aid would further the purposes established in the general
assistance program according to rules adopted by the commissioner according to the
Administrative Procedure Act. The Minnesota Department of Human Services may maintain
client records and issue these payments, providing the cost of benefits is paid by the counties
to the Department of Human Services according to section 256.01.

Sec. 82.

Minnesota Statutes 2016, section 256D.04, is amended to read:


256D.04 DUTIES OF THE COMMISSIONER.

In addition to any other duties imposed by law, the commissioner shall:

(1) supervise according to section 256.01 the administration of general assistance by
county agencies as provided in sections 256D.01 to 256D.21;

(2) promulgate uniform rules consistent with law for carrying out and enforcing the
provisions of sections 256D.01 to 256D.21deleted text begin, including section 256.01, subdivision 2,
paragraph (p),
deleted text end to the end that general assistance may be administered as uniformly as possible
throughout the state; rules shall be furnished immediately to all county agencies and other
interested persons; in promulgating rules, the provisions of sections 14.001 to 14.69, shall
apply;

(3) allocate money appropriated for general assistance to county agencies as provided
in section 256D.03, subdivision 2;

(4) accept and supervise the disbursement of any funds that may be provided by the
federal government or from other sources for use in this state for general assistance;

(5) cooperate with other agencies including any agency of the United States or of another
state in all matters concerning the powers and duties of the commissioner under sections
256D.01 to 256D.21;

(6) cooperate to the fullest extent with other public agencies empowered by law to
provide vocational training, rehabilitation, or similar services;

(7) gather and study current information and report at least annually to the governor on
the nature and need for general assistance, the amounts expended under the supervision of
each county agency, and the activities of each county agency and publish such reports for
the information of the public;

(8) specify requirements for general assistance reports, including fiscal reports, according
to section 256.01, subdivision 2, paragraph (p); and

(9) ensure that every notice of eligibility for general assistance includes a notice that
women who are pregnant may be eligible for medical assistance benefits.

Sec. 83.

Minnesota Statutes 2016, section 256D.05, subdivision 1, is amended to read:


Subdivision 1.

Eligibility.

(a) Each assistance unit with income and resources less than
the standard of assistance established by the commissioner and with a member who is a
resident of the state shall be eligible for and entitled to general assistance if the assistance
unit is:

(1) a person who is suffering from a professionally certified permanent or temporary
illness, injury, or incapacity which is expected to continue for more than 45 days and which
prevents the person from obtaining or retaining employment;

(2) a person whose presence in the home on a substantially continuous basis is required
because of the professionally certified illness, injury, incapacity, or the age of another
member of the household;

(3) a person who has been placed in, and is residing in, a licensed or certified facility
for purposes of physical or mental health or rehabilitation, or in an approved chemical
dependency domiciliary facility, if the placement is based on illness or incapacity and is
according to a plan developed or approved by the county agency through its director or
designated representative;

deleted text begin (4) a person who resides in a shelter facility described in subdivision 3;
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end a person not described in clause (1) or (3) who is diagnosed by a licensed
physician, psychological practitioner, or other qualified professional, as developmentally
disabled or mentally ill, and that condition prevents the person from obtaining or retaining
employment;

deleted text begin (6)deleted text endnew text begin (5)new text end a person who has an application pending for, or is appealing termination of
benefits from, the Social Security disability program or the program of Supplemental Security
Income for the aged, blind, and disabled, provided the person has a professionally certified
permanent or temporary illness, injury, or incapacity which is expected to continue for more
than 30 days and which prevents the person from obtaining or retaining employment;

deleted text begin (7)deleted text endnew text begin (6)new text end a person who is unable to obtain or retain employment because advanced age
significantly affects the person's ability to seek or engage in substantial work;

deleted text begin (8)deleted text endnew text begin (7)new text end a person who has been assessed by a vocational specialist and, in consultation
with the county agency, has been determined to be unemployable for purposes of this clause;
a person is considered employable if there exist positions of employment in the local labor
market, regardless of the current availability of openings for those positions, that the person
is capable of performing. The person's eligibility under this category must be reassessed at
least annually. The county agency must provide notice to the person not later than 30 days
before annual eligibility under this item ends, informing the person of the date annual
eligibility will end and the need for vocational assessment if the person wishes to continue
eligibility under this clause. For purposes of establishing eligibility under this clause, it is
the applicant's or recipient's duty to obtain any needed vocational assessment;

deleted text begin (9)deleted text endnew text begin (8)new text end a person who is determined by the county agency, according to permanent rules
adopted by the commissioner, to have a condition that qualifies under Minnesota's special
education rules as a specific learning disability, provided that a rehabilitation plan for the
person is developed or approved by the county agency, and the person is following the plan;

deleted text begin (10)deleted text endnew text begin (9)new text end a child under the age of 18 who is not living with a parent, stepparent, or legal
custodian, and only if: the child is legally emancipated or living with an adult with the
consent of an agency acting as a legal custodian; the child is at least 16 years of age and the
general assistance grant is approved by the director of the county agency or a designated
representative as a component of a social services case plan for the child; or the child is
living with an adult with the consent of the child's legal custodian and the county agency.
For purposes of this clause, "legally emancipated" means a person under the age of 18 years
who: (i) has been married; (ii) is on active duty in the uniformed services of the United
States; (iii) has been emancipated by a court of competent jurisdiction; or (iv) is otherwise
considered emancipated under Minnesota law, and for whom county social services has not
determined that a social services case plan is necessary, for reasons other than the child has
failed or refuses to cooperate with the county agency in developing the plan;

deleted text begin (11)deleted text endnew text begin (10)new text end a person who is eligible for displaced homemaker services, programs, or
assistance under section 116L.96, but only if that person is enrolled as a full-time student;

deleted text begin (12)deleted text endnew text begin (11)new text end a person who is involved with protective or court-ordered services that prevent
the applicant or recipient from working at least four hours per day;

deleted text begin (13)deleted text endnew text begin (12)new text end a person over age 18 whose primary language is not English and who is
attending high school at least half time; or

deleted text begin (14)deleted text endnew text begin (13)new text end a person whose alcohol and drug addiction is a material factor that contributes
to the person's disability; applicants who assert this clause as a basis for eligibility must be
assessed by the county agency to determine if they are amenable to treatment; if the applicant
is determined to be not amenable to treatment, but is otherwise eligible for benefits, then
general assistance must be paid in vendor form, for the individual's shelter costs up to the
limit of the grant amount, with the residual, if any, paid according to section 256D.09,
subdivision 2a
; if the applicant is determined to be amenable to treatment, then in order to
receive benefits, the applicant must be in a treatment program or on a waiting list and the
benefits must be paid in vendor form, for the individual's shelter costs, up to the limit of
the grant amount, with the residual, if any, paid according to section 256D.09, subdivision
2a
.

(b) As a condition of eligibility under paragraph (a), clauses (1), (3), deleted text begin(5)deleted text endnew text begin (4)new text end, deleted text begin(8)deleted text endnew text begin (7)new text end, and
deleted text begin (9)deleted text endnew text begin (8)new text end, the recipient must complete an interim assistance agreement and must apply for
other maintenance benefits as specified in section 256D.06, subdivision 5, and must comply
with efforts to determine the recipient's eligibility for those other maintenance benefits.

(c) The burden of providing documentation for a county agency to use to verify eligibility
for general assistance or for exemption from the food stamp employment and training
program is upon the applicant or recipient. The county agency shall use documents already
in its possession to verify eligibility, and shall help the applicant or recipient obtain other
existing verification necessary to determine eligibility which the applicant or recipient does
not have and is unable to obtain.

Sec. 84.

Minnesota Statutes 2016, section 256D.44, subdivision 5, is amended to read:


Subd. 5.

Special needs.

In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed diets if
the cost of those additional dietary needs cannot be met through some other maintenance
benefit. The need for special diets or dietary items must be prescribed by a licensed physician.
Costs for special diets shall be determined as percentages of the allotment for a one-person
household under the thrifty food plan as defined by the United States Department of
Agriculture. The types of diets and the percentages of the thrifty food plan that are covered
are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent of
thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125 percent
of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home repairs
or necessary repairs or replacement of household furniture and appliances using the payment
standard of the AFDC program in effect on July 16, 1996, for these expenses, as long as
other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate negotiated
by the county or approved by the court. This rate shall not exceed five percent of the
assistance unit's gross monthly income up to a maximum of $100 per month. If the guardian
or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for restaurant
meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and
who eats two or more meals in a restaurant daily. The allowance must continue until the
person has not received Minnesota supplemental aid for one full calendar month or until
the person's living arrangement changes and the person no longer meets the criteria for the
restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, is
allowed for representative payee services provided by an agency that meets the requirements
under SSI regulations to charge a fee for representative payee services. This special need
is available to all recipients of Minnesota supplemental aid regardless of their living
arrangement.

(f)(1) Notwithstanding the language in this subdivision, an amount equal to the maximum
allotment authorized by the federal Food Stamp Program for a single individual which is
in effect on the first day of July of each year will be added to the standards of assistance
established in subdivisions 1 to 4 for adults under the age of 65 who qualify as shelter needy
and are: (i) relocating from an institution, or an adult mental health residential treatment
program under section 256B.0622; or (ii) home and community-based waiver recipients
living in their own home or rented or leased apartment deleted text beginwhich is not owned, operated, or
controlled by a provider of service not related by blood or marriage, unless allowed under
paragraph (g)
deleted text end.

(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the shelter
needy benefit under this paragraph is considered a household of one. An eligible individual
who receives this benefit prior to age 65 may continue to receive the benefit after the age
of 65.

(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that exceed
40 percent of the assistance unit's gross income before the application of this special needs
standard. "Gross income" for the purposes of this section is the applicant's or recipient's
income as defined in section 256D.35, subdivision 10, or the standard specified in subdivision
3, paragraph (a) or (b), whichever is greater. A recipient of a federal or state housing subsidy,
that limits shelter costs to a percentage of gross income, shall not be considered shelter
needy for purposes of this paragraph.

deleted text begin (g) Notwithstanding this subdivision, to access housing and services as provided in
paragraph (f), the recipient may choose housing that may be owned, operated, or controlled
by the recipient's service provider. When housing is controlled by the service provider, the
individual may choose the individual's own service provider as provided in section 256B.49,
subdivision 23
, clause (3). When the housing is controlled by the service provider, the
service provider shall implement a plan with the recipient to transition the lease to the
recipient's name. Within two years of signing the initial lease, the service provider shall
transfer the lease entered into under this subdivision to the recipient. In the event the landlord
denies this transfer, the commissioner may approve an exception within sufficient time to
ensure the continued occupancy by the recipient. This paragraph expires June 30, 2016.
deleted text end

Sec. 85.

Minnesota Statutes 2016, section 256J.01, subdivision 3, is amended to read:


Subd. 3.

Relationship to other statutes and rules.

MFIP-S replaces eligibility for
families with children and pregnant women under the general assistance program, governed
by sections 256D.01 to 256D.21 and Minnesota Rules, parts 9500.1200 to deleted text begin9500.1270deleted text endnew text begin
9500.1261
new text end.

Sec. 86.

Minnesota Statutes 2016, section 256J.21, subdivision 2, is amended to read:


Subd. 2.

Income exclusions.

The following must be excluded in determining a family's
available income:

(1) payments for basic care, difficulty of care, and clothing allowances received for
providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
to 9555.6265, 9560.0521, and 9560.0650 to deleted text begin9560.0655deleted text endnew text begin 9560.0654new text end, payments for family
foster care for children under section 260C.4411 or chapter 256N, and payments received
and used for care and maintenance of a third-party beneficiary who is not a household
member;

(2) reimbursements for employment training received through the Workforce Investment
Act of 1998, United States Code, title 20, chapter 73, section 9201;

(3) reimbursement for out-of-pocket expenses incurred while performing volunteer
services, jury duty, employment, or informal carpooling arrangements directly related to
employment;

(4) all educational assistance, except the county agency must count graduate student
teaching assistantships, fellowships, and other similar paid work as earned income and,
after allowing deductions for any unmet and necessary educational expenses, shall count
scholarships or grants awarded to graduate students that do not require teaching or research
as unearned income;

(5) loans, regardless of purpose, from public or private lending institutions, governmental
lending institutions, or governmental agencies;

(6) loans from private individuals, regardless of purpose, provided an applicant or
participant documents that the lender expects repayment;

(7)(i) state income tax refunds; and

(ii) federal income tax refunds;

(8)(i) federal earned income credits;

(ii) Minnesota working family credits;

(iii) state homeowners and renters credits under chapter 290A; and

(iv) federal or state tax rebates;

(9) funds received for reimbursement, replacement, or rebate of personal or real property
when these payments are made by public agencies, awarded by a court, solicited through
public appeal, or made as a grant by a federal agency, state or local government, or disaster
assistance organizations, subsequent to a presidential declaration of disaster;

(10) the portion of an insurance settlement that is used to pay medical, funeral, and burial
expenses, or to repair or replace insured property;

(11) reimbursements for medical expenses that cannot be paid by medical assistance;

(12) payments by a vocational rehabilitation program administered by the state under
chapter 268A, except those payments that are for current living expenses;

(13) in-kind income, including any payments directly made by a third party to a provider
of goods and services;

(14) assistance payments to correct underpayments, but only for the month in which the
payment is received;

(15) payments for short-term emergency needs under section 256J.626, subdivision 2;

(16) funeral and cemetery payments as provided by section 256.935;

(17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in a calendar
month;

(18) any form of energy assistance payment made through Public Law 97-35,
Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
providers by other public and private agencies, and any form of credit or rebate payment
issued by energy providers;

(19) Supplemental Security Income (SSI), including retroactive SSI payments and other
income of an SSI recipientdeleted text begin, except as described in section 256J.37, subdivision 3bdeleted text end;

(20) Minnesota supplemental aid, including retroactive payments;

(21) proceeds from the sale of real or personal property;

(22) adoption or kinship assistance payments under chapter 256N or 259A and Minnesota
permanency demonstration title IV-E waiver payments;

(23) state-funded family subsidy program payments made under section 252.32 to help
families care for children with developmental disabilities, consumer support grant funds
under section 256.476, and resources and services for a disabled household member under
one of the home and community-based waiver services programs under chapter 256B;

(24) interest payments and dividends from property that is not excluded from and that
does not exceed the asset limit;

(25) rent rebates;

(26) income earned by a minor caregiver, minor child through age 6, or a minor child
who is at least a half-time student in an approved elementary or secondary education program;

(27) income earned by a caregiver under age 20 who is at least a half-time student in an
approved elementary or secondary education program;

(28) MFIP child care payments under section 119B.05;

(29) all other payments made through MFIP to support a caregiver's pursuit of greater
economic stability;

(30) income a participant receives related to shared living expenses;

(31) reverse mortgages;

(32) benefits provided by the Child Nutrition Act of 1966, United States Code, title 42,
chapter 13A, sections 1771 to 1790;

(33) benefits provided by the women, infants, and children (WIC) nutrition program,
United States Code, title 42, chapter 13A, section 1786;

(34) benefits from the National School Lunch Act, United States Code, title 42, chapter
13, sections 1751 to 1769e;

(35) relocation assistance for displaced persons under the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, United States Code, title 42, chapter
61, subchapter II, section 4636, or the National Housing Act, United States Code, title 12,
chapter 13, sections 1701 to 1750jj;

(36) benefits from the Trade Act of 1974, United States Code, title 19, chapter 12, part
2, sections 2271 to 2322;

(37) war reparations payments to Japanese Americans and Aleuts under United States
Code, title 50, sections 1989 to 1989d;

(38) payments to veterans or their dependents as a result of legal settlements regarding
Agent Orange or other chemical exposure under Public Law 101-239, section 10405,
paragraph (a)(2)(E);

(39) income that is otherwise specifically excluded from MFIP consideration in federal
law, state law, or federal regulation;

(40) security and utility deposit refunds;

(41) American Indian tribal land settlements excluded under Public Laws 98-123, 98-124,
and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech Lake, and
Mille Lacs reservations and payments to members of the White Earth Band, under United
States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;

(42) all income of the minor parent's parents and stepparents when determining the grant
for the minor parent in households that include a minor parent living with parents or
stepparents on MFIP with other children;

(43) income of the minor parent's parents and stepparents equal to 200 percent of the
federal poverty guideline for a family size not including the minor parent and the minor
parent's child in households that include a minor parent living with parents or stepparents
not on MFIP when determining the grant for the minor parent. The remainder of income is
deemed as specified in section 256J.37, subdivision 1b;

(44) payments made to children eligible for relative custody assistance under section
257.85;

(45) vendor payments for goods and services made on behalf of a client unless the client
has the option of receiving the payment in cash;

(46) the principal portion of a contract for deed payment;

(47) cash payments to individuals enrolled for full-time service as a volunteer under
AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
National, and AmeriCorps NCCC;

(48) housing assistance grants under section 256J.35, paragraph (a); and

(49) child support payments of up to $100 for an assistance unit with one child and up
to $200 for an assistance unit with two or more children.

Sec. 87.

Minnesota Statutes 2016, section 256J.515, is amended to read:


256J.515 OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.

During the first meeting with participants, job counselors must ensure that an overview
of employment and training services is provided that:

(1) stresses the necessity and opportunity of immediate employment;

(2) outlines the job search resources offered;

(3) outlines education or training opportunities available;

(4) describes the range of work activities, including activities under section deleted text begin256J.49,
subdivision 13
, clause (18)
deleted text endnew text begin 256J.49, subdivision 13, paragraph (a)new text end, that are allowable under
MFIP to meet the individual needs of participants;

(5) explains the requirements to comply with an employment plan;

(6) explains the consequences for failing to comply;

(7) explains the services that are available to support job search and work and education;

(8) provides referral information about shelters and programs for victims of family
violence and the time limit exemption for family violence victims; and

(9) explains the probationary employment periods new employees may serve after being
hired and any assistance with job retention services that may be available.

Failure to attend the overview of employment and training services without good cause
results in the imposition of a sanction under section 256J.46.

An applicant who requests and qualifies for a family violence waiver is exempt from
attending a group overview. Information usually presented in an overview must be covered
during the development of an employment plan under section 256J.521, subdivision 3.

Sec. 88.

Minnesota Statutes 2016, section 260.55, is amended to read:


260.55 EXPENSE OF RETURNING JUVENILES TO STATE, PAYMENT.

The expense of returning juveniles to this state pursuant to the Interstate Compact deleted text beginondeleted text endnew text begin
for
new text end Juveniles shall be paid as follows:

(1) In the case of a runaway, the court making the requisition shall inquire summarily
regarding the financial ability of the petitioner to bear the expense and if it finds the petitioner
is able to do so, shall order that the petitioner pay all such expenses; otherwise the court
shall arrange for the transportation at the expense of the county and order that the county
reimburse the person, if any, who returns the juvenile, for actual and necessary expenses;
and the court may order that the petitioner reimburse the county for so much of said expense
as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or
refuses to pay such sum, the petitioner may be proceeded against for contempt.

(2) In the case of an escapee or absconder, if the juvenile is in the legal custody of the
commissioner of corrections the commissioner shall bear the expense of the juvenile's return;
otherwise the appropriate court shall, on petition of the person or agency entitled to the
juvenile's custody or charged with the juvenile's supervision, arrange for the transportation
at the expense of the county and order that the county reimburse the person, if any, who
returns the juvenile, for actual and necessary expenses. In this subsection "appropriate court"
means the juvenile court which adjudged the juvenile to be delinquent or, if the juvenile is
under supervision for another state under Article VII of the compact, then the juvenile court
of the county of the juvenile's residence during such supervision.

(3) In the case of a voluntary return of a runaway without requisition, the person entitled
to the juvenile's legal custody shall pay the expense of transportation and the actual and
necessary expenses of the person, if any, who returns such juvenile; but if financially unable
to pay all the expenses the person may petition the juvenile court of the county of the
petitioner's residence for an order arranging for the transportation as provided in paragraph
(1). The court shall inquire summarily into the financial ability of the petitioner and, if it
finds the petitioner is unable to bear any or all of the expense, the court shall arrange for
such transportation at the expense of the county and shall order the county to reimburse the
person, if any, who returns the juvenile, for actual and necessary expenses. The court may
order that the petitioner reimburse the county for so much of said expense as the court finds
the petitioner is able to pay. A petitioner who fails, without good cause, or refuses to pay
such sum may be proceeded against for contempt.

Sec. 89.

Minnesota Statutes 2016, section 260.56, is amended to read:


260.56 COUNSEL OR GUARDIAN AD LITEM FOR JUVENILE, FEES.

Any judge of this state who appoints counsel or a guardian ad litem pursuant to the
provisions of the Interstate Compact deleted text beginondeleted text endnew text begin fornew text end Juveniles may allow a reasonable fee on order
of the court. The costs of the counsel must be paid by the county and the cost of the guardian
ad litem, if any, must be paid by the state courts.

Sec. 90.

Minnesota Statutes 2016, section 260.57, is amended to read:


260.57 ENFORCEMENT.

The courts, departments, agencies, and officers of this state and its political subdivisions
shall enforce the Interstate Compact deleted text beginondeleted text endnew text begin fornew text end Juveniles and shall do all things appropriate to
the effectuation of its purposes which may be within their respective jurisdictions.

Sec. 91.

Minnesota Statutes 2016, section 260C.451, subdivision 8, is amended to read:


Subd. 8.

Notice of termination of foster care.

When a child in foster care between the
ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the
responsible social services agency shall give the child written notice that foster care will
terminate 30 days from the date the notice is sent. The child or the child's guardian ad litem
may file a motion asking the court to review the agency's determination within 15 days of
receiving the notice. The child shall not be discharged from foster care until the motion is
heard. The agency shall work with the child to transition out of foster care as required under
section 260C.203, paragraph deleted text begin(e)deleted text endnew text begin (d), clause (2)new text end. The written notice of termination of benefits
shall be on a form prescribed by the commissioner and shall also give notice of the right to
have the agency's determination reviewed by the court in the proceeding where the court
conducts the reviews required under section 260C.203, 260C.317, or 260C.515, subdivision
5 or 6. A copy of the termination notice shall be sent to the child and the child's attorney,
if any, the foster care provider, the child's guardian ad litem, and the court. The agency is
not responsible for paying foster care benefits for any period of time after the child actually
leaves foster care.

Sec. 92.

Minnesota Statutes 2016, section 270.074, subdivision 3, is amended to read:


Subd. 3.

Net tax capacity.

(a) The net tax capacity of the flight property of every airline
company is 70 percent of the value thereof apportioned to this state under subdivision 1,
except that the net tax capacity of quiet aircraft is 40 percent of the value determined under
subdivision 1. "Quiet aircraft" means turboprops and aircraft defined as stage III or IV by
the Federal deleted text beginAeronauticsdeleted text endnew text begin Aviationnew text end Administration. If, in the opinion of the commissioner,
other aircraft may be qualified as quiet aircraft, the commissioner may adopt rules providing
additional qualifications.

(b) The flight property of an airline company that owns or leases aircraft the majority
of which are turboprops, and which provides, during six months or more of the year that
taxes are levied, scheduled passenger service to three or more airports inside or outside of
this state that serve small or medium sized communities, shall be assessed at 50 percent of
the assessment percentage otherwise set by paragraph (a).

Sec. 93.

Minnesota Statutes 2016, section 273.1392, is amended to read:


273.1392 PAYMENT; SCHOOL DISTRICTS.

The amounts of bovine tuberculosis credit reimbursements under section 273.113;
conservation tax credits under section 273.119; disaster or emergency reimbursement under
sections 273.1231 to 273.1235; deleted text beginhomestead anddeleted text end agricultural credits under section 273.1384;
aids and credits under section 273.1398; enterprise zone property credit payments under
section 469.171; and metropolitan agricultural preserve reduction under section 473H.10
for school districts, shall be certified to the Department of Education by the Department of
Revenue. The amounts so certified shall be paid according to section 127A.45, subdivisions
9
and 13.

Sec. 94.

Minnesota Statutes 2016, section 275.71, subdivision 4, is amended to read:


Subd. 4.

Adjusted levy limit base.

For taxes levied in 2008 through 2010, the adjusted
levy limit base is equal to the levy limit base computed under subdivision 2 or section
275.72, multiplied by:

(1) one plus the percentage growth in the implicit price deflator, but the percentage shall
not be less than zero or exceed 3.9 percent;

(2) one plus a percentage equal to 50 percent of the percentage increase in the number
of households, if any, for the most recent 12-month period for which data is available; and

(3) one plus a percentage equal to 50 percent of the percentage increase in the estimated
market value of the jurisdiction due to new construction of class 3 property, as defined in
section 273.13, subdivision deleted text begin4deleted text endnew text begin 24new text end, except for state-assessed utility and railroad property, for
the most recent year for which data is available.

Sec. 95.

Minnesota Statutes 2016, section 275.72, subdivision 2, is amended to read:


Subd. 2.

Adjustments for annexation.

If a local governmental unit increases its tax
base through annexation of an area which is not the area of an entire local governmental
unit and the area of annexation contains a population of 50 or more, the levy limit base of
the local governmental unit in the first year in which the annexation is effective shall be
equal to its levy limit base deleted text beginestablished before the adjustment under section 275.71,
subdivision 3
,
deleted text end for the current levy year multiplied by the ratio of the net tax capacity in the
local governmental unit after the annexation compared to its net tax capacity before the
annexation.

Sec. 96.

Minnesota Statutes 2016, section 276.04, subdivision 3, is amended to read:


Subd. 3.

Mailing of tax statements.

The county treasurer shall mail to taxpayers
statements of their personal property taxes due not later than deleted text beginApril 15 for property taxes
payable in 1990 and
deleted text end March 31 deleted text beginthereafterdeleted text end, except in the case of manufactured homes and
sectional structures taxed as personal property. Statements of the real property taxes due
shall be mailed not later than deleted text beginApril 15 for property taxes payable in 1990 anddeleted text end March 31deleted text begin
thereafter
deleted text end. The validity of the tax shall not be affected by failure of the treasurer to mail the
statement. The taxpayer is defined as the owner who is responsible for the payment of the
tax.

Sec. 97.

Minnesota Statutes 2016, section 276A.06, subdivision 10, is amended to read:


Subd. 10.

Adjustment of values.

For the purpose of computing fiscal capacity under
section 276A.01, subdivision 12, a municipality's taxable market value must be adjusted to
reflect the reductions to net tax capacity effected by subdivision 2, clause (1), provided that
in determining the taxable market value of commercial-industrial property or any class
thereof within a municipality, the reduction required by this subdivision is that amount
which bears the same proportion to the amount subtracted from the municipality's net tax
capacity pursuant to subdivision 2, clause (1), as the taxable market value of
commercial-industrial property, or such class thereof, located within the municipality bears
to the net tax capacity of commercial-industrial property, or such class thereof, located
within the municipality. No adjustment shall be made to taxable market value for the increase
in net tax capacity under subdivision 2, clause deleted text begin(b)deleted text endnew text begin (2)new text end.

Sec. 98.

Minnesota Statutes 2016, section 289A.121, subdivision 5, is amended to read:


Subd. 5.

Reportable transactions.

(a) For each taxable year in which a taxpayer must
make a return or a statement under Code of Federal Regulations, title 26, section 1.6011-4,
for a reportable transaction, including a listed transaction, in which the taxpayer participated
in a taxable year for which a return is required under chapter 290, the taxpayer must file a
copy of the disclosure with the commissioner.

(b) Any taxpayer that is a member of a unitary business group that includes any person
that must make a disclosure statement under Code of Federal Regulations, title 26, section
1.6011-4, must file a disclosure under this subdivision.

(c) Disclosure under this subdivision is required for any transaction entered into after
December 31, 2001, that the Internal Revenue Service determines is a listed transaction at
any time, and must be made in the manner prescribed by the commissioner. deleted text beginFor transactions
in which the taxpayer participated for taxable years ending before December 31, 2005,
disclosure must be made by the extended due date of the first return required under chapter
290 that occurs 60 days or more after July 14, 2005.
deleted text end With respect to transactions in which
the taxpayer participated for taxable years ending on and after December 31, 2005, disclosure
must be made in the time and manner prescribed in Code of Federal Regulations, title 26,
section 1.6011-4(e).

deleted text begin (d) Notwithstanding paragraphs (a) to (c), no disclosure is required for transactions
entered into after December 31, 2001, and before January 1, 2006, if (1) the taxpayer has
filed an amended income tax return which reverses the tax benefits of the tax shelter
transaction, or (2) as a result of a federal audit the Internal Revenue Service has determined
the tax treatment of the transaction and an amended return has been filed to reflect the
federal treatment.
deleted text end

Sec. 99.

Minnesota Statutes 2016, section 289A.121, subdivision 6, is amended to read:


Subd. 6.

Lists of investors.

(a) Any person required to maintain a list under section
6112 of the Internal Revenue Code with respect to any reportable transaction must furnish
the list to the commissioner no later than when required under federal law. The list required
under this subdivision must include the same information required with respect to a reportable
transaction under section 6112 of the Internal Revenue Code, and any other information
the commissioner requires.

(b) For transactions entered into on or after December 31, 2001, that become listed
transactions at any time, the list must be furnished to the commissioner by the latest of:

(1) 60 days after entering into the transaction;new text begin or
new text end

(2) 60 days after the transaction becomes a listed transactiondeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (3) October 15, 2005.
deleted text end

Sec. 100.

Minnesota Statutes 2016, section 290.091, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For purposes of the tax imposed by this section, the following
terms have the meanings given:

(a) "Alternative minimum taxable income" means the sum of the following for the taxable
year:

(1) the taxpayer's federal alternative minimum taxable income as defined in section
55(b)(2) of the Internal Revenue Code;

(2) the taxpayer's itemized deductions allowed in computing federal alternative minimum
taxable income, but excluding:

(i) the charitable contribution deduction under section 170 of the Internal Revenue Code;

(ii) the medical expense deduction;

(iii) the casualty, theft, and disaster loss deduction; and

(iv) the impairment-related work expenses of a disabled person;

(3) for depletion allowances computed under section 613A(c) of the Internal Revenue
Code, with respect to each property (as defined in section 614 of the Internal Revenue Code),
to the extent not included in federal alternative minimum taxable income, the excess of the
deduction for depletion allowable under section 611 of the Internal Revenue Code for the
taxable year over the adjusted basis of the property at the end of the taxable year (determined
without regard to the depletion deduction for the taxable year);

(4) to the extent not included in federal alternative minimum taxable income, the amount
of the tax preference for intangible drilling cost under section 57(a)(2) of the Internal Revenue
Code determined without regard to subparagraph (E);

(5) to the extent not included in federal alternative minimum taxable income, the amount
of interest income as provided by section 290.0131, subdivision 2; and

(6) the amount of addition required by section 290.0131, subdivisions 9 to 11;

less the sum of the amounts determined under the following:

deleted text begin (1)deleted text endnew text begin (i)new text end interest income as defined in section 290.0132, subdivision 2;

deleted text begin (2)deleted text endnew text begin (ii)new text end an overpayment of state income tax as provided by section 290.0132, subdivision
3
, to the extent included in federal alternative minimum taxable income;

deleted text begin (3)deleted text endnew text begin (iii)new text end the amount of investment interest paid or accrued within the taxable year on
indebtedness to the extent that the amount does not exceed net investment income, as defined
in section 163(d)(4) of the Internal Revenue Code. Interest does not include amounts deducted
in computing federal adjusted gross income;

deleted text begin (4)deleted text endnew text begin (iv)new text end amounts subtracted from federal taxable income as provided by section 290.0132,
subdivisions 7
, 9 to 15, 17, and 21; and

deleted text begin (5)deleted text endnew text begin (v)new text end the amount of the net operating loss allowed under section 290.095, subdivision
11
, paragraph (c).

In the case of an estate or trust, alternative minimum taxable income must be computed
as provided in section 59(c) of the Internal Revenue Code.

(b) "Investment interest" means investment interest as defined in section 163(d)(3) of
the Internal Revenue Code.

(c) "Net minimum tax" means the minimum tax imposed by this section.

(d) "Regular tax" means the tax that would be imposed under this chapter (without regard
to this section and section 290.032), reduced by the sum of the nonrefundable credits allowed
under this chapter.

(e) "Tentative minimum tax" equals 6.75 percent of alternative minimum taxable income
after subtracting the exemption amount determined under subdivision 3.

Sec. 101.

Minnesota Statutes 2016, section 290A.03, subdivision 8, is amended to read:


Subd. 8.

Claimant.

(a) "Claimant" means a person, other than a dependent, as defined
under sections 151 and 152 of the Internal Revenue Code disregarding section 152(b)(3)
of the Internal Revenue Code, who filed a claim authorized by this chapter and who was a
resident of this state as provided in chapter 290 during the calendar year for which the claim
for relief was filed.

(b) In the case of a claim relating to rent constituting property taxes, the claimant shall
have resided in a rented or leased unit on which ad valorem taxes or payments made in lieu
of ad valorem taxes, including payments of special assessments imposed in lieu of ad valorem
taxes, are payable at some time during the calendar year covered by the claim.

(c) "Claimant" shall not include a resident of a nursing home, intermediate care facility,
long-term residential facility, or a facility that accepts group residential housing payments
whose rent constituting property taxes is paid pursuant to the Supplemental Security Income
program under title XVI of the Social Security Act, the Minnesota supplemental aid program
under sections 256D.35 to 256D.54, the medical assistance program pursuant to title XIX
of the Social Security Act, deleted text beginthe general assistance medical care program pursuant to section
256D.03, subdivision 3,
deleted text end or the group residential housing program under chapter 256I.

If only a portion of the rent constituting property taxes is paid by these programs, the
resident shall be a claimant for purposes of this chapter, but the refund calculated pursuant
to section 290A.04 shall be multiplied by a fraction, the numerator of which is income as
defined in subdivision 3, paragraphs (a) and (b), reduced by the total amount of income
from the above sources other than vendor payments under the medical assistance program
deleted text begin or the general assistance medical care programdeleted text end and the denominator of which is income as
defined in subdivision 3, paragraphs (a) and (b), plus vendor payments under the medical
assistance program deleted text beginor the general assistance medical care programdeleted text end, to determine the allowable
refund pursuant to this chapter.

(d) Notwithstanding paragraph (c), if the claimant was a resident of the nursing home,
intermediate care facility, long-term residential facility, or facility for which the rent was
paid for the claimant by the group residential housing program for only a portion of the
calendar year covered by the claim, the claimant may compute rent constituting property
taxes by disregarding the rent constituting property taxes from the nursing home or facility
and use only that amount of rent constituting property taxes or property taxes payable relating
to that portion of the year when the claimant was not in the facility. The claimant's household
income is the income for the entire calendar year covered by the claim.

(e) In the case of a claim for rent constituting property taxes of a part-year Minnesota
resident, the income and rental reflected in this computation shall be for the period of
Minnesota residency only. Any rental expenses paid which may be reflected in arriving at
federal adjusted gross income cannot be utilized for this computation. When two individuals
of a household are able to meet the qualifications for a claimant, they may determine among
them as to who the claimant shall be. If they are unable to agree, the matter shall be referred
to the commissioner of revenue whose decision shall be final. If a homestead property owner
was a part-year Minnesota resident, the income reflected in the computation made pursuant
to section 290A.04 shall be for the entire calendar year, including income not assignable to
Minnesota.

(f) If a homestead is occupied by two or more renters, who are not husband and wife,
the rent shall be deemed to be paid equally by each, and separate claims shall be filed by
each. The income of each shall be each renter's household income for purposes of computing
the amount of credit to be allowed.

Sec. 102.

Minnesota Statutes 2016, section 295.53, subdivision 1, is amended to read:


Subdivision 1.

Exemptions.

(a) The following payments are excluded from the gross
revenues subject to the hospital, surgical center, or health care provider taxes under sections
295.50 to 295.59:

(1) payments received for services provided under the Medicare program, including
payments received from the government, and organizations governed by sections 1833 and
1876 of title XVIII of the federal Social Security Act, United States Code, title 42, section
1395, and enrollee deductibles, coinsurance, and co-payments, whether paid by the Medicare
enrollee or by a Medicare supplemental coverage as defined in section 62A.011, subdivision
3
, clause (10), or by Medicaid payments under title XIX of the federal Social Security Act.
Payments for services not covered by Medicare are taxable;

(2) payments received for home health care services;

(3) payments received from hospitals or surgical centers for goods and services on which
liability for tax is imposed under section 295.52 or the source of funds for the payment is
exempt under clause (1), (7), (10), or (14);

(4) payments received from health care providers for goods and services on which
liability for tax is imposed under this chapter or the source of funds for the payment is
exempt under clause (1), (7), (10), or (14);

(5) amounts paid for legend drugs, other than nutritional products and blood and blood
components, to a wholesale drug distributor who is subject to tax under section 295.52,
subdivision 3
, reduced by reimbursements received for legend drugs otherwise exempt
under this chapter;

(6) payments received by a health care provider or the wholly owned subsidiary of a
health care provider for care provided outside Minnesota;

(7) payments received from the chemical dependency fund under chapter 254B;

(8) payments received in the nature of charitable donations that are not designated for
providing patient services to a specific individual or group;

(9) payments received for providing patient services incurred through a formal program
of health care research conducted in conformity with federal regulations governing research
on human subjects. Payments received from patients or from other persons paying on behalf
of the patients are subject to tax;

(10) payments received from any governmental agency for services benefiting the public,
not including payments made by the government in its capacity as an employer or insurer
or payments made by the government for services provided under deleted text begingeneral assistance medical
care,
deleted text end the MinnesotaCare programdeleted text begin,deleted text end or the medical assistance program governed by title XIX
of the federal Social Security Act, United States Code, title 42, sections 1396 to 1396v;

(11) government payments received by the commissioner of human services for
state-operated services;

(12) payments received by a health care provider for hearing aids and related equipment
or prescription eyewear delivered outside of Minnesota;

(13) payments received by an educational institution from student tuition, student activity
fees, health care service fees, government appropriations, donations, or grants, and for
services identified in and provided under an individualized education program as defined
in section 256B.0625 or Code of Federal Regulations, chapter 34, section 300.340(a). Fee
for service payments and payments for extended coverage are taxable;

(14) payments received under the federal Employees Health Benefits Act, United States
Code, title 5, section 8909(f), as amended by the Omnibus Reconciliation Act of 1990.
Enrollee deductibles, coinsurance, and co-payments are subject to tax; and

(15) payments received under the federal Tricare program, Code of Federal Regulations,
title 32, section 199.17(a)(7). Enrollee deductibles, coinsurance, and co-payments are subject
to tax.

(b) Payments received by wholesale drug distributors for legend drugs sold directly to
veterinarians or veterinary bulk purchasing organizations are excluded from the gross
revenues subject to the wholesale drug distributor tax under sections 295.50 to 295.59.

Sec. 103.

Minnesota Statutes 2016, section 297F.10, subdivision 1, is amended to read:


Subdivision 1.

Tax and use tax on cigarettes.

Revenue received from cigarette taxes,
as well as related penalties, interest, license fees, and miscellaneous sources of revenue
shall be deposited by the commissioner in the state treasury and credited as follows:

(1) deleted text begin$22,220,000 for fiscal year 2006 anddeleted text end $22,250,000 deleted text beginfor fiscal year 2007 anddeleted text end each year
deleted text begin thereafterdeleted text end must be credited to the Academic Health Center special revenue fund hereby
created and is annually appropriated to the Board of Regents at the University of Minnesota
for Academic Health Center funding at the University of Minnesota; and

(2) deleted text begin$8,550,000 for fiscal years 2007 through fiscal year 2011 anddeleted text end $3,937,000 each year
deleted text begin thereafterdeleted text end must be credited to the medical education and research costs account hereby
created in the special revenue fund and is annually appropriated to the commissioner of
health for distribution under section 62J.692, subdivision 4; and

(3) the balance of the revenues derived from taxes, penalties, and interest (under this
chapter) and from license fees and miscellaneous sources of revenue shall be credited to
the general fund.

Sec. 104.

Minnesota Statutes 2016, section 297I.06, subdivision 3, is amended to read:


Subd. 3.

Fire safety account, annual transfers, allocation.

A special account, to be
known as the fire safety account, is created in the state treasury. The account consists of
the proceeds under subdivisions 1 and 2. deleted text begin$4,227,000 in fiscal year 2012, $4,228,000 in
fiscal year 2013, and $2,368,000 in fiscal years 2014 and 2015 are transferred from the fire
safety account in the special revenue fund to the general fund to offset the loss of revenue
caused by the repeal of the one-half of one percent tax on fire insurance premiums.
deleted text end

Sec. 105.

Minnesota Statutes 2016, section 297I.15, subdivision 4, is amended to read:


Subd. 4.

Premiums paid to health carriers by state.

A health carrier as defined in
section 62A.011 is exempt from the taxes imposed under this chapter on premiums paid to
it by the state. Premiums paid by the state under medical assistancedeleted text begin, general assistance
medical care,
deleted text end and the MinnesotaCare program are not exempt under this subdivision.

Sec. 106.

Minnesota Statutes 2016, section 298.001, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Direct reduced ore. new text end

new text begin "Direct reduced ore" means ore that results in a product
that has an iron content of at least 75 percent.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 107.

Minnesota Statutes 2016, section 298.24, subdivision 1, is amended to read:


Subdivision 1.

Imposed; calculation.

(a) For concentrate produced in 2013, there is
imposed upon taconite and iron sulphides, and upon the mining and quarrying thereof, and
upon the production of iron ore concentrate therefrom, and upon the concentrate so produced,
a tax of $2.56 per gross ton of merchantable iron ore concentrate produced therefrom. The
tax is also imposed upon other iron-bearing material.

(b) For concentrates produced in 2014 and subsequent years, the tax rate shall be equal
to the preceding year's tax rate plus an amount equal to the preceding year's tax rate multiplied
by the percentage increase in the implicit price deflator from the fourth quarter of the second
preceding year to the fourth quarter of the preceding year. "Implicit price deflator" means
the implicit price deflator for the gross domestic product prepared by the Bureau of Economic
Analysis of the United States Department of Commerce.

(c) An additional tax is imposed equal to three cents per gross ton of merchantable iron
ore concentrate for each one percent that the iron content of the product exceeds 72 percent,
when dried at 212 degrees Fahrenheit.

(d) The tax on taconite and iron sulphides shall be imposed on the average of the
production for the current year and the previous two years. The rate of the tax imposed will
be the current year's tax rate. This clause shall not apply in the case of the closing of a
taconite facility if the property taxes on the facility would be higher if this clause and section
298.25 were not applicable. The tax on other iron-bearing material shall be imposed on the
current year production.

(e) If the tax or any part of the tax imposed by this subdivision is held to be
unconstitutional, a tax of $2.56 per gross ton of merchantable iron ore concentrate produced
shall be imposed.

(f) Consistent with the intent of this subdivision to impose a tax based upon the weight
of merchantable iron ore concentrate, the commissioner of revenue may indirectly determine
the weight of merchantable iron ore concentrate included in fluxed pellets by subtracting
the weight of the limestone, dolomite, or olivine derivatives or other basic flux additives
included in the pellets from the weight of the pellets. For purposes of this paragraph, "fluxed
pellets" are pellets produced in a process in which limestone, dolomite, olivine, or other
basic flux additives are combined with merchantable iron ore concentrate. No subtraction
from the weight of the pellets shall be allowed for binders, mineral and chemical additives
other than basic flux additives, or moisture.

(g)(1) Notwithstanding any other provision of this subdivision, for the first two years
of a plant's commercial production of direct reduced ore from ore mined in this state, no
tax is imposed under this section. deleted text beginAs used in this paragraph, "commercial production" is
production of more than 50,000 tons of direct reduced ore in the current year or in any prior
year, "noncommercial production" is production of 50,000 tons or less of direct reduced
ore in any year, and "direct reduced ore" is ore that results in a product that has an iron
content of at least 75 percent.
deleted text end For the third year of a plant's commercial production of direct
reduced ore, the rate to be applied to direct reduced ore is 25 percent of the rate otherwise
determined under this subdivision. For the fourth commercial production year, the rate is
50 percent of the rate otherwise determined under this subdivision; for the fifth commercial
production year, the rate is 75 percent of the rate otherwise determined under this subdivision;
and for all subsequent commercial production years, the full rate is imposed.

(2) Subject to clause (1), production of direct reduced ore in this state is subject to the
tax imposed by this section, but if that production is not produced by a producer of taconite,
iron sulfides, or other iron-bearing material, the production of taconite, iron sulfides, or
other iron-bearing material, that is consumed in the production of direct reduced iron in this
state is not subject to the tax imposed by this section on taconite, iron sulfides, or other
iron-bearing material.

(3) Notwithstanding any other provision of this subdivision, no tax is imposed on direct
reduced ore under this section during the facility's noncommercial production of direct
reduced ore. The taconite or iron sulphides consumed in the noncommercial production of
direct reduced ore is subject to the tax imposed by this section on taconite and iron sulphides.
Three-year average production of direct reduced ore does not include production of direct
reduced ore in any noncommercial year.

new text begin (4)new text end Three-year average production for a direct reduced ore facility that has noncommercial
production is the average of the commercial production of direct reduced ore for the current
year and the previous two commercial years.

new text begin (5) As used in this paragraph, "commercial production" means production of more than
50,000 tons of direct reduced ore in the current year or in any prior year, and "noncommercial
production" means production of 50,000 tons or less of direct reduced ore in any year.
new text end

deleted text begin (4)deleted text endnew text begin (6)new text end This paragraph applies only to plants for which all environmental permits have
been obtained and construction has begun before July 1, 2008.

Sec. 108.

Minnesota Statutes 2016, section 298.28, subdivision 6, is amended to read:


Subd. 6.

Property tax relief.

(a) In 2014 and thereafter, 34.8 cents per taxable ton, less
any amount required to be distributed under paragraphs (b) and (c), deleted text beginor section 298.2961,
subdivision 5,
deleted text end must be allocated to St. Louis County acting as the counties' fiscal agent, to
be distributed as provided in sections 273.134 to 273.136.

(b) If an electric power plant owned by and providing the primary source of power for
a taxpayer mining and concentrating taconite is located in a county other than the county
in which the mining and the concentrating processes are conducted, .1875 cent per taxable
ton of the tax imposed and collected from such taxpayer shall be paid to the county.

(c) If an electric power plant owned by and providing the primary source of power for
a taxpayer mining and concentrating taconite is located in a school district other than a
school district in which the mining and concentrating processes are conducted, .4541 cent
per taxable ton of the tax imposed and collected from the taxpayer shall be paid to the school
district.

Sec. 109.

Minnesota Statutes 2016, section 317A.061, subdivision 2, is amended to read:


Subd. 2.

Sections applicable.

(a) Except as provided in paragraph (b), a foreign nonprofit
corporation is subject to chapter 303. Unless it complies with chapter 303, a foreign
corporation may not transact business in this state.

(b) Sections 303.02, subdivision 2; 303.07; 303.14; 303.16deleted text begin;deleted text endnew text begin,new text end subdivision 2, deleted text beginclausesdeleted text endnew text begin clausenew text end
(6) deleted text beginand (7)deleted text end; and 303.22 do not apply to foreign nonprofit corporations.

Sec. 110.

Minnesota Statutes 2016, section 340A.409, subdivision 1, is amended to read:


Subdivision 1.

Insurance required.

(a) No retail license may be issued, maintained or
renewed unless the applicant demonstrates proof of financial responsibility with regard to
liability imposed by section 340A.801. The issuing authority must submit to the commissioner
the applicant's proof of financial responsibility. This subdivision does not prohibit a local
unit of government from requiring higher insurance or bond coverages, or a larger deposit
of cash or securities. The minimum requirement for proof of financial responsibility may
be given by filing:

(1) a certificate that there is in effect for the license period an insurance policy issued
by an insurer required to be licensed under section 60A.07, subdivision 4, or by an insurer
recognized as an eligible surplus lines carrier pursuant to section 60A.206 or pool providing
at least $50,000 of coverage because of bodily injury to any one person in any one occurrence,
$100,000 because of bodily injury to two or more persons in any one occurrence, $10,000
because of injury to or destruction of property of others in any one occurrence, $50,000 for
loss of means of support of any one person in any one occurrence, $100,000 for loss of
means of support of two or more persons in any one occurrence, $50,000 for other pecuniary
loss of any one person in any one occurrence, and $100,000 for other pecuniary loss of two
or more persons in any one occurrence;

(2) a bond of a surety company with minimum coverages as provided in clause (1); or

(3) a certificate of the commissioner of management and budget that the licensee has
deposited with the commissioner of management and budget $100,000 in cash or securities
which may legally be purchased by savings banks or for trust funds having a market value
of $100,000.

(b) This subdivision does not prohibit an insurer from providing the coverage required
by this subdivision in combination with other insurance coverage.

(c) An annual aggregate policy limit for dram shop insurance of not less than deleted text begin$300,000deleted text endnew text begin
$310,000
new text end per policy year may be included in the policy provisions.

(d) A liability insurance policy required by this section must provide that it may not be
canceled for:

(1) any cause, except for nonpayment of premium, by either the insured or the insurer
unless the canceling party has first given 60 days' notice in writing to the insured of intent
to cancel the policy; and

(2) nonpayment of premium unless the canceling party has first given ten days' notice
in writing to the insured of intent to cancel the policy.

(e) In the event of a policy cancellation, the insurer will send notice to the issuing
authority at the same time that a cancellation request is received from or a notice is sent to
the insured.

(f) All insurance policies which provide coverage with regard to any liability imposed
by section 340A.801 must contain at least the minimum coverage required by this section.

Sec. 111.

Minnesota Statutes 2016, section 354A.37, subdivision 1, is amended to read:


Subdivision 1.

Eligibility for refund.

Any coordinated member who ceases to render
teaching service for the school district in which the teachers retirement fund association is
located shall be entitled to a refund in lieu of any other annuity or benefit from the teachers
retirement fund associationdeleted text begin, other than an annuity from a tax shelter annuity program and
fund as authorized under section 354A.021, subdivision 5
deleted text end. The amount of the refund must
be calculated under subdivision 3. The application for the refund must not be made prior
to 30 days after the cessation of teaching services if the coordinated member has not resumed
active teaching services for the district. Payment of the refund must be made within 90 days
after receipt of the refund application by the board.

Sec. 112.

Minnesota Statutes 2016, section 354C.11, subdivision 2, is amended to read:


Subd. 2.

Eligibility.

(a) An individual must participate in the supplemental retirement
plan if the individual is employed by the Board of Trustees in the unclassified service of
the state and has completed at least two years with a full-time contract of applicable
unclassified employment with the board or an applicable predecessor board in any of the
positions specified in paragraph (b).

(b) Eligible positions or employment classifications are:

(1) an unclassified administrative position as defined in section 354B.20, subdivision
6
;

(2) an employment classification included in one of the following collective bargaining
units under section 179A.10, subdivision 2:

(i) the state university instructional unit;

(ii) the state college instructional unit; and

(iii) the state university administrative unit; or

(3) an unclassified employee of the board:

(i) included in the general professional unit or the supervisory employees unit under
section 179A.10, subdivision 2; or

(ii) an employee who is excluded from one of those units due to the employee's
confidential status under section 179A.10, subdivision 1, clause deleted text begin(8)deleted text endnew text begin (7)new text end.

Sec. 113.

Minnesota Statutes 2016, section 356.215, subdivision 8, is amended to read:


Subd. 8.

Interest and salary assumptions.

(a) The actuarial valuation must use the
applicable following interest assumption:

(1) select and ultimate interest rate assumption

plan
ultimate interest rate
assumption
teachers retirement plan
8.5%

The select preretirement interest rate assumption for the period through June 30, 2017,
is eight percent.

(2) single rate interest rate assumption

plan
interest rate
assumption
general state employees retirement plan
8%
correctional state employees retirement plan
8
State Patrol retirement plan
8
legislators retirement plan, and for the
constitutional officers calculation of total plan
liabilities
0
judges retirement plan
8
general public employees retirement plan
8
public employees police and fire retirement plan
8
local government correctional service retirement
plan
8
St. Paul teachers retirement plan
8
Bloomington Fire Department Relief Association
6
local monthly benefit volunteer firefighter relief
associations
5
monthly benefit retirement plans in the statewide
volunteer firefighter retirement plan
6

(b)(1) If funding stability has been attained, the valuation must use a postretirement
adjustment rate actuarial assumption equal to the postretirement adjustment rate specified
in section deleted text begin354A.27, subdivision 7;deleted text end 354A.29, subdivision 9deleted text begin;deleted text endnew text begin,new text end or 356.415, subdivision 1,
whichever applies.

(2) If funding stability has not been attained, the valuation must use a select postretirement
adjustment rate actuarial assumption equal to the postretirement adjustment rate specified
in section deleted text begin354A.27, subdivision 6a;deleted text end 354A.29, subdivision 8deleted text begin;deleted text endnew text begin,new text end or 356.415, subdivision 1a,
1b, 1c, 1d, 1e, or 1f, whichever applies, for a period ending when the approved actuary
estimates that the plan will attain the defined funding stability measure, and thereafter an
ultimate postretirement adjustment rate actuarial assumption equal to the postretirement
adjustment rate under section deleted text begin354A.27, subdivision 7;deleted text end 354A.29, subdivision 9deleted text begin;deleted text endnew text begin,new text end or 356.415,
subdivision 1
, for the applicable period or periods beginning when funding stability is
projected to be attained.

(c) The actuarial valuation must use the applicable following single rate future salary
increase assumption, the applicable following modified single rate future salary increase
assumption, or the applicable following graded rate future salary increase assumption:

(1) single rate future salary increase assumption

plan
future salary increase assumption
legislators retirement plan
5%
judges retirement plan
2.75
Bloomington Fire Department Relief Association
4

(2) age-related future salary increase age-related select and ultimate future salary increase
assumption or graded rate future salary increase assumption

plan
future salary increase assumption
local government correctional service retirement plan
assumption B
St. Paul teachers retirement plan
assumption A

For plans other than the St. Paul teachers
retirement plan and the local government
correctional service retirement plan, the select
calculation is: during the designated select
period, a designated percentage rate is
multiplied by the result of the designated
integer minus T, where T is the number of
completed years of service, and is added to
the applicable future salary increase
assumption. The designated select period is
ten years and the designated integer is ten for
the local government correctional service
retirement plan and 15 for the St. Paul
Teachers Retirement Fund Association. The
designated percentage rate is 0.2 percent for
the St. Paul Teachers Retirement Fund
Association.

The ultimate future salary increase assumption is:

age
A
B
16
5.9%
8.75%
17
5.9
8.75
18
5.9
8.75
19
5.9
8.75
20
5.9
8.75
21
5.9
8.5
22
5.9
8.25
23
5.85
8
24
5.8
7.75
25
5.75
7.5
26
5.7
7.25
27
5.65
7
28
5.6
6.75
29
5.55
6.5
30
5.5
6.5
31
5.45
6.25
32
5.4
6.25
33
5.35
6.25
34
5.3
6
35
5.25
6
36
5.2
5.75
37
5.15
5.75
38
5.1
5.75
39
5.05
5.5
40
5
5.5
41
4.95
5.5
42
4.9
5.25
43
4.85
5
44
4.8
5
45
4.75
4.75
46
4.7
4.75
47
4.65
4.75
48
4.6
4.75
49
4.55
4.75
50
4.5
4.75
51
4.45
4.75
52
4.4
4.75
53
4.35
4.75
54
4.3
4.75
55
4.25
4.5
56
4.2
4.5
57
4.15
4.25
58
4.1
4
59
4.05
4
60
4
4
61
4
4
62
4
4
63
4
4
64
4
4
65
4
3.75
66
4
3.75
67
4
3.75
68
4
3.75
69
4
3.75
70
4
3.75

(3) service-related ultimate future salary increase assumption

general state employees retirement plan of the Minnesota
State Retirement System
assumption A
general employees retirement plan of the Public
Employees Retirement Association
assumption B
Teachers Retirement Association
assumption C
public employees police and fire retirement plan
assumption D
State Patrol retirement plan
assumption E
correctional state employees retirement plan of the
Minnesota State Retirement System
assumption F
service
length
A
B
C
D
E
F
1
10.25%
11.78%
12%
12.75%
7.75%
5.75%
2
7.85
8.65
9
10.75
7.25
5.6
3
6.65
7.21
8
8.75
6.75
5.45
4
5.95
6.33
7.5
7.75
6.5
5.3
5
5.45
5.72
7.25
6.25
6.25
5.15
6
5.05
5.27
7
5.85
6
5
7
4.75
4.91
6.85
5.55
5.75
4.85
8
4.45
4.62
6.7
5.35
5.6
4.7
9
4.25
4.38
6.55
5.15
5.45
4.55
10
4.15
4.17
6.4
5.05
5.3
4.4
11
3.95
3.99
6.25
4.95
5.15
4.3
12
3.85
3.83
6
4.85
5
4.2
13
3.75
3.69
5.75
4.75
4.85
4.1
14
3.55
3.57
5.5
4.65
4.7
4
15
3.45
3.45
5.25
4.55
4.55
3.9
16
3.35
3.35
5
4.55
4.4
3.8
17
3.25
3.26
4.75
4.55
4.25
3.7
18
3.25
3.25
4.5
4.55
4.1
3.6
19
3.25
3.25
4.25
4.55
3.95
3.5
20
3.25
3.25
4
4.55
3.8
3.5
21
3.25
3.25
3.9
4.45
3.75
3.5
22
3.25
3.25
3.8
4.35
3.75
3.5
23
3.25
3.25
3.7
4.25
3.75
3.5
24
3.25
3.25
3.6
4.25
3.75
3.5
25
3.25
3.25
3.5
4.25
3.75
3.5
26
3.25
3.25
3.5
4.25
3.75
3.5
27
3.25
3.25
3.5
4.25
3.75
3.5
28
3.25
3.25
3.5
4.25
3.75
3.5
29
3.25
3.25
3.5
4.25
3.75
3.5
30 or more
3.25
3.25
3.5
4.25
3.75
3.5

(d) The actuarial valuation must use the applicable following payroll growth assumption
for calculating the amortization requirement for the unfunded actuarial accrued liability
where the amortization retirement is calculated as a level percentage of an increasing payroll:

plan
payroll growth assumption
general state employees retirement plan of the Minnesota
State Retirement System
3.5%
correctional state employees retirement plan
3.5
State Patrol retirement plan
3.5
judges retirement plan
2.75
general employees retirement plan of the Public
Employees Retirement Association
3.5
public employees police and fire retirement plan
3.5
local government correctional service retirement plan
3.5
teachers retirement plan
3.75
St. Paul teachers retirement plan
4

(e) The assumptions set forth in paragraphs (c) and (d) continue to apply, unless a
different salary assumption or a different payroll increase assumption:

(1) has been proposed by the governing board of the applicable retirement plan;

(2) is accompanied by the concurring recommendation of the actuary retained under
section 356.214, subdivision 1, if applicable, or by the approved actuary preparing the most
recent actuarial valuation report if section 356.214 does not apply; and

(3) has been approved or deemed approved under subdivision 18.

Sec. 114.

Minnesota Statutes 2016, section 383B.32, subdivision 3, is amended to read:


Subd. 3.

Unclassified service, compensation.

The human resources director shall
establish a compensation plan in accordance with section 383B.31, paragraph (c), clause
(2), for those employees in the unclassified service identified in subdivision 2, new text beginparagraph
(a),
new text endclauses (3), (4), (6), (8), (9), (10), (11), (13), and (14).

Sec. 115.

Minnesota Statutes 2016, section 383B.32, subdivision 4, is amended to read:


Subd. 4.

Unclassified service, tenure, benefits.

The positions in the unclassified service
enumerated in subdivision 2, new text beginparagraph (a), new text endclauses (3), (4), (8), (9), (10), (11), (13), and
(14)new text begin,new text end shall not have permanent tenure but shall have all other benefits provided for in sections
383B.26 to 383B.42. The term of office of any position established by another statute shall
be as provided in it.

Sec. 116.

Minnesota Statutes 2016, section 462C.05, subdivision 7, is amended to read:


Subd. 7.

Combined facility conditions, report.

A development may consist of a
combination of a multifamily housing development and a new or existing health care facility,
as defined by section 469.153, if the following conditions are satisfied:

(a) the multifamily housing development is designed and intended to be used for rental
occupancy;

(b) the multifamily housing development is designed and intended to be used primarily
by elderly or physically disabled persons; and

(c) nursing, medical, personal care, and other health-related assisted living services are
available on a 24-hour basis in the development to the residents.

deleted text begin The limitations of section 462C.04, subdivision 2, clause (c), shall not apply to projects
defined in this subdivision and approved by the Minnesota Housing Finance Agency before
October 1, 1983.
deleted text end

deleted text begin The Minnesota Housing Finance Agency shall provide, in the annual report required by
section 462C.04, subdivision 2, information on the costs incurred for the issuance of bonds
for projects defined in this subdivision. The report shall also include the Minnesota Housing
Finance Agency's recommendations for the regulation of costs of issuance for future issues.
deleted text end

Sec. 117.

Minnesota Statutes 2016, section 473.39, subdivision 1, is amended to read:


Subdivision 1.

General authority.

The council may issue general obligation bonds
subject to the volume limitations in this section to provide funds to implement the council's
transit capital improvement program and may issue general obligation bonds not subject to
the limitations for the refunding of outstanding bonds or certificates of indebtedness of the
council, the former regional transit board or the former metropolitan transit commission,
and judgments against the former regional transit board or the former metropolitan transit
commission or the council. The council may not issue obligations pursuant to this subdivision,
other than refunding bonds, in excess of the amount specifically authorized by law. Except
as otherwise provided in sections 473.371 to 473.449, the council shall provide for the
issuance, sale, and security of the bonds in the manner provided in chapter 475, and has the
same powers and duties as a municipality issuing bonds under that law, except that no
election is required and the net debt limitations in chapter 475 do not apply to the bonds.
The obligations are not a debt of the state or any municipality or political subdivision within
the meaning of any debt limitation or requirement pertaining to those entities. Neither the
state, nor any municipality or political subdivision except the council, nor any member or
officer or employee of the council, is liable on the obligations. The obligations may be
secured by taxes levied without limitation of rate or amount upon all taxable property in
the transit taxing district and transit area as provided in section 473.446, subdivision 1,
deleted text begin clausedeleted text endnew text begin paragraphnew text end (a). As part of its levy made under section 473.446, subdivision 1, deleted text beginclausedeleted text endnew text begin
paragraph
new text end (a), the council shall levy the amounts necessary to provide full and timely
payment of the obligations and transfer the proceeds to the appropriate council account for
payment of the obligations. The taxes must be levied, certified, and collected in accordance
with the terms and conditions of the indebtedness.

Sec. 118.

Minnesota Statutes 2016, section 518A.53, subdivision 11, is amended to read:


Subd. 11.

Lump-sum payments.

Before transmittal to the obligor of a lump-sum payment
of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation
pay, bonuses, commissions, or other pay or benefits, a payor of funds:

(1) who has been served with an order for or notice of income withholding under this
section shall:

(i) notify the public authority of the lump-sum payment that is to be paid to the obligor;

(ii) hold the lump-sum payment for 30 days after the date on which the lump-sum payment
would otherwise have been paid to the obligor, notwithstanding sections 176.221, 176.225,
176.521, 181.08, 181.101, 181.11, 181.13, and 181.145deleted text begin, and Minnesota Rules, part
1415.2000, subpart 10
deleted text end; and

(iii) upon order of the court, and after a showing of past willful nonpayment of support,
pay any specified amount of the lump-sum payment to the public authority for future support;
or

(2) shall pay the lessor of the amount of the lump-sum payment or the total amount of
the judgment and arrearages upon service by United States mail of a sworn affidavit from
the public authority or a court order that includes the following information:

(i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against
the obligor, or that other support arrearages exist;

(ii) the current balance of the judgment or arrearage; and

(iii) that a portion of the judgment or arrearage remains unpaid.

The Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b),
does not apply to lump-sum payments.

Sec. 119.

Minnesota Statutes 2016, section 617.85, is amended to read:


617.85 NUISANCE; MOTION TO CANCEL LEASE.

Where notice is provided under section 617.81, subdivision 4, that an abatement of a
nuisance is sought and the circumstances that are the basis for the requested abatement
involved the acts of a commercial or residential tenant or lessee of part or all of a building,
the owner of the building that is subject to the abatement proceeding may file before the
court that has jurisdiction over the abatement proceeding a motion to cancel the lease or
otherwise secure restitution of the premises from the tenant or lessee who has maintained
or conducted the nuisance. The owner may assign to the prosecuting attorney the right to
file this motion. In addition to the grounds provided in deleted text beginchapter 566deleted text endnew text begin sections 504B.281 to
504B.371
new text end, the maintaining or conducting of a nuisance as defined in section 617.81,
subdivision 2
, by a tenant or lessee, is an additional ground authorized by law for seeking
the cancellation of a lease or the restitution of the premises. Service of motion brought under
this section must be served in a manner that is sufficient under the Rules of Civil Procedure
and deleted text beginchapter 566deleted text endnew text begin sections 504B.281 to 504B.371new text end.

It is no defense to a motion under this section by the owner or the prosecuting attorney
that the lease or other agreement controlling the tenancy or leasehold does not provide for
eviction or cancellation of the lease upon the ground provided in this section.

Upon a finding by the court that the tenant or lessee has maintained or conducted a
nuisance in any portion of the building, the court shall order cancellation of the lease or
tenancy and grant restitution of the premises to the owner. The court must not order abatement
of the premises if the court:

(1) cancels a lease or tenancy and grants restitution of that portion of the premises to
the owner; and

(2) further finds that the act or acts constituting the nuisance as defined in section 617.81,
subdivision 2
, were committed by the tenant or lessee whose lease or tenancy has been
canceled pursuant to this section and the tenant or lessee was not committing the act or acts
in conjunction with or under the control of the owner.

Sec. 120.

Laws 2017, chapter 3, section 1, is amended to read:


Section 1. 2016 TOWNSHIP BOARD APPEALS AND EQUALIZATION COURSE
WAIVER.

If a city or town that conducts local board of appeal and equalization meetings certified
by February 1, 2016, that it was in compliance with the requirements of Minnesota Statutes,
section 274.014, subdivision 2, but no member of the local board who has attended an appeal
and equalization course training within the preceding four years attended the local board's
meeting for 2016, that local board shall have its powers reinstated for the 2017 assessment
by resolution of the governing body of the city or town, and by certifying it is in compliance
with Minnesota Statutes, section 274.014, subdivision 2. Notwithstanding new text beginMinnesota Statutes,
new text end section 274.014, subdivision 3, paragraph (a), the resolution and certification must be
provided to the county assessor by February 10, 2017, and no town's board of appeal and
equalization shall be deemed to have transferred its powers to a county if the town provides
the required resolution and certification under this section to the county assessor by that
date. For qualifying towns, a determination, made prior to enactment of this law, that the
town's local board has transferred its power for assessment year 2017 is not effective. The
county assessor must provide the required notice under Minnesota Statutes, section 274.01,
subdivision 1
, paragraph (a), to the town clerk of a qualifying town by February 25, 2017.
For purposes of this section, "qualifying town" is a town whose board is eligible to have its
powers reinstated under this section.

Sec. 121. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Terminology. new text end

new text begin In Minnesota Statutes, sections 274.01, subdivision 2;
274.13, subdivision 2; and 327C.096, the revisor of statutes shall replace the term "realtor"
with "real estate broker."
new text end

new text begin Subd. 2. new text end

new text begin Terminology. new text end

new text begin The revisor of statutes shall change the term "American Board
of Osteopathy" to "American Osteopathic Association" in Minnesota Statutes and Minnesota
Rules.
new text end

new text begin Subd. 3. new text end

new text begin Renumbering. new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes,
section 176.011, so that the subdivisions are alphabetical. The revisor shall correct any
cross-references that arise as a result of the renumbering.
new text end

new text begin Subd. 4. new text end

new text begin Erroneous reference. new text end

new text begin In each of the Minnesota Statutes sections listed in
column A, the revisor of statutes shall replace the Minnesota Rules citation referenced in
column B with the citation referenced in column C.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin Column C
new text end
new text begin 18B.07
new text end
new text begin parts 4715.2000 to 4715.2280
new text end
new text begin chapter 4714
new text end
new text begin 18C.201
new text end
new text begin parts 4715.2000 to 4715.2280
new text end
new text begin chapter 4714
new text end
new text begin 144.3855
new text end
new text begin 4715.1920
new text end
new text begin 4714.0602
new text end
new text begin 326B.42
new text end
new text begin 4715
new text end
new text begin 4714
new text end
new text begin 327.23
new text end
new text begin 4715.0310
new text end
new text begin 4714.0311
new text end

new text begin Subd. 5. new text end

new text begin Terminology. new text end

new text begin In each section of Minnesota Statutes referred to in column A,
the revisor of statutes shall change the phrase in column B to the phrase in column C. The
revisor may make technical and other necessary changes to sentence structure to preserve
the meaning of the text. The revisor shall make other changes in chapter titles; section,
subdivision, part, and subpart headnotes; and in other terminology necessary as a result of
the enactment of this section.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin Column C
new text end
new text begin 246.56, subdivision 2
new text end
new text begin disabled workers
new text end
new text begin workers with a disability
new text end
new text begin 246.57, subdivision 6
new text end
new text begin disabled persons
new text end
new text begin persons with a disability
new text end
new text begin 248.07, subdivisions 1 and 2
new text end
new text begin blind and visually disabled
persons
new text end
new text begin persons with a visual
disability or persons who are
blind
new text end
new text begin 248.07, subdivision 3
new text end
new text begin disabled youth
new text end
new text begin youth with a disability
new text end
new text begin 248.07, subdivision 3
new text end
new text begin disabled children
new text end
new text begin children with a disability
new text end
new text begin 248.07, subdivisions 4, 14a,
and 16
new text end
new text begin blind and visually disabled
persons
new text end
new text begin persons with a visual
disability or who are blind
new text end
new text begin 248.07, subdivision 5
new text end
new text begin blind or visually disabled
persons
new text end
new text begin persons who are blind or
persons with a visual
disability
new text end
new text begin 252.32, subdivision 3
new text end
new text begin the disabled child
new text end
new text begin a child with a disability
new text end
new text begin 252A.01, subdivision 1
new text end
new text begin developmentally disabled
citizens
new text end
new text begin citizens with a developmental
disability
new text end
new text begin 252A.01, subdivision 1
new text end
new text begin adult developmentally
disabled persons
new text end
new text begin adults with a developmental
disability
new text end
new text begin 252A.02, subdivisions 2, 9,
and 10
new text end
new text begin developmentally disabled
person
new text end
new text begin person with a developmental
disability
new text end
new text begin 252A.02, subdivision 11
new text end
new text begin an allegedly developmentally
disabled person
new text end
new text begin a person alleged to have a
developmental disability
new text end
new text begin 252A.03, subdivision 1
new text end
new text begin developmentally disabled
person
new text end
new text begin person with a developmental
disability
new text end
new text begin 252A.05
new text end
new text begin developmentally disabled
person
new text end
new text begin person with a developmental
disability
new text end
new text begin 252A.06, subdivision 1
new text end
new text begin developmentally disabled
person
new text end
new text begin person with a developmental
disability
new text end
new text begin 252A.101, subdivision 5
new text end
new text begin developmentally disabled
person
new text end
new text begin person with a developmental
disability
new text end
new text begin 252A.12
new text end
new text begin developmentally disabled
person
new text end
new text begin person with a developmental
disability
new text end
new text begin 252A.14
new text end
new text begin developmentally disabled
persons
new text end
new text begin persons with a developmental
disability
new text end
new text begin 253B.02, subdivision 14
new text end
new text begin developmentally disabled
person
new text end
new text begin person with a developmental
disability
new text end
new text begin 256.01, subdivision 2
new text end
new text begin disabled, dependent,
neglected, and delinquent
children
new text end
new text begin children with a disability and
children who are dependent,
neglected, or delinquent
new text end
new text begin 256.481
new text end
new text begin disabled person
new text end
new text begin person with a disability
new text end
new text begin 256.88
new text end
new text begin disabled, dependent,
neglected, and delinquent
children
new text end
new text begin children with a disability and
children who are dependent,
neglected, or delinquent
new text end
new text begin 256.91
new text end
new text begin disabled, dependent,
neglected, and delinquent
children
new text end
new text begin children with a disability and
children who are dependent,
neglected, and delinquent
new text end
new text begin 256.93, subdivision 1
new text end
new text begin developmentally disabled
new text end
new text begin child with a developmental
disability or who is
new text end
new text begin 256.975, subdivision 5
new text end
new text begin disabled persons
new text end
new text begin persons with a disability
new text end
new text begin 256.9754, subdivision 3
new text end
new text begin disabled individuals
new text end
new text begin individuals with a disability
new text end
new text begin 256.977, subdivisions 2 and
4
new text end
new text begin disabled adults
new text end
new text begin adults with a disability
new text end
new text begin 256B.04, subdivision 12
new text end
new text begin disabled population
new text end
new text begin population with a disability
new text end
new text begin 256B.0915, subdivision 1
new text end
new text begin disabled
new text end
new text begin persons with a disability
new text end
new text begin 256B.51, subdivision 1
new text end
new text begin who are physically disabled
new text end
new text begin with a physical disability or
persons
new text end
new text begin 256B.69, subdivision 23
new text end
new text begin disabled persons
new text end
new text begin persons with a disability
new text end
new text begin 256B.77, subdivision 1
new text end
new text begin disabled persons
new text end
new text begin persons with a disability
new text end
new text begin 256B.77, subdivision 7a
new text end
new text begin developmentally disabled
person
new text end
new text begin person with a developmental
disability
new text end
new text begin 256C.01
new text end
new text begin the blind, the visually
disabled, and the otherwise
physically disabled
new text end
new text begin people who are blind, or
people with a visual or
physical disability
new text end
new text begin 256C.02
new text end
new text begin blind, the visually disabled,
and the otherwise physically
disabled
new text end
new text begin people who are blind or
people with a visual or
physical disability
new text end
new text begin 256C.02
new text end
new text begin totally or partially blind,
physically disabled, or deaf
person
new text end
new text begin person who is totally or
partially blind, or person who
is deaf, or person with a
physical disability
new text end
new text begin 256C.025, subdivision 1
new text end
new text begin blind persons, visually
disabled persons, and other
physically disabled persons
new text end
new text begin people who are blind or
people with a visual or
physical disability
new text end
new text begin 256C.025, subdivision 3
new text end
new text begin blind person, visually disabled
person, or other physically
disabled person than for a
person who is not physically
disabled.
new text end
new text begin person who is blind or a
person with a visual or other
physical disability than for a
person without a physical
disability.
new text end
new text begin 256C.025, subdivision 4
new text end
new text begin totally or partially blind,
physically disabled, or deaf
person
new text end
new text begin person who is totally or
partially blind, or person who
is deaf, or person with a
physical disability
new text end
new text begin 256C.04
new text end
new text begin the disabled
new text end
new text begin people with a disability
new text end
new text begin 256C.04
new text end
new text begin disabled persons
new text end
new text begin people with a disability
new text end
new text begin 256D.051, subdivision 18
new text end
new text begin or disabled citizens
new text end
new text begin citizens or citizens with a
disability
new text end
new text begin 256D.06, subdivision 5
new text end
new text begin the disabled
new text end
new text begin people with a disability
new text end
new text begin 256D.35, subdivision 9
new text end
new text begin or disabled child
new text end
new text begin child or child with a disability
new text end
new text begin 256D.395, subdivision 2
new text end
new text begin the disabled
new text end
new text begin people with a disability
new text end
new text begin 256D.425, subdivision 2
new text end
new text begin disabled individuals
new text end
new text begin individuals with a disability
new text end
new text begin 256I.04, subdivision 1
new text end
new text begin and disabled
new text end
new text begin with a disability
new text end
new text begin 256I.06, subdivision 3
new text end
new text begin the disabled
new text end
new text begin people with a disability
new text end
new text begin 256J.67, subdivision 3
new text end
new text begin or disabled citizens
new text end
new text begin citizens or citizens with a
disability
new text end
new text begin 260B.050
new text end
new text begin physically disabled
new text end
new text begin persons with a physical
disability
new text end
new text begin 260C.007, subdivision 6
new text end
new text begin disabled infant
new text end
new text begin an infant with a disability
new text end
new text begin 260C.050
new text end
new text begin be physically disabled,
mentally ill, or
developmentally disabled
new text end
new text begin have a physical disability,
mental illness, or
developmental disability
new text end

new text begin Subd. 6. new text end

new text begin Renumbering. new text end

new text begin In each section of Minnesota Statutes referred to in column A,
the revisor of statutes shall delete the reference in column B and insert the reference in
column C.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin Column C
new text end
new text begin 256D.02, subdivision 6
new text end
new text begin 256D.05, subdivision 1,
paragraph (a), clause (10)
new text end
new text begin 256D.05, subdivision 1,
paragraph (a), clause (9)
new text end
new text begin 256D.09, subdivision 2a
new text end
new text begin 256D.05, subdivision 1,
paragraph (a), clauses (1) and
(6)
new text end
new text begin 256D.05, subdivision 1,
paragraph (a), clauses (1) and
(5)
new text end
new text begin 256I.04, subdivision 1
new text end
new text begin 256D.05, subdivision 1,
paragraph (a), clauses (1), (3),
(5) to (9), and (14)
new text end
new text begin 256D.05, subdivision 1,
paragraph (a), clauses (1), (3),
(4) to (8), and (13)
new text end

Sec. 122. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Obsolete section. new text end

new text begin Minnesota Statutes 2016, section 120B.365, new text end new text begin is repealed.
new text end

new text begin Subd. 2. new text end

new text begin Obsolete subdivision. new text end

new text begin Minnesota Statutes 2016, section 122A.245, subdivision
10,
new text end new text begin is repealed.
new text end

new text begin Subd. 3. new text end

new text begin Obsolete subdivision. new text end

new text begin Minnesota Statutes 2016, section 124D.095, subdivision
10,
new text end new text begin is repealed.
new text end

new text begin Subd. 4. new text end

new text begin Obsolete subdivision. new text end

new text begin Minnesota Statutes 2016, section 128D.055, subdivision
4,
new text end new text begin is repealed.
new text end

new text begin Subd. 5. new text end

new text begin Conflict resolution. new text end

new text begin Laws 2016, chapter 189, article 26, section 4, new text end new text begin is repealed.
new text end

new text begin Subd. 6. new text end

new text begin Conflict resolution. new text end

new text begin Laws 2015, chapter 68, article 3, section 12, new text end new text begin is repealed.
new text end

new text begin Subd. 7. new text end

new text begin Obsolete subdivision. new text end

new text begin Minnesota Statutes 2016, section 129C.30, subdivision
5,
new text end new text begin is repealed.
new text end

new text begin Subd. 8. new text end

new text begin Obsolete section. new text end

new text begin Minnesota Statutes 2016, section 290A.28, new text end new text begin is repealed.
new text end

new text begin Subd. 9. new text end

new text begin Obsolete subdivision. new text end

new text begin Minnesota Statutes 2016, section 144A.10, subdivision
8a,
new text end new text begin is repealed.
new text end

new text begin Subd. 10. new text end

new text begin Obsolete section. new text end

new text begin Minnesota Statutes 2016, section 216H.077, new text end new text begin is repealed.
new text end

new text begin Subd. 11. new text end

new text begin Conflict resolution. new text end

new text begin Laws 2014, chapter 207, section 1, new text end new text begin is repealed.
new text end

new text begin Subd. 12. new text end

new text begin Conflict resolution. new text end

new text begin Laws 2014, chapter 227, article 2, section 1, new text end new text begin is repealed.
new text end

new text begin Subd. 13. new text end

new text begin Conflict resolution. new text end

new text begin Laws 2016, chapter 135, article 4, section 9, new text end new text begin is repealed.
new text end

Sec. 123. new text beginSUPERSEDING ACTS.
new text end

new text begin Any amendments or repeals enacted in the 2017 session of the legislature to sections
also amended or repealed in this act supersede the amendments or repeals in this act,
regardless of order of enactment.
new text end

ARTICLE 2

DATA PRACTICES CROSS-REFERENCES

Section 1.

Minnesota Statutes 2016, section 13.321, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Student progress and world's best workforce data. new text end

new text begin Data practices governing
the world's best workforce under section 120B.11 and student progress data under section
120B.35 are governed by section 120B.36, subdivision 2.
new text end

Sec. 2.

Minnesota Statutes 2016, section 13.381, is amended by adding a subdivision to
read:


new text begin Subd. 19. new text end

new text begin Quality of care complaints. new text end

new text begin Quality of care complaint information gathered
under section 62D.115 is classified by section 62D.115, subdivision 4.
new text end

Sec. 3.

Minnesota Statutes 2016, section 13.383, is amended by adding a subdivision to
read:


new text begin Subd. 17. new text end

new text begin Orthotist, prosthetist, or pedorthist. new text end

new text begin Certain medical data collected by the
Board of Podiatric Medicine related to the licensure of an orthotist, prosthetist, or pedorthist
are classified by section 153B.70.
new text end

Sec. 4.

Minnesota Statutes 2016, section 13.461, is amended by adding a subdivision to
read:


new text begin Subd. 16a. new text end

new text begin Child fatality and near fatality review team. new text end

new text begin Data practices of the
commissioner of human services as part of the child fatality and near fatality review team
are governed by section 256.01, subdivision 12a.
new text end

Sec. 5.

Minnesota Statutes 2016, section 13.598, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Office of Broadband Development; deployment data. new text end

new text begin Disclosure of
deployment data provided by a broadband provider to the Office of Broadband Development
is governed by section 116J.397.
new text end

Sec. 6.

Minnesota Statutes 2016, section 13.7191, is amended by adding a subdivision to
read:


new text begin Subd. 23. new text end

new text begin Standard valuation law data. new text end

new text begin Access to data related to the standard valuation
law is governed by section 61A.25, subdivision 13.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-0206

120B.365 ASSESSMENT ADVISORY COMMITTEE.

Subdivision 1.

Establishment.

An Assessment Advisory Committee of up to 11 members selected by the commissioner is established. The commissioner must select members as follows:

(1) two superintendents;

(2) two teachers;

(3) two higher education faculty; and

(4) up to five members of the public, consisting of parents and members of the business community.

The committee must review all statewide assessments. The committee must submit its recommendations to the commissioner and to the committees of the legislature having jurisdiction over kindergarten through grade 12 education policy and budget issues. The commissioner must consider the committees' recommendations before finalizing a statewide assessment.

Subd. 2.

Expiration.

The committee expires on June 30, 2016.

122A.245 ALTERNATIVE TEACHER PREPARATION PROGRAM AND PRELIMINARY TEACHER LICENSE.

Subd. 10.

Reports.

The Board of Teaching must submit an interim report on the efficacy of this program to the policy and finance committees of the legislature with jurisdiction over kindergarten through grade 12 education by February 15, 2013, and a final report by February 15, 2015.

124D.095 ONLINE LEARNING OPTION.

Subd. 10.

Online and Digital Learning Advisory Council.

(a) An Online and Digital Learning Advisory Council is established. The term for each council member shall be three years. The advisory council is composed of 14 members from throughout the state who have demonstrated experience with or interest in online learning. Two members of the council must represent technology business. The remaining membership must represent the following interests:

(1) superintendents;

(2) special education specialists;

(3) technology directors;

(4) teachers;

(5) rural, urban, and suburban school districts;

(6) supplemental programs;

(7) full-time programs;

(8) consortia;

(9) charter schools;

(10) Board of Teaching-approved teacher preparation programs; and

(11) parents.

The members of the council shall be appointed by the commissioner.

(b) The advisory council shall bring to the attention of the commissioner and the legislature any matters related to online and digital learning. The advisory council shall provide input to the department and the legislature in online learning matters related, but not restricted, to:

(1) quality assurance;

(2) teacher qualifications;

(3) program approval;

(4) special education;

(5) attendance;

(6) program design and requirements; and

(7) fair and equal access to programs.

(c) The advisory council with the support of the Minnesota Department of Education and the Minnesota Learning Commons shall:

(1) oversee the development and maintenance of a catalog of publicly available digital learning content currently aligned to Minnesota academic standards to include:

(i) indexing of Minnesota academic standards with which curriculum is aligned;

(ii) a method for student and teacher users to provide evaluative feedback; and

(iii) a plan for ongoing maintenance; and

(2) recommend methods for including student performance data on the digital learning content within the catalog.

(d) The advisory council shall also consider and provide input to the department and legislature on digital learning matters including, but not limited to:

(1) a review and approval process to ensure the quality of online learning providers based on teacher qualifications, support for special education services, definitions of student attendance, program design, and equal access;

(2) effective use of technology and related instructional strategies to improve student outcomes and advance students' 21st century skills and knowledge;

(3) measures to determine the impact of various forms of online and digital learning in and outside of the classroom;

(4) resources to help parents, students, and schools choose among enrollment options in a transparent education system;

(5) how to personalize or differentiate learning to meet the needs, abilities, and learning styles of each student and support students' ownership of their learning so that all students are digital learners and have access to high-quality digital curriculum in every class and grade level;

(6) professional development in best practices to prepare current and future teachers, other education leaders, and other school staff to use and evaluate the effectiveness of digital tools and instructional strategies, provide personalized or differentiated instruction, and focus on competency-based learning and advancement so that all educators have a digital presence and use high-quality digital curriculum;

(7) support for collaborative efforts to leverage resources for digital instructional content and curriculum; and

(8) barriers to improving the use of classroom technology and methods to ensure that each student has access to a digital device and high-speed Internet at school and at home.

(e) The advisory council shall make policy recommendations to the commissioner and committees of the legislature having jurisdiction over kindergarten through grade 12 education annually by December 15 of each year, including implementation plans based on recommendations from previous councils and task forces related to online and digital learning.

(f) The Online and Digital Learning Advisory Council under this subdivision expires June 30, 2016.

128D.055 BOARD ELECTION DISTRICTS AND AT-LARGE MEMBERS.

Subd. 4.

Transition.

(a) A board member elected at the 2006 election shall complete the term to which the member was elected. At the 2008 election, districts with odd numbers must elect members of the board and districts with even numbers must not elect a member. Two at-large members must be elected, bringing the board to a total of nine members. At the 2010 election, districts with even numbers must elect members of the board and one at-large member must be elected.

(b) Notwithstanding subdivision 2, for the 2008 and 2010 elections, the territory in each school election district shall consist of the territory included in a corresponding Minneapolis Park Board election district.

129C.30 CROSSWINDS INTEGRATION MAGNET SCHOOL.

Subd. 5.

Pupil transportation.

(a) For fiscal year 2015 only, a member district of Joint Powers District No. 6067, East Metro Integration District, must transport pupils enrolled at the Crosswinds school in the same manner as they were transported in fiscal year 2014.

(b) Pupil transportation expenses under this section are reimbursable under section 124D.87.

144A.10 INSPECTION; COMMISSIONER OF HEALTH; FINES.

Subd. 8a.

Fine for misallocation of nursing staff.

Upon issuing a correction order to a nursing home under subdivision 4 for a violation of Minnesota Rules, part 4655.5600, because of nursing staff performing duties such as washing wheelchairs or beds of discharged residents, or other housekeeping or laundry duties not related to the direct nursing care of residents, the commissioner shall impose a civil fine of $500 per day. A fine under this subdivision accrues in accordance with subdivision 6 and is subject to subdivision 8 for purposes of recovery and hearings.

216H.077 LEGISLATIVE REVIEW.

By March 15, 2016, the commissioners of commerce and the Pollution Control Agency shall jointly submit to the senate and house committees with primary jurisdiction over energy and environmental policy for review and comment the draft plan the state is required to submit to the federal Environmental Protection Agency to comply with the proposed rule for the federal Clean Power Plan for Existing Power Plants, as published in the Federal Register on June 18, 2014, Docket No. EPA-HQ-OAR-2013-0602, or any final rule issued in that docket or federal order pertaining thereto.

290A.28 NOTIFICATION OF POTENTIAL ELIGIBILITY.

Subdivision 1.

Notification of eligibility.

(a) By September 1, 2014, the commissioner shall notify, in writing or electronically, individual homeowners whom the commissioner determines may be eligible for a homestead credit refund under this chapter for that property taxes payable year as provided in this section. In determining whether to notify a homeowner, the commissioner shall consider the property tax information available to the commissioner under paragraph (b) for the homeowner and must estimate the homeowner's household income using the most recent income information available to the commissioner from filing under this chapter for the prior year, under chapter 290 for the current or prior year, and any other income information available to the commissioner. For each homeowner, the commissioner must estimate the homestead credit refund amount under the schedule in section 290A.04, subdivision 2, using the homeowner's property tax amount and estimated household income. If the estimated homestead credit refund is at least $1,000, the commissioner must notify the homeowner of potential eligibility for the homestead credit refund. The notification must include information on how to file for the homestead credit refund. The notification requirement under this section does not apply to a homeowner who has already filed for the homestead credit refund for the current or prior year.

(b) By May 15, 2014, each county auditor shall transmit to the commissioner of revenue the following information for each property classified as a residential or agricultural homestead under section 273.13, subdivision 22 or 23:

(1) the property taxes payable;

(2) the name and address of the owner;

(3) the Social Security number or numbers of the owners; and

(4) any other information the commissioner deems necessary or useful to carry out the provisions of this section.

The information must be provided in the form and manner prescribed by the commissioner.

Subd. 2.

Reports.

(a) By March 15, 2015, the commissioner must provide a written report to the chairs and ranking minority members of the legislative committees with jurisdiction over taxes, in compliance with sections 3.195 and 3.197. The report must provide information on the number and dollar amount of homeowner property tax refund claims based on taxes payable in 2014, including:

(1) the number and dollar amount of claims projected for homestead credit refunds based on taxes payable in 2014 prior to enactment of the notification requirement in this section;

(2) the number of notifications issued as provided in this section, including the number issued by county;

(3) preliminary information on the number and dollar amount of claims for homestead credit refunds based on taxes payable in 2014; and

(4) a description of any outreach efforts undertaken by the commissioner for homestead credit refunds based on taxes payable in 2014, in addition to the notification required in this section.

(b) By February 1, 2016, the commissioner must provide a written report to the chairs and ranking minority members of the legislative committees with jurisdiction over taxes, in compliance with sections 3.195 and 3.197. The report must include the information required in paragraph (a) and must also include final information on the number and dollar amount of claims for homestead credit refunds based on taxes payable in 2014.

Repealed Minnesota Session Laws: 17-0206

Laws 2014, chapter 207, section 1 by Laws 2017, chapter 40, article 1, section 122

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Laws 2014, chapter 227, article 2, section 1 by Laws 2017, chapter 40, article 1, section 122

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Laws 2015, chapter 68, article 3, section 12 by Laws 2017, chapter 40, article 1, section 122

Sec. 12.

Minnesota Statutes 2014, section 354A.108, is amended to read:


354A.108 PAYMENT BY TEACHERS COLLECTING WORKERS' COMPENSATION.

(a) A member of the Duluth Teachers Retirement Fund Association who is receiving temporary workers' compensation payments related to the member's teaching service and who either is receiving a reduced salary from the employer or is receiving no salary from the employer is entitled to receive allowable service credit for the period of time that the member is receiving the workers' compensation payments upon making the required payment amount.

(b) The required amount payable by the member must be calculated first by determining the differential salary amount, which is the difference between the salary received, if any, during the period of time that the member is collecting workers' compensation payments, and the salary that the member received for an identical length period immediately before collecting the workers' compensation payments. The member shall pay an amount equal to the employee contribution rate under section 354A.12, subdivision 1, multiplied by the differential salary amount.

(c) If the member makes the employee payment under this section, the employing unit shall make an employer payment to the Duluth Teachers Retirement Fund Association equal to the employer contribution rate under section 354A.12, subdivision 2a, multiplied by the differential salary amount.

(d) Payments made under this subdivision are payable without interest if paid by June 30 of the year during which the workers' compensation payments are received by the member. If paid after June 30, payments made under this subdivision must include interest at the rate of 8.5 percent until June 30, 2015, and eight percent thereafter per year. Payment under this section must be completed within one year of the termination of the workers' compensation payments to the member.

Laws 2016, chapter 135, article 4, section 9 by Laws 2017, chapter 40, article 1, section 122

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Laws 2016, chapter 189, article 26, section 4 by Laws 2017, chapter 40, article 1, section 122

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