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Minnesota Legislature

Office of the Revisor of Statutes

SF 2060

as introduced - 87th Legislature (2011 - 2012) Posted on 04/23/2012 10:10am

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
2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9
2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21
2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29
2.30 2.31 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 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 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 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33
8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2
10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18
10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13
11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32
11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17
12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25
13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21
14.22 14.23 14.24
14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16
15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32
16.33 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 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 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33
20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27
21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 22.36 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 23.35 23.36 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 24.36 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17
25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 26.36 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12
27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29
28.30 28.31 28.32 28.33 28.34 28.35 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10
29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15
30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29
30.30 30.31 30.32 30.33 31.1 31.2
31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 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
33.34 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13
34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17
35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27
35.28 35.29 35.30 35.31 35.32 35.33 35.34 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34
37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 37.36 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8
38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21
39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23
40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 41.1 41.2 41.3 41.4 41.5 41.6 41.7
41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7
42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23
42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34
43.35 44.1 44.2 44.3 44.4 44.5 44.6 44.7
44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20
44.21 44.22 44.23 44.24
44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19
45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35
47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9
47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30
47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23
48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 48.36 49.1 49.2
49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12
49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22
49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31
50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19
50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 51.36 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 53.35 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14
54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18
55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 56.36 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 57.36 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 58.36 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 59.34 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 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8
61.9 61.10 61.11 61.12
61.13 61.14 61.15 61.16 61.17
61.18 61.19 61.20 61.21 61.22
61.23 61.24 61.25 61.26 61.27
61.28 61.29 61.30 61.31
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 63.30 63.31 63.32 63.33 63.34 63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17
64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 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
66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8
66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21
66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31
66.32 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

A bill for an act
relating to legislative enactments; correcting erroneous, ambiguous, and
omitted text and obsolete references; removing redundant, conflicting, and
superseded provisions; making miscellaneous corrections to laws, statutes,
and rules; amending Minnesota Statutes 2010, sections 5.25, subdivision 1;
12A.04; 12A.08, subdivision 1; 12A.09, subdivision 2; 12A.10, subdivision
1; 12A.12, subdivision 1; 13.383, subdivision 10; 13.6401, subdivision 2;
13.716, subdivision 1; 13.7191, by adding subdivisions; 13.805, subdivision
1; 60A.0811, subdivision 1; 62L.05, subdivision 13; 67A.40, subdivision
1; 82B.195, subdivision 1; 124D.09, subdivision 16; 129D.01; 144.291,
subdivision 2; 144A.01, subdivision 4; 145.883, subdivision 1; 145A.12,
subdivision 7; 145A.131, subdivision 3; 148D.061; 148D.062, subdivision 4;
148D.063, subdivision 2; 148E.100, subdivision 2a; 148E.105, subdivision 2a;
148E.106, subdivision 2a; 148E.110, subdivision 1a; 148E.115, subdivision
1a; 148E.130, subdivision 1a; 171.306, subdivision 7; 204B.04, subdivision 3;
204B.07, subdivision 1; 204B.11, subdivision 2; 204B.13, subdivision 6; 205.02,
subdivision 2; 205A.06, subdivision 1; 214.01, subdivision 2; 216B.1694,
subdivision 2; 245.4835, subdivision 1; 256B.0625, subdivision 19c; 256B.0755,
subdivision 1; 256B.094, subdivision 6; 256B.69, subdivision 20; 256B.75;
256J.49, subdivision 4; 256L.12, subdivision 6; 270B.14, subdivision 11;
273.1392; 282.08; 297I.06, subdivision 2; 298.018; 299L.03, subdivision 1;
349.15, subdivision 2; 349.151, subdivisions 2, 4a; 349.166, subdivision 1;
352.01, subdivision 11; 352D.05, subdivision 3; 353.46, subdivision 6; 390.32,
subdivision 9; 609.131, subdivision 2; Minnesota Statutes 2011 Supplement,
sections 12A.05, subdivision 1; 12A.06, subdivision 1; 12A.07, subdivision
1; 60A.206, subdivision 3; 122A.41, subdivision 5; 123B.75, subdivision 5;
124D.10, subdivision 15; 127A.441; 176.307; 256B.021, subdivision 4; 268.035,
subdivision 29; 270C.991, subdivision 4; 297A.668, subdivision 7; 297A.70,
subdivision 3; 297A.75, subdivision 1; 349.15, subdivision 1; 353.6511,
subdivisions 2, 7; 353.667, subdivision 8; 353.668, subdivision 8; 402A.35,
subdivision 4; 515B.1-102; 515B.3-105; 515B.3-1151; Laws 2011, First Special
Session chapter 8, article 7, section 19; repealing Minnesota Statutes 2010,
sections 62Q.10; 148C.04, subdivision 3; 326B.82, subdivision 1; Laws 2011,
chapter 22, article 1, section 1; Laws 2011, First Special Session chapter 9, article
6, section 87; Minnesota Rules, part 4604.0600, subpart 2.

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

ARTICLE 1

MISCELLANEOUS CORRECTIONS

Section 1.

Minnesota Statutes 2010, section 5.25, subdivision 1, is amended to read:


Subdivision 1.

Who may be served.

A process, notice, or demand required or
permitted by law to be served upon an entity governed by chapter 221, 302A, 303, 317A,
321, 322B, deleted text begin323deleted text endnew text begin 323Anew text end, 330, 540, or 543 may be served on: (1) the registered agent, if any;
(2) if no agent has been appointed then on an officer, manager, or general partner of the
entity; or (3) if no agent, officer, manager, or general partner can be found at the address
on file with the secretary of state, the secretary of state as provided in this section.

Sec. 2.

Minnesota Statutes 2010, section 12A.04, is amended to read:


12A.04 AGRICULTURE.

The commissionernew text begin of agriculturenew text end may use state appropriations for disaster assistance.
The commissioner, in consultation with the chairs of the house of representatives and
senate committees with responsibility for agriculture finance, must develop eligibility
criteria to distribute disaster assistance to affected agricultural producers according to
need. Assistance may be provided for, but is not limited to, the following: livestock
investment grants, organic certification assistance, forage production loss offsets for
livestock producers, no-interest disaster recovery loans, other costs related to the disaster,
and mental health counseling support to farm families and business operators through farm
business management programs. To be eligible for disaster assistance under this section, a
producer must operate an agricultural operation in the disaster area.

Sec. 3.

Minnesota Statutes 2011 Supplement, section 12A.05, subdivision 1, is
amended to read:


Subdivision 1.

Reinvest in Minnesota (RIM) conservation easements.

The Board
new text begin of Water and Soil Resources (board) new text endmay use appropriations to acquire easements from
landowners on marginal or damaged lands in the disaster area to provide flood attenuation,
to restore and protect soil and water resources, and to support related fish and wildlife
habitat as provided in section 103F.515.

The board may use appropriations, as provided in law, to implement the program.

Sec. 4.

Minnesota Statutes 2011 Supplement, section 12A.06, subdivision 1, is
amended to read:


Subdivision 1.

Disaster enrollment impact aid.

new text beginAs used in this section,
"commissioner" means the commissioner of education.
new text endThe commissioner may pay
disaster enrollment impact aid to a school district in an amount set in law times the number
of adjusted pupil units lost as a result of the disaster. An eligible district must provide to
the commissioner documentation of the number of pupils in average daily membership
lost by grade level as a result of the disaster.

Sec. 5.

Minnesota Statutes 2011 Supplement, section 12A.07, subdivision 1, is
amended to read:


Subdivision 1.

Minnesota investment fund.

new text beginAs used in this section,
"commissioner" means the commissioner of employment and economic development.
new text endThe
commissioner may use state appropriations for grants to local units of government for
locally administered grants or loan programs as provided in this section for assistance to
eligible organizations directly and adversely affected by the disaster. Funds may be used
only to address physical damage to buildings and such personal property as machinery,
equipment, fixtures, and furniture. A loan may not duplicate or replace equivalent
assistance available from insurance, other organizations, or government agencies.

Sec. 6.

Minnesota Statutes 2010, section 12A.08, subdivision 1, is amended to read:


Subdivision 1.

Commissioner responsibilities.

new text beginAs used in this section,
"commissioner" means the commissioner of health.
new text endIn disaster-affected communities, the
commissioner may provide for necessary assessment and evaluation of the following:
access to health care; mental health concerns and needs; infectious disease concerns;
indoor environments of public and nonprofit buildings and facilities including nursing
homes and mass care facilities; food safety, lodging and shelter; public swimming pools;
community and other drinking water systems; and private drinking water supply wells.

Sec. 7.

Minnesota Statutes 2010, section 12A.09, subdivision 2, is amended to read:


Subd. 2.

Assistance.

Within the limits of state appropriations, assistance is provided
to homeowners and rental property owners as forgivable loans up to a maximum set in
law. Loans may be used for capital improvements to housing damaged by the disaster,
including rehabilitation, replacement on the owner's site, or replacement on a different
site within the disaster area. Loans are forgiven for owner-occupied housing if the home
remains the borrower's primary residence for a period of time determined by thenew text begin housing
finance
new text end agency to encourage continued residence in the community after the date of the
loan. Loans are forgiven for rental properties if the rents remain affordable to the local
work force for at least ten years after the date of the loan. The new text beginhousing finance new text endagency
may set income limits in excess of the limits established in section 462A.33, subdivision
5
. Eligible applicants for assistance under this subdivision must apply for and accept
assistance from federal programs.

Sec. 8.

Minnesota Statutes 2010, section 12A.10, subdivision 1, is amended to read:


Subdivision 1.

Costs eligible for payment.

new text beginAs used in this section, "commissioner"
means the commissioner of human services.
new text endNotwithstanding the limitations of section
12A.01 and the requirement in section 12A.03 that all appropriations must be used to assist
with recovery, the commissioner may pay parties under contract, provider agreement, or
other arrangement with the commissioner as of the date of a natural disaster, or the date
when action was taken in anticipation of a possible natural disaster or other event that
threatens the health and safety of individuals served by a program that receives funding
from medical assistance for the costs of evacuation, transportation, medical, remedial, or
personal care services provided to vulnerable residents. Costs eligible for payment under
this section are those necessary to ensure the health and safety of medical assistance
recipients during and up to 60 days following the disaster. Only costs that are not already
paid for by another source are eligible. The commissioner may make payments for
documented incremental costs incurred by a party, may determine an estimate of the
costs at the sole discretion of the commissioner, or may use a combination of these two
methods. If after receiving payment from the commissioner for a documented cost, the
provider is able to acquire payment from another source for that cost, the provider shall
reimburse the commissioner in the amount paid.

Sec. 9.

Minnesota Statutes 2010, section 12A.12, subdivision 1, is amended to read:


Subdivision 1.

Facility and natural resource damage.

new text beginAs used in this section,
"commissioner" means the commissioner of natural resources.
new text endThe commissioner may use
state appropriations to rehabilitate and replace state facilities damaged by the disaster and
to restore natural resources in the disaster area.

Sec. 10.

Minnesota Statutes 2010, section 60A.0811, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section:

(1) "insurance policy" means a commercial or professional insurance policy or
contract other than:

(i) a workers' compensation insurance policy or contract;

(ii) a health insurance policy or contract issued, executed, renewed, maintained, or
delivered in this state by a health carrier as defined in section 62A.011, subdivision 2;

(iii) a life insurance or disability insurance policy or contract; or

(iv) a policy or contract issued by a township mutual fire insurance company deleted text beginor
farmers mutual fire insurance company
deleted text end operating under chapter 65A deleted text beginor 67Adeleted text end;

(2) "insured" means any named insured, additional insured, or insured under an
insurance policy; and

(3) "insurer" means an insurer:

(i) incorporated or organized in this state; or

(ii) admitted, authorized, or licensed to do business or doing business in this state but
not incorporated or organized in this state. Insurer does not include the joint underwriting
association operating under chapter 62F or 62I; or a township mutual fire insurance
company deleted text beginor farmers mutual fire insurance companydeleted text end operating under chapter 65A deleted text beginor 67Adeleted text end.

Sec. 11.

Minnesota Statutes 2011 Supplement, section 60A.206, subdivision 3, is
amended to read:


Subd. 3.

Standards to be met by insurers.

(a) The commissioner shall recognize
the insurer as an eligible surplus lines insurer when satisfied that the insurer is in a stable,
unimpaired financial condition and that the insurer is qualified to provide coverage in
compliance with sections 60A.195 to 60A.209. If filed with full supporting documentation
before July 1 of any year, applications submitted under subdivision 2 shall be acted upon
by the commissioner before December 31 of the year of submission.

(b) The commissioner shall not authorize a foreign insurer as an eligible surplus
lines insurer unless the insurer:

(1) is domiciled within a United States jurisdiction and authorized to write the type
of insurance in its domiciliary jurisdiction; and

(2) deleted text beginqualifies under one of the following items:
deleted text end

deleted text begin (i)deleted text end has capital and surplus or its equivalent under the laws of its domiciliary
jurisdiction which equals the greater of:

deleted text begin (A)deleted text endnew text begin (i)new text end the minimum capital and surplus requirements under the laws of Minnesota;
or

deleted text begin (B)deleted text endnew text begin (ii)new text end $15,000,000deleted text begin; ordeleted text endnew text begin .
new text end

deleted text begin (ii)deleted text end The requirements of item (i)deleted text begin(A)deleted text end may be satisfied by an insurer's possessing less
than the minimum capital and surplus upon an affirmative finding of acceptability by the
commissioner. The finding shall be based upon factors such as quality of management,
capital and surplus of any parent company, company underwriting profit and investment
income trends, market availability, and company record and reputation within the industry.
In no event shall the commissioner make an affirmative finding of acceptability when the
surplus lines insurer's capital and surplus is less than $4,500,000.

(c) Eligible surplus lines insurers domiciled within the United States shall file an
annual statement and an annual financial audit, under the terms and conditions of section
60A.13, subdivisions 1, 3a, and 6, and are subject to the penalties of section 72A.061,
and are subject to section 60A.03, subdivision 5, in regard to those requirements. The
commissioner also has the powers provided in section 60A.13, subdivision 2, in regard
to eligible surplus lines insurers.

(d) Eligible surplus lines insurers domiciled outside the United States shall file
an annual statement on the standard nonadmitted insurers information office financial
reporting format as prescribed by the National Association of Insurance Commissioners
and an annual financial audit performed by an independent accounting firm. The
commissioner shall not prohibit a surplus lines broker from placing nonadmitted insurance
with, or procuring nonadmitted insurance from, an alien insurer that is included on the
Quarterly Listing of Alien Insurers maintained by the National Association of Insurance
Commissioners International Insurers Department.

Sec. 12.

Minnesota Statutes 2010, section 62L.05, subdivision 13, is amended to read:


Subd. 13.

Notice of plan availability.

Each health carrier in the small employer
market must provide information to small employers regarding the availability of the plans
described in subdivisions 2 and 3, and in section deleted text begin62L.056deleted text endnew text begin 62Q.188new text end. At a minimum, each
health carrier must provide information describing the plans and their availability:

(1) displayed with other small employer product information on the health carrier's
public Web site; and

(2) delivered to each small employer currently insured by the health carrier at the
time of the small employer's renewal, at the same time and in the same manner as the
small employer's renewal information.

Sec. 13.

Minnesota Statutes 2010, section 67A.40, subdivision 1, is amended to read:


Subdivision 1.

Organization and purpose.

Not less than six duly licensed township
mutual fire insurance companies deleted text beginor farmers mutual fire insurance companiesdeleted text end may organize
a mutual association for the purpose of reinsuring any part or all of any risk or risks,
written by any of the member companies.

Sec. 14.

Minnesota Statutes 2010, section 82B.195, subdivision 1, is amended to read:


Subdivision 1.

Compliance with uniform standards of professional appraisal
practice.

In addition to an act compelled or prohibited by this chapter, an appraiser
must act according to the standards of professional appraisal practice defined in section
82B.021, subdivision deleted text begin31deleted text endnew text begin 26new text end.

Sec. 15.

Minnesota Statutes 2011 Supplement, section 122A.41, subdivision 5, is
amended to read:


Subd. 5.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop an
annual teacher evaluation and peer review process for probationary and nonprobationary
teachers through joint agreement. If a school board and the exclusive representative of
the teachers in the district do not agree to an annual teacher evaluation and peer review
process, then the school board and the exclusive representative of the teachers must
implement the plan for evaluation and review developed under paragraph (c). The process
must include having trained observers serve as peer coaches or having teachers participate
in professional learning communities, consistent with paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation process for
teachers:

(1) must, for probationary teachers, provide for all evaluations required under
subdivision deleted text begin5deleted text endnew text begin 2new text end;

(2) must establish a three-year professional review cycle for each teacher that
includes an individual growth and development plan, a peer review process, the
opportunity to participate in a professional learning community under paragraph (a), and
at least one summative evaluation performed by a qualified and trained evaluator such
as a school administrator;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and
122A.61 with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and
teacher collaboration;

(6) may include mentoring and induction programs;

(7) must include an option for teachers to develop and present a portfolio
demonstrating evidence of reflection and professional growth, consistent with section
122A.18, subdivision 4, paragraph (b), and include teachers' own performance assessment
based on student work samples and examples of teachers' work, which may include video
among other activities for the summative evaluation;

(8) must use an agreed upon teacher value-added assessment model for the grade
levels and subject areas for which value-added data are available and establish state
or local measures of student growth for the grade levels and subject areas for which
value-added data are not available as a basis for 35 percent of teacher evaluation results;

(9) must use longitudinal data on student engagement and connection and other
student outcome measures explicitly aligned with the elements of curriculum for which
teachers are responsible;

(10) must require qualified and trained evaluators such as school administrators to
perform summative evaluations;

(11) must give teachers not meeting professional teaching standards under clauses
(3) through (10) support to improve through a teacher improvement process that includes
established goals and timelines; and

(12) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (11) that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43.

(c) The department, in consultation with parents who may represent parent
organizations and teacher and administrator representatives appointed by their respective
organizations, representing the Board of Teaching, the Minnesota Association of School
Administrators, the Minnesota School Boards Association, the Minnesota Elementary
and Secondary Principals Associations, Education Minnesota, and representatives of
the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
in teacher evaluation, must create and publish a teacher evaluation process that complies
with the requirements in paragraph (b) and applies to all teachers under this section and
section deleted text begin122A.41deleted text endnew text begin 122A.40new text end for whom no agreement exists under paragraph (a) for an annual
teacher evaluation and peer review process. The teacher evaluation process created under
this subdivision does not create additional due process rights for probationary teachers
under subdivision deleted text begin5deleted text endnew text begin 2new text end.

Sec. 16.

Minnesota Statutes 2011 Supplement, section 123B.75, subdivision 5, is
amended to read:


Subd. 5.

Levy recognition.

(a) For fiscal years 2009 and 2010, in June of each
year, the school district must recognize as revenue, in the fund for which the levy was
made, the lesser of:

(1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section 126C.13, subdivision
4
, received in July and August of that calendar year; or

(2) the sum of:

(i) 31 percent of the referendum levy certified according to section 126C.17, in
calendar year 2000; and

(ii) the entire amount of the levy certified in the prior calendar year according to
section 124D.86, subdivision 4, for school districts receiving revenue under sections
124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph
(a), and 3
, paragraphs (b), (c), and (d); 126C.43, subdivision 2; deleted text begin126C.457;deleted text end and 126C.48,
subdivision 6
; plus

(iii) zero percent of the amount of the levy certified in the prior calendar year for the
school district's general and community service funds, plus or minus auditor's adjustments,
not including the levy portions that are assumed by the state, that remains after subtracting
the referendum levy certified according to section 126C.17 and the amount recognized
according to item (ii).

(b) For fiscal year 2011 and later years, in June of each year, the school district must
recognize as revenue, in the fund for which the levy was made, the lesser of:

(1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section 126C.13, subdivision
4, received in July and August of that calendar year; or

(2) the sum of:

(i) the greater of 48.6 percent of the referendum levy certified according to section
126C.17 in the prior calendar year, or 31 percent of the referendum levy certified
according to section 126C.17 in calendar year 2000; plus

(ii) the entire amount of the levy certified in the prior calendar year according to
section 124D.4531, 124D.86, subdivision 4, for school districts receiving revenue under
sections 124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2,
paragraph (a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; and 126C.48,
subdivision 6; plus

(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
school district's general and community service funds, plus or minus auditor's adjustments,
that remains after subtracting the referendum levy certified according to section 126C.17
and the amount recognized according to item (ii).

Sec. 17.

Minnesota Statutes 2010, section 124D.09, subdivision 16, is amended to read:


Subd. 16.

Financial arrangements for courses provided according to
agreements.

(a) The agreement between a board and the governing body of a public
postsecondary system or private postsecondary institution shall set forth the payment
amounts and arrangements, if any, from the board to the postsecondary institution. No
payments shall be made by the department according to subdivision 13 deleted text beginor 15deleted text end. For the
purpose of computing state aids for a district, a pupil enrolled according to subdivision
10 shall be counted in the average daily membership of the district as though the pupil
were enrolled in a secondary course that is not offered in connection with an agreement.
Nothing in this subdivision shall be construed to prohibit a public postsecondary system
or private postsecondary institution from receiving additional state funding that may
be available under any other law.

(b) If a course is provided under subdivision 10, offered at a secondary school, and
taught by a secondary teacher, the postsecondary system or institution must not require a
payment from the school board that exceeds the cost to the postsecondary institution that
is directly attributable to providing that course.

Sec. 18.

Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 15,
is amended to read:


Subd. 15.

Review and comment.

(a) The authorizer shall provide a formal written
evaluation of the school's performance before the authorizer renews the charter contract.
The department must review and comment on the authorizer's evaluation process at the
time the authorizer submits its application for approval and each time the authorizer
undergoes its five-year review under subdivision 3, paragraph deleted text begin(e)deleted text endnew text begin (i)new text end.

(b) An authorizer shall monitor and evaluate the fiscal, operational, and student
performance of the school, and may for this purpose annually assess a charter school
a fee according to paragraph (c). The agreed-upon fee structure must be stated in the
charter school contract.

(c) The fee that each charter school pays to an authorizer each year is the greater of:

(1) the basic formula allowance for that year; or

(2) the lesser of:

(i) the maximum fee factor times the basic formula allowance for that year; or

(ii) the fee factor times the basic formula allowance for that year times the charter
school's adjusted marginal cost pupil units for that year. The fee factor equals .005 in fiscal
year 2010, .01 in fiscal year 2011, .013 in fiscal year 2012, and .015 in fiscal years 2013
and later. The maximum fee factor equals 1.5 in fiscal year 2010, 2.0 in fiscal year 2011,
3.0 in fiscal year 2012, and 4.0 in fiscal years 2013 and later.

(d) The department and any charter school it charters must not assess or pay a fee
under paragraphs (b) and (c).

(e) For the preoperational planning period, the authorizer may assess a charter school
a fee equal to the basic formula allowance.

(f) By September 30 of each year, an authorizer shall submit to the commissioner
a statement of expenditures related to chartering activities during the previous school
year ending June 30. A copy of the statement shall be given to all schools chartered by
the authorizer.

Sec. 19.

Minnesota Statutes 2011 Supplement, section 127A.441, is amended to read:


127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE.

(a) Each year, the state aids payable to any school district for that fiscal year that are
recognized as revenue in the school district's general and community service funds shall
be adjusted by an amount equal to (1) the amount the district recognized as revenue for the
prior fiscal year pursuant to section 123B.75, subdivision 5, paragraph (a) or (b), minus (2)
the amount the district recognized as revenue for the current fiscal year pursuant to section
123B.75, subdivision 5, paragraph (a) or (b). For purposes of making the aid adjustments
under this section, the amount the district recognizes as revenue for either the prior fiscal
year or the current fiscal year pursuant to section 123B.75, subdivision 5, paragraph (b),
shall not include any amount levied pursuant to section 124D.86, subdivision 4, for school
districts receiving revenue under sections 124D.86, subdivision 3, clauses (1), (2), and (3);
126C.41, subdivisions 1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2;
deleted text begin 126C.457;deleted text end and 126C.48, subdivision 6. Payment from the permanent school fund shall
not be adjusted pursuant to this section.

(b) The commissioner shall schedule the timing of the adjustments under paragraph
(a) as close to the end of the fiscal year as possible.

The school district shall be notified of the amount of the adjustment made to each
payment pursuant to this section.

Sec. 20.

Minnesota Statutes 2010, section 129D.01, is amended to read:


129D.01 DEFINITIONS.

As used in this chapter, the following terms shall have the definitions given them:

(a) "arts" means activities resulting in the artistic creation or artistic performance
of works of the imagination. Artistic activities include but are not limited to the
following forms: music, dance, drama, folk art, architecture and allied fields, painting,
sculpture, photography, graphic and craft arts, costume and fashion design, motion
pictures, television, radio, tape and sound recording, activities related to the presentation,
performance, execution, and exhibition of the art forms, and the study of the arts and
their application to the human environment;

(b) "board" means the Board of the Arts;

(c) "director" means the executive director of the board;

(d) "sponsoring organization" means an association, corporation or other group of
persons (1) providing an opportunity for citizens of the state to participate in the creation,
performance or appreciation of the arts and (2) qualifying as a tax-exempt organization
within the meaning of section 290.05, subdivision deleted text begin1deleted text enddeleted text begin, clause (i)deleted text endnew text begin 2new text end; and

(e) "regional arts council" means an autonomous grassroots organization designated
by the board to make final decisions on the use of appropriations for local or regional
arts development.

Sec. 21.

Minnesota Statutes 2010, section 144.291, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For the purposes of sections 144.291 to 144.298, the following
terms have the meanings given.

(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

(b) "Health information exchange" means a legal arrangement between health care
providers and group purchasers to enable and oversee the business and legal issues
involved in the electronic exchange of health records between the entities for the delivery
of patient care.

(c) "Health record" means any information, whether oral or recorded in any form or
medium, that relates to the past, present, or future physical or mental health or condition of
a patient; the provision of health care to a patient; or the past, present, or future payment
for the provision of health care to a patient.

(d) "Identifying information" means the patient's name, address, date of birth,
gender, parent's or guardian's name regardless of the age of the patient, and other
nonclinical data which can be used to uniquely identify a patient.

(e) "Individually identifiable form" means a form in which the patient is or can be
identified as the subject of the health records.

(f) "Medical emergency" means medically necessary care which is immediately
needed to preserve life, prevent serious impairment to bodily functions, organs, or parts,
or prevent placing the physical or mental health of the patient in serious jeopardy.

(g) "Patient" means a natural person who has received health care services from a
provider for treatment or examination of a medical, psychiatric, or mental condition, the
surviving spouse and parents of a deceased patient, or a person the patient appoints in
writing as a representative, including a health care agent acting according to chapter 145C,
unless the authority of the agent has been limited by the principal in the principal's health
care directive. Except for minors who have received health care services under sections
144.341 to 144.347, in the case of a minor, patient includes a parent or guardian, or a
person acting as a parent or guardian in the absence of a parent or guardian.

(h) "Provider" means:

(1) any person who furnishes health care services and is regulated to furnish the
services under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 150A,
151, 153, or 153A;

(2) a home care provider licensed under section 144A.46;

(3) a health care facility licensed under this chapter or chapter 144A;new text begin and
new text end

(4) a physician assistant registered under chapter 147Adeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (5) an unlicensed mental health practitioner regulated under sections 148B.60 to
148B.71.
deleted text end

(i) "Record locator service" means an electronic index of patient identifying
information that directs providers in a health information exchange to the location of
patient health records held by providers and group purchasers.

(j) "Related health care entity" means an affiliate, as defined in section 144.6521,
subdivision 3
, paragraph (b), of the provider releasing the health records.

Sec. 22.

Minnesota Statutes 2010, section 144A.01, subdivision 4, is amended to read:


Subd. 4.

Controlling person.

"Controlling person" means any public body,
governmental agency, business entity, officer, nursing home administrator, or director
whose responsibilities include the direction of the management or policies of a nursing
home. "Controlling person" also means any person who, directly or indirectly, beneficially
owns any interest in:

(a) Any corporation, partnership or other business association which is a controlling
person;

(b) The land on which a nursing home is located;

(c) The structure in which a nursing home is located;

(d) Any mortgage, contract for deed, or other obligation secured in whole or part by
the land or structure comprising a nursing home; or

(e) Any lease or sublease of the land, structure, or facilities comprising a nursing
home.

"Controlling person" does not include:

(a) A bank, savings bank, trust company, savings association, credit union, industrial
loan and thrift company, investment banking firm, or insurance company unless the entity
directly or through a subsidiary operates a nursing home;

(b) An individual state official or state employee, or a member or employee of the
governing body of a political subdivision of the state which operates one or more nursing
homes, unless the individual is also an officer or director of a nursing home, receives any
remuneration from a nursing home, or owns any of the beneficial interests not excluded
in this subdivision;

(c) A natural person who is a member of a tax-exempt organization under section
290.05, deleted text beginsubdivision 1, clause (i)deleted text endnew text begin subdivision 2new text end, unless the individual is also an officer or
director of a nursing home, or owns any of the beneficial interests not excluded in this
subdivision; and

(d) A natural person who owns less than five percent of the outstanding common
shares of a corporation:

(1) whose securities are exempt by virtue of section 80A.45, clause (6); or

(2) whose transactions are exempt by virtue of section 80A.46, clause (7).

Sec. 23.

Minnesota Statutes 2010, section 145.883, subdivision 1, is amended to read:


Subdivision 1.

Scope.

For purposes of sections deleted text begin145.881 todeleted text endnew text begin 145.882 andnew text end 145.883, the
terms defined in this section shall have the meanings given them.

Sec. 24.

Minnesota Statutes 2010, section 145A.12, subdivision 7, is amended to read:


Subd. 7.

Statewide outcomes.

(a) The commissioner, in consultation with the State
Community Health Advisory Committee established under section 145A.10, subdivision
10
, paragraph (a), shall establish statewide outcomes for local public health grant funds
allocated to community health boards between January 1, 2004, and December 31, 2005.

(b) At least one statewide outcome must be established in each of the following
public health areas:

(1) preventing diseases;

(2) protecting against environmental hazards;

(3) preventing injuries;

(4) promoting healthy behavior;

(5) responding to disasters; and

(6) ensuring access to health services.

(c) The commissioner shall use Minnesota's public health goals established under
section 62J.212 and the essential public health services under section 145A.10, subdivision
5a
, as a basis for the development of statewide outcomes.

(d) The statewide maternal and child health outcomes established under section
145.8821 shall be included as statewide outcomes under this section.

(e) By December 31, 2004, and every five years thereafter, the commissioner, in
consultation with the State Community Health Advisory Committee established under
section 145A.10, subdivision 10, paragraph (a), deleted text beginand the Maternal and Child Health
Advisory Task Force established under section 145.881,
deleted text end shall develop statewide outcomes
for the local public health grant established under section 145A.131, based on state
and local assessment data regarding the health of Minnesota residents, the essential
public health services under section 145A.10, and current Minnesota public health goals
established under section 62J.212.

Sec. 25.

Minnesota Statutes 2010, section 145A.131, subdivision 3, is amended to read:


Subd. 3.

Accountability.

(a) Community health boards accepting local public health
grants must document progress toward the statewide outcomes established in section
145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.

(b) In determining whether or not the community health board is documenting
progress toward statewide outcomes, the commissioner shall consider the following
factors:

(1) whether the community health board has documented progress to meeting
essential local activities related to the statewide outcomes, as specified in the grant
agreement;

(2) the effort put forth by the community health board toward the selected statewide
outcomes;

(3) whether the community health board has previously failed to document progress
toward selected statewide outcomes under this section;

(4) the amount of funding received by the community health board to address the
statewide outcomes; and

(5) other factors as the commissioner may require, if the commissioner specifically
identifies the additional factors in the commissioner's written notice of determination.

(c) If the commissioner determines that a community health board has not by
the applicable deadline documented progress toward the selected statewide outcomes
established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall
notify the community health board in writing and recommend specific actions that the
community health board should take over the following 12 months to maintain eligibility
for the local public health grant.

(d) During the 12 months following the written notification, the commissioner shall
provide administrative and program support to assist the community health board in
taking the actions recommended in the written notification.

(e) If the community health board has not taken the specific actions recommended by
the commissioner within 12 months following written notification, the commissioner may
determine not to distribute funds to the community health board under section 145A.12,
subdivision 2
, for the next fiscal year.

(f) If the commissioner determines not to distribute funds for the next fiscal year, the
commissioner must give the community health board written notice of this determination
and allow the community health board to appeal the determination in writing.

(g) If the commissioner determines not to distribute funds for the next fiscal year
to a community health board that has not documented progress toward the statewide
outcomes and not taken the actions recommended by the commissioner, the commissioner
may retain local public health grant funds that the community health board would have
otherwise received and directly carry out essential local activities to meet the statewide
outcomes, or contract with other units of government or community-based organizations
to carry out essential local activities related to the statewide outcomes.

(h) If the community health board that does not document progress toward the
statewide outcomes is a city, the commissioner shall distribute the local public health
funds that would have been allocated to that city to the county in which the city is located,
if that county is part of a community health board.

(i) The commissioner shall establish a reporting system by which community health
boards will document their progress toward statewide outcomes. This system will be
developed in consultation with the State Community Health Services Advisory Committee
established in section 145A.10, subdivision 10, paragraph (a)deleted text begin, and the Maternal and Child
Health Advisory Committee established in section 145.881
deleted text end.

Sec. 26.

Minnesota Statutes 2010, section 171.306, subdivision 7, is amended to read:


Subd. 7.

Venue.

In addition to the provisions of Rule 24 of the Rules of Criminal
Procedure and section 627.01, a violation of subdivision 6 or section 171.09, subdivision
1, paragraph deleted text begin(e)deleted text endnew text begin (g)new text end, may be prosecuted in:

(1) the county in which the vehicle involved in the offense is found;

(2) the county in which the accused resides;

(3) any county through which the vehicle traveled in the course of the trip during or
after which the offense was committed; or

(4) the county in which the impaired driving incident occurred, which resulted in the
accused being issued a driver's license with an ignition interlock restriction.

Sec. 27.

Minnesota Statutes 2011 Supplement, section 176.307, is amended to read:


176.307 COMPENSATION JUDGES; BLOCK SYSTEM.

The chief administrative law judge may assign workers' compensation cases to
compensation judges using a block system type of assignment that, among other things,
ensures that a case will remain with the same judge from commencement to conclusion,
except that the judge must be removed from the case when:

(1) a party exercises a legal right to do so;

(2) the judge is incapacitated or is otherwise unable to hold a hearing; or

(3) assignment of a different judge is required by section 176.106, subdivision 7;
176.238, subdivision 6; new text beginor new text end176.305, subdivision 1adeleted text begin;deleted text endnew text begin,new text end or the Minnesota Code of Judicial
Conduct.

The block system shall be the preferred means of assigning cases, but it may be
supplemented by other systems of case assignment to ensure that cases are timely decided.

Sec. 28.

Minnesota Statutes 2010, section 204B.04, subdivision 3, is amended to read:


Subd. 3.

Nomination for nonpartisan office.

No individual shall be nominated
by nominating petition for any nonpartisan office deleted text beginexcept in the event of a vacancy in
nomination as provided in section 204B.13
deleted text end.

Sec. 29.

Minnesota Statutes 2010, section 204B.07, subdivision 1, is amended to read:


Subdivision 1.

Form of petition.

A nominating petition may consist of one or more
separate pages each of which shall state:

(a) the office sought;

(b) the candidate's name and residence address, including street and number if
any; and

(c) the candidate's political party or political principle expressed in not more than
three words. No candidate who files for a partisan office by nominating petition shall use
the term "nonpartisan" as a statement of political principle or the name of the candidate's
political party. No part of the name of a major political party may be used to designate the
political party or principle of a candidate who files for a partisan office by nominating
petition, except that the word "independent" may be used to designate the party or
principle. A candidate who files deleted text beginby nominating petitiondeleted text endnew text begin an affidavit of candidacynew text end to fill a
vacancy in nomination for a nonpartisan office pursuant to section 204B.13, shall not state
any political principle or the name of any political party on the petition.

Sec. 30.

Minnesota Statutes 2010, section 204B.11, subdivision 2, is amended to read:


Subd. 2.

Petition in place of filing fee.

At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. The petition may
be signed by any individual eligible to vote for the candidate. A nominating petition filed
pursuant to section 204B.07 deleted text beginor 204B.13, subdivision 4,deleted text end is effective as a petition in place of
a filing fee if the nominating petition includes a prominent statement informing the signers
of the petition that it will be used for that purpose.

The number of signatures on a petition in place of a filing fee shall be as follows:

(a) for a state office voted on statewide, or for president of the United States, or
United States senator, 2,000;

(b) for a congressional office, 1,000;

(c) for a county or legislative office, or for the office of district judge, 500; and

(d) for any other office which requires a filing fee as prescribed by law, municipal
charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
votes cast in the municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.

An official with whom petitions are filed shall make sample forms for petitions in
place of filing fees available upon request.

Sec. 31.

Minnesota Statutes 2010, section 204B.13, subdivision 6, is amended to read:


Subd. 6.

Vacancy after deadline.

If a candidate withdraws after the 16th day before
the general election but before four days before the general election, the secretary of state
shall instruct the election judges to strike the name of the withdrawn candidate from the
general election ballot and shall substitute no other candidate's name. Filing officers may
not accept a nomination certificate for filing to fill a vacancy in nomination resulting from
the filing of an affidavit of withdrawal by a candidate after the 14th day before the general
election. deleted text beginVacancies occurring through death or catastrophic illness after the 16th day
before the general election are governed by section 204B.41.
deleted text end

Sec. 32.

Minnesota Statutes 2010, section 205.02, subdivision 2, is amended to read:


Subd. 2.

City elections.

In all statutory and home rule charter cities, the primary,
general and special elections held for choosing city officials and deciding public questions
relating to the city shall be held as provided in this chapter, except that sections 205.065,
subdivisions 4 to deleted text begin7deleted text endnew text begin 6new text end
; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivisions 2
and 3
, do not apply to a city whose charter provides the manner of holding its primary,
general or special elections.

Sec. 33.

Minnesota Statutes 2010, section 205A.06, subdivision 1, is amended to read:


Subdivision 1.

Affidavit of candidacy.

An individual who is eligible and desires to
become a candidate for an office to be voted on at the election must file an affidavit of
candidacy with the school district clerk. The affidavit must be in substantially the same
form as that in section 204B.06, subdivision 1. The school district clerk shall also accept
an application signed by at least five voters and filed on behalf of an eligible voter in the
school district whom they desire to be a candidate, if service of a copy of the application
has been made on the candidate and proof of service is endorsed on the application being
filed. No individual shall be nominated by nominating petition for a school district elective
office deleted text beginexcept in the event of a vacancy in nomination as provided in section 205A.03,
subdivision 6
deleted text end. Upon receipt of the proper filing fee, the clerk shall place the name of the
candidate on the official ballot without partisan designation.

Sec. 34.

Minnesota Statutes 2010, section 216B.1694, subdivision 2, is amended to
read:


Subd. 2.

Regulatory incentives.

(a) An innovative energy project:

(1) is exempted from the requirements for a certificate of need under section
216B.243, for the generation facilities, and transmission infrastructure associated with the
generation facilities, but is subject to all applicable environmental review and permitting
procedures of chapter 216E;

(2) once permitted and constructed, is eligible to increase the capacity of the
associated transmission facilities without additional state review upon filing notice with
the commission;

(3) has the power of eminent domain, which shall be limited to the sites and routes
approved by the Environmental Quality Board for the project facilities. The project shall
be considered a utility as defined in section 216E.01, subdivision 10, for the limited
purpose of section 216E.12. The project shall report any intent to exercise eminent
domain authority to the board;

(4) deleted text beginshall qualify as a "clean energy technology" as defined in section 216B.1693;
deleted text end

deleted text begin (5)deleted text end shall, prior to the approval by the commission of any arrangement to build or
expand a fossil-fuel-fired generation facility, or to enter into an agreement to purchase
capacity or energy from such a facility for a term exceeding five years, be considered
as a supply option for the generation facility, and the commission shall ensure such
consideration and take any action with respect to such supply proposal that it deems to be
in the best interest of ratepayers;

deleted text begin (6)deleted text endnew text begin (5)new text end shall make a good faith effort to secure funding from the United States
Department of Energy and the United States Department of Agriculture to conduct a
demonstration project at the facility for either geologic or terrestrial carbon sequestration
projects to achieve reductions in facility emissions or carbon dioxide;

deleted text begin (7)deleted text endnew text begin (6)new text end shall be entitled to enter into a contract with a public utility that owns a
nuclear generation facility in the state to provide 450 megawatts of base-load capacity and
energy under a long-term contract, subject to the approval of the terms and conditions of
the contract by the commission. The commission may approve, disapprove, amend, or
modify the contract in making its public interest determination, taking into consideration
the project's economic development benefits to the state; the use of abundant domestic
fuel sources; the stability of the price of the output from the project; the project's potential
to contribute to a transition to hydrogen as a fuel resource; and the emissions reductions
achieved compared to other solid fuel base-load technologies; and

deleted text begin (8)deleted text endnew text begin (7)new text end shall be eligible for a grant from the renewable development account, subject
to the approval of the entity administering that account, of $2,000,000 a year for five years
for development and engineering costs, including those costs related to mercury-removal
technology; thermal efficiency optimization and emission minimization; environmental
impact statement preparation and licensing; development of hydrogen production
capabilities; and fuel cell development and utilization.

(b) This subdivision does not apply to nor affect a proposal to add utility-owned
resources that is pending on May 29, 2003, before the Public Utilities Commission or to
competitive bid solicitations to provide capacity or energy that is scheduled to be on line
by December 31, 2006.

Sec. 35.

Minnesota Statutes 2010, section 245.4835, subdivision 1, is amended to read:


Subdivision 1.

Required expenditures.

(a) Counties must maintain a level of
expenditures for mental health services under sections 245.461 to 245.484 and 245.487 to
245.4889 so that each year's county expenditures are at least equal to that county's average
expenditures for those services for calendar years 2004 and 2005. The commissioner will
adjust each county's base level for minimum expenditures in each year by the amount of
any increase or decrease in that county's state grants or other noncounty revenues for
mental health services under sections 245.461 to 245.484 and 245.487 to 245.4889.

(b) In order to simplify administration and improve budgeting predictability, the
commissioner:

(1) shall use each county's actual prior year revenues to adjust the county's minimum
required expenditures for the coming year;

(2) may use more current information regarding major changes in revenues if the
change is known early enough to allow counties time to adjust their budgets;

(3) shall allocate each county's revenues proportionally across applicable
expenditures;new text begin and
new text end

deleted text begin (4) shall adjust each county's base to allow for major changes in state or federal
block grants or other revenues that can be used for mental health services, but are not
dedicated to mental health; in this case, the commissioner shall calculate the mental health
share of total county expenditures that were eligible to be funded from that revenue
source in the base year, and use that mental health share to allocate the change in those
revenues to mental health. This clause applies to changes in revenues that are beyond
the county's control; and
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end may adjust a county's base if the county's population is substantially declining
and the county's per capita mental health expenditures are substantially higher than the
state average, and the commissioner has determined that mental health services in that
county would not be negatively impacted.

deleted text begin (c) Paragraph (b), clause (4), expires December 31, 2011.
deleted text end

Sec. 36.

Minnesota Statutes 2011 Supplement, section 256B.021, subdivision 4,
is amended to read:


Subd. 4.

Projects.

The commissioner shall request permission and funding to
further the following initiatives.

(a) Health care delivery demonstration projects. This project involves testing
alternative payment and service delivery models in accordance with Minnesota Statutes,
sections 256B.0755 and 256B.0756. These demonstrations will allow the Minnesota
Department of Human Services to engage in alternative payment arrangements with
provider organizations that provide services to a specified patient population for an agreed
upon total cost of care or risk/gain sharing payment arrangement, but are not limited
to these models of care delivery or payment. Quality of care and patient experience
will be measured and incorporated into payment models alongside the cost of care.
Demonstration sites should include Minnesota health care programs fee-for-services
recipients and managed care enrollees and support a robust primary care model and
improved care coordination for recipients.

(b) Promote personal responsibility and encourage and reward healthy outcomes.
This project provides Medicaid funding to provide individual and group incentives to
encourage healthy behavior, prevent the onset of chronic disease, and reward healthy
outcomes. Focus areas may include diabetes prevention and management, tobacco
cessation, reducing weight, lowering cholesterol, and lowering blood pressure.

(c) Encourage utilization of high quality, cost-effective care. This project creates
incentives through Medicaid and MinnesotaCare enrollee cost-sharing and other means to
encourage the utilization of high-quality, low-cost, high-value providers, as determined by
the state's provider peer grouping initiative under Minnesota Statutes, section 62U.04.

(d) Adults without children. This proposal includes requesting federal authority to
impose a limit on assets for adults without children in medical assistance, as defined in
Minnesota Statutes, section 256B.055, subdivision 15, who have a household income
equal to or less than 75 percent of the federal poverty limit, consistent with Minnesota
Statutes, section 256L.17, subdivision 2, and to impose a 180-day durational residency
requirement in MinnesotaCare, consistent with Minnesota Statutes, section deleted text begin256B.056,
subdivision 3c
deleted text endnew text begin 256L.09, subdivision 4new text end, for adults without children, regardless of income.

(e) Empower and encourage work, housing, and independence. This project provides
services and supports for individuals who have an identified health or disabling condition
but are not yet certified as disabled, in order to delay or prevent permanent disability,
reduce the need for intensive health care and long-term care services and supports, and to
help maintain or obtain employment or assist in return to work. Benefits may include:

(1) coordination with health care homes or health care coordinators;

(2) assessment for wellness, housing needs, employment, planning, and goal setting;

(3) training services;

(4) job placement services;

(5) career counseling;

(6) benefit counseling;

(7) worker supports and coaching;

(8) assessment of workplace accommodations;

(9) transitional housing services; and

(10) assistance in maintaining housing.

(f) Redesign home and community-based services. This project realigns existing
funding, services, and supports for people with disabilities and older Minnesotans to
ensure community integration and a more sustainable service system. This may involve
changes that promote a range of services to flexibly respond to the following needs:

(1) provide people less expensive alternatives to medical assistance services;

(2) offer more flexible and updated community support services under the Medicaid
state plan;

(3) provide an individual budget and increased opportunity for self-direction;

(4) strengthen family and caregiver support services;

(5) allow persons to pool resources or save funds beyond a fiscal year to cover
unexpected needs or foster development of needed services;

(6) use of home and community-based waiver programs for people whose needs
cannot be met with the expanded Medicaid state plan community support service options;

(7) target access to residential care for those with higher needs;

(8) develop capacity within the community for crisis intervention and prevention;

(9) redesign case management;

(10) offer life planning services for families to plan for the future of their child
with a disability;

(11) enhance self-advocacy and life planning for people with disabilities;

(12) improve information and assistance to inform long-term care decisions; and

(13) increase quality assurance, performance measurement, and outcome-based
reimbursement.

This project may include different levels of long-term supports that allow seniors to
remain in their homes and communities, and expand care transitions from acute care to
community care to prevent hospitalizations and nursing home placement. The levels
of support for seniors may range from basic community services for those with lower
needs, access to residential services if a person has higher needs, and targets access to
nursing home care to those with rehabilitation or high medical needs. This may involve
the establishment of medical need thresholds to accommodate the level of support
needed; provision of a long-term care consultation to persons seeking residential services,
regardless of payer source; adjustment of incentives to providers and care coordination
organizations to achieve desired outcomes; and a required coordination with medical
assistance basic care benefit and Medicare/Medigap benefit. This proposal will improve
access to housing and improve capacity to maintain individuals in their existing home;
adjust screening and assessment tools, as needed; improve transition and relocation
efforts; seek federal financial participation for alternative care and essential community
supports; and provide Medigap coverage for people having lower needs.

(g) Coordinate and streamline services for people with complex needs, including
those with multiple diagnoses of physical, mental, and developmental conditions. This
project will coordinate and streamline medical assistance benefits for people with complex
needs and multiple diagnoses. It would include changes that:

(1) develop community-based service provider capacity to serve the needs of this
group;

(2) build assessment and care coordination expertise specific to people with multiple
diagnoses;

(3) adopt service delivery models that allow coordinated access to a range of services
for people with complex needs;

(4) reduce administrative complexity;

(5) measure the improvements in the state's ability to respond to the needs of this
population; and

(6) increase the cost-effectiveness for the state budget.

(h) Implement nursing home level of care criteria. This project involves obtaining
any necessary federal approval in order to implement the changes to the level of care
criteria in Minnesota Statutes, section 144.0724, subdivision 11, and implement further
changes necessary to achieve reform of the home and community-based service system.

(i) Improve integration of Medicare and Medicaid. This project involves reducing
fragmentation in the health care delivery system to improve care for people eligible for
both Medicare and Medicaid, and to align fiscal incentives between primary, acute, and
long-term care. The proposal may include:

(1) requesting an exception to the new Medicare methodology for payment
adjustment for fully integrated special needs plans for dual eligible individuals;

(2) testing risk adjustment models that may be more favorable to capturing the
needs of frail dually eligible individuals;

(3) requesting an exemption from the Medicare bidding process for fully integrated
special needs plans for the dually eligible;

(4) modifying the Medicare bid process to recognize additional costs of health
home services; and

(5) requesting permission for risk-sharing and gain-sharing.

(j) Intensive residential treatment services. This project would involve providing
intensive residential treatment services for individuals who have serious mental illness
and who have other complex needs. This proposal would allow such individuals to remain
in these settings after mental health symptoms have stabilized, in order to maintain their
mental health and avoid more costly or unnecessary hospital or other residential care due
to their other complex conditions. The commissioner may pursue a specialized rate for
projects created under this section.

(k) Seek federal Medicaid matching funds for Anoka Metro Regional Treatment
Center (AMRTC). This project involves seeking Medicaid reimbursement for medical
services provided to patients to AMRTC, including requesting a waiver of United States
Code, title 42, section 1396d, which prohibits Medicaid reimbursement for expenditures
for services provided by hospitals with more than 16 beds that are primarily focused on
the treatment of mental illness. This waiver would allow AMRTC to serve as a statewide
resource to provide diagnostics and treatment for people with the most complex conditions.

(l) Waivers to allow Medicaid eligibility for children under age 21 receiving care
in residential facilities. This proposal would seek Medicaid reimbursement for any
Medicaid-covered service for children who are placed in residential settings that are
determined to be "institutions for mental diseases," under United States Code, title 42,
section 1396d.

Sec. 37.

Minnesota Statutes 2010, section 256B.0755, subdivision 1, is amended to
read:


Subdivision 1.

Implementation.

(a) The commissioner shall develop and
authorize a demonstration project to test alternative and innovative health care delivery
systems, including accountable care organizations that provide services to a specified
patient population for an agreed-upon total cost of care or risk/gain sharing payment
arrangement. The commissioner shall develop a request for proposals for participation in
the demonstration project in consultation with hospitals, primary care providers, health
plans, and other key stakeholders.

(b) In developing the request for proposals, the commissioner shall:

(1) establish uniform statewide methods of forecasting utilization and cost of care
for the appropriate Minnesota public program populations, to be used by the commissioner
for the health care delivery system projects;

(2) identify key indicators of quality, access, patient satisfaction, and other
performance indicators that will be measured, in addition to indicators for measuring
cost savings;

(3) allow maximum flexibility to encourage innovation and variation so that a variety
of provider collaborations are able to become health care delivery systems;

(4) encourage and authorize different levels and types of financial risk;

(5) encourage and authorize projects representing a wide variety of geographic
locations, patient populations, provider relationships, and care coordination models;

(6) encourage projects that involve close partnerships between the health care
delivery system and counties and nonprofit agencies that provide services to patients
enrolled with the health care delivery system, including social services, public health,
mental health, community-based services, and continuing care;

(7) encourage projects established by community hospitals, clinics, and other
providers in rural communities;

(8) identify required covered services for a total cost of care model or services
considered in whole or partially in an analysis of utilization for a risk/gain sharing model;

(9) establish a mechanism to monitor enrollment;

(10) establish quality standards for the delivery system demonstrations;new text begin and
new text end

(11) encourage participation of privately insured population so as to create sufficient
alignment in demonstration systemsdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (12) coordinate projects with any coordinated care delivery systems established
under section 256D.031.
deleted text end

(c) To be eligible to participate in the demonstration project, a health care delivery
system must:

(1) provide required covered services and care coordination to recipients enrolled in
the health care delivery system;

(2) establish a process to monitor enrollment and ensure the quality of care provided;

(3) in cooperation with counties and community social service agencies, coordinate
the delivery of health care services with existing social services programs;

(4) provide a system for advocacy and consumer protection; and

(5) adopt innovative and cost-effective methods of care delivery and coordination,
which may include the use of allied health professionals, telemedicine, patient educators,
care coordinators, and community health workers.

(d) A health care delivery system demonstration may be formed by the following
groups of providers of services and suppliers if they have established a mechanism for
shared governance:

(1) professionals in group practice arrangements;

(2) networks of individual practices of professionals;

(3) partnerships or joint venture arrangements between hospitals and health care
professionals;

(4) hospitals employing professionals; and

(5) other groups of providers of services and suppliers as the commissioner
determines appropriate.

A managed care plan or county-based purchasing plan may participate in this
demonstration in collaboration with one or more of the entities listed in clauses (1) to (5).

A health care delivery system may contract with a managed care plan or a
county-based purchasing plan to provide administrative services, including the
administration of a payment system using the payment methods established by the
commissioner for health care delivery systems.

(e) The commissioner may require a health care delivery system to enter into
additional third-party contractual relationships for the assessment of risk and purchase of
stop loss insurance or another form of insurance risk management related to the delivery
of care described in paragraph (c).

Sec. 38.

Minnesota Statutes 2010, section 256B.094, subdivision 6, is amended to read:


Subd. 6.

Medical assistance reimbursement of case management services.

(a)
Medical assistance reimbursement for services under this section shall be made on a
monthly basis. Payment is based on face-to-face or telephone contacts between the case
manager and the client, client's family, primary caregiver, legal representative, or other
relevant person identified as necessary to the development or implementation of the goals
of the individual service plan regarding the status of the client, the individual service
plan, or the goals for the client. These contacts must meet the minimum standards in
clauses (1) and (2):

(1) there must be a face-to-face contact at least once a month except as provided in
clause (2); and

(2) for a client placed outside of the county of financial responsibility, or a client
served by tribal social services placed outside the reservation, in an excluded time facility
under section 256G.02, subdivision 6, or through the Interstate Compact on the Placement
of Children, section 260.851, and the placement in either case is more than 60 miles
beyond the county or reservation boundaries, there must be at least one contact per month
and not more than two consecutive months without a face-to-face contact.

(b) Except as provided under paragraph (c), the payment rate is established using
time study data on activities of provider service staff and reports required under sections
245.482 and 256.01, subdivision 2, paragraph deleted text begin(17)deleted text endnew text begin (q)new text end.

(c) Payments for tribes may be made according to section 256B.0625 or other
relevant federally approved rate setting methodology for child welfare targeted case
management provided by Indian health services and facilities operated by a tribe or tribal
organization.

(d) Payment for case management provided by county or tribal social services
contracted vendors shall be based on a monthly rate negotiated by the host county or
tribal social services. The negotiated rate must not exceed the rate charged by the vendor
for the same service to other payers. If the service is provided by a team of contracted
vendors, the county or tribal social services may negotiate a team rate with a vendor who
is a member of the team. The team shall determine how to distribute the rate among its
members. No reimbursement received by contracted vendors shall be returned to the
county or tribal social services, except to reimburse the county or tribal social services for
advance funding provided by the county or tribal social services to the vendor.

(e) If the service is provided by a team that includes contracted vendors and county
or tribal social services staff, the costs for county or tribal social services staff participation
in the team shall be included in the rate for county or tribal social services provided
services. In this case, the contracted vendor and the county or tribal social services may
each receive separate payment for services provided by each entity in the same month. To
prevent duplication of services, each entity must document, in the recipient's file, the need
for team case management and a description of the roles and services of the team members.

Separate payment rates may be established for different groups of providers to
maximize reimbursement as determined by the commissioner. The payment rate will be
reviewed annually and revised periodically to be consistent with the most recent time
study and other data. Payment for services will be made upon submission of a valid
claim and verification of proper documentation described in subdivision 7. Federal
administrative revenue earned through the time study, or under paragraph (c), shall be
distributed according to earnings, to counties, reservations, or groups of counties or
reservations which have the same payment rate under this subdivision, and to the group
of counties or reservations which are not certified providers under section 256F.10. The
commissioner shall modify the requirements set out in Minnesota Rules, parts 9550.0300
to 9550.0370, as necessary to accomplish this.

Sec. 39.

Minnesota Statutes 2010, section 256B.69, subdivision 20, is amended to read:


Subd. 20.

Ombudsperson.

deleted text begin(a)deleted text end The commissioner shall designate an ombudsperson
to advocate for persons required to enroll in prepaid health plans under this section. The
ombudsperson shall advocate for recipients enrolled in prepaid health plans through
complaint and appeal procedures and ensure that necessary medical services are provided
either by the prepaid health plan directly or by referral to appropriate social services. At
the time of enrollment in a prepaid health plan, the local agency shall inform recipients
about the ombudsperson program and their right to a resolution of a complaint by the
prepaid health plan if they experience a problem with the plan or its providers.

deleted text begin (b) The commissioner shall designate an ombudsperson to advocate for persons
enrolled in a care coordination delivery system under section 256D.031. The
ombudsperson shall advocate for recipients enrolled in a care coordination delivery
system through the state appeal process and assist enrollees in accessing necessary
medical services through the care coordination delivery systems directly or by referral to
appropriate services. At the time of enrollment in a care coordination delivery system, the
local agency shall inform recipients about the ombudsperson program.
deleted text end

Sec. 40.

Minnesota Statutes 2010, section 256B.75, is amended to read:


256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.

(a) For outpatient hospital facility fee payments for services rendered on or after
October 1, 1992, the commissioner of human services shall pay the lower of (1) submitted
charge, or (2) 32 percent above the rate in effect on June 30, 1992, except for those
services for which there is a federal maximum allowable payment. Effective for services
rendered on or after January 1, 2000, payment rates for nonsurgical outpatient hospital
facility fees and emergency room facility fees shall be increased by eight percent over the
rates in effect on December 31, 1999, except for those services for which there is a federal
maximum allowable payment. Services for which there is a federal maximum allowable
payment shall be paid at the lower of (1) submitted charge, or (2) the federal maximum
allowable payment. Total aggregate payment for outpatient hospital facility fee services
shall not exceed the Medicare upper limit. If it is determined that a provision of this
section conflicts with existing or future requirements of the United States government with
respect to federal financial participation in medical assistance, the federal requirements
prevail. The commissioner may, in the aggregate, prospectively reduce payment rates to
avoid reduced federal financial participation resulting from rates that are in excess of
the Medicare upper limitations.

(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and
ambulatory surgery hospital facility fee services for critical access hospitals designated
under section 144.1483, clause deleted text begin(10)deleted text endnew text begin (9)new text end, shall be paid on a cost-based payment system that
is based on the cost-finding methods and allowable costs of the Medicare program.

(c) Effective for services provided on or after July 1, 2003, rates that are based
on the Medicare outpatient prospective payment system shall be replaced by a budget
neutral prospective payment system that is derived using medical assistance data. The
commissioner shall provide a proposal to the 2003 legislature to define and implement
this provision.

(d) For fee-for-service services provided on or after July 1, 2002, the total payment,
before third-party liability and spenddown, made to hospitals for outpatient hospital
facility services is reduced by .5 percent from the current statutory rate.

(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service
services provided on or after July 1, 2003, made to hospitals for outpatient hospital
facility services before third-party liability and spenddown, is reduced five percent from
the current statutory rates. Facilities defined under section 256.969, subdivision 16, are
excluded from this paragraph.

(f) In addition to the reductions in paragraphs (d) and (e), the total payment for
fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient
hospital facility services before third-party liability and spenddown, is reduced three
percent from the current statutory rates. Mental health services and facilities defined under
section 256.969, subdivision 16, are excluded from this paragraph.

Sec. 41.

Minnesota Statutes 2010, section 256J.49, subdivision 4, is amended to read:


Subd. 4.

Employment and training service provider.

"Employment and training
service provider" means:

(1) a public, private, or nonprofit agency with which a county has contracted to
provide employment and training services and which is included in the county's service
agreement submitted under section 256J.626, subdivision 4;

(2) a county agency, if the county has opted to provide employment and training
services and the county has indicated that fact in the service agreement submitted under
section 256J.626, subdivision 4; or

(3) a local public health department under section 145A.17, subdivision deleted text begin3adeleted text endnew text begin 4anew text end, that a
county has designated to provide employment and training services and is included in the
county's service agreement submitted under section 256J.626, subdivision 4.

Notwithstanding section 116L.871, an employment and training services provider
meeting this definition may deliver employment and training services under this chapter.

Sec. 42.

Minnesota Statutes 2010, section 256L.12, subdivision 6, is amended to read:


Subd. 6.

Co-payments and benefit limits.

Enrollees are responsible for all
co-payments in deleted text beginsectionsdeleted text endnew text begin sectionnew text end 256L.03, subdivision 5, deleted text beginand 256L.035,deleted text end and shall pay
co-payments to the managed care plan or to its participating providers. The enrollee is also
responsible for payment of inpatient hospital charges which exceed the MinnesotaCare
benefit limit.

Sec. 43.

Minnesota Statutes 2011 Supplement, section 268.035, subdivision 29,
is amended to read:


Subd. 29.

Wages.

(a) "Wages" means all compensation for services, including
commissions; bonuses, awards, and prizes; severance payments; standby pay; vacation and
holiday pay; back pay as of the date of payment; tips and gratuities paid to an employee by
a customer of an employer and accounted for by the employee to the employer; sickness
and accident disability payments, except as otherwise provided in this subdivision; and the
cash value of housing, utilities, meals, exchanges of services, and any other goods and
services provided to compensate for an employee's services, except:

(1) the amount of any payment made to, or on behalf of, an employee under a plan
established by an employer that makes provision for employees generally or for a class
or classes of employees, including any amount paid by an employer for insurance or
annuities, or into a plan, to provide for a payment, on account of (i) retirement or (ii)
medical and hospitalization expenses in connection with sickness or accident disability,
or (iii) death;

(2) the payment by an employer of the tax imposed upon an employee under United
States Code, title 26, section 3101 of the Federal Insurance Contribution Act, with respect
to compensation paid to an employee for domestic employment in a private household of
the employer or for agricultural employment;

(3) any payment made to, or on behalf of, an employee or beneficiary (i) from or
to a trust described in United States Code, title 26, section 401(a) of the federal Internal
Revenue Code, that is exempt from tax under section 501(a) at the time of the payment
unless the payment is made to an employee of the trust as compensation for services as an
employee and not as a beneficiary of the trust, or (ii) under or to an annuity plan that, at
the time of the payment, is a plan described in section 403(a);

(4) the value of any special discount or markdown allowed to an employee on goods
purchased from or services supplied by the employer where the purchases are optional and
do not constitute regular or systematic payment for services;

(5) customary and reasonable directors' fees paid to individuals who are not
otherwise employed by the corporation of which they are directors;

(6) the payment to employees for reimbursement of meal expenses when employees
are required to perform work after their regular hours;

(7) the payment into a trust or plan for purposes of providing legal or dental services
if provided for all employees generally or for a class or classes of employees;

(8) the value of parking facilities provided or paid for by an employer, in whole or in
part, if provided for all employees generally or for a class or classes of employees;

(9) royalties to an owner of a franchise, license, copyright, patent, oil, mineral,
or other right;

(10) advances or reimbursements for traveling or other bona fide ordinary and
necessary expenses incurred or reasonably expected to be incurred in the business of the
employer. Traveling and other reimbursed expenses must be identified either by making
separate payments or by specifically indicating the separate amounts where both wages
and expense allowances are combined in a single payment;

(11) residual payments to radio, television, and similar artists that accrue after
the production of television commercials, musical jingles, spot announcements, radio
transcriptions, film sound tracks, and similar activities;

(12) payments made to supplement unemployment benefits under a plan established
by an employer, that makes provisions for employees generally or for a class or classes of
employees under the written terms of an agreement, contract, trust arrangement, or other
instrument. The plan must provide supplemental payments solely for the supplementing
of weekly state or federal unemployment benefits. The plan must provide supplemental
payments only for those weeks the applicant has been paid regular, extended, or additional
unemployment benefits deleted text beginavailabledeleted text end. The supplemental payments, when combined with the
applicant's weekly unemployment benefits paid, may not exceed the applicant's regular
weekly pay. The plan must not allow the assignment of supplemental payments or provide
for any type of additional payment. The plan must not require any consideration from
the applicant and must not be designed for the purpose of avoiding the payment of Social
Security obligations, or unemployment taxes on money disbursed from the plan;

(13) sickness or accident disability payments made by the employer after the
expiration of six calendar months following the last calendar month that the individual
worked for the employer;

(14) disability payments made under the provisions of any workers' compensation
law;

(15) sickness or accident disability payments made by a third-party payer such as
an insurance company; or

(16) payments made into a trust fund, or for the purchase of insurance or an annuity,
to provide for sickness or accident disability payments to employees under a plan or
system established by the employer that provides for the employer's employees generally
or for a class or classes of employees.

(b) Nothing in this subdivision excludes from the term "wages" any payment
made under any type of salary reduction agreement, including payments made under a
cash or deferred arrangement and cafeteria plan, as defined in United States Code, title
26, sections 401(k) and 125 of the federal Internal Revenue Code, to the extent that the
employee has the option to receive the payment in cash.

(c) Wages includes payments made for services as a caretaker. Unless there is a
contract or other proof to the contrary, compensation is considered as being equally
received by a married couple where the employer makes payment to only one spouse, or
by all tenants of a household who perform services where two or more individuals share
the same dwelling and the employer makes payment to only one individual.

(d) Wages includes payments made for services by a migrant family. Where services
are performed by a married couple or a family and an employer makes payment to only
one individual, each worker is considered as having received an equal share of the
compensation unless there is a contract or other proof to the contrary.

(e) Wages includes advances or draws against future earnings, when paid, unless
the payments are designated as a loan or return of capital on the books of the employer
at the time of payment.

(f) Wages includes payments made by a subchapter "S" corporation, as organized
under the Internal Revenue Code, to or on behalf of officers and shareholders that are
reasonable compensation for services performed for the corporation.

For a subchapter "S" corporation, wages does not include:

(1) a loan for business purposes to an officer or shareholder evidenced by a
promissory note signed by an officer before the payment of the loan proceeds and recorded
on the books and records of the corporation as a loan to an officer or shareholder;

(2) a repayment of a loan or payment of interest on a loan made by an officer to the
corporation and recorded on the books and records of the corporation as a liability;

(3) a reimbursement of reasonable corporation expenses incurred by an officer and
documented by a written expense voucher and recorded on the books and records of
the corporation as corporate expenses; and

(4) a reasonable lease or rental payment to an officer who owns property that is
leased or rented to the corporation.

Sec. 44.

Minnesota Statutes 2010, section 270B.14, subdivision 11, is amended to read:


Subd. 11.

Disclosure to commissioner of health.

(a) On the request of the
commissioner of health, the commissioner may disclose return information to the extent
provided in paragraph (b) and for the purposes provided in paragraph (c).

(b) Data that may be disclosed are limited to the taxpayer's identity, as defined in
section 270B.01, subdivision 5.

(c) The commissioner of health may request data only for the purposes of carrying
out epidemiologic investigations, which includes conducting occupational health and
safety surveillance, and locating and notifying individuals exposed to health hazards as a
result of employment. Requests for data by the commissioner of health must be in writing
and state the purpose of the request. Data received may be used only for the purposes of
section 144.0525.

deleted text begin (d) The commissioner may disclose health care service revenue data to the
commissioner of health as provided by section 62J.41, subdivision 2.
deleted text end

Sec. 45.

Minnesota Statutes 2011 Supplement, section 270C.991, subdivision 4,
is amended to read:


Subd. 4.

Property tax working group.

(a) A property tax working group is
established as provided in this subdivision. The goals of the working group are:

(1) to investigate ways to simplify the property tax system and make advisory
recommendations on ways to make the system more understandable;

(2) to reexamine the property tax calendar to determine what changes could be made
to shorten the two-year cycle from assessment through property tax collection; and

(3) to determine the cost versus the benefits of the various property tax components,
including property classifications, credits, aids, exclusions, exemptions, and abatements,
and to suggest ways to achieve some of the goals in simpler and more cost-efficient ways.

(b) The 12-member working group shall consist of the following members:

(1) two state representatives, both appointed by the chair of the house of
representatives Taxes Committee, one from the majority party and one from the largest
minority party;

(2) two senators appointed by the Subcommittee on Committees of the Senate Rules
and Administration Committee, one from the majority party and one from the largest
minority party;

(3) one person appointed by the Association of Minnesota Counties;

(4) one person appointed by the League of Minnesota Cities;

(5) one person appointed by the Minnesota Association of Townships;

(6) one person appointed by the Minnesota Chamber of Commerce;

(7) one person appointed by the Minnesota Association of Assessing Officers;

(8) two homeowners, one who is under 65 years of age, and one who is 65 years of
age or older, both appointed by the commissioner of revenue; and

(9) one person jointly appointed by the Minnesota Farm Bureau and the Minnesota
Farmers Union.

The commissioner of revenue shall chair the initial meeting, and the working
group shall elect a chair at that initial meeting. The working group will meet at the call
of the chair. Members of the working group shall serve without compensation. The
commissioner of revenue must provide administrative support to the working group.
Chapter 13D does not apply to meetings of the working group. Meetings of the working
group must be open to the public and the working group must provide notice of a meeting
to potentially interested persons at least seven days before the meeting. A meeting of the
deleted text begin councildeleted text end new text beginworking group new text endoccurs when a quorum is present.

(c) The working group shall make its advisory recommendations to the chairs of the
house of representatives and senate Taxes Committees on or before February 1, 2013, at
which time the working group shall be finished and this subdivision expires. The advisory
recommendations should be reviewed by the Taxes Committees under subdivision 5.

Sec. 46.

Minnesota Statutes 2010, 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; homestead and agricultural credits under section
273.1384; aids and credits under section 273.1398; deleted text beginwetlands reimbursement under
section 275.295;
deleted text end 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. 47.

Minnesota Statutes 2010, section 282.08, is amended to read:


282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.

The net proceeds from the sale or rental of any parcel of forfeited land, or from the
sale of products from the forfeited land, must be apportioned by the county auditor to the
taxing districts interested in the land, as follows:

(1) the portion required to pay any amounts included in the appraised value
under section 282.01, subdivision 3, as representing increased value due to any public
improvement made after forfeiture of the parcel to the state, but not exceeding the
amount certified by the appropriate governmental authority must be apportioned to the
governmental subdivision entitled to it;

(2) the portion required to pay any amount included in the appraised value under
section 282.019, subdivision 5, representing increased value due to response actions
taken after forfeiture of the parcel to the state, but not exceeding the amount of expenses
certified by the Pollution Control Agency or the commissioner of agriculture, must be
apportioned to the agency or the commissioner of agriculture and deposited in the fund
from which the expenses were paid;

(3) the portion of the remainder required to discharge any special assessment
chargeable against the parcel for drainage or other purpose whether due or deferred at the
time of forfeiture, must be apportioned to the governmental subdivision entitled to it; and

(4) any balance must be apportioned as follows:

(i)deleted text begin(A) Except as provided in subitem (B),deleted text end The county board may annually by
resolution set aside no more than 30 percent of the receipts remaining to be used for forest
development on tax-forfeited land and dedicated memorial forests, to be expended under
the supervision of the county board. It must be expended only on projects improving the
health and management of the forest resource.

deleted text begin (B) For a county that received an aid payment in calendar year 2009 under section
477A.0124, subdivision 5, paragraph (b), the county board is authorized to use some of the
money set aside under subitem (A) to replace all or a portion of the amount of aid or credit
reimbursement that the county was to receive under sections 273.1384 and 477A.0124,
but did not receive due to aid cuts or unallotment from the state. Within six months of
the actual aid or credit reimbursement loss, the county board may adopt a resolution
transferring money from this fund to the county's general fund, not to exceed the amount of
aid or credit reimbursement loss to the county. This subitem expires December 31, 2010.
deleted text end

(ii) The county board may annually by resolution set aside no more than 20 percent
of the receipts remaining to be used for the acquisition and maintenance of county parks
or recreational areas as defined in sections 398.31 to 398.36, to be expended under the
supervision of the county board.

(iii) Any balance remaining must be apportioned as follows: county, 40 percent;
town or city, 20 percent; and school district, 40 percent, provided, however, that in
unorganized territory that portion which would have accrued to the township must be
administered by the county board of commissioners.

Sec. 48.

Minnesota Statutes 2011 Supplement, section 297A.668, subdivision 7,
is amended to read:


Subd. 7.

Advertising and promotional direct mail.

(a) Notwithstanding other
subdivisions of this section, the provisions in paragraphs (b) to (e) apply to the sale of
advertising and promotional direct mail. "Advertising and promotional direct mail" means
printed material that is direct mail as defined in section 297A.61, subdivision 35, the
primary purpose of which is to attract public attention to a product, person, business, or
organization, or to attempt to sell, popularize, or secure financial support for a person,
business, organization, or product. "Product" includes tangible personal property, a digital
product transferred electronically, or a service.

(b) A purchaser of advertising and promotional direct mail may provide the seller
with deleted text begineitherdeleted text endnew text begin one of the followingnew text end:

(1) a fully completed exemption certificate as described in section 297A.72
indicating that the purchaser is authorized to pay any sales or use tax due on purchases
made by the purchaser directly to the commissioner under section 297A.89;

(2) a fully completed exemption certificate claiming an exemption for direct mail; or

(3) information showing the jurisdictions to which the advertising and promotional
direct mail is to be delivered to recipients.

(c) In the absence of bad faith, if the purchaser provides one of the exemption
certificates indicated in paragraph (b), clauses (1) and (2), the seller is relieved of all
obligations to collect, pay, or remit the applicable tax and the purchaser is obligated to pay
or remit the tax on any transaction involving advertising and promotional direct mail to
which the certificate applies. The purchaser shall source the sale to the jurisdictions to
which the advertising and promotional direct mail is to be delivered to the recipients of
the mail, and shall report and pay any applicable tax due.

(d) If the purchaser provides the seller information showing the jurisdictions to
which the advertising and promotional direct mail is to be delivered to recipients, the seller
shall source the sale to the jurisdictions to which the advertising and promotional direct
mail is to be delivered and shall collect and remit the applicable tax. In the absence of
bad faith, the seller is relieved of any further obligation to collect any additional tax on
the sale of advertising and promotional direct mail where the seller has sourced the sale
according to the delivery information provided by the purchaser.

(e) If the purchaser does not provide the seller with any of the items listed in
paragraph (b), the sale shall be sourced under subdivision 2, paragraph (f). Nothing in
this paragraph limits a purchaser's obligation for sales or use tax to any state to which the
direct mail is delivered.

(f) This subdivision does not apply to printed materials that result from developing
billing information or providing any data processing service that is more than incidental
to producing the printed materials, regardless of whether advertising and promotional
direct mail is included in the same mailing.

(g) If a transaction is a bundled transaction that includes advertising and promotional
direct mail, this subdivision applies only if the primary purpose of the transaction is
the sale of products or services that meet the definition of advertising and promotional
direct mail.

Sec. 49.

Minnesota Statutes 2011 Supplement, section 297A.70, subdivision 3, is
amended to read:


Subd. 3.

Sales of certain goods and services to government.

(a) The following
sales to or use by the specified governments and political subdivisions of the state are
exempt:

(1) repair and replacement parts for emergency rescue vehicles, fire trucks, and
fire apparatus to a political subdivision;

(2) machinery and equipment, except for motor vehicles, used directly for mixed
municipal solid waste management services at a solid waste disposal facility as defined in
section 115A.03, subdivision 10;

(3) chore and homemaking services to a political subdivision of the state to be
provided to elderly or disabled individuals;

(4) telephone services to the Office of Enterprise Technology that are used to provide
telecommunications services through the enterprise technology revolving fund;

(5) firefighter personal protective equipment as defined in paragraph (b), if purchased
or authorized by and for the use of an organized fire department, fire protection district, or
fire company regularly charged with the responsibility of providing fire protection to the
state or a political subdivision;

(6) bullet-resistant body armor that provides the wearer with ballistic and trauma
protection, if purchased by a law enforcement agency of the state or a political subdivision
of the state, or a licensed peace officer, as defined in section 626.84, subdivision 1;

(7) motor vehicles purchased or leased by political subdivisions of the state if the
vehicles are exempt from registration under section 168.012, subdivision 1, paragraph (b),
exempt from taxation under section 473.448, or exempt from the motor vehicle sales tax
under section 297B.03, clause (12);

(8) equipment designed to process, dewater, and recycle biosolids for wastewater
treatment facilities of political subdivisions, and materials incidental to installation of
that equipment;

(9) the removal of trees, bushes, or shrubs for the construction and maintenance
of roads, trails, or firebreaks when purchased by an agency of the state or a political
subdivision of the state;

(10) purchases by the Metropolitan Council or the Department of Transportation of
vehicles and repair parts to equip operations provided for in section 174.90, including,
but not limited to, the Northstar Corridor Rail project; and

(11) purchases of water used directly in providing public safety services by an
organized fire department, fire protection district, or fire company regularly charged with
the responsibility of providing fire protection to the state or a political subdivision.

(b) For purposes of this subdivision, "firefighters personal protective equipment"
means helmets, including face shields, chin straps, and neck liners; bunker coats and
pants, including pant suspenders; boots; gloves; head covers or hoods; wildfire jackets;
protective coveralls; goggles; self-contained breathing apparatus; canister filter masks;
personal alert safety systems; spanner belts; optical or thermal imaging search devices;
and all safety equipment required by the Occupational Safety and Health Administration.

(c) For purchases of items listed in paragraph (a), clause deleted text begin(11)deleted text endnew text begin (10)new text end, the tax must be
imposed and collected as if the rate under section 297A.62, subdivision 1, applied and
then refunded in the manner provided in section 297A.75.

Sec. 50.

Minnesota Statutes 2011 Supplement, section 297A.75, subdivision 1, is
amended to read:


Subdivision 1.

Tax collected.

The tax on the gross receipts from the sale of the
following exempt items must be imposed and collected as if the sale were taxable and the
rate under section 297A.62, subdivision 1, applied. The exempt items include:

(1) capital equipment exempt under section 297A.68, subdivision 5;

(2) building materials for an agricultural processing facility exempt under section
297A.71, subdivision 13;

(3) building materials for mineral production facilities exempt under section
297A.71, subdivision 14;

(4) building materials for correctional facilities under section 297A.71, subdivision
3
;

(5) building materials used in a residence for disabled veterans exempt under section
297A.71, subdivision 11;

(6) elevators and building materials exempt under section 297A.71, subdivision 12;

(7) building materials for the Long Lake Conservation Center exempt under section
297A.71, subdivision 17;

(8) materials and supplies for qualified low-income housing under section 297A.71,
subdivision 23
;

(9) materials, supplies, and equipment for municipal electric utility facilities under
section 297A.71, subdivision 35;

(10) equipment and materials used for the generation, transmission, and distribution
of electrical energy and an aerial camera package exempt under section 297A.68,
subdivision 37;

(11) tangible personal property and taxable services and construction materials,
supplies, and equipment exempt under section 297A.68, subdivision 41;

(12) commuter rail vehicle and repair parts under section 297A.70, subdivision 3,
new text begin paragraph (a), new text endclause deleted text begin(11)deleted text endnew text begin (10)new text end;

(13) materials, supplies, and equipment for construction or improvement of projects
and facilities under section 297A.71, subdivision 40;

(14) materials, supplies, and equipment for construction or improvement of a meat
processing facility exempt under section 297A.71, subdivision 41;

(15) materials, supplies, and equipment for construction, improvement, or expansion
of an aerospace defense manufacturing facility exempt under section 297A.71, subdivision
42; and

(16) enterprise information technology equipment and computer software for use in
a qualified data center exempt under section 297A.68, subdivision 42.

Sec. 51.

Minnesota Statutes 2010, section 297I.06, subdivision 2, is amended to read:


Subd. 2.

Exemptions.

(a) This section does not apply to a deleted text beginfarmers' mutual fire
insurance company or
deleted text end township mutual fire insurance company in Minnesota organized
under chapter 67A.

(b) An insurer described in section 297I.05, subdivisions 3 and 4, authorized
to transact business in Minnesota shall elect to remit to the Department of Revenue
for deposit in the fire safety account either (1) the surcharge amount imposed under
subdivision 1 on all premiums subject to that surcharge, or (2) a surcharge of one-half
of one percent on the gross fire premiums and assessments, less return premiums, on all
direct business received by the insurer or agents of the insurer in Minnesota, in cash or
otherwise, during the year.

(c) The election must be made by December 31 of each year for insurance policies
written or renewed in the succeeding calendar year. An insurer who elects to remit the
one-half of one percent surcharge on gross fire premiums and assessments must not charge
the insured the surcharge imposed under subdivision 1.

(d) For purposes of this subdivision, "gross fire premiums and assessments" includes
premiums on policies covering fire risks only on automobiles, whether written or under
floater form or otherwise.

Sec. 52.

Minnesota Statutes 2010, section 298.018, is amended to read:


298.018 DISTRIBUTION OF PROCEEDS.

Subdivision 1.

Within taconite assistance area.

The proceeds of the tax paid
under sections 298.015 deleted text beginto 298.017deleted text endnew text begin and 298.016new text end on minerals and energy resources mined
or extracted within the taconite assistance area defined in section 273.1341, shall be
allocated as follows:

(1) five percent to the city or town within which the minerals or energy resources
are mined or extracted;

(2) ten percent to the taconite municipal aid account to be distributed as provided
in section 298.282;

(3) ten percent to the school district within which the minerals or energy resources
are mined or extracted;

(4) 20 percent to a group of school districts comprised of those school districts
wherein the mineral or energy resource was mined or extracted or in which there is a
qualifying municipality as defined by section 273.134, paragraph (b), in direct proportion
to school district indexes as follows: for each school district, its pupil units determined
under section 126C.05 for the prior school year shall be multiplied by the ratio of the
average adjusted net tax capacity per pupil unit for school districts receiving aid under
this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year
ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.
Each district shall receive that portion of the distribution which its index bears to the sum
of the indices for all school districts that receive the distributions;

(5) 20 percent to the county within which the minerals or energy resources are
mined or extracted;

(6) 20 percent to St. Louis County acting as the counties' fiscal agent to be
distributed as provided in sections 273.134 to 273.136;

(7) five percent to the Iron Range Resources and Rehabilitation Board for the
purposes of section 298.22;

(8) five percent to the Douglas J. Johnson economic protection trust fund; and

(9) five percent to the taconite environmental protection fund.

The proceeds of the tax shall be distributed on July 15 each year.

Subd. 2.

Outside taconite assistance area.

The proceeds of the tax paid under
sections 298.015 deleted text beginto 298.017deleted text endnew text begin and 298.016new text end on minerals and energy resources mined or
extracted outside of the taconite assistance area defined in section 273.1341, shall be
deposited in the general fund.

Sec. 53.

Minnesota Statutes 2010, section 299L.03, subdivision 1, is amended to read:


Subdivision 1.

Inspections; access.

In conducting any inspection authorized under
this chapter or chapter 240, 349, or 349A, the division employees have free and open
access to all parts of the regulated business premises, and may conduct the inspection at
any reasonable time without notice and without a search warrant. For purposes of this
subdivision, "regulated business premises" means premises where:

(1) lawful gambling is conducted by an organization licensed under chapter 349 or
by an organization exempt from licensing under section 349.166;

(2) gambling equipment is manufactured, sold, distributed, or serviced by a
manufacturer or distributor licensed under chapter 349;

(3) records required to be maintained under chapter 240, 297E, 349, or 349A are
prepared or retained;

(4) lottery tickets are sold by a lottery retailer under chapter deleted text begin340Adeleted text endnew text begin 349Anew text end;

(5) races are conducted by a person licensed under chapter 240; or

(6) gambling devices are manufactured, distributed, or tested, including places of
storage under section 299L.07.

Sec. 54.

Minnesota Statutes 2011 Supplement, section 349.15, subdivision 1, is
amended to read:


Subdivision 1.

Expenditure restrictions, requirements, and civil penalties.

(a) Gross profits from lawful gambling may be expended only for lawful purposes or
allowable expenses as authorized by the membership of the conducting organization at a
monthly meeting of the organization's membership.

deleted text begin (b) Provided that no more than 70 percent of the gross profit from bingo, and no
more than 60 percent of the gross profit from other forms of lawful gambling, may be
expended biennially during the term of the license for allowable expenses related to lawful
gambling, except that for the period of July 1, 2008, to June 30, 2009, no more than 75
percent of the gross profit from bingo, and no more than 65 percent of the gross profit
from other forms of lawful gambling, may be expended for allowable expenses related to
lawful gambling. This provision expires June 30, 2009.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end For each 12-month period beginning July 1, deleted text begin2009,deleted text end a licensed organization
will be evaluated by the board to determine a rating based on the percentage of annual
lawful purpose expenditures when compared to available gross profits for the same period.
The rating will be used to determine the organization's profitability percent and is not a
rating of the organization's lawful gambling operation. An organization will be evaluated
according to the following criteria:

(1) an organization that expends 50 percent or more of gross profits on lawful
purposes will receive a five-star rating;

(2) an organization that expends 40 percent or more but less than 50 percent of gross
profits on lawful purposes will receive a four-star rating;

(3) an organization that expends 30 percent or more but less than 40 percent of gross
profits on lawful purposes will receive a three-star rating;

(4) an organization that expends 20 percent or more but less than 30 percent of gross
profits on lawful purposes will receive a two-star rating; and

(5) an organization that expends less than 20 percent of gross profits on lawful
purposes will receive a one-star rating.

deleted text begin (d)deleted text endnew text begin (c)new text end An organization that fails to expend a minimum of 30 percent annually of
gross profits on lawful purposes, or 20 percent annually for organizations that conduct
lawful gambling in a location where the primary business is bingo, is automatically on
probation effective July 1 for a period of one year. The organization must increase its
rating to the required minimum or be subject to sanctions by the board. If an organization
fails to meet the minimum after a one-year probation, the board may suspend the
organization's license or impose a civil penalty as follows:

(1) in determining any suspension or penalty for a violation of this paragraph, the
board must consider any unique factors or extraordinary circumstances that caused the
organization to not meet the minimum rate of profitability. Unique factors or extraordinary
circumstances include, but are not limited to, the purchase of capital assets necessary to
conduct lawful gambling; road or other construction causing impaired access to the lawful
gambling premises; and flood, tornado, or other catastrophe that had a direct impact on the
continuing lawful gambling operation; and

(2) notwithstanding section 349.151, subdivision 4, paragraph (a), clause (10), the
board may impose a civil penalty under this subdivision up to $10,000.

Sec. 55.

Minnesota Statutes 2010, section 349.15, subdivision 2, is amended to read:


Subd. 2.

Cash shortages.

In computing gross profit to determine maximum amounts
which may be expended for allowable expenses under subdivision 1, an organization may
not reduce its gross receipts by any cash shortages. An organization may report cash
shortages to the board only as an allowable expense. An organization may not report cash
shortages deleted text beginin any fiscal yeardeleted text endnew text begin for each 12-month periodnew text end beginning deleted text beginondeleted text end July 1, deleted text begin2004,deleted text end that in
total exceed three-tenths of one percent of the organization's gross receipts from lawful
gambling at each permitted premises where the organization conducts lawful gambling.

Sec. 56.

Minnesota Statutes 2010, section 349.151, subdivision 2, is amended to read:


Subd. 2.

Membership.

(a) deleted text beginOn and after July 1, 1991,deleted text end The board consists of seven
members, as follows: (1) deleted text beginthosedeleted text endnew text begin fivenew text end members appointed by the governor deleted text beginbefore July
1, 1991, whose terms expire June 30, 1992, June 30, 1993, and June 30, 1994; (2) one
member appointed by the governor for a term expiring June 30, 1994
deleted text end; deleted text begin(3)deleted text endnew text begin (2)new text end one member
appointed by the commissioner of public safety deleted text beginfor a term expiring June 30, 1995deleted text end; and
deleted text begin (4)deleted text endnew text begin (3)new text end one member appointed by the attorney general deleted text beginfor a term expiring June 30, 1995deleted text end.

(b) All appointments under this subdivision are with the advice and consent of
the senate.

(c) After expiration of the initial terms, appointments are for four years.

(d) The board shall select one of its members to serve as chair. No more than three
members appointed by the governor under this subdivision may belong to the same
political party.

Sec. 57.

Minnesota Statutes 2010, section 349.151, subdivision 4a, is amended to read:


Subd. 4a.

Paddle wheel rules.

The board shall promulgate rules governing paddle
wheels deleted text beginbefore July 1, 1992. The rules must providedeleted text end for operation procedures, internal
control standards, posted information, records, and reports.

Sec. 58.

Minnesota Statutes 2010, section 349.166, subdivision 1, is amended to read:


Subdivision 1.

Exclusions.

(a) Bingo, with the exception of linked bingo games,
may be conducted without a license and without complying with sections 349.168,
subdivisions 1 and 2
; 349.17, subdivisions deleted text begin1,deleted text end 4deleted text begin,deleted text end and 5; 349.18, subdivision 1; and 349.19,
if it is conducted:

(1) by an organization in connection with a county fair, the state fair, or a civic
celebration and is not conducted for more than 12 consecutive days and is limited to no
more than four separate applications for activities applied for and approved in a calendar
year; or

(2) by an organization that conducts bingo on four or fewer days in a calendar year.

An organization that holds a license to conduct lawful gambling under this chapter
may not conduct bingo under this subdivision.

(b) Bingo may be conducted within a nursing home or a senior citizen housing
project or by a senior citizen organization if the prizes for a single bingo game do not
exceed $10, total prizes awarded at a single bingo occasion do not exceed $200, no more
than two bingo occasions are held by the organization or at the facility each week, only
members of the organization or residents of the nursing home or housing project are
allowed to play in a bingo game, no compensation is paid for any persons who conduct the
bingo, and a manager is appointed to supervise the bingo. Bingo conducted under this
paragraph is exempt from sections 349.11 to 349.23, and the board may not require an
organization that conducts bingo under this paragraph, or the manager who supervises the
bingo, to register or file a report with the board. The gross receipts from bingo conducted
under the limitations of this subdivision are exempt from taxation under chapter 297A.

(c) Raffles may be conducted by an organization without registering with the board
if the value of all raffle prizes awarded by the organization in a calendar year does not
exceed $1,500.

(d) Except as provided in paragraph (b), the organization must maintain all required
records of excluded gambling activity for 3-1/2 years.

Sec. 59.

Minnesota Statutes 2010, section 352.01, subdivision 11, is amended to read:


Subd. 11.

Allowable service.

(a) "Allowable service" means:

(1) service by an employee for which on or before July 1, 1961, the employee chose
to obtain credit for service by making payments to the fund under Minnesota Statutes
1961, section 352.24;

(2) service by an employee after July 1, 1957, for any calendar month in which the
employee is paid salary from which deductions are made, deposited, and credited in the
fund, including deductions made, deposited, and credited as provided in section 352.041;

(3) service by an employee for any calendar month for which payments in lieu of
salary deductions are made, deposited, and credited in the fund, as provided in section
352.27;

(4) the period of absence from their duties by employees who are temporarily
disabled because of injuries incurred in the performance of duties and for which disability
the state is liable under the workers' compensation law until the date authorized by the
director for the commencement of payments of a total and permanent disability benefit
from the retirement fund;

(5) service covered by a refund repaid as provided in section 352.23 or 352D.05,
subdivision 4
, except service rendered as an employee of the adjutant general for which
the person has credit with the federal civil service retirement system;

(6) service before July 1, 1978, by an employee of the Transit Operating Division
of the Metropolitan Transit Commission or by an employee on an authorized leave of
absence from the Transit Operating Division of the Metropolitan Transit Commission who
is employed by the labor organization which is the exclusive bargaining agent representing
employees of the Transit Operating Division, which was credited by the Metropolitan
Transit Commission-Transit Operating Division employees retirement fund or any of its
predecessor plans or funds as past, intermediate, future, continuous, or allowable service
as defined in the Metropolitan Transit Commission-Transit Operating Division employees
retirement fund plan document in effect on December 31, 1977;

(7) service after July 1, 1983, by an employee who is employed on a part-time
basis for less than 50 percent of full time, for which the employee is paid salary from
which deductions are made, deposited, and credited in the fund, including deductions
made, deposited, and credited as provided in section 352.041 or for which payments in
lieu of salary deductions are made, deposited, and credited in the fund as provided in
section 352.27 shall be credited on a fractional basis either by pay period, monthly, or
annually based on the relationship that the percentage of salary earned bears to a full-time
salary, with any salary paid for the fractional service credited on the basis of the rate of
salary applicable for a full-time pay period, month, or a full-time year. For periods of
part-time service that is duplicated service credit, section 356.30, subdivision 1, deleted text beginclauses
(i)
deleted text endnew text begin paragraphs (g)new text end and deleted text begin(j)deleted text endnew text begin (h)new text end, govern; and

(8) any period of authorized leave of absence without pay that does not exceed one
year and for which the employee obtained credit by payment to the fund under section
352.017.

(9) [Renumbered clause (8)]

(10) MS 2002 [Expired]

(11) [Expired, 2002 c 392 art 2 s 4]

(b) For purposes of paragraph (a), clauses (2) and (3), any salary that is paid for
a fractional part of any calendar month, including the month of separation from state
service, is deemed to be the compensation for the entire calendar month.

(c) Allowable service determined and credited on a fractional basis must be used in
calculating the amount of benefits payable, but service as determined on a fractional basis
must not be used in determining the length of service required for eligibility for benefits.

Sec. 60.

Minnesota Statutes 2010, section 352D.05, subdivision 3, is amended to read:


Subd. 3.

Full or partial withdrawal.

After termination of covered employment
or at any time thereafter, a participant is entitled, upon application, to withdraw the
cash value of the participant's total shares or leave such shares on deposit with the
supplemental retirement fund. The account is valued at the end of the most recent United
States investment market day following receipt of the application for withdrawal deleted text beginis madedeleted text end.
Shares not withdrawn remain on deposit with the supplemental retirement fund until the
former participant becomes at least 55 years old, and applies for an annuity under section
352D.06, subdivision 1.

Sec. 61.

Minnesota Statutes 2010, section 353.46, subdivision 6, is amended to read:


Subd. 6.

Computation of benefits for certain coordinated members.

Any
coordinated member of the general employees retirement plan of the Public Employees
Retirement Association who, before July 1, 1979, was a member of the former coordinated
program of the former Minneapolis Municipal Employees Retirement Fund and who,
before July 1, 1978, was a member of the basic program of the Minneapolis Municipal
Employees Retirement Fund is entitled to receive a retirement annuity when otherwise
qualified, the calculation of which must utilize the formula accrual rates specified in
new text begin Minnesota Statutes 2008, new text endsection 422A.15, subdivision 1, for that portion of credited
service which was rendered before July 1, 1978, and the formula accrual rates specified
in section 353.29, subdivision 3, for the remainder of credited service, both applied to
the average salary as specified in section 353.01, subdivision 17a. The formula accrual
rates to be used in calculating the retirement annuity must recognize the service after July
1, 1978, as a member of the former coordinated program of the former Minneapolis
Municipal Employees Retirement Fund and after July 1, 1979, as a member of the
general employees retirement plan of the Public Employees Retirement Association as a
continuation of service rendered before July 1, 1978. The annuity amount attributable
to service as a member of the basic program of the former Minneapolis Municipal
Employees Retirement Fund is payable from the MERF division and the annuity amount
attributable to all other service is payable from the general employees retirement fund of
the Public Employees Retirement Association.

Sec. 62.

Minnesota Statutes 2011 Supplement, section 353.6511, subdivision 2,
is amended to read:


Subd. 2.

Retirement annuity.

(a) A member described in subdivision 1, if the
member meets the eligibility requirements of paragraph (b), is only entitled to a retirement
annuity under this subdivision.

(b) The member, upon application, if the person is at least age 50 and has credit for
at least 20 years of allowable service, is entitled to a normal retirement annuity. The
normal retirement annuity is the following amount based on the service credit of the
retiring member as a Minneapolis firefighter:

completed years of service
retirement annuity amount
15
25.0 units
16
26.6 units
17
28.2 units
18
29.8 units
19
31.4 units
20
35.0 units
21
36.6 units
22
38.2 units
23
39.8 units
24
41.4 units
25 or more
43.0 units

(c) For a retired member who was unmarried on September 1, 1997, and also
on October 25, 2001, who had 25 years of service credit as of October 25, 2001, and
submitted a valid application for the alternative service pension under new text beginMinnesota Statutes
2010,
new text endsection 423C.05, subdivision 9, the retirement annuity amount is 43.3 units.

Sec. 63.

Minnesota Statutes 2011 Supplement, section 353.6511, subdivision 7,
is amended to read:


Subd. 7.

Postretirement adjustments.

deleted text begin(a)deleted text end Effective on the first day of the month
next following the effective date of the consolidation under Laws 2011, First Special
Session chapter 8, article 6, section 19, service pensions and survivor benefits in force are
entitled to be recomputed with the number of units specified in subdivision 2, subdivision
4, and subdivision 6. Optional annuities under new text beginMinnesota Statutes 2010, new text endsection 423C.05,
subdivision 8
, also are entitled to be recomputed as the actuarial equivalent of the service
pensions and survivor benefits with the number of units specified in subdivision 2,
subdivision 4, and subdivision 6. Retirement annuities, service pensions, disability
benefits, and survivor benefits after December 31, 2015, are eligible for postretirement
adjustments under section 356.415, subdivision 1c. The unit value for the calculation of a
retirement annuity first payable after December 31, 2015, is the calendar year 2015 unit
value, plus any postretirement adjustment percentage amount under section 356.415,
subdivision 1c
, payable after December 31, 2015, and before the date of retirement.

Sec. 64.

Minnesota Statutes 2011 Supplement, section 353.667, subdivision 8, is
amended to read:


Subd. 8.

Cooperation with fraternal organization.

(a) This subdivision applies if
the membership of the former Minneapolis Firefighters Relief Association approves the
continuation of the relief association as a fraternal organization under Laws 2011, First
Special Session chapter 8, article 6, section deleted text begin16deleted text endnew text begin 17new text end.

(b) The executive director shall cooperate with the Minneapolis firefighters fraternal
association to ensure adequate communication with the former members of the former
Minneapolis Firefighters Relief Association consistent with Public Employees Retirement
Association policy.

Sec. 65.

Minnesota Statutes 2011 Supplement, section 353.668, subdivision 8, is
amended to read:


Subd. 8.

Cooperation with fraternal organization.

(a) This subdivision applies
if the membership of the former Minneapolis Police Relief Association approves the
continuation of the relief association as a fraternal organization under Laws 2011, First
Special Session chapter 8, article 7, section deleted text begin16deleted text endnew text begin 17new text end.

(b) The executive director shall cooperate with the Minneapolis police fraternal
association to ensure adequate communication with the former members of the former
Minneapolis Police Relief Association consistent with Public Employees Retirement
Association policy.

Sec. 66.

Minnesota Statutes 2010, section 390.32, subdivision 9, is amended to read:


Subd. 9.

Inquest procedure.

If the county attorney elects to conduct an inquest, the
county attorney shall promptly notify the judge of the need for an inquest and make all
arrangements for it. At the inquest, the judge shall preside and the county attorney shall
conduct the inquest on behalf of the state. Upon conclusion of the inquest, the judge shall
find the cause of death and sign and file a death record. The judge, upon application
of the county attorney, may issue subpoenas for witnesses in the manner provided by
section 390.15 and the judge shall administer the oath to them in the manner provided
by section deleted text begin390.16deleted text endnew text begin 390.33, subdivision 3new text end.

Sec. 67.

Minnesota Statutes 2011 Supplement, section 402A.35, subdivision 4, is
amended to read:


Subd. 4.

Process for establishing a service delivery authority.

(a) The county,
tribe, or consortium of counties meeting the requirements of new text beginthis new text endsection deleted text begin402A.30deleted text end and
proposing to establish a service delivery authority shall present to the council:

(1) in conjunction with the commissioner, a proposed memorandum of understanding
meeting the requirements of subdivision 1, paragraph (b), and outlining:

(i) the details of the proposal;

(ii) the state, tribal, and local resources, which may include, but are not limited to,
funding, administrative and technology support, and other requirements necessary for the
service delivery authority; and

(iii) the relief available to the service delivery authority if the resource commitments
identified in item (ii) are not met; and

(2) a board resolution from the board of commissioners of each participating county
stating the county's intent to participate, or in the case of a tribe, a resolution from tribal
government, stating the tribe's intent to participate.

(b) After the council has considered and recommended approval of a proposed
memorandum of understanding, the commissioner may finalize and execute the
memorandum of understanding.

Sec. 68.

Minnesota Statutes 2011 Supplement, section 515B.1-102, is amended to read:


515B.1-102 APPLICABILITY.

(a) Except as provided in this section, this chapter, and not chapters 515 and 515A,
applies to all common interest communities created within this state on and after June
1, 1994.

(b) The applicability of this chapter to common interest communities created prior to
June 1, 1994, shall be as follows:

(1) This chapter shall apply to condominiums created under chapter 515A with
respect to events and circumstances occurring on and after June 1, 1994; provided (i) that
this chapter shall not invalidate the declarations, bylaws or condominium plats of those
condominiums, and (ii) that chapter 515A, and not this chapter, shall govern all rights and
obligations of a declarant of a condominium created under chapter 515A, and the rights
and claims of unit owners against that declarant.

(2) The following sections in this chapter apply to condominiums created under
chapter 515: 515B.1-104 (Variation by Agreement); 515B.1-105 (Separate Titles and
Taxation); 515B.1-106 (Applicability of Local Requirements); 515B.1-107 (Eminent
Domain); 515B.1-108 (This Chapter Prevails; Supplemental Law); 515B.1-109
(Construction Against Implicit Repeal); 515B.1-112 (Unconscionable Agreement or
Term of Contract); 515B.1-113 (Obligation of Good Faith); 515B.1-114 (Remedies to be
Liberally Administered); 515B.1-115 (Notice); 515B.1-116 (Recording); 515B.2-103
(Construction and Validity of Declaration and Bylaws); 515B.2-104 (Description
of Units); 515B.2-108(d) (Allocation of Interests); 515B.2-109deleted text begin(c)deleted text endnew text begin (f)new text end (Common
Elements and Limited Common Elements); 515B.2-112 (Subdivision, Combination,
or Conversion of Units); 515B.2-113 (Alteration of Units); 515B.2-114 (Relocation of
Boundaries Between Adjoining Units); 515B.2-115 (Minor Variations in Boundaries);
515B.2-118 (Amendment of Declaration); 515B.2-119 (Termination of Common Interest
Community); 515B.3-102 (Powers of Unit Owners' Association); 515B.3-103(a), (b),
and (g) (Board of Directors, Officers, and Declarant Control); 515B.3-107 (Upkeep
of Common Interest Community); 515B.3-108 (Meetings); 515B.3-109 (Quorums);
515B.3-110 (Voting; Proxies); 515B.3-111 (Tort and Contract Liability); 515B.3-112
(Conveyance of, or Creation of Security Interests in, Common Elements); 515B.3-113
(Insurance); 515B.3-114 (Replacement Reserves); 515B.3-115 (c), (e), (f), (g), (h), and (i)
(Assessments for Common Expenses); 515B.3-116 (Lien for Assessments); 515B.3-117
(Other Liens); 515B.3-118 (Association Records); 515B.3-119 (Association as Trustee);
515B.3-121 (Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108
(Purchaser's Right to Cancel Resale); and 515B.4-116 (Rights of Action; Attorney's Fees).
Section 515B.1-103 (Definitions) shall apply to the extent necessary in construing any of
the sections referenced in this section. Sections 515B.1-105, 515B.1-106, 515B.1-107,
515B.1-116, 515B.2-103, 515B.2-104, 515B.2-118, 515B.3-102, 515B.3-110,
515B.3-111, 515B.3-113, 515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107,
515B.4-108, and 515B.4-116 apply only with respect to events and circumstances
occurring on and after June 1, 1994. All other sections referenced in this section apply
only with respect to events and circumstances occurring after July 31, 1999. A section
referenced in this section does not invalidate the declarations, bylaws or condominium
plats of condominiums created before August 1, 1999. But all sections referenced in this
section prevail over the declarations, bylaws, CIC plats, rules and regulations under them,
of condominiums created before August 1, 1999, except to the extent that this chapter
defers to the declarations, bylaws, CIC plats, or rules and regulations issued under them.

(3) This chapter shall not apply to cooperatives and planned communities created
prior to June 1, 1994, or to planned communities that were created on or after June 1,
1994, and before August 1, 2006, and that consist of more than two but fewer than 13
units; except by election pursuant to subsection (d), and except that sections 515B.1-116,
subsections (a), (c), (d), and (e), 515B.4-107, and 515B.4-108, apply to all planned
communities and cooperatives regardless of when they are created, unless they are exempt
under subsection (e).

(c) This chapter shall not invalidate any amendment to the declaration, bylaws
or condominium plat of any condominium created under chapter 515 or 515A if the
amendment was recorded before June 1, 1994. Any amendment recorded on or after June
1, 1994, shall be adopted in conformity with the procedures and requirements specified by
those instruments and by this chapter. If the amendment grants to any person any rights,
powers or privileges permitted by this chapter, all correlative obligations, liabilities and
restrictions contained in this chapter shall also apply to that person.

(d) Any condominium created under chapter 515, any planned community or
cooperative which would be exempt from this chapter under subsection (e), or any planned
community or cooperative created prior to June 1, 1994, or any planned community that
was created on or after June 1, 1994, and prior to August 1, 2006, and that consists of
more than two but fewer than 13 units, may elect to be subject to this chapter, as follows:

(1) The election shall be accomplished by recording a declaration or amended
declaration, and a new or amended CIC plat where required, and by approving bylaws or
amended bylaws, which conform to the requirements of this chapter, and which, in the
case of amendments, are adopted in conformity with the procedures and requirements
specified by the existing declaration and bylaws of the common interest community,
and by any applicable statutes.

(2) In a condominium, the preexisting condominium plat shall be the CIC plat and
an amended CIC plat shall be required only if the amended declaration or bylaws contain
provisions inconsistent with the preexisting condominium plat. The condominium's CIC
number shall be the apartment ownership number or condominium number originally
assigned to it by the recording officer. In a cooperative in which the unit owners' interests
are characterized as real estate, a CIC plat shall be required. In a planned community,
the preexisting plat or registered land survey recorded pursuant to chapter 505, 508, or
508A, or the part of the plat or registered land survey upon which the common interest
community is located, shall be the CIC plat.

(3) The amendment shall comply with section 515B.2-118(a)(3) and (c); except that
the unanimous consent of the unit owners shall not be required for (i) a clarification of the
unit boundary description if the clarified boundary description is substantially consistent
with the preexisting CIC plat, or (ii) changes from common elements to limited common
elements that occur by operation of section 515B.2-109(c) and (d).

(4) Except as permitted by paragraph (3), no declarant, affiliate of declarant,
association, master association nor unit owner may acquire, increase, waive, reduce or
revoke any previously existing warranty rights or causes of action that one of said persons
has against any other of said persons by reason of exercising the right of election under
this subsection.

(5) A common interest community which elects to be subject to this chapter may, as
a part of the election process, change its form of ownership by complying with section
515B.2-123.

(e) Except as otherwise provided in this subsection, this chapter shall not apply,
except by election pursuant to subsection (d), to the following:

(1) a planned community which consists of two units, which utilizes a CIC plat
complying with section 515B.2-110(d)(1) and (2)new text begin, or section 515B.2-1101(d)(1) and (2)new text end,
which is not subject to any rights to subdivide or convert units or to add additional real
estate, and which is not subject to a master association;

(2) a common interest community that consists solely of platted lots or other
separate parcels of real estate designed or utilized for detached single family dwellings or
agricultural purposes, with or without common property, where no association or master
association has an obligation to maintain any building containing a dwelling or any
agricultural building located or to be located on such platted lots or parcels; except that
section 515B.4-101(e) shall apply to the sale of such platted lots or parcels of real estate if
the common interest community is or will be subject to a master declaration;

(3) a cooperative where, at the time of creation of the cooperative, the unit owners'
interests in the dwellings as described in the declaration consist solely of proprietary
leases having an unexpired term of fewer than 20 years, including renewal options;

(4) planned communities utilizing a CIC plat complying with section
515B.2-110(d)(1) and (2)new text begin, or section 515B.2-1101(d)(1) and (2),new text end and cooperatives,
which are limited by the declaration to nonresidential uses alone or in combination with
residential rental uses in which individual dwellings do not constitute units or other
separate parcels of real estate; or

(5) real estate subject only to an instrument or instruments filed primarily for the
purpose of creating or modifying rights with respect to access, utilities, parking, ditches,
drainage, or irrigation.

(f) Section 515B.4-101(e) applies to any platted lot or other parcel of real estate that
is subject to a master declaration and is not subject to or is exempt from this chapter.

(g) Section 515B.1-106 shall apply to all common interest communities.

(h) Sections 515B.1-103(33a), 515B.2-110, 515B.3-105, 515B.3-115, deleted text begin515B.3-116,deleted text end
515B.4-102, and 515B.4-115 apply only to common interest communities created before
August 1, 2010. Sections 515B.1-103(33b), 515B.2-1101, 515B.3-1051, 515B.3-1151,
515B.4-1021, and 515B.4-1151 apply only to common interest communities created on
or after August 1, 2010.

(i) Section 515B.3-114 applies to common interest communities only for the
association's fiscal years commencing before January 1, 2012. Section 515B.3-1141
applies to common interest communities only for the association's fiscal years commencing
on or after January 1, 2012.

(j) Section 515B.3-104 applies only to transfers of special declarant rights that
are effective before August 1, 2010. Section 515B.3-1041, subsections (a) through (i),
apply only to transfers of special declarant rights that are effective on or after August 1,
2010. Section 515B.3-1041, subsections (j) and (k), apply only to special declarant rights
reserved in a declaration that is first recorded on or after August 1, 2010.

Sec. 69.

Minnesota Statutes 2011 Supplement, section 515B.3-105, is amended to read:


515B.3-105 TERMINATION OF CONTRACTS, LEASES; CIC CREATED
BEFORE AUGUST 1, 2010.

(a) If entered into prior to termination of the period of declarant control, (i) any
management contract, employment contract, or lease of recreational facilities, or garages
or other parking facilities, (ii) any contract, lease, or license binding the association, and
to which a declarant or an affiliate of a declarant is a party, or (iii) any contract, lease, or
license binding the association or any unit owner other than the declarant or an affiliate of
the declarant which is not bona fide or which was unconscionable to the unit owners at
the time entered into under the circumstances then prevailing, may be terminated without
penalty by the association under the procedures described in this section.

(b) If prior to expiration of the suspension period described innew text begin Minnesota Statutes
2008,
new text end section 515B.2-121, subsection (c), paragraph (3), a contract, lease, or license of a
type described in subsection (a) is entered into by a person having authority to appoint the
directors of the master association and is binding upon the master association, then the
master association, and not any association, may terminate the contract, lease, or license
under the procedures described in this section.

(c) Termination shall be upon no less than 90 days' notice. Notice of termination
shall be given by the association or master association, as applicable, in accordance with
section 515B.1-115; provided, that notice shall be effective only if given within two years
following the termination of the period of declarant control or the suspension period
described innew text begin Minnesota Statutes 2008,new text end section 515B.2-121, subsection (c), paragraph
(3), as applicable.

(d) This section does not apply to:

(1) any lease the termination of which would terminate the common interest
community;

(2) in the case of a cooperative, a mortgage or contract for deed encumbering real
estate owned by the association, except that if the mortgage or contract for deed contains
a contractual obligation involving a type of contract, lease, or license which may be
terminated pursuant to subsection (a) or (b), then that contractual obligation may be
terminated pursuant to subsection (c); or

(3) an agreement between a declarant or an affiliate of a declarant, or a person
having authority pursuant tonew text begin Minnesota Statutes 2008,new text end section 515B.2-121, subsection (c),
paragraph (3), to appoint the directors of the master association, and any governmental
entity, if such agreement is necessary to obtain governmental approvals, provide financing
under any type of government program, or provide for governmentally required access,
conservation, drainage, or utilities.

(e) This section applies only to common interest communities created before August
1, 2010.

Sec. 70.

Minnesota Statutes 2011 Supplement, section 515B.3-1151, is amended to
read:


515B.3-1151 ASSESSMENTS FOR COMMON EXPENSES; CIC CREATED
ON OR AFTER AUGUST 1, 2010.

(a) The association shall approve an annual budget of common expenses at or prior
to the conveyance of the first unit in the common interest community to a purchaser and
annually thereafter. The annual budget shall include all customary and necessary operating
expenses and replacement reserves for the common interest community, consistent
with this section and section 515B.3-114. For purposes of replacement reserves under
subsection (b), until an annual budget has been approved, the reserves shall be paid based
upon the budget contained in the disclosure statement required by section 515B.4-102.
The obligation of a unit owner to pay common expenses shall be as follows:

(1) If a common expense assessment has not been levied by the association, the
declarant shall pay all common expenses of the common interest community, including
the payment of the replacement reserve component of the common expenses for all units
in compliance with subsection (b).

(2) If a common expense assessment has been levied by the association, all unit
owners, including the declarant, shall pay the assessments levied against their units,
except as follows:

(i) The declaration may provide for an alternate common expense plan whereby the
declarant's common expense liability, and the corresponding assessment lien against the
units owned by the declarant, is limited to: (A) paying when due, in compliance with
subsection (b), an amount equal to the full share of the replacement reserves allocated to
units owned by the declarant, as set forth in the association's annual budget approved as
provided in this subsection; and (B) paying when due all accrued expenses of the common
interest community in excess of the aggregate assessments payable with respect to units
owned by persons other than a declarant; provided, that the alternate common expense
plan shall not affect a declarant's obligation to make up any operating deficit pursuant to
item (iv), and shall terminate upon the termination of any period of declarant control
unless terminated earlier pursuant to item (iii).

(ii) The alternate common expense plan may be authorized only by including in
the declaration and the disclosure statement required by section 515B.4-102 provisions
authorizing and disclosing the alternate common expense plan as described in item (i),
and including in the disclosure statement either (A) a statement that the alternate common
expense plan will have no effect on the level of services or amenities anticipated by the
association's budget contained in the disclosure statement, or (B) a statement describing
how the services or amenities may be affected.

(iii) A declarant shall give notice to the association of its intent to utilize the alternate
common expense plan and a commencement date after the date the notice is given. The
alternate common expense plan shall be valid only for periods after the notice is given.
A declarant may terminate its right to utilize the deleted text beginalternativedeleted text endnew text begin alternatenew text end common expense
plan prior to the termination of the period of declarant control only by giving notice to the
association and the unit owners at least 30 days prior to a selected termination date set
forth in the notice.

(iv) If a declarant utilizes an alternate common expense plan, that declarant shall
cause to be prepared and delivered to the association, at the declarant's expense, within
90 days after the termination of the period of declarant control, an audited balance sheet
and profit and loss statement certified to the association and prepared by an accountant
having the qualifications set forth in section 515B.3-121 (b). The audit shall be binding on
the declarant and the association.

(v) If the audited profit and loss statement shows an accumulated operating deficit,
the declarant shall be obligated to make up the deficit within 15 days after delivery of the
audit to the association, and the association shall have a claim against the declarant for
an amount equal to the deficit until paid. A declarant who does not utilize an alternate
common expense plan is not liable to make up any operating deficit. If more than one
declarant utilizes an alternate common expense plan, all declarants who utilize the plan
are jointly and severally liable to the association for any operating deficit.

(vi) The existence and amount, if any, of the operating deficit shall be determined
using the accrual method of accounting applied as of the date of termination of the period
of declarant control, regardless of the accounting methodology previously used by the
association to maintain its accounts.

(vii) Unless approved by a vote of the unit owners other than the declarant and
its affiliates, the operating deficit shall not be made up, prior to the election by the unit
owners of a board of directors pursuant to section 515B.3-103(d), through the use of a
special assessment described in subsection (c) or by assessments described in subsections
(e), (f), and (g).

(viii) The use by a declarant of an alternate common expense plan shall not affect
the obligations of the declarant or the association as provided in the declaration, the
bylaws, or this chapter, or as represented in the disclosure statement required by section
515B.4-102, except as to matters authorized by this chapter.

(b) The replacement reserves required by section 515B.3-114 shall be paid to the
association by each unit owner for each unit owned by that unit owner in accordance with
the association's annual budget approved pursuant to subsection (a), regardless of whether
an annual assessment has been levied or whether the declarant has utilized an alternate
common expense plan under subsection (a)(2). Replacement reserves shall be paid with
respect to a unit commencing as of the later of (1) the date of creation of the common
interest community or (2) the date that the structure and exterior of the building containing
the unit, or the structure and exterior of any building located within the unit boundaries,
but excluding the interior finishing of the structure itself, are substantially completed. If
the association has not approved an annual budget as of the commencement date for the
payment of replacement reserves, then the reserves shall be paid based upon the budget
contained in the disclosure statement required by section 515B.4-102.

(c) After an assessment has been levied by the association, assessments shall be
levied at least annually, based upon an annual budget approved by the association. In
addition to and not in lieu of annual assessments, an association may, if so provided in the
declaration, levy special assessments against all units in the common interest community
based upon the same formula required by the declaration for levying annual assessments.
Special assessments may be levied only (1) to cover expenditures of an emergency
nature, (2) to replenish underfunded replacement reserves, (3) to cover unbudgeted capital
expenditures or operating expenses, or (4) to replace certain components of the common
interest community described in section 515B.3-114(a), if such alternative method of
funding is approved under section 515B.3-114(a)(5). The association may also levy
assessments against fewer than all units as provided in subsections (e), (f), and (g). An
assessment under subsection (e)(2) for replacement reserves is subject to the requirements
of section 515B.3-1141(a)(5).

(d) Except as modified by subsections (a), clauses (1) and (2), (e), (f), and (g), all
common expenses shall be assessed against all the units in accordance with the allocations
established by the declaration pursuant to section 515B.2-108.

(e) Unless otherwise required by the declaration:

(1) any common expense associated with the maintenance, repair, or replacement
of a limited common element shall be assessed against the units to which that limited
common element is assigned, equally, or in any other proportion the declaration provides;

(2) any common expense or portion thereof benefiting fewer than all of the units
may be assessed exclusively against the units benefited, equally, or in any other proportion
the declaration provides;

(3) the costs of insurance may be assessed in proportion to risk or coverage, and the
costs of utilities may be assessed in proportion to usage;

(4) reasonable attorney fees and costs incurred by the association in connection with
(i) the collection of assessments, and (ii) the enforcement of this chapter, the articles,
bylaws, declaration, or rules and regulations, against a unit owner, may be assessed
against the unit owner's unit; and

(5) fees, charges, late charges, fines, and interest may be assessed as provided in
section 515B.3-116(a).

(f) Assessments levied under section 515B.3-116 to pay a judgment against the
association may be levied only against the units in the common interest community at the
time the judgment was entered, in proportion to their common expense liabilities.

(g) If any damage to the common elements or another unit is caused by the act or
omission of any unit owner, or occupant of a unit, or their invitees, the association may
assess the costs of repairing the damage exclusively against the unit owner's unit to the
extent not covered by insurance.

(h) Subject to any shorter period specified by the declaration or bylaws, if any
installment of an assessment becomes more than 60 days past due, then the association
may, upon ten days' written notice to the unit owner, declare the entire amount of the
assessment immediately due and payable in full.

(i) If common expense liabilities are reallocated for any purpose authorized by this
chapter, common expense assessments and any installment thereof not yet due shall be
recalculated in accordance with the reallocated common expense liabilities.

(j) An assessment against fewer than all of the units must be levied within three years
after the event or circumstances forming the basis for the assessment, or shall be barred.

(k) This section applies only to common interest communities created on or after
August 1, 2010.

Sec. 71.

Minnesota Statutes 2010, section 609.131, subdivision 2, is amended to read:


Subd. 2.

Certain violations excepted.

Subdivision 1 does not apply to a
misdemeanor violation of section 169A.20; 171.09, subdivision 1, paragraph deleted text begin(e)deleted text endnew text begin (g)new text end;
171.306, subdivision 6; 609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52;
or 617.23, or an ordinance that conforms in substantial part to any of those sections.
A violation described in this subdivision must be treated as a misdemeanor unless the
defendant consents to the certification of the violation as a petty misdemeanor.

Sec. 72.

Laws 2011, First Special Session chapter 8, article 7, section 19, is amended to
read:


Sec. 19. EFFECTIVE DATE; LOCAL APPROVAL.

(a) Sections 1 to 16, 17, paragraphs (a) to (d), and 18 are effective December 30,
2011, if the board of trustees of the Minneapolis Police Relief Association approves
the article and if a majority of the entire membership of the Minneapolis Police Relief
Association approves the article, if the chief administrative officer of the Minneapolis
Police Relief Association certifies those approvals to the mayor of the city of Minneapolis
and the president of the Minneapolis city council before September 15, 2011, if the
board of trustees of the Public Employees Retirement Association approves the article,
if the executive director of the Public Employees Retirement Association certifies that
approval to the mayor of the city of Minneapolis and the president of the Minneapolis city
council, if the governing body of the city of Minneapolis and the chief clerical officer of
Minneapolis timely complete their compliance with Minnesota Statutes, section 645.021,
subdivisions 2
and 3, on or before October 15, 2011, or on the date set by the board
of trustees of the Public Employees Retirement Association, in consultation with the
mayor of the city of Minneapolis and the executive director of the relief association, at the
first regular meeting of the Public Employees Retirement Association board of trustees
occurring after Minneapolis city council approval if the governing body of the city of
Minneapolis and the chief clerical officer of Minneapolis complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3, after October 15, 2011, and if a
comparable consolidation relating to the Minneapolis Firefighters Relief Association is
approved by all applicable entities under article deleted text begin7deleted text endnew text begin 6new text end.

(b) If the approvals occur under paragraph (a) in a timely fashion, section 17,
paragraph (e), is effective on the day following approval by the Minneapolis city council.

Sec. 73. new text beginSUPERSEDING ACTS.
new text end

new text begin Any amendments or repeals enacted in the 2012 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

Sec. 74. new text beginREVISOR'S INSTRUCTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Pediatric vaccine administration. new text end

new text begin The revisor shall renumber
Minnesota Statutes, section 145.667, as section 145.671 and renumber Minnesota Statutes,
section 145.668, as section 145.672. The revisor shall change any cross-references to
reflect the changes in this section.
new text end

new text begin Subd. 2. new text end

new text begin Registration of pharmacy technicians. new text end

new text begin In Minnesota Rules, part
6800.3850, subpart 1h, item B, the revisor shall change "January 1, 2013" to "January 1,
2014" and change "January 1, 2012" to "January 1, 2013."
new text end

Sec. 75. new text begin REPEALERS.
new text end

new text begin Subdivision 1. new text end

new text begin Obsolete section. new text end

new text begin Minnesota Statutes 2010, section 62Q.10, 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 2010, section 148C.04,
subdivision 3,
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 2010, section 326B.82,
subdivision 1,
new text end new text begin is repealed.
new text end

new text begin Subd. 4. new text end

new text begin Obsolete rule. new text end

new text begin Minnesota Rules, part 4604.0600, subpart 2, new text end new text begin is repealed.
new text end

new text begin Subd. 5. new text end

new text begin Statutory conflict. new text end

new text begin Laws 2011, First Special Session chapter 9, article 6,
section 87,
new text end new text begin is repealed effective retroactively from July 21, 2011.
new text end

new text begin Subd. 6. new text end

new text begin Statutory conflict. new text end

new text begin Laws 2011, chapter 22, article 1, section 1, new text end new text begin is repealed.
new text end

ARTICLE 2

DATA PRACTICES

Section 1.

Minnesota Statutes 2010, section 13.6401, subdivision 2, is amended to read:


Subd. 2.

Department of Management and Budget.

(a) Financial documents.
Data sharing of financial documents between agencies and the commissioner of
management and budget is governed by section 16A.055.

(b) Electronic payments. Data relating to government services transactions is
governed by section 16A.626.

(c) Register of ownership of bonds or certificates. Information in a register of
ownership of state bonds or certificates is classified under section 16A.672, subdivision
11
new text begin, or, for tobacco securitization bonds, under section 16A.98, subdivision 5, paragraph (l)new text end.

Sec. 2.

Minnesota Statutes 2010, section 13.716, subdivision 1, is amended to read:


Subdivision 1.

Scope.

The sections referred to in deleted text beginsubdivisions 2 to 7deleted text endnew text begin this sectionnew text end
are codified outside chapter 13. Those sections classify general insurance powers data as
other than public, place restrictions on access to government data, or involve data sharing.

Sec. 3.

Minnesota Statutes 2010, section 13.7191, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin Broker association data. new text end

new text begin Certain reports and recommendations made by
a broker association to the commissioner of commerce regarding the financial condition of
any eligible surplus lines insurer are classified under section 60A.208, subdivision 7.
new text end

Sec. 4.

Minnesota Statutes 2010, section 13.7191, is amended by adding a subdivision
to read:


new text begin Subd. 21. new text end

new text begin Surplus Lines Association data. new text end

new text begin Certain data submitted to the
commissioner of commerce by the Surplus Lines Association of Minnesota are classified
under section 60A.2085, subdivision 8.
new text end

Sec. 5.

Minnesota Statutes 2010, section 13.7191, is amended by adding a subdivision
to read:


new text begin Subd. 22. new text end

new text begin Resident adjuster license; background check data. new text end

new text begin Certain data
obtained during background checks of applicants for a resident adjuster license are
classified under section 72B.041, subdivision 2.
new text end

Sec. 6.

Minnesota Statutes 2010, section 13.805, subdivision 1, is amended to read:


Subdivision 1.

Scope.

The deleted text beginsectiondeleted text endnew text begin sectionsnew text end referred to in deleted text beginsubdivision 2 isdeleted text endnew text begin this
section are
new text end codified outside this chapter. This section classifies address confidentiality
program data as other than public.

ARTICLE 3

CONFORMING CHANGES WITH 2011 BOARD OF SOCIAL
WORK PRACTICE ACT

Section 1.

Minnesota Statutes 2010, section 13.383, subdivision 10, is amended to read:


Subd. 10.

Social workers.

(a) Disciplinary data generally. Data held by the
Board of Social Work in connection with disciplinary matters are classified under sections
deleted text begin 148D.255 to 148D.270deleted text endnew text begin 148E.255 to 148E.270new text end.

(b) Reports of violations. Certain reports of violations submitted to the Board of
Social Work are classified under sections deleted text begin148D.240 to 148D.250deleted text endnew text begin 148E.240 to 148E.250new text end.

(c) Client records. Client records of a patient cared for by a social worker who is
under review by the Board of Social Work are classified under section deleted text begin148D.230deleted text endnew text begin 148E.230new text end.

Sec. 2.

Minnesota Statutes 2010, section 148D.061, is amended to read:


148D.061 PROVISIONAL LICENSES.

Subdivision 1.

Requirements for a provisional license.

An applicant may be
issued a provisional license if the applicant:

(1) was born in a foreign country;

(2) communicates in English as a second language;

(3) has taken the applicable examination administered by the Association of Social
Work Boards or similar examination body designated by the board;

(4) has met the requirements of section deleted text begin148D.055deleted text endnew text begin 148E.055new text end, subdivision 2,
paragraph (a), clauses (1), (3), (4), (5), and (6); or subdivision 3, paragraph (a), clauses
(1), (3), (4), (5), and (6); or subdivision 4, paragraph (a), clauses (1), (2), (4), (5), (6), and
(7); or subdivision 5, paragraph (a), clauses (1), (2), (4), (5), (6), and (7); and

(5) complies with the requirements of subdivisions 2 to 7.

Subd. 2.

License term.

(a) A provisional license is valid until expiration, or until
the board issues or denies a license under section deleted text begin148D.055deleted text endnew text begin 148E.055new text end, or until the board
revokes the provisional license, whichever occurs first.

(b) A provisional license expires three years after the effective date of the license.

Subd. 3.

Scope of practice.

A licensee who is issued a provisional license must
comply with the requirements of section deleted text begin148D.050deleted text endnew text begin 148E.050new text end.

Subd. 4.

Fee.

A licensee who is issued a provisional license must pay the
appropriate license fee specified in section deleted text begin148D.180deleted text endnew text begin 148E.180new text end.

Subd. 5.

Supervised practice requirements.

A licensee who is issued a provisional
license must document supervised practice as provided in section 148D.062. If a licensee
issued a provisional license is granted a license under section deleted text begin148D.055deleted text endnew text begin 148E.055new text end, the
licensee must also meet the supervised practice requirements in sections deleted text begin148D.100 to
148D.115
deleted text endnew text begin 148E.100 to 148E.115new text end. The supervised practice completed under a provisional
license does not apply to this requirement.

Subd. 6.

Evaluation by supervisor.

(a) After being issued a provisional license
under subdivision 1, the licensee's supervisor must submit an evaluation every six months
during the first 2,000 hours of social work practice. The evaluation must meet the
requirements in section 148D.063. The supervisor must meet the eligibility requirements
specified in section 148D.062.

(b) After completion of 2,000 hours of supervised social work practice, the licensee's
supervisor must submit a final evaluation and attest to the applicant's ability to engage
in the practice of social work competently and ethically.

Subd. 7.

Completion of requirements.

Upon completion of the requirements for a
provisional license under subdivisions 1 to 6, an applicant shall not practice social work in
Minnesota except as provided in section deleted text begin148D.065deleted text endnew text begin 148E.065new text end, unless licensed according
to section deleted text begin148D.055deleted text endnew text begin 148E.055new text end.

Subd. 8.

Disciplinary or other action.

The board may take action according to
sections deleted text begin148D.260 to 148D.270deleted text endnew text begin 148E.260 to 148E.270new text end if:

(1) the licensee's supervisor does not submit an evaluation as required by section
148D.063;

(2) an evaluation submitted according to section 148D.063 indicates that the licensee
cannot practice social work competently and ethically; or

(3) the licensee does not comply with the requirements of subdivisions 1 to 7.

Subd. 9.

Revocation of provisional license.

The board may immediately revoke
the provisional license of a licensee who violates any requirements of this section. The
revocation must be made for cause. A licensee whose provisional license is revoked must
immediately return the provisional license to the board.

Sec. 3.

Minnesota Statutes 2010, section 148D.062, subdivision 4, is amended to read:


Subd. 4.

Supervisor requirements.

(a) The supervision required by subdivision
1 must be provided by a supervisor who meets the requirements in section deleted text begin148D.120deleted text endnew text begin
148E.120
new text end and has either:

(1) 5,000 hours experience engaged in authorized social work practice; or

(2) completed 30 hours of training in supervision, which may be satisfied by
completing academic coursework in supervision or continuing education courses in
supervision as defined in section deleted text begin148D.010deleted text endnew text begin 148E.010new text end, subdivision deleted text begin16deleted text endnew text begin 18new text end.

(b) Supervision must be provided:

(1) if the supervisee is not engaged in clinical practice and the supervisee has a
provisional license to practice as a licensed social worker, by a licensed social worker who
has completed the supervised practice requirements;

(2) if the supervisee is not engaged in clinical practice and the supervisee has a
provisional license to practice as a licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker, by:

(i) a licensed graduate social worker who has completed the supervised practice
requirements;

(ii) a licensed independent social worker; or

(iii) a licensed independent clinical social worker;

(3) if the supervisee is engaged in clinical practice and the supervisee has a
provisional license to practice as a licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker, by a licensed independent
clinical social worker; or

(4) by a supervisor who meets the requirements in section deleted text begin148D.120deleted text endnew text begin 148E.120new text end,
subdivision 2
.

Sec. 4.

Minnesota Statutes 2010, section 148D.063, subdivision 2, is amended to read:


Subd. 2.

Evaluation.

(a) When a licensee's supervisor submits an evaluation to the
board according to section 148D.061, subdivision 6, the supervisee and supervisor must
provide the following information on a form provided by the board:

(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;

(2) the name and qualifications of the supervisor;

(3) the number of hours and dates of each type of supervision completed;

(4) the supervisee's position description;

(5) a declaration that the supervisee has not engaged in conduct in violation of the
standards of practice in sections deleted text begin148D.195 to 148D.240deleted text endnew text begin 148E.195 to 148E.240new text end;

(6) a declaration that the supervisee has practiced competently and ethically
according to professional social work knowledge, skills, and values; and

(7) on a form provided by the board, an evaluation of the licensee's practice in
the following areas:

(i) development of professional social work knowledge, skills, and values;

(ii) practice methods;

(iii) authorized scope of practice;

(iv) ensuring continuing competence;

(v) ethical standards of practice; and

(vi) clinical practice, if applicable.

(b) The supervisor must attest to the satisfaction of the board that the supervisee has
met or has made progress on meeting the applicable supervised practice requirements.

Sec. 5.

Minnesota Statutes 2010, section 148E.100, subdivision 2a, is amended to read:


Subd. 2a.

Supervised practice obtained prior to August 1, 2011.

(a)
Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
of supervised practice completed prior to August 1, 2011, which comply with new text beginMinnesota
Statutes 2010,
new text endsections 148D.100 to 148D.125. These hours must apply to supervised
practice requirements in effect as specified in this section.

(b) Any additional hours of supervised practice obtained effective August 1, 2011,
must comply with the increased requirements specified in this section.

Sec. 6.

Minnesota Statutes 2010, section 148E.105, subdivision 2a, is amended to read:


Subd. 2a.

Supervised practice obtained prior to August 1, 2011.

(a)
Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
of supervised practice completed prior to August 1, 2011, which comply with new text beginMinnesota
Statutes 2010,
new text endsections 148D.100 to 148D.125. These hours shall apply to supervised
practice requirements in effect as specified in this section.

(b) Any additional hours of supervised practice obtained effective August 1, 2011,
must comply with the increased requirements specified in this section.

Sec. 7.

Minnesota Statutes 2010, section 148E.106, subdivision 2a, is amended to read:


Subd. 2a.

Supervised practice obtained prior to August 1, 2011.

(a)
Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
of supervised practice completed prior to August 1, 2011, which comply with new text beginMinnesota
Statutes 2010,
new text endsections 148D.100 to 148D.125. These hours shall apply to supervised
practice requirements in effect as specified in this section.

(b) Any additional hours of supervised practice obtained effective August 1, 2011,
must comply with the increased requirements specified in this section.

(c) Notwithstanding the requirements in subdivision 2, clause (1), direct clinical
client contact hours are (i) not required prior to August 1, 2011, and (ii) not required of
a licensed graduate social worker engaged in clinical practice with a licensed graduate
social worker license issue date prior to August 1, 2011.

Sec. 8.

Minnesota Statutes 2010, section 148E.110, subdivision 1a, is amended to read:


Subd. 1a.

Supervised practice obtained prior to August 1, 2011.

(a)
Notwithstanding subdivision 1, the board shall approve supervised practice hours
completed prior to August 1, 2011, which comply with new text beginMinnesota Statutes 2010, new text endsections
148D.100 to 148D.125. These hours must apply to supervised practice requirements in
effect as specified in this section.

(b) Any additional hours of supervised practice obtained on or after August 1, 2011,
must comply with the increased requirements in this section.

Sec. 9.

Minnesota Statutes 2010, section 148E.115, subdivision 1a, is amended to read:


Subd. 1a.

Supervised practice obtained prior to August 1, 2011.

(a)
Notwithstanding subdivisions 1 and 2, applicants and licensees who have completed hours
of supervised practice prior to August 1, 2011, which comply with new text beginMinnesota Statutes
2010,
new text endsections 148D.100 to 148D.125, may have that supervised practice applied to the
licensing requirement.

(b) Any additional hours of supervised practice obtained on or after August 1, 2011,
must comply with the increased requirements in this section.

(c) Notwithstanding subdivision 1, in order to qualify for the licensed independent
clinical social work license, direct clinical client contact hours are:

(1) not required prior to August 1, 2011; and

(2) not required of either a licensed graduate social worker or a licensed independent
social worker engaged in clinical practice with a license issued prior to August 1, 2011.

Sec. 10.

Minnesota Statutes 2010, section 148E.130, subdivision 1a, is amended to
read:


Subd. 1a.

Increased clock hours required effective August 1, 2011.

(a)
Notwithstanding the requirements in subdivision 8, the clock hours specified in
subdivisions 1 and 4 to 6 apply to all new licenses issued effective August 1, 2011, under
section 148E.055.

(b) Any licensee issued a license prior to August 1, 2011, under new text beginMinnesota Statutes
2010,
new text endsection 148D.055 must comply with the increased clock hours in subdivisions 1
and 4 to 6, and must document the clock hours at the first two-year renewal term after
August 1, 2011.

Sec. 11.

Minnesota Statutes 2010, section 214.01, subdivision 2, is amended to read:


Subd. 2.

Health-related licensing board.

"Health-related licensing board" means
the Board of Examiners of Nursing Home Administrators established pursuant to section
144A.19, the Office of Unlicensed Complementary and Alternative Health Care Practice
established pursuant to section 146A.02, the Board of Medical Practice created pursuant
to section 147.01, the Board of Nursing created pursuant to section 148.181, the Board of
Chiropractic Examiners established pursuant to section 148.02, the Board of Optometry
established pursuant to section 148.52, the Board of Physical Therapy established pursuant
to section 148.67, the Board of Psychology established pursuant to section 148.90, the
Board of Social Work pursuant to section deleted text begin148D.025deleted text endnew text begin 148E.025new text end, the Board of Marriage
and Family Therapy pursuant to section 148B.30, deleted text beginthe Office of Mental Health Practice
established pursuant to section 148B.61,
deleted text end the Board of Behavioral Health and Therapy
established by section 148B.51, the Board of Dietetics and Nutrition Practice established
under section 148.622, the Board of Dentistry established pursuant to section 150A.02,
the Board of Pharmacy established pursuant to section 151.02, the Board of Podiatric
Medicine established pursuant to section 153.02, and the Board of Veterinary Medicine
established pursuant to section 156.01.

Sec. 12.

Minnesota Statutes 2010, section 256B.0625, subdivision 19c, is amended to
read:


Subd. 19c.

Personal care.

Medical assistance covers personal care assistance
services provided by an individual who is qualified to provide the services according to
subdivision 19a and sections 256B.0651 to 256B.0656, provided in accordance with a
plan, and supervised by a qualified professional.

"Qualified professional" means a mental health professional as defined in section
245.462, subdivision 18, or 245.4871, subdivision 27; or a registered nurse as defined in
sections 148.171 to 148.285, a licensed social worker as defined in sections deleted text begin148D.010
and 148D.055
deleted text endnew text begin 148E.010 and 148E.055new text end, or a qualified developmental disabilities specialist
under section 245B.07, subdivision 4. The qualified professional shall perform the duties
required in section 256B.0659.