Minnesota Legislature
SF 3656
Conference Committee Report - 90th Legislature (2017 - 2018) Posted on 05/19/2018 07:09pm
5.27 5.28
5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 5.37 5.38 5.39 5.40
5.41 6.1 6.2 6.3 6.4
6.5 6.6 6.7 6.8 6.9
6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30
6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5
8.6 8.7
8.8 8.9
8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28
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 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
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
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 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 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 16.1 16.2
16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13
16.14 16.15 16.16 16.17 16.18 16.19 16.20
16.21 16.22 16.23 16.24 16.25
16.26 16.27 16.28 16.29 16.30 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26
17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10
18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32
19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9
19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 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 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 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 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 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 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 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 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
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
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 30.1 30.2 30.3 30.4 30.5 30.6
30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27
30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8
31.9 31.10
31.11 31.12
31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 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 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28
36.29
36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27
37.28
37.29 37.30 37.31 37.32 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8
39.9
39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14
40.15
40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25
40.26 40.27 40.28 40.29 40.30 40.31 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 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 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 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32
45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 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 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
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 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14
49.15
49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30
51.31
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24
52.25
52.26 52.27 52.28 52.29 52.30 52.31 52.32 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
54.1 54.2
54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14
54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18
56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33
57.1 57.2 57.4 57.3 57.5 57.7 57.6 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 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 59.35 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 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 62.35 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 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28
68.29 68.30 68.31 68.32 68.33 68.34 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31
81.32 81.33 81.34 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28
82.29 82.30 82.31 82.32 82.33
83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 84.1 84.2 84.3 84.4 84.5 84.6
84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 85.1 85.2 85.3 85.4
85.5 85.6
85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10
86.11
86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25
86.26
86.27 86.28 86.29 86.30 86.31 86.32 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10
87.11 87.12 87.13 87.14
87.15 87.16
87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28
87.29 87.30 87.31 88.1 88.2
88.3 88.4
88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28
88.29 88.30 88.31 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 90.1 90.2
90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15
90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13
91.14 91.15
91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24
91.25
91.26 91.27 91.28 91.29 91.30 91.31 91.32 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16
92.17
92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 93.1 93.2 93.3
93.4
93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16
96.17
96.18 96.19 96.20 96.21 96.22
96.23 96.24
96.25 96.26 96.27 96.28 96.29 96.30 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12
102.13 102.14
102.15 102.16
102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17
103.18 103.19
103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21
105.22 105.23
105.24 105.25
105.26 105.27 105.28 105.29 105.30 105.31 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15
108.16 108.17 108.18
108.19 108.20
108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27
110.28 110.29
110.30 110.31 110.32 110.33 110.34 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13
111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.23 111.22 111.25 111.24 111.27 111.26 111.29 111.28 111.31 111.30 111.33 111.32 111.35 111.34 111.37 111.36 112.2 112.1 112.4 112.3 112.6 112.5 112.8 112.7 112.10 112.9 112.12 112.11 112.14 112.13 112.16 112.15 112.18 112.17 112.20 112.19 112.22 112.21 112.24 112.23 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34
112.35 112.36 112.37 112.38 112.39 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20
113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 113.35 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23
114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13
116.14
116.15 116.16 116.17
116.18 116.19
116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 118.1 118.2
118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16
121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19
122.20
122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 124.1 124.2 124.3
124.4
124.5 124.6
124.7 124.8
124.9 124.10 124.11 124.12 124.13 124.14 124.15
124.16
124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26
124.27
124.28 124.29
125.1 125.2
125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25
126.26 126.27 126.28 126.29 126.30 126.31 126.32 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 128.1 128.2
128.3 128.4
128.5 128.6
128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22
128.23 128.24 128.25 128.26 128.27 128.28 128.29 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12
129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27
129.28
129.29 129.30 129.31 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31
132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12
134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31
135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22
135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28
136.29 136.30 136.31 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15
137.16 137.17
137.18 137.19
137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30
138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34 139.1 139.2
139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19
139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12
140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26
140.27 140.28 140.29 140.30 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9
141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21
141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 142.1 142.2
142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20
142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29
143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11
143.12 143.13
143.14 143.15
143.16 143.17
143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30
144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 145.1 145.2 145.3 145.4
145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16
150.17 150.18 150.19 150.20 150.21 150.22
150.23 150.24 150.25 150.26 150.27 150.28 150.29
150.30
150.31 150.32 151.1 151.2 151.3 151.4 151.5 151.6
151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29
152.30 152.31 152.32 152.33 152.34 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 155.1 155.2
155.3 155.5 155.4 155.6 155.7 155.8 155.10 155.9 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 155.35 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34
157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 157.35 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 158.35 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34
161.1 161.2
161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34
162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14
162.15 162.16 162.17 162.18 162.19
162.20 162.21 162.22 162.23 162.24 162.25
162.26 162.27 162.28 162.29 162.30
163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31
165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8
165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28
165.29 165.30 165.31 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25
166.26
166.27 166.28 166.29 166.30 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 168.1 168.2 168.3 168.4 168.5 168.6
168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8
169.9 169.10
169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19
170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8
172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27
172.28
173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17
174.18
174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16
175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32
176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15
176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12
177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14
178.15 178.16
178.17 178.18 178.19 178.20 178.21
178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16
179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 180.1 180.2
180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13
180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13
181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29
181.30 181.31 181.32
182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12
182.13 182.14 182.15 182.16 182.17 182.18
182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26
182.27 182.28 182.29 182.30 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26
183.27 183.28 183.29 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30
185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17
185.18
185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 186.1 186.2 186.3 186.4 186.5 186.6 186.7
186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16
186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22
187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9
188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19
188.20 188.21 188.22 188.23
188.24 188.25 188.26 188.27
189.1 189.2 189.3 189.4 189.5 189.6
189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18
189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28
189.29 189.30 189.31 190.1 190.2 190.3 190.4 190.5 190.6
190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16
190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13
191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30
192.1 192.2 192.3 192.4
192.5 192.6 192.7 192.8
192.9 192.10 192.11 192.12 192.13
192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22
192.23 192.24 192.25 192.26 192.27 192.28 192.29 193.1 193.2
193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21
193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24
194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15
195.16 195.17 195.18 195.19 195.20 195.21
195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13
196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23
196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23
198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13
199.14 199.15 199.16 199.17 199.18 199.19 199.20
199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 200.1 200.2 200.3 200.4
200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14
200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 202.1 202.2 202.3 202.4
202.5 202.6 202.7 202.8 202.9 202.10 202.11
202.12
202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15
203.16
203.17 203.18 203.19 203.20 203.21
203.22 203.23
203.24 203.25 203.26 203.27 203.28 203.29 203.30
204.1 204.2 204.3
204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 205.1 205.2
205.3 205.4 205.5
205.6 205.7 205.8 205.9 205.10 205.11 205.12
205.13 205.14 205.15
205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 205.33 206.1 206.2 206.3
206.4 206.5 206.6
206.7 206.8 206.9 206.10 206.11 206.12 206.13
206.14 206.15 206.16
206.17 206.18 206.19 206.20 206.21 206.22 206.23
206.24 206.25 206.26
206.27 206.28 206.29 206.30 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10
207.11 207.12 207.13
207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8
208.9
208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11
209.12
209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20
209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30
210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9
210.10 210.11 210.12 210.13
210.14 210.15 210.16 210.17
210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27
210.28 210.29 211.1 211.2 211.3 211.4
211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17
211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30
212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 213.1 213.2 213.3 213.4 213.5 213.6 213.7
213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17
213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25
213.26 213.27 213.28 213.29 213.30 213.31 213.32 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17
214.18 214.19 214.20
214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 215.1 215.2 215.3
215.4 215.5 215.6
215.7 215.8 215.9 215.10 215.11 215.12
215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 216.1 216.2 216.3 216.4
216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23
216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20
217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32
218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13
218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22
218.23 218.24 218.25 218.26 218.27
218.28 218.29 218.30 218.31 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8
219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 219.34 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10
220.11 220.12 220.13
220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28
220.29 220.30 220.31
221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8
221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19
221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24
222.25 222.26 222.27 222.28 222.29 222.30 222.31 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 224.1 224.2 224.3 224.4 224.5 224.6
224.7 224.8 224.9 224.10
224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19
224.20 224.21 224.22 224.23 224.24 224.25 224.26
224.27 224.28 224.29 224.30 224.31 225.1 225.2 225.3 225.4
225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17
225.18 225.19 225.20
225.21 225.22 225.23
225.24 225.25
225.26 225.27 225.28 225.29 225.30 225.31
226.1
226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 227.31 227.32 228.1 228.2 228.3 228.4
228.5
228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 229.1 229.2
229.3
229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28 229.29 229.30 229.31 229.32 229.33 229.34 230.1 230.2 230.3 230.4 230.5 230.6
230.7 230.8 230.9 230.10 230.11 230.12 230.13
230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23
230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32
231.1
231.2 231.3
231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16
231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9
232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27
232.28 232.29 232.30 232.31 232.32 232.33 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 233.33 234.1 234.2 234.3 234.4 234.5 234.6
234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 234.31 234.32 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29
235.30 235.31 235.32 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19
237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 238.1 238.2 238.3 238.4 238.5
238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22
238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31 238.32 238.33 239.1 239.2 239.3 239.4
239.5 239.6 239.7 239.8
239.9 239.10 239.11 239.12 239.13 239.14 239.15
239.16 239.17 239.18 239.19
239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28
240.1 240.2 240.3 240.4
240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26
240.27 240.28 240.29 241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23
241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 241.32 241.33 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8
242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21
243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31
244.1 244.2 244.3 244.4 244.5 244.6 244.7
244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18
244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18
245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31
247.1 247.2 247.3 247.4
247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 247.33 247.34 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10
248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16
249.17 249.18 249.19 249.20
249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 250.1 250.2 250.3 250.4 250.5 250.6 250.7
250.8 250.9 250.10 250.11 250.12 250.13
250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 250.31 250.32
251.1 251.2
251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13
251.14 251.15 251.16 251.17 251.18 251.19 251.20
251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12
252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26
252.27
252.28 252.29 252.30 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11
253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 253.32 253.33 254.1 254.2
254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12
254.13 254.14 254.15 254.16 254.17 254.18 254.19
254.20 254.21 254.22 254.23 254.24 254.25 254.26
254.27 254.28 254.29 254.30 254.31 255.1 255.2
255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26
255.27 255.28 255.29 255.30 255.31 255.32 255.33 255.34 256.1 256.2 256.3 256.4
256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14
256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23
256.24 256.25 256.26
256.27 256.28
256.29 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13
257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31 257.32 257.33 257.34 257.35 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 258.33 258.34 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12
260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21
260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 260.32 260.33 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 261.32 261.33 261.34 261.35 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17
262.18
262.19 262.20 262.21 262.22 262.23 262.24
262.25 262.26 262.27 262.28 262.29 262.30 262.31 262.32 262.33 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 263.33 263.34 263.35 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31 264.32 264.33 264.34 264.35 264.36 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 265.33 265.34 265.35 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 266.33 266.34 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27
267.28 267.29 267.31 267.30 267.32 267.33 267.34 268.2 268.1 268.4 268.3 268.5 268.6 268.7 268.8 268.9 268.10 268.11
268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.21 268.20 268.22 268.23 268.24 268.26 268.25 268.27 268.28 268.29 268.30 268.31 268.32 268.33 268.34 268.35 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20
269.21 269.22 269.23 269.24 269.25 269.26 269.28 269.27 269.29 269.30 269.31 269.32 269.33 269.34 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 270.29 270.30 270.31 270.32 270.33 270.34
271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 271.32 271.33
272.1 272.2
272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 273.1 273.2 273.3 273.4
273.5
273.6 273.7 273.8 273.9 273.10 273.11
273.12 273.13
273.14 273.15 273.16 273.17
273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26
273.27 273.28
274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 274.32 274.33 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 275.34 275.35 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 276.33 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 277.31 277.32 277.33 277.34 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18
278.19 278.20 278.21 278.22 278.23 278.24
278.25 278.26 278.27 278.28 278.29 278.30 278.31 278.32 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9
279.10
279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22
279.23
279.24 279.25 279.26 279.27 279.28 279.29
280.1 280.2 280.3 280.4 280.5 280.6 280.7
280.8 280.9 280.10 280.11 280.12 280.13 280.14
280.15 280.16 280.17 280.18 280.19 280.20
280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28
281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19
282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 282.33
283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 283.32 283.33 284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15
284.16 284.17 284.18 284.19 284.20 284.21
284.22
284.23 284.24 284.25
284.26
284.27 284.28 284.29 285.1 285.2 285.3 285.4 285.5
285.6
285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14
285.15 285.16 285.17 285.18 285.19 285.20
285.21 285.22 285.23 285.24 285.25
285.26 285.27 285.28 285.29 285.30 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22
286.23
286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 287.1 287.2 287.3
287.4 287.5 287.6 287.7 287.8
287.9
287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18
287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 287.32 288.1 288.2 288.3
288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12
288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28
288.29 288.30 288.31 288.32 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14
289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22
289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13
291.14 291.15
291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12
292.13 292.14 292.15 292.16 292.17
292.18 292.19 292.20 292.21
292.22 292.23 292.24 292.25 292.26 292.27
292.28 292.29 292.30 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14
293.15
293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 293.31 293.32 293.33 294.1 294.2
294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 294.32
295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14
295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24
296.25 296.26
296.27 296.28 296.29 296.30 296.31 296.32 296.33 296.34 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21
297.22 297.23
297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31
298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9
298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14
299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32
300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11
301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31 301.32
302.1 302.2 302.3 302.4 302.5 302.6 302.7
302.8 302.9 302.10 302.11 302.12
302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25 302.26 302.27 302.28 302.29 302.30 302.31 303.1 303.2
303.3 303.4 303.5 303.6 303.7 303.8 303.9
303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27 303.28
304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19
304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 305.1 305.2 305.3 305.4
305.5 305.6
305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22
305.23 305.24 305.25 305.26 305.27 305.28
305.29 305.30 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14
306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 307.1 307.2 307.3
307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13 307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30
308.1 308.2 308.3 308.4 308.5 308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16
308.17
308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 309.1 309.2 309.3 309.4 309.5
309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25
309.26 309.27 309.28 309.29 309.30 310.1 310.2 310.3 310.4 310.5 310.6
310.7 310.8 310.9 310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21
310.22
310.23 310.24 310.25 310.26 310.27 310.28 310.29 311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22
311.23
311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 311.32 311.33 312.1 312.2 312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15
312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29 312.30 312.31 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8
313.9
313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29 313.30 313.31 313.32 313.33 313.34 313.35 313.36 313.37 313.38 313.39 313.40 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 314.34 314.35 314.36 314.37
315.1 315.2 315.3 315.4 315.5 315.6
315.7 315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18
315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26
316.27 316.28 316.29 316.30 316.31 317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21
317.22 317.23 317.24
317.25
317.26 317.27 317.28 317.29 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9 318.10 318.11 318.12 318.13 318.14 318.15 318.16
318.17 318.18 318.19 318.20
318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30
319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11
319.12 319.13 319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21
319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29
320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23 320.24 320.25 320.26 320.27 320.28
320.29 320.30 320.31 321.1 321.2 321.3 321.4 321.5 321.6 321.7
321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15 321.16 321.17 321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28
321.29 321.30 321.31 321.32 321.33 322.1 322.2 322.3 322.4
322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13
322.14 322.15 322.16 322.17 322.18 322.19
322.20 322.21 322.22 322.23
322.24 322.25 322.26 322.27 322.28 322.29 322.30 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15 323.16 323.17 323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 323.31 324.1 324.2 324.3 324.4 324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14
324.15 324.16 324.17 324.18
324.19
324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28 324.29 324.30 324.31 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8
325.9 325.10 325.11 325.12 325.13 325.14
325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22 325.23 325.24 325.25 325.26 325.27 325.28 325.29 325.30 325.31 325.32 325.33 325.34 326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11
326.12 326.13 326.14 326.15 326.16 326.17
326.18 326.19 326.20 326.21 326.22 326.23 326.24 326.25 326.26 326.27 326.28 326.29 326.30 326.31 326.32 326.33 327.1 327.2 327.3
327.4
327.5 327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27
327.28 327.29 327.30 327.31 327.32 327.33
328.1 328.2 328.3 328.4 328.5 328.6 328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20 328.21 328.22 328.23
328.24 328.25 328.26 328.27 328.28 328.29
328.30 328.31 328.32 329.1 329.2 329.3 329.4 329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18 329.19 329.20 329.21 329.22 329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 329.32 329.33 329.34 329.35 330.1 330.2 330.3 330.4 330.5 330.6 330.7 330.8 330.9 330.10 330.11 330.12 330.13
330.14 330.15 330.16 330.17 330.18 330.19
330.20 330.21 330.22 330.23 330.24 330.25
330.26 330.27 330.28 330.29 330.30 330.31
331.1 331.2 331.3 331.4 331.5 331.6 331.7 331.8 331.9 331.10 331.11 331.12 331.13 331.14 331.15 331.16 331.17 331.18 331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27 331.28 331.29 331.30 331.31 331.32 331.33 331.34 331.35 332.1 332.2 332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15
332.16 332.17 332.18 332.19 332.20 332.21
332.22 332.23 332.24 332.25 332.26 332.27 332.28 332.29 332.30 332.31 332.32 332.33 332.34 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15 333.16 333.17 333.18 333.19 333.20 333.21 333.22 333.23 333.24 333.25 333.26 333.27 333.28 333.29 333.30 333.31 333.32 333.33 334.1 334.2 334.3 334.4 334.5 334.6 334.7 334.8 334.9 334.10 334.11 334.12 334.13 334.14
334.15 334.16 334.17 334.18 334.19 334.20
334.21 334.22 334.23 334.24 334.25 334.26 334.27 334.28 334.29 334.30 334.31 334.32 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21 335.22 335.23 335.24 335.25 335.26 335.27 335.28 335.29 335.30 335.31 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18 336.19 336.20 336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 336.29 336.30 336.31 336.32
337.1 337.2 337.3 337.4 337.5 337.6
337.7 337.8 337.9 337.10 337.11 337.12 337.13 337.14 337.15 337.16 337.17 337.18
337.19 337.20 337.21 337.22 337.23 337.24
337.25 337.26 337.27 337.28 337.29 337.30 337.31 337.32 337.33 338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9 338.10 338.11 338.12
338.13 338.14 338.15 338.16 338.17 338.18
338.19 338.20 338.21 338.22 338.23 338.24 338.25 338.26 338.27 338.28 338.29 338.30
338.31 338.32 338.33 339.1 339.2 339.3
339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14
339.15 339.16 339.17 339.18 339.19 339.20
339.21 339.22 339.23 339.24 339.25
339.26
339.27 339.28 339.29 339.30 339.31 339.32 340.1 340.2 340.3 340.4 340.5 340.6 340.7 340.8
340.9 340.10 340.11 340.12 340.13 340.14
340.15 340.16 340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 340.32 340.33 341.1 341.2 341.3 341.4 341.5 341.6
341.7 341.8 341.9 341.10 341.11 341.12
341.13 341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30
341.31 341.32
342.1 342.2 342.3 342.4
342.5
342.6 342.7 342.8 342.9 342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21
342.22 342.23 342.24 342.25 342.26 342.27
342.28 342.29 342.30 342.31
343.1 343.2
343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18 343.19 343.20 343.21 343.22 343.23
343.24 343.25 343.26 343.27 343.28 343.29
344.1 344.2 344.3 344.4 344.5 344.6 344.7
344.8 344.9
344.10 344.11 344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28 344.29 344.30 345.1 345.2 345.3 345.4 345.5 345.6 345.7
345.8 345.9
345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23
345.24 345.25
345.26 345.27 345.28 345.29 345.30 345.31 346.1 346.2 346.3 346.4 346.5 346.6 346.7 346.8 346.9 346.10 346.11 346.12 346.13 346.14 346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22
346.23 346.24
346.25 346.26 346.27 346.28 346.29 346.30 346.31 346.32 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 347.9 347.10
347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22
347.23 347.24 347.25 347.26 347.27 347.28 347.29 347.30 347.31 347.32 348.1 348.2 348.3 348.4
348.5 348.6
348.7 348.8 348.9
348.10 348.11 348.12
348.13 348.14 348.15 348.16 348.17 348.18 348.19 348.20 348.21 348.22 348.23 348.24 348.25 348.26 348.27 348.28 348.29 348.30 348.31 349.1 349.2 349.3 349.4 349.5 349.6 349.7 349.8 349.9 349.10 349.11 349.12 349.13 349.14 349.15 349.16 349.17 349.18 349.19 349.20 349.21 349.22 349.23 349.24 349.25 349.26 349.27 349.28 349.29 349.30 349.31 350.1 350.2 350.3 350.4 350.5 350.6 350.7 350.8 350.9 350.10 350.11 350.12 350.13 350.14 350.15 350.16 350.17
350.18 350.19
350.20 350.21 350.22 350.23 350.24 350.25 350.26 350.27 350.28 350.29 350.30 350.31 350.32
351.1 351.2 351.3 351.4 351.5 351.6 351.7 351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15
351.16 351.17 351.18 351.19 351.20 351.21 351.22 351.23 351.24
351.25 351.26 351.27
351.28 351.29 351.30 351.31 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10
352.11
352.12 352.13 352.14 352.15
352.16
352.17 352.18 352.19 352.20 352.21 352.22 352.23 352.24 352.25
352.26 352.27 352.28 352.29 353.1 353.2 353.3 353.4 353.5
353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14
353.15 353.16 353.17 353.18 353.19 353.20 353.21 353.22 353.23
353.24 353.25 353.26 353.27 353.28 353.29 354.1 354.2 354.3
354.4 354.5 354.6 354.7 354.8 354.9 354.10 354.11 354.12
354.13 354.14 354.15 354.16 354.17 354.18 354.19 354.20 354.21
354.22 354.23 354.24 354.25 354.26 354.27 354.28 354.29 354.30 354.31 354.32
355.1
355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10 355.11 355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22 355.23 355.24 355.25 355.26 355.27 355.28 355.29 355.30 355.31
356.1 356.2 356.3 356.4 356.5
356.6 356.7 356.8 356.9 356.10 356.11 356.12
356.13 356.14 356.15 356.16 356.17 356.18 356.19
356.20 356.21 356.22
356.23 356.24 356.25 356.26 356.27 356.28 356.29 357.1 357.2 357.3 357.4 357.5 357.6 357.7 357.8 357.9 357.10 357.11 357.12 357.13 357.14 357.15 357.16
357.17
357.18 357.19 357.20 357.21 357.22 357.23 357.24
357.25
357.26 357.27 357.28 357.29 358.1 358.2 358.3
358.4 358.5 358.6 358.7 358.8
358.9 358.10 358.11 358.12 358.13 358.14
358.15 358.16
358.17 358.18 358.19 358.20 358.21 358.22 358.23 358.24 358.25 358.26 358.27 358.28 358.29 358.30 358.31 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8 359.9 359.10 359.11 359.12 359.13 359.14 359.15 359.16 359.17 359.18
359.19 359.20 359.21 359.22 359.23 359.24 359.25 359.26 359.27 359.28 359.29 359.30 359.31 359.32 359.33 359.34 360.1 360.2 360.3 360.4 360.5 360.6 360.7 360.8 360.9 360.10 360.11 360.12 360.13 360.14 360.15 360.16 360.17 360.18 360.19 360.20 360.21 360.22 360.23 360.24 360.25 360.26 360.27 360.28 360.29 360.30 360.31 360.32 360.33 360.34 361.1 361.2 361.3 361.4 361.5 361.6 361.7 361.8 361.9 361.10 361.11 361.12 361.13 361.14 361.15 361.16 361.17 361.18 361.19 361.20 361.21 361.22 361.23 361.24 361.25 361.26 361.27 361.28 361.29 361.30 361.31 361.32 361.33 361.34 361.35 362.1 362.2 362.3 362.4 362.5 362.6 362.7 362.8
362.9 362.10 362.11 362.12 362.13 362.14 362.15 362.16 362.17 362.18 362.19 362.20 362.21 362.22 362.23 362.24 362.25 362.26 362.27 362.28 362.29 362.30 362.31 362.32 362.33 362.34 362.35 363.1 363.2 363.3 363.4 363.5 363.6 363.7 363.8 363.9 363.10 363.11 363.12 363.13 363.14 363.15 363.16 363.17 363.18 363.19 363.20 363.21 363.22 363.23 363.24 363.25 363.26 363.27 363.28 363.29 363.30 363.31 363.32 363.33 363.34 363.35 364.1 364.2 364.3 364.4 364.5 364.6 364.7 364.8 364.9 364.10 364.11 364.12 364.13 364.14 364.15 364.16 364.17 364.18 364.19 364.20 364.21 364.22 364.23 364.24 364.25 364.26 364.27 364.28 364.29 364.30 364.31 364.32 364.33 364.34 364.35 365.1 365.2 365.3 365.4 365.5 365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13 365.14 365.15 365.16 365.17 365.18 365.19 365.20 365.21 365.22 365.23 365.24 365.25 365.26 365.27 365.28 365.29 365.30 365.31 365.32 365.33 365.34 365.35 366.1 366.2 366.3 366.4 366.5 366.6 366.7 366.8 366.9 366.10 366.11 366.12 366.13 366.14 366.15 366.16 366.17 366.18 366.19
366.20 366.22 366.21 366.23 366.24 366.25 366.26 366.27 366.28 366.29 366.30 366.31 366.32 367.1 367.2 367.3 367.4 367.5 367.6 367.7 367.8 367.9 367.10 367.11 367.12 367.13 367.14 367.15 367.16 367.17 367.18 367.19 367.20 367.21 367.22 367.23 367.24 367.25 367.26 367.27 367.28 367.29 367.30 367.31 367.32 367.33 367.34 368.1 368.2 368.3 368.4 368.5 368.6 368.7 368.8 368.9 368.10 368.11 368.12 368.13 368.14 368.15 368.16 368.17 368.18 368.19 368.20 368.21 368.22 368.23 368.24 368.25 368.26 368.27 368.28 368.29 368.30 368.31 368.32 368.33 368.34 368.35 369.1 369.2 369.3 369.4 369.5 369.6 369.7 369.8 369.9 369.10 369.11 369.12 369.13 369.14 369.15 369.16 369.17 369.18 369.19 369.20 369.21 369.22 369.23 369.24 369.25 369.26 369.27 369.28 369.29 369.30 369.31 369.32 369.33 369.34 369.35 370.1 370.2 370.3 370.4 370.5 370.6 370.7 370.8 370.9 370.10 370.11 370.12 370.13 370.14 370.15 370.16 370.17 370.18 370.19 370.20 370.21 370.22 370.23 370.24 370.25 370.26 370.27 370.28 370.29 370.30 370.31 370.32 370.33
371.1 371.2
371.3 371.4 371.5 371.6 371.7 371.8 371.9 371.10 371.11 371.12 371.13 371.14 371.15 371.16 371.17 371.18 371.19 371.20 371.21
371.22 371.23 371.24
371.25 371.26 371.27
371.28 371.29
372.1 372.2 372.3 372.4 372.5 372.6 372.7 372.8 372.9 372.10 372.11 372.12 372.13 372.14 372.15 372.16 372.17 372.18 372.19 372.20 372.21 372.22 372.23 372.24
372.25 372.26 372.27 372.28 372.29 372.30 372.31 372.32 373.1 373.2 373.3 373.4
373.5 373.6 373.7 373.8 373.9 373.10
373.11 373.12 373.13 373.14
373.15 373.16 373.17 373.18 373.19 373.20 373.21 373.22 373.23 373.24 373.25 373.26 373.27 373.28 373.29 373.30 373.31 374.1 374.2 374.3 374.4 374.5 374.6 374.7 374.8
374.9 374.10 374.11 374.12 374.13 374.14 374.15 374.16 374.17 374.18 374.19 374.20 374.21
374.22 374.23 374.24 374.25 374.26 374.27 374.28 374.29 374.30 374.31 374.32 375.1 375.2 375.3 375.4 375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13
375.14 375.15 375.16 375.17 375.18 375.19 375.20 375.21 375.22 375.23 375.24 375.25 375.26 375.27 375.28 375.29 375.30 375.31 375.32 375.33 376.1 376.2 376.3
376.4 376.5 376.6 376.7 376.8 376.9 376.10 376.11 376.12 376.13 376.14 376.15
376.16 376.17
376.18 376.19 376.20 376.21 376.22 376.23 376.24 376.25 376.26 376.27 376.28
377.1 377.2 377.3 377.4 377.5 377.6 377.7 377.8
377.9 377.10 377.11 377.12 377.13 377.14 377.15 377.16 377.17 377.18
377.19 377.20 377.21 377.22 377.23 377.24 377.25 377.26 377.27 377.28 377.29 377.30 377.31 377.32 377.33 378.1 378.2 378.3 378.4 378.5 378.6 378.7 378.8 378.9 378.10 378.11 378.12 378.13 378.14 378.15 378.16 378.17 378.18
378.19 378.20 378.21 378.22 378.23 378.24 378.25 378.26 378.27 378.28 378.29 378.30 378.31 378.32 378.33 378.34 378.35 379.1 379.2 379.3 379.4 379.5 379.6
379.7 379.8 379.9 379.10 379.11 379.12 379.13 379.14 379.15 379.16 379.17 379.18 379.19 379.20 379.21 379.22 379.23 379.24 379.25 379.26 379.27 379.28 379.29 379.30 379.31 379.32 380.1 380.2 380.3 380.4 380.5 380.6 380.7 380.8 380.9 380.10 380.11 380.12 380.13 380.14 380.15 380.16 380.17 380.18 380.19 380.20 380.21 380.22 380.23 380.24 380.25 380.26 380.27 380.28 380.29 380.30 380.31 380.32 380.33 380.34 380.35 381.1 381.2
381.3 381.4 381.5 381.6 381.7 381.8 381.9 381.10 381.11 381.12 381.13 381.14 381.15 381.16 381.17 381.18 381.19 381.20 381.21 381.22 381.23 381.24 381.25 381.26 381.27 381.28 381.29 381.30 381.31 381.32 382.1 382.2 382.3 382.4 382.5 382.6 382.7 382.8 382.9 382.10 382.11 382.12 382.13 382.14 382.15 382.16 382.17 382.18 382.19 382.20 382.21 382.22 382.23 382.24 382.25 382.26 382.27 382.28 382.29 382.30 382.31 382.32 382.33 382.34 382.35 383.1 383.2 383.3 383.4 383.5 383.6 383.7 383.8 383.9 383.10 383.11 383.12 383.13 383.14 383.15 383.16 383.17 383.18 383.19 383.20 383.21 383.22 383.23 383.24 383.25 383.26 383.27 383.28 383.29 383.30 383.31 383.32 383.33 383.34 383.35 384.1 384.2 384.3 384.4 384.5 384.6 384.7 384.8 384.9 384.10 384.11 384.12 384.13 384.14
384.15 384.16 384.17 384.18 384.19 384.20 384.21 384.22 384.23 384.24
384.25 384.26 384.27 384.28 384.29 384.30
385.1 385.2 385.3 385.4 385.5 385.6
385.7 385.8 385.9 385.10 385.11 385.12 385.13 385.14 385.15 385.16 385.17 385.18 385.19 385.20 385.21 385.22 385.23 385.24 385.25 385.26 385.27 385.28 385.29 385.30 385.31 385.32
386.1 386.2 386.3 386.4 386.5 386.6 386.7 386.8
386.9 386.10 386.11 386.12 386.13 386.14 386.15 386.16 386.17 386.18 386.19 386.20 386.21 386.22 386.23 386.24 386.25 386.26 386.27 386.28 386.29 386.30 386.31 387.1 387.2 387.3 387.4 387.5 387.6 387.7 387.8 387.9
387.10 387.11 387.12 387.13 387.14 387.15 387.16 387.17 387.18 387.19 387.20 387.21 387.22 387.23 387.24 387.25 387.26 387.27 387.28 387.29 387.30 387.31 387.32 387.33 388.1 388.2 388.3 388.4 388.5 388.6 388.7 388.8 388.9 388.10 388.11 388.12 388.13 388.14 388.15 388.16 388.17 388.18 388.19 388.20 388.21 388.22 388.23 388.24 388.25 388.26 388.27 388.28 388.29
389.1 389.2 389.3 389.4 389.5
389.6 389.7 389.8 389.9 389.10
389.11 389.12 389.13 389.14
389.15 389.16 389.17 389.18 389.19 389.20 389.21 389.22 389.23 389.24
389.25 389.26 389.27 389.28 389.29 389.30 389.31 390.1 390.2 390.3 390.4 390.5 390.6 390.7 390.8 390.9 390.10 390.11 390.12 390.13 390.14
390.15 390.16 390.17 390.18 390.19 390.20 390.21 390.22 390.23 390.24 390.25 390.26 390.27
391.1 391.2 391.3 391.4 391.5 391.6 391.7 391.8 391.9
391.10 391.11 391.12 391.13 391.14 391.15 391.16 391.17 391.18
391.19 391.20 391.21 391.22 391.23 391.24 391.25 391.26 391.27 391.28 391.29 391.30 391.31 392.1 392.2
392.3 392.4 392.5 392.6 392.7
392.8 392.9 392.10 392.11 392.12 392.13 392.14 392.15 392.16 392.17 392.18 392.19 392.20 392.21 392.22 392.23 392.24 392.25 392.26 392.27 392.28 392.29 392.30 392.31 393.1 393.2
393.3 393.4 393.5 393.6 393.7 393.8 393.9 393.10 393.11 393.12 393.13 393.14 393.15 393.16 393.17
393.18 393.19 393.20 393.21 393.22 393.23 393.24 393.25 393.26 393.27 393.28 393.29 393.30 393.31 393.32 393.33 394.1 394.2 394.3 394.4 394.5 394.6 394.7 394.8 394.9 394.10 394.11 394.12 394.13 394.14 394.15 394.16 394.17 394.18 394.19 394.20 394.21 394.22 394.23 394.24 394.25 394.26 394.27 394.28 394.29 394.30 394.31 394.32 394.33 394.34 395.1 395.2 395.3 395.4 395.5 395.6 395.7 395.8 395.9 395.10 395.11 395.12 395.13 395.14 395.15 395.16 395.17 395.18 395.19 395.20 395.21 395.22 395.23 395.24 395.25 395.26 395.27 395.28 395.29 395.30 395.31 395.32 395.33 396.1 396.2 396.3 396.4 396.5 396.6 396.7 396.8 396.9 396.10 396.11 396.12 396.13 396.14 396.15 396.16 396.17 396.18 396.19 396.20 396.21 396.22 396.23 396.24 396.25 396.26 396.27 396.28 396.29 396.30 396.31 396.32 396.33 397.1 397.2 397.3 397.4 397.5 397.6 397.7 397.8 397.9 397.10 397.11 397.12 397.13 397.14 397.15 397.16 397.17 397.18 397.19 397.20 397.21 397.22 397.23 397.24 397.25 397.26 397.27 397.28 397.29 397.30 397.31 397.32 397.33 397.34 398.1 398.2 398.3 398.4 398.5 398.6 398.7 398.8 398.9 398.10 398.11 398.12 398.13 398.14 398.15 398.16 398.17 398.18 398.19 398.20 398.21 398.22 398.23 398.24 398.25 398.26 398.27 398.28 398.29 398.30 398.31 398.32 398.33 398.34 399.1 399.2 399.3 399.4 399.5 399.6 399.7 399.8 399.9 399.10 399.11 399.12 399.13 399.14 399.15 399.16 399.17 399.18 399.19 399.20 399.21 399.22 399.23 399.24 399.25 399.26 399.27 399.28 399.29 399.30 399.31 399.32 399.33 399.34 400.1 400.2 400.3 400.4 400.5 400.6 400.7 400.8 400.9 400.10 400.11 400.12 400.13 400.14 400.15 400.16 400.17 400.18 400.19 400.20 400.21 400.22 400.23 400.24 400.25 400.26 400.27 400.28 400.29 400.30 400.31 400.32 400.33 400.34 400.35 401.1 401.2 401.3 401.4 401.5 401.6 401.7 401.8 401.9 401.10 401.11 401.12 401.13 401.14 401.15 401.16 401.17 401.18 401.19 401.20 401.21 401.22 401.23 401.24 401.25 401.26 401.27 401.28 401.29 401.30 401.31 401.32 401.33 401.34 402.1 402.2 402.3 402.4 402.5 402.6 402.7 402.8 402.9 402.10 402.11 402.12 402.13
402.14 402.15 402.16 402.17 402.18 402.19 402.20
402.21 402.22 402.23 402.24 402.25 402.26 402.27 402.28 402.29 402.30 403.1 403.2 403.3 403.4 403.5 403.6 403.7 403.8 403.9 403.10 403.11 403.12 403.13 403.14 403.15 403.16 403.17 403.18 403.19 403.20 403.21 403.22 403.23 403.24 403.25 403.26 403.27 403.28 403.29 403.30 403.31 403.32 403.33 403.34 404.1 404.2 404.3 404.4 404.5 404.6 404.7 404.8 404.9 404.10 404.11 404.12 404.13 404.14 404.15 404.16 404.17 404.18 404.19 404.20 404.21 404.22 404.23 404.24 404.25 404.26 404.27 404.28 404.29 404.30 404.31 404.32 404.33 404.34 404.35 405.1 405.2 405.3 405.4 405.5 405.6 405.7 405.8 405.9 405.10 405.11 405.12 405.13 405.14 405.15 405.16 405.17 405.18 405.19 405.20 405.21 405.22 405.23 405.24 405.25 405.26 405.27 405.28 405.29 405.30 406.1 406.2 406.3 406.4 406.5 406.6 406.7 406.8 406.9 406.10 406.11 406.12 406.13 406.14 406.15 406.16 406.17 406.18 406.19 406.20 406.21 406.22 406.23 406.24 406.25 406.26 406.27 406.28 406.29 406.30 406.31 406.32 406.33 406.34 407.1 407.2 407.3 407.4 407.5 407.6 407.7 407.8 407.9 407.10 407.11 407.12 407.13 407.14 407.15 407.16 407.17 407.18 407.19 407.20 407.21 407.22 407.23 407.24 407.25 407.26 407.27 407.28 407.29 407.30 407.31 407.32 407.33 407.34 408.1 408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 408.10 408.11 408.12 408.13 408.14 408.15 408.16 408.17 408.18 408.19 408.20 408.21 408.22 408.23 408.24 408.25 408.26 408.27 408.28 408.29 408.30 408.31 408.32 408.33 408.34 408.35 409.1 409.2 409.3 409.4 409.5 409.6 409.7 409.8 409.9 409.10 409.11 409.12 409.13 409.14 409.15 409.16 409.17 409.18 409.19 409.20 409.21 409.22 409.23 409.24 409.25 409.26 409.27 409.28 409.29 409.30 409.31 409.32 409.33 410.1 410.2 410.3 410.4 410.5 410.6 410.7 410.8 410.9 410.10 410.11 410.12 410.13 410.14 410.15 410.16 410.17
410.18 410.19
410.20 410.21 410.22 410.23 410.24 410.25 410.26 410.27 410.28 410.29 410.30 411.1 411.2 411.3 411.4 411.5 411.6 411.7 411.8 411.9 411.10 411.11 411.12 411.13 411.14 411.15 411.16 411.17 411.18 411.19 411.20 411.21 411.22 411.23 411.24 411.25 411.26 411.27 411.28 411.29 411.30 411.31 411.32 411.33 411.34 412.1 412.2 412.3 412.4 412.5 412.6 412.7 412.8 412.9 412.10 412.11 412.12 412.13 412.14 412.15 412.16 412.17 412.18 412.19 412.20 412.21 412.22 412.23 412.24 412.25 412.26 412.27 412.28 412.29 412.30 412.31
412.32 412.33 413.1 413.2 413.3 413.4 413.5
413.6 413.7 413.8 413.9 413.10 413.11 413.12 413.13 413.14 413.15
413.16 413.17 413.18 413.19 413.20
413.21 413.22 413.23 413.24 413.25 413.26 413.27 413.28 413.29 413.30 413.31
414.1 414.2 414.3 414.4 414.5 414.6 414.7 414.8 414.9 414.10 414.11 414.12 414.13 414.14 414.15 414.16 414.17 414.18 414.19 414.20 414.21 414.22 414.23 414.24 414.25 414.26 414.27 414.28 414.29 414.30 415.1 415.2 415.3 415.4 415.5 415.6 415.7 415.8 415.9 415.10 415.11 415.12 415.13 415.14 415.15 415.16 415.17 415.18 415.19 415.20 415.21 415.22 415.23 415.24 415.25 415.26 415.27 415.28 415.29 415.30
415.31 415.32 415.33 415.34 416.1 416.2 416.3 416.4 416.5 416.6 416.7 416.8 416.9 416.10 416.11 416.12 416.13 416.14 416.15 416.16 416.17 416.18 416.19 416.20 416.21 416.22 416.23 416.24 416.25 416.26 416.27 416.28 416.29 416.30 416.31 416.32 416.33 416.34 416.35 417.1 417.2 417.3 417.4 417.5 417.6 417.7 417.8 417.9 417.10 417.11 417.12 417.13 417.14 417.15 417.16 417.17
417.18
417.19 417.20 417.21 417.22 417.23 417.24 417.25 417.26 417.27 417.28 417.29 417.30 417.31 417.32
418.1 418.2 418.3 418.4 418.5 418.6
418.7 418.8
418.9 418.10
418.11 418.12
418.13 418.14 418.15 418.16 418.17 418.18 418.19 418.20 418.21
418.22 418.23 418.24 418.25 418.26 418.27 418.28 418.29 418.30 418.31
419.1 419.2 419.3 419.4 419.5 419.6 419.7 419.8 419.9 419.10 419.11 419.12 419.13 419.14 419.15 419.16 419.17 419.18 419.19 419.20 419.21 419.22 419.23 419.24 419.25
419.26 419.27 419.28 419.29 419.30 419.31
419.32 420.1 420.2 420.3
420.4 420.5 420.6 420.7
420.8 420.9 420.10 420.11 420.12 420.13 420.14
420.15 420.16
420.17 420.18 420.19 420.20 420.21 420.22 420.23 420.24 420.25 420.26 420.27 420.28 420.29 420.30 420.31 421.1 421.2 421.3
421.4 421.5 421.6 421.7 421.8 421.9 421.10 421.11 421.12 421.13 421.14 421.15 421.16 421.17 421.18 421.19 421.20 421.21 421.22 421.23 421.24 421.25 421.26 421.27 421.28 421.29 421.30 421.31 421.32 422.1 422.2
422.3 422.4 422.5 422.6 422.7 422.8 422.9 422.10 422.11 422.12 422.13 422.14 422.15 422.16 422.17 422.18 422.19 422.20 422.21 422.22 422.23 422.24 422.25 422.26 422.27 422.28 422.29 422.30 423.1 423.2 423.3 423.4 423.5 423.6 423.7 423.8 423.9 423.10 423.11 423.12 423.13 423.14 423.15 423.16 423.17 423.18 423.19 423.20 423.21 423.22 423.23 423.24 423.25 423.26 423.27 423.28 423.29 423.30 423.31 424.1 424.2 424.3 424.4 424.5 424.6 424.7
424.8 424.9 424.10 424.11 424.12 424.13 424.14 424.15 424.16 424.17 424.18 424.19 424.20 424.21 424.22 424.23 424.24 424.25 424.26 424.27 424.28 424.29 424.30 424.31 424.32 424.33 424.34 425.1 425.2 425.3 425.4 425.5 425.6 425.7 425.8 425.9
425.10 425.11
425.12 425.13 425.14 425.15 425.16 425.17 425.18 425.19 425.20 425.21 425.22 425.23 425.24 425.25 425.26 425.27 425.28 425.29 425.30 425.31 425.32 425.33 426.1 426.2 426.3 426.4 426.5 426.6 426.7 426.8 426.9 426.10
426.11 426.12 426.13 426.14 426.15 426.16 426.17 426.18 426.19 426.20 426.21 426.22 426.23 426.24 426.25 426.26 426.27 426.28 426.29 426.30 426.31 426.32 427.1 427.2 427.3 427.4
427.5 427.6 427.7 427.8 427.9 427.10 427.11 427.12 427.13 427.14 427.15 427.16 427.17 427.18 427.19 427.20 427.21 427.22 427.23 427.24 427.25 427.26 427.27 427.28 427.29 427.30 427.31
428.1 428.2 428.3 428.4 428.5 428.6 428.7 428.8 428.9 428.10 428.11 428.12 428.13
428.14 428.15 428.16 428.17 428.18 428.19 428.20 428.21 428.22 428.23 428.24 428.25 428.26 428.27 428.28 428.29 428.30 429.1 429.2 429.3 429.4 429.5 429.6
429.7 429.8 429.9 429.10 429.11 429.12 429.13 429.14 429.15
429.16 429.17 429.18 429.19 429.20 429.21 429.22 429.23
429.24
429.25 429.26 429.27 429.28 429.29 429.30 429.31 429.32 430.1 430.2 430.3 430.4 430.5 430.6 430.7 430.8 430.9 430.10 430.11 430.12 430.13 430.14 430.15 430.16 430.17 430.18 430.19 430.20 430.21 430.22 430.23
430.24 430.25 430.26 430.27 430.28 430.29
430.30 430.31 430.32 431.1 431.2 431.3 431.4
431.5 431.6 431.7 431.8
431.9 431.10 431.11 431.12 431.13 431.14 431.15 431.16 431.17 431.18 431.19 431.20
431.21 431.22 431.23 431.24 431.25 431.26 431.27 431.28 431.29 431.30 432.1 432.2 432.3 432.4 432.5
432.6 432.7
432.8 432.9 432.10 432.11 432.12 432.13 432.14 432.15 432.16 432.17 432.18 432.19 432.20 432.21 432.22 432.23 432.24 432.25 432.26 432.27 432.28 432.29 432.30 433.1 433.2 433.3 433.4 433.5 433.6 433.7 433.8 433.9 433.10 433.11 433.12 433.13 433.14 433.15 433.16 433.17 433.18 433.19 433.20 433.21 433.22 433.23 433.24 433.25 433.26 433.27 433.28 433.29 433.30 433.31 434.1 434.2 434.3 434.4 434.5 434.6 434.7 434.8 434.9 434.10 434.11 434.12 434.13 434.14 434.15 434.16 434.17 434.18
434.19 434.20
434.21 434.22 434.23 434.24 434.25 434.26 434.27 434.28 434.29 434.30 434.31 434.32 434.33 435.1 435.2 435.3 435.4 435.5 435.6 435.7 435.8 435.9 435.10 435.11 435.12 435.13 435.14 435.15 435.16 435.17 435.18 435.19
435.20 435.21 435.22 435.23 435.24 435.25 435.26 435.27 435.28 435.29 435.30 435.31 435.32 435.33 435.34 435.35 436.1 436.2 436.3 436.4 436.5 436.6 436.7 436.8 436.9 436.10 436.11
436.12 436.13 436.14 436.15 436.16 436.17 436.18 436.19 436.20 436.21 436.22 436.23 436.24
436.25 436.26 436.27 436.28 436.29
437.1 437.2 437.3 437.4 437.5 437.6
437.7 437.8 437.9 437.10 437.11 437.12 437.13 437.14 437.15 437.16 437.17 437.18 437.19
437.20 437.21 437.22 437.23 437.24 437.25 437.26 437.27 437.28 437.29 437.30 437.31 437.32 438.1 438.2 438.3 438.4 438.5 438.6 438.7 438.8 438.9 438.10 438.11 438.12 438.13 438.14 438.15 438.16 438.17 438.18 438.19 438.20 438.21 438.22 438.23 438.24 438.25 438.26 438.27 438.28 438.29 438.30 438.31 439.1 439.2 439.3 439.4 439.5 439.6 439.7 439.8 439.9 439.10 439.11 439.12 439.13 439.14 439.15 439.16 439.17 439.18 439.19 439.20 439.21 439.22 439.23 439.24 439.25 439.26 439.27 439.28 439.29 439.30 439.31 439.32 440.1 440.2 440.3 440.4 440.5 440.6 440.7 440.8 440.9 440.10 440.11 440.12 440.13 440.14
440.15 440.16 440.17 440.18
440.19 440.20 440.21 440.22
440.23 440.24
440.25 440.26
440.27 440.28 440.29 441.1 441.2 441.3 441.4 441.5 441.6 441.7 441.8 441.9 441.10 441.11 441.12 441.13 441.14 441.15 441.16 441.17 441.18 441.19 441.20 441.21 441.22 441.23 441.24 441.25 441.26 441.27 441.28 441.29 441.30 441.31 441.32 441.33 442.1 442.2 442.3 442.4 442.5 442.6 442.7 442.8 442.9 442.10 442.11 442.12 442.13 442.14 442.15 442.16 442.17 442.18 442.19 442.20 442.21 442.22 442.23 442.24 442.25 442.26 442.27 442.28 442.29 442.30 442.31 442.32 443.1 443.2 443.3 443.4 443.5 443.6 443.7 443.8 443.9 443.10 443.11 443.12 443.13 443.14 443.15 443.16 443.17 443.18 443.19 443.20 443.21 443.22 443.23 443.24 443.25 443.26 443.27 443.28 443.29 443.30 443.31 443.32 444.1 444.2 444.3 444.4 444.5 444.6 444.7 444.8 444.9 444.10 444.11 444.12 444.13 444.14 444.15 444.16 444.17 444.18 444.19 444.20 444.21 444.22 444.23 444.24 444.25 444.26 444.27 444.28 444.29 444.30 444.31 444.32 444.33 445.1 445.2 445.3
445.4 445.5 445.6 445.7 445.8 445.9 445.10 445.11 445.12 445.13 445.14 445.15 445.16 445.17
445.18 445.19
445.20 445.21 445.22 445.23 445.24 445.25 445.26 445.27
445.28 445.29
446.1 446.2 446.3 446.4 446.5 446.6 446.7 446.8 446.9 446.10 446.11 446.12 446.13 446.14 446.15 446.16 446.17 446.18 446.19 446.20 446.21 446.22 446.23 446.24 446.25 446.26 446.27 446.28 446.29 446.30 446.31 447.1 447.2 447.3 447.4 447.5 447.6 447.7
447.8 447.9
447.10 447.11 447.12 447.13 447.14 447.15 447.16 447.17 447.18 447.19 447.20 447.21 447.22 447.23 447.24 447.25 447.26 447.27 447.28 447.29 447.30 447.31 448.1 448.2 448.3 448.4 448.5 448.6 448.7 448.8 448.9 448.10 448.11 448.12 448.13 448.14 448.15 448.16
448.17 448.18
448.19 448.20 448.21 448.22 448.23 448.24 448.25 448.26 448.27 448.28 448.29 448.30 448.31 449.1 449.2 449.3 449.4 449.5 449.6 449.7 449.8 449.9 449.10 449.11 449.12 449.13 449.14 449.15 449.16 449.17 449.18 449.19 449.20 449.21 449.22 449.23 449.24 449.25 449.26 449.27 449.28 449.29 449.30 449.31 450.1 450.2 450.3 450.4 450.5 450.6 450.7 450.8 450.9 450.10 450.11 450.12 450.13 450.14 450.15 450.16 450.17 450.18 450.19 450.20 450.21 450.22 450.23 450.24 450.25 450.26 450.27
450.28 450.29
450.30 450.31 450.32 450.33 451.1 451.2 451.3 451.4 451.5 451.6 451.7 451.8 451.9 451.10 451.11 451.12 451.13 451.14 451.15 451.16 451.17 451.18 451.19 451.20 451.21 451.22 451.23 451.24 451.25 451.26 451.27 451.28 451.29 451.30 451.31 452.1 452.2 452.3 452.4 452.5 452.6 452.7 452.8 452.9 452.10 452.11 452.12 452.13 452.14 452.15 452.16 452.17 452.18 452.19 452.20 452.21 452.22 452.23 452.24 452.25 452.26 452.27 452.28 452.29 452.30 452.31 452.32 453.1 453.2 453.3
453.4 453.5
453.6 453.7 453.8 453.9 453.10 453.11 453.12 453.13 453.14 453.15 453.16 453.17 453.18
453.19 453.20
453.21 453.22 453.23 453.24 453.25 453.26 453.27 453.28 453.29 453.30 454.1 454.2 454.3 454.4 454.5 454.6 454.7 454.8 454.9 454.10 454.11 454.12 454.13 454.14 454.15 454.16 454.17 454.18 454.19 454.20 454.21 454.22 454.23 454.24 454.25 454.26 454.27 454.28 454.29 454.30 454.31 455.1 455.2 455.3 455.4 455.5
455.6 455.7
455.8 455.9 455.10 455.11 455.12 455.13 455.14 455.15 455.16 455.17 455.18 455.19 455.20 455.21 455.22 455.23
455.24 455.25
455.26 455.27 455.28 455.29 455.30 456.1 456.2 456.3 456.4 456.5 456.6 456.7 456.8 456.9 456.10
456.11 456.12
456.13 456.14 456.15 456.16 456.17 456.18 456.19 456.20 456.21 456.22 456.23 456.24 456.25 456.26
456.27 456.28
457.1 457.2 457.3 457.4 457.5 457.6 457.7 457.8 457.9 457.10 457.11
457.12 457.13
457.14 457.15 457.16 457.17 457.18 457.19 457.20 457.21 457.22 457.23 457.24 457.25 457.26 457.27
457.28 457.29
458.1 458.2 458.3 458.4 458.5 458.6 458.7 458.8 458.9 458.10 458.11 458.12 458.13 458.14 458.15 458.16
458.17 458.18
458.19 458.20 458.21 458.22 458.23 458.24 458.25 458.26 458.27 458.28 458.29
458.30 458.31
459.1 459.2 459.3 459.4 459.5
459.6 459.7
459.8 459.9
459.10 459.11
459.12 459.13 459.14 459.15 459.16 459.17 459.18 459.19 459.20 459.21 459.22 459.23 459.24 459.25 459.26 459.27 459.28 459.29 459.30
460.1 460.2 460.3 460.4 460.5 460.6 460.7 460.8 460.9 460.10 460.11 460.12 460.13 460.14 460.15 460.16 460.17 460.18 460.19 460.20 460.21 460.22 460.23 460.24 460.25 460.26 460.27 460.28 460.29 460.30 460.31 460.32 461.1 461.2 461.3 461.4 461.5 461.6 461.7 461.8 461.9 461.10 461.11 461.12 461.13 461.14 461.15 461.16 461.17 461.18 461.19 461.20 461.21 461.22 461.23 461.24 461.25 461.26 461.27 461.28
461.29 461.30
462.1 462.2 462.3 462.4 462.5 462.6 462.7 462.8 462.9 462.10 462.11 462.12 462.13 462.14 462.15 462.16 462.17 462.18 462.19
462.20 462.21 462.22 462.23 462.24 462.25 462.26 462.27 462.28 462.29 462.30 462.31 462.32 462.33 462.34 463.1 463.2 463.3 463.4 463.5 463.6 463.7 463.8 463.9 463.10 463.11 463.12 463.13 463.14 463.15 463.16 463.17 463.18 463.19 463.20 463.21 463.22 463.23 463.24 463.25 463.26 463.27 463.28 463.29 463.30 463.31 463.32 463.33 463.34 464.1 464.2 464.3 464.4 464.5 464.6 464.7 464.8 464.9 464.10 464.11 464.12 464.13 464.14 464.15 464.16 464.17 464.18 464.19 464.20 464.21 464.22 464.23 464.24 464.25 464.26 464.27 464.28 464.29 464.30 464.31 464.32 464.33 464.34 465.1 465.2 465.3 465.4 465.5 465.6 465.7 465.8 465.9 465.10 465.11 465.12 465.13 465.14 465.15 465.16 465.17 465.18 465.19
465.20 465.21 465.22 465.23 465.24 465.25 465.26
465.27 465.28 465.29 465.30 465.31 466.1 466.2 466.3 466.4 466.5 466.6 466.7 466.8 466.9 466.10 466.11 466.12 466.13 466.14 466.15 466.16 466.17 466.18 466.19 466.20 466.21
466.22 466.23
466.24 466.25 466.26 466.27 466.28 466.29 466.30 466.31 466.32 467.1 467.2 467.3 467.4 467.5 467.6 467.7 467.8 467.9 467.10 467.11 467.12 467.13 467.14 467.15 467.16 467.17 467.18 467.19 467.20 467.21 467.22 467.23 467.24 467.25 467.26 467.27 467.28 467.29 467.30 467.31 467.32 467.33 468.1 468.2 468.3 468.4
468.5 468.6 468.7 468.8 468.9 468.10 468.11 468.12 468.13 468.14 468.15 468.16 468.17 468.18
468.19 468.20 468.21 468.22 468.23 468.24 468.25 468.26 468.27 468.28 468.29 468.30 468.31 468.32 469.1 469.2 469.3 469.4 469.5 469.6 469.7 469.8
469.9 469.10 469.11 469.12 469.13 469.14 469.15 469.16 469.17 469.18 469.19 469.20 469.21 469.22 469.23 469.24 469.25
469.26 469.27
469.28 469.29 469.30 469.31 469.32 470.1 470.2 470.3 470.4 470.5 470.6 470.7 470.8 470.9 470.10 470.11 470.12 470.13
470.14 470.15
470.16 470.17 470.18 470.19 470.20 470.21 470.22 470.23 470.24 470.25 470.26 470.27 470.28 470.29 470.30 471.1 471.2 471.3 471.4 471.5 471.6 471.7 471.8 471.9 471.10 471.11 471.12 471.13 471.14 471.15 471.16 471.17 471.18 471.19 471.20 471.21 471.22 471.23 471.24 471.25 471.26
471.27 471.28
472.1 472.2 472.3 472.4 472.5 472.6 472.7 472.8 472.9 472.10 472.11 472.12 472.13 472.14 472.15 472.16 472.17 472.18 472.19 472.20 472.21 472.22 472.23 472.24 472.25 472.26 472.27 472.28 472.29 472.30 473.1 473.2 473.3 473.4 473.5 473.6 473.7 473.8 473.9 473.10 473.11 473.12 473.13 473.14 473.15 473.16 473.17 473.18 473.19 473.20 473.21 473.22 473.23 473.24 473.25 473.26 473.27 473.28 473.29 473.30 474.1 474.2 474.3 474.4 474.5 474.6 474.7 474.8 474.9 474.10 474.11 474.12 474.13 474.14 474.15 474.16 474.17 474.18 474.19 474.20 474.21 474.22 474.23 474.24 474.25 474.26 474.27 474.28 474.29 474.30 474.31 474.32 474.33 475.1 475.2 475.3 475.4 475.5
475.6 475.7
475.8 475.9 475.10 475.11 475.12 475.13 475.14 475.15 475.16 475.17 475.18 475.19 475.20 475.21 475.22 475.23 475.24 475.25 475.26 475.27 475.28 475.29 475.30 475.31 475.32 476.1 476.2
476.3 476.4
476.5 476.6 476.7 476.8 476.9 476.10 476.11 476.12 476.13 476.14 476.15 476.16 476.17 476.18 476.19 476.20 476.21 476.22 476.23 476.24 476.25 476.26 476.27
476.28 476.29
477.1 477.2 477.3 477.4 477.5 477.6 477.7 477.8 477.9 477.10 477.11 477.12 477.13 477.14 477.15 477.16 477.17 477.18 477.19 477.20 477.21 477.22
477.23 477.24
477.25 477.26 477.27 477.28 477.29 477.30 477.31 478.1 478.2
478.3 478.4 478.5 478.6 478.7 478.8 478.9 478.10 478.11 478.12 478.13 478.14 478.15 478.16 478.17 478.18 478.19 478.20 478.21 478.22 478.23 478.24 478.25 478.26 478.27 478.28 478.29 478.30 478.31 479.1 479.2 479.3
479.4
479.5 479.6 479.7 479.8 479.9 479.10 479.11 479.12 479.13 479.14 479.15 479.16 479.17 479.18 479.19 479.20 479.21 479.22 479.23 479.24 479.25 479.26 479.27 479.28 480.1 480.2 480.3 480.4 480.5 480.6 480.7 480.8 480.9 480.10 480.11 480.12 480.13 480.14 480.15 480.16 480.17 480.18 480.19 480.20 480.21 480.22 480.23 480.24 480.25 480.26 480.27 480.28 480.29 480.30 481.1 481.2 481.3 481.4 481.5 481.6 481.7 481.8 481.9 481.10 481.11 481.12 481.13 481.14 481.15 481.16 481.17 481.18 481.19 481.20 481.21 481.22 481.23 481.24 481.25 481.26 481.27 481.28 481.29 481.30 481.31 481.32 481.33 482.1 482.2 482.3 482.4 482.5 482.6 482.7 482.8 482.9 482.10 482.11 482.12 482.13 482.14 482.15 482.16 482.17 482.18 482.19 482.20 482.21 482.22 482.23
482.24 482.25 482.26 482.27 482.28 482.29 482.30 482.31 482.32 483.1 483.2 483.3 483.4 483.5 483.6 483.7 483.8 483.9 483.10 483.11 483.12 483.13 483.14 483.15 483.16 483.17 483.18 483.19 483.20 483.21 483.22 483.23 483.24 483.25 483.26 483.27 483.28 483.29 483.30 483.31 483.32 484.1 484.2 484.3 484.4 484.5 484.6 484.7 484.8 484.9 484.10 484.11 484.12 484.13 484.14 484.15 484.16
484.17 484.18 484.19 484.20 484.21 484.22 484.23 484.24 484.25 484.26 484.27 484.28 484.29 484.30 484.31 484.32 484.33 484.34 485.1 485.2 485.3 485.4 485.5 485.6 485.7 485.8 485.9 485.10 485.11 485.12 485.13 485.14 485.15 485.16 485.17 485.18 485.19 485.20 485.21 485.22 485.23 485.24 485.25 485.26 485.27 485.28 485.29 485.30 485.31 485.32 485.33 486.1 486.2 486.3 486.4 486.5 486.6 486.7 486.8 486.9 486.10 486.11 486.12 486.13 486.14 486.15 486.16 486.17 486.18 486.19
486.20 486.21 486.22 486.23 486.24 486.25 486.26 486.27 486.28 486.29 486.30 486.31 486.32 487.1 487.2 487.3 487.4 487.5 487.6 487.7 487.8 487.9 487.10 487.11 487.12 487.13 487.14 487.15
487.16 487.17 487.18 487.19 487.20 487.21 487.22 487.23 487.24 487.25 487.26 487.27 487.28 487.29 487.30 488.1 488.2 488.3 488.4 488.5 488.6 488.7 488.8 488.9 488.10 488.11 488.12 488.13 488.14 488.15 488.16 488.17 488.18 488.19 488.20 488.21 488.22 488.23 488.24 488.25 488.26 488.27 488.28 488.29 488.30 488.31 488.32 488.33 489.1 489.2 489.3 489.4 489.5 489.6 489.7 489.8 489.9 489.10 489.11 489.12 489.13 489.14 489.15 489.16 489.17 489.18 489.19 489.20 489.21 489.22 489.23 489.24 489.25 489.26 489.27 489.28 489.29 489.30 489.31 489.32 489.33 489.34 490.1 490.2 490.3 490.4 490.5 490.6 490.7 490.8 490.9 490.10 490.11
490.12 490.13 490.14 490.15 490.16 490.17 490.18 490.19 490.20 490.21 490.22 490.23 490.24 490.25 490.26 490.27 490.28 490.29 490.30 490.31 490.32 491.1 491.2 491.3 491.4 491.5 491.6 491.7 491.8 491.9 491.10 491.11 491.12 491.13 491.14 491.15 491.16 491.17 491.18 491.19 491.20 491.21 491.22 491.23 491.24 491.25 491.26 491.27 491.28 491.29 491.30 491.31 491.32 491.33 492.1 492.2 492.3 492.4 492.5
492.6 492.7 492.8 492.9 492.10 492.11 492.12 492.13 492.14 492.15 492.16 492.17 492.18 492.19 492.20 492.21 492.22 492.23 492.24 492.25 492.26 492.27 492.28 492.29 492.30 492.31 492.32 492.33 493.1 493.2 493.3 493.4 493.5 493.6 493.7 493.8 493.9 493.10 493.11 493.12 493.13 493.14 493.15 493.16 493.17 493.18 493.19 493.20 493.21 493.22 493.23 493.24 493.25 493.26 493.27
493.28 493.29 493.30 493.31 493.32 493.33 493.34 494.1 494.2 494.3 494.4 494.5 494.6 494.7 494.8 494.9 494.10 494.11 494.12 494.13 494.14 494.15 494.16 494.17 494.18 494.19 494.20 494.21 494.22 494.23 494.24 494.25 494.26 494.27 494.28 494.29 494.30 494.31 494.32 494.33 494.34 494.35 494.36 495.1 495.2 495.3 495.4 495.5 495.6 495.7 495.8 495.9 495.10 495.11 495.12 495.13 495.14 495.15 495.16 495.17 495.18 495.19 495.20 495.21 495.22 495.23 495.24 495.25 495.26 495.27 495.28 495.29 495.30 495.31 495.32 495.33 495.34 495.35 496.1 496.2 496.3 496.4 496.5 496.6 496.7 496.8 496.9 496.10 496.11 496.12 496.13 496.14 496.15 496.16 496.17 496.18 496.19 496.20 496.21 496.22 496.23 496.24 496.25 496.26 496.27 496.28 496.29 496.30 496.31 496.32 496.33 496.34 496.35 497.1 497.2 497.3 497.4 497.5 497.6 497.7 497.8 497.9 497.10 497.11
497.12 497.13 497.14 497.15 497.16 497.17 497.18 497.19 497.20 497.21 497.22 497.23 497.24 497.25 497.26 497.27 497.28 497.29 497.30 497.31 497.32 498.1 498.2 498.3 498.4 498.5 498.6 498.7 498.8 498.9 498.10 498.11 498.12 498.13 498.14 498.15 498.16 498.17 498.18 498.19 498.20 498.21 498.22 498.23 498.24 498.25 498.26 498.27 498.28 498.29
498.30 498.31 498.32 498.33 499.1 499.2
499.3
499.4 499.5 499.6 499.7 499.8 499.9 499.10 499.11 499.12 499.13 499.14 499.15
499.16
499.17 499.18 499.19 499.20 499.21 499.22
499.23 499.24 499.25 499.26
499.27 499.28 499.29 499.30 500.1 500.2 500.3 500.4
500.5 500.6 500.7 500.8 500.9 500.10 500.11 500.12 500.13 500.14 500.15 500.16 500.17 500.18 500.19 500.20 500.21 500.22 500.23 500.24 500.25 500.26 500.27 500.28 500.29 500.30 500.31 500.32 500.33 500.34 501.1 501.2
501.3 501.4 501.5 501.6 501.7 501.8 501.9
501.10
501.11 501.12 501.13 501.14 501.15 501.16 501.17 501.18 501.19 501.20 501.21 501.22 501.23
501.24 501.25
501.26 501.27
501.28 501.29 502.1 502.2 502.3
502.4 502.5 502.6 502.7 502.8 502.9 502.10 502.11 502.12 502.13 502.14 502.15 502.16 502.17 502.18 502.19 502.20 502.21 502.22 502.23
502.24 502.25 502.26 502.27 502.28 502.29 502.30 503.1 503.2 503.3 503.4 503.5 503.6 503.7 503.8 503.9
503.10 503.11 503.12 503.13 503.14 503.15 503.16 503.17 503.18 503.19 503.20 503.21 503.22 503.23 503.24 503.25 503.26 503.27 503.28 503.29 503.30 503.31 503.32 504.1 504.2 504.3 504.4 504.5 504.6 504.7 504.8 504.9 504.10 504.11 504.12 504.13 504.14
504.15 504.16 504.17 504.18 504.19 504.20 504.21 504.22 504.23 504.24 504.25 504.26 504.27 504.28 504.29 505.1 505.2 505.3 505.4 505.5 505.6 505.7 505.8 505.9 505.10 505.11 505.12 505.13 505.14 505.15 505.16 505.17 505.18 505.19 505.20 505.21 505.22 505.23 505.24
505.25 505.26 505.27 505.28 505.29 505.30 505.31 505.32
506.1 506.2 506.3 506.4 506.5 506.6 506.7 506.8 506.9 506.10 506.11 506.12 506.13 506.14 506.15 506.16 506.17 506.18 506.19 506.20
506.21 506.22 506.23 506.24 506.25
506.26 506.27 506.28 506.29
507.1 507.2 507.3 507.4 507.5 507.6 507.7 507.8 507.9 507.10 507.11 507.12 507.13 507.14
507.15 507.16 507.17 507.18 507.19 507.20 507.21 507.22 507.23 507.24 507.25 507.26 507.27 507.28 507.29 507.30 507.31 507.32 507.33 508.1 508.2 508.3 508.4 508.5 508.6 508.7 508.8 508.9 508.10 508.11 508.12 508.13 508.14 508.15 508.16 508.17 508.18 508.19 508.20 508.21 508.22 508.23 508.24 508.25 508.26 508.27 508.28 508.29 508.30 508.31 509.1 509.2 509.3 509.4 509.5 509.6 509.7 509.8 509.9 509.10 509.11 509.12 509.13 509.14 509.15 509.16 509.17 509.18 509.19 509.20 509.21 509.22 509.23 509.24 509.25 509.26 509.27
509.28 509.29 509.30 509.31 509.32 510.1 510.2 510.3 510.4 510.5 510.6 510.7 510.8 510.9 510.10 510.11 510.12 510.13 510.14 510.15 510.16 510.17 510.18 510.19 510.20
510.21 510.22 510.23 510.24 510.25 510.26 510.27 510.28 510.29 510.30 510.31 510.32
510.33
511.1 511.2 511.3 511.4 511.5 511.6 511.7 511.8 511.9 511.10 511.11 511.12 511.13 511.14 511.15 511.16 511.17 511.18 511.19
511.20 511.21 511.22 511.23 511.24 511.25 511.26 511.27 511.28 511.29 511.30 512.1 512.2 512.3 512.4 512.5 512.6 512.7 512.8 512.9 512.10 512.11 512.12 512.13 512.14 512.15 512.16 512.17 512.18
512.19 512.20 512.21 512.22 512.23 512.24 512.25 512.26 512.27 512.28 512.29 512.30 512.31
513.1 513.2 513.3 513.4 513.5 513.6 513.7 513.8 513.9 513.10 513.11 513.12 513.13 513.14 513.15 513.16 513.17 513.18 513.19 513.20 513.21 513.22 513.23 513.24 513.25 513.26 513.27 513.28 513.29 513.30 514.1 514.2 514.3 514.4 514.5 514.6 514.7 514.8 514.9
514.10 514.11 514.12 514.13 514.14 514.15 514.16 514.17 514.18 514.19 514.20 514.21 514.22 514.23 514.24 514.25 514.26
514.27 514.28 514.29 514.30 515.1 515.2 515.3 515.4 515.5
515.6 515.7 515.8 515.9 515.10 515.11
515.12 515.13 515.14 515.15
515.16 515.17 515.18 515.19 515.20
515.21 515.22 515.23 515.24 515.25 515.26 515.27 515.28 515.29 515.30 516.1 516.2 516.3 516.4 516.5 516.6 516.7 516.8 516.9 516.10 516.11 516.12 516.13 516.14 516.15 516.16
516.17 516.18 516.19 516.20 516.21 516.22 516.23 516.24 516.25 516.26 516.27 516.28 516.29 516.30 516.31 516.32 517.1 517.2 517.3 517.4 517.5 517.6 517.7 517.8 517.9 517.10 517.11 517.12 517.13 517.14 517.15 517.16 517.17 517.18 517.19 517.20 517.21 517.22 517.23 517.24 517.25 517.26 517.27 517.28 517.29 517.30 517.31 517.32 517.33 517.34 517.35 517.36 517.37 517.38 518.1 518.2 518.3 518.4 518.5 518.6 518.7 518.8 518.9 518.10 518.11 518.12 518.13 518.14 518.15 518.16 518.17 518.18 518.19 518.20 518.21 518.22 518.23 518.24 518.25 518.26
518.27 518.28 518.29 518.30 518.31 518.32 519.1 519.2 519.3 519.4 519.5 519.6 519.7 519.8 519.9 519.10 519.11 519.12 519.13 519.14 519.15 519.16 519.17 519.18 519.19 519.20 519.21 519.22 519.23 519.24 519.25 519.26 519.27 519.28 519.29 519.30 519.31 519.32 520.1 520.2 520.3 520.4 520.5 520.6 520.7 520.8 520.9 520.10 520.11 520.12 520.13 520.14 520.15 520.16 520.17 520.18 520.19 520.20 520.21 520.22 520.23 520.24 520.25 520.26 520.27 520.28 520.29 520.30 520.31 520.32 520.33 521.1 521.2
521.3 521.4 521.5 521.6 521.7 521.8 521.9 521.10 521.11 521.12 521.13 521.14 521.15 521.16 521.17 521.18 521.19 521.20 521.21 521.22 521.23 521.24 521.25 521.26 521.27 521.28 521.29 521.30 522.1 522.2 522.3 522.4 522.5 522.6 522.7 522.8 522.9 522.10 522.11 522.12 522.13 522.14 522.15 522.16 522.17 522.18 522.19 522.20 522.21 522.22 522.23
522.24 522.25 522.26 522.27 522.28 522.29 522.30 522.31 522.32 523.1 523.2 523.3 523.4 523.5 523.6 523.7 523.8 523.9 523.10 523.11 523.12 523.13 523.14 523.15 523.16 523.17 523.18 523.19 523.20 523.21
523.22 523.23 523.24 523.25 523.26 523.27 523.28 523.29 523.30 523.31 524.1 524.2 524.3 524.4 524.5 524.6 524.7 524.8 524.9 524.10 524.11 524.12
524.13 524.14 524.15 524.16 524.17 524.18 524.19 524.20 524.21 524.22 524.23 524.24 524.25 524.26 524.27 524.28 524.29 524.30 524.31 525.1 525.2 525.3 525.4 525.5
525.6 525.7 525.8 525.9 525.10 525.11 525.12 525.13 525.14 525.15 525.16 525.17 525.18 525.19 525.20 525.21 525.22 525.23 525.24 525.25 525.26 525.27 525.28 525.29 525.30 525.31 525.32 525.33 525.34 526.1 526.2 526.3 526.4
526.5 526.6 526.7 526.8 526.9 526.10 526.11 526.12 526.13 526.14 526.15 526.16 526.17 526.18 526.19 526.20 526.21 526.22 526.23 526.24 526.25
526.26 526.27 526.28 526.29 526.30 527.1 527.2 527.3 527.4 527.5 527.6 527.7 527.8 527.9 527.10 527.11 527.12 527.13 527.14 527.15 527.16 527.17 527.18 527.19 527.20 527.21
527.22 527.23 527.24 527.25 527.26 527.27 527.28 527.29 527.30
528.1 528.2 528.3 528.4 528.5 528.6 528.7
528.8 528.9 528.10 528.11 528.12 528.13 528.14 528.15 528.16 528.17 528.18
528.19 528.20 528.21 528.22 528.23 528.24 528.25 528.26 528.27 528.28 528.29 528.30 528.31 528.32
529.1 529.2 529.3 529.4 529.5 529.6 529.7 529.8 529.9 529.10 529.11 529.12 529.13 529.14 529.15 529.16 529.17 529.18 529.19 529.20 529.21 529.22 529.23 529.24 529.25 529.26 529.27 529.28 529.29 529.30 530.1 530.2 530.3 530.4 530.5 530.6 530.7
530.8 530.9 530.10 530.11 530.12 530.13 530.14 530.15 530.16 530.17 530.18 530.19 530.20 530.21 530.22 530.23 530.24 530.25 530.26 530.27 530.28
530.29 530.30 530.31 530.32 530.33 531.1 531.2 531.3 531.4 531.5 531.6 531.7 531.8 531.9 531.10 531.11 531.12
531.13 531.14 531.15 531.16 531.17 531.18 531.19 531.20 531.21 531.22 531.23 531.24 531.25 531.26 531.27 531.28 531.29 531.30 532.1 532.2 532.3 532.4 532.5 532.6 532.7
532.8 532.9 532.10 532.11 532.12 532.13 532.14 532.15 532.16 532.17 532.18 532.19 532.20 532.21 532.22 532.23 532.24 532.25 532.26 532.27 532.28 532.29 532.30 532.31 533.1 533.2 533.3 533.4 533.5 533.6 533.7 533.8 533.9 533.10 533.11 533.12 533.13 533.14 533.15 533.16 533.17 533.18 533.19 533.20 533.21 533.22 533.23
533.24 533.25 533.26 533.27 533.28 533.29 533.30
534.1 534.2 534.3 534.4 534.5 534.6 534.7 534.8 534.9 534.10 534.11 534.12 534.13 534.14 534.15 534.16 534.17 534.18 534.19 534.20 534.21 534.22 534.23 534.24 534.25 534.26 534.27 534.28 534.29 534.30
535.1 535.2 535.3 535.4 535.5 535.6 535.7 535.8 535.9 535.10 535.11 535.12 535.13 535.14
535.15 535.16 535.17 535.18 535.19 535.20 535.21 535.22 535.23 535.24 535.25 535.26 535.27 535.28 535.29 535.30 535.31 535.32 536.1 536.2 536.3 536.4 536.5 536.6 536.7 536.8
536.9 536.10 536.11 536.12 536.13 536.14 536.15 536.16 536.17 536.18 536.19 536.20 536.21
536.22 536.23 536.24 536.25 536.26 536.27 536.28 536.29 536.30 536.31 537.1 537.2 537.3 537.4 537.5 537.6 537.7 537.8 537.9 537.10 537.11 537.12 537.13 537.14 537.15 537.16 537.17 537.18
537.19 537.20 537.21 537.22 537.23 537.24 537.25 537.26 537.27 537.28 537.29 537.30 537.31 537.32 537.33 538.1 538.2 538.3 538.4
538.5 538.6 538.7 538.8 538.9 538.10 538.11 538.12 538.13 538.14 538.15 538.16 538.17 538.18 538.19 538.20 538.21 538.22 538.23 538.24 538.25 538.26 538.27 538.28 538.29
539.1 539.2 539.3 539.4 539.5 539.6 539.7 539.8 539.9 539.10 539.11 539.12 539.13 539.14 539.15 539.16
539.17 539.18 539.19 539.20 539.21 539.22 539.23 539.24 539.25
539.26 539.27
539.28 539.29 539.30 539.31 539.32 540.1 540.2 540.3 540.4 540.5 540.6 540.7 540.8 540.9 540.10 540.11 540.12 540.13 540.14 540.15 540.16 540.17 540.18 540.19 540.20 540.21 540.22 540.23 540.24 540.25
540.26 540.27
540.28 540.29 540.30 541.1 541.2 541.3 541.4 541.5
541.6 541.7 541.8 541.9 541.10 541.11 541.12 541.13
541.14 541.15 541.16 541.17 541.18 541.19 541.20 541.21 541.22 541.23
541.24 541.25 541.26 541.27 541.28 541.29 541.30 542.1 542.2 542.3 542.4 542.5 542.6 542.7 542.8 542.9 542.10 542.11 542.12
542.13 542.14 542.15 542.16 542.17 542.18 542.19 542.20 542.21
542.22 542.23 542.24
542.25 542.26
542.27 542.28 542.29 542.30 543.1 543.2 543.3 543.4 543.5 543.6 543.7 543.8 543.9 543.10 543.11 543.12 543.13 543.14 543.15 543.16 543.17 543.18 543.19 543.20
543.21 543.22
543.23 543.24 543.25 543.26 543.27 543.28 543.29 543.30 543.31 544.1 544.2 544.3 544.4 544.5 544.6 544.7 544.8 544.9 544.10 544.11 544.12 544.13 544.14 544.15 544.16 544.17
544.18 544.19 544.20 544.21 544.22 544.23 544.24 544.25 544.26 544.27 544.28 544.29
545.1 545.2 545.3 545.4 545.5 545.6 545.7 545.8 545.9 545.10 545.11
545.12 545.13 545.14 545.15 545.16 545.17 545.18 545.19 545.20 545.21 545.22 545.23 545.24 545.25 545.26 545.27 545.28 545.29 545.30 545.31 546.1 546.2 546.3 546.4 546.5 546.6 546.7 546.8 546.9 546.10 546.11 546.12 546.13 546.14 546.15 546.16 546.17 546.18 546.19 546.20 546.21 546.22 546.23 546.24 546.25 546.26 546.27 546.28 546.29 546.30 546.31 547.1 547.2 547.3 547.4 547.5 547.6 547.7 547.8 547.9 547.10 547.11 547.12 547.13 547.14 547.15 547.16 547.17 547.18 547.19 547.20 547.21 547.22 547.23 547.24 547.25 547.26 547.27 547.28 547.29 547.30 547.31 548.1 548.2 548.3 548.4 548.5 548.6 548.7 548.8 548.9 548.10 548.11 548.12 548.13 548.14 548.15 548.16 548.17 548.18 548.19 548.20 548.21 548.22 548.23 548.24 548.25 548.26 548.27 548.28 548.29 548.30 548.31 548.32 549.1 549.2 549.3 549.4 549.5 549.6 549.7 549.8 549.9 549.10 549.11 549.12 549.13 549.14 549.15 549.16 549.17 549.18 549.19 549.20 549.21 549.22 549.23 549.24 549.25 549.26 549.27 549.28 549.29 549.30 549.31 549.32 550.1 550.2 550.3 550.4 550.5 550.6 550.7 550.8 550.9 550.10 550.11 550.12 550.13 550.14 550.15 550.16 550.17 550.18 550.19 550.20 550.21 550.22 550.23 550.24 550.25 550.26 550.27 550.28 550.29 550.30 550.31 550.32 550.33 550.34 551.1 551.2 551.3 551.4 551.5 551.6 551.7 551.8 551.9 551.10 551.11 551.12 551.13 551.14 551.15 551.16 551.17 551.18 551.19 551.20 551.21 551.22 551.23 551.24 551.25 551.26 551.27 551.28 551.29 551.30 551.31 551.32 552.1 552.2 552.3 552.4 552.5 552.6 552.7 552.8 552.9 552.10 552.11 552.12 552.13 552.14 552.15 552.16 552.17 552.18 552.19 552.20 552.21 552.22 552.23 552.24 552.25 552.26 552.27 552.28 552.29 552.30 552.31 552.32 553.1 553.2 553.3 553.4 553.5 553.6 553.7 553.8 553.9 553.10 553.11 553.12 553.13 553.14 553.15 553.16 553.17 553.18 553.19 553.20
553.21 553.22 553.23 553.24 553.25 553.26 553.27 553.28 553.29 553.30 553.31 554.1 554.2 554.3 554.4 554.5 554.6 554.7 554.8 554.9 554.10 554.11 554.12 554.13
554.14 554.15 554.16 554.17 554.18 554.19 554.20 554.21 554.22 554.23 554.24
554.25 554.26 554.27 554.28 554.29 554.30 554.31 555.1 555.2 555.3 555.4 555.5 555.6 555.7 555.8 555.9 555.10 555.11 555.12 555.13 555.14 555.15 555.16 555.17 555.18 555.19 555.20 555.21 555.22 555.23 555.24 555.25 555.26 555.27 555.28 555.29 555.30 555.31 555.32 556.1 556.2 556.3 556.4 556.5 556.6 556.7 556.8 556.9 556.10 556.11 556.12 556.13 556.14
556.15 556.16 556.17 556.18 556.19 556.20 556.21 556.22 556.23 556.24 556.25 556.26 556.27 556.28 556.29 556.30 557.1 557.2 557.3 557.4 557.5 557.6 557.7 557.8 557.9 557.10 557.11 557.12 557.13 557.14 557.15 557.16 557.17 557.18 557.19 557.20 557.21 557.22 557.23 557.24 557.25 557.26 557.27 557.28 557.29 557.30 557.31 558.1 558.2 558.3 558.4 558.5 558.6 558.7 558.8 558.9 558.10 558.11 558.12 558.13 558.14 558.15 558.16 558.17 558.18
558.19 558.20 558.21 558.22 558.23 558.24 558.25 558.26 558.27 558.28 558.29 558.30 558.31 558.32 558.33 559.1 559.2 559.3 559.4
559.5 559.6
559.7 559.8
559.9 559.10 559.11 559.12 559.13 559.14 559.15 559.16 559.17 559.18 559.19 559.20 559.21 559.22
559.23 559.24 559.25 559.26 559.27 559.28 559.29 559.30 560.1 560.2 560.3 560.4 560.5 560.6 560.7 560.8 560.9 560.10 560.11 560.12 560.13 560.14 560.15 560.16 560.17
560.18 560.19 560.20 560.21 560.22 560.23 560.24
560.25 560.26 560.27 560.28 560.29 561.1 561.2 561.3 561.4 561.5 561.6 561.7 561.8
561.9 561.10 561.11 561.12 561.13 561.14 561.15 561.16 561.17 561.18 561.19 561.20 561.21
561.22 561.23 561.24 561.25 561.26 561.27 561.28 561.29 561.30 561.31 562.1 562.2 562.3 562.4 562.5 562.6 562.7
562.8 562.9 562.10 562.11 562.12 562.13 562.14 562.15 562.16 562.17 562.18 562.19 562.20 562.21 562.22 562.23 562.24 562.25 562.26
563.1 563.2 563.3 563.4 563.5 563.6 563.7 563.8 563.9 563.10 563.11 563.12 563.13 563.14 563.15 563.16 563.17 563.18 563.19 563.20 563.21 563.22 563.23 563.24 563.25 563.26 563.27 563.28 563.29 563.30 563.31 563.32 563.33 563.34 564.1 564.2 564.3 564.4 564.5 564.6 564.7 564.8 564.9 564.10 564.11 564.12 564.13 564.14 564.15
564.16 564.17 564.18 564.19 564.20 564.21 564.22 564.23 564.24 564.25 564.26 564.27 564.28 564.29 564.30 564.31 565.1 565.2 565.3 565.4 565.5
565.6 565.7 565.8 565.9 565.10 565.11 565.12 565.13
565.14 565.15 565.16 565.17 565.18 565.19 565.20 565.21 565.22 565.23 565.24 565.25 565.26 565.27 565.28 566.1 566.2 566.3
566.4 566.5 566.6 566.7 566.8 566.9 566.10 566.11 566.12 566.13 566.14 566.15 566.16 566.17 566.18 566.19 566.20 566.21 566.22 566.23 566.24 566.25 566.26 566.27 566.28 566.29 566.30 566.31 566.32 566.33 567.1 567.2 567.3 567.4 567.5 567.6 567.7 567.8 567.9 567.10 567.11 567.12 567.13 567.14 567.15 567.16 567.17 567.18 567.19
567.20 567.21 567.22 567.23 567.24 567.25 567.26 567.27 567.28 567.29 567.30 567.31 567.32 568.1 568.2 568.3 568.4 568.5 568.6 568.7 568.8 568.9 568.10
568.11 568.12 568.13 568.14 568.15 568.16 568.17 568.18
568.19 568.20 568.21 568.22 568.23 568.24 568.25 568.26 568.27 568.28 568.29 568.30 569.1 569.2 569.3 569.4 569.5 569.6 569.7
569.8 569.9 569.10 569.11 569.12 569.13 569.14 569.15 569.16 569.17 569.18 569.19 569.20 569.21 569.22 569.23 569.24 569.25 569.26 569.27 569.28 569.29 569.30 569.31 570.1 570.2 570.3 570.4 570.5 570.6 570.7 570.8 570.9 570.10 570.11 570.12 570.13 570.14 570.15 570.16 570.17 570.18 570.19 570.20 570.21 570.22 570.23 570.24 570.25
570.26 570.27 570.28 570.29 570.30 570.31 570.32 571.1 571.2 571.3 571.4 571.5 571.6 571.7 571.8 571.9 571.10 571.11 571.12 571.13 571.14
571.15 571.16 571.17 571.18 571.19 571.20 571.21 571.22
571.23 571.24 571.25 571.26 571.27 571.28 571.29 571.30 572.1
572.2 572.3 572.4 572.5 572.6 572.7 572.8 572.9 572.10 572.11 572.12 572.13 572.14 572.15 572.16 572.17 572.18 572.19 572.20 572.21 572.22 572.23 572.24 572.25 572.26 572.27 572.28 572.29 572.30 572.31 572.32 572.33 573.1 573.2 573.3 573.4 573.5 573.6 573.7 573.8 573.9 573.10 573.11 573.12 573.13 573.14 573.15 573.16 573.17
573.18 573.19 573.20 573.21 573.22 573.23 573.24 573.25 573.26 573.27 573.28 573.29 573.30 573.31 574.1 574.2 574.3 574.4 574.5 574.6 574.7
574.8 574.9 574.10 574.11 574.12 574.13 574.14 574.15
574.16 574.17 574.18 574.19 574.20 574.21 574.22 574.23 574.24 574.25 574.26 574.27 574.28
575.1 575.2 575.3 575.4 575.5 575.6 575.7 575.8 575.9 575.10 575.11 575.12 575.13 575.14 575.15 575.16 575.17 575.18 575.19 575.20 575.21 575.22 575.23 575.24 575.25 575.26 575.27 575.28 575.29 575.30 575.31 575.32 575.33 575.34 576.1 576.2 576.3 576.4 576.5 576.6 576.7 576.8 576.9 576.10 576.11 576.12 576.13 576.14 576.15 576.16
576.17 576.18 576.19 576.20 576.21 576.22 576.23 576.24 576.25 576.26 576.27 576.28 576.29 576.30 576.31 576.32 577.1 577.2
577.3 577.4 577.5 577.6 577.7 577.8 577.9 577.10 577.11 577.12
577.13 577.14 577.15 577.16 577.17 577.18 577.19 577.20
577.21 577.22 577.23 577.24 577.25 577.26 577.27 577.28 577.29 578.1 578.2
578.3 578.4 578.5 578.6 578.7 578.8 578.9 578.10 578.11 578.12 578.13 578.14 578.15 578.16 578.17 578.18 578.19 578.20 578.21 578.22 578.23 578.24 578.25 578.26 578.27 578.28 578.29 578.30 578.31 578.32 579.1 579.2 579.3 579.4 579.5 579.6 579.7 579.8 579.9 579.10 579.11 579.12 579.13 579.14 579.15 579.16 579.17 579.18 579.19
579.20 579.21 579.22 579.23 579.24 579.25 579.26 579.27 579.28 579.29 579.30 579.31 580.1 580.2 580.3 580.4 580.5 580.6
580.7 580.8 580.9 580.10 580.11 580.12 580.13 580.14 580.15 580.16 580.17 580.18
580.19 580.20 580.21 580.22 580.23 580.24 580.25 580.26 580.27 581.1 581.2 581.3 581.4 581.5 581.6 581.7 581.8 581.9 581.10 581.11 581.12 581.13 581.14 581.15 581.16 581.17 581.18 581.19 581.20 581.21 581.22 581.23 581.24 581.25 581.26 581.27 581.28 581.29 582.1 582.2 582.3 582.4 582.5 582.6 582.7 582.8 582.9 582.10 582.11 582.12 582.13 582.14 582.15 582.16 582.17 582.18 582.19 582.20 582.21
582.22 582.23 582.24 582.25 582.26 582.27 582.28 582.29 582.30 582.31 583.1 583.2 583.3 583.4 583.5 583.6 583.7 583.8 583.9 583.10 583.11 583.12 583.13 583.14 583.15 583.16 583.17 583.18 583.19 583.20 583.21 583.22 583.23
583.24 583.25 583.26 583.27 583.28 583.29 583.30 583.31 583.32 583.33 583.34 584.1 584.2 584.3 584.4 584.5
584.6 584.7 584.8 584.9 584.10 584.11 584.12 584.13 584.14 584.15 584.16 584.17 584.18 584.19 584.20 584.21 584.22 584.23 584.24 584.25 584.26 584.27 584.28 584.29 584.30 584.31
585.1 585.2 585.3 585.4
585.5 585.6 585.7 585.8 585.9 585.10 585.11 585.12 585.13
585.14 585.15 585.16 585.17 585.18 585.19 585.20 585.21 585.22 585.23 585.24 585.25 585.26 585.27 585.28 585.29 585.30 586.1 586.2 586.3
586.4 586.5 586.6 586.7 586.8 586.9 586.10 586.11 586.12 586.13 586.14 586.15 586.16 586.17 586.18 586.19 586.20
586.21 586.22 586.23 586.24 586.25 586.26 586.27 586.28 586.29 586.30 586.31 587.1 587.2 587.3 587.4 587.5 587.6 587.7 587.8 587.9 587.10 587.11 587.12 587.13 587.14 587.15 587.16 587.17 587.18 587.19 587.20 587.21 587.22 587.23 587.24 587.25 587.26 587.27 587.28 587.29 587.30 587.31 587.32 588.1 588.2 588.3 588.4 588.5 588.6 588.7 588.8 588.9 588.10 588.11 588.12 588.13 588.14 588.15 588.16 588.17 588.18 588.19 588.20 588.21 588.22 588.23 588.24 588.25 588.26 588.27 588.28 588.29
588.30 588.31 589.1 589.2 589.3 589.4 589.5 589.6 589.7
589.8 589.9 589.10 589.11 589.12 589.13 589.14 589.15 589.16 589.17 589.18 589.19 589.20 589.21 589.22 589.23 589.24 589.25 589.26 589.27 589.28
589.29 589.30 589.31 589.32 590.1 590.2 590.3 590.4 590.5
590.6 590.7 590.8 590.9 590.10 590.11 590.12 590.13
590.14 590.15 590.16 590.17 590.18
590.19 590.20 590.21 590.22 590.23 590.24 590.25 590.26 590.27 590.28 590.29 590.30 590.31 591.1 591.2 591.3 591.4 591.5 591.6 591.7 591.8 591.9 591.10 591.11 591.12 591.13 591.14 591.15 591.16 591.17 591.18 591.19 591.20 591.21 591.22 591.23 591.24 591.25 591.26 591.27 591.28 591.29 591.30 591.31 591.32 591.33
592.1 592.2 592.3 592.4 592.5 592.6 592.7 592.8 592.9 592.10 592.11 592.12 592.13 592.14 592.15 592.16 592.17 592.18 592.19 592.20 592.21 592.22 592.23 592.24 592.25 592.26 592.27 592.28 592.29 592.30 592.31 592.32 592.33 592.34 593.1 593.2 593.3 593.4 593.5 593.6 593.7 593.8
593.9 593.10 593.11 593.12 593.13 593.14 593.15 593.16 593.17 593.18 593.19 593.20
593.21
593.22 593.23 593.24 593.25 593.26 593.27 593.28 593.29 593.30 593.31 593.32 594.1 594.2 594.3 594.4 594.5 594.6 594.7 594.8 594.9 594.10 594.11 594.12 594.13 594.14 594.15 594.16 594.17 594.18 594.19 594.20 594.21 594.22 594.23 594.24 594.25 594.26 594.27 594.28 594.29 594.30 595.1 595.2 595.3
595.4 595.5 595.6 595.7 595.8 595.9 595.10 595.11 595.12 595.13 595.14 595.15 595.16 595.17 595.18 595.19 595.20 595.21 595.22 595.23
595.24 595.25 595.26
595.27 595.28
595.29 595.30 596.1 596.2 596.3 596.4 596.5 596.6 596.7 596.8 596.9 596.10 596.11 596.12 596.13 596.14 596.15 596.16
596.17 596.18 596.19 596.20 596.21 596.22 596.23 596.24 596.25 596.26 596.27 596.28 596.29
596.30 596.31 596.32 596.33 597.1 597.2 597.3 597.4 597.5 597.6 597.7 597.8 597.9
597.10 597.11 597.12 597.13 597.14 597.15 597.16 597.17 597.18 597.19 597.20 597.21 597.22 597.23 597.24
597.25 597.26 597.27 597.28 597.29 597.30 597.31 597.32 598.1 598.2 598.3 598.4 598.5 598.6 598.7 598.8 598.9 598.10 598.11 598.12 598.13 598.14 598.15 598.16 598.17 598.18 598.19 598.20 598.21 598.22 598.23 598.24 598.25 598.26 598.27 598.28 598.29 598.30 598.31 598.32 599.1 599.2 599.3 599.4 599.5 599.6 599.7 599.8 599.9 599.10 599.11 599.12 599.13 599.14 599.15 599.16 599.17 599.18 599.19 599.20 599.21 599.22 599.23 599.24 599.25 599.26 599.27 599.28 599.29 599.30 599.31 599.32 599.33 600.1 600.2 600.3 600.4 600.5 600.6 600.7 600.8 600.9 600.10 600.11 600.12 600.13 600.14 600.15 600.16 600.17 600.18 600.19 600.20 600.21 600.22 600.23 600.24 600.25 600.26 600.27 600.28 600.29 600.30 600.31 601.1 601.2 601.3 601.4 601.5 601.6 601.7 601.8 601.9 601.10 601.11 601.12 601.13 601.14 601.15 601.16 601.17 601.18 601.19 601.20 601.21 601.22 601.23 601.24 601.25 601.26 601.27 601.28 601.29 601.30 601.31
602.1 602.2 602.3 602.4 602.5 602.6 602.7 602.8 602.9 602.10 602.11 602.12 602.13 602.14 602.15 602.16 602.17 602.18 602.19 602.20 602.21 602.22 602.23 602.24 602.25 602.26 602.27 602.28 602.29 602.30 602.31 602.32 602.33 602.34 602.35
603.1 603.2 603.3 603.4 603.5 603.6 603.7 603.8 603.9 603.10 603.11 603.12 603.13 603.14 603.15 603.16 603.17 603.18 603.19 603.20 603.21 603.22 603.23 603.24 603.25 603.26 603.27 603.28 603.29 603.30 603.31 603.32 603.33 604.1 604.2 604.3 604.4 604.5 604.6 604.7 604.8 604.9 604.10 604.11 604.12 604.13 604.14 604.15 604.16 604.17 604.18 604.19 604.20 604.21 604.22 604.23 604.24 604.25 604.26 604.27 604.28 604.29 604.30 604.31 605.1 605.2 605.3 605.4 605.5 605.6 605.7 605.8 605.9 605.10 605.11 605.12 605.13 605.14 605.15
605.16 605.17 605.18 605.19 605.20 605.21 605.22 605.23 605.24 605.25 605.26 605.27 605.28 605.29 605.30 605.31 605.32 606.1 606.2 606.3 606.4 606.5 606.6 606.7 606.8 606.9 606.10 606.11 606.12 606.13
606.14 606.15 606.16 606.17 606.18 606.19
606.20 606.21 606.22 606.23 606.24 606.25 606.26 606.27 606.28 606.29 606.30 607.1 607.2 607.3 607.4 607.5 607.6 607.7 607.8 607.9 607.10 607.11 607.12 607.13 607.14 607.15 607.16 607.17 607.18
607.19 607.20 607.21 607.22 607.23 607.24 607.25 607.26 607.27 607.28 607.29 607.30 607.31 607.32 607.33 608.1 608.2 608.3 608.4 608.5 608.6 608.7 608.8 608.9 608.10 608.11 608.12 608.13 608.14 608.15 608.16 608.17 608.18 608.19 608.20 608.21 608.22 608.23 608.24 608.25 608.26 608.27 608.28
608.29 608.30 608.31 608.32 608.33 609.1 609.2 609.3 609.4 609.5 609.6 609.7 609.8 609.9 609.10 609.11 609.12 609.13 609.14 609.15 609.16 609.17 609.18 609.19 609.20 609.21 609.22 609.23 609.24 609.25 609.26 609.27 609.28 609.29
609.30 609.31 609.32 609.33 609.34 610.1 610.2 610.3 610.4 610.5 610.6 610.7 610.8 610.9 610.10 610.11 610.12 610.13 610.14 610.15 610.16 610.17 610.18 610.19 610.20 610.21 610.22 610.23 610.24 610.25 610.26 610.27 610.28 610.29 610.30 610.31 610.32
611.1 611.2
611.3 611.4 611.5
611.6 611.7 611.8 611.9 611.10 611.11 611.12 611.13 611.14 611.15 611.16 611.17 611.18 611.19 611.20 611.21 611.22 611.23 611.24 611.25 611.26 611.27 611.28
612.1 612.2 612.3 612.4 612.5 612.6 612.7 612.8
612.9 612.10 612.11 612.12 612.13 612.14 612.15 612.16 612.17 612.18 612.19 612.20 612.21 612.22 612.23 612.24 612.25 612.26 612.27 612.28 612.29 612.30 612.31 613.1 613.2 613.3 613.4 613.5 613.6 613.7 613.8 613.9 613.10 613.11 613.12 613.13 613.14 613.15 613.16 613.17 613.18 613.19 613.20 613.21 613.22 613.23 613.24 613.25 613.26 613.27 613.28 613.29 613.30 613.31 613.32 613.33 614.1 614.2 614.3 614.4 614.5 614.6 614.7 614.8 614.9 614.10 614.11 614.12 614.13 614.14 614.15 614.16 614.17 614.18 614.19 614.20 614.21 614.22 614.23 614.24 614.25 614.26 614.27 614.28 614.29 614.30 614.31 614.32 614.33 614.34 614.35 615.1 615.2 615.3 615.4 615.5 615.6 615.7 615.8 615.9 615.10 615.11 615.12 615.13 615.14 615.15 615.16 615.17 615.18 615.19 615.20 615.21 615.22 615.23 615.24 615.25 615.26 615.27 615.28 615.29 615.30 615.31 616.1 616.2 616.3 616.4 616.5 616.6 616.7 616.8 616.9 616.10 616.11 616.12 616.13 616.14 616.15 616.16 616.17 616.18 616.19 616.20 616.21 616.22 616.23 616.24 616.25 616.26 616.27 616.28 616.29 616.30 617.1 617.2 617.3 617.4 617.5 617.6 617.7 617.8 617.9 617.10 617.11 617.12 617.13 617.14 617.15 617.16 617.17 617.18 617.19 617.20 617.21 617.22 617.23 617.24 617.25 617.26 617.27 617.28 617.29 617.30 617.31 617.32 617.33 618.1 618.2 618.3 618.4 618.5 618.6 618.7 618.8 618.9 618.10 618.11 618.12
618.13
618.14 618.15 618.16 618.17 618.18 618.19 618.20 618.21 618.22 618.23 618.24 618.25 618.26 618.27 618.28 618.29 618.30 618.31 618.32 618.33
619.1 619.2 619.3 619.4 619.5 619.6 619.7 619.8 619.9 619.10 619.11 619.12 619.13 619.14 619.15 619.16 619.17 619.18 619.19 619.20 619.21 619.22 619.23 619.24 619.25 619.26 619.27 619.28 619.29 619.30 619.31 620.1 620.2 620.3 620.4 620.5 620.6 620.7 620.8 620.9 620.10 620.11
620.12 620.13 620.14 620.15 620.16 620.17 620.18 620.19 620.20 620.21 620.22 620.23 620.24 620.25 620.26 620.27 620.28 620.29 620.30 620.31
621.1 621.2 621.3 621.4 621.5 621.6 621.7
621.8 621.9 621.10 621.11 621.12 621.13 621.14 621.15 621.16 621.17 621.18 621.19 621.20 621.21
621.22 621.23 621.24 621.25 621.26 621.27 621.28 621.29 621.30 621.31 621.32 621.33
622.1 622.2 622.3 622.4 622.5 622.6 622.7 622.8 622.9 622.10 622.11 622.12 622.13 622.14 622.15
622.16 622.17 622.18 622.19 622.20 622.21 622.22 622.23 622.24 622.25 622.26 622.27 622.28 622.29 622.30 622.31 622.32 622.33 622.34 623.1 623.2 623.3 623.4 623.5 623.6 623.7 623.8 623.9 623.10 623.11 623.12 623.13
623.14 623.15 623.16 623.17 623.18 623.19 623.20 623.21 623.22 623.23 623.24 623.25 623.26 623.27 623.28 623.29 623.30 623.31 623.32 623.33 623.34
624.1 624.2 624.3 624.4 624.5 624.6 624.7 624.8 624.9 624.10 624.11 624.12 624.13 624.14 624.15 624.16 624.17 624.18 624.19 624.20 624.21 624.22 624.23 624.24 624.25 624.26 624.27 624.28 624.29
625.1 625.2 625.3 625.4
625.5 625.6 625.7 625.8 625.9 625.10 625.11 625.12 625.13 625.14 625.15 625.16 625.17 625.18 625.19 625.20 625.21 625.22 625.23 625.24 625.25 625.26 625.27 625.28 625.29 625.30 626.1 626.2 626.3
626.4 626.5 626.6 626.7 626.8
626.9 626.10 626.11 626.12 626.13 626.14 626.15 626.16 626.17 626.18 626.19 626.20 626.21 626.22 626.23 626.24 626.25 626.26
626.27 626.28 626.29 626.30 626.31 627.1 627.2 627.3 627.4 627.5 627.6 627.7 627.8 627.9 627.10 627.11 627.12 627.13 627.14 627.15 627.16 627.17 627.18 627.19 627.20 627.21 627.22 627.23 627.24 627.25 627.26 627.27 627.28 627.29 627.30 627.31 627.32 628.1 628.2 628.3 628.4 628.5 628.6 628.7 628.8 628.9 628.10 628.11 628.12 628.13 628.14 628.15 628.16 628.17 628.18 628.19 628.20 628.21 628.22 628.23 628.24 628.25 628.26 628.27 628.28 628.29 628.30 628.31 629.1 629.2 629.3 629.4
629.5 629.6 629.7 629.8 629.9 629.10 629.11 629.12 629.13 629.14 629.15 629.16 629.17 629.18 629.19 629.20 629.21 629.22 629.23 629.24 629.25
629.26 629.27 629.28 629.29 629.30 629.31 630.1 630.2 630.3 630.4 630.5 630.6 630.7 630.8 630.9 630.10 630.11 630.12 630.13 630.14 630.15 630.16 630.17 630.18 630.19 630.20 630.21 630.22 630.23 630.24 630.25 630.26 630.27 630.28 630.29 630.30 630.31 630.32 631.1 631.2 631.3 631.4 631.5 631.6 631.7 631.8 631.9 631.10 631.11 631.12 631.13 631.14 631.15 631.16 631.17 631.18 631.19 631.20 631.21 631.22 631.23 631.24 631.25 631.26 631.27 631.28 631.29 631.30 631.31 631.32 632.1 632.2 632.3 632.4 632.5 632.6 632.7 632.8 632.9 632.10 632.11 632.12 632.13 632.14 632.15 632.16 632.17 632.18 632.19 632.20 632.21 632.22 632.23
632.24 632.25
632.26 632.27 632.28 632.29 632.30 632.31 633.1 633.2 633.3 633.4 633.5 633.6 633.7 633.8 633.9 633.10 633.11 633.12 633.13 633.14 633.15 633.16
633.17 633.18 633.19 633.20 633.21 633.22 633.23 633.24 633.25 633.26 633.27 633.28 633.29 634.1 634.2
634.3 634.4 634.5 634.6 634.7 634.8 634.9 634.10 634.11 634.12 634.13 634.14 634.15 634.16 634.17 634.18 634.19 634.20 634.21
634.22 634.23 634.24 634.25 634.26 634.27 634.28 634.29 634.30 634.31
635.1 635.2 635.3 635.4 635.5 635.6 635.7 635.8 635.9 635.10 635.11 635.12 635.13 635.14 635.15 635.16 635.17 635.18 635.19 635.20 635.21 635.22 635.23 635.24 635.25 635.26 635.27 635.28 635.29 635.30 635.31 636.1 636.2 636.3 636.4 636.5 636.6 636.7 636.8 636.9 636.10 636.11 636.12 636.13 636.14 636.15 636.16 636.17 636.18 636.19 636.20 636.21 636.22 636.23 636.24 636.25 636.26 636.27 636.28 636.29 636.30 636.31 636.32 636.33 636.34
637.1 637.2 637.3 637.4 637.5 637.6
637.7 637.8 637.9 637.10 637.11 637.12 637.13 637.14 637.15 637.16 637.17 637.18 637.19 637.20 637.21 637.22 637.23 637.24 637.25 637.26 637.27
637.28 637.29 637.30 637.31 638.1 638.2 638.3 638.4 638.5 638.6 638.7 638.8 638.9 638.10 638.11 638.12 638.13 638.14 638.15 638.16 638.17 638.18 638.19 638.20 638.21 638.22 638.23 638.24 638.25 638.26 638.27 638.28 638.29 638.30 638.31 638.32 639.1 639.2 639.3 639.4
639.5 639.6 639.7 639.8 639.9 639.10 639.11 639.12 639.13 639.14 639.15 639.16 639.17 639.18 639.19
639.20 639.21 639.22 639.23 639.24 639.25 639.26 639.27 639.28 639.29 639.30 639.31 639.32 639.33
640.1 640.2 640.3 640.4 640.5 640.6 640.7 640.8 640.9 640.10 640.11 640.12 640.13 640.14 640.15 640.16 640.17 640.18 640.19 640.20 640.21 640.22 640.23 640.24 640.25 640.26 640.27 640.28 640.29 640.30 640.31 640.32 640.33 641.1 641.2 641.3 641.4 641.5
641.6 641.7 641.8 641.9 641.10 641.11 641.12 641.13 641.14 641.15 641.16 641.17 641.18 641.19 641.20 641.21 641.22
641.23 641.24 641.25
641.26 641.27 641.28 641.29 641.30
642.1 642.2 642.3 642.4 642.5 642.6 642.7 642.8 642.9 642.10 642.11 642.12 642.13 642.14 642.15 642.16 642.17 642.18 642.19 642.20 642.21 642.22 642.23 642.24 642.25 642.26 642.27 642.28 642.29 642.30 642.31 643.1 643.2 643.3 643.4 643.5 643.6 643.7 643.8 643.9 643.10 643.11 643.12 643.13
643.14 643.15 643.16 643.17 643.18 643.19 643.20
643.21 643.22 643.23
643.24 643.25 643.26 643.27 643.28 643.29 644.1 644.2 644.3 644.4 644.5
644.6 644.7 644.8 644.9 644.10 644.11 644.12 644.13 644.14 644.15 644.16 644.17 644.18 644.19 644.20 644.21 644.22 644.23 644.24 644.25 644.26 644.27 644.28 644.29 644.30 644.31 645.1 645.2 645.3 645.4 645.5 645.6 645.7 645.8 645.9
645.10 645.11 645.12
645.13 645.14 645.15 645.16
645.17 645.18 645.19
645.20 645.21 645.22
645.23 645.24 645.25 645.26 645.27 645.28 646.1 646.2 646.3 646.4 646.5 646.6 646.7 646.8 646.9 646.10 646.11 646.12 646.13 646.14 646.15 646.16 646.17 646.18 646.19 646.20 646.21 646.22 646.23 646.24 646.25 646.26 646.27 646.28 646.29 646.30 646.31 646.32 647.1 647.2 647.3 647.4 647.5 647.6 647.7 647.8 647.9 647.10 647.11 647.12
647.13 647.14 647.15 647.16 647.17 647.18 647.19 647.20 647.21
647.22 647.23
647.24 647.25 647.26 647.27 647.28 647.29 647.30 647.31 648.1 648.2 648.3 648.4 648.5 648.6 648.7 648.8 648.9 648.10 648.11 648.12 648.13 648.14 648.15 648.16 648.17 648.18 648.19 648.20 648.21
648.22 648.23 648.24 648.25 648.26 648.27 648.28 648.29 648.30 648.31 648.32 648.33 649.1 649.2 649.3 649.4 649.5 649.6 649.7 649.8 649.9 649.10 649.11 649.12 649.13 649.14
649.15 649.16 649.17 649.18 649.19 649.20 649.21 649.22 649.23 649.24 649.25 649.26 649.27 649.28 649.29 649.30 649.31 649.32 650.1 650.2 650.3 650.4 650.5 650.6 650.7 650.8 650.9 650.10
650.11 650.12 650.13 650.14 650.15 650.16 650.17 650.18 650.19 650.20 650.21 650.22 650.23 650.24 650.25 650.26 650.27 650.28 650.29 650.30 650.31 650.32 650.33
651.1 651.2 651.3 651.4 651.5 651.6 651.7 651.8 651.9 651.10 651.11 651.12 651.13 651.14 651.15 651.16 651.17 651.18 651.19 651.20 651.21 651.22 651.23 651.24 651.25 651.26 651.27 651.28 651.29 651.30 651.31 651.32 652.1 652.2 652.3 652.4 652.5 652.6 652.7 652.8 652.9 652.10 652.11 652.12 652.13 652.14 652.15 652.16 652.17 652.18 652.19 652.20 652.21 652.22 652.23 652.24 652.25 652.26 652.27 652.28 652.29 652.30 652.31 652.32 653.1 653.2 653.3 653.4 653.5 653.6 653.7 653.8 653.9 653.10 653.11 653.12 653.13 653.14 653.15 653.16 653.17 653.18 653.19 653.20 653.21 653.22 653.23 653.24 653.25 653.26 653.27 653.28 653.29 653.30 653.31 653.32 653.33 653.34 654.1 654.2 654.3 654.4 654.5 654.6 654.7 654.8 654.9 654.10 654.11 654.12 654.13 654.14 654.15 654.16 654.17 654.18 654.19 654.20 654.21 654.22 654.23 654.24 654.25 654.26 654.27
654.28 654.29 654.30 654.31 654.32 655.1 655.2 655.3 655.4 655.5 655.6 655.7 655.8 655.9 655.10 655.11 655.12 655.13 655.14 655.15 655.16 655.17 655.18 655.19 655.20 655.21 655.22 655.23 655.24 655.25 655.26 655.27 655.28 655.29 655.30 655.31 656.1 656.2 656.3 656.4 656.5 656.6 656.7 656.8 656.9 656.10 656.11 656.12 656.13 656.14 656.15 656.16 656.17 656.18 656.19 656.20 656.21 656.22 656.23 656.24 656.25 656.26 656.27 656.28 656.29 656.30 656.31 657.1 657.2 657.3 657.4 657.5 657.6 657.7 657.8 657.9 657.10 657.11 657.12 657.13 657.14 657.15 657.16 657.17 657.18 657.19 657.20 657.21 657.22 657.23 657.24 657.25 657.26 657.27 657.28 657.29 657.30 657.31 658.1 658.2 658.3 658.4 658.5 658.6 658.7 658.8 658.9 658.10 658.11 658.12
658.13 658.14 658.15 658.16 658.17 658.18 658.19 658.20 658.21 658.22 658.23 658.24 658.25 658.26 658.27 658.28 658.29 658.30 658.31 658.32 658.33 658.34 659.1 659.2 659.3 659.4 659.5
659.6 659.7 659.8 659.9 659.10 659.11 659.12 659.13 659.14 659.15 659.16 659.17 659.18 659.19 659.20 659.21 659.22 659.23
659.24 659.25 659.26 659.27 659.28 659.29 659.30 660.1 660.2 660.3 660.4 660.5 660.6 660.7 660.8 660.9 660.10 660.11 660.12 660.13 660.14 660.15 660.16 660.17 660.18 660.19 660.20 660.21 660.22 660.23 660.24 660.25 660.26 660.27 660.28 660.29 661.1 661.2 661.3 661.4 661.5 661.6 661.7 661.8 661.9 661.10 661.11 661.12 661.13 661.14 661.15 661.16 661.17 661.18 661.19 661.20 661.21 661.22 661.23 661.24 661.25 661.26 661.27 661.28 661.29 661.30 661.31 662.1 662.2 662.3 662.4 662.5 662.6 662.7 662.8
662.9 662.10 662.11 662.12 662.13 662.14 662.15 662.16 662.17 662.18 662.19 662.20 662.21 662.22 662.23 662.24 662.25 662.26 662.27 662.28 662.29 662.30 662.31 663.1 663.2 663.3 663.4 663.5 663.6 663.7 663.8 663.9 663.10 663.11 663.12 663.13 663.14 663.15 663.16 663.17 663.18 663.19 663.20 663.21 663.22 663.23 663.24 663.25 663.26 663.27 663.28 663.29 663.30 663.31 663.32
664.1 664.2 664.3 664.4 664.5 664.6 664.7 664.8 664.9 664.10 664.11 664.12 664.13 664.14 664.15 664.16 664.17 664.18 664.19 664.20 664.21 664.22 664.23 664.24 664.25 664.26 664.27 664.28 665.1 665.2 665.3 665.4 665.5 665.6 665.7 665.8 665.9 665.10 665.11 665.12 665.13
665.14 665.15 665.16 665.17 665.18 665.19 665.20 665.21 665.22 665.23
665.24 665.25 665.26 665.27 665.28 665.29 665.30 665.31 665.32 666.1 666.2 666.3 666.4 666.5 666.6 666.7 666.8 666.9 666.10 666.11 666.12 666.13
666.14 666.15 666.16 666.17 666.18 666.19 666.20 666.21 666.22 666.23 666.24 666.25
666.26 666.27
666.28 666.29
666.30 666.31 667.1 667.2 667.3
667.4
667.5 667.6 667.7 667.8 667.9 667.10 667.11 667.12 667.13 667.14 667.15 667.16 667.17 667.18 667.19 667.20
667.21
667.22 667.23 667.24 667.25 667.26 667.27 667.28 667.29 667.30 667.31 668.1 668.2
668.3
668.4 668.5 668.6 668.7 668.8
668.9 668.10 668.11 668.12 668.13 668.14 668.15 668.16 668.17 668.18 668.19 668.20 668.21 668.22 668.23 668.24 668.25 668.26 668.27 668.28 668.29 669.1 669.2 669.3 669.4 669.5 669.6 669.7 669.8 669.9 669.10 669.11 669.12 669.13 669.14 669.15
669.16
669.17 669.18 669.19 669.20 669.21 669.22 669.23 669.24 669.25 669.26 669.27 669.28 669.29 669.30 669.31 669.32 670.1 670.2 670.3 670.4 670.5 670.6 670.7
670.8
670.9 670.10 670.11 670.12 670.13 670.14 670.15 670.16 670.17
670.18 670.19 670.20 670.21 670.22 670.23 670.24 670.25 670.26 670.27 670.28 670.29 670.30 670.31 670.32 670.33 671.1 671.2
671.3 671.4 671.5 671.6 671.7 671.8 671.9 671.10 671.11 671.12 671.13 671.14 671.15 671.16 671.17 671.18 671.19 671.20 671.21 671.22 671.23 671.24 671.25 671.26 671.27 671.28
671.29
672.1 672.2 672.3 672.4 672.5 672.6 672.7 672.8 672.9 672.10 672.11 672.12 672.13 672.14 672.15 672.16 672.17 672.18 672.19 672.20 672.21 672.22 672.23 672.24 672.25
672.26
672.27 672.28 672.29 672.30 672.31 673.1 673.2 673.3 673.4 673.5
673.6
673.7 673.8 673.9 673.10 673.11 673.12 673.13 673.14 673.15 673.16 673.17 673.18 673.19 673.20 673.21 673.22 673.23 673.24 673.25 673.26 673.27 673.28 673.29 673.30 673.31 673.32 673.33 674.1 674.2 674.3 674.4 674.5 674.6 674.7 674.8 674.9 674.10 674.11
674.12 674.13
674.14 674.15 674.16 674.17 674.18 674.19 674.20 674.21 674.22 674.23 674.24 674.25 674.26 674.27 674.28 674.29 674.30 674.31
675.1 675.2 675.3 675.4 675.5 675.6 675.7 675.8 675.9 675.10 675.11 675.12 675.13 675.14 675.15 675.16
675.17 675.18 675.19 675.20 675.21 675.22 675.23 675.24 675.25 675.26 675.27 675.28 675.29 675.30 675.31 675.32 675.33 676.1 676.2 676.3 676.4 676.5 676.6 676.7 676.8 676.9 676.10 676.11 676.12 676.13 676.14 676.15 676.16
676.17
676.18 676.19 676.20 676.21 676.22 676.23 676.24 676.25 676.26 676.27 676.28 676.29 676.30 676.31
677.1 677.2 677.3 677.4 677.5 677.6 677.7 677.8 677.9 677.10 677.11 677.12 677.13 677.14 677.15 677.16 677.17 677.18 677.19 677.20 677.21 677.22 677.23 677.24 677.25 677.26 677.27 677.28 677.29 677.30 677.31 677.32 677.33 678.1 678.2 678.3 678.4 678.5 678.6 678.7 678.8 678.9 678.10 678.11 678.12 678.13 678.14 678.15 678.16 678.17 678.18 678.19 678.20 678.21 678.22 678.23 678.24 678.25 678.26 678.27 678.28 678.29 678.30 678.31 678.32 679.1 679.2 679.3 679.4 679.5 679.6 679.7 679.8 679.9 679.10 679.11 679.12 679.13 679.14 679.15 679.16 679.17 679.18 679.19 679.20 679.21
679.22 679.23 679.24 679.25 679.26 679.27 679.28 679.29 679.30 679.31 679.32 679.33
680.1 680.2 680.3 680.4 680.5 680.6 680.7 680.8 680.9 680.10 680.11 680.12 680.13 680.14 680.15 680.16 680.17 680.18 680.19 680.20 680.21 680.22 680.23 680.24 680.25 680.26 680.27 680.28 680.29 680.30 680.31 680.32 681.1 681.2 681.3 681.4 681.5 681.6 681.7 681.8 681.9 681.10 681.11 681.12 681.13 681.14 681.15 681.16 681.17 681.18 681.19 681.20 681.21 681.22 681.23 681.24 681.25 681.26 681.27 681.28 682.1 682.2 682.3 682.4 682.5 682.6 682.7 682.8 682.9 682.10 682.11 682.12 682.13 682.14 682.15
682.16 682.17 682.18
682.19 682.20 682.21 682.22 682.23 682.24 682.25 682.26 682.27 682.28 682.29 682.30 682.31 682.32 683.1 683.2 683.3 683.4 683.5 683.6 683.7 683.8 683.9 683.10 683.11 683.12 683.13 683.14 683.15 683.16 683.17 683.18 683.19 683.20 683.21 683.22 683.23 683.24 683.25 683.26 683.27 683.28 683.29 683.30 683.31 683.32 683.33 683.34
684.1 684.2 684.3
684.4 684.5 684.6 684.7 684.8 684.9 684.10 684.11 684.12 684.13 684.14 684.15 684.16 684.17 684.18 684.19 684.20 684.21
684.22 684.23 684.24 684.25 684.26 684.27 684.28 684.29 684.30 685.1 685.2 685.3 685.4 685.5 685.6 685.7 685.8 685.9 685.10 685.11 685.12 685.13 685.14 685.15 685.16 685.17
685.18 685.19 685.20 685.21 685.22 685.23 685.24 685.25 685.26 685.27 685.28 685.29 685.30 685.31 686.1 686.2 686.3 686.4 686.5 686.6 686.7 686.8 686.9 686.10 686.11 686.12 686.13 686.14 686.15 686.16 686.17 686.18 686.19 686.20 686.21 686.22 686.23
686.24 686.25 686.26 686.27 686.28 686.29 686.30 687.1 687.2
687.3 687.4 687.5 687.6 687.7 687.8 687.9
687.10
687.11 687.12 687.13 687.14 687.15 687.16 687.17 687.18 687.19 687.20 687.21 687.22 687.23 687.24 687.25 687.26 687.27 687.28 687.29 688.1 688.2 688.3 688.4 688.5 688.6 688.7 688.8 688.9 688.10 688.11 688.12 688.13 688.14 688.15 688.16 688.17
688.18
688.19 688.20 688.21 688.22 688.23 688.24 688.25
688.26 688.27
688.28 688.29 689.1 689.2 689.3
689.4 689.5 689.6 689.7 689.8 689.9 689.10 689.11 689.12 689.13 689.14 689.15 689.16 689.17 689.18 689.19 689.20 689.21 689.22 689.23 689.24 689.25 689.26 689.27 689.28 689.29 689.30 689.31 690.1 690.2 690.3 690.4 690.5 690.6 690.7 690.8 690.9 690.10 690.11 690.12 690.13 690.14 690.15 690.16 690.17 690.18 690.19 690.20 690.21 690.22 690.23 690.24 690.25 690.26 690.27 690.28 690.29 690.30 690.31 690.32 690.33 691.1 691.2 691.3 691.4 691.5 691.6 691.7 691.8 691.9 691.10 691.11 691.12 691.13
691.14 691.15 691.16 691.17 691.18 691.19 691.20 691.21 691.22 691.23 691.24 691.25 691.26 691.27 691.28 691.29
691.30
692.1 692.2 692.3 692.4 692.5 692.6 692.7 692.8 692.9 692.10 692.11 692.12 692.13 692.14 692.15 692.16 692.17 692.18 692.19 692.20 692.21 692.22 692.23 692.24 692.25 692.26 692.27 692.28 692.29 692.30 692.31 692.32 693.1 693.2 693.3 693.4 693.5 693.6 693.7 693.8 693.9 693.10 693.11 693.12 693.13 693.14 693.15 693.16 693.17 693.18 693.19 693.20 693.21 693.22 693.23 693.24 693.25 693.26 693.27 693.28 693.29 693.30 693.31 693.32 693.33 693.34 694.1 694.2 694.3 694.4 694.5 694.6 694.7 694.8 694.9 694.10 694.11 694.12 694.13 694.14 694.15 694.16 694.17 694.18
694.19
694.20 694.21 694.22 694.23 694.24 694.25 694.26 694.27 694.28 694.29 694.30 694.31 694.32 695.1 695.2 695.3 695.4 695.5 695.6 695.7 695.8 695.9 695.10 695.11 695.12 695.13 695.14 695.15 695.16 695.17 695.18 695.19 695.20 695.21 695.22 695.23 695.24 695.25
695.26 695.27 695.28 695.29 695.30 695.31 695.32 696.1 696.2 696.3 696.4 696.5 696.6 696.7 696.8 696.9 696.10 696.11 696.12 696.13 696.14 696.15 696.16 696.17 696.18 696.19 696.20 696.21 696.22 696.23 696.24 696.25 696.26 696.27 696.28
696.29 696.30 696.31 696.32 696.33 697.1 697.2 697.3 697.4
697.5
697.6 697.7 697.8 697.9 697.10 697.11 697.12 697.13 697.14 697.15 697.16 697.17 697.18 697.19 697.20 697.21 697.22 697.23 697.24 697.25 697.26 697.27 697.28 697.29 697.30 697.31 697.32 697.33 697.34 698.1 698.2 698.3 698.4 698.5 698.6 698.7 698.8 698.9 698.10 698.11 698.12 698.13 698.14 698.15 698.16 698.17 698.18
698.19 698.20 698.21 698.22 698.23 698.24 698.25 698.26 698.27 698.28 698.29 698.30
698.31
699.1 699.2 699.3 699.4 699.5 699.6 699.7 699.8 699.9 699.10 699.11 699.12 699.13 699.14 699.15 699.16 699.17 699.18 699.19 699.20 699.21 699.22 699.23 699.24 699.25 699.26 699.27 699.28 699.29 699.30 699.31 699.32 700.1 700.2 700.3 700.4 700.5 700.6 700.7 700.8 700.9 700.10 700.11 700.12 700.13 700.14 700.15 700.16 700.17 700.18 700.19 700.20 700.21 700.22 700.23 700.24 700.25 700.26 700.27 700.28 700.29 700.30 700.31 700.32 700.33 700.34 701.1 701.2 701.3 701.4 701.5 701.6 701.7 701.8 701.9 701.10 701.11 701.12 701.13 701.14 701.15 701.16 701.17 701.18 701.19 701.20 701.21 701.22 701.23 701.24 701.25 701.26 701.27 701.28 701.29 701.30 701.31 701.32 701.33 701.34 702.1 702.2 702.3
702.4 702.5 702.6 702.7 702.8 702.9 702.10 702.11 702.12 702.13 702.14 702.15 702.16 702.17 702.18 702.19 702.20 702.21 702.22 702.23 702.24 702.25 702.26 702.27 702.28 702.29 702.30 702.31 703.1 703.2 703.3 703.4 703.5 703.6 703.7 703.8 703.9 703.10 703.11 703.12 703.13 703.14 703.15 703.16 703.17 703.18 703.19
703.20 703.21 703.22 703.23 703.24 703.25 703.26 703.27 703.28 703.29 703.30 703.31 703.32 703.33 704.1 704.2 704.3 704.4 704.5 704.6 704.7 704.8 704.9 704.10 704.11 704.12 704.13 704.14 704.15 704.16 704.17 704.18 704.19 704.20 704.21 704.22 704.23 704.24 704.25 704.26 704.27 704.28 704.29 704.30
705.1 705.2 705.3 705.4 705.5 705.6 705.7 705.8 705.9 705.10 705.11 705.12 705.13 705.14 705.15 705.16 705.17 705.18 705.19
705.20 705.21
705.22 705.23
705.24 705.25
705.26 705.27
706.1 706.2 706.3 706.4 706.5 706.6 706.7 706.8 706.9 706.10 706.11 706.12 706.13 706.14 706.15 706.16 706.17 706.18 706.19 706.20 706.21 706.22 706.23 706.24 706.25 706.26 706.27 706.28 706.29 706.30 706.31
707.1 707.2 707.3 707.4 707.5 707.6 707.7 707.8 707.9 707.10 707.11 707.12 707.13 707.14 707.15 707.16 707.17 707.18 707.19 707.20 707.21 707.22 707.23 707.24 707.25 707.26 707.27 707.28 707.29 707.30 707.31 707.32 707.33 708.1 708.2 708.3 708.4 708.5 708.6 708.7 708.8
708.9 708.10
708.11 708.12
708.13 708.14 708.15 708.16 708.17 708.18 708.19 708.20 708.21 708.22 708.23 708.24 708.25 708.26 708.27 708.28 708.29 708.30 708.31 709.1 709.2 709.3 709.4 709.5 709.6 709.7 709.8 709.9 709.10 709.11 709.12 709.13 709.14 709.15 709.16 709.17 709.18 709.19 709.20 709.21 709.22 709.23 709.24 709.25 709.26 709.27 709.28 709.29 709.30 709.31 709.32 710.1 710.2 710.3 710.4 710.5 710.6 710.7 710.8 710.9 710.10 710.11 710.12 710.13 710.14 710.15 710.16 710.17 710.18 710.19 710.20 710.21 710.22 710.23 710.24 710.25 710.26 710.27 710.28 710.29 710.30 710.31 710.32 710.33 710.34 711.1 711.2 711.3 711.4 711.5 711.6 711.7 711.8 711.9 711.10 711.11 711.12 711.13 711.14 711.15 711.16 711.17 711.18 711.19 711.20 711.21 711.22 711.23 711.24 711.25 711.26 711.27 711.28 711.29 711.30 711.31 711.32 711.33 711.34 712.1 712.2 712.3 712.4 712.5 712.6 712.7 712.8 712.9 712.10 712.11
712.12
712.13 712.14 712.15 712.16 712.17 712.18 712.19 712.20 712.21 712.22 712.23 712.24 712.25 712.26 712.27 712.28 712.29 712.30 712.31 712.32 712.33 713.1 713.2 713.3 713.4 713.5 713.6 713.7 713.8 713.9 713.10 713.11 713.12 713.13 713.14 713.15 713.16 713.17 713.18 713.19 713.20 713.21 713.22 713.23 713.24 713.25 713.26 713.27 713.28 713.29 713.30 713.31 713.32 714.1 714.2 714.3 714.4 714.5 714.6 714.7 714.8 714.9 714.10
714.11 714.12 714.13 714.14 714.15 714.16 714.17 714.18 714.19 714.20 714.21 714.22 714.23 714.24 714.25 714.26 714.27 714.28 714.29 714.30 714.31 714.32 715.1 715.2 715.3 715.4 715.5 715.6 715.7 715.8 715.9 715.10 715.11 715.12 715.13 715.14 715.15 715.16 715.17 715.18 715.19 715.20 715.21 715.22 715.23 715.24 715.25 715.26 715.27 715.28 715.29 715.30 715.31 716.1 716.2 716.3 716.4 716.5 716.6 716.7 716.8 716.9 716.10 716.11 716.12 716.13 716.14 716.15 716.16 716.17 716.18 716.19 716.20 716.21 716.22 716.23 716.24 716.25 716.26 716.27 716.28 716.29 716.30
717.1 717.2 717.3 717.4 717.5 717.6 717.7 717.8 717.9 717.10 717.11 717.12 717.13 717.14 717.15 717.16 717.17 717.18 717.19 717.20 717.21 717.22 717.23 717.24 717.25 717.26 717.27 717.28 717.29 717.30 717.31 717.32 717.33 717.34 717.35 718.1 718.2 718.3 718.4 718.5 718.6 718.7 718.8 718.9 718.10 718.11
718.12 718.13 718.14 718.15 718.16 718.17 718.18 718.19 718.20 718.21 718.22 718.23 718.24 718.25 718.26 718.27 718.28 718.29 718.30 718.31 719.1 719.2 719.3 719.4 719.5 719.6 719.7 719.8 719.9 719.10 719.11 719.12 719.13 719.14 719.15 719.16 719.17 719.18 719.19 719.20 719.21 719.22 719.23 719.24
719.25 719.26 719.27 719.28 719.29 719.30 719.31 719.32 719.33 720.1 720.2 720.3 720.4 720.5 720.6 720.7 720.8 720.9 720.10 720.11 720.12 720.13 720.14 720.15 720.16 720.17 720.18 720.19 720.20 720.21 720.22 720.23 720.24 720.25 720.26 720.27 720.28 720.29 720.30 720.31 721.1 721.2
721.3 721.4 721.5 721.6 721.7 721.8 721.9 721.10 721.11 721.12 721.13 721.14 721.15 721.16 721.17 721.18 721.19 721.20 721.21 721.22 721.23 721.24 721.25 721.26 721.27
721.28 721.29 721.30 722.1 722.2 722.3 722.4 722.5 722.6 722.7 722.8 722.9 722.10 722.11 722.12 722.13 722.14 722.15 722.16 722.17 722.18 722.19 722.20 722.21 722.22 722.23 722.24 722.25 722.26 722.27 722.28 722.29
722.30 722.31 722.32 722.33 722.34 723.1 723.2 723.3 723.4 723.5 723.6 723.7 723.8 723.9 723.10 723.11 723.12 723.13 723.14 723.15 723.16 723.17 723.18 723.19 723.20 723.21 723.22 723.23 723.24 723.25 723.26 723.27 723.28 723.29 723.30 723.31 723.32 724.1 724.2 724.3 724.4 724.5 724.6 724.7 724.8 724.9 724.10 724.11 724.12 724.13 724.14 724.15 724.16 724.17 724.18
724.19
724.20 724.21 724.22 724.23 724.24 724.25 724.26 724.27 724.28 724.29 724.30
724.31
725.1 725.2 725.3 725.4 725.5 725.6 725.7 725.8 725.9 725.10 725.11 725.12 725.13 725.14 725.15 725.16 725.17 725.18 725.19 725.20 725.21 725.22 725.23 725.24 725.25 725.26 725.27 725.28 725.29 725.30 725.31 726.1 726.2 726.3 726.4 726.5 726.6 726.7 726.8 726.9 726.10 726.11 726.12 726.13 726.14 726.15 726.16 726.17 726.18 726.19 726.20 726.21 726.22 726.23 726.24 726.25 726.26 726.27 726.28 726.29 726.30 726.31 726.32 726.33 727.1 727.2 727.3 727.4 727.5 727.6 727.7 727.8 727.9 727.10 727.11 727.12 727.13 727.14 727.15 727.16 727.17 727.18 727.19
727.20
727.21 727.22 727.23 727.24 727.25 727.26 727.27 727.28 727.29 727.30 727.31 727.32 727.33 728.1 728.2 728.3 728.4 728.5 728.6 728.7 728.8 728.9 728.10 728.11 728.12 728.13 728.14 728.15 728.16 728.17 728.18 728.19 728.20
728.21
728.22 728.23 728.24 728.25 728.26 728.27 728.28 728.29 729.1 729.2 729.3 729.4 729.5 729.6 729.7 729.8 729.9 729.10 729.11 729.12 729.13 729.14 729.15 729.16 729.17 729.18 729.19 729.20 729.21 729.22 729.23 729.24 729.25 729.26 729.27 729.28
729.29
730.1 730.2 730.3 730.4 730.5 730.6 730.7 730.8 730.9 730.10 730.11 730.12 730.13 730.14 730.15 730.16 730.17 730.18 730.19 730.20 730.21 730.22 730.23 730.24 730.25 730.26 730.27 730.28 730.29 730.30 730.31 730.32 731.1 731.2 731.3 731.4 731.5 731.6 731.7 731.8 731.9 731.10 731.11 731.12 731.13 731.14 731.15 731.16 731.17 731.18 731.19 731.20 731.21 731.22 731.23 731.24 731.25 731.26 731.27 731.28 731.29 731.30 731.31 731.32 732.1 732.2 732.3 732.4 732.5
732.6 732.7 732.8 732.9 732.10 732.11 732.12 732.13 732.14 732.15 732.16 732.17 732.18 732.19 732.20 732.21 732.22 732.23 732.24 732.25 732.26 732.27 732.28 732.29 732.30 732.31 732.32 732.33 732.34 733.1 733.2 733.3 733.4 733.5 733.6 733.7 733.8 733.9 733.10 733.11 733.12 733.13 733.14 733.15 733.16 733.17 733.18 733.19 733.20 733.21 733.22 733.23 733.24 733.25 733.26 733.27 733.28 733.29 733.30 733.31 734.1 734.2 734.3 734.4 734.5 734.6 734.7 734.8 734.9 734.10 734.11 734.12 734.13 734.14 734.15 734.16 734.17 734.18 734.19 734.20 734.21 734.22 734.23 734.24 734.25 734.26 734.27 734.28 734.29 734.30 734.31 734.32 734.33 735.1 735.2 735.3 735.4 735.5 735.6 735.7 735.8 735.9 735.10 735.11 735.12 735.13 735.14 735.15 735.16 735.17 735.18 735.19 735.20 735.21 735.22 735.23 735.24 735.25 735.26 735.27 735.28 735.29 735.30 735.31 735.32 735.33 735.34 736.1 736.2
736.3 736.4 736.5 736.6 736.7 736.8 736.9 736.10 736.11 736.12 736.13 736.14 736.15 736.16 736.17 736.18 736.19 736.20 736.21 736.22 736.23 736.24
736.25 736.26 736.27 736.28 736.29 736.30 736.31 736.32 736.33 737.1 737.2 737.3 737.4 737.5 737.6 737.7 737.8 737.9 737.10
737.11 737.12 737.13 737.14 737.15 737.16 737.17 737.18 737.19 737.20 737.21 737.22 737.23 737.24 737.25 737.26 737.27 737.28 737.29 737.30 737.31 737.32 737.33 738.1 738.2 738.3 738.4 738.5 738.6 738.7 738.8 738.9 738.10 738.11 738.12 738.13 738.14 738.15 738.16 738.17 738.18 738.19 738.20 738.21 738.22 738.23 738.24 738.25
738.26 738.27 738.28
738.29 738.30 738.31 738.32 739.1 739.2 739.3 739.4 739.5 739.6 739.7 739.8 739.9 739.10 739.11 739.12 739.13 739.14 739.15 739.16 739.17 739.18 739.19 739.20 739.21 739.22 739.23 739.24 739.25 739.26
739.27 739.28 739.29 739.30 739.31 739.32 740.1 740.2 740.3 740.4 740.5 740.6 740.7 740.8 740.9 740.10 740.11 740.12 740.13 740.14 740.15 740.16 740.17 740.18 740.19 740.20 740.21 740.22 740.23 740.24 740.25 740.26 740.27 740.28 740.29 740.30 740.31 740.32 741.1 741.2 741.3 741.4 741.5 741.6 741.7
741.8 741.9 741.10 741.11 741.12 741.13 741.14 741.15 741.16 741.17 741.18 741.19 741.20 741.21 741.22 741.23 741.24 741.25
741.26 741.27 741.28 741.29 741.30 741.31 741.32 742.1 742.2
742.3 742.4 742.5 742.6 742.7 742.8 742.9 742.10 742.11 742.12 742.13 742.14 742.15 742.16 742.17 742.18 742.19 742.20 742.21 742.22 742.23 742.24 742.25 742.26 742.27 742.28 742.29 742.30 742.31 742.32 743.1 743.2 743.3 743.4 743.5 743.6 743.7 743.8 743.9 743.10 743.11 743.12 743.13 743.14 743.15 743.16 743.17
743.18 743.19 743.20 743.21 743.22 743.23 743.24 743.25 743.26 743.27 743.28 743.29 743.30 744.1 744.2 744.3 744.4 744.5 744.6 744.7 744.8 744.9 744.10 744.11 744.12 744.13 744.14 744.15 744.16 744.17 744.18 744.19 744.20 744.21 744.22 744.23 744.24 744.25 744.26 744.27 744.28 744.29 744.30 744.31 744.32 744.33 745.1 745.2 745.3 745.4 745.5 745.6 745.7 745.8 745.9 745.10 745.11 745.12 745.13 745.14 745.15 745.16 745.17 745.18 745.19 745.20 745.21 745.22 745.23 745.24 745.25
745.26 745.27 745.28 745.29 745.30 745.31 746.1 746.2 746.3 746.4 746.5 746.6 746.7 746.8 746.9 746.10 746.11 746.12 746.13 746.14 746.15 746.16 746.17 746.18 746.19 746.20 746.21 746.22 746.23 746.24 746.25 746.26 746.27 747.1 747.2 747.3 747.4 747.5 747.6
747.7 747.8 747.9 747.10 747.11 747.12 747.13 747.14 747.15 747.16 747.17 747.18 747.19 747.20 747.21 747.22 747.23 747.24 747.25 747.26 747.27 747.28 747.29 747.30 748.1 748.2 748.3 748.4 748.5 748.6 748.7 748.8 748.9 748.10 748.11 748.12 748.13 748.14 748.15 748.16 748.17 748.18 748.19 748.20 748.21
748.22 748.23 748.24 748.25 748.26 748.27 748.28 748.29 748.30 748.31 749.1 749.2 749.3 749.4 749.5 749.6 749.7 749.8 749.9 749.10 749.11 749.12 749.13 749.14 749.15 749.16 749.17 749.18 749.19 749.20 749.21 749.22 749.23 749.24 749.25 749.26 749.27 749.28 749.29 749.30 749.31 749.32 750.1 750.2 750.3 750.4 750.5 750.6 750.7 750.8 750.9 750.10 750.11 750.12 750.13 750.14 750.15 750.16 750.17 750.18 750.19 750.20 750.21 750.22 750.23 750.24 750.25 750.26 750.27 750.28 750.29 750.30 750.31 751.1 751.2 751.3 751.4 751.5 751.6 751.7 751.8 751.9 751.10 751.11 751.12 751.13 751.14 751.15 751.16 751.17 751.18 751.19 751.20 751.21 751.22 751.23 751.24 751.25 751.26 751.27 751.28 751.29 752.1 752.2 752.3 752.4 752.5 752.6 752.7 752.8 752.9 752.10 752.11 752.12 752.13 752.14 752.15 752.16 752.17 752.18 752.19 752.20 752.21 752.22 752.23 752.24 752.25 752.26 752.27 753.1 753.2 753.3 753.4 753.5 753.6 753.7 753.8 753.9 753.10 753.11 753.12 753.13 753.14 753.15 753.16 753.17 753.18 753.19 753.20 753.21 753.22 753.23 753.24 753.25 753.26 753.27 753.28 753.29 753.30 753.31 753.32 753.33 754.1 754.2 754.3 754.4 754.5 754.6 754.7 754.8 754.9 754.10 754.11 754.12
754.13 754.14 754.15 754.16 754.17
754.18 754.19 754.20 754.21 754.22 754.23 754.24 754.25 754.26 754.27 754.28 754.29 754.30 755.1 755.2 755.3 755.4 755.5 755.6 755.7 755.8 755.9 755.10 755.11 755.12 755.13 755.14 755.15 755.16 755.17 755.18 755.19 755.20 755.21 755.22 755.23 755.24 755.25 755.26 755.27 755.28 755.29 755.30 755.31 756.1 756.2 756.3 756.4 756.5 756.6 756.7 756.8 756.9
756.10
756.11 756.12 756.13 756.14 756.15 756.16 756.17 756.18 756.19 756.20 756.21 756.22 756.23 756.24 756.25 756.26 756.27 756.28 756.29 756.30 756.31 757.1 757.2 757.3 757.4 757.5 757.6 757.7 757.8 757.9 757.10 757.11 757.12 757.13 757.14 757.15 757.16 757.17 757.18 757.19 757.20 757.21 757.22 757.23 757.24 757.25 757.26 757.27 757.28 757.29 757.30 758.1 758.2 758.3 758.4 758.5 758.6 758.7 758.8 758.9 758.10 758.11 758.12 758.13
758.14
758.15 758.16 758.17 758.18 758.19 758.20 758.21 758.22 758.23 758.24 758.25 758.26 758.27 758.28 758.29 758.30 758.31 759.1 759.2 759.3 759.4 759.5 759.6 759.7 759.8 759.9 759.10 759.11 759.12 759.13 759.14 759.15 759.16 759.17 759.18 759.19 759.20 759.21 759.22 759.23 759.24 759.25 759.26 759.27 759.28
759.29
760.1 760.2 760.3 760.4 760.5 760.6 760.7 760.8 760.9 760.10 760.11 760.12 760.13 760.14 760.15 760.16 760.17 760.18 760.19 760.20 760.21 760.22 760.23 760.24 760.25 760.26 760.27 760.28 760.29 760.30 760.31 761.1 761.2 761.3 761.4 761.5 761.6 761.7 761.8 761.9 761.10 761.11 761.12 761.13 761.14 761.15 761.16 761.17 761.18 761.19 761.20 761.21 761.22 761.23 761.24 761.25 761.26
761.27
762.1 762.2 762.3 762.4 762.5 762.6 762.7 762.8 762.9 762.10 762.11 762.12 762.13 762.14 762.15 762.16 762.17 762.18 762.19 762.20 762.21 762.22 762.23 762.24 762.25 762.26 762.27 762.28 762.29 762.30 762.31 762.32 763.1 763.2 763.3 763.4 763.5 763.6 763.7 763.8 763.9 763.10 763.11 763.12 763.13 763.14 763.15 763.16 763.17 763.18 763.19 763.20 763.21 763.22 763.23 763.24 763.25 763.26 763.27 763.28 763.29 763.30 764.1 764.2 764.3 764.4 764.5 764.6 764.7 764.8 764.9 764.10 764.11 764.12 764.13 764.14
764.15 764.16 764.17 764.18 764.19 764.20 764.21 764.22 764.23 764.24 764.25 764.26 764.27 764.28 764.29 764.30 764.31 765.1 765.2 765.3 765.4 765.5 765.6 765.7 765.8 765.9 765.10 765.11 765.12 765.13 765.14 765.15 765.16 765.17 765.18 765.19 765.20 765.21 765.22 765.23 765.24 765.25 765.26 765.27 765.28 765.29 765.30 765.31 765.32 765.33 766.1 766.2 766.3 766.4 766.5 766.6 766.7 766.8 766.9 766.10 766.11 766.12 766.13 766.14 766.15 766.16 766.17
766.18 766.19 766.20 766.21 766.22 766.23 766.24
766.25 766.26 766.27 766.28 766.29 767.1 767.2
767.3 767.4 767.5 767.6 767.7 767.8 767.9 767.10 767.11 767.12 767.13 767.14 767.15 767.16 767.17 767.18 767.19 767.20 767.21 767.22 767.23 767.24 767.25 767.26 767.27 767.28 767.29 767.30 767.31 767.32
768.1 768.2 768.3 768.4 768.5 768.6 768.7
768.8 768.9 768.10 768.11
768.12 768.13 768.14 768.15 768.16 768.17
768.18 768.19 768.20 768.21 768.22 768.23 768.24 768.25 768.26 768.27 768.28 768.29 768.30 768.31 768.32 769.1 769.2 769.3 769.4
769.5 769.6
769.7 769.8 769.9 769.10 769.11 769.12 769.13 769.14 769.15 769.16 769.17 769.18 769.19 769.20 769.21 769.22 769.23 769.24 769.25 769.26 769.27 769.28 769.29
769.30
770.1 770.2 770.3 770.4 770.5 770.6 770.7 770.8 770.9 770.10 770.11 770.12 770.13 770.14 770.15 770.16 770.17 770.18 770.19 770.20 770.21 770.22 770.23 770.24 770.25 770.26 770.27 770.28 770.29 770.30 771.1 771.2 771.3 771.4 771.5 771.6 771.7 771.8 771.9 771.10 771.11 771.12 771.13 771.14 771.15 771.16 771.17 771.18 771.19 771.20 771.21 771.22 771.23 771.24 771.25 771.26 771.27 771.28 771.29 771.30 772.1 772.2 772.3 772.4 772.5 772.6 772.7 772.8 772.9 772.10 772.11 772.12 772.13 772.14 772.15 772.16 772.17 772.18 772.19 772.20 772.21 772.22
772.23 772.24 772.25 772.26 772.27 772.28 772.29 772.30 772.31 772.32 772.33 773.1 773.2 773.3
773.4 773.5 773.6 773.7 773.8 773.9 773.10 773.11 773.12
773.13 773.14 773.15 773.16 773.17 773.18 773.19 773.20 773.21 773.22 773.23 773.24 773.25 773.26 773.27
773.28
773.29 773.30 773.31 774.1 774.2 774.3 774.4
774.5 774.6
774.7
774.8 774.9
774.10 774.11 774.12 774.13 774.14 774.15 774.16 774.17 774.18 774.19 774.20 774.21 774.22 774.23 774.24 774.25 774.26 774.27 774.28 774.29 774.30 775.1 775.2 775.3 775.4 775.5 775.6 775.7 775.8 775.9 775.10 775.11 775.12 775.13 775.14 775.15 775.16 775.17 775.18 775.19 775.20 775.21 775.22 775.23 775.24 775.25 775.26 775.27 775.28 775.29 775.30 775.31 775.32 776.1 776.2 776.3 776.4 776.5 776.6 776.7 776.8 776.9 776.10 776.11 776.12 776.13 776.14 776.15 776.16 776.17 776.18
776.19 776.20 776.21 776.22 776.23 776.24 776.25 776.26 776.27 776.28 776.29 776.30 776.31 777.1 777.2 777.3 777.4
777.5
777.6 777.7 777.8 777.9 777.10 777.11 777.12 777.13 777.14 777.15 777.16 777.17 777.18 777.19 777.20 777.21 777.22 777.23 777.24 777.25 777.26 777.27 777.28 777.29 777.30 777.31 778.1 778.2 778.3 778.4 778.5 778.6 778.7 778.8 778.9 778.10 778.11 778.12
778.13 778.14
778.15 778.16 778.17 778.18 778.19 778.20 778.21 778.22 778.23 778.24 778.25 778.26 778.27
778.28 778.29 778.30 778.31 778.32 779.1 779.2 779.3 779.4 779.5 779.6 779.7 779.8 779.9 779.10 779.11 779.12 779.13 779.14 779.15 779.16 779.17 779.18 779.19 779.20 779.21 779.22 779.23 779.24 779.25 779.26 779.27 779.28 779.29
779.30
780.1 780.2
780.3 780.4 780.5 780.6 780.7 780.8 780.9 780.10 780.11 780.12 780.13 780.14 780.15 780.16 780.17 780.18 780.19
780.20 780.21 780.22 780.23 780.24 780.25 780.26 780.27 780.28 780.29 780.30 781.1 781.2 781.3 781.4 781.5 781.6 781.7 781.8 781.9 781.10 781.11 781.12 781.13 781.14 781.15 781.16 781.17 781.18 781.19 781.20 781.21 781.22 781.23 781.24 781.25 781.26 781.27 781.28 781.29 781.30 781.31 781.32 781.33 781.34 781.35 782.1 782.2 782.3 782.4 782.5 782.6 782.7 782.8 782.9 782.10 782.11 782.12 782.13 782.14 782.15 782.16 782.17 782.18 782.19 782.20 782.21 782.22 782.23 782.24 782.25 782.26 782.27 782.28 782.29 782.30 782.31 782.32 782.33 782.34 783.1 783.2 783.3 783.4 783.5 783.6 783.7 783.8 783.9 783.10 783.11 783.12 783.13 783.14 783.15 783.16 783.17 783.18 783.19 783.20 783.21 783.22 783.23 783.24 783.25 783.26 783.27 783.28 783.29 783.30 783.31 783.32 783.33 783.34 783.35 784.1 784.2 784.3 784.4 784.5 784.6 784.7 784.8 784.9 784.10 784.11 784.12 784.13 784.14 784.15 784.16 784.17 784.18 784.19 784.20 784.21 784.22 784.23 784.24 784.25 784.26 784.27 784.28 784.29 784.30 784.31 784.32 784.33 784.34 784.35 785.1 785.2 785.3 785.4 785.5 785.6 785.7 785.8 785.9
785.10 785.11 785.12 785.13 785.14 785.15 785.16 785.17 785.18 785.19 785.20 785.21 785.22 785.23 785.24 785.25 785.26 785.27 785.28 785.29 785.30 785.31 785.32 785.33 786.1 786.2 786.3 786.4 786.5 786.6 786.7 786.8 786.9 786.10 786.11 786.12 786.13 786.14 786.15 786.16 786.17 786.18 786.19 786.20 786.21 786.22 786.23 786.24 786.25 786.26 786.27 786.28 786.29 786.30 786.31 786.32 786.33 786.34 786.35 787.1 787.2 787.3 787.4 787.5 787.6 787.7 787.8 787.9 787.10 787.11 787.12 787.13 787.14 787.15 787.16 787.17 787.18 787.19 787.20 787.21 787.22 787.23 787.24 787.25 787.26 787.27 787.28 787.29 787.30 787.31 787.32 787.33 787.34 787.35 788.1 788.2 788.3 788.4 788.5 788.6 788.7 788.8 788.9 788.10 788.11 788.12 788.13 788.14 788.15 788.16 788.17 788.18 788.19 788.20 788.21 788.22 788.23 788.24 788.25 788.26
788.27 788.28 788.29 788.30 788.31 788.32 789.1 789.2 789.3 789.4 789.5 789.6 789.7 789.8 789.9 789.10 789.11 789.12 789.13 789.14 789.15 789.16 789.17 789.18 789.19 789.20 789.21 789.22 789.23 789.24 789.25 789.26 789.27 789.28 789.29
789.30 789.31 790.1 790.2 790.3 790.4 790.5 790.6 790.7 790.8 790.9 790.10
790.11 790.12 790.13 790.14 790.15 790.16 790.17 790.18 790.19 790.20 790.21 790.22 790.23 790.24 790.25 790.26 790.27 790.28 790.29 790.30 790.31 790.32 790.33 790.34 791.1 791.2 791.3 791.4 791.5 791.6 791.7 791.8 791.9 791.10 791.11 791.12 791.13 791.14 791.15 791.16 791.17 791.18 791.19 791.20 791.21 791.22 791.23 791.24 791.25 791.26 791.27 791.28 791.29 791.30 791.31 791.32 791.33 791.34 791.35 792.1 792.2 792.3 792.4 792.5 792.6 792.7 792.8 792.9 792.10 792.11 792.12 792.13 792.14 792.15 792.16 792.17 792.18 792.19 792.20 792.21 792.22 792.23 792.24 792.25 792.26 792.27 792.28 792.29 792.30 792.31 792.32 792.33 792.34 792.35 792.36 793.1 793.2 793.3 793.4 793.5 793.6 793.7 793.8 793.9 793.10 793.11 793.12 793.13 793.14 793.15 793.16 793.17 793.18 793.19 793.20 793.21 793.22 793.23 793.24 793.25 793.26 793.27 793.28 793.29 793.30 793.31 793.32 793.33 794.1 794.2 794.3 794.4 794.5 794.6 794.7 794.8 794.9 794.10 794.11 794.12 794.13 794.14 794.15 794.16 794.17 794.18 794.19 794.20 794.21 794.22 794.23 794.24 794.25 794.26 794.27 794.28 794.29 794.30 794.31 794.32 794.33 794.34 794.35 795.1 795.2 795.3 795.4 795.5 795.6 795.7 795.8 795.9 795.10 795.11 795.12 795.13 795.14 795.15 795.16 795.17 795.18 795.19 795.20 795.21 795.22 795.23 795.24 795.25 795.26 795.27 795.28 795.29 795.30 795.31 795.32 795.33 795.34 796.1 796.2 796.3 796.4 796.5 796.6 796.7 796.8 796.9 796.10 796.11 796.12 796.13 796.14 796.15 796.16 796.17 796.18 796.19 796.20 796.21 796.22 796.23 796.24 796.25 796.26 796.27 796.28 796.29 796.30 796.31 796.32 796.33
797.1 797.2 797.3 797.4 797.5 797.6 797.7 797.8 797.9 797.10 797.11 797.12 797.13 797.14 797.15 797.16 797.17 797.18 797.19 797.20 797.21 797.22 797.23 797.24 797.25 797.26 797.27 797.28 797.29 797.30 797.31 797.32 797.33 797.34 797.35 798.1 798.2 798.3 798.4 798.5 798.6 798.7 798.8 798.9
798.10 798.11 798.12 798.13 798.14 798.15 798.16 798.17 798.18 798.19
798.20 798.21 798.22 798.23 798.24 798.25 798.26 798.27 798.28 798.29 798.30 798.31
798.32
799.1 799.2 799.3
799.4 799.5
799.6 799.7
799.8 799.9 799.10 799.11 799.12 799.13 799.14 799.15 799.16 799.17 799.18 799.19 799.20 799.21 799.22 799.23 799.24 799.25 799.26 799.27 799.28 799.29 799.30 799.31 800.1 800.2 800.3 800.4 800.5 800.6 800.7 800.8 800.9 800.10 800.11 800.12 800.13 800.14 800.15 800.16 800.17 800.18 800.19 800.20 800.21 800.22 800.23 800.24 800.25 800.26 800.27 800.28 800.29
800.30
801.1 801.2 801.3 801.4 801.5 801.6
801.7
801.8 801.9 801.10 801.11 801.12 801.13 801.14 801.15 801.16 801.17 801.18 801.19 801.20 801.21 801.22 801.23 801.24 801.25 801.26 801.27 801.28 801.29 801.30 801.31 801.32 801.33 801.34 802.1 802.2 802.3 802.4 802.5 802.6 802.7 802.8 802.9 802.10 802.11 802.12 802.13 802.14 802.15 802.16 802.17 802.18 802.19 802.20 802.21 802.22 802.23 802.24 802.25 802.26 802.27 802.28 802.29 802.30 802.31 802.32 802.33 802.34 803.1 803.2 803.3 803.4 803.5 803.6 803.7 803.8 803.9 803.10 803.11 803.12 803.13 803.14 803.15 803.16 803.17 803.18 803.19 803.20 803.21 803.22 803.23 803.24 803.25 803.26 803.27 803.28 803.29 803.30 803.31 803.32 803.33 804.1 804.2 804.3 804.4 804.5 804.6 804.7 804.8 804.9 804.10 804.11 804.12 804.13 804.14 804.15 804.16 804.17 804.18 804.19 804.20 804.21 804.22 804.23 804.24 804.25 804.26 804.27 804.28 804.29 804.30 804.31 804.32 804.33 805.1 805.2 805.3 805.4 805.5 805.6 805.7 805.8 805.9 805.10 805.11 805.12 805.13 805.14 805.15 805.16 805.17 805.18 805.19 805.20 805.21 805.22 805.23 805.24 805.25 805.26 805.27 805.28 805.29 805.30 805.31 805.32 806.1 806.2 806.3 806.4 806.5 806.6 806.7 806.8 806.9 806.10
806.11 806.12 806.13 806.14 806.15 806.16 806.17 806.18 806.19 806.20 806.21 806.22 806.23 806.24 806.25 806.26 806.27 806.28 806.29 806.30 806.31 806.32 807.1 807.2 807.3 807.4 807.5 807.6 807.7 807.8 807.9 807.10 807.11 807.12 807.13 807.14 807.15 807.16 807.17 807.18 807.19 807.20
807.21
807.22 807.23 807.24 807.25 807.26 807.27 807.28 807.29 807.30 808.1 808.2 808.3 808.4 808.5 808.6 808.7 808.8 808.9 808.10 808.11 808.12 808.13 808.14 808.15 808.16 808.17 808.18 808.19 808.20 808.21 808.22 808.23 808.24 808.25 808.26 808.27 808.28 808.29 808.30 808.31 809.1 809.2 809.3 809.4 809.5 809.6 809.7 809.8 809.9 809.10 809.11 809.12 809.13 809.14 809.15 809.16 809.17 809.18 809.19 809.20 809.21 809.22 809.23 809.24 809.25 809.26 809.27 809.28 809.29 809.30 809.31 809.32 810.1 810.2 810.3 810.4 810.5 810.6 810.7 810.8 810.9 810.10 810.11 810.12 810.13 810.14 810.15 810.16 810.17 810.18 810.19 810.20 810.21 810.22 810.23 810.24 810.25
810.26
810.27 810.28 810.29 810.30 810.31 810.32 811.1 811.2 811.3 811.4 811.5 811.6 811.7 811.8 811.9 811.10 811.11 811.12 811.13 811.14 811.15 811.16 811.17 811.18 811.19 811.20 811.21 811.22 811.23 811.24 811.25 811.26 811.27 811.28 811.29 811.30 812.1 812.2 812.3 812.4 812.5 812.6 812.7 812.8
812.9 812.10 812.11 812.12 812.13 812.14 812.15 812.16 812.17 812.18 812.19 812.20 812.21 812.22 812.23 812.24 812.25 812.26 812.27 812.28 812.29
813.1 813.2 813.3 813.4 813.5 813.6 813.7 813.8 813.9 813.10 813.11 813.12 813.13 813.14 813.15 813.16
813.17 813.18 813.19 813.20 813.21 813.22 813.23 813.24 813.25 813.26 813.27 813.28 813.29 813.30 813.31 813.32 814.1 814.2 814.3 814.4 814.5 814.6 814.7 814.8 814.9 814.10 814.11 814.12 814.13 814.14 814.15 814.16 814.17 814.18 814.19 814.20 814.21 814.22 814.23 814.24 814.25 814.26 814.27 814.28 814.29 814.30 814.31 814.32 815.1 815.2 815.3 815.4 815.5 815.6 815.7 815.8 815.9 815.10 815.11 815.12 815.13 815.14 815.15 815.16 815.17 815.18 815.19 815.20 815.21 815.22 815.23 815.24 815.25 815.26 815.27 815.28 815.29
816.1 816.2
816.3 816.4 816.5 816.6 816.7 816.8 816.9 816.10 816.11 816.12 816.13 816.14 816.15 816.16 816.17 816.18
816.19
816.20 816.21 816.22 816.23 816.24 816.25 816.26 816.27 816.28 816.29 816.30 816.31 817.1 817.2 817.3 817.4 817.5 817.6 817.7 817.8 817.9 817.10
817.11
817.12 817.13 817.14 817.15 817.16 817.17 817.18 817.19 817.20 817.21 817.22 817.23 817.24 817.25 817.26 817.27 817.28 817.29 817.30 817.31 817.32 817.33 818.1 818.2
818.3 818.4 818.5 818.6 818.7 818.8 818.9 818.10 818.11 818.12 818.13 818.14 818.15 818.16 818.17 818.18
818.19
818.20 818.21 818.22 818.23 818.24 818.25 818.26 818.27 818.28 818.29 818.30 818.31 818.32 819.1 819.2 819.3 819.4 819.5 819.6
819.7 819.8
819.9 819.10 819.11 819.12 819.13 819.14 819.15 819.16 819.17 819.18 819.19 819.20 819.21 819.22 819.23 819.24 819.25 819.26 819.27 819.28 819.29 819.30 819.31 820.1 820.2 820.3 820.4 820.5 820.6 820.7
820.8
820.9 820.10 820.11 820.12 820.13 820.14 820.15 820.16 820.17 820.18 820.19 820.20 820.21 820.22 820.23 820.24 820.25 820.26 820.27
820.28
820.29 820.30 820.31 820.32 821.1 821.2 821.3 821.4 821.5 821.6 821.7 821.8 821.9 821.10 821.11 821.12 821.13 821.14 821.15 821.16 821.17 821.18
821.19
821.20 821.21 821.22 821.23 821.24 821.25 821.26 821.27 821.28 821.29 821.30 821.31 822.1 822.2 822.3 822.4 822.5 822.6 822.7 822.8 822.9 822.10 822.11 822.12 822.13 822.14 822.15 822.16 822.17 822.18
822.19
822.20 822.21 822.22 822.23 822.24 822.25 822.26 822.27 822.28 822.29 822.30
822.31
823.1 823.2 823.3 823.4 823.5
823.6
823.7 823.8 823.9 823.10 823.11 823.12 823.13 823.14 823.15 823.16 823.17 823.18 823.19 823.20 823.21 823.22 823.23 823.24 823.25 823.26 823.27 823.28 823.29 823.30 823.31 824.1 824.2 824.3 824.4 824.5 824.6 824.7 824.8 824.9 824.10 824.11 824.12 824.13 824.14 824.15 824.16 824.17 824.18 824.19 824.20 824.21
824.22
824.23 824.24 824.25 824.26 824.27 824.28 824.29 824.30 824.31 824.32 824.33 825.1 825.2 825.3 825.4 825.5 825.6 825.7 825.8 825.9 825.10 825.11 825.12 825.13 825.14 825.15 825.16 825.17 825.18 825.19 825.20 825.21 825.22
825.23
825.24 825.25 825.26 825.27 825.28 825.29 825.30 825.31 825.32 825.33 826.1 826.2 826.3 826.4 826.5 826.6 826.7 826.8 826.9 826.10 826.11 826.12 826.13 826.14
826.15
826.16 826.17 826.18 826.19 826.20 826.21 826.22 826.23 826.24 826.25 826.26 826.27 826.28
826.29
827.1 827.2 827.3 827.4 827.5 827.6 827.7 827.8 827.9 827.10
827.11
827.12 827.13 827.14 827.15 827.16 827.17 827.18 827.19 827.20 827.21 827.22 827.23 827.24 827.25 827.26
827.27
827.28 827.29 827.30 827.31 827.32 828.1 828.2 828.3 828.4
828.5 828.6 828.7 828.8 828.9 828.10
828.11 828.12 828.13 828.14 828.15 828.16 828.17 828.18 828.19 828.20 828.21 828.22 828.23 828.24 828.25 828.26 828.27 828.28
828.29 828.30 828.31 828.32 829.2 829.1 829.4 829.3 829.5 829.6 829.7 829.8
829.9
829.10 829.11 829.12 829.13 829.14 829.16 829.15 829.18 829.17 829.19 829.20 829.21 829.22 829.23 829.24 829.25 829.26 829.27 829.28 829.29 829.30 829.31 829.32 829.33 829.34 830.1 830.2 830.3 830.4 830.5 830.6 830.7 830.8 830.9 830.10 830.11 830.12 830.13 830.14
830.15
830.16 830.17 830.18 830.19 830.20 830.21 830.22 830.23 830.24 830.25 830.26 830.27 830.28 830.29 830.30 830.31 830.32 830.33 831.1 831.2 831.3 831.4 831.5 831.6 831.7 831.8 831.9 831.10
831.11
831.12 831.13 831.14 831.15 831.16 831.17 831.18 831.19 831.20 831.21 831.22 831.23 831.24 831.25 831.26 831.27 831.28 831.29 831.30 832.1 832.2 832.3
832.4 832.5 832.6 832.7 832.8 832.9 832.10 832.11 832.12 832.13 832.14 832.15 832.16 832.17 832.18 832.19 832.20 832.21 832.22 832.23 832.24 832.25 832.26 832.27 832.28 832.29 832.30 833.1 833.2 833.3 833.4 833.5 833.6 833.7 833.8 833.9 833.10 833.11 833.12 833.13 833.14 833.15 833.16 833.17 833.18 833.19 833.20 833.21 833.22 833.23 833.24 833.25 833.26 833.27 833.28 833.29 833.30 834.1 834.2
834.3
834.4 834.5 834.6 834.7 834.8 834.9 834.10 834.11 834.12 834.13 834.14 834.15 834.16 834.17 834.18 834.19 834.20 834.21 834.22 834.23 834.24 834.25 834.26 834.27 834.28 834.29 834.30 834.31 835.1 835.2
835.3 835.4 835.5 835.6 835.7
835.8 835.9 835.10 835.11 835.12
835.13 835.14
835.15 835.16
835.17 835.18 835.19 835.20 835.21 835.22 835.23 835.24 835.25 835.26 835.27 835.28 835.29 835.30 836.1 836.2 836.3 836.4 836.5 836.6 836.7 836.8 836.9 836.10 836.11 836.12 836.13 836.14 836.15 836.16 836.17 836.18 836.19
836.20
836.21 836.22 836.23 836.24 836.25 836.26 836.27 836.28 836.29 836.30 836.31 836.32 836.33 837.1 837.2 837.3 837.4 837.5 837.6 837.7 837.8 837.9 837.10 837.11 837.12 837.13 837.14 837.15 837.16 837.17 837.18 837.19 837.20 837.21 837.22 837.23 837.24
837.25
837.26 837.27 837.28 837.29 837.30 837.31 838.1 838.2 838.3 838.4 838.5 838.6 838.7 838.8 838.9 838.10 838.11 838.12 838.13 838.14 838.15 838.16 838.17 838.18 838.19 838.20 838.21 838.22 838.23 838.24 838.25 838.26 838.27 838.28 838.29 838.30 838.31 838.32 838.33 838.34 839.1 839.2 839.3 839.4 839.5 839.6 839.7 839.8 839.9 839.10 839.11
839.12 839.13 839.14 839.15 839.16 839.17 839.18 839.19 839.20 839.21 839.22 839.23 839.24 839.25 839.26 839.27 839.28 839.29 839.30 839.31 839.32 840.1
840.2 840.3 840.4 840.5 840.6 840.7 840.8 840.9 840.10 840.11 840.12 840.13 840.14 840.15 840.16 840.17 840.18 840.19 840.20 840.21 840.22 840.23 840.24 840.25 840.26 840.27 840.28 840.29
841.1 841.2 841.3 841.4 841.5 841.6 841.7 841.8 841.9 841.10 841.11 841.12 841.13 841.14 841.15 841.16 841.17 841.18
841.19 841.20 841.21 841.22 841.23 841.24 841.25 841.26 841.27 841.28 841.29 841.30 841.31 842.1 842.2 842.3 842.4 842.5 842.6 842.7 842.8 842.9 842.10 842.11 842.12 842.13 842.14 842.15 842.16 842.17
842.18 842.19 842.20 842.21 842.22 842.23 842.24 842.25 842.26 842.27 842.28 842.29 842.30 842.31 842.32 842.33 843.1 843.2
843.3 843.4 843.5 843.6 843.7 843.8 843.9 843.10 843.11 843.12 843.13 843.14 843.15 843.16 843.17 843.18 843.19 843.20 843.21 843.22 843.23 843.24 843.25 843.26 843.27 843.28 843.29 843.30 843.31
844.1 844.2 844.3 844.4 844.5 844.6 844.7 844.8 844.9 844.10 844.11 844.12 844.13 844.14 844.15 844.16 844.17 844.18 844.19 844.20 844.21 844.22 844.23 844.24 844.25 844.26 844.27 844.28 844.29 844.30 844.31 845.1 845.2 845.3 845.4 845.5 845.6 845.7 845.8 845.9 845.10 845.11 845.12 845.13 845.14 845.15 845.16 845.17 845.18 845.19 845.20 845.21 845.22 845.23 845.24 845.25 845.26 845.27 845.28 845.29 845.30 845.31 845.32 845.33 846.1 846.2 846.3 846.4 846.5 846.6 846.7 846.8 846.9 846.10 846.11 846.12 846.13 846.14 846.15 846.16 846.17 846.18 846.19 846.20 846.21 846.22 846.23 846.24 846.25 846.26 846.27 846.28 846.29 846.30 846.31 846.32 847.1 847.2 847.3 847.4 847.5
847.6 847.7
847.8 847.9 847.10 847.11 847.12 847.13 847.14 847.15 847.16 847.17 847.18 847.19 847.20 847.21 847.22 847.23 847.24 847.25 847.26 847.27 847.28 847.29 847.30 847.31 847.32 847.33 848.1 848.2
848.3 848.4 848.5 848.6 848.7 848.8 848.9 848.10 848.11 848.12 848.13 848.14 848.15 848.16 848.17 848.18 848.19 848.20 848.21 848.22 848.23 848.24 848.25 848.26 848.27 848.28 848.29 848.30 848.31 848.32 849.1 849.2 849.3 849.4 849.5 849.6 849.7 849.8 849.9 849.10 849.11 849.12 849.13 849.14 849.15 849.16 849.17 849.18 849.19 849.20 849.21 849.22 849.23 849.24 849.25 849.26 849.27 849.28 849.29 849.30 849.31 850.1 850.2 850.3 850.4 850.5 850.6 850.7 850.8
850.9 850.10 850.11 850.12 850.13 850.14 850.15 850.16 850.17 850.18
850.19
850.20 850.21 850.22 850.23 850.24 850.25 850.26 850.27 850.28
851.1 851.2 851.3 851.4 851.5 851.6 851.7 851.8 851.9 851.10 851.11 851.12 851.13 851.14 851.15 851.16 851.17 851.18 851.19 851.20 851.21 851.22 851.23 851.24 851.25 851.26 851.27 851.28 851.29 851.30 851.31 851.32 851.33 851.34 852.1 852.2 852.3 852.4 852.5 852.6 852.7 852.8 852.9 852.10 852.11 852.12 852.13 852.14 852.15 852.16 852.17 852.18 852.19 852.20 852.21 852.22 852.23 852.24 852.25 852.26 852.27 852.28 852.29 852.30 852.31 852.32 852.33 853.1 853.2 853.3 853.4 853.5 853.6 853.7 853.8 853.9 853.10 853.11 853.12 853.13 853.14 853.15 853.16 853.17 853.18 853.19 853.20 853.21 853.22 853.23 853.24 853.25 853.26 853.27 853.28 853.29 853.30 853.31 853.32 853.33 853.34 853.35 854.1 854.2 854.3 854.4 854.5 854.6 854.7 854.8 854.9 854.10 854.11 854.12 854.13 854.14 854.15 854.16 854.17 854.18 854.19 854.20 854.21 854.22 854.23 854.24 854.25 854.26 854.27 854.28 854.29 854.30 854.31 854.32 854.33 854.34 855.1 855.2 855.3 855.4 855.5 855.6 855.7 855.8 855.9 855.10 855.11 855.12 855.13 855.14 855.15 855.16 855.17 855.18 855.19 855.20 855.21 855.22 855.23 855.24 855.25 855.26 855.27 855.28 855.29 855.30 855.31 855.32 856.1 856.2
856.3 856.4
856.5 856.6 856.7 856.8 856.9 856.10 856.11 856.12 856.13 856.14 856.15 856.16 856.17 856.18 856.19 856.20 856.21 856.22 856.23 856.24 856.25 856.26 856.27 856.28 856.29 856.30 856.31 856.32 856.33 857.1 857.2 857.3 857.4 857.5 857.6 857.7 857.8 857.9 857.10 857.11 857.12 857.13 857.14 857.15 857.16 857.17 857.18 857.19 857.20 857.21 857.22 857.23 857.24 857.25 857.26 857.27 857.28 857.29 857.30 857.31 857.32 857.33 857.34 858.1 858.2 858.3 858.4 858.5 858.6 858.7 858.8 858.9 858.10 858.11 858.12 858.13 858.14 858.15 858.16 858.17 858.18 858.19 858.20 858.21 858.22 858.23 858.24 858.25 858.26 858.27 858.28 858.29 858.30 858.31 858.32 858.33 859.1 859.2 859.3 859.4 859.5 859.6 859.7 859.8
859.9 859.10 859.11 859.12 859.13 859.14 859.15 859.16 859.17 859.18 859.19 859.20 859.21 859.22 859.23 859.24 859.25 859.26 859.27 859.28 859.29 859.30 859.31 859.32
860.1 860.2 860.3 860.4 860.5 860.6 860.7 860.8 860.9 860.10 860.11 860.12 860.13 860.14 860.15 860.16 860.17 860.18 860.19 860.20 860.21 860.22 860.23 860.24 860.25 860.26 860.27 860.28 860.29 861.1 861.2 861.3 861.4 861.5 861.6 861.7 861.8 861.9 861.10 861.11 861.12 861.13 861.14 861.15 861.16 861.17 861.18 861.19 861.20 861.21 861.22 861.23 861.24 861.25
861.26 861.27 861.28 861.29 861.30 861.31 861.32 862.1 862.2 862.3 862.4 862.5 862.6 862.7
862.8 862.9 862.10 862.11 862.12 862.13 862.14
862.15 862.16 862.17 862.18 862.19 862.20 862.21 862.22 862.23 862.24 862.25 862.26 862.27 862.28 862.29 862.30 862.31
863.1 863.2 863.3 863.4 863.5 863.6 863.7 863.8 863.9 863.10 863.11 863.12 863.13 863.14 863.15 863.16 863.17 863.18 863.19 863.20 863.21 863.22 863.23
863.24 863.25 863.26 863.27 863.28 863.29 863.30 863.31 863.32 863.33 864.1 864.2 864.3 864.4 864.5 864.6 864.7
864.8 864.9 864.10 864.11 864.12 864.13 864.14
864.15
864.16 864.17 864.18 864.19 864.20 864.21 864.22 864.23 864.24 864.25 864.26 864.27 864.28 864.29 864.30 865.1 865.2 865.3 865.4 865.5 865.6 865.7 865.8 865.9 865.10 865.11
865.12
865.13 865.14 865.15 865.16 865.17 865.18
865.19
865.20 865.21 865.22 865.23 865.24 865.25 865.26 865.27 865.28 865.29 865.30 865.31 866.1 866.2 866.3 866.4 866.5 866.6 866.7 866.8 866.9 866.10 866.11 866.12
866.13
866.14 866.15 866.16 866.17 866.18 866.19 866.20 866.21 866.22 866.23 866.24 866.25 866.26 866.27 866.28 866.29
866.30
867.1 867.2 867.3 867.4 867.5 867.6 867.7 867.8 867.9
867.10
867.11 867.12 867.13 867.14 867.15 867.16 867.17 867.18 867.19 867.20 867.21 867.22 867.23 867.24 867.25 867.26 867.27 867.28 867.29
867.30
868.1 868.2 868.3 868.4 868.5 868.6 868.7 868.8 868.9 868.10 868.11 868.12 868.13 868.14 868.15 868.16 868.17 868.18 868.19 868.20 868.21 868.22
868.23
868.24 868.25 868.26 868.27 868.28 868.29 868.30 868.31 868.32 869.1 869.2 869.3 869.4 869.5 869.6 869.7 869.8 869.9 869.10 869.11 869.12 869.13 869.14 869.15 869.16 869.17 869.18 869.19 869.20 869.21 869.22 869.23 869.24 869.25
869.26
869.27 869.28 869.29 869.30 869.31 869.32 870.1 870.2 870.3 870.4 870.5 870.6 870.7 870.8 870.9 870.10 870.11 870.12 870.13 870.14 870.15 870.16 870.17 870.18 870.19 870.20 870.21 870.22 870.23 870.24 870.25 870.26 870.27 870.28 870.29 870.30 870.31 870.32 871.1 871.2 871.3 871.4 871.5 871.6 871.7 871.8 871.9 871.10 871.11 871.12 871.13 871.14 871.15 871.16 871.17 871.18 871.19 871.20 871.21 871.22 871.23 871.24 871.25 871.26 871.27 871.28 871.29
871.30
872.1 872.2 872.3 872.4 872.5 872.6 872.7
872.8
872.9 872.10 872.11 872.12 872.13 872.14
872.15 872.16 872.17 872.18 872.19 872.20 872.21 872.22 872.23 872.24 872.25 872.26 872.27 872.28 872.29 872.30 872.31 872.32 873.1 873.2 873.3 873.4 873.5 873.6 873.7 873.8 873.9
873.10 873.11 873.12 873.13 873.14 873.15 873.16 873.17 873.18 873.19 873.20
873.21 873.22 873.23 873.24 873.25 873.26 873.27 873.28 873.29 873.30 873.31 873.32 873.33 874.1 874.2 874.3 874.4 874.5 874.6 874.7 874.8 874.9 874.10 874.11 874.12
874.13
874.14 874.15 874.16 874.17 874.18
874.19 874.20 874.21 874.22 874.23 874.24 874.25 874.26 874.27 874.28 874.29 874.30 875.1 875.2 875.3 875.4 875.5 875.6 875.7 875.8 875.9 875.10 875.11 875.12 875.13 875.14 875.15 875.16 875.17 875.18 875.19 875.20 875.21 875.22 875.23 875.24 875.25 875.26 875.27 875.28 875.29 875.30 875.31 875.32 875.33 876.1 876.2 876.3 876.4
876.5 876.6 876.7 876.8 876.9 876.10 876.11 876.12 876.13 876.14 876.15 876.16 876.17 876.18 876.19 876.20 876.21 876.22 876.23 876.24 876.25 876.26 876.27 876.28 876.29 876.30 877.1 877.2 877.3 877.4 877.5 877.6 877.7 877.8 877.9 877.10 877.11 877.12 877.13 877.14 877.15 877.16 877.17 877.18 877.19 877.20 877.21 877.22 877.23 877.24 877.25 877.26 877.27 877.28 877.29 877.30 877.31 877.32 877.33 877.34 878.1 878.2 878.3 878.4 878.5 878.6 878.7 878.8 878.9 878.10 878.11 878.12 878.13 878.14 878.15 878.16 878.17 878.18 878.19 878.20 878.21 878.22 878.23 878.24 878.25 878.26 878.27 878.28 878.29 878.30 878.31 878.32 879.1 879.2 879.3 879.4 879.5 879.6 879.7 879.8 879.9 879.10 879.11 879.12 879.13 879.14 879.15 879.16 879.17 879.18 879.19 879.20 879.21 879.22 879.23 879.24 879.25 879.26 879.27 879.28 879.29 879.30 879.31 879.32 880.1 880.2 880.3 880.4 880.5 880.6 880.7 880.8 880.9 880.10 880.11 880.12 880.13 880.14 880.15 880.16 880.17 880.18 880.19 880.20 880.21 880.22 880.23 880.24 880.25 880.26 880.27 880.28 880.29 880.30 880.31 880.32 880.33 881.1 881.2 881.3 881.4 881.5 881.6 881.7 881.8 881.9 881.10 881.11 881.12 881.13 881.14 881.15 881.16 881.17 881.18 881.19 881.20 881.21 881.22 881.23 881.24 881.25 881.26 881.27 881.28 881.29 881.30 882.1 882.2 882.3 882.4 882.5 882.6 882.7 882.8 882.9 882.10 882.11 882.12 882.13 882.14 882.15 882.16 882.17 882.18 882.19 882.20 882.21 882.22 882.23 882.24 882.25
882.26
882.27 882.28 882.29 882.30 882.31 882.32 882.33 883.1 883.2 883.3 883.4 883.5 883.6 883.7 883.8 883.9 883.10 883.11 883.12 883.13 883.14 883.15 883.16 883.17 883.18 883.19 883.20 883.21 883.22 883.23 883.24 883.25
883.26 883.27 883.28 883.30 883.29 883.31 883.32 884.1 884.2 884.3
884.4
884.5 884.6 884.7 884.8 884.9 884.11 884.10 884.12 884.13 884.14 884.15 884.16 884.17 884.18 884.19 884.20 884.21
884.22 884.23 884.24 884.25 884.26 884.27 884.28 884.29 884.30 884.31 885.1 885.2 885.3 885.4 885.5 885.6 885.7 885.8 885.9 885.10 885.11 885.12 885.13 885.14 885.15
885.16
885.17 885.18 885.19 885.20 885.21 885.22 885.23 885.24 885.25 885.26 885.27 885.28 885.29 885.30 885.31 885.32 885.33 886.1 886.2 886.3 886.4 886.5 886.6 886.7 886.8 886.9 886.10 886.11 886.12 886.13 886.14 886.15 886.16
886.17 886.18 886.19 886.20 886.21 886.22 886.23 886.24 886.25 886.26 886.27 886.28 886.29 886.30 886.31 886.32 887.1 887.2 887.3 887.4 887.5 887.6 887.7 887.8 887.9 887.10 887.11 887.12 887.13 887.14 887.15 887.16 887.17 887.18 887.19 887.20 887.21 887.22 887.23 887.24 887.25 887.26 887.27 887.28 887.29 887.30 887.31 887.32 888.1 888.2 888.3 888.4 888.5 888.6 888.7 888.8
888.9 888.10 888.11 888.12 888.13 888.14 888.15 888.16 888.17 888.18 888.19 888.20 888.21 888.22 888.23 888.24 888.25 888.26 888.27 888.28 888.29 888.30 888.31 888.32 888.33 888.34 888.35 889.1 889.2 889.3 889.4 889.5 889.6 889.7 889.8 889.9 889.10 889.11 889.12 889.13 889.14 889.15 889.16 889.17 889.18 889.19
889.20
889.21 889.22 889.23
889.24 889.25
889.26 889.27
889.28 889.29 889.30 889.31 889.32 890.1 890.2 890.3 890.4 890.5 890.6 890.7 890.8 890.9 890.10 890.11 890.12 890.13 890.14 890.15 890.16 890.17 890.18 890.19 890.20 890.21 890.22 890.23 890.24
890.25
890.26 890.27 890.28 890.29 890.30
891.1 891.2 891.3 891.4 891.5 891.6 891.7 891.8 891.9
891.10
891.11 891.12 891.13 891.14 891.15 891.16 891.17 891.18 891.19 891.20 891.21 891.22 891.23 891.24 891.25 891.26 891.27 891.28 891.29 891.30 891.31 891.32
892.1
892.2 892.3 892.4 892.5 892.6 892.7 892.8 892.9 892.10 892.11 892.12 892.13 892.14 892.15 892.16 892.17 892.18 892.19
892.20 892.21 892.22 892.23 892.24 892.25 892.26 892.27
892.28
892.29 892.30 892.31 892.32 893.1 893.2 893.3 893.4 893.5 893.6 893.7 893.8 893.9 893.10 893.11 893.12 893.13 893.14 893.15 893.16 893.17 893.18 893.19 893.20 893.21 893.22 893.23 893.24 893.25 893.26 893.27 893.28 893.29 893.30 894.1 894.2 894.3 894.4 894.5 894.6 894.7 894.8 894.9 894.10 894.11 894.12 894.13 894.14 894.15 894.16 894.17 894.18 894.19 894.20 894.21 894.22 894.23 894.24 894.25 894.26 894.27 894.28 894.29 894.30 894.31 894.32 894.33 895.1 895.2 895.3 895.4 895.5 895.6 895.7 895.8 895.9 895.10 895.11 895.12 895.13 895.14 895.15 895.16 895.17 895.18 895.19 895.20 895.21 895.22
895.23
895.24 895.25 895.26 895.27 895.28 895.29 895.30 895.31 895.32 895.33 896.1 896.2 896.3 896.4 896.5 896.6 896.7 896.8 896.9 896.10 896.11 896.12 896.13 896.14 896.15 896.16 896.17 896.18 896.19 896.20 896.21 896.22 896.23 896.24 896.25 896.26 896.27 896.28 896.29 896.30 896.31 896.32 896.33 896.34 896.35 897.1 897.2 897.3 897.4 897.5 897.6 897.7 897.8 897.9 897.10 897.11 897.12 897.13
897.14
897.15 897.16 897.17 897.18 897.19 897.20 897.21 897.22 897.23 897.24 897.25 897.26 897.27 897.28 897.29 897.30 897.31 898.1 898.2 898.3 898.4 898.5 898.6 898.7 898.8 898.9 898.10 898.11 898.12 898.13 898.14 898.15 898.16 898.17 898.18 898.19 898.20 898.21 898.22 898.23 898.24 898.25 898.26 898.27 898.28 898.29 898.30 898.31 898.32 899.1 899.2 899.3 899.4 899.5 899.6 899.7 899.8 899.9 899.10 899.11 899.12 899.13 899.14 899.15 899.16 899.17 899.18 899.19 899.20 899.21 899.22 899.23 899.24 899.25
899.26
899.27 899.28 899.29 899.30 899.31 899.32 900.1 900.2 900.3 900.4 900.5 900.6 900.7 900.8 900.9 900.10 900.11 900.12 900.13 900.14 900.15 900.16 900.17 900.18 900.19 900.20 900.21 900.22 900.23 900.24 900.25 900.26 900.27 900.28 900.29 900.30 901.1 901.2 901.3 901.4 901.5 901.6 901.7 901.8 901.9 901.10 901.11 901.12 901.13 901.14 901.15 901.16 901.17 901.18 901.19 901.20 901.21 901.22 901.23 901.24 901.25
901.26
901.27 901.28 901.29 901.30 901.31 901.32 901.33 902.1 902.2 902.3 902.4
902.5 902.6 902.7 902.8 902.9 902.10 902.11
902.12
902.13 902.14 902.15 902.16 902.17 902.18 902.19 902.20 902.21 902.22 902.23 902.24 902.25 902.26 902.27 902.28 902.29 902.30 902.31 902.32 903.1 903.2 903.3 903.4 903.5 903.6 903.7 903.8 903.9 903.10 903.11 903.12 903.13 903.14 903.15 903.16 903.17 903.18 903.19 903.20 903.21 903.22 903.23 903.24 903.25 903.26 903.27 903.28 903.29 903.30 903.31 903.32 903.33 903.34 904.1 904.2 904.3 904.4 904.5 904.6 904.7 904.8 904.9 904.10 904.11 904.12 904.13 904.14 904.15 904.16 904.17 904.18 904.19 904.20 904.21 904.22 904.23 904.24 904.25 904.26 904.27 904.28
904.29
904.30 904.31 904.32 904.33 904.34 905.1 905.2 905.3 905.4 905.5 905.6 905.7 905.8 905.9 905.10 905.11 905.12 905.13
905.14
905.15 905.16 905.17 905.18 905.19 905.20 905.21 905.22 905.23 905.24
905.25 905.26 905.27 905.28 905.29 905.30 905.31
906.1 906.2 906.3 906.4 906.5 906.6 906.7 906.8 906.9 906.10 906.11 906.12 906.13 906.14
906.15 906.16 906.17 906.18 906.19 906.20 906.21 906.22 906.23 906.24 906.25 906.26 906.27 906.28 906.29 906.30 906.31 906.32 907.1 907.2 907.3 907.4 907.5 907.6 907.7 907.8 907.9 907.10 907.11 907.12 907.13 907.14 907.15 907.16 907.17 907.18 907.19
907.20
907.21 907.22 907.23 907.24 907.25 907.26 907.27 907.28 907.29 907.30 907.31 907.32 907.33 907.34 908.1 908.2 908.3 908.4 908.5 908.6 908.7 908.8 908.9 908.10 908.11 908.12 908.13 908.14 908.15 908.16 908.17 908.18 908.19 908.20 908.21 908.22 908.23 908.24 908.25 908.26 908.27 908.28 908.29 908.30 908.31 908.32 908.33 908.34 909.1 909.2 909.3 909.4 909.5 909.6 909.7 909.8 909.9 909.10 909.11 909.12 909.13 909.14 909.15 909.16 909.17 909.18 909.19 909.20 909.21 909.22 909.23 909.24 909.25 909.26 909.27 909.28 909.29 909.30 909.31 909.32 909.33 909.34 909.35 910.1 910.2 910.3 910.4 910.5 910.6 910.7 910.8 910.9 910.10 910.11 910.12 910.13 910.14 910.15 910.16 910.17 910.18 910.19 910.20 910.21 910.22 910.23 910.24 910.25 910.26 910.27 910.28 910.29 910.30 910.31 910.32 910.33 910.34 910.35 911.1 911.2 911.3 911.4 911.5 911.6 911.7 911.8 911.9 911.10 911.11 911.12 911.13 911.14 911.15 911.16 911.17 911.18 911.19 911.20 911.21 911.22 911.23 911.24 911.25 911.26 911.27 911.28 911.29 911.30 911.31 911.32 911.33 911.34 911.35 912.1 912.2 912.3 912.4 912.5 912.6 912.7 912.8 912.9 912.10 912.11 912.12 912.13 912.14 912.15 912.16 912.17 912.18 912.19 912.20 912.21 912.22 912.23 912.24 912.25 912.26 912.27 912.28 912.29 912.30 912.31 912.32 912.33 912.34 913.1 913.2 913.3 913.4 913.5 913.6 913.7 913.8 913.9 913.10 913.11 913.12 913.13 913.14 913.15 913.16 913.17 913.18 913.19 913.20 913.21 913.22 913.23 913.24 913.25 913.26 913.27 913.28 913.29 913.30 913.31 913.32 913.33 914.1 914.2 914.3 914.4 914.5 914.6 914.7 914.8
914.9
914.10 914.11 914.12 914.13 914.14 914.15 914.16 914.17 914.18 914.19 914.20 914.21 914.22 914.23 914.24 914.25 914.26 914.27 914.28 914.29 914.30 914.31 914.32 914.33 915.1 915.2 915.3 915.4 915.5 915.6 915.7 915.8 915.9 915.10 915.11 915.12 915.13 915.14 915.15 915.16 915.17 915.18 915.19 915.20 915.21 915.22 915.23 915.24 915.25 915.26 915.27 915.28 915.29 915.30 915.31 915.32 915.33 916.1 916.2 916.3 916.4 916.5 916.6 916.7 916.8 916.9 916.10 916.11 916.12 916.13 916.14 916.15 916.16 916.17 916.18 916.19 916.20
916.21
916.22 916.23 916.24 916.25 916.26 916.27 916.28 916.29 916.30 916.31 916.32 916.33 917.1 917.2
917.3
917.4 917.5
917.6
917.7 917.8
917.9
917.10 917.11
917.12
917.13 917.14
917.15
917.16 917.17
917.18
917.19 917.20
917.21
917.22 917.23
917.24
918.1 918.2
918.3
918.4 918.5
918.6
918.7 918.8
918.9
918.10 918.11
918.12
918.13 918.14
918.15
918.16 918.17
918.18
918.19 918.20
918.21
918.22 918.23 918.24 918.25 918.26 919.1 919.2 919.3
919.4 919.5 919.6 919.7 919.8 919.9 919.10 919.11 919.12 919.13 919.14 919.15 919.16
919.17
919.18 919.19 919.20 919.21 919.22 919.23
919.24
919.25 919.26 919.27 919.28 919.29 919.30 919.31 920.1 920.2 920.3 920.4 920.5 920.6 920.7 920.8 920.9 920.10 920.11 920.12 920.13 920.14 920.15 920.16 920.17 920.18 920.19 920.20 920.21 920.22 920.23 920.24 920.25 920.26 920.27 920.28 920.29 920.30 920.31 920.32 920.33 921.1 921.2 921.3 921.4 921.5 921.6 921.7 921.8 921.9 921.10 921.11 921.12 921.13 921.14 921.15 921.16 921.17 921.18 921.19 921.20 921.21 921.22 921.23 921.24 921.25 921.26 921.27 921.28 921.29 921.30 921.31 921.32 921.33 922.1 922.2 922.3 922.4 922.5 922.6 922.7 922.8 922.9 922.10 922.11 922.12 922.13
922.14 922.15 922.16 922.17 922.18 922.19 922.20 922.21 922.22 922.23 922.24 922.25 922.26 922.27 922.28 922.29 922.30 922.31 923.1 923.2 923.3 923.4 923.5 923.6 923.7 923.8 923.9 923.10 923.11 923.12 923.13 923.14 923.15 923.16 923.17 923.18 923.19 923.20 923.21 923.22 923.23 923.24 923.25 923.26 923.27 923.28 923.29 923.30
924.1 924.2 924.3 924.4 924.5 924.6 924.7 924.8 924.9 924.10 924.11 924.12 924.13 924.14 924.15 924.16 924.17 924.18 924.19 924.20 924.21 924.22 924.23 924.24 924.25 924.26 924.27 924.28 924.29 924.30 925.1 925.2 925.3 925.4 925.5 925.6 925.7 925.8 925.9 925.10 925.11 925.12 925.13 925.14 925.15 925.16 925.17 925.18 925.19 925.20
925.21 925.22 925.23 925.24 925.25 925.26 925.27 925.28 925.29 925.30 925.31 925.32 926.1 926.2 926.3 926.4 926.5 926.6 926.7 926.8 926.9 926.10 926.11 926.12 926.13 926.14 926.15 926.16 926.17 926.18 926.19 926.20 926.21 926.22 926.23 926.24 926.25 926.26 926.27 926.28 926.29 926.30 926.31 926.32 927.1 927.2 927.3 927.4 927.5 927.6 927.7 927.8 927.9 927.10 927.11 927.12
927.13 927.14 927.15 927.16 927.17 927.18 927.19 927.20 927.21 927.22 927.23 927.24 927.25 927.26 927.27 927.28 927.29 927.30 927.31 927.32 928.1 928.2 928.3 928.4 928.5 928.6 928.7 928.8 928.9 928.10 928.11 928.12 928.13 928.14 928.15 928.16 928.17 928.18 928.19 928.20 928.21 928.22 928.23 928.24 928.25 928.26 928.27 928.28 928.29 928.30 928.31 928.32 928.33 929.1 929.2 929.3 929.4 929.5 929.6
929.7 929.8 929.9 929.10 929.11 929.12 929.13 929.14 929.15 929.16 929.17 929.18 929.19 929.20 929.21 929.22 929.23 929.24 929.25 929.26 929.27 929.28 929.29 929.30 930.1 930.2
930.3 930.4 930.5 930.6 930.7 930.8 930.9 930.10 930.11 930.12 930.13 930.14
930.15 930.16 930.17 930.18 930.19 930.20 930.21 930.22 930.23 930.24 930.25 930.26 930.27 930.28 930.29 930.30 931.1 931.2 931.3 931.4 931.5 931.6 931.7 931.8 931.9 931.10
931.11 931.12 931.13 931.14 931.15 931.16 931.17 931.18 931.19 931.20 931.21 931.22 931.23 931.24 931.25 931.26 931.27 931.28
932.1 932.2 932.3 932.4
932.5 932.6 932.7 932.8
932.9 932.10 932.11 932.12 932.13 932.14 932.15 932.16 932.17 932.18 932.19 932.20 932.21 932.22 932.23 932.24 932.25 932.26 932.27 932.28 933.1 933.2 933.3 933.4 933.5 933.6 933.7 933.8 933.9 933.10 933.11 933.12
933.13 933.14 933.15 933.16 933.17 933.18 933.19 933.20 933.21 933.22 933.23 933.24 933.25 933.26 933.27 933.28 933.29 934.1 934.2 934.3 934.4 934.5 934.6 934.7 934.8
934.9 934.10 934.11 934.12 934.13 934.14 934.15 934.16 934.17 934.18 934.19 934.20 934.21 934.22 934.23 934.24 934.25 934.26 934.27 934.28 934.29 934.30 934.31 934.32 935.1 935.2 935.3 935.4 935.5 935.6 935.7 935.8 935.9 935.10 935.11 935.12 935.13 935.14 935.15 935.16 935.17 935.18 935.19
935.20 935.21 935.22 935.23 935.24 935.25 935.26 935.27 935.28 935.29 935.30 935.31 936.1 936.2 936.3 936.4
936.5 936.6 936.7 936.8 936.9 936.10 936.11 936.12 936.13 936.14 936.15 936.16 936.17 936.18 936.19 936.20 936.21 936.22 936.23 936.24 936.25 936.26 936.27 936.28 936.29 936.30 936.31 937.1 937.2 937.3 937.4 937.5 937.6 937.7 937.8 937.9 937.10 937.11 937.12 937.13 937.14 937.15
937.16 937.17 937.18 937.19 937.20
937.21 937.22 937.23 937.24 937.25 937.26 937.27 937.28 937.29 937.30 938.1 938.2 938.3 938.4 938.5
938.6 938.7 938.8 938.9 938.10
938.11 938.12
938.13 938.14
938.15 938.16 938.17 938.18 938.19 938.20 938.21 938.22 938.23 938.24 938.25 938.26 938.27 938.28 938.29 938.30 938.31 938.32 939.1 939.2 939.3 939.4 939.5 939.6 939.7 939.8 939.9 939.10
939.11
939.12 939.13 939.14 939.15 939.16 939.17 939.18 939.19 939.20 939.21 939.22 939.23 939.24 939.25 939.26 939.27 939.28 939.29 939.30 939.31 939.32 940.1 940.2 940.3 940.4 940.5 940.6 940.7 940.8 940.9 940.10 940.11 940.12 940.13 940.14 940.15 940.16 940.17 940.18 940.19 940.20 940.21 940.22 940.23 940.24 940.25 940.26 940.27 940.28 940.29 940.30 940.31 940.32 940.33 941.1 941.2
941.3
941.4 941.5 941.6 941.7 941.8 941.9 941.10 941.11 941.12 941.13 941.14 941.15 941.16
941.17
941.18 941.19 941.20 941.21 941.23 941.22 941.25 941.24 941.26 941.27 941.28 941.29
942.1 942.2 942.3 942.4 942.5 942.6 942.7 942.8 942.9 942.10 942.11 942.12 942.13 942.14 942.15 942.16 942.17 942.18 942.19 942.20 942.21 942.22 942.23 942.24 942.25 942.26 942.27 942.28 942.29 942.30 942.31 942.32 943.1 943.2 943.3 943.4 943.5 943.6 943.7 943.8 943.9 943.10 943.11 943.12 943.13 943.14 943.15 943.16 943.17 943.18 943.19 943.20 943.21 943.22 943.23 943.24
943.25
943.26 943.27
943.28 943.29 943.30 943.31 943.32 944.1 944.2 944.3 944.4 944.5 944.6 944.7 944.8 944.9
944.10 944.11 944.12 944.13 944.14 944.15 944.16 944.17
944.18 944.19 944.20 944.21 944.22 944.23 944.24 944.25 944.26 944.27 944.28 944.29 944.30 945.1 945.2 945.3 945.4 945.5 945.6 945.7 945.8 945.9 945.10
945.11
945.12 945.13 945.14 945.15 945.16 945.17
945.18 945.19 945.20 945.21 945.22 945.23 945.24 945.25
945.26 945.27 945.28 945.29 945.30 945.31 946.1 946.2 946.3 946.4 946.5 946.6 946.7 946.8 946.9 946.10 946.11 946.12 946.13 946.14 946.15 946.16 946.17 946.18 946.19 946.20 946.21 946.22 946.23 946.24 946.25 946.26 946.27 946.28 946.29 946.30 946.31 946.32 947.1 947.2 947.3 947.4 947.5 947.6 947.7 947.8 947.9 947.10 947.11 947.12 947.13 947.14 947.15 947.16 947.17 947.18 947.19 947.20 947.21 947.22 947.23 947.24 947.25 947.26 947.27 947.28 947.29 947.30 947.31 947.32 947.33 948.1 948.2 948.3 948.4 948.5 948.6 948.7 948.8 948.9 948.10 948.11 948.12 948.13 948.14 948.15 948.16 948.17 948.18 948.19 948.20 948.21 948.22 948.23 948.24 948.25 948.26 948.27 948.28 948.29 948.30 948.31 948.32 948.33 948.34
949.1
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949.12
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949.29 949.30 949.31 950.1 950.2 950.3 950.4 950.5 950.6 950.7 950.8
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973.31 974.1
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977.29 978.1
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CONFERENCE COMMITTEE REPORT ON S.F. No. 3656
A bill for an act
relating to state government; appropriating money for agriculture, rural
development, housing, state government, public safety, transportation, environment,
natural resources, energy, jobs, economic development, higher education,
prekindergarten through grade 12 education, health, and human services; modifying
agriculture, rural development, and housing provisions; specifying conditions of
legislative ratification of proposed collective bargaining agreements; requiring
proposed changes to state employee group insurance to be submitted separately
to Legislative Coordinating Commission; requiring certain information about
collective bargaining agreements and compensation plans be submitted to
Legislative Coordinating Commission; creating transition period for Legislative
Budget Office to take responsibility for coordinating fiscal notes and local impact
notes; establishing Legislative Budget Office Oversight Commission; modifying
the effective date of certain provisions governing preparation of fiscal notes;
abolishing Office of MN.IT Services; establishing division of information
technology within Department of Administration; permitting agencies more
flexibility in contracting for information technology projects; requiring agencies
to determine impact of proposed rule on cost of residential construction or
remodeling; requiring notice to applicable legislative committees; precluding
adoption of residential construction rules having certain cost until after next
legislative session; exempting hair braiders from cosmetology registration
requirements; prohibiting exclusive representative from charging fair share fee to
nonmembers; investigating possible registration or voting by ineligible voters and
reporting to law enforcement; increasing penalties for child pornography offenses;
requiring reports on court-imposed stays of sentence or adjudication for sex
offenses; restricting grounds that permit reunification of parents and children after
parent sexually abuses child; increasing maximum penalty for certain invasion of
privacy crimes involving minors; requiring predatory offender registration for
certain invasion of privacy crimes involving minors; requiring collection of
information on connection between pornography and sex trafficking; expanding
authorized prostitution penalty assessment to include additional crimes; expanding
criminal sexual conduct offenses for persons in current or recent positions of
authority over juveniles and for peace officers who engage in sexual activity with
those in custody; extending sunset date for court technology fund; expanding list
of prior offenses that support a conviction of first-degree driving while impaired;
prohibiting Department of Human Rights from using federal funds to expand
program; modifying various provisions governing transportation and public safety
policy and finance; modifying certain loan programs; modifying energy provisions;
modifying environment and natural resources provisions; adding to and deleting
from state parks, recreation areas, and forests; modifying drainage law; creating
accounts; providing for disposition of certain receipts; modifying renewable
development account utility annual contribution; modifying solar energy incentive
program; establishing pension rate base; establishing criteria for utility cost recovery
of energy storage system pilot projects; establishing utility stakeholder group;
requiring investor-owned utilities to include in integrated resource plans an
assessment of energy storage systems; establishing solar energy grant program for
school districts; extending expiration date for an assessment; requiring creation of
an excavation notice system contact information database; requiring cost-benefit
analysis of energy storage systems; modifying job training program requirements;
limiting use of funds in Douglas J. Johnson economic protection trust fund;
modifying youth skills training program; modifying accessibility requirements for
public buildings; modifying fees for manufactured home installers; adopting
recommendations of Workers' Compensation Advisory Council; adjusting basis
for determining salary for judges of Workers' Compensation Court of Appeals;
adopting recommendations of Unemployment Insurance Advisory Council;
modifying certain higher education policy provisions; making clarifying and
technical changes to loan forgiveness and research grant programs; providing for
school safety, general education, education excellence, teachers, special education,
facilities and technology, libraries, early education, and state agencies; making
forecast adjustments; modifying provisions governing children and families,
licensing, state-operated services, chemical and mental health, community supports
and continuing care, and health care; modifying Department of Human Services
administrative funds transfer; establishing Minnesota Health Policy Commission;
repealing preferred incontinence program in medical assistance; increasing
reimbursement rates for doula services; modifying telemedicine service limits;
modifying EPSDT screening payments; modifying capitation payment delay;
modifying provisions relating to wells and borings; adding security screening
systems to ionizing radiation-producing equipment regulation; authorizing statewide
tobacco cessation services; establishing an opioid reduction pilot program;
establishing a low-value health services study; requiring coverage of 3D
mammograms; requiring disclosure of facility fees; establishing a step therapy
override process; requiring the synchronization of prescription refills; prohibiting
a health plan company from preventing a pharmacist from informing a patient of
a price differential; converting allied health professionals to a birth month renewal
cycle; modifying temporary license suspensions and background checks for
health-related professions; requiring a prescriber to access the prescription
monitoring program before prescribing certain controlled substances; authorizing
the Board of Pharmacy to impose a fee from a prescriber or pharmacist accessing
prescription monitoring data through a service offered by the board's vendor;
requiring administrative changes at the Office of Health Facility Complaints;
providing access to information and data sharing; making technical changes;
requiring rulemaking; requiring reports; amending Minnesota Statutes 2016,
sections 3.3005, subdivision 8; 3.855, subdivisions 1a, 2, by adding a subdivision;
10A.01, subdivision 35; 13.64, by adding a subdivision; 16A.103, subdivisions 1,
1b, by adding a subdivision; 16A.88, subdivision 2; 16A.97; 16E.01, subdivision
1; 16E.015, by adding a subdivision; 16E.016; 16E.02; 16E.055; 16E.14; 16E.18,
subdivisions 4, 6; 16E.21, subdivision 3; 17.117, subdivisions 1, 4; 17.494; 17.4982,
by adding subdivisions; 18.83, subdivision 7; 18C.425, subdivision 6; 18C.80,
subdivision 2; 21.89, subdivision 2; 41A.16, subdivisions 1, 2; 41A.17, subdivision
1; 62A.30, by adding a subdivision; 62D.115, subdivision 4; 80E.13; 84.0895,
subdivision 2; 84.86, subdivision 1; 86B.005, subdivision 8a; 86B.532, subdivision
1; 88.10, by adding a subdivision; 88.75, subdivision 1; 89.551; 92.50, by adding
a subdivision; 94.10, subdivision 2; 97A.051, subdivision 2; 97A.433, subdivisions
4, 5; 97B.015, subdivision 6; 97B.1055; 97C.345, subdivision 3a; 103B.3369,
subdivisions 5, 9; 103B.801, subdivisions 2, 5; 103E.021, subdivision 6; 103E.071;
103E.351, subdivision 1; 103F.361, subdivision 2; 103F.363, subdivision 1;
103F.365, by adding a subdivision; 103F.371; 103F.373, subdivisions 1, 3, 4;
103G.2242, subdivision 14; 103H.275, subdivision 1; 103I.205, subdivision 9;
103I.301, subdivision 6; 114D.15, subdivisions 7, 11, 13, by adding subdivisions;
114D.20, subdivisions 2, 3, 5, 7, by adding subdivisions; 114D.26; 114D.35,
subdivisions 1, 3; 115.03, subdivision 5, by adding a subdivision; 115.035;
115A.51; 115A.94, subdivisions 2, 4a, 4b, 4c, 4d, 5, by adding subdivisions;
116.07, subdivision 2, by adding a subdivision; 116.155, subdivision 1, by adding
a subdivision; 116.993, subdivisions 2, 6; 116J.8747, subdivisions 2, 4; 119B.011,
subdivision 19, by adding a subdivision; 119B.02, subdivision 7; 119B.03,
subdivision 9; 120A.20, subdivision 2; 122A.63, subdivisions 1, 4, 5, 6, by adding
a subdivision; 123B.595, by adding a subdivision; 123B.61; 124D.09, subdivisions
4, 22; 124D.151, subdivisions 2, 3; 124E.20, subdivision 1; 125B.26, subdivision
4, by adding a subdivision; 126C.10, subdivisions 2e, 24; 126C.17, subdivisions
1, 2, 5, 6, 7, 7a; 126C.40, subdivision 1; 126C.44; 127A.70, subdivision 2; 135A.15,
subdivision 2; 136A.15, subdivision 8; 136A.16, subdivisions 1, 2, 5, 8, 9;
136A.162; 136A.1701, subdivision 7; 136A.1791, subdivision 8; 136A.1795,
subdivision 2; 136A.64, subdivision 1; 136A.822, subdivision 10; 136A.901,
subdivision 1; 144.121, subdivision 1a, by adding a subdivision; 144A.53,
subdivision 2; 147.012; 147.02, by adding a subdivision; 147A.06; 147A.07;
147B.02, subdivision 9, by adding a subdivision; 147C.15, subdivision 7, by adding
a subdivision; 147D.17, subdivision 6, by adding a subdivision; 147D.27, by adding
a subdivision; 147E.15, subdivision 5, by adding a subdivision; 147E.40,
subdivision 1; 147F.07, subdivision 5, by adding subdivisions; 147F.17, subdivision
1; 148.7815, subdivision 1; 151.065, by adding a subdivision; 151.214; 151.71,
by adding a subdivision; 152.126, subdivisions 6, 10; 155A.25, subdivision 1a;
155A.28, by adding a subdivision; 161.088, subdivision 2; 161.115, subdivision
111; 161.14, by adding subdivisions; 161.32, subdivision 2; 168.013, subdivision
6; 168.101, subdivision 2a; 168.127, subdivisions 4, 6; 168.27, by adding
subdivisions; 168.301, subdivision 3; 168.326; 168.33, subdivision 8a, by adding
a subdivision; 168.346, subdivision 1; 168A.05, by adding a subdivision; 168A.12,
subdivision 2; 168A.151, subdivision 1; 168A.17, by adding a subdivision;
168A.29, subdivision 1; 169.011, subdivision 60; 169.14, subdivision 5; 169.18,
subdivisions 10, 11, 12; 169.20, by adding a subdivision; 169.26, subdivision 1;
169.28; 169.29; 169.71, subdivision 4; 169.81, subdivision 5, by adding a
subdivision; 169.8261, subdivision 2; 169.92, subdivision 4; 169.974, subdivision
2; 169A.24, subdivision 1; 171.041; 171.16, subdivisions 2, 3; 171.18, subdivision
1; 174.12, subdivision 8; 174.37, subdivision 6; 174.66; 175A.05; 176.231,
subdivision 9; 179A.06, subdivision 3; 201.022, by adding subdivisions; 205A.07,
subdivision 2; 214.075, subdivisions 1, 4, 5, 6; 214.077; 214.10, subdivision 8;
216B.16, by adding a subdivision; 216B.1641; 216B.1645, by adding a subdivision;
216B.2422, subdivision 1, by adding a subdivision; 216D.03, by adding a
subdivision; 216G.01, subdivision 3; 221.031, subdivision 2d; 221.0314,
subdivision 9; 221.036, subdivisions 1, 3; 221.122, subdivision 1; 221.161,
subdivision 1, by adding a subdivision; 221.171, subdivision 1; 243.166, subdivision
1b; 244.052, subdivision 4; 245.4889, by adding a subdivision; 245A.175; 245C.14;
245C.15, by adding a subdivision; 245C.22, by adding a subdivision; 245C.24,
by adding a subdivision; 245D.071, subdivision 5; 245D.091, subdivisions 2, 3,
4; 254A.035, subdivision 2; 254B.02, subdivision 1; 254B.06, subdivision 1;
256.01, subdivision 14b, by adding a subdivision; 256B.04, subdivision 14;
256B.0625, subdivision 58, by adding subdivisions; 256B.0659, subdivisions 3a,
11, 21, 24, 28, by adding a subdivision; 256B.0915, subdivision 6; 256B.092,
subdivisions 1b, 1g; 256B.093, subdivision 1; 256B.4914, subdivision 4; 256I.04,
by adding subdivisions; 256K.45, subdivision 2; 256M.41, subdivision 3, by adding
a subdivision; 256N.24, by adding a subdivision; 260.012; 260.835, subdivision
2; 268.035, subdivisions 4, 12; 268.044, subdivisions 2, 3; 268.047, subdivision
3; 268.051, subdivisions 2a, 3; 268.053, subdivision 1; 268.057, subdivision 5;
268.059; 268.066; 268.067; 268.069, subdivision 1; 268.085, subdivisions 3, 3a;
268.095, subdivision 6a; 268.105, subdivision 6; 268.145, subdivision 1; 299A.01,
by adding a subdivision; 299A.705; 299A.707, by adding a subdivision; 299A.785,
subdivision 1; 326B.106, subdivision 9; 326B.815, subdivision 1; 327.31, by
adding a subdivision; 327B.041; 327C.095, subdivisions 4, 6, 12, 13, by adding
a subdivision; 349A.05; 357.021, subdivision 2b; 360.013, by adding a subdivision;
360.017, subdivision 1; 360.021, subdivision 1; 360.062; 360.063, subdivisions
1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1;
360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, subdivision
6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, subdivision 3;
462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, subdivision
9, by adding a subdivision; 462A.05, subdivision 14b; 462A.33, subdivisions 1,
2; 462A.37, subdivisions 1, 2; 473.13, by adding subdivisions; 473.149, subdivision
3; 473.3994, by adding a subdivision; 473.606, subdivision 5; 473.8441, subdivision
4; 474A.02, by adding subdivisions; 474A.03, subdivision 1; 474A.04, subdivision
1a; 474A.047, subdivision 2; 474A.061, subdivisions 1, 2a, 2b, 2c, 4, by adding
subdivisions; 474A.062; 474A.091, subdivisions 1, 2, 3, 5, 6, by adding a
subdivision; 474A.131, subdivisions 1, 1b, 2; 474A.14; 475.58, subdivision 4;
574.26, subdivision 1a; 609.3241; 609.341, subdivision 10; 609.342, subdivision
1; 609.343, subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1; 609.746,
subdivision 1; 617.246, subdivisions 2, 3, 4, 7; 617.247, subdivisions 3, 4, 9;
626.556, by adding a subdivision; Minnesota Statutes 2017 Supplement, sections
3.8853, subdivisions 1, 2, by adding subdivisions; 3.972, subdivision 4; 3.98,
subdivisions 1, 4; 15A.083, subdivision 7; 16A.152, subdivision 2; 16E.0466,
subdivision 1; 18C.70, subdivision 5; 18C.71, subdivision 4; 84.01, subdivision
6; 84.925, subdivision 1; 84.9256, subdivision 1; 84D.03, subdivisions 3, 4;
84D.108, subdivisions 2b, 2c; 85.0146, subdivision 1; 89.17; 97A.075, subdivision
1; 103G.222, subdivision 3; 103G.2242, subdivision 1; 103I.005, subdivisions 2,
8a, 17a; 103I.205, subdivisions 1, 4; 103I.208, subdivision 1; 103I.235, subdivision
3; 103I.601, subdivision 4; 116.0714; 116C.779, subdivision 1; 116C.7792;
119B.011, subdivision 20; 119B.025, subdivision 1; 119B.06, subdivision 1;
119B.09, subdivision 1; 119B.095, subdivision 2; 119B.13, subdivision 1;
122A.187, by adding a subdivision; 123B.03, subdivision 1; 124D.151, subdivisions
5, 6; 124D.68, subdivision 2; 124E.03, subdivision 2; 136A.1275, subdivisions 2,
3; 136A.1789, subdivision 2; 136A.646; 136A.672, by adding a subdivision;
136A.822, subdivision 6; 136A.8295, by adding a subdivision; 147.01, subdivision
7; 147A.28; 147B.08; 147C.40; 152.105, subdivision 2; 161.088, subdivision 5;
168.013, subdivision 1a; 169.18, subdivision 7; 169.829, subdivision 4; 171.06,
subdivision 2; 175.46, subdivision 13; 216B.1691, subdivision 2f; 216B.241,
subdivision 1d; 216B.62, subdivision 3b; 245.4889, subdivision 1; 245A.03,
subdivision 7; 245A.06, subdivision 8; 245A.11, subdivision 2a; 245C.16,
subdivision 1; 245D.03, subdivision 1; 256B.0625, subdivisions 3b, 17; 256B.0911,
subdivisions 1a, 3a, 3f, 5; 256B.49, subdivision 13; 256B.4914, subdivisions 2,
3, 5, 10, 10a; 256I.03, subdivision 8; 256I.04, subdivision 2b; 256I.05, subdivision
3; 268.035, subdivisions 15, 20; 268.046, subdivision 1; 268.07, subdivision 1;
268.085, subdivision 13a; 268.095, subdivision 6; 268.18, subdivisions 2b, 5;
298.2215; 298.292, subdivision 2; 364.09; 462A.2035, subdivisions 1, 1b; 473.4051,
subdivision 2; 473.4485, subdivision 2; 475.59, subdivision 1; 477A.03, subdivision
2b; Laws 2010, chapter 361, article 4, section 78; Laws 2014, chapter 312, article
27, section 76; Laws 2015, First Special Session chapter 4, article 4, section 146,
as amended; Laws 2016, chapter 189, article 3, sections 3, subdivision 5; 48; Laws
2017, chapter 88, article 1, section 2, subdivisions 2, 4; Laws 2017, chapter 89,
article 1, section 2, subdivisions 18, 20, 29, 31, 32, 33, 34, 40; Laws 2017, chapter
94, article 1, sections 2, subdivisions 2, 3; 4, subdivision 5; 7, subdivision 7; 9;
Laws 2017, First Special Session chapter 1, article 4, section 31; Laws 2017, First
Special Session chapter 3, article 1, section 4, subdivisions 1, 2, 4; Laws 2017,
First Special Session chapter 4, article 1, section 10, subdivision 1; article 2,
sections 1; 3; 9; 58; Laws 2017, First Special Session chapter 5, article 1, section
19, subdivisions 2, 3, 4, 5, 6, 7, 9; article 2, sections 56; 57, subdivisions 2, 3, 4,
5, 6, 12, 21, 22, 23, 26, 34; article 4, section 12, subdivisions 2, as amended, 3, 4,
5; article 5, section 14, subdivisions 2, 3, 4; article 6, section 3, subdivisions 2, 3,
4; article 8, sections 9, subdivision 6; 10, subdivisions 5a, 6, 12; article 9, section
2, subdivision 2; article 10, section 6, subdivision 2; article 11, sections 9,
subdivision 2; 12; Laws 2017, First Special Session chapter 6, article 1, section
52; article 3, section 49; article 4, section 61; article 10, section 144; proposing
coding for new law in Minnesota Statutes, chapters 3; 11A; 14; 16A; 17; 62J; 62Q;
97A; 103B; 103F; 115; 115B; 116C; 120B; 123B; 124D; 136A; 144; 147A; 147B;
147C; 147D; 147E; 147F; 161; 168A; 176; 216C; 246; 256B; 260C; 299A; 327;
349A; 360; 383A; 609; repealing Minnesota Statutes 2016, sections 16A.98;
16E.145; 122A.63, subdivisions 7, 8; 126C.16, subdivisions 1, 3; 126C.17,
subdivision 9a; 136A.15, subdivisions 2, 7; 136A.1701, subdivision 12; 155A.28,
subdivisions 1, 3, 4; 168.013, subdivision 21; 214.075, subdivision 8; 221.161,
subdivisions 2, 3, 4; 256B.0625, subdivision 18b; 256B.0705; 268.053, subdivisions
4, 5; 349A.16; 360.063, subdivision 4; 360.065, subdivision 2; 360.066,
subdivisions 1a, 1b; Minnesota Statutes 2017 Supplement, section 256B.0625,
subdivision 31c; Laws 2008, chapter 368, article 1, section 21, subdivision 2; Laws
2016, chapter 189, article 25, section 62, subdivision 16; Laws 2017, First Special
Session chapter 4, article 2, section 59; Minnesota Rules, part 5600.0605, subparts
5, 8.
May 19, 2018
The Honorable Michelle L. Fischbach
President of the Senate
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
We, the undersigned conferees for S.F. No. 3656 report that we have agreed upon the
items in dispute and recommend as follows:
That the House recede from its amendments and that S.F. No. 3656 be further amended
as follows:
"ARTICLE 1
STATE GOVERNMENT APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS. |
new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2017, First Special Session chapter
4, article 1, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2018" and "2019" used in this article mean that
the appropriations listed under them are available for the fiscal year ending June 30, 2018,
or June 30, 2019, respectively.
new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2018 new text end | new text begin 2019 new text end | |||||
Sec. 2. new text begin LEGISLATURE | new text begin $ new text end | new text begin ....... new text end | new text begin $ new text end | new text begin 90,000 new text end | ||
new text begin $90,000 is from the general fund to the
Legislative Coordinating Commission for rent
payments for the Office of the Revisor of
Statutes. This is a onetime appropriation.
new text end
Sec. 3. new text begin STATE AUDITOR | new text begin $ new text end | new text begin ....... new text end | new text begin $ new text end | new text begin (269,094) new text end | ||
new text begin This is a general reduction to office operations.
The auditor may not reduce operations or
services related to public pensions. This is a
onetime reduction.
new text end
Sec. 4. new text begin SECRETARY OF STATE | new text begin $ new text end | new text begin ....... new text end | new text begin $ new text end | new text begin 1,534,000 new text end | ||
new text begin (a) $1,534,000 is appropriated in fiscal year
2019 from the account established in
Minnesota Statutes, section 5.30, pursuant to
the Help America Vote Act, to the secretary
of state for the purposes of modernizing,
securing, and updating the statewide voter
registration system and for cyber security
upgrades as authorized by federal law. This is
a onetime appropriation and is available until
June 30, 2022.
new text end
new text begin (b) $110,000 expended by the secretary of
state in fiscal year 2018 for increasing secure
access to the statewide voter registration
system was money appropriated for carrying
out the purposes authorized under the
Omnibus Appropriations Act of 2018, Public
Law 115-1410, and the Help America Vote
Act of 2002, Public Law 107-252, section 101,
and is deemed to be credited towards any
match required by those laws.
new text end
Sec. 5. new text begin MINNESOTA MANAGEMENT AND | new text begin $ new text end | new text begin 129,094 new text end | new text begin $ new text end | new text begin 140,000 new text end | ||
new text begin (a) $140,000 in fiscal year 2019 is from the
general fund for grants to reimburse the
documented litigation costs incurred by
counties in defending the constitutionality of
Minnesota Statutes, section 6.481, as enacted
in Laws 2015, chapter 77, article 2, section 3,
in Otto v. Wright County, et. al. (A16-1634).
The grants must be apportioned as follows:
new text end
new text begin (1) up to $70,000 is for a grant to Wright
County; and
new text end
new text begin (2) up to $70,000 is for a grant to Becker
County.
new text end
new text begin This is a onetime appropriation. The
commissioner must provide each grant upon
certification of the final litigation costs
incurred by the affected county, provided that
the total grant must not exceed the amounts
specified in this paragraph.
new text end
new text begin (b) Notwithstanding any provision of law to
the contrary, $129,094 in fiscal year 2018 is
from the general fund for a payment to the city
of Austin, for both its 2016 fire state aid
payment under Minnesota Statutes, section
69.021, subdivision 7, and its 2016
supplemental state aid payment under
Minnesota Statutes, section 423A.022, upon
certification by the city that the sum of the fire
state aid and the supplemental state aid that
the city transmitted to the Austin Parttime
Firefighters Relief Association in calendar
year 2015 to fund the volunteers firefighters'
service pensions met or exceeded the amount
required under the bylaws of that association.
Of these amounts:
new text end
new text begin (1) $103,892 is for the fire state aid; and
new text end
new text begin (2) $25,202 is for the supplemental state aid.
new text end
new text begin This is a onetime appropriation. The payment
required by this paragraph must be provided
no later than June 30, 2018.
new text end
Sec. 6. new text begin EFFECTIVE DATE.
new text end
new text begin This article is effective the day following final enactment.
new text end
ARTICLE 2
STATE GOVERNMENT OPERATIONS
Section 1.
Minnesota Statutes 2016, section 3.855, is amended by adding a subdivision
to read:
new text begin Subd. 5.new text end
new text begin Information required.new text end
new text begin The commissioner of management and budget must
submit to the Legislative Coordinating Commission the following information with the
submission of a collective bargaining agreement or compensation plan under subdivisions
2 and 3:
new text end
new text begin (1) for each agency and for each proposed agreement, a comparison of biennial
compensation costs under the current agreement or plan to the projected biennial
compensation costs under the proposed agreement or plan, paid with funds appropriated
from the general fund;
new text end
new text begin (2) for each agency and for each proposed agreement and plan, a comparison of biennial
compensation costs under the current agreement or plan to the projected compensation costs
under the proposed agreement or plan, paid with funds appropriated from each fund other
than the general fund;
new text end
new text begin (3) for each agency and for each proposed agreement and plan, an identification of the
amount of the additional biennial compensation costs that are attributable to salary and
wages and to the cost of nonsalary and nonwage benefits; and
new text end
new text begin (4) for each agency, for each of clauses (1) to (3), the impact of the aggregate of all
agreements and plans being submitted to the commission.
new text end
Sec. 2.
new text begin [5.42] DISPLAY OF BUSINESS ADDRESS ON WEB SITE.
new text end
new text begin (a) A business entity may request in writing that all addresses submitted by the business
entity to the secretary of state be omitted from display on the secretary of state's Web site.
A business entity may only request that all addresses be omitted from display if the entity
certifies that:
new text end
new text begin (1) there is only one shareholder, member, manager, or owner of the business entity;
new text end
new text begin (2) the shareholder, manager, member, or owner is a natural person; and
new text end
new text begin (3) at least one of the addresses provided is the residential address of the sole shareholder,
manager, member, or owner.
new text end
new text begin The secretary of state shall post a notice that this option is available and a link to the form
needed to make a request on the secretary's Web site. The secretary of state shall also attach
a copy of the request form to all business filing forms provided in a paper format that require
a business entity to submit an address.
new text end
new text begin (b) This section does not change the classification of data under chapter 13 and addresses
shall be made available to the public in response to requests made by telephone, mail,
electronic mail, and facsimile transmission.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to business
entity filings filed with the secretary of state on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2017 Supplement, section 6.481, subdivision 3, is amended to
read:
Subd. 3.
CPA firm audit.
new text begin (a) new text end A county audit performed by a CPA firm must meet the
standards and be in a form meeting recognized industry auditing standards. The state auditor
may require additional information from the CPA firm if the state auditor determines that
is in the public interest, but the state auditor must accept the audit unless the state auditor
determines the audit or its form does not meet recognized industry auditing standards. The
state auditor may make additional examinations as the auditor determines to be in the public
interest.
new text begin (b) When the state auditor requires additional information from the CPA firm or makes
additional examinations that the state auditor determines to be in the public interest, the
state auditor must afford counties and CPA firms an opportunity to respond to potential
findings, conclusions, or questions, as follows:
new text end
new text begin (1) at least 30 days before beginning a review for work performed by a certified public
accountant firm licensed in chapter 326A, the state auditor must notify the county and CPA
firm that the state auditor will be conducting a review and must identify the type and scope
of review the state auditor will perform;
new text end
new text begin (2) throughout the state auditor's review, the auditor shall allow the county and the CPA
firm at least 30 days to respond to any request by the auditor for documents or other
information;
new text end
new text begin (3) the state auditor must provide the CPA firm with a draft report of the state auditor's
findings at least 30 days before issuing a final report;
new text end
new text begin (4) at least 20 days before issuing a final report, the state auditor must hold a formal exit
conference with the CPA firm to discuss the findings in the state auditor's draft report;
new text end
new text begin (5) the state auditor shall make changes to the draft report that are warranted as a result
of information provided by the CPA firm during the state auditor's review; and
new text end
new text begin (6) the state auditor's final report must include any written responses provided by the
CPA firm.
new text end
Sec. 4.
Minnesota Statutes 2016, section 13.072, subdivision 1, is amended to read:
Subdivision 1.
Opinion; when required.
(a) Upon request of a government entitynew text begin or a
member of the legislaturenew text end , the commissioner deleted text begin maydeleted text end new text begin mustnew text end give a written opinion on any question
relating to deleted text begin publicdeleted text end new text begin the requirements of this chapter, including questions aboutnew text end access to
government datanew text begin by a member of the public or another government entitynew text end ,new text begin thenew text end rights of
subjects of data, or new text begin the new text end classification of data under this chapter or other Minnesota statutes
governing government data practices. Upon request of any person who disagrees with a
determination regarding data practices made by a government entity, the commissioner deleted text begin maydeleted text end new text begin
mustnew text end give a written opinion regarding the person's rights as a subject of government data
or right to have access to government data.
(b) Upon request of a body subject to chapter 13Dnew text begin or a member of the legislaturenew text end , the
commissioner deleted text begin maydeleted text end new text begin mustnew text end give a written opinion on any question relating to the deleted text begin body's duties
underdeleted text end new text begin requirements ofnew text end chapter 13D. Upon request of a person who disagrees with the manner
in which members of a governing body perform their duties under chapter 13D, the
commissioner deleted text begin maydeleted text end new text begin mustnew text end give a written opinion on compliance with chapter 13D. A governing
body or person requesting an opinion under this paragraph must pay the commissioner a
fee of $200. Money received by the commissioner under this paragraph is appropriated to
the commissioner for the purposes of this section.
deleted text begin (c) If the commissioner determines that no opinion will be issued, the commissioner
shall give the government entity or body subject to chapter 13D or person requesting the
opinion notice of the decision not to issue the opinion within five business days of receipt
deleted text end deleted text begin of the request. If this notice is not given, the commissioner shall issue an opinion within 20
days of receipt of the request.
deleted text end
deleted text begin (d)deleted text end new text begin (c) The commissioner shall issue an opinion under this subdivision within 20 days
of receipt of the request. new text end For good cause and upon written notice to the person requesting
the opinion, the commissioner may extend this deadline for one additional 30-day period.
The notice must state the reason for extending the deadline. The government entity or the
members of a body subject tonew text begin this chapter ornew text end chapter 13D must be provided a reasonable
opportunity to explain the reasons for its decision regarding the data or how they perform
their duties deleted text begin under chapter 13Ddeleted text end . The commissioner or the government entity or body subject
to chapter 13D may choose to give notice to the subject of the data concerning the dispute
regarding the data or compliance withnew text begin this chapter ornew text end chapter 13D.
deleted text begin (e)deleted text end new text begin (d)new text end This section does not apply to a determination made by the commissioner of
health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.
deleted text begin (f)deleted text end new text begin (e)new text end A written, numbered, and published opinion issued by the attorney general shall
take precedence over an opinion issued by the commissioner under this section.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment and
applies to requests for opinions submitted on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2016, section 16A.013, is amended by adding a subdivision to
read:
new text begin Subd. 1a.new text end
new text begin Opportunity to make gifts via Web site.new text end
new text begin The commissioner of management
and budget must maintain a secure Web site which permits any person to make a gift of
money electronically for any purpose authorized by subdivision 1. Gifts made using the
Web site are subject to all other requirements of this section, sections 16A.014 to 16A.016,
and any other applicable law governing the receipt of gifts by the state and the purposes for
which a gift may be used. The Web site must include historical data on the total amount of
gifts received using the site, itemized by month.
new text end
Sec. 6.
Minnesota Statutes 2017 Supplement, section 16A.152, subdivision 2, is amended
to read:
Subd. 2.
Additional revenues; priority.
(a) If on the basis of a forecast of general fund
revenues and expenditures, the commissioner of management and budget determines that
there will be a positive unrestricted budgetary general fund balance at the close of the
biennium, the commissioner of management and budget must allocate money to the following
accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until that account reaches
$350,000,000;
(2) the budget reserve account established in subdivision 1a until that account reaches
$1,596,522,000;
(3) the amount necessary to increase the aid payment schedule for school district aids
and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest
tenth of a percent without exceeding the amount available and with any remaining funds
deposited in the budget reserve;new text begin and
new text end
(4) the amount necessary to restore all or a portion of the net aid reductions under section
127A.441 and to reduce the property tax revenue recognition shift under section 123B.75,
subdivision 5, by the same amountdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin (5) the clean water fund established in section 114D.50 until $22,000,000 has been
transferred into the fund.
deleted text end
(b) The amounts necessary to meet the requirements of this section are appropriated
from the general fund within two weeks after the forecast is released or, in the case of
transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations
schedules otherwise established in statute.
(c) The commissioner of management and budget shall certify the total dollar amount
of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education.
The commissioner of education shall increase the aid payment percentage and reduce the
property tax shift percentage by these amounts and apply those reductions to the current
fiscal year and thereafter.
deleted text begin (d) Paragraph (a), clause (5), expires after the entire amount of the transfer has been
made.
deleted text end
Sec. 7.
new text begin [16E.031] STATE AND LOCAL GOVERNMENT USER ACCEPTANCE
TESTING.
new text end
new text begin (a) Any state agency implementing a new information technology business software
application or new business software application functionality that significantly impacts
the operations of local units of government must provide opportunities for local government
representative involvement in user acceptance testing, unless the testing is deemed not
feasible or necessary by the relevant agency commissioner, in consultation with
representatives of local units of government and the chief information officer.
new text end
new text begin (b) The requirements in paragraph (a) only apply to new software applications and new
software application functionality where local units of government will be primary users,
as determined by the relevant agency head in consultation with representatives of local units
of government and the chief information officer. The requirements in paragraph (a) do not
apply to routine software upgrades or application changes that are primarily intended to
comply with federal law, rules, or regulations.
new text end
new text begin (c) School districts are not local units of government for the purposes of this section.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018, and applies to business
software application projects initiated on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2016, section 155A.25, subdivision 1a, is amended to read:
Subd. 1a.
Schedule.
(a) The schedule for fees and penalties is as provided in this
subdivision.
(b) Three-year license fees are as follows:
(1) $195 initial practitioner, manager, or instructor license, divided as follows:
(i) $155 for each initial license; and
(ii) $40 for each initial license application fee;
(2) $115 renewal of practitioner license, divided as follows:
(i) $100 for each renewal license; and
(ii) $15 for each renewal application fee;
(3) $145 renewal of manager or instructor license, divided as follows:
(i) $130 for each renewal license; and
(ii) $15 for each renewal application fee;
(4) $350 initial salon license, divided as follows:
(i) $250 for each initial license; and
(ii) $100 for each initial license application fee;
(5) $225 renewal of salon license, divided as follows:
(i) $175 for each renewal; and
(ii) $50 for each renewal application fee;
(6) $4,000 initial school license, divided as follows:
(i) $3,000 for each initial license; and
(ii) $1,000 for each initial license application fee; and
(7) $2,500 renewal of school license, divided as follows:
(i) $2,000 for each renewal; and
(ii) $500 for each renewal application fee.
(c) Penalties may be assessed in amounts up to the following:
(1) reinspection fee, $150;
(2) manager and owner with expired practitioner found on inspection, $150 each;
(3) expired practitioner or instructor found on inspection, $200;
(4) expired salon found on inspection, $500;
(5) expired school found on inspection, $1,000;
(6) failure to display current license, $100;
(7) failure to dispose of single-use equipment, implements, or materials as provided
under section 155A.355, subdivision 1, $500;
(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,
subdivision 2, $500;
(9) performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon, $500;
(10) owner and manager allowing an operator to work as an independent contractor,
$200;
(11) operator working as an independent contractor, $100;
(12) refusal or failure to cooperate with an inspection, $500;
(13) practitioner late renewal fee, $45; and
(14) salon or school late renewal fee, $50.
(d) Administrative fees are as follows:
(1) homebound service permit, $50 three-year fee;
(2) name change, $20;
(3) certification of licensure, $30 each;
(4) duplicate license, $20;
(5) special event permit, $75 per year;
deleted text begin (6) registration of hair braiders, $20 per year;
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end $100 for each temporary military license for a cosmetologist, nail technician,
esthetician, or advanced practice esthetician one-year fee;
deleted text begin (8)deleted text end new text begin (7)new text end expedited initial individual license, $150;
deleted text begin (9)deleted text end new text begin (8)new text end expedited initial salon license, $300;
deleted text begin (10)deleted text end new text begin (9)new text end instructor continuing education provider approval, $150 each year; and
deleted text begin (11)deleted text end new text begin (10)new text end practitioner continuing education provider approval, $150 each year.
Sec. 9.
Minnesota Statutes 2016, section 155A.28, is amended by adding a subdivision to
read:
new text begin Subd. 5.new text end
new text begin Hair braiders exempt. new text end
new text begin The practice of hair braiding is exempt from the
requirements of this chapter.
new text end
Sec. 10.
Minnesota Statutes 2016, section 201.022, is amended by adding a subdivision
to read:
new text begin Subd. 4.new text end
new text begin Voter records updated due to voting report.new text end
new text begin No later than eight weeks after
the election, the county auditor must use the statewide voter registration system to produce
a report that identifies each voter whose record indicates that it was updated due to voting.
The county auditor must investigate each record that is challenged for a reason related to
eligibility to determine if the voter appears to have been ineligible to vote. If the county
auditor determines that a voter appears to have been ineligible to vote and either registered
to vote or voted in the previous election, the county auditor must notify the law enforcement
agency or the county attorney as provided in section 201.275.
new text end
Sec. 11.
Minnesota Statutes 2016, section 201.022, is amended by adding a subdivision
to read:
new text begin Subd. 5.new text end
new text begin Inactive voter report.new text end
new text begin By November 6, 2018, the secretary of state must develop
a report within the statewide voter registration system that provides information on inactive
voters who registered on election day and were possibly ineligible. For elections on or after
November 6, 2018, no later than eight weeks after the election, the county auditor must use
the statewide voter registration system to produce the report. The county auditor must
investigate each record to determine if the voter appears to have been ineligible to vote. If
the county auditor determines that a voter appears to have been ineligible to vote and
registered to vote in the previous election, the county auditor must notify the law enforcement
agency or the county attorney as provided in section 201.275.
new text end
Sec. 12.
Minnesota Statutes 2016, section 240.01, is amended by adding a subdivision to
read:
new text begin Subd. 18a.new text end
new text begin Racing or gaming-related vendor.new text end
new text begin "Racing or gaming-related vendor"
means any person or entity that manufactures, sells, provides, distributes, repairs, or maintains
equipment or supplies used at a Class A facility or provides services to a Class A facility
or Class B license holder that are directly related to the running of a horse race, simulcasting,
pari-mutuel betting, or card playing.
new text end
Sec. 13.
Minnesota Statutes 2016, section 240.02, subdivision 6, is amended to read:
Subd. 6.
Annual report.
The commission shall on February 15 of each new text begin odd-numbered
new text end year submit a report to the governor and legislature on its activities, organizational structure,
receipts and disbursements, and recommendations for changes in the laws relating to racing
and pari-mutuel betting.
Sec. 14.
Minnesota Statutes 2016, section 240.08, subdivision 5, is amended to read:
Subd. 5.
Revocation and suspension.
(a) The commission may revoke a class C license
for a violation of law or rule which in the commission's opinion adversely affects the integrity
of horse racing in Minnesota, the public health, welfare, or safety, or for an intentional false
statement made in a license application.
The commission may suspend a class C license for up to one year for a violation of law,
order or rule.
The commission may delegate to its designated agents the authority to impose suspensions
of class C licenses, and the revocation or suspension of a class C license may be appealed
to the commission according to its rules.
(b) deleted text begin A license revocation or suspensiondeleted text end new text begin If the commission revokes or suspends a licensenew text end
for more than deleted text begin 90deleted text end new text begin 180new text end days deleted text begin isdeleted text end new text begin , in lieu of appealing to the commission under paragraph (a),
the license holder has the right to requestnew text end a contested case new text begin hearing new text end under deleted text begin sections 14.57 to
14.69 of the Administrative Procedure Act and is in addition to criminal penalties imposed
for a violation of law or rule.deleted text end new text begin chapter 14. The request must be made in writing to the
commission by certified mail or personal service. A request sent by certified mail must be
postmarked within ten days after the license holder receives the revocation or suspension
order from the commission. A request sent by personal service must be received by the
commission within ten days after the license holder receives the revocation or suspension
order from the commission.new text end The commission may summarily suspend a license for deleted text begin more
thandeleted text end new text begin up tonew text end 90 days deleted text begin prior to a contested case hearingdeleted text end where it is necessary to ensure the
integrity of racing or to protect the public health, welfare, or safety. new text begin The license holder may
appeal a summary suspension by making a written request to the commission within five
calendar days after the license holder receives notice of the summary suspension. new text end A deleted text begin contested
casedeleted text end hearing must be held within deleted text begin 30deleted text end new text begin tennew text end days of the new text begin commission's receipt of the request for
appeal of a new text end summary suspension deleted text begin and the administrative law judge's report must be issued
within 30 days from the close of the hearing record. In all cases involving summary
suspension the commission must issue its final decision within 30 days from receipt of the
report of the administrative law judge and subsequent exceptions and argument under section
14.61.deleted text end new text begin to determine whether the license should remain suspended pending a final disciplinary
action.
new text end
Sec. 15.
Minnesota Statutes 2016, section 240.131, subdivision 7, is amended to read:
Subd. 7.
Payments to state.
(a) A regulatory fee is imposed at the rate of one percent
of all amounts wagered by Minnesota residents with an authorized advance deposit wagering
provider. The fee shall be declared on a form prescribed by the commission. The ADW
provider must pay the fee to the commission no more than deleted text begin sevendeleted text end new text begin 15new text end days after the end of
the month in which the wager was made. Fees collected under this paragraph must be
deposited in the state treasury and credited to a racing and card-playing regulation account
in the special revenue fund and are appropriated to the commission to offset the costs
associated with regulating horse racing and pari-mutuel wagering in Minnesota.
(b) A breeders fund fee is imposed in the amount of one-quarter of one percent of all
amounts wagered by Minnesota residents with an authorized advance deposit wagering
provider. The fee shall be declared on a form prescribed by the commission. The ADW
provider must pay the fee to the commission no more than deleted text begin sevendeleted text end new text begin 15new text end days after the end of
the month in which the wager was made. Fees collected under this paragraph must be
deposited in the state treasury and credited to a racing and card-playing regulation account
in the special revenue fund and are appropriated to the commission to offset the cost of
administering the breeders fund and promote horse breeding in Minnesota.
Sec. 16.
Minnesota Statutes 2016, section 240.22, is amended to read:
240.22 FINES.
(a) The commission shall by rule establish a schedule of civil fines for violations of laws
related to horse racing or of the commission's rules. The schedule must be based on and
reflect the culpability, frequency and severity of the violator's actions. The commission may
impose a fine from this schedule on a licensee for a violation of those rules or laws relating
to horse racing. The fine is in addition to any criminal penalty imposed for the same violation.
Fines imposed by the commission must be paid to the commission and except as provided
in paragraph (c), forwarded to the commissioner of management and budget for deposit in
the state treasury and credited to a racing and card-playing regulation account in the special
revenue fund and appropriated to the commission new text begin to distribute in the form of grants, contracts,
or expenditures new text end to support racehorse adoption, retirement, and repurposing.
(b) If the commission issues a fine in excess of $5,000, the license holder has the right
to request a contested case hearing under chapter 14, to be held as set forth in Minnesota
Rules, chapter 1400. The appeal of a fine must be made in writing to the commission by
certified mail or personal service. An appeal sent by certified mail must be postmarked
within ten days after the license holder receives the fine order from the commission. An
appeal sent by personal service must be received by the commission within ten days after
the license holder receives the fine order from the commission.
(c) If the commission is the prevailing party in a contested case proceeding, the
commission may recover, from amounts to be forwarded under paragraph (a), reasonable
attorney fees and costs associated with the contested case.
Sec. 17.
Minnesota Statutes 2016, section 270C.13, subdivision 1, is amended to read:
Subdivision 1.
Biennial report.
The commissioner shall report to the legislature by
March 1 of each odd-numbered year on the overall incidence of the income tax, sales and
excise taxes, and property tax. The report shall present information on the distribution of
the tax burden as follows: (1) for the overall income distribution, using a systemwide
incidence measure such as the Suits index or other appropriate measures of equality and
inequality; (2) by income classes, including at a minimum deciles of the income distribution;
and (3) by other appropriate taxpayer characteristics.new text begin The report must also include information
on the distribution of the burden of federal taxes borne by Minnesota residents.
new text end
Sec. 18.
Minnesota Statutes 2016, section 349A.06, subdivision 11, is amended to read:
Subd. 11.
Cancellation, suspension, and refusal to renew contracts or locations.
(a)
The director shall cancel the contract of any lottery retailer or prohibit a lottery retailer from
selling lottery tickets at a business location who:
(1) has been convicted of a felony or gross misdemeanor;
(2) has committed fraud, misrepresentation, or deceit;
(3) has provided false or misleading information to the lottery; or
(4) has acted in a manner prejudicial to public confidence in the integrity of the lottery.
(b) The director may cancel, suspend, or refuse to renew the contract of any lottery
retailer or prohibit a lottery retailer from selling lottery tickets at a business location who:
(1) changes business location;
(2) fails to account for lottery tickets received or the proceeds from tickets sold;
(3) fails to remit funds to the director in accordance with the director's rules;
(4) violates a law or a rule or order of the director;
(5) fails to comply with any of the terms in the lottery retailer's contract;
(6) fails to file a bond, securities, or a letter of credit as required under subdivision 3;
(7) in the opinion of the director fails to maintain a sufficient sales volume to justify
continuation as a lottery retailer; deleted text begin or
deleted text end
(8) has violated section 340A.503, subdivision 2, clause (1), two or more times within
a two-year periodnew text begin ; or
new text end
new text begin (9) has violated the rules adopted pursuant to subdivision 6, clause (1), requiring a lottery
retailer to retain appropriate amounts from gross receipts from the sale of lottery tickets in
order to pay prizes to holders of winning tickets, three or more times within a one-year
periodnew text end .
(c) The director may also cancel, suspend, or refuse to renew a lottery retailer's contract
or prohibit a lottery retailer from selling lottery tickets at a business location if there is a
material change in any of the factors considered by the director under subdivision 2.
(d) A contract cancellation, suspension, refusal to renew, or prohibiting a lottery retailer
from selling lottery tickets at a business location under this subdivision is a contested case
under sections 14.57 to 14.69 and is in addition to any criminal penalties provided for a
violation of law or rule.
(e) The director may temporarily suspend a contract or temporarily prohibit a lottery
retailer from selling lottery tickets at a business location without notice for any of the reasons
specified in this subdivision provided that a hearing is conducted within seven days after a
request for a hearing is made by a lottery retailer. Within 20 days after receiving the
administrative law judge's report, the director shall issue an order vacating the temporary
suspension or prohibition or making any other appropriate order. If no hearing is requested
within 30 days of the temporary suspension or prohibition taking effect, the suspension or
prohibition becomes permanent unless the director vacates or modifies the order.
new text begin (f) A lottery retailer whose contract was solely canceled, suspended, or not renewed
pursuant to paragraph (b), clause (9), may petition the director to reinstate a canceled or
suspended contract, or enter into a new contract, after two years have passed since the order
took effect.
new text end
Sec. 19. new text begin VALUATION OF PIPELINE OPERATING PROPERTY;
ADMINISTRATIVE RULES.
new text end
new text begin (a) No later than January 1, 2019, the commissioner of revenue must adopt amendments
to applicable administrative rules, including Minnesota Rules, part 8100.0300, related to
the valuation of pipeline operating property in Minnesota. The amendments must be designed
to improve the valuation methodology so that it produces a more accurate estimate of market
value. The commissioner must consider recent agreements, settlements, and judgments
related to state-assessed pipeline operating property valuations that resulted in an increase
or decrease in assessed market value in developing the amendments required by this section.
new text end
new text begin (b) The commissioner may use the expedited rulemaking process under Minnesota
Statutes, section 14.389, to adopt the rules required by this section.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 20. new text begin VALUATION METHOD OF PUBLIC UTILITY OPERATING PROPERTY;
REPORT.
new text end
new text begin (a) The commissioner of revenue shall prepare a report on the valuation of the operating
property of public utilities, as defined in Minnesota Statutes, section 216B.02, subdivision
4, in the state of Minnesota.
new text end
new text begin (b) The report must compile and explain, in detail, the number of state-assessed public
utility valuations that have been appealed in the last 20 years, the basis for the appeals, and
the extent to which the market value was increased or reduced, by agreement, settlement,
or judgment, and list and provide detail on the taxing jurisdictions that have been issued a
refund order in the last 20 years as a result of agreement, settlement, or judgment, including
the year and amount paid.
new text end
new text begin (c) The commissioner shall submit the report to the committees of the house of
representatives and senate having jurisdiction over taxes by December 1, 2018, and file the
report as required by Minnesota Statutes, section 3.195.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 21. new text begin NORDIC WORLD CUP SKI CHAMPIONSHIP.
new text end
new text begin (a) Upon request of U.S. Ski and Snowboard, The Loppet Foundation, or other affiliated
organization, the Minnesota Amateur Sports Commission must support the preparation and
submission of a competitive bid to host an International Ski Federation Nordic World Cup
Ski Championship event in Minnesota. If the event is awarded, the commission must partner
with the organizing committee as an event host. Commission activities may include but are
not limited to assisting in the development of public-private partnerships to support the
event; soliciting sponsors; participating in public outreach activities; permitting the
commission's facilities to be developed and used as event venues; and providing other
administrative, technical, logistical, or financial support, within available resources.
new text end
new text begin (b) Within 30 days after a bid is submitted and, if an event is awarded to Minnesota as
a host, within 30 days after receiving notice of the award, the commission must notify the
chairs and ranking minority members of the legislative committees with jurisdiction over
the commission. The notification must describe the commission's work in support of the
event and indicate whether the commission anticipates seeking supplemental state or local
funds or other public resources to continue that work.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment and
expires upon conclusion of a Nordic World Cup Ski Championship event hosted in
Minnesota.
new text end
Sec. 22. new text begin REPEALER.
new text end
new text begin Minnesota Statutes 2016, section 155A.28, subdivisions 1, 3, and 4,new text end new text begin are repealed effective
July 1, 2018.
new text end
ARTICLE 3
LEGISLATIVE BUDGET OFFICE
Section 1.
Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 1, is amended
to read:
Subdivision 1.
Establishment; duties.
The Legislative Budget Office is established
deleted text begin under control of the Legislative Coordinating Commissiondeleted text end to provide the house of
representatives and senate with nonpartisan, accurate, and timely information on the fiscal
impact of proposed legislation, without regard to political factors.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 2, is amended
to read:
Subd. 2.
new text begin Director; new text end staff.
The deleted text begin Legislative Coordinating Commissiondeleted text end new text begin Legislative Budget
Office Oversight Commissionnew text end must appoint a director deleted text begin whodeleted text end new text begin and establish the director's duties.
The director new text end may hire staff necessary to do the work of the office. The director servesnew text begin in
the unclassified service fornew text end a term of six years and may not be removed during a term except
for causenew text begin after a public hearingnew text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 3.
Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a
subdivision to read:
new text begin Subd. 3.new text end
new text begin Uniform standards and procedures.new text end
new text begin The director of the Legislative Budget
Office must adopt uniform standards and procedures governing the timely preparation of
fiscal notes as required by this section and section 3.98. The standards and procedures are
not effective until they are approved by the Legislative Budget Office Oversight Commission.
Upon approval, the standards and procedures must be published in the State Register and
on the office's Web site.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective September 1, 2019, except that the
uniform standards and procedures to be used may be developed and adopted by the oversight
commission prior to the effective date of this section.
new text end
Sec. 4.
Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a
subdivision to read:
new text begin Subd. 4.new text end
new text begin Access to data; treatment.new text end
new text begin Upon request of the director of the Legislative
Budget Office, the head or chief administrative officer of each department or agency of
state government, including the Supreme Court, must promptly supply data that are used
to prepare a fiscal note, including data that are not public data under section 13.64 or other
applicable law, unless there are federal laws or regulations that prohibit the provision of the
not public data for this purpose. Not public data supplied under this subdivision may only
be used by the Legislative Budget Office to review a department or agency's work in
preparing a fiscal note and may not be used or disseminated for any other purpose, including
use by or dissemination to a legislator or to any officer, department, agency, or committee
within the legislative branch. Violation of this subdivision by the director or other staff of
the Legislative Budget Office is cause for removal, suspension without pay, or immediate
dismissal at the direction of the oversight commission.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective September 1, 2019.
new text end
Sec. 5.
Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a
subdivision to read:
new text begin Subd. 5.new text end
new text begin Fiscal note delivery and posting.new text end
new text begin The director of the Legislative Budget Office
must deliver a completed fiscal note to the legislative committee chair who made the request,
and to the chief author of the legislation to which it relates. Within 24 hours of completion
of a fiscal note, the director of the Legislative Budget Office must post a completed fiscal
note on the office's public Web site. This subdivision does not apply to an unofficial fiscal
note that is not public data under section 13.64, subdivision 3.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective September 1, 2019.
new text end
Sec. 6.
new text begin [3.8854] LEGISLATIVE BUDGET OFFICE OVERSIGHT COMMISSION.
new text end
new text begin (a) The Legislative Budget Office Oversight Commission consists of:
new text end
new text begin (1) two members of the senate appointed by the senate majority leader;
new text end
new text begin (2) two members of the senate appointed by the senate minority leader;
new text end
new text begin (3) two members of the house of representatives appointed by the speaker of the house;
and
new text end
new text begin (4) two members of the house of representatives appointed by the minority leader.
new text end
new text begin The director of the Legislative Budget Office is the executive secretary of the commission.
The chief nonpartisan fiscal analyst of the house of representatives, the lead nonpartisan
fiscal analyst of the senate, the commissioner of management and budget or a designee, and
the legislative auditor are ex officio, nonvoting members of the commission.
new text end
new text begin (b) Members serve at the pleasure of the appointing authority, or until they are not
members of the legislative body from which they were appointed. Appointing authorities
shall fill vacancies on the commission within 30 days of a vacancy being created.
new text end
new text begin (c) The commission shall meet in January of each odd-numbered year to elect its chair
and vice-chair. They shall serve until successors are elected. The chair and vice-chair shall
alternate biennially between the senate and the house of representatives. The commission
shall meet at the call of the chair. The members shall serve without compensation but may
be reimbursed for their reasonable expenses consistent with the rules of the legislature
governing expense reimbursement.
new text end
new text begin (d) The commission shall review the work of the Legislative Budget Office and make
recommendations, as the commission determines necessary, to improve the office's ability
to fulfill its duties, and shall perform other functions as directed by this section, and sections
3.8853 and 3.98.
new text end
Sec. 7.
Minnesota Statutes 2017 Supplement, section 3.98, subdivision 1, is amended to
read:
Subdivision 1.
Preparation; duties.
(a) The head or chief administrative officer of each
department or agency of the state government, including the Supreme Court, shall deleted text begin cooperate
with the Legislative Budget Office and the Legislative Budget Office mustdeleted text end prepare a fiscal
note new text begin consistent with the standards and procedures adopted under section 3.8853, new text end at the
request of the chair of the standing committee to which a bill has been referred, or the chair
of the house of representatives Ways and Means Committee, or the chair of the senate
Committee on Finance.
deleted text begin (b) Upon request of the Legislative Budget Office, the head or chief administrative
officer of each department or agency of state government, including the Supreme Court,
must promptly supply all information necessary for the Legislative Budget Office to prepare
an accurate and timely fiscal note.
deleted text end
deleted text begin (c) The Legislative Budget Office may adopt standards and guidelines governing timing
of responses to requests for information and governing access to data, consistent with laws
governing access to data. Agencies must comply with these standards and guidelines and
the Legislative Budget Office must publish them on the office's Web site.
deleted text end
deleted text begin (d)deleted text end new text begin (b)new text end For purposes of this subdivision, "Supreme Court" includes all agencies,
committees, and commissions supervised or appointed by the state Supreme Court or the
state court administrator.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective September 1, 2019.
new text end
Sec. 8.
Minnesota Statutes 2016, section 10A.01, subdivision 35, is amended to read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative auditor,
new text begin director of the Legislative Budget Office, new text end chief clerk of the house of representatives, revisor
of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
Senate Counsel, Research, and Fiscal Analysis, House Research, or the House Fiscal Analysis
Department;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a state
board or commission that has either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend, or
repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of Administrative
Hearings or unemployment law judge in the Department of Employment and Economic
Development;
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the Department
of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
(17) member of the board of directors or executive director of the Minnesota State High
School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755;
(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed district, or member of a watershed management organization
as defined under section 103B.205, subdivision 13;
(21) supervisor of a soil and water conservation district;
(22) director of Explore Minnesota Tourism;
(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section
97A.056;
(24) citizen member of the Clean Water Council established in section 114D.30;
(25) member or chief executive of the Minnesota Sports Facilities Authority established
in section 473J.07;
(26) district court judge, appeals court judge, or Supreme Court justice;
(27) county commissioner;
(28) member of the Greater Minnesota Regional Parks and Trails Commission; or
(29) member of the Destination Medical Center Corporation established in section
469.41.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 9.
Minnesota Statutes 2016, section 13.64, is amended by adding a subdivision to
read:
new text begin Subd. 4.new text end
new text begin Fiscal note data must be shared with Legislative Budget Office.new text end
new text begin A head or
chief administrative officer of a department or agency of the state government, including
the Supreme Court, must provide data that are used to prepare a fiscal note, including data
that are not public data under this section to the director of the Legislative Budget Office
upon the director's request and consistent with section 3.8853, subdivision 4, unless there
are federal laws or regulations that prohibit the provision of the not public data for this
purpose. The data must be supplied according to any standards and procedures adopted
under section 3.8853, subdivision 3, including any standards and procedures governing
timeliness. Notwithstanding section 13.05, subdivision 9, a responsible authority may not
require the Legislative Budget Office to pay a cost for supplying data requested under this
subdivision.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective September 1, 2019.
new text end
Sec. 10.
Laws 2017, First Special Session chapter 4, article 2, section 1, the effective date,
is amended to read:
EFFECTIVE DATE.
This section is effective deleted text begin January 8, 2019deleted text end new text begin July 1, 2018new text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 11.
Laws 2017, First Special Session chapter 4, article 2, section 3, the effective date,
is amended to read:
EFFECTIVE DATE.
new text begin Except where otherwise provided by law, new text end this section is effective
deleted text begin January 8, 2019deleted text end new text begin July 1, 2018new text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 12.
Laws 2017, First Special Session chapter 4, article 2, section 9, the effective date,
is amended to read:
EFFECTIVE DATE.
This section is effective deleted text begin January 8, 2019deleted text end new text begin September 1, 2019new text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 13.
Laws 2017, First Special Session chapter 4, article 2, section 58, the effective
date, is amended to read:
EFFECTIVE DATE.
This section is effective deleted text begin January 8, 2019.deleted text end new text begin September 1, 2019.
The contract required under this section must be approved by the Legislative Budget Office
Oversight Commission and be executed no later than November 1, 2018, and must provide
for transfer of operational control of the fiscal note tracking system to the Legislative Budget
Office effective September 1, 2019.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 14. new text begin LEGISLATIVE BUDGET OFFICE OVERSIGHT COMMISSION; FIRST
APPOINTMENTS; FIRST CHAIR; FIRST MEETING.
new text end
new text begin Appointments to the Legislative Budget Office Oversight Commission under Minnesota
Statutes, section 3.8854, must be made by July 1, 2018. The chair of the Legislative
Coordinating Commission must designate one appointee to convene the commission's first
meeting and serve as its chair until a chair is elected by the commission as provided in
Minnesota Statutes, section 3.8854. The designated appointee must convene the first meeting
no later than July 15, 2018.
new text end
Sec. 15. new text begin LEGISLATIVE BUDGET OFFICE DIRECTOR ORIENTATION AND
TRAINING.
new text end
new text begin Before September 1, 2019, the commissioner of management and budget shall provide
orientation and training to the director of the Legislative Budget Office and any staff of the
Legislative Budget Office designated by the director on the use of the fiscal note system.
The commissioner of management and budget must provide opportunities to the director
of the Legislative Budget Office and staff designated by the director of the Legislative
Budget Office to learn from the Department of Management and Budget's work on fiscal
note requests during the 2019 regular legislative session to facilitate the transfer of duties
required by this act.
new text end
Sec. 16. new text begin REPEALER.
new text end
new text begin (a)new text end new text begin Minnesota Statutes 2017 Supplement, section 3.98, subdivision 4,new text end new text begin is repealed effective
September 1, 2019.
new text end
new text begin (b)new text end new text begin Laws 2017, First Special Session chapter 4, article 2, section 59, new text end new text begin is repealed.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment unless
a different date is specified.
new text end
ARTICLE 4
INFORMATION TECHNOLOGY
Section 1.
new text begin [3.9736] EVALUATION OF INFORMATION TECHNOLOGY
PROJECTS.
new text end
new text begin Subdivision 1.new text end
new text begin Definition.new text end
new text begin For purposes of this section, "information technology project"
means a project managed or performed by the Office of MN.IT Services on behalf of a state
agency.
new text end
new text begin Subd. 2.new text end
new text begin Selection of project for review; schedule for evaluation; report.new text end
new text begin Annually,
the legislative auditor may submit to the Legislative Audit Commission a list of three to
five information technology projects proposed for review. In selecting projects to include
on the list, the legislative auditor may consider the cost of the project to the state, the impact
of the project on state agencies and public users, and the legislature's interest in ensuring
that state agencies meet the needs of the public. The legislative auditor may include
completed projects and ongoing projects and shall give particular consideration to forensic
review of high-profile problematic projects from which recommendations may be developed
to prevent problems on future projects. Annually, the Legislative Audit Commission may
select at least one information technology project for the legislative auditor's evaluation.
The legislative auditor may evaluate the selected information technology project according
to an evaluation plan established under subdivision 3 and submit a written report to the
Legislative Audit Commission.
new text end
new text begin Subd. 3.new text end
new text begin Evaluation plan.new text end
new text begin The Legislative Audit Commission may establish an evaluation
plan that identifies elements the legislative auditor must include in an evaluation of an
information technology project. The Legislative Audit Commission may modify the
evaluation plan as needed.
new text end
Sec. 2.
Minnesota Statutes 2016, section 16A.11, subdivision 1, is amended to read:
Subdivision 1.
When.
The governor shall submit a three-part budget to the legislature.
Parts one and two, the budget message and detailed operating budget, must be submitted
by the fourth Tuesday in January in each odd-numbered year. However, in a year following
the election of a governor who had not been governor the previous year, parts one and two
must be submitted by the third Tuesday in February. Part three, the detailed recommendations
as to capital expenditure, must be submitted as follows: agency capital budget requests by
July 15 of each odd-numbered year, and governor's recommendations by January 15 of each
even-numbered year. deleted text begin Detailed recommendations as to information technology expenditure
must be submitted as part of the detailed operating budget. Information technology
recommendations must include projects to be funded during the next biennium and planning
estimates for an additional two bienniums. Information technology recommendations must
specify purposes of the funding such as infrastructure, hardware, software, or training.
deleted text end
Sec. 3.
Minnesota Statutes 2016, section 16A.11, is amended by adding a subdivision to
read:
new text begin Subd. 6a.new text end
new text begin Information technology and cyber security.new text end
new text begin (a) Detailed recommendations
as to information and telecommunications technology systems and services expenditures
must be submitted as part of the detailed operating budget. These recommendations must
include projects to be funded during the next biennium and planning estimates for an
additional two bienniums and must specify purposes of the funding, such as infrastructure,
hardware, software, or training. The detailed operating budget must also separately
recommend expenditures for the maintenance and enhancement of cyber security for the
state's information and telecommunications technology systems and services.
new text end
new text begin (b) The commissioner of management and budget, in consultation with the state chief
information officer, shall establish budget guidelines for the recommendations required by
this subdivision. Unless otherwise set by the commissioner at a higher amount, the amount
to be budgeted each fiscal year for maintenance and enhancement of cyber security must
be at least 3.5 percent of a department's or agency's total operating budget for information
and telecommunications technology systems and services in that year.
new text end
new text begin (c) As used in this subdivision:
new text end
new text begin (1) "cyber security" has the meaning given in section 16E.03, subdivision 1, paragraph
(d); and
new text end
new text begin (2) "information and telecommunications technology systems and services" has the
meaning given in section 16E.03, subdivision 1, paragraph (a).
new text end
Sec. 4.
Minnesota Statutes 2016, section 16E.03, subdivision 7, is amended to read:
Subd. 7.
Cyber security systems.
In consultation with the attorney general and
appropriate agency heads, the chief information officer shall develop cyber security policies,
guidelines, and standards, and shall install and administer state data security systems on the
state's computer facilities consistent with these policies, guidelines, standards, and state law
to ensure the integrity of computer-based and other data and to ensure applicable limitations
on access to data, consistent with the public's right to know as defined in chapter 13. The
chief information officer is responsible for overall security of state agency networks
connected to the Internet. Each department or agency head is responsible for the security
of the department's or agency's data within the guidelines of established enterprise policy.new text begin
Unless otherwise expressly provided by law, at least 3.5 percent of each department's or
agency's expenditures in a fiscal year for information and telecommunications technology
systems and services must be directed to the maintenance and enhancement of cyber security.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018, and applies to expenditures
in fiscal years beginning on or after that date.
new text end
ARTICLE 5
ENERGY POLICY
Section 1.
Minnesota Statutes 2017 Supplement, section 116C.779, subdivision 1, is
amended to read:
Subdivision 1.
Renewable development account.
(a) The renewable development
account is established as a separate account in the special revenue fund in the state treasury.
Appropriations and transfers to the account shall be credited to the account. Earnings, such
as interest, dividends, and any other earnings arising from assets of the account, shall be
credited to the account. Funds remaining in the account at the end of a fiscal year are not
canceled to the general fund but remain in the account until expended. The account shall
be administered by the commissioner of management and budget as provided under this
section.
(b) On July 1, 2017, the public utility that owns the Prairie Island nuclear generating
plant must transfer all funds in the renewable development account previously established
under this subdivision and managed by the public utility to the renewable development
account established in paragraph (a). Funds awarded to grantees in previous grant cycles
that have not yet been expended and unencumbered funds required to be paid in calendar
year 2017 under paragraphs new text begin (e) and new text end (f) deleted text begin and (g)deleted text end , and sections 116C.7792 and 216C.41, are
not subject to transfer under this paragraph.
(c) deleted text begin Except as provided in subdivision 1a,deleted text end Beginning January 15, deleted text begin 2018deleted text end new text begin 2019new text end , and
continuing each January 15 thereafter, the public utility that owns the Prairie Island new text begin and
Monticello new text end nuclear generating deleted text begin plantdeleted text end new text begin plantsnew text end must transfer to the renewable development
account deleted text begin $500,000 each year for each dry cask containing spent fuel that is located at the
Prairie Island power plant fordeleted text end new text begin the following amountsnew text end each year deleted text begin thedeleted text end new text begin eithernew text end plant is in operationdeleted text begin ,
and $7,500,000 each year the plant is not in operationdeleted text end new text begin : (1) $23,000,000 in 2019; (2)
$28,000,000 in 2020; (3) $28,000,000 in 2021; and (4) $20,000,000 beginning in 2022 and
each year thereafter.new text end If ordered by the commission pursuant to paragraph deleted text begin (i).deleted text end new text begin (h), the public
utility must transfer $7,500,000 each year the Prairie Island plant is not in operation and
$5,250,000 each year the Monticello plant is not in operation. new text end The fund transfer must be
made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility
at Prairie Island new text begin or Monticello new text end for any part of a year.
deleted text begin (d) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter, the public utility that owns the Monticello nuclear generating
plant must transfer to the renewable development account $350,000 each year for each dry
cask containing spent fuel that is located at the Monticello nuclear power plant for each
year the plant is in operation, and $5,250,000 each year the plant is not in operation if ordered
by the commission pursuant to paragraph (i). The fund transfer must be made if nuclear
waste is stored in a dry cask at the independent spent-fuel storage facility at Monticello for
any part of a year.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end Each year, the public utility shall withhold from the funds transferred to the
renewable development account under deleted text begin paragraphsdeleted text end new text begin paragraphnew text end (c) deleted text begin and (d)deleted text end the amount necessary
to pay its obligations new text begin for that calendar year new text end under paragraphs new text begin (e), new text end (f) deleted text begin and (g)deleted text end ,new text begin (j), and (n),new text end
and sections 116C.7792 and 216C.41deleted text begin , for that calendar yeardeleted text end .
deleted text begin (f)deleted text end new text begin (e)new text end If the commission approves a new or amended power purchase agreement, the
termination of a power purchase agreement, or the purchase and closure of a facility under
section 216B.2424, subdivision 9, with an entity that uses poultry litter to generate electricity,
the public utility subject to this section shall enter into a contract with the city in which the
poultry litter plant is located to provide grants to the city for the purposes of economic
development on the following schedule: $4,000,000 in fiscal year 2018; $6,500,000 each
fiscal year in 2019 and 2020; and $3,000,000 in fiscal year 2021. The grants shall be paid
by the public utility from funds withheld from the transfer to the renewable development
account, as provided in paragraphs (b) and deleted text begin (e)deleted text end new text begin (d)new text end .
deleted text begin (g)deleted text end new text begin (f) new text end If the commission approves a new or amended power purchase agreement, or the
termination of a power purchase agreement under section 216B.2424, subdivision 9, with
an entity owned or controlled, directly or indirectly, by two municipal utilities located north
of Constitutional Route No. 8, that was previously used to meet the biomass mandate in
section 216B.2424, the public utility that owns a nuclear generating plant shall enter into a
grant contract with such entity to provide $6,800,000 per year for five years, commencing
30 days after the commission approves the new or amended power purchase agreement, or
the termination of the power purchase agreement, and on each June 1 thereafter through
2021, to assist the transition required by the new, amended, or terminated power purchase
agreement. The grant shall be paid by the public utility from funds withheld from the transfer
to the renewable development account as provided in paragraphs (b) and deleted text begin (e)deleted text end new text begin (d)new text end .
deleted text begin (h)deleted text end new text begin (g) new text end The collective amount paid under the grant contracts awarded under paragraphs
new text begin (e) and new text end (f) deleted text begin and (g)deleted text end is limited to the amount deposited into the renewable development account,
and its predecessor, the renewable development account, established under this section, that
was not required to be deposited into the account under Laws 1994, chapter 641, article 1,
section 10.
deleted text begin (i)deleted text end new text begin (h)new text end After discontinuation of operation of the Prairie Island nuclear plant or the
Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the
discontinued facility, the commission shall require the public utility to pay $7,500,000 for
the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello
facility for any year in which the commission finds, by the preponderance of the evidence,
that the public utility did not make a good faith effort to remove the spent nuclear fuel stored
at the facility to a permanent or interim storage site out of the state. This determination shall
be made at least every two years.
new text begin (i) The public utility must annually file with the commission a petition to recover through
a rider mechanism all funds it is required to transfer or withhold under paragraphs (c) to (f)
for the next year. The commission must approve a reasonable cost recovery schedule for
all funds under this paragraph.
new text end
new text begin (j) On or before January 15 of each year, the public utility must file a petition with the
commission identifying the amounts withheld by the public utility the prior year under
paragraph (d) and the amount actually paid the prior year for obligations identified in
paragraph (d). If the amount actually paid is less than the amount withheld, the public utility
must deduct the surplus from the amount withheld for the current year under paragraph (d).
If the amount actually paid is more than the amount withheld, the public utility must add
the deficiency amount to the amount withheld for the current year under paragraph (d). Any
surplus remaining in the account after all programs identified in paragraph (d) are terminated
must be returned to the public utility's customers.
new text end
deleted text begin (j)deleted text end new text begin (k)new text end Funds in the account may be expended only for any of the following purposes:
(1) to stimulate research and development of renewable electric energy technologies;
(2) to encourage grid modernization, including, but not limited to, projects that implement
electricity storage, load control, and smart meter technology; and
(3) to stimulate other innovative energy projects that reduce demand and increase system
efficiency and flexibility.
Expenditures from the fund must benefit Minnesota ratepayers receiving electric service
from the utility that owns a nuclear-powered electric generating plant in this state or the
Prairie Island Indian community or its members.
The utility that owns a nuclear generating plant is eligible to apply for grants under this
subdivision.
deleted text begin (k)deleted text end new text begin (l)new text end For the purposes of paragraph deleted text begin (j)deleted text end new text begin (k)new text end , the following terms have the meanings
given:
(1) "renewable" has the meaning given in section 216B.2422, subdivision 1, paragraph
(c), clauses (1), (2), (4), and (5); and
(2) "grid modernization" means:
(i) enhancing the reliability of the electrical grid;
(ii) improving the security of the electrical grid against cyberthreats and physical threats;
and
(iii) increasing energy conservation opportunities by facilitating communication between
the utility and its customers through the use of two-way meters, control technologies, energy
storage and microgrids, technologies to enable demand response, and other innovative
technologies.
deleted text begin (l)deleted text end new text begin (m)new text end A renewable development account advisory group that includes, among others,
representatives of the public utility and its ratepayers, and includes at least one representative
of the Prairie Island Indian community appointed by that community's tribal council, shall
develop recommendations on account expenditures. new text begin Members of the advisory group must
be chosen by the public utility. new text end The advisory group must design a request for proposal and
evaluate projects submitted in response to a request for proposals. The advisory group must
utilize an independent third-party expert to evaluate proposals submitted in response to a
request for proposal, including all proposals made by the public utility. A request for proposal
for research and development under paragraph deleted text begin (j)deleted text end new text begin (k)new text end , clause (1), may be limited to or include
a request to higher education institutions located in Minnesota for multiple projects authorized
under paragraph deleted text begin (j)deleted text end new text begin (k)new text end , clause (1). The request for multiple projects may include a provision
that exempts the projects from the third-party expert review and instead provides for project
evaluation and selection by a merit peer review grant system. In the process of determining
request for proposal scope and subject and in evaluating responses to request for proposals,
the advisory group must strongly consider, where reasonable, potential benefit to Minnesota
citizens and businesses and the utility's ratepayers.
new text begin (n) The cost of acquiring the services of the independent third-party expert described in
paragraph (m) and any other reasonable costs incurred to administer the advisory group and
its actions required by this section must be paid from funds withheld by the public utility
under paragraph (d). The total amount withheld under this paragraph must not exceed
$125,000 each year.
new text end
deleted text begin (m)deleted text end new text begin (o) new text end The advisory group shall submit funding recommendations to the public utility,
which has full and sole authority to determine which expenditures shall be submitted by
the advisory group to the deleted text begin legislaturedeleted text end new text begin commissionnew text end . The commission may approve proposed
expenditures, may disapprove proposed expenditures that it finds not to be in compliance
with this subdivision or otherwise not in the public interest, and may, if agreed to by the
public utility, modify proposed expenditures. The commission shall, by order, submit its
funding recommendations to the legislature as provided under paragraph deleted text begin (n)deleted text end new text begin (p)new text end .
deleted text begin (n)deleted text end new text begin (p)new text end The commission shall present its recommended appropriations from the account
to the senate and house of representatives committees with jurisdiction over energy policy
and finance annually by February 15. Expenditures from the account must be appropriated
by law. In enacting appropriations from the account, the legislature:
(1) may approve or disapprove, but may not modify, the amount of an appropriation for
a project recommended by the commission; and
(2) may not appropriate money for a project the commission has not recommended
funding.
deleted text begin (o)deleted text end new text begin (q)new text end A request for proposal for renewable energy generation projects must, when
feasible and reasonable, give preference to projects that are most cost-effective for a particular
energy source.
deleted text begin (p)deleted text end new text begin (r)new text end The advisory group must annually, by February 15, report to the chairs and ranking
minority members of the legislative committees with jurisdiction over energy policy on
projects funded by the account new text begin under paragraph (k) new text end for the prior year and all previous years.
The report must, to the extent possible and reasonable, itemize the actual and projected
financial benefit to the public utility's ratepayers of each project.
new text begin (s) By June 1, 2018, and each June 1 thereafter, the public utility that owns the Prairie
Island Nuclear Electric Generating Plant must submit to the commissioner of management
and budget an estimate of the amount the public utility will deposit into the account the
following January 15, based on the provisions of paragraphs (c) to (h) and any appropriations
made from the fund during the most recent legislative session.
new text end
deleted text begin (q)deleted text end new text begin (t)new text end By deleted text begin February 1deleted text end new text begin June 30new text end , 2018, and each deleted text begin February 1deleted text end new text begin June 30 new text end thereafter, the
commissioner of management and budget deleted text begin shalldeleted text end new text begin must estimate the balance in the account as
of the following January 31, taking into account the balance in the account as of June 30
and the information provided under paragraph (r). By July 15, 2018, and each July 15
thereafter, the commissioner of management and budget mustnew text end submit a written report
regarding the availability of funds in and obligations of the account to the chairs and ranking
minority members of the senate and house committees with jurisdiction over energy policy
and finance, the public utility, and the advisory group.new text begin If more than $15,000,000 is estimated
to be available in the account as of January 31, the advisory group must, by January 31 the
next year, issue a request for proposals to initiate a grant cycle for the purposes of paragraph
(k).
new text end
deleted text begin (r)deleted text end new text begin (u)new text end A project receiving funds from the account must produce a written final report
that includes sufficient detail for technical readers and a clearly written summary for
nontechnical readers. The report must include an evaluation of the project's financial,
environmental, and other benefits to the state and the public utility's ratepayers.
deleted text begin (s)deleted text end new text begin (v)new text end Final reports, any mid-project status reports, and renewable development account
financial reports must be posted online on a public Web site designated by the commissioner
of commerce.
deleted text begin (t)deleted text end new text begin (w)new text end All final reports must acknowledge that the project was made possible in whole
or part by the Minnesota renewable development account, noting that the account is financed
by the public utility's ratepayers.
deleted text begin (u)deleted text end new text begin (x)new text end Of the amount in the renewable development account, priority must be given to
making the payments required under section 216C.417.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2017 Supplement, section 116C.7792, is amended to read:
116C.7792 SOLAR ENERGY INCENTIVE PROGRAM.
new text begin (a) new text end The utility subject to section 116C.779 deleted text begin shalldeleted text end new text begin mustnew text end operate a program to provide solar
energy production incentives for solar energy systems of no more than a total new text begin aggregate
new text end nameplate capacity of deleted text begin 20deleted text end new text begin 40 new text end kilowatts direct currentnew text begin per premises. The owner of a solar
energy system installed before June 1, 2018, is eligible to receive a production incentive
under this section for any additional solar energy systems constructed at the same customer
location, provided the aggregate capacity of all systems at the customer location does not
exceed 40 kilowattsnew text end .
new text begin (b) new text end The program deleted text begin shalldeleted text end new text begin mustnew text end be operated for eight consecutive calendar years commencing
in 2014. $5,000,000 deleted text begin shalldeleted text end new text begin mustnew text end be allocated in each of the first four years, $15,000,000 in
the fifth year, $10,000,000 in each of the sixth and seventh years, and $5,000,000 in the
eighth year from funds withheld from transfer to the renewable development account under
section 116C.779, subdivision 1, deleted text begin paragraphs (b) and (e)deleted text end new text begin paragraph (d)new text end , and placed in a
separate account for deleted text begin the purpose ofdeleted text end the solar production incentive programnew text begin operated by the
utility. Money in the separate account must not be used for any other program or purpose.
Any unspent amount allocated in the fifth year is available until December 31 of the sixth
year. Any unspent amount remaining at the end of an allocation year must be transferred
to the renewable development account or returned to customersnew text end .
new text begin (c)new text end The solar new text begin energy new text end system must be sized to less than 120 percent of the customer's
on-site annual energy consumptionnew text begin when combined with other distributed generation
resources and subscriptions provided under section 216B.1641 associated with the premisenew text end .
The production incentive must be paid for ten years commencing with the commissioning
of the system.
new text begin (d)new text end The utility must file a plan to operate the program with the commissioner of
commerce. The utility may not operate the program until it is approved by the commissioner.new text begin
A change to the program to include projects up to a nameplate capacity of 40 kilowatts does
not require the utility to file an amended plan with the commissioner. Any plan approved
by the commissioner of commerce must not provide an increased incentive over prior years
unless the commissioner demonstrates that changes in the market for solar energy facilities
require an increase.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 3.
new text begin [116C.7793] PRAIRIE ISLAND NET ZERO PROJECT.
new text end
new text begin Subdivision 1.new text end
new text begin Program established.new text end
new text begin The Prairie Island Net Zero Project is established
with the goal of the Prairie Island Indian Community developing an energy system that
results in net zero emissions.
new text end
new text begin Subd. 2.new text end
new text begin Grant.new text end
new text begin The commissioner of employment and economic development must
enter into a grant contract with the Prairie Island Indian Community to provide the amounts
appropriated each year under subdivision 4 to stimulate research, development, and
implementation of renewable energy projects benefiting the Prairie Island Indian Community
or its members. Any examination conducted by the commissioner of employment and
economic development to determine the sufficiency of the financial stability and capacity
of the Prairie Island Indian Community to carry out the purposes of this grant is limited to
the Community Services Department of the Prairie Island Indian Community.
new text end
new text begin Subd. 3.new text end
new text begin Plan; report.new text end
new text begin The Prairie Island Indian Community must file a plan with the
commissioner of employment and economic development no later than July 1, 2019,
describing the Prairie Island Net Zero Project elements and implementation strategy. The
Prairie Island Indian Community must file a report on July 1, 2020, and each July 1 thereafter
through 2025, describing the progress made in implementing the project and the uses of
expended funds.
new text end
new text begin Subd. 4.new text end
new text begin Appropriation.new text end
new text begin Notwithstanding section 116C.779, subdivision 1, paragraph
(k), $3,000,000 in fiscal year 2019, $7,000,000 in fiscal year 2020, $4,500,000 in fiscal
year 2021, $9,000,000 in fiscal year 2022, $8,000,000 in fiscal year 2023, and $8,500,000
in fiscal year 2024 are appropriated from the renewable development account under section
116C.779, subdivision 1, to the commissioner of employment and economic development
for a grant to the Prairie Island Indian Community for the purposes of this section. Any
funds remaining at the end of a fiscal year do not cancel to the renewable development
account but remain available until spent. This subdivision expires the day after the last
transfer of funds to the commissioner.
new text end
new text begin Subd. 5.new text end
new text begin Transfer.new text end
new text begin (a) Any funds appropriated under section 216C.417, subdivision 2,
that are unexpended at the end of a fiscal year are transferred to the commissioner of
employment and economic development for a grant to the Prairie Island Indian Community
for the purposes of this section.
new text end
new text begin (b) Beginning in fiscal year 2019 and continuing each year thereafter, on the day
following the public release of the February state budget forecast the commissioner of
management and budget must compare the obligation forecasted in each fiscal year for the
Made in Minnesota solar production incentive program under section 216C.417 with the
obligations forecasted under that program in the previous year's February state budget
forecast. If the amount in the most recent forecast in any one fiscal year is less than the
amount of the obligation forecasted for the same fiscal year in the previous February forecast,
the commissioner of management and budget must transfer the difference from the renewable
development account established in section 116C.779 to the commissioner of employment
and economic development for a grant to the Prairie Island Indian Community for the Prairie
Island Net Zero Project in section 116C.7793.
new text end
new text begin (c) The total amount appropriated and transferred from the renewable development
account under this subdivision and subdivision 4 must not exceed $45,000,000.
new text end
new text begin (d) This subdivision expires the day following the day that the total amount appropriated
and transferred from the renewable development account under this subdivision and
subdivision 4 equals $45,000,000.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 4.
Minnesota Statutes 2016, section 216B.16, is amended by adding a subdivision to
read:
new text begin Subd. 7e.new text end
new text begin Energy storage system pilot projects.new text end
new text begin (a) A public utility may petition the
commission under this section to recover costs associated with the implementation of an
energy storage system pilot project. As part of the petition, the public utility must submit a
report to the commission containing, at a minimum, the following information regarding
the proposed energy storage system pilot project:
new text end
new text begin (1) the storage technology utilized;
new text end
new text begin (2) the energy storage capacity and the duration of output at that capacity;
new text end
new text begin (3) the proposed location;
new text end
new text begin (4) the purchase and installation costs;
new text end
new text begin (5) how the project will interact with existing distributed generation resources on the
utility's grid; and
new text end
new text begin (6) the goals the project proposes to achieve, which may include controlling frequency
or voltage, mitigating transmission congestion, providing emergency power supplies during
outages, reducing curtailment of existing renewable energy generators, and reducing peak
power costs.
new text end
new text begin (b) A utility may petition the commission to approve a rate schedule that provides for
the automatic adjustment of charges to recover prudently incurred investments, expenses,
or costs associated with energy storage system pilot projects approved by the commission
under this subdivision. A petition filed under this subdivision must include the elements
listed in section 216B.1645, subdivision 2a, paragraph (b), clauses (1) to (4), and must
describe the benefits of the pilot project.
new text end
new text begin (c) The commission may approve, or approve as modified, a rate schedule filed under
this subdivision if it determines the proposed energy storage system pilot project is in the
public interest. A rate schedule filed under this subdivision may include the elements listed
in section 216B.1645, subdivision 2a, paragraph (a), clauses (1) to (5).
new text end
new text begin (d) The commission must make its determination under paragraph (c) within 90 days of
the filing under paragraph (a).
new text end
new text begin (e) Nothing in this subdivision prohibits or deters the deployment of energy storage
systems.
new text end
new text begin (f) For the purposes of this subdivision:
new text end
new text begin (1) "energy storage system" has the meaning given in section 216B.2422, subdivision
1; and
new text end
new text begin (2) "pilot project" means a project that is owned, operated, and controlled by a public
utility to optimize safe and reliable system operations and is deployed at a limited number
of locations in order to assess the technical and economic effectiveness of its operations.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 5.
Minnesota Statutes 2016, section 216B.16, is amended by adding a subdivision to
read:
new text begin Subd. 13a.new text end
new text begin Pension and other benefits rate base.new text end
new text begin The commission must allow a public
utility to include in the rate base and recover from ratepayers combined pension and other
postemployment benefit costs. Postemployment benefit costs include retiree medical,
determined as the difference between accumulated contributions and accumulated expenses,
offset by related accumulated deferred income tax. A public utility is authorized to track
for future recovery any unrecovered return of pension and other postemployment rate base
costs and investments at the return on investment level established in the public utility's last
general rate case.
new text end
Sec. 6.
Minnesota Statutes 2016, section 216B.1641, is amended to read:
216B.1641 COMMUNITY SOLAR GARDEN.
(a) The public utility subject to section 116C.779 shall file by September 30, 2013, a
plan with the commission to operate a community solar garden program which shall begin
operations within 90 days after commission approval of the plan. Other public utilities may
file an application at their election. The community solar garden program must be designed
to offset the energy use of not less than five subscribers in each community solar garden
facility of which no single subscriber has more than a 40 percent interest. The owner of the
community solar garden may be a public utility or any other entity or organization that
contracts to sell the output from the community solar garden to the utility under section
216B.164. There shall be no limitation on the number or cumulative generating capacity of
community solar garden facilities other than the limitations imposed under section 216B.164,
subdivision 4c, or other limitations provided in law or regulations.
(b) A solar garden is a facility that generates electricity by means of a ground-mounted
or roof-mounted solar photovoltaic device whereby subscribers receive a bill credit for the
electricity generated in proportion to the size of their subscription. The solar garden must
have a nameplate capacity of no more than one megawatt. Each subscription shall be sized
to represent at least 200 watts of the community solar garden's generating capacity and to
supply, when combined with other distributed generation resources serving the premises,
no more than 120 percent of the average annual consumption of electricity by each subscriber
at the premises to which the subscription is attributed.
(c) The solar generation facility must be located in the service territory of the public
utility filing the plan. Subscribers must be retail customers of the public utility located in
the same county or a county contiguous to where the facility is located.
(d) The public utility must purchase from the community solar garden all energy generated
by the solar garden. The purchase shall be at the rate calculated under section 216B.164,
subdivision 10, or, until that rate for the public utility has been approved by the commission,
the applicable retail rate. A solar garden is eligible for any incentive programs offered under
either section 116C.7792 or section 216C.415. A subscriber's portion of the purchase shall
be provided by a credit on the subscriber's bill.
(e) The commission may approve, disapprove, or modify a community solar garden
program. Any plan approved by the commission must:
(1) reasonably allow for the creationdeleted text begin , financing,deleted text end and accessibility of community solar
gardens;
(2) establish uniform standards, fees, and processes for the interconnection of community
solar garden facilities that allow the utility to recover reasonable interconnection costs for
each community solar garden;
(3) not apply different requirements to utility and nonutility community solar garden
facilities;
(4) be consistent with the public interest;
(5) identify the information that must be provided to potential subscribers to ensure fair
disclosure of future costs and benefits of subscriptions;
(6) include a program implementation schedule;
(7) identify all proposed rules, fees, and charges; and
(8) identify the means by which the program will be promoted.
(f) Notwithstanding any other law, neither the manager of nor the subscribers to a
community solar garden facility shall be considered a utility solely as a result of their
participation in the community solar garden facility.
(g) Within 180 days of commission approval of a plan under this section, a utility shall
begin crediting subscriber accounts for each community solar garden facility in its service
territory, and shall file with the commissioner of commerce a description of its crediting
system.
(h) For the purposes of this section, the following terms have the meanings given:
(1) "subscriber" means a retail customer of a utility who owns one or more subscriptions
of a community solar garden facility interconnected with that utility; and
(2) "subscription" means a contract between a subscriber and the owner of a solar garden.
Sec. 7.
Minnesota Statutes 2017 Supplement, section 216B.1691, subdivision 2f, is amended
to read:
Subd. 2f.
Solar energy standard.
(a) In addition to the requirements of subdivisions 2a
and 2b, each public utility shall generate or procure sufficient electricity generated by solar
energy to serve its retail electricity customers in Minnesota so that by the end of 2020, at
least 1.5 percent of the utility's total retail electric sales to retail customers in Minnesota is
generated by solar energy.
(b) For a public utility with more than 200,000 retail electric customers, at least ten
percent of the 1.5 percent goal must be met by solar energy generated by or procured from
solar photovoltaic devices with a nameplate capacity of deleted text begin 20deleted text end new text begin 40new text end kilowatts or less.
(c) A public utility with between 50,000 and 200,000 retail electric customers:
(1) must meet at least ten percent of the 1.5 percent goal with solar energy generated by
or procured from solar photovoltaic devices with a nameplate capacity of 40 kilowatts or
less; and
(2) may apply toward the ten percent goal in clause (1) individual customer subscriptions
of 40 kilowatts or less to a community solar garden program operated by the public utility
that has been approved by the commission.
(d) The solar energy standard established in this subdivision is subject to all the provisions
of this section governing a utility's standard obligation under subdivision 2a.
(e) It is an energy goal of the state of Minnesota that, by 2030, ten percent of the retail
electric sales in Minnesota be generated by solar energy.
(f) For the purposes of calculating the total retail electric sales of a public utility under
this subdivision, there shall be excluded retail electric sales to customers that are:
(1) an iron mining extraction and processing facility, including a scram mining facility
as defined in Minnesota Rules, part 6130.0100, subpart 16; or
(2) a paper mill, wood products manufacturer, sawmill, or oriented strand board
manufacturer.
Those customers may not have included in the rates charged to them by the public utility
any costs of satisfying the solar standard specified by this subdivision.
(g) A public utility may not use energy used to satisfy the solar energy standard under
this subdivision to satisfy its standard obligation under subdivision 2a. A public utility may
not use energy used to satisfy the standard obligation under subdivision 2a to satisfy the
solar standard under this subdivision.
(h) Notwithstanding any law to the contrary, a solar renewable energy credit associated
with a solar photovoltaic device installed and generating electricity in Minnesota after
August 1, 2013, but before 2020 may be used to meet the solar energy standard established
under this subdivision.
(i) Beginning July 1, 2014, and each July 1 through 2020, each public utility shall file
a report with the commission reporting its progress in achieving the solar energy standard
established under this subdivision.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 8.
Minnesota Statutes 2017 Supplement, section 216B.241, subdivision 1d, is amended
to read:
Subd. 1d.
Technical assistance.
(a) The commissioner shall evaluate energy conservation
improvement programs on the basis of cost-effectiveness and the reliability of the
technologies employed. The commissioner shall, by order, establish, maintain, and update
energy-savings assumptions that must be used when filing energy conservation improvement
programs. The commissioner shall establish an inventory of the most effective energy
conservation programs, techniques, and technologies, and encourage all Minnesota utilities
to implement them, where appropriate, in their service territories. The commissioner shall
describe these programs in sufficient detail to provide a utility reasonable guidance
concerning implementation. The commissioner shall prioritize the opportunities in order of
potential energy savings and in order of cost-effectiveness. The commissioner may contract
with a third party to carry out any of the commissioner's duties under this subdivision, and
to obtain technical assistance to evaluate the effectiveness of any conservation improvement
program. The commissioner may assess up to $850,000 annually for the purposes of this
subdivision. The assessments must be deposited in the state treasury and credited to the
energy and conservation account created under subdivision 2a. An assessment made under
this subdivision is not subject to the cap on assessments provided by section 216B.62, or
any other law.
(b) Of the assessment authorized under paragraph (a), the commissioner may expend
deleted text begin up to $400,000 annuallydeleted text end new text begin $800,000new text end for the purpose of developing, operating, maintaining,
and providing technical support for a uniform electronic data reporting and tracking system
available to all utilities subject to this section, in order to enable accurate measurement of
the cost and energy savings of the energy conservation improvements required by this
section. This paragraph expires June 30, deleted text begin 2018deleted text end new text begin 2019new text end .
new text begin (c) The commissioner must establish a utility stakeholder group to direct development
and maintenance of the tracking system available to all utilities. The utility stakeholder
group will direct 50 percent of the biennium expenditures. The utility stakeholder group
must include but is not limited to stakeholders representative of the Minnesota Rural Electric
Association, the Minnesota Municipal Utility Association, investor-owned utilities, municipal
power agencies, energy conservation organizations, and businesses that work in energy
efficiency. One of the stakeholder members must serve as chair. The utility stakeholder
group must develop and submit its work plan to the commissioner. The utility stakeholder
group must study alternative tracking system options, which must be submitted to the
commissioner with the work plan by January 15, 2020. The utility stakeholder group must
meet regularly at the call of the chair. Meetings of the utility stakeholder group are subject
to chapter 13D.
new text end
Sec. 9.
Minnesota Statutes 2016, section 216B.2422, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Utility" means an entity with the capability of generating 100,000 kilowatts or more
of electric power and serving, either directly or indirectly, the needs of 10,000 retail
customers in Minnesota. Utility does not include federal power agencies.
(c) "Renewable energy" means electricity generated through use of any of the following
resources:
(1) wind;
(2) solar;
(3) geothermal;
(4) hydro;
(5) trees or other vegetation;
(6) landfill gas; or
(7) predominantly organic components of wastewater effluent, sludge, or related
by-products from publicly owned treatment works, but not including incineration of
wastewater sludge.
(d) "Resource plan" means a set of resource options that a utility could use to meet the
service needs of its customers over a forecast period, including an explanation of the supply
and demand circumstances under which, and the extent to which, each resource option
would be used to meet those service needs. These resource options include using,
refurbishing, and constructing utility plant and equipment, buying power generated by other
entities, controlling customer loads, and implementing customer energy conservation.
(e) "Refurbish" means to rebuild or substantially modify an existing electricity generating
resource of 30 megawatts or greater.
new text begin (f) "Energy storage system" means a commercially available technology that:
new text end
new text begin (1) uses mechanical, chemical, or thermal processes to:
new text end
new text begin (i) store energy, including energy generated from renewable resources and energy that
would otherwise be wasted, and deliver the stored energy for use at a later time; or
new text end
new text begin (ii) store thermal energy for direct use for heating or cooling at a later time in a manner
that reduces the demand for electricity at the later time;
new text end
new text begin (2) is composed of stationary equipment;
new text end
new text begin (3) if being used for electric grid benefits, is operationally visible and capable of being
controlled by the distribution or transmission entity managing it, to enable and optimize the
safe and reliable operation of the electric system; and
new text end
new text begin (4) achieves any of the following:
new text end
new text begin (i) reduces peak or electrical demand;
new text end
new text begin (ii) defers the need or substitutes for an investment in electric generation, transmission,
or distribution assets;
new text end
new text begin (iii) improves the reliable operation of the electrical transmission or distribution systems,
while ensuring transmission or distribution needs are not created; or
new text end
new text begin (iv) lowers customer costs by storing energy when the cost of generating or purchasing
it is low and delivering it to customers when those costs are high.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 10.
Minnesota Statutes 2016, section 216B.2422, is amended by adding a subdivision
to read:
new text begin Subd. 7.new text end
new text begin Energy storage systems assessment.new text end
new text begin (a) Each public utility required to file a
resource plan under subdivision 2 must include in the filing an assessment of energy storage
systems that analyzes how the deployment of energy storage systems contributes to:
new text end
new text begin (1) meeting identified generation and capacity needs; and
new text end
new text begin (2) evaluating ancillary services.
new text end
new text begin (b) The assessment must employ appropriate modeling methods to enable the analysis
required in paragraph (a).
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 11.
Minnesota Statutes 2017 Supplement, section 216B.62, subdivision 3b, is amended
to read:
Subd. 3b.
Assessment for department regional and national duties.
In addition to
other assessments in subdivision 3, the department may assess up to $500,000 per fiscal
year for performing its duties under section 216A.07, subdivision 3a. The amount in this
subdivision shall be assessed to energy utilities in proportion to their respective gross
operating revenues from retail sales of gas or electric service within the state during the last
calendar year and shall be deposited into an account in the special revenue fund and is
appropriated to the commissioner of commerce for the purposes of section 216A.07,
subdivision 3a. An assessment made under this subdivision is not subject to the cap on
assessments provided in subdivision 3 or any other law. For the purpose of this subdivision,
an "energy utility" means public utilities, generation and transmission cooperative electric
associations, and municipal power agencies providing natural gas or electric service in the
state. This subdivision expires June 30, deleted text begin 2018deleted text end new text begin 2019new text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 12.
Minnesota Statutes 2017 Supplement, section 216C.417, subdivision 2, is amended
to read:
Subd. 2.
Appropriation.
(a) Unspent money remaining in the account established under
Minnesota Statutes 2016, section 216C.412, on July 1, 2017, must be transferred to the
renewable development account in the special revenue fund established under Minnesota
Statutes, section 116C.779, subdivision 1.
(b) There is annually appropriated from the renewable development account in the special
revenue fund established in Minnesota Statutes, section 116C.779, to the commissioner of
commerce money sufficient to make the incentive payments required under Minnesota
Statutes 2016, section 216C.415. Any funds appropriated under this paragraph that are
unexpended deleted text begin at the end of a fiscal yeardeleted text end new text begin must be transferred to the commissioner of employment
and economic development as provided under section 116C.7793, subdivision 5. Any funds
remaining after the transfer under this paragraph new text end cancel to the renewable development
account.
(c) Notwithstanding Minnesota Statutes 2016, section 216C.412, subdivision 1, none of
this appropriation may be used for administrative costs.
Sec. 13.
Minnesota Statutes 2016, section 216D.04, is amended by adding a subdivision
to read:
new text begin Subd. 5.new text end
new text begin Contact information required.new text end
new text begin (a) An operator must furnish accurate contact
information necessary for underground facility damage prevention and damage response
requested by the notification center.
new text end
new text begin (b) The contact information for each affected operator must be available to the excavator
that provided notice under subdivision 1.
new text end
Sec. 14.
Laws 2017, chapter 94, article 10, section 28, is amended to read:
Sec. 28. PROGRAM ADMINISTRATION; "MADE IN MINNESOTA" SOLAR
THERMAL REBATES.
(a) No rebate may be paid under Minnesota Statutes 2016, section 216C.416, to an owner
of a solar thermal system whose application was approved by the commissioner of commerce
after the effective date of this act.
(b) Unspent money remaining in the account established under Minnesota Statutes 2014,
section 216C.416, as of July 2, 2017, must be transferred to the deleted text begin C-LEAFdeleted text end new text begin renewable
developmentnew text end account established under Minnesota Statutes 2016, section 116C.779,
subdivision 1.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 15.
Laws 2017, chapter 94, article 10, section 29, is amended to read:
Sec. 29. RENEWABLE DEVELOPMENT ACCOUNT; TRANSFER OF
UNEXPENDED GRANT FUNDS.
(a) No later than 30 days after the effective date of this section, the utility subject to
Minnesota Statutes, section 116C.779, subdivision 1, must notify in writing each person
who received a grant funded from the renewable development account deleted text begin previouslydeleted text end established
under that subdivision:
(1) after January 1, 2012; and
(2) before January 1, 2012, if the funded project remains incomplete as of the effective
date of this section.
The notice must contain the provisions of this section and instructions directing grant
recipients how unexpended funds can be transferred to the deleted text begin clean energy advancement funddeleted text end new text begin
renewable developmentnew text end account.
(b) A recipient of a grant from the renewable development account deleted text begin previouslydeleted text end established
under Minnesota Statutes, section 116C.779, subdivision 1, must, no later than 30 days after
receiving the notice required under paragraph (a), transfer any grant funds that remain
unexpended as of the effective date of this section to the deleted text begin clean energy advancement funddeleted text end new text begin
renewable developmentnew text end account if, by that effective date, all of the following conditions
are met:
(1) the grant was awarded more than five years before the effective date of this section;
(2) the grant recipient has failed to obtain control of the site on which the project is to
be constructed;
(3) the grant recipient has failed to secure all necessary permits or approvals from any
unit of government with respect to the project; and
(4) construction of the project has not begun.
(c) A recipient of a grant from the renewable development account deleted text begin previouslydeleted text end established
under Minnesota Statutes, section 116C.779, subdivision 1, must transfer any grant funds
that remain unexpended five years after the grant funds are received by the grant recipient
if, by that date, the conditions in paragraph (b), clauses (2) to (4), have been met. The grant
recipient must transfer the unexpended funds no later than 30 days after the fifth anniversary
of the receipt of the grant funds.
(d) A person who transfers funds to the deleted text begin clean energy advancement funddeleted text end new text begin renewable
developmentnew text end account under this section is eligible to apply for funding from the deleted text begin clean energy
advancement funddeleted text end new text begin renewable developmentnew text end account.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 16.
new text begin BIOMASS BUSINESS COMPENSATION.
new text end
new text begin Subdivision 1.new text end
new text begin Office of Administrative Hearings; claims process.new text end
new text begin The chief
administrative law judge of the Office of Administrative Hearings must name an
administrative law judge to administer a claims award process to compensate businesses
negatively affected by the sale and closure of the biomass plant identified under Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (e). The administrative law judge may
establish a process, including the development of application forms, to consider claims for
affected businesses and issue awards to eligible businesses. An application form developed
for the process must, at a minimum, require the name of the business, the business address
and telephone number, and the name of a contact person.
new text end
new text begin Subd. 2.new text end
new text begin Eligibility.new text end
new text begin To be eligible for compensation, an affected business must verify
that as of May 1, 2017, it was operating under the terms of a valid contract or provide other
documentation demonstrating an ongoing business relationship of preparing, supplying, or
transporting products, fuel, or by-products to or from either the company operating the
biomass plant identified under Minnesota Statutes, section 116C.779, subdivision 1,
paragraph (e), or a fertilizer plant integrated with the biomass plant identified under
Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e).
new text end
new text begin Subd. 3.new text end
new text begin Calculating award.new text end
new text begin (a) An eligible business may make a claim for compensation
based on decreased net revenue and the loss of value of investments in real or personal
property essential to business operations with the biomass plant identified under Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (e). All such losses must be attributable
to the termination of the contract under Minnesota Statutes, section 216B.2424, subdivision
9.
new text end
new text begin (b) When filing a claim of decreased net revenue, an eligible business must demonstrate
the extent of its decreased business activity by providing copies of any contracts or other
documentation under subdivision 2, including financial statements showing the eligible
business's financial performance over the past five years for supplying or managing material
for, or receiving material from, the biomass plant identified under Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (e). The business must also present evidence
of any alternative business opportunities it has pursued or could pursue to mitigate the loss
of revenue from the termination of the contract, as the value of alternative opportunities
offsets compensation provided under this section.
new text end
new text begin (c) In filing a claim of loss of value of investments in real or personal property, an eligible
business must provide:
new text end
new text begin (1) evidence that the property was essential to fulfilling the contract with the biomass
plant identified under Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e);
new text end
new text begin (2) evidence that the eligible business is unable to fully repurpose the property to another
productive use after the termination of the contract under Minnesota Statutes, section
216B.2424, subdivision 9; and
new text end
new text begin (3) documentation of the eligible business's investment in the property, minus any
economic depreciation.
new text end
new text begin An eligible business must also provide a valuation of the use, sales, salvage, or scrap value
of the property for which the loss is claimed, as the value of the property offsets compensation
provided under this section.
new text end
new text begin (d) A business seeking compensation under this section must report any payment received
from business interruption insurance policies, settlements, or other forms of compensation
related to the termination of the contract of the biomass plant identified under Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (e). All payments identified in this
paragraph offset compensation provided under this section.
new text end
new text begin (e) A business seeking compensation under this section must provide any other
documentation it deems appropriate, or as required by the administrative law judge, to
support its claim, including a narrative of the facts of the business claim that gives rise to
the request for compensation.
new text end
new text begin (f) Regardless of actual losses, an award of compensation must not exceed the average
of the eligible business's annual net revenue generated from a contract or business relationship
with the biomass plant identified under Minnesota Statutes, section 116C.779, subdivision
1, paragraph (e), for the past five years, multiplied by two.
new text end
new text begin (g) Minnesota Statutes, section 13.591, applies to data submitted by a business requesting
compensation under this section.
new text end
new text begin Subd. 4.new text end
new text begin Priority.new text end
new text begin (a) The administrative law judge may give priority to claims by eligible
businesses that demonstrate a significant effort to:
new text end
new text begin (1) mitigate losses resulting from the closure of the biomass plant identified under
Minnesota Statutes, section 116C.779, subdivision 1, paragraph (e); or
new text end
new text begin (2) repurpose the business for another use through retasking and retooling.
new text end
new text begin (b) The administrative law judge must consider whether a business requests compensation
for a total business loss without mitigation efforts when determining awards under this
section.
new text end
new text begin Subd. 5.new text end
new text begin Amount of claim.new text end
new text begin Any claim is limited by and proportional to the amount
provided for compensation in the biomass business compensation fund established in section
17, and the number of claimants.
new text end
new text begin Subd. 6.new text end
new text begin Deadlines.new text end
new text begin The administrative law judge must make an application process for
compensation available by August 1, 2018. A business seeking to submit a request for
compensation under this section must file claims with the administrative law judge within
60 days following closure of the biomass plant. The administrative law judge must issue
award determination orders within 180 days after the deadline for filing claims.
new text end
new text begin Subd. 7.new text end
new text begin Appeals.new text end
new text begin Orders issued by the administrative law judge under this section are
final. An order denying compensation claimed under this section is subject to the contested
case review procedures under Minnesota Statutes, chapter 14.
new text end
new text begin Subd. 8.new text end
new text begin Expiration.new text end
new text begin This section expires June 30, 2021.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 17.
new text begin BIOMASS BUSINESS COMPENSATION ACCOUNT.
new text end
new text begin Subdivision 1.new text end
new text begin Account established.new text end
new text begin A biomass business compensation account is
established as a separate account in the special revenue fund in the state treasury.
Appropriations and transfers to the account must be credited to the account. Earnings, such
as interest, and any other earnings arising from the assets of the account are credited to the
account. Funds remaining in the account as of December 31, 2020, must be transferred to
the renewable development account established under Minnesota Statutes, section 116C.779.
new text end
new text begin Subd. 2.new text end
new text begin Funding for the special account.new text end
new text begin Notwithstanding Minnesota Statutes, section
116C.779, subdivision 1, paragraph (k), on July 1, 2019, $40,000,000 must be transferred
from the renewable development account under Minnesota Statutes, section 116C.779, to
the biomass business compensation account established under subdivision 1. The transferred
funds are appropriated to pay eligible obligations under the biomass business compensation
program established under section 16.
new text end
new text begin Subd. 3.new text end
new text begin Payment of expenses.new text end
new text begin Beginning on July 1, 2019, the chief administrative law
judge must certify to the commissioner of management and budget the total costs incurred
to administer the biomass business compensation claims process. The commissioner of
management and budget must transfer an amount equal to the certified costs incurred for
biomass business compensation claim activities from the renewable development account
under Minnesota Statutes, section 116C.779, and deposit it to the administrative hearings
account under Minnesota Statutes, section 14.54. Transfers may occur quarterly, based on
quarterly cost and revenue reports, throughout the fiscal year, with final certification and
reconciliation after each fiscal year. The total amount transferred under this subdivision
must not exceed $200,000.
new text end
new text begin Subd. 4.new text end
new text begin Expiration.new text end
new text begin This section expires June 30, 2021.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 18. new text begin REPORT; COST-BENEFIT ANALYSIS OF ENERGY STORAGE
SYSTEMS.
new text end
new text begin (a) The commissioner of commerce must contract with an independent consultant selected
through a request for proposal process to produce a report analyzing the potential costs and
benefits of energy storage systems, as defined in Minnesota Statutes, section 216B.2422,
subdivision 1, in Minnesota. The study may also include scenarios examining energy storage
systems that are not capable of being controlled by a utility. The commissioner must engage
a broad group of Minnesota stakeholders, including electric utilities and others, to develop
and provide information for the report. The study must:
new text end
new text begin (1) identify and measure the different potential costs and savings produced by energy
storage system deployment, including but not limited to:
new text end
new text begin (i) generation, transmission, and distribution facilities asset deferral or substitution;
new text end
new text begin (ii) impacts on ancillary services costs;
new text end
new text begin (iii) impacts on transmission and distribution congestion;
new text end
new text begin (iv) impacts on peak power costs;
new text end
new text begin (v) impacts on emergency power supplies during outages;
new text end
new text begin (vi) impacts on curtailment of renewable energy generators; and
new text end
new text begin (vii) reduced greenhouse gas emissions;
new text end
new text begin (2) analyze and estimate the:
new text end
new text begin (i) costs and savings to customers that deploy energy storage systems;
new text end
new text begin (ii) impact on the utility's ability to integrate renewable resources;
new text end
new text begin (iii) impact on grid reliability and power quality; and
new text end
new text begin (iv) effect on retail electric rates over the useful life of a given energy storage system
compared to providing the same services using other facilities or resources;
new text end
new text begin (3) consider the findings of analysis conducted by the Midcontinent Independent System
Operator on energy storage capacity accreditation and participation in regional energy
markets, including updates of the analysis; and
new text end
new text begin (4) include case studies of existing energy storage applications currently providing the
benefits described in clauses (1) and (2).
new text end
new text begin (b) By May 1, 2019, the commissioner of commerce must submit the study to the chairs
and ranking minority members of the senate and house of representatives committees with
jurisdiction over energy policy and finance.
new text end
Sec. 19. new text begin REPEALER.
new text end
new text begin Minnesota Statutes 2016, section 216B.2423,new text end new text begin is repealed.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
ARTICLE 6
JOBS AND ECONOMIC GROWTH
Section 1. new text begin APPROPRIATIONS. |
new text begin The sums shown in the columns marked "Appropriations" are added to the appropriations
in Laws 2017, chapter 94, and appropriated to the agencies and for the purposes specified
in this article. The appropriations are from the general fund, or another named fund, and
are available for the fiscal year indicated for each purpose. The figures "2018" and "2019"
used in this article mean that the addition to the appropriations listed under them are available
for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. "The first year" is
fiscal year 2018. "The second year" is fiscal year 2019.
new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2018 new text end | new text begin 2019 new text end | |||||
Sec. 2. new text begin DEPARTMENT OF EMPLOYMENT | ||||||
new text begin Subdivision 1.new text endnew text begin Total Appropriation | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 16,550,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin General new text end | new text begin -0- new text end | new text begin 16,500,000 new text end |
| new text begin Workforce Development new text end | new text begin -0- new text end | new text begin 50,000 new text end |
new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2.new text endnew text begin Business and Community Development | new text begin -0- new text end | new text begin 1,500,000 new text end | ||||
new text begin $1,500,000 in fiscal year 2019 is for a grant
to the city of Cambridge for costs associated
with relocating and constructing a propane
distribution facility and for costs associated
with demolition, cleanup and restoration of
the existing propane facility. Eligible costs
include: land acquisition, site preparation and
improvements, moving expenses, building
construction, rail construction, rail switch
construction, demolition, environmental
remediation, engineering, and other necessary
site improvements. This is a onetime
appropriation and is available until the project
is completed or abandoned subject to
Minnesota Statutes, section 16A.642.
new text end
new text begin Subd. 3.new text endnew text begin Broadband Development | new text begin -0- new text end | new text begin 15,000,000 new text end | ||||
new text begin $15,000,000 in fiscal year 2019 is for transfer
to the border-to-border broadband fund
account in the special revenue fund established
under Minnesota Statutes, section 116J.396
and may be used for purposes provided in
Minnesota Statutes, section 116J.395. This
appropriation is onetime and is available until
spent. Of this appropriation, up to three
percent is for costs incurred by the
commissioner to administer Minnesota
Statutes, section 116J.395. Administrative
costs may include the following activities
related to measuring progress toward the
state's broadband goals established in
Minnesota Statutes, section 237.012:
new text end
new text begin (1) collecting broadband deployment data from
Minnesota providers, verifying its accuracy
through on-the-ground testing, and creating
state and county maps available to the public
showing the availability of broadband service
at various upload and download speeds
throughout Minnesota;
new text end
new text begin (2) analyzing the deployment data collected
to help inform future investments in broadband
infrastructure; and
new text end
new text begin (3) conducting business and residential surveys
that measure broadband adoption and use in
the state.
new text end
new text begin Data provided by a broadband provider under
this subdivision is nonpublic data under
Minnesota Statutes, section 13.02, subdivision
9. Maps produced under this subdivision are
public data under Minnesota Statutes, section
13.03.
new text end
new text begin Subd. 4.new text endnew text begin Workforce Development | new text begin -0- new text end | new text begin 50,000 new text end | ||||
new text begin $50,000 in fiscal year 2019 is from the
workforce development fund for a grant to the
Cook County Higher Education Board to
provide educational programming and
academic support services to remote regions
in northeastern Minnesota. This is a onetime
appropriation and is in addition to other funds
previously appropriated to the board.
new text end
Sec. 3. new text begin DEPARTMENT OF COMMERCE | ||||||
new text begin Subdivision 1.new text endnew text begin Total Appropriation | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 150,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin Special Revenue new text end | new text begin -0- new text end | new text begin 150,000 new text end |
new text begin Subd. 2.new text endnew text begin Energy Resources | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 150,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin Special Revenue new text end | new text begin -0- new text end | new text begin 150,000 new text end |
new text begin $150,000 the second year is from the
renewable development account in the special
revenue fund established in Minnesota
Statutes, section 116C.779, subdivision 1, to
conduct an energy storage systems cost-benefit
analysis. This is a onetime appropriation.
new text end
Sec. 4.
Laws 2017, chapter 94, article 1, section 2, subdivision 2, as amended by Laws
2017, First Special Session chapter 7, section 2, is amended to read:
Subd. 2.Business and Community Development | $ | 46,074,000 | $ | deleted text begin 40,935,000 deleted text end new text begin 39,435,000 new text end | ||
| Appropriations by Fund | ||
| General | $43,363,000 | deleted text begin $38,424,000 deleted text end new text begin $36,924,000 new text end |
| Remediation | $700,000 | $700,000 |
| Workforce Development | $1,861,000 | $1,811,000 |
| Special Revenue | $150,000 | -0- |
(a) $4,195,000 each year is for the Minnesota
job skills partnership program under
Minnesota Statutes, sections 116L.01 to
116L.17. If the appropriation for either year
is insufficient, the appropriation for the other
year is available. This appropriation is
available until spent.
(b) $750,000 each year is for grants to the
Neighborhood Development Center for small
business programs:
(1) training, lending, and business services;
(2) model outreach and training in greater
Minnesota; and
(3) development of new business incubators.
This is a onetime appropriation.
(c) $1,175,000 each year is for a grant to the
Metropolitan Economic Development
Association (MEDA) for statewide business
development and assistance services, including
services to entrepreneurs with businesses that
have the potential to create job opportunities
for unemployed and underemployed people,
with an emphasis on minority-owned
businesses. This is a onetime appropriation.
(d) $125,000 each year is for a grant to the
White Earth Nation for the White Earth Nation
Integrated Business Development System to
provide business assistance with workforce
development, outreach, technical assistance,
infrastructure and operational support,
financing, and other business development
activities. This is a onetime appropriation.
(e)(1) $12,500,000 each year is for the
Minnesota investment fund under Minnesota
Statutes, section 116J.8731. Of this amount,
the commissioner of employment and
economic development may use up to three
percent for administration and monitoring of
the program. This appropriation is available
until spent.
(2) Of the amount appropriated in fiscal year
2018, $4,000,000 is for a loan to construct and
equip a wholesale electronic component
distribution center investing a minimum of
$200,000,000 and constructing a facility at
least 700,000 square feet in size. Loan funds
may be used for purchases of materials,
supplies, and equipment for the construction
of the facility and are available from July 1,
2017, to June 30, 2021. The commissioner of
employment and economic development shall
forgive the loan after verification that the
project has satisfied performance goals and
contractual obligations as required under
Minnesota Statutes, section 116J.8731.
(3) Of the amount appropriated in fiscal year
2018, $700,000 is for a loan to extend an
effluent pipe that will deliver reclaimed water
to an innovative waste-to-biofuel project
investing a minimum of $150,000,000 and
constructing a facility that is designed to
process approximately 400,000 tons of waste
annually. Loan funds are available until June
30, 2021.
new text begin (4) Of the amount appropriated in fiscal year
2019, $1,000,000 is for a grant to the city of
Minnetonka for a forgivable loan to a
high-risk, high-return jobs retention and
creation initiative to be conducted by a local
business that produces lactic acid/lactate, to
help grow and expand the bioeconomy in
Minnesota. The grant under this section is not
subject to the limitations under Minnesota
Statutes, section 116J.8731, subdivision 5, or
the performance goals, contractual obligations,
and other requirements under Minnesota
Statutes, sections 116J.8731, subdivision 7;
116J.993; and 116J.994. Grant funds are
available until June 30, 2021.
new text end
new text begin (5) Of the amount appropriated in fiscal year
2019, $1,000,000 is for a loan to a paper mill
in Duluth to support the operation and
manufacture of packaging paper grades. The
company that owns the paper mill must spend
$15,000,000 on expansion activities by
December 31, 2019, in order to be eligible to
receive funds in this appropriation. This
appropriation is onetime and may be used for
the mill's equipment, materials, supplies, and
other operating expenses. The commissioner
of employment and economic development
shall forgive a portion of the loan each year
after verification that the mill has retained 195
full-time jobs over a period of five years and
has satisfied other performance goals and
contractual obligations as required under
Minnesota Statutes, section 116J.8731.
new text end
(f) $8,500,000 deleted text begin each year isdeleted text end new text begin in fiscal year 2018
and $7,000,000 in fiscal year 2019 arenew text end for the
Minnesota job creation fund under Minnesota
Statutes, section 116J.8748. Of this amount,
the commissioner of employment and
economic development may use up to three
percent for administrative expenses. This
appropriation is available until expended. In
fiscal year 2020 and beyond, the base amount
is $8,000,000.
(g) $1,647,000 each year is for contaminated
site cleanup and development grants under
Minnesota Statutes, sections 116J.551 to
116J.558. This appropriation is available until
spent. In fiscal year 2020 and beyond, the base
amount is $1,772,000.
(h) $12,000 each year is for a grant to the
Upper Minnesota Film Office.
(i) $163,000 each year is for the Minnesota
Film and TV Board. The appropriation in each
year is available only upon receipt by the
board of $1 in matching contributions of
money or in-kind contributions from nonstate
sources for every $3 provided by this
appropriation, except that each year up to
$50,000 is available on July 1 even if the
required matching contribution has not been
received by that date.
(j) $500,000 each year is from the general fund
for a grant to the Minnesota Film and TV
Board for the film production jobs program
under Minnesota Statutes, section 116U.26.
This appropriation is available until June 30,
2021.
(k) $139,000 each year is for a grant to the
Rural Policy and Development Center under
Minnesota Statutes, section 116J.421.
(l)(1) $1,300,000 each year is for the greater
Minnesota business development public
infrastructure grant program under Minnesota
Statutes, section 116J.431. This appropriation
is available until spent. If the appropriation
for either year is insufficient, the appropriation
for the other year is available. In fiscal year
2020 and beyond, the base amount is
$1,787,000. Funds available under this
paragraph may be used for site preparation of
property owned and to be used by private
entities.
(2) Of the amounts appropriated, $1,600,000
in fiscal year 2018 is for a grant to the city of
Thief River Falls to support utility extensions,
roads, and other public improvements related
to the construction of a wholesale electronic
component distribution center at least 700,000
square feet in size and investing a minimum
of $200,000,000. Notwithstanding Minnesota
Statutes, section 116J.431, a local match is
not required. Grant funds are available from
July 1, 2017, to June 30, 2021.
(m) $876,000 the first year and $500,000 the
second year are for the Minnesota emerging
entrepreneur loan program under Minnesota
Statutes, section 116M.18. Funds available
under this paragraph are for transfer into the
emerging entrepreneur program special
revenue fund account created under Minnesota
Statutes, chapter 116M, and are available until
spent. Of this amount, up to four percent is for
administration and monitoring of the program.
In fiscal year 2020 and beyond, the base
amount is $1,000,000.
(n) $875,000 each year is for a grant to
Enterprise Minnesota, Inc. for the small
business growth acceleration program under
Minnesota Statutes, section 116O.115. This
is a onetime appropriation.
(o) $250,000 in fiscal year 2018 is for a grant
to the Minnesota Design Center at the
University of Minnesota for the greater
Minnesota community design pilot project.
(p) $275,000 in fiscal year 2018 is from the
general fund to the commissioner of
employment and economic development for
a grant to Community and Economic
Development Associates (CEDA) for an
economic development study and analysis of
the effects of current and projected economic
growth in southeast Minnesota. CEDA shall
report on the findings and recommendations
of the study to the committees of the house of
representatives and senate with jurisdiction
over economic development and workforce
issues by February 15, 2019. All results and
information gathered from the study shall be
made available for use by cities in southeast
Minnesota by March 15, 2019. This
appropriation is available until June 30, 2020.
(q) $2,000,000 in fiscal year 2018 is for a
grant to Pillsbury United Communities for
construction and renovation of a building in
north Minneapolis for use as the "North
Market" grocery store and wellness center,
focused on offering healthy food, increasing
health care access, and providing job creation
and economic opportunities in one place for
children and families living in the area. To the
extent possible, Pillsbury United Communities
shall employ individuals who reside within a
five mile radius of the grocery store and
wellness center. This appropriation is not
available until at least an equal amount of
money is committed from nonstate sources.
This appropriation is available until the project
is completed or abandoned, subject to
Minnesota Statutes, section 16A.642.
(r) $1,425,000 each year is for the business
development competitive grant program. Of
this amount, up to five percent is for
administration and monitoring of the business
development competitive grant program. All
grant awards shall be for two consecutive
years. Grants shall be awarded in the first year.
(s) $875,000 each year is for the host
community economic development grant
program established in Minnesota Statutes,
section 116J.548.
(t) $700,000 each year is from the remediation
fund for contaminated site cleanup and
development grants under Minnesota Statutes,
sections 116J.551 to 116J.558. This
appropriation is available until spent.
(u) $161,000 each year is from the workforce
development fund for a grant to the Rural
Policy and Development Center. This is a
onetime appropriation.
(v) $300,000 each year is from the workforce
development fund for a grant to Enterprise
Minnesota, Inc. This is a onetime
appropriation.
(w) $50,000 in fiscal year 2018 is from the
workforce development fund for a grant to
Fighting Chance for behavioral intervention
programs for at-risk youth.
(x) $1,350,000 each year is from the
workforce development fund for job training
grants under Minnesota Statutes, section
116L.42.
(y)(1) $519,000 in fiscal year 2018 is for
grants to local communities to increase the
supply of quality child care providers in order
to support economic development. At least 60
percent of grant funds must go to communities
located outside of the seven-county
metropolitan area, as defined under Minnesota
Statutes, section 473.121, subdivision 2. Grant
recipients must obtain a 50 percent nonstate
match to grant funds in either cash or in-kind
contributions. Grant funds available under this
paragraph must be used to implement solutions
to reduce the child care shortage in the state
including but not limited to funding for child
care business start-ups or expansions, training,
facility modifications or improvements
required for licensing, and assistance with
licensing and other regulatory requirements.
In awarding grants, the commissioner must
give priority to communities that have
documented a shortage of child care providers
in the area.
(2) Within one year of receiving grant funds,
grant recipients must report to the
commissioner on the outcomes of the grant
program including but not limited to the
number of new providers, the number of
additional child care provider jobs created, the
number of additional child care slots, and the
amount of local funds invested.
(3) By January 1 of each year, starting in 2019,
the commissioner must report to the standing
committees of the legislature having
jurisdiction over child care and economic
development on the outcomes of the program
to date.
(z) $319,000 in fiscal year 2018 is from the
general fund for a grant to the East Phillips
Improvement Coalition to create the East
Phillips Neighborhood Institute (EPNI) to
expand culturally tailored resources that
address small business growth and create
green jobs. The grant shall fund the
collaborative work of Tamales y Bicicletas,
Little Earth of the United Tribes, a nonprofit
serving East Africans, and other coalition
members towards developing EPNI as a
community space to host activities including,
but not limited to, creation and expansion of
small businesses, culturally specific
entrepreneurial activities, indoor urban
farming, job training, education, and skills
development for residents of this low-income,
environmental justice designated
neighborhood. Eligible uses for grant funds
include, but are not limited to, planning and
start-up costs, staff and consultant costs,
building improvements, rent, supplies, utilities,
vehicles, marketing, and program activities.
The commissioner shall submit a report on
grant activities and quantifiable outcomes to
the committees of the house of representatives
and the senate with jurisdiction over economic
development by December 15, 2020. This
appropriation is available until June 30, 2020.
(aa) $150,000 the first year is from the
renewable development account in the special
revenue fund established in Minnesota
Statutes, section 116C.779, subdivision 1, to
conduct the biomass facility closure economic
impact study.
(bb)(1) $300,000 in fiscal year 2018 is for a
grant to East Side Enterprise Center (ESEC)
to expand culturally tailored resources that
address small business growth and job
creation. This appropriation is available until
June 30, 2020. The appropriation shall fund
the work of African Economic Development
Solutions, the Asian Economic Development
Association, the Dayton's Bluff Community
Council, and the Latino Economic
Development Center in a collaborative
approach to economic development that is
effective with smaller, culturally diverse
communities that seek to increase the
productivity and success of new immigrant
and minority populations living and working
in the community. Programs shall provide
minority business growth and capacity
building that generate wealth and jobs creation
for local residents and business owners on the
East Side of St. Paul.
(2) In fiscal year 2019 ESEC shall use funds
to share its integrated service model and
evolving collaboration principles with civic
and economic development leaders in greater
Minnesota communities which have diverse
populations similar to the East Side of St. Paul.
ESEC shall submit a report of activities and
program outcomes, including quantifiable
measures of success annually to the house of
representatives and senate committees with
jurisdiction over economic development.
(cc) $150,000 in fiscal year 2018 is for a grant
to Mille Lacs County for the purpose of
reimbursement grants to small resort
businesses located in the city of Isle with less
than $350,000 in annual revenue, at least four
rental units, which are open during both
summer and winter months, and whose
business was adversely impacted by a decline
in walleye fishing on Lake Mille Lacs.
(dd)(1) $250,000 in fiscal year 2018 is for a
grant to the Small Business Development
Center hosted at Minnesota State University,
Mankato, for a collaborative initiative with
the Regional Center for Entrepreneurial
Facilitation. Funds available under this section
must be used to provide entrepreneur and
small business development direct professional
business assistance services in the following
counties in Minnesota: Blue Earth, Brown,
Faribault, Le Sueur, Martin, Nicollet, Sibley,
Watonwan, and Waseca. For the purposes of
this section, "direct professional business
assistance services" must include, but is not
limited to, pre-venture assistance for
individuals considering starting a business.
This appropriation is not available until the
commissioner determines that an equal amount
is committed from nonstate sources. Any
balance in the first year does not cancel and
is available for expenditure in the second year.
(2) Grant recipients shall report to the
commissioner by February 1 of each year and
include information on the number of
customers served in each county; the number
of businesses started, stabilized, or expanded;
the number of jobs created and retained; and
business success rates in each county. By April
1 of each year, the commissioner shall report
the information submitted by grant recipients
to the chairs of the standing committees of the
house of representatives and the senate having
jurisdiction over economic development
issues.
(ee) $500,000 in fiscal year 2018 is for the
central Minnesota opportunity grant program
established under Minnesota Statutes, section
116J.9922. This appropriation is available until
June 30, 2022.
(ff) $25,000 each year is for the administration
of state aid for the Destination Medical Center
under Minnesota Statutes, sections 469.40 to
469.47.
Sec. 5.
Laws 2017, chapter 94, article 1, section 2, subdivision 3, is amended to read:
Subd. 3.Workforce Development | $ | 31,498,000 | $ | 30,231,000 | ||
| Appropriations by Fund | ||
| General | $6,239,000 | $5,889,000 |
| Workforce Development | $25,259,000 | $24,342,000 |
(a) $500,000 each year is for the
youth-at-work competitive grant program
under Minnesota Statutes, section 116L.562.
Of this amount, up to five percent is for
administration and monitoring of the youth
workforce development competitive grant
program. All grant awards shall be for two
consecutive years. Grants shall be awarded in
the first year. In fiscal year 2020 and beyond,
the base amount is $750,000.
(b) $250,000 each year is for pilot programs
in the workforce service areas to combine
career and higher education advising.
(c) $500,000 each year is for rural career
counseling coordinator positions in the
workforce service areas and for the purposes
specified in Minnesota Statutes, section
116L.667. The commissioner of employment
and economic development, in consultation
with local workforce investment boards and
local elected officials in each of the service
areas receiving funds, shall develop a method
of distributing funds to provide equitable
services across workforce service areas.
(d) $1,000,000 each year is for a grant to the
Construction Careers Foundation for the
construction career pathway initiative to
provide year-round educational and
experiential learning opportunities for teens
and young adults under the age of 21 that lead
to careers in the construction industry. This is
a onetime appropriation. Grant funds must be
used to:
(1) increase construction industry exposure
activities for middle school and high school
youth, parents, and counselors to reach a more
diverse demographic and broader statewide
audience. This requirement includes, but is
not limited to, an expansion of programs to
provide experience in different crafts to youth
and young adults throughout the state;
(2) increase the number of high schools in
Minnesota offering construction classes during
the academic year that utilize a multicraft
curriculum;
(3) increase the number of summer internship
opportunities;
(4) enhance activities to support graduating
seniors in their efforts to obtain employment
in the construction industry;
(5) increase the number of young adults
employed in the construction industry and
ensure that they reflect Minnesota's diverse
workforce; and
(6) enhance an industrywide marketing
campaign targeted to youth and young adults
about the depth and breadth of careers within
the construction industry.
Programs and services supported by grant
funds must give priority to individuals and
groups that are economically disadvantaged
or historically underrepresented in the
construction industry, including but not limited
to women, veterans, and members of minority
and immigrant groups.
(e) $1,539,000 each year from the general fund
and $4,604,000 each year from the workforce
development fund are for the Pathways to
Prosperity adult workforce development
competitive grant program. Of this amount,
up to four percent is for administration and
monitoring of the program. When awarding
grants under this paragraph, the commissioner
of employment and economic development
may give preference to any previous grantee
with demonstrated success in job training and
placement for hard-to-train individuals. In
fiscal year 2020 and beyond, the general fund
base amount for this program is $4,039,000.
(f) $750,000 each year is for a competitive
grant program to provide grants to
organizations that provide support services for
individuals, such as job training, employment
preparation, internships, job assistance to
fathers, financial literacy, academic and
behavioral interventions for low-performing
students, and youth intervention. Grants made
under this section must focus on low-income
communities, young adults from families with
a history of intergenerational poverty, and
communities of color. Of this amount, up to
four percent is for administration and
monitoring of the program. In fiscal year 2020
and beyond, the base amount is $1,000,000.
(g) $500,000 each year is for the women and
high-wage, high-demand, nontraditional jobs
grant program under Minnesota Statutes,
section 116L.99. Of this amount, up to five
percent is for administration and monitoring
of the program. In fiscal year 2020 and
beyond, the base amount is $750,000.
(h) $500,000 each year is for a competitive
grant program for grants to organizations
providing services to relieve economic
disparities in the Southeast Asian community
through workforce recruitment, development,
job creation, assistance of smaller
organizations to increase capacity, and
outreach. Of this amount, up to five percent
is for administration and monitoring of the
program. In fiscal year 2020 and beyond, the
base amount is $1,000,000.
(i) $250,000 each year is for a grant to the
American Indian Opportunities and
Industrialization Center, in collaboration with
the Northwest Indian Community
Development Center, to reduce academic
disparities for American Indian students and
adults. This is a onetime appropriation. The
grant funds may be used to provide:
(1) student tutoring and testing support
services;
(2) training in information technology;
(3) assistance in obtaining a GED;
(4) remedial training leading to enrollment in
a postsecondary higher education institution;
(5) real-time work experience in information
technology fields; and
(6) contextualized adult basic education.
After notification to the legislature, the
commissioner may transfer this appropriation
to the commissioner of education.
(j) $100,000 each year is for the getting to
work grant program. This is a onetime
appropriation and is available until June 30,
2021.
(k) $525,000 each year is from the workforce
development fund for a grant to the YWCA
of Minneapolis to provide economically
challenged individuals the job skills training,
career counseling, and job placement
assistance necessary to secure a child
development associate credential and to have
a career path in early childhood education.
This is a onetime appropriation.
(l) $1,350,000 each year is from the workforce
development fund for a grant to the Minnesota
High Tech Association to support
SciTechsperience, a program that supports
science, technology, engineering, and math
(STEM) internship opportunities for two- and
four-year college students and graduate
students in their field of study. The internship
opportunities must match students with paid
internships within STEM disciplines at small,
for-profit companies located in Minnesota,
having fewer than 250 employees worldwide.
At least 300 students must be matched in the
first year and at least 350 students must be
matched in the second year. No more than 15
percent of the hires may be graduate students.
Selected hiring companies shall receive from
the grant 50 percent of the wages paid to the
intern, capped at $2,500 per intern. The
program must work toward increasing the
participation of women or other underserved
populations. This is a onetime appropriation.
(m) $450,000 each year is from the workforce
development fund for grants to Minnesota
Diversified Industries, Inc. to provide
progressive development and employment
opportunities for people with disabilities. This
is a onetime appropriation.
(n) $500,000 each year is from the workforce
development fund for a grant to Resource, Inc.
to provide low-income individuals career
education and job skills training that are fully
integrated with chemical and mental health
services. This is a onetime appropriation.
(o) $750,000 each year is from the workforce
development fund for a grant to the Minnesota
Alliance of Boys and Girls Clubs to administer
a statewide project of youth job skills and
career development. This project, which may
have career guidance components including
health and life skills, is designed to encourage,
train, and assist youth in early access to
education and job-seeking skills, work-based
learning experience including career pathways
in STEM learning, career exploration and
matching, and first job placement through
local community partnerships and on-site job
opportunities. This grant requires a 25 percent
match from nonstate resources. This is a
onetime appropriation.
(p) $215,000 each year is from the workforce
development fund for grants to Big Brothers,
Big Sisters of the Greater Twin Cities for
workforce readiness, employment exploration,
and skills development for youth ages 12 to
21. The grant must serve youth in the Twin
Cities, Central Minnesota, and Southern
Minnesota Big Brothers, Big Sisters chapters.
This is a onetime appropriation.
(q) $250,000 each year is from the workforce
development fund for a grant to YWCA St.
Paul to provide job training services and
workforce development programs and
services, including job skills training and
counseling. This is a onetime appropriation.
(r) $1,000,000 each year is from the workforce
development fund for a grant to EMERGE
Community Development, in collaboration
with community partners, for services
targeting Minnesota communities with the
highest concentrations of African and
African-American joblessness, based on the
most recent census tract data, to provide
employment readiness training, credentialed
training placement, job placement and
retention services, supportive services for
hard-to-employ individuals, and a general
education development fast track and adult
diploma program. This is a onetime
appropriation.
(s) $1,000,000 each year is from the workforce
development fund for a grant to the
Minneapolis Foundation for a strategic
intervention program designed to target and
connect program participants to meaningful,
sustainable living-wage employment. This is
a onetime appropriation.
(t) $750,000 each year is from the workforce
development fund for a grant to Latino
Communities United in Service (CLUES) to
expand culturally tailored programs that
address employment and education skill gaps
for working parents and underserved youth by
providing new job skills training to stimulate
higher wages for low-income people, family
support systems designed to reduce
intergenerational poverty, and youth
programming to promote educational
advancement and career pathways. At least
50 percent of this amount must be used for
programming targeted at greater Minnesota.
This is a onetime appropriation.
(u) $600,000 each year is from the workforce
development fund for a grant to Ujamaa Place
for job training, employment preparation,
internships, education, training in the
construction trades, housing, and
organizational capacity building. This is a
onetime appropriation.
(v) $1,297,000 in the first year and $800,000
in the second year are from the workforce
development fund for performance grants
under Minnesota Statutes, section 116J.8747,
to Twin Cities R!SE to provide training to
hard-to-train individuals. Of the amounts
appropriated, $497,000 in fiscal year 2018 is
for a grant to Twin Cities R!SE, in
collaboration with Metro Transit and Hennepin
Technical College for the Metro Transit
technician training program. This is a onetime
appropriation and funds are available until
June 30, 2020.
(w) $230,000 in fiscal year 2018 is from the
workforce development fund for a grant to the
Bois Forte Tribal Employment Rights Office
(TERO) for an American Indian workforce
development training pilot project.new text begin This is a
onetime appropriation and is available until
June 30, 2019. Funds appropriated the first
year are available for use in the second year
of the biennium.
new text end
(x) $40,000 in fiscal year 2018 is from the
workforce development fund for a grant to the
Cook County Higher Education Board to
provide educational programming and
academic support services to remote regions
in northeastern Minnesota. This appropriation
is in addition to other funds previously
appropriated to the board.
(y) $250,000 each year is from the workforce
development fund for a grant to Bridges to
Healthcare to provide career education,
wraparound support services, and job skills
training in high-demand health care fields to
low-income parents, nonnative speakers of
English, and other hard-to-train individuals,
helping families build secure pathways out of
poverty while also addressing worker
shortages in one of Minnesota's most
innovative industries. Funds may be used for
program expenses, including, but not limited
to, hiring instructors and navigators; space
rental; and supportive services to help
participants attend classes, including assistance
with course fees, child care, transportation,
and safe and stable housing. In addition, up to
five percent of grant funds may be used for
Bridges to Healthcare's administrative costs.
This is a onetime appropriation and is
available until June 30, 2020.
(z) $500,000 each year is from the workforce
development fund for a grant to the Nonprofits
Assistance Fund to provide capacity-building
grants to small, culturally specific
organizations that primarily serve historically
underserved cultural communities. Grants may
only be awarded to nonprofit organizations
that have an annual organizational budget of
less than $500,000 and are culturally specific
organizations that primarily serve historically
underserved cultural communities. Grant funds
awarded must be used for:
(1) organizational infrastructure improvement,
including developing database management
systems and financial systems, or other
administrative needs that increase the
organization's ability to access new funding
sources;
(2) organizational workforce development,
including hiring culturally competent staff,
training and skills development, and other
methods of increasing staff capacity; or
(3) creation or expansion of partnerships with
existing organizations that have specialized
expertise in order to increase the capacity of
the grantee organization to improve services
for the community. Of this amount, up to five
percent may be used by the Nonprofits
Assistance Fund for administration costs and
providing technical assistance to potential
grantees. This is a onetime appropriation.
(aa) $4,050,000 each year is from the
workforce development fund for the
Minnesota youth program under Minnesota
Statutes, sections 116L.56 and 116L.561.
(bb) $1,000,000 each year is from the
workforce development fund for the
youthbuild program under Minnesota Statutes,
sections 116L.361 to 116L.366.
(cc) $3,348,000 each year is from the
workforce development fund for the "Youth
at Work" youth workforce development
competitive grant program. Of this amount,
up to five percent is for administration and
monitoring of the youth workforce
development competitive grant program. All
grant awards shall be for two consecutive
years. Grants shall be awarded in the first year.
(dd) $500,000 each year is from the workforce
development fund for the Opportunities
Industrialization Center programs.
(ee) $750,000 each year is from the workforce
development fund for a grant to Summit
Academy OIC to expand its contextualized
GED and employment placement program.
This is a onetime appropriation.
(ff) $500,000 each year is from the workforce
development fund for a grant to
Goodwill-Easter Seals Minnesota and its
partners. The grant shall be used to continue
the FATHER Project in Rochester, Park
Rapids, St. Cloud, Minneapolis, and the
surrounding areas to assist fathers in
overcoming barriers that prevent fathers from
supporting their children economically and
emotionally. This is a onetime appropriation.
(gg) $150,000 each year is from the workforce
development fund for displaced homemaker
programs under Minnesota Statutes, section
116L.96. The commissioner shall distribute
the funds to existing nonprofit and state
displaced homemaker programs. This is a
onetime appropriation.
(hh)(1) $150,000 in fiscal year 2018 is from
the workforce development fund for a grant
to Anoka County to develop and implement
a pilot program to increase competitive
employment opportunities for transition-age
youth ages 18 to 21.
(2) The competitive employment for
transition-age youth pilot program shall
include career guidance components, including
health and life skills, to encourage, train, and
assist transition-age youth in job-seeking
skills, workplace orientation, and job site
knowledge.
(3) In operating the pilot program, Anoka
County shall collaborate with schools,
disability providers, jobs and training
organizations, vocational rehabilitation
providers, and employers to build upon
opportunities and services, to prepare
transition-age youth for competitive
employment, and to enhance employer
connections that lead to employment for the
individuals served.
(4) Grant funds may be used to create an
on-the-job training incentive to encourage
employers to hire and train qualifying
individuals. A participating employer may
receive up to 50 percent of the wages paid to
the employee as a cost reimbursement for
on-the-job training provided.
(ii) $500,000 each year is from the workforce
development fund for rural career counseling
coordinator positions in the workforce service
areas and for the purposes specified in
Minnesota Statutes, section 116L.667. The
commissioner of employment and economic
development, in consultation with local
workforce investment boards and local elected
officials in each of the service areas receiving
funds, shall develop a method of distributing
funds to provide equitable services across
workforce service areas.
(jj) In calendar year 2017, the public utility
subject to Minnesota Statutes, section
116C.779, must withhold $1,000,000 from the
funds required to fulfill its financial
commitments under Minnesota Statutes,
section 116C.779, subdivision 1, and pay such
amounts to the commissioner of employment
and economic development for deposit in the
Minnesota 21st century fund under Minnesota
Statutes, section 116J.423.
(kk) $350,000 in fiscal year 2018 is for a grant
to AccessAbility Incorporated to provide job
skills training to individuals who have been
released from incarceration for a felony-level
offense and are no more than 12 months from
the date of release. AccessAbility Incorporated
shall annually report to the commissioner on
how the money was spent and the results
achieved. The report must include, at a
minimum, information and data about the
number of participants; participant
homelessness, employment, recidivism, and
child support compliance; and training
provided to program participants.
Sec. 6.
Laws 2017, chapter 94, article 1, section 4, subdivision 5, is amended to read:
Subd. 5.General Support | 6,239,000 | 6,539,000 | ||||
| Appropriations by Fund | ||
| Workforce Development Fund | 200,000 | 500,000 |
| Workers' Compensation | 6,039,000 | 6,039,000 |
(a) Except as provided in paragraphs (b) and
(c), this appropriation is from the workers'
compensation fund.
(b) $200,000 in fiscal year 2018 is from the
workforce development fund for the
commissioner of labor and industry to convene
and collaborate with stakeholders as provided
under Minnesota Statutes, section 175.46,
subdivision 3, and to develop youth skills
training competencies for approved
occupations. This is a onetime appropriation.
(c) $500,000 in fiscal year 2019 is from the
workforce development fund to administer the
youth skills training program under Minnesota
Statutes, section 175.46. The commissioner
shall award up to five grants each year to local
partnerships located throughout the state, not
to exceed $100,000 per local partnership grant.
The commissioner may use deleted text begin a portiondeleted text end new text begin up to
five percent new text end of this appropriation for
administration of the grant program. The base
amount for this program is deleted text begin $500,000deleted text end new text begin
$1,000,000new text end each year beginning in fiscal year
2020.
Sec. 7.
Laws 2017, chapter 94, article 1, section 6, is amended to read:
Sec. 6. WORKERS' COMPENSATION COURT | $ | 1,913,000 | $ | deleted text begin 1,913,000deleted text end new text begin 1,946,000 new text end | ||
This appropriation is from the workers'
compensation fund.
Sec. 8.
Laws 2017, chapter 94, article 1, section 7, subdivision 7, is amended to read:
Subd. 7.Energy Resources | 4,847,000 | 4,847,000 | ||||
| Appropriations by Fund | ||
| General | 4,247,000 | 4,247,000 |
| Special Revenue | 600,000 | 600,000 |
(a) $150,000 each year is to remediate
vermiculate insulation from households that
are eligible for weatherization assistance under
Minnesota's weatherization assistance program
state plan under Minnesota Statutes, section
216C.264. Remediation must be done in
conjunction with federal weatherization
assistance program services.
(b) $832,000 each year is for energy regulation
and planning unit staff.
(c) $100,000 each year is from the renewable
development account in the special revenue
fund established in Minnesota Statutes, section
116C.779, subdivision 1, to administer the
"Made in Minnesota" solar energy production
incentive program in Minnesota Statutes,
section 216C.417. Any remaining unspent
funds cancel back to the renewable
development account at the end of the
biennium.
deleted text begin (d) $500,000 each year is from the renewable
development account in the special revenue
fund established in Minnesota Statutes, section
116C.779, subdivision 1, for costs associated
with any third-party expert evaluation of a
proposal submitted in response to a request
for proposal to the renewable development
advisory group under Minnesota Statutes,
section 116C.779, subdivision 1, paragraph
(l). No portion of this appropriation may be
expended or retained by the commissioner of
commerce. Any funds appropriated under this
paragraph that are unexpended at the end of a
fiscal year cancel to the renewable
development account.
deleted text end
Sec. 9.
Laws 2017, chapter 94, article 1, section 9, is amended to read:
Sec. 9. PUBLIC FACILITIES AUTHORITY | $ | 1,800,000 | $ | -0- | ||
(a) $300,000 in fiscal year 2018 is for a grant
to the city of New Trier to replace water
infrastructure under Hogan Avenue, including
related road reconstruction, and to acquire land
for predesign, design, and construction of a
storm water pond that will be colocated with
the pond of the new subdivision. This
appropriation does not require a nonstate
contribution.
(b) $600,000 in fiscal year 2018 is for a grant
to the Ramsey/Washington Recycling and
Energy Board to design, construct, and equip
capital improvements to the
Ramsey/Washington Recycling and Energy
Center in Newport.
(c) $900,000 in fiscal year 2018 is for a grant
to the Clear Lake-Clearwater Sewer Authority
to remove and replace the existing wastewater
treatment facility. This project is intended to
prevent the discharge of phosphorus into the
Mississippi River. This appropriation is not
available until the commissioner of
management and budget determines that at
least $200,000 is committed to the project
from nonstate sources and the authority has
applied for at least two grants to offset the
cost. An amount equal to any grant money
received by the authority must be returned to
the general fund.new text begin This appropriation is
available until June 30, 2019.
new text end
ARTICLE 7
ECONOMIC DEVELOPMENT
Section 1.
Minnesota Statutes 2017 Supplement, section 298.227, is amended to read:
298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
An amount equal to that distributed pursuant to each taconite producer's taxable
production and qualifying sales under section 298.28, subdivision 9a, shall be held by the
commissioner of Iron Range resources and rehabilitation in a separate taconite economic
development fund for each taconite and direct reduced ore producer. Money from the fund
for each producer shall be released by the commissioner after review by a joint committee
consisting of an equal number of representatives of the salaried employees and the
nonsalaried production and maintenance employees of that producer. The District 11 director
of the United States Steelworkers of America, on advice of each local employee president,
shall select the employee members. In nonorganized operations, the employee committee
shall be elected by the nonsalaried production and maintenance employees. The review
must be completed no later than six months after the producer presents a proposal for
expenditure of the funds to the committee. The funds held pursuant to this section may be
released only for workforce development deleted text begin and associated public facility improvementdeleted text end ,
concurrent reclamation, deleted text begin or for acquisition ofdeleted text end plant and stationary mining equipment and
facilities for the producer or for research and development in Minnesota on new mining, or
taconite, iron, or steel production technology, but only if the producer provides a matching
expenditure equal to the amount of the distribution to be used for the same purpose deleted text begin beginning
with distributions in 2014. Effective for proposals for expenditures of money from the fund
beginning May 26, 2007, the commissioner may not release the funds before the next
scheduled meeting of the boarddeleted text end . If a proposed expenditure is not approved by the
commissioner, after consultation with the advisory board, the funds must be deposited in
the Taconite Environmental Protection Fund under sections 298.222 to 298.225. If a taconite
production facility is sold after operations at the facility had ceased, any money remaining
in the fund for the former producer may be released to the purchaser of the facility on the
terms otherwise applicable to the former producer under this section. If a producer fails to
provide matching funds for a proposed expenditure within six months after the commissioner
approves release of the funds, the funds deleted text begin are available for release to another producer in
proportion to the distribution provided and under the conditions of this sectiondeleted text end new text begin may be
released by the commissioner for deposit in the taconite area environmental protection fund
created in section 298.223new text end . Any portion of the fund which is not released by the commissioner
within one year of its deposit in the fund shall be deleted text begin divided betweendeleted text end new text begin distributed to new text end the taconite
environmental protection fund deleted text begin created in section 298.223 and the Douglas J. Johnson
economic protection trust fund created in section 298.292 for placement in their respective
special accounts. Two-thirds of the unreleased funds shall be distributed to the taconite
environmental protection fund and one-third to the Douglas J. Johnson economic protection
trust funddeleted text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2016, section 298.28, subdivision 9a, is amended to read:
Subd. 9a.
Taconite economic development fund.
(a) 25.1 cents per ton for distributions
in 2002 and thereafter must be paid to the taconite economic development fund. No
distribution shall be made under this paragraph in 2004 or any subsequent year in which
total industry production falls below 30 million tons. Distribution shall only be made to a
new text begin Minnesota new text end taconite new text begin pellet new text end producer's fund under section 298.227 if the producer timely pays
its tax under section 298.24 by the dates provided under section 298.27, or pursuant to the
due dates provided by an administrative agreement with the commissioner.
(b) An amount equal to 50 percent of the tax under section 298.24 for concentrate sold
in the form of pellet chips and fines not exceeding 5/16 inch in size and not including crushed
pellets shall be paid to the taconite economic development fund. The amount paid shall not
exceed $700,000 annually for all deleted text begin companiesdeleted text end new text begin Minnesota taconite pellet producersnew text end . If the
initial amount to be paid to the fund exceeds this amount, each deleted text begin company'sdeleted text end new text begin Minnesota taconite
pellet producer'snew text end payment shall be prorated so the total does not exceed $700,000.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective retroactively from December 31, 2016.
new text end
Sec. 3.
Minnesota Statutes 2016, section 465.73, is amended to read:
465.73 LOAN FROM, SECURED BY U.S. AGRICULTURE DEPARTMENT
AGENCY.
For purposes of constructing, repairing, or acquiring city halls, town halls, fire halls or
fire or rescue equipment, or libraries or child care facilities if otherwise authorized by law,
a new text begin statutory city, home rule charter new text end city, county, or town may borrow not to exceed deleted text begin $450,000deleted text end new text begin
$750,000new text end from (i) funds granted to a rural electric cooperative organized under chapter
308A by the United States Department of Agriculture Rural Business-Cooperative Service
or (ii) directly from or in the form of funds guaranteed by the Rural Housing Service or
other agency of the United States Department of Agriculture by a note secured by a mortgage
or other security agreement on the property purchased with the borrowed funds. The city,
county, or town may pledge its full faith and credit and assign or pledge the revenues, if
any, from the facilities or equipment so financed together with any other properly available
funds to secure the loan. The obligation of the note is not to be included when computing
the net debt of the city, county, or town, nor is the approval of the voters required for the
issuance of the note.
Sec. 4. new text begin TRANSFER 2018 DISTRIBUTION ONLY.
new text end
new text begin For the 2018 distribution, the fund established under Minnesota Statutes, section 298.28,
subdivision 7, shall receive ten cents per ton of any excess of the balance remaining after
distribution of amounts required under Minnesota Statutes, section 298.28, subdivision 6.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective for the 2018 distribution, and the transfer
must be made within ten days of the August 2018 payment.
new text end
Sec. 5. new text begin DISLOCATED WORKER RAPID RESPONSE ACTIVITY.
new text end
new text begin Notwithstanding anything to the contrary, of the money appropriated to the Job Skills
Partnership Board for the purposes of Minnesota Statutes, section 116L.17, under Minnesota
Statutes, section 116L.20, subdivision 2, at least $650,000 in fiscal year 2019 is for a grant
to Career Solutions in St. Cloud to address the substantial anticipated job losses at the
Electrolux plant in St. Cloud. These services shall be provided by Career Solutions. Grant
funds may be used according to Minnesota Statutes, section 116L.17, subdivision 4,
including, but not limited to, GED programs, English language courses, computer literacy
efforts, and training in the manufacturing and construction trades. In addition, the
commissioner of employment and economic development is directed to take all necessary
steps, including application for any required federal waivers, to begin providing services
to affected workers before December 31, 2018.
new text end
Sec. 6. new text begin REVISOR'S INSTRUCTION; PROGRAM NAME CLARIFICATION.
new text end
new text begin In Minnesota Statutes, the revisor of statutes shall change the term "Minnesota investment
fund" to "North Star Disaster Contingency Account" wherever it is apparent from context
that the term "Minnesota investment fund" refers to the program under Minnesota Statutes,
section 116J.8731, subdivisions 8 and 9.
new text end
ARTICLE 8
LABOR AND INDUSTRY
Section 1.
Minnesota Statutes 2017 Supplement, section 175.46, subdivision 13, is amended
to read:
Subd. 13.
Grant awards.
(a) new text begin The commissioner shall award grants to local partnerships
located throughout the state, not to exceed $100,000 per local partnership grant. The
commissioner may use up to five percent of this amount for administration of the grant
program.
new text end
new text begin (b) new text end A local partnership awarded a grant under this section must use the grant award for
any of the following implementation and coordination activities:
(1) recruiting additional employers to provide on-the-job training and supervision for
student learners and providing technical assistance to those employers;
(2) recruiting students to participate in the local youth skills training program, monitoring
the progress of student learners participating in the program, and monitoring program
outcomes;
(3) coordinating youth skills training activities within participating school districts and
among participating school districts, postsecondary institutions, and employers;
(4) coordinating academic, vocational and occupational learning, school-based and
work-based learning, and secondary and postsecondary education for participants in the
local youth skills training program;
(5) coordinating transportation for student learners participating in the local youth skills
training program; and
(6) any other implementation or coordination activity that the commissioner may direct
or permit the local partnership to perform.
deleted text begin (b)deleted text end new text begin (c) new text end Grant awards may not be used to directly or indirectly pay the wages of a student
learner.
Sec. 2.
Minnesota Statutes 2016, section 326B.106, subdivision 9, is amended to read:
Subd. 9.
Accessibility.
(a) Public buildings. The code must deleted text begin provide for makingdeleted text end new text begin require
new new text end public buildingsdeleted text begin constructed or remodeled after July 1, 1963deleted text end , new text begin and existing public
buildings when remodeled, to be new text end accessible to and usable by persons with disabilitiesdeleted text begin ,
although this does not require the remodeling of public buildings solely to provide
accessibility and usability to persons with disabilities when remodeling would not otherwise
be undertakendeleted text end .
(b) Leased space. No agency of the state may lease space for agency operations in a
non-state-owned building unless the building satisfies the requirements of the State Building
Code for accessibility by persons with disabilities, or is eligible to display the state symbol
of accessibility. This limitation applies to leases of 30 days or more for space of at least
1,000 square feet.
(c) Meetings or conferences. Meetings or conferences for the public or for state
employees which are sponsored in whole or in part by a state agency must be held in
buildings that meet the State Building Code requirements relating to accessibility for persons
with disabilities. This subdivision does not apply to any classes, seminars, or training
programs offered by the Minnesota State Colleges and Universities or the University of
Minnesota. Meetings or conferences intended for specific individuals none of whom need
the accessibility features for persons with disabilities specified in the State Building Code
need not comply with this subdivision unless a person with a disability gives reasonable
advance notice of an intent to attend the meeting or conference. When sign language
interpreters will be provided, meetings or conference sites must be chosen which allow
participants who are deaf or hard-of-hearing to see the sign language interpreters clearly.
(d) Exemptions. The commissioner may grant an exemption from the requirements of
paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts
were made to secure facilities which complied with those requirements and if the selected
facilities are the best available for access for persons with disabilities. Exemptions shall be
granted using criteria developed by the commissioner in consultation with the Council on
Disability.
(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by persons with disabilities. In the interests
of uniformity, this symbol is the sole symbol for display in or on all public or private
buildings, facilities, and grounds which qualify for its use. The secretary of state shall obtain
the symbol and keep it on file. No building, facility, or grounds may display the symbol
unless it is in compliance with the rules adopted by the commissioner under subdivision 1.
Before any rules are proposed for adoption under this paragraph, the commissioner shall
consult with the Council on Disability. Rules adopted under this paragraph must be enforced
in the same way as other accessibility rules of the State Building Code.
Sec. 3.
Minnesota Statutes 2016, section 326B.815, subdivision 1, is amended to read:
Subdivision 1.
Fees.
(a) For the purposes of calculating fees under section 326B.092,
an initial or renewed residential contractor, residential remodeler, or residential roofer license
is a business license. Notwithstanding section 326B.092, the licensing fee for manufactured
home installers under section 327B.041 is deleted text begin $300deleted text end new text begin $180new text end for a three-year period.
(b) All initial and renewal licenses, except for manufactured home installer licenses,
shall be effective for two years and shall expire on March 31 of the year after the year in
which the application is made.
(c) The commissioner shall in a manner determined by the commissioner, without the
need for any rulemaking under chapter 14, phase in the renewal of residential contractor,
residential remodeler, and residential roofer licenses from one year to two years. By June
30, 2011, all renewed residential contractor, residential remodeler, and residential roofer
licenses shall be two-year licenses.
Sec. 4.
Minnesota Statutes 2016, section 327B.041, is amended to read:
327B.041 MANUFACTURED HOME INSTALLERS.
(a) Manufactured home installers are subject to all of the fees in section 326B.092 and
the requirements of sections 326B.802 to 326B.885, except for the following:
(1) manufactured home installers are not subject to the continuing education requirements
of sections 326B.0981, 326B.099, and 326B.821, but are subject to the continuing education
requirements established in rules adopted under section 327B.10;
(2) the examination requirement of section 326B.83, subdivision 3, for manufactured
home installers shall be satisfied by successful completion of a written examination
administered and developed specifically for the examination of manufactured home installers.
The examination must be administered and developed by the commissioner. The
commissioner and the state building official shall seek advice on the grading, monitoring,
and updating of examinations from the Minnesota Manufactured Housing Association;
(3) a local government unit may not place a surcharge on a license fee, and may not
charge a separate fee to installers;
(4) a dealer or distributor who does not install or repair manufactured homes is exempt
from licensure under sections 326B.802 to 326B.885;
(5) the exemption under section 326B.805, subdivision 6, clause (5), does not apply;
and
(6) manufactured home installers are not subject to the contractor recovery fund in
section 326B.89.
(b) The commissioner may waive all or part of the requirements for licensure as a
manufactured home installer for any individual who holds an unexpired license or certificate
issued by any other state or other United States jurisdiction if the licensing requirements of
that jurisdiction meet or exceed the corresponding licensing requirements of the department
and the individual complies with section 326B.092, subdivisions 1 and 3 to 7. deleted text begin For the
purposes of calculating fees under section 326B.092, licensure as a manufactured home
installer is a business license.
deleted text end
ARTICLE 9
WORKERS' COMPENSATION GENERAL
Section 1.
Minnesota Statutes 2017 Supplement, section 15A.083, subdivision 7, is
amended to read:
Subd. 7.
Workers' Compensation Court of Appeals and compensation judges.
Salaries of judges of the Workers' Compensation Court of Appeals are deleted text begin 98.52deleted text end new text begin 105new text end percent
of the salary for deleted text begin district courtdeleted text end new text begin workers' compensationnew text end judgesnew text begin of the Office of Administrative
Hearingsnew text end . The salary of the chief judge of the Workers' Compensation Court of Appeals is
deleted text begin 98.52deleted text end new text begin 107new text end percent of the salary for deleted text begin a chief district court judgedeleted text end new text begin workers' compensation judges
of the Office of Administrative Hearingsnew text end . Salaries of compensation judges are 98.52 percent
of the salary of district court judges.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2016, section 175A.05, is amended to read:
175A.05 QUORUM.
new text begin Subdivision 1.new text end
new text begin Judges' quorum.new text end
A majority of the judges of the Workers' Compensation
Court of Appeals shall constitute a quorum for the exercise of the powers conferred and the
duties imposed on the Workers' Compensation Court of Appeals except that all appeals
shall be heard by no more than a panel of three of the five judges unless the case appealed
is determined to be of exceptional importance by the chief judge prior to assignment of the
case to a panel, or by a three-fifths vote of the judges prior to assignment of the case to a
panel or after the case has been considered by the panel but prior to the service and filing
of the decision.
new text begin Subd. 2.new text end
new text begin Vacancy.new text end
A vacancy shall not impair the ability of the remaining judges of the
Workers' Compensation Court of Appeals to exercise all the powers and perform all of the
duties of the Workers' Compensation Court of Appeals.
new text begin Subd. 3.new text end
new text begin Retired judges.new text end
new text begin Where the number of Workers' Compensation Court of Appeals
judges available to hear a case is insufficient to constitute a quorum, the chief judge of the
Workers' Compensation Court of Appeals may, with the retired judge's consent, assign a
judge who is retired from the Workers' Compensation Court of Appeals or the Office of
Administrative Hearings to hear any case properly assigned to a judge of the Workers'
Compensation Court of Appeals. The retired judge assigned to the case may act on it with
the full powers of the judge of the Workers' Compensation Court of Appeals. A retired
judge performing this service shall receive pay and expenses in the amount and manner
provided by law for judges serving on the court, less the amount of retirement pay the judge
is receiving under chapter 352 or 490.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 3.
Minnesota Statutes 2016, section 176.231, subdivision 9, is amended to read:
Subd. 9.
Uses deleted text begin whichdeleted text end new text begin thatnew text end may be made of reports.
new text begin (a) new text end Reports filed with the
commissioner under this section may be used in hearings held under this chapter, and for
the purpose of state investigations and for statistics. These reports are available to the
Department of Revenue for use in enforcing Minnesota income tax and property tax refund
laws, and the information shall be protected as provided in chapter 270B.
new text begin (b) new text end The division or Office of Administrative Hearings or Workers' Compensation Court
of Appeals may permit the examination of its file by the employer, insurer, employee, or
dependent of a deceased employee or any person who furnishes deleted text begin writtendeleted text end new text begin signednew text end authorization
to do so from the employer, insurer, employee, or dependent of a deceased employee.
Reports filed under this section and other information the commissioner has regarding
injuries or deaths shall be made available to the Workers' Compensation Reinsurance
Association for use by the association in carrying out its responsibilities under chapter 79.
new text begin (c) The division may provide the worker identification number assigned under section
176.275, subdivision 1, without a signed authorization required under paragraph (b) to an:
new text end
new text begin (1) attorney who represents one of the persons described in paragraph (b);
new text end
new text begin (2) attorney who represents an intervenor or potential intervenor under section 176.361;
new text end
new text begin (3) intervenor; or
new text end
new text begin (4) employee's assigned qualified rehabilitation consultant under section 176.102.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 4.
new text begin [176.2611] COORDINATION OF THE OFFICE OF ADMINISTRATIVE
HEARINGS' CASE MANAGEMENT SYSTEM AND THE WORKERS'
COMPENSATION IMAGING SYSTEM.
new text end
new text begin Subdivision 1.new text end
new text begin Definitions.new text end
new text begin (a) For purposes of this section, the definitions in this
subdivision apply unless otherwise specified.
new text end
new text begin (b) "Commissioner" means the commissioner of labor and industry.
new text end
new text begin (c) "Department" means the Department of Labor and Industry.
new text end
new text begin (d) "Document" includes all data, whether in electronic or paper format, that is filed
with or issued by the office or department related to a claim-specific dispute resolution
proceeding under this section.
new text end
new text begin (e) "Office" means the Office of Administrative Hearings.
new text end
new text begin Subd. 2.new text end
new text begin Applicability.new text end
new text begin This section governs filing requirements pending completion
of the workers' compensation modernization program and access to documents and data in
the office's case management system, the workers' compensation Informix imaging system,
and the system that will be developed as a result of the workers' compensation modernization
program. This section prevails over any conflicting provision in this chapter, Laws 1998,
chapter 366, or corresponding rules.
new text end
new text begin Subd. 3.new text end
new text begin Documents that must be filed with the office.new text end
new text begin Except as provided in
subdivision 4 and section 176.421, all documents that require action by the office under
this chapter must be filed, electronically or in paper format, with the office as required by
the chief administrative law judge. Filing a document that initiates or is filed in preparation
for a proceeding at the office satisfies any requirement under this chapter that the document
must be filed with the commissioner.
new text end
new text begin Subd. 4.new text end
new text begin Documents that must be filed with the commissioner.new text end
new text begin (a) The following
documents must be filed directly with the commissioner in the format and manner prescribed
by the commissioner:
new text end
new text begin (1) all requests for an administrative conference under section 176.106, regardless of
the amount in dispute;
new text end
new text begin (2) a motion to intervene in an administrative conference that is pending at the department;
new text end
new text begin (3) any other document related to an administrative conference that is pending at the
department;
new text end
new text begin (4) an objection to a penalty assessed by the commissioner or the department;
new text end
new text begin (5) requests for medical and rehabilitation dispute certification under section 176.081,
subdivision 1, paragraph (c), including related documents; and
new text end
new text begin (6) except as provided in this subdivision or subdivision 3, any other document required
to be filed with the commissioner.
new text end
new text begin (b) The filing requirement in paragraph (a), clause (1), makes no changes to the
jurisdictional provisions in section 176.106. A claim petition that contains only medical or
rehabilitation issues, unless primary liability is disputed, is considered to be a request for
an administrative conference and must be filed with the commissioner.
new text end
new text begin (c) The commissioner must refer a timely, unresolved objection to a penalty under
paragraph (a), clause (4), to the office within 60 calendar days.
new text end
new text begin Subd. 5.new text end
new text begin Form revision and access to documents and data.new text end
new text begin (a) The commissioner
must revise dispute resolution forms, in consultation with the chief administrative law judge,
to reflect the filing requirements in this section.
new text end
new text begin (b) For purposes of this subdivision, "complete, read-only electronic access" means the
ability to view all data and document contents, including scheduling information, related
to workers' compensation disputes, except for the following:
new text end
new text begin (1) a confidential mediation statement, including any documents submitted with the
statement for the mediator's review;
new text end
new text begin (2) work product of a compensation judge, mediator, or commissioner that is not issued.
Examples of work product include personal notes of hearings or conferences and draft
decisions;
new text end
new text begin (3) the department's Vocational Rehabilitation Unit's case management system data;
new text end
new text begin (4) the special compensation fund's case management system data; and
new text end
new text begin (5) audit trail information.
new text end
new text begin (c) The office must be provided with continued, complete, read-only electronic access
to the workers' compensation Informix imaging system.
new text end
new text begin (d) The department must be provided with read-only electronic access to the office's
case management system, including the ability to view all data, including scheduling
information, but excluding access into filed documents.
new text end
new text begin (e) The office must send the department all documents that are accepted for filing or
issued by the office. The office must send the documents to the department, electronically
or by courier, within two business days of when the documents are accepted for filing or
issued by the office.
new text end
new text begin (f) The department must place documents that the office sends to the department in the
appropriate imaged file for the employee.
new text end
new text begin (g) The department must send the office copies of the following documents, electronically
or by courier, within two business days of when the documents are filed with or issued by
the department:
new text end
new text begin (1) notices of discontinuance;
new text end
new text begin (2) decisions issued by the department; and
new text end
new text begin (3) mediated agreements.
new text end
new text begin (h) Upon integration of the office's case management system and the department's system
resulting from the workers' compensation modernization program, each agency will be
provided with complete, read-only electronic access to the other agency's system.
new text end
new text begin (i) Each agency's responsible authority pursuant to section 13.02, subdivision 16, is
responsible for its own employees' use and dissemination of the data and documents in the
workers' compensation Informix imaging system, the office's case management system, and
the system developed as a result of the workers' compensation modernization program.
new text end
new text begin Subd. 6.new text end
new text begin Data privacy.new text end
new text begin (a) All documents filed with or issued by the department or the
office under this chapter are private data on individuals and nonpublic data pursuant to
chapter 13, except that the documents are available to the following:
new text end
new text begin (1) the office;
new text end
new text begin (2) the department;
new text end
new text begin (3) the employer;
new text end
new text begin (4) the insurer;
new text end
new text begin (5) the employee;
new text end
new text begin (6) the dependent of a deceased employee;
new text end
new text begin (7) an intervenor in the dispute;
new text end
new text begin (8) the attorney to a party in the dispute;
new text end
new text begin (9) a person who furnishes written authorization from the employer, insurer, employee,
or dependent of a deceased employee; and
new text end
new text begin (10) a person, agency, or other entity allowed access to the documents under this chapter
or other law.
new text end
new text begin (b) The office and department may post notice of scheduled proceedings on the agencies'
Web sites and at their principal places of business in any manner that protects the employee's
identifying information.
new text end
new text begin Subd. 7.new text end
new text begin Workers' Compensation Court of Appeals.new text end
new text begin The Workers' Compensation
Court of Appeals has authority to amend its rules of procedure to reflect electronic filing
with the office under this section for purposes of section 176.421, subdivision 5, and to
allow electronic filing with the court under section 176.285. The court may amend its rules
using the procedure in section 14.389.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 5.
Laws 2017, chapter 94, article 1, section 6, is amended to read:
Sec. 6. WORKERS' COMPENSATION COURT | $ | 1,913,000 | $ | deleted text begin 1,913,000 deleted text end new text begin 1,946,000 new text end | ||
This appropriation is from the workers'
compensation fund.
ARTICLE 10
HOSPITAL OUTPATIENT FEE SCHEDULE
Section 1.
new text begin [176.1364] WORKERS' COMPENSATION HOSPITAL OUTPATIENT
FEE SCHEDULE.
new text end
new text begin Subdivision 1.new text end
new text begin Definitions.new text end
new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end
new text begin (b) "Addendum A" means the addendum entitled "OPPS APCs for CY 2018," or its
successor, developed by the Centers for Medicare and Medicaid Services (Medicare) for
use in the Medicare Hospital Outpatient Prospective Payment System (OPPS) system under
Code of Federal Regulations, title 42, part 419, as may be amended from time to time.
new text end
new text begin (c) "Addendum B" means the addendum entitled "OPPS Payment by HCPCS Codes for
CY 2018," or its successor, developed by the Centers for Medicare and Medicaid Services
(Medicare) for use in the Medicare Hospital Outpatient Prospective Payment System (OPPS)
system under Code of Federal Regulations, title 42, part 419, as may be amended from time
to time.
new text end
new text begin (d) "HCPCS code" means a numeric or alphanumeric code included in the Centers for
Medicare and Medicaid Services' Healthcare Common Procedure Coding System. A HCPCS
code is used to identify a specific medical service.
new text end
new text begin (e) "Hospital" means a facility that is licensed by the Department of Health under section
144.50.
new text end
new text begin (f) "HOFS" means the workers' compensation hospital outpatient fee schedule established
under subdivision 3.
new text end
new text begin (g) "Insurer" includes workers' compensation insurers and self-insured employers.
new text end
new text begin (h) "Services" includes articles, supplies, procedures, and implantable devices provided
by the hospital with the service. Services are identified by a code described in subdivision
3.
new text end
new text begin Subd. 2.new text end
new text begin Applicability.new text end
new text begin (a) This section only applies to payment of charges for hospital
outpatient services if the charges include a service listed in the workers' compensation
hospital outpatient fee schedule established by the commissioner under subdivision 3. If
the charges do not include a service listed in the HOFS, payment shall be:
new text end
new text begin (1) the liability for each service that is included in the workers' compensation relative
value fee schedule as provided in section 176.136, subdivision 1a, and corresponding rules
adopted by the commissioner to implement the relative value fee schedule; or
new text end
new text begin (2) the liability as provided in section 176.136, subdivision 1b, paragraphs (b) and (c),
for each service that is not included in the workers' compensation relative value fee schedule.
new text end
new text begin (b) This section does not apply to outpatient services provided at a hospital that is certified
by Medicare as a critical access hospital. Outpatient services provided by these hospitals
shall be paid as provided in section 176.136, subdivision 1b, paragraph (a).
new text end
new text begin Subd. 3.new text end
new text begin Hospital outpatient fee schedule (HOFS).new text end
new text begin (a) Effective for hospital outpatient
services on or after October 1, 2018, the commissioner shall establish a workers'
compensation hospital outpatient fee schedule (HOFS) to establish the payment for hospital
bills with charges for services with a J1 or J2 status indicator as listed in the status indicator
(SI) column of Addendum B and the comprehensive observation services Ambulatory
Payment Classification (APC) 8011 with a J2 status indicator in Addendum A. The
commissioner shall publish a link to the HOFS in the State Register before October 1, 2018,
and shall maintain the current HOFS on the department's Web site.
new text end
new text begin (b) The amount listed for each of the procedures in the HOFS as described in paragraph
(a) shall be the relative weight for the procedure multiplied by a HOFS conversion factor
that results in the same overall payment for hospital outpatient services under this section
as the actual payments made in the most recent 12-month period available before the effective
date of this section. The commissioner must establish separate conversion factors to achieve
the same overall payment for noncritical access hospitals of 100 or fewer licensed beds and
hospitals with more than 100 licensed beds. The commissioner shall establish the two
conversion factors according to the requirements in clauses (1) to (4) in consultation with
insurer and hospital representatives.
new text end
new text begin (1) The commissioner shall obtain a suitable sample of de-identified data for Minnesota
workers' compensation outpatient cases at Minnesota hospitals for the most recently available
12-month period. The commissioner may obtain de-identified data from any reliable source,
including Minnesota hospitals and insurers, or their representatives. Any data provided to
the commissioner by a hospital, insurer, or their representative under this subdivision is
nonpublic data under section 13.02, subdivision 9.
new text end
new text begin (2) The sample must be divided into a data set for hospitals over 100 licensed beds, and
100 or fewer licensed beds, excluding critical access hospitals.
new text end
new text begin (3) For each data set the commissioner shall:
new text end
new text begin (i) calculate the total amount of the actual payments made in the most recent 12-month
period available before the effective date of this section, adjusted for inflation to July 2018;
and
new text end
new text begin (ii) apply all of the payment provisions in this section to each claim including, as
applicable, payment under the relative value fee schedule or 85 percent of the hospital's
usual and customary charge under section 176.136, subdivisions 1a and 1b, to determine
the total payment amount using the Medicare conversion factor in effect for the OPPS in
effect on July 1, 2018.
new text end
new text begin (4) The commissioner shall calculate the Minnesota conversion factor to equal the
Medicare conversion factor multiplied by the ratio of total payments under clause (3), item
(i), divided by the total payments under clause (3), item (ii).
new text end
new text begin (c) For purposes of this section:
new text end
new text begin (1) the relative weight is the amount in the "relative weight" column in Addendum B
and Addendum A for comprehensive observation services.
new text end
new text begin (2) references to J1, J2, and H status indicators; Addenda A and B; APC 8011; and
HCPCS code G0378 includes any successor status indicators, addenda, APC, or HCPCS
code established by the Centers for Medicare and Medicaid Services.
new text end
new text begin (d) On October 1 of each year, the commissioner shall adjust the HOFS conversion
factors based on the market basket index for inpatient hospital services calculated by
Medicare and published on its Web site. The adjustment on each October 1 shall be a
percentage equal to the value of that index averaged over the four quarters of the most recent
calendar year divided by the value of that index over the four quarters of the prior calendar
year.
new text end
new text begin (e) No later than October 1, 2021, and at least once every three years thereafter, the
commissioner shall update the HOFS established under this subdivision by incorporating
services with a J1 or J2 status indicator, and the corresponding relative weights, listed in
the Addenda A and B most recently available on Medicare's Web site as of the preceding
July 1. If Addenda A and B are not available on Medicare's Web site on the preceding July
1, the HOFS most recently published on the department's Web site remains in effect.
new text end
new text begin (1) Each time the HOFS is updated under this paragraph, the commissioner shall adjust
the conversion factors so that there is no difference between the overall payment under the
new HOFS and the overall payment under the HOFS most recently in effect, for services
in both HOFSs.
new text end
new text begin (2) The conversion factor adjustments under this paragraph shall be made separately for
each hospital category in paragraph (b).
new text end
new text begin (3) The conversion factor adjustments under this paragraph must be made before making
any additional adjustment under paragraph (d).
new text end
new text begin (f) The commissioner shall give notice in the State Register of the adjusted conversion
factor in paragraph (d) no later than October 1 annually. The commissioner shall give notice
in the State Register of an updated HOFS under paragraph (e) no later than October 1 of
the year in which the HOFS becomes effective. The notice must include a link to the HOFS
published on the department's Web site. The notices, the updated fee schedules, and the
adjusted conversion factors are not rules subject to chapter 14, but have the force and effect
of law as of the effective date published in the State Register.
new text end
new text begin Subd. 4.new text end
new text begin Payment under the hospital outpatient fee schedule.new text end
new text begin (a) Services in the
HOFS, and other hospital outpatient services provided with or as part of service in the
HOFS, are paid according to paragraphs (b) and (c).
new text end
new text begin (b) If a hospital bill includes a charge for one or more services with a J1 status indicator,
payment shall be as provided in this paragraph.
new text end
new text begin (1) If the bill includes a charge for only one service with only a J1 status indicator,
payment shall be the amount listed in the HOFS for that service, regardless of the amount
charged by the hospital.
new text end
new text begin (2) If the bill includes charges for more than one service with a J1 status indicator, the
service with the highest listed fee in the HOFS shall be paid at 100 percent of the listed fee.
Each additional service listed in the hospital outpatient fee shall be paid at 50 percent of
the listed fee. Payment under this clause shall be based on the applicable percentage of the
listed fee, regardless of the amount charged by the hospital.
new text end
new text begin (3) If the bill includes an additional charge for a service that does not have a J1 status
indicator listed in the HOFS, no separate payment is made for the additional service. Payment
for the additional service, including any service with a J2 status indicator, is packaged into
and is not paid separately from the payment amount listed in the HOFS for the service with
the J1 status indicator. Implantable devices are paid separately only as provided in subdivision
5.
new text end
new text begin (4) The insurer must not deny payment for any additional service packaged into payment
for a service listed in the HOFS on the basis that the additional service was not reasonably
required or causally related to an admitted work injury.
new text end
new text begin (c) If a hospital bill includes one or more charges for services with a J2 status indicator,
and does not include any charges for services with a J1 status indicator, payment shall be
as provided in this paragraph.
new text end
new text begin (1) Except for services packaged into an observation service as provided in clause (4),
payment for each service with a J2 status indicator shall be the amount listed in the HOFS,
regardless of the amount charged by the hospital.
new text end
new text begin (2) If a service without a HCPCS code is billed with a service with a J2 status indicator,
payment is packaged into the payment for the J2 service.
new text end
new text begin (3) Payment for drugs with a HCPCS code is separate from payment for the service with
the J2 code as provided in this clause.
new text end
new text begin (i) If the drug is delivered by injection or infusion, payment for the drug is packaged
into payment for the injection or infusion service.
new text end
new text begin (ii) If the drug is not delivered by injection or infusion, payment for the drug is paid at
the Medicare Average Sales Price (ASP) of the drug on the day the drug is dispensed. No
later than October 1, 2018, and October 1 of each subsequent year, the commissioner must
publish on the department's Web site a link to the ASP most recently available as of the
preceding July 1. If no ASP is available, the most recently posted ASP linked on the
department's Web site remains in effect.
new text end
new text begin (4) If a bill includes eight or more units of service with the HCPCS code G0378
(observation services, per hour), and there is a physician's or dentist's order for observation,
payment shall be the amount listed in the HOFS for the comprehensive observation services
Ambulatory Payment Classification 8011, regardless of the amount charged by the hospital.
All other services billed by the hospital, including other services with a J2 status indicator,
are packaged into the payment amount and are not paid separately from the payment amount
listed in the fee schedule for HCPCS code G0378.
new text end
new text begin (5) For any other service on the same bill as the service with a J2 status indicator, payment
shall be as provided in subdivision 2, paragraph (a).
new text end
new text begin Subd. 5.new text end
new text begin Implantable devices.new text end
new text begin The maximum fee for any service in the HOFS includes
payment for all implantable devices, even if the Medicare OPPS would otherwise allow
separate payment for the implantable device. However, separate payment in the amount of
85 percent of the hospital's usual and customary charge for an implantable device is allowed
if the implantable device:
new text end
new text begin (1) has an H status indicator in Addendum B;
new text end
new text begin (2) is properly charged on a bill with a service with a J1 status indicator in the HOFS;
and
new text end
new text begin (3) is properly billed with another HCPCS code, if required by Medicare's OPPS system.
new text end
new text begin The commissioner shall update the HOFS each October 1 to include any HCPCS codes that
are payable under this section according to the Addendum B most recently available on the
preceding July 1.
new text end
new text begin Subd. 6.new text end
new text begin Study.new text end
new text begin (a) The commissioner shall conduct a study analyzing the percentage
of claims with a service in the HOFS that were paid timely and the percentage of claims
paid accurately. The commissioner must report the results of the study and recommendations
to the Workers' Compensation Advisory Council and chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over workers'
compensation by January 15, 2021.
new text end
new text begin (b) Based on the results of the study, the WCAC shall consider whether there is a
minimum 80 percent compliance in timeliness and accuracy of payments, and additional
statutory amendments, including but not limited to:
new text end
new text begin (1) a maximum ten percent reduction in payments under the HOFS; and
new text end
new text begin (2) an increase in indemnity benefits to injured workers.
new text end
new text begin Subd. 7.new text end
new text begin Rulemaking.new text end
new text begin The commissioner may adopt or amend rules, using the authority
in section 14.386, paragraph (a), to implement this section. The rules are not subject to
expiration under section 14.386, paragraph (b).
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective for hospital outpatient services provided
on or after October 1, 2018.
new text end
ARTICLE 11
OUTPATIENT BILLING, PAYMENT, AND DISPUTE RESOLUTION
Section 1.
Minnesota Statutes 2016, section 176.136, subdivision 1b, is amended to read:
Subd. 1b.
Limitation of liability.
(a) The liability of the employer for treatment, articles,
and supplies provided to an employee while an inpatient or outpatient at a Critical Access
Hospital certified by the Centers for Medicare and Medicaid Servicesdeleted text begin , or while an outpatient
at a hospital with 100 or fewer licensed beds,deleted text end shall be the hospital's usual and customary
charge, unless the charge is determined by the commissioner or a compensation judge to
be unreasonably excessive.
(b) The liability of the employer for the treatment, articles, and supplies that are not
limited by paragraph (a), subdivision 1adeleted text begin ,deleted text end new text begin ornew text end 1c, deleted text begin ordeleted text end section 176.1362new text begin , 176.1363, or 176.1364,new text end
shall be limited to 85 percent of the provider's usual and customary charge, or 85 percent
of the prevailing charges for similar treatment, articles, and supplies furnished to an injured
person when paid for by the injured person, whichever is lowernew text begin , except as provided in
paragraph (e)new text end . On this basis, the commissioner or compensation judge may determine the
reasonable value of all treatment, services, and supplies, and the liability of the employer
is limited to that amount. The commissioner may by rule establish the reasonable value of
a service, article, or supply in lieu of the 85 percent limitation in this paragraph. A prevailing
charge established under Minnesota Rules, part 5221.0500, subpart 2, must be based on no
more than two years of billing data immediately preceding the date of the service.
(c) The limitation of liability for charges provided by paragraph (b) does not apply to a
nursing home that participates in the medical assistance program and whose rates are
established by the commissioner of human services.
(d) An employer's liability for treatment, articles, and supplies provided under this chapter
by a health care provider located outside of Minnesota is limited to the payment that the
health care provider would receive if the treatment, article, or supply were paid under the
workers' compensation law of the jurisdiction in which the treatment was provided.
new text begin (e) The limitation of the employer's liability based on 85 percent of prevailing charge
does not apply to charges by an ambulatory surgical center as defined in section 176.1363,
subdivision 1, paragraph (b), or a hospital as defined in section 176.1364, subdivision 1,
paragraph (e).
new text end
new text begin (f) For purposes of this chapter, "inpatient" means a patient that has been admitted to a
hospital by an order from a physician or dentist. If there is no inpatient admission order,
the patient is deemed an outpatient. The hospital must provide documentation of an inpatient
order upon the request of the employer.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective for treatment, articles, and supplies
provided on or after October 1, 2018.
new text end
Sec. 2.
new text begin [176.1365] OUTPATIENT BILLING, PAYMENT, AND DISPUTE
RESOLUTION.
new text end
new text begin Subdivision 1.new text end
new text begin Scope.new text end
new text begin This section applies to billing, payment, and dispute resolution
for services provided by an ambulatory surgical center (ASC) under section 176.1363 and
hospital outpatient services under section 176.1364. For purposes of this section, "insurer"
includes self-insured employer and "services" is as defined in section 176.1364.
new text end
new text begin Subd. 2.new text end
new text begin Outpatient billing, coding, and prior notification.new text end
new text begin (a) Ambulatory surgical
centers and hospitals must bill workers' compensation insurers for services governed by
sections 176.1363 and 176.1364 using the same codes, formats, and details that are required
for billing the Medicare program, including coding consistent with the American Medical
Association Current Procedural Terminology coding system and Medicare's Ambulatory
Surgical Center Payment System, Outpatient Prospective Payment System, Outpatient Code
Editor, Healthcare Current Procedural Terminology Coding System, and the National Correct
Coding Initiative Policy Manual for Medicare Services and associated Web page and tables.
new text end
new text begin (b) All charges for ASC or hospital outpatient fee schedule services governed by sections
176.1363 and 176.1364 must be submitted to the insurer on the appropriate electronic
transaction required by section 176.135, subdivisions 7 and 7a. ASCs must submit charges
on the electronic 837P form. ASCs must not separately bill for the services and items
included in the ASC facility fee under Code of Federal Regulations, title 42, section
416.164(a). Minnesota Rules, part 5221.4033, subpart 1a, does not apply to ASCs under
this section, but does apply to hospital outpatient facility fees to the extent they are not
covered by the hospital outpatient fee schedule under section 176.1364.
new text end
new text begin (c) Hospitals, ASCs, and insurers must comply with the prior notification and approval
or authorization requirements specified in Minnesota Rules, part 5221.6050, subpart 9. Prior
notification may be provided by either the hospital, ASC, or the surgeon. For purposes of
prior notification under Minnesota Rules, part 5221.6050, subpart 9, "inpatient" has the
meaning as provided under section 176.136, subdivision 1b, paragraph (d).
new text end
new text begin (d) ASC or hospital bills must be submitted to insurers as required by section 176.135,
subdivisions 7 and 7a, and within the time period required by section 62Q.75, subdivision
3. Insurers must respond to the initial bill as provided in section 176.135, subdivisions 6
and 7a. Copies of any records or reports relating to the items for which payment is sought
are separately payable as provided in section 176.135, subdivision 7, paragraph (a).
new text end
new text begin Subd. 3.new text end
new text begin ASC or hospital request for reconsideration; insurer response; time frames.
new text end
new text begin (a) Following receipt of the insurer's explanation of review (EOR) or explanation of benefits
(EOB), the ASC or hospital may request reconsideration of a payment denial or reduction.
The ASC or hospital must submit its request for reconsideration in writing to the insurer
within one year of the date of the EOR or EOB.
new text end
new text begin (b) The insurer must issue a written response to the ASC or hospital's request for
reconsideration within 30 days, as provided in section 176.135, subdivision 6. The written
response must address the issues raised by the request for reconsideration and not simply
reiterate the information on the EOR or EOB.
new text end
new text begin Subd. 4.new text end
new text begin Insurer request for reimbursement of overpayment; time frame.new text end
new text begin If the
payer determines it has overpaid an ASC or hospital's charges based on workers'
compensation statutes and rules, the payer must submit its request for reimbursement in
writing to the ASC or hospital within one year of the date of the payment.
new text end
new text begin Subd. 5.new text end
new text begin Medical requests for administrative conference; time frame to file.new text end
new text begin (a) An
ASC, hospital, or insurer must notify the provider or payer, as applicable, of its intent to
file a medical request for an administrative conference under section 176.106 at least 20
days before filing one with the department. The insurer, or the ASC or hospital if permitted
by section 176.136, subdivision 2, must file the medical request for an administrative
conference no later than the latest of:
new text end
new text begin (1) one year after the date of the initial EOR or EOB if the ASC or hospital does not
request a reconsideration of a payment denial or reduction under subdivision 3;
new text end
new text begin (2) one year after the date of the insurer's response to the ASC or hospital's request for
reconsideration under subdivision 3; or
new text end
new text begin (3) one year after the insurer's request for reimbursement of an overpayment from an
ASC or hospital under subdivision 4.
new text end
new text begin (b) Paragraph (a) does not prohibit an employee from filing a medical request for
assistance or claim petition for the payment denied or reduced by the insurer. However, the
ASC or hospital may not bill the employee for the denied or reduced payment when
prohibited by this chapter.
new text end
new text begin Subd. 6.new text end
new text begin Interest.new text end
new text begin (a) An insurer must pay the ASC or hospital interest at an annual rate
of four percent if it is determined that the insurer is liable for additional ASC or hospital
charges following a denial of payment. Interest is payable by the insurer on the additional
amount owed from the date payment was due.
new text end
new text begin (b) An ASC or hospital must pay the insurer interest at an annual rate of four percent if
it is determined that the hospital owes the insurer reimbursement following the insurer's
request for reimbursement of an overpayment. Interest is payable by the ASC or hospital
on the amount of the overpayment from the date the overpayment was made.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective for services provided on or after October
1, 2018.
new text end
ARTICLE 12
AMBULATORY SURGICAL CENTERS
Section 1.
new text begin [176.1363] AMBULATORY SURGICAL CENTER PAYMENT.
new text end
new text begin Subdivision 1.new text end
new text begin Definitions.new text end
new text begin (a) For the purpose of this section, the terms defined in this
subdivision have the meanings given them.
new text end
new text begin (b) "Ambulatory surgical center" or "ASC" means a facility that is: (1) certified as an
ASC by the Centers for Medicare and Medicaid Services; or (2) licensed by the Department
of Health as a freestanding outpatient surgical center and not owned by a hospital.
new text end
new text begin (c) "Conversion factor" means the Medicare ambulatory surgical center payment system
(ASCPS) conversion factor used for ASCs that meet the Medicare quality reporting
requirements, whether or not the ASC submitting the bill has met the quality reporting
requirements.
new text end
new text begin (d) "Covered surgical procedures and ancillary services" means the procedures listed in
ASCPS, addendum AA, and the ancillary services integral to covered surgical procedures
listed in ASCPS, addendum BB.
new text end
new text begin (e) "Insurer" includes workers' compensation insurers and self-insured employers.
new text end
new text begin (f) "Ambulatory surgical center payment system" or "ASCPS" means the system
developed by the Centers for Medicare and Medicaid Services for payment of surgical
services provided by federally certified ASCs as specified in:
new text end
new text begin (1) Code of Federal Regulations, title 42, part 416, including without limitation the
geographic adjustment for the ASC and the multiple surgical procedure reduction rule;
new text end
new text begin (2) annual revisions to Code of Federal Regulations, title 42, part 416, as published in
the Federal Register;
new text end
new text begin (3) the corresponding addendum AA (final ASC covered surgical procedures), addendum
BB (final covered ancillary services integral to covered surgical procedures), addendum
DD1 (final ASC payment indicators), and any successor or replacement addenda; and
new text end
new text begin (4) the Medicare claims processing manual.
new text end
new text begin (g) "Medicare ASCPS payment" means the Medicare ASCPS payment used for ASCs
that meet the Medicare quality reporting requirements, whether or not the ASC submitting
the bill has met the Medicare quality reporting requirements.
new text end
new text begin Subd. 2.new text end
new text begin Payment for covered surgical procedures and ancillary services based on
Medicare ASCPS.new text end
new text begin (a) Except as provided in subdivisions 3 and 4, the payment to the ASC
for covered surgical procedures and ancillary services shall be the lesser of:
new text end
new text begin (1) the ASC's usual and customary charge for all services, supplies, and implantable
devices provided; or
new text end
new text begin (2) the Medicare ASCPS payment, times a multiplier of 320 percent.
new text end
new text begin (i) The amount payable under this clause includes payment for all implantable devices,
even if the Medicare ASCPS would otherwise allow separate payment for the implantable
device.
new text end
new text begin (ii) The 320 percent described in this clause must be adjusted if, on July 1, 2019, or any
subsequent July 1, the conversion factor is less than 98 percent of the conversion factor in
effect on the previous July 1. When this occurs, the multiplier must be 320 percent times
98 percent divided by the percentage that the current Medicare conversion factor bears to
the Medicare conversion factor in effect on the prior July 1. In subsequent years, the
multiplier is 320 percent, unless the Medicare ASCPS conversion factor declines by more
than two percent.
new text end
new text begin (b) Payment under this section is effective for covered surgical procedures and ancillary
services provided by an ASC on or after October 1, 2018, through September 30, 2019, and
shall be based on the addenda AA, BB, and DD1 most recently available on the Centers for
Medicare and Medicaid Services Web site as of July 1, 2018, and the corresponding rules
and Medicare claims processing manual described in subdivision 1, paragraph (f).
new text end
new text begin (1) Payment for covered surgical procedures and ancillary services provided by an ASC
on or after each subsequent October 1 shall be based on the addenda AA, BB, and DD1
most recently available on the Centers for Medicare and Medicaid Services Web site as of
the preceding July 1 and the corresponding rules and Medicare claims processing manual.
new text end
new text begin (2) If the Centers for Medicare and Medicaid Services has not updated addendum AA,
BB, or DD1 on its Web site since the commissioner's previous notice under paragraph (c),
the addenda identified in the notice published by the commissioner in paragraph (c) and the
corresponding rules and Medicare claims processing manual shall remain in effect.
new text end
new text begin (3) Addenda AA, BB, and DD1 under this subdivision includes successor or replacement
addenda.
new text end
new text begin (c) The commissioner shall annually give notice in the State Register of any adjustment
to the multiplier under paragraph (a), clause (2), and of the applicable addenda in paragraph
(b) no later than October 1. The notice must identify and include a link to the applicable
addenda. The notices and any adjustment to the multiplier are not rules subject to chapter
14, but have the force and effect of law as of the effective date published in the State Register.
new text end
new text begin Subd. 3.new text end
new text begin Payment for compensable surgical services not covered under ASCPS.new text end
new text begin (a)
If a surgical procedure provided by an ASC is compensable under this chapter but is not
listed in addendum AA or BB of the Medicare ASCPS, payment must be 75 percent of the
ASC's usual and customary charge for the procedure with the highest charge. Payment for
each subsequent surgical procedure not listed in addendum AA or BB must be paid at 50
percent of the ASC's usual and customary charge.
new text end
new text begin (b) Payment must be 75 percent of the ASC's usual and customary charge for a surgical
procedure or ancillary service if the procedure or service is listed in Medicare ASCPS
addendum AA or BB and: (1) the payment indicator provides it is paid at a reasonable cost;
(2) the payment indicator provides it is contractor priced; or (3) a payment rate is not
otherwise provided.
new text end
new text begin Subd. 4.new text end
new text begin Study.new text end
new text begin The commissioner shall conduct a study analyzing the impact of the
reforms, including timeliness and accuracy of payment under this section, and recommend
further changes if needed. The commissioner must report the results of the study to the
Workers' Compensation Advisory Council and the chairs and ranking minority members
of the legislative committees with jurisdiction over workers' compensation by January 15,
2021.
new text end
new text begin Subd. 5.new text end
new text begin Rulemaking.new text end
new text begin The commissioner may adopt or amend rules using the authority
in section 14.386, paragraph (a), to implement this section and the Medicare ASCPS for
workers' compensation. The rules are not subject to expiration under section 14.386,
paragraph (b).
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective for procedures and services provided by
an ASC on or after October 1, 2018, except subdivision 5 is effective the day following
final enactment.
new text end
ARTICLE 13
WORKERS' COMPENSATION BENEFITS
Section 1.
Minnesota Statutes 2016, section 176.011, subdivision 15, is amended to read:
Subd. 15.
Occupational disease.
(a) "Occupational disease" means a mental impairment
as defined in paragraph (d) or physical disease arising out of and in the course of employment
peculiar to the occupation in which the employee is engaged and due to causes in excess of
the hazards ordinary of employment and shall include undulant fever. Physical stimulus
resulting in mental injury and mental stimulus resulting in physical injury shall remain
compensable. Mental impairment is not considered a disease if it results from a disciplinary
action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement,
or similar action taken in good faith by the employer. Ordinary diseases of life to which the
general public is equally exposed outside of employment are not compensable, except where
the diseases follow as an incident of an occupational disease, or where the exposure peculiar
to the occupation makes the disease an occupational disease hazard. A disease arises out of
the employment only if there be a direct causal connection between the conditions under
which the work is performed and if the occupational disease follows as a natural incident
of the work as a result of the exposure occasioned by the nature of the employment. An
employer is not liable for compensation for any occupational disease which cannot be traced
to the employment as a direct and proximate cause and is not recognized as a hazard
characteristic of and peculiar to the trade, occupation, process, or employment or which
results from a hazard to which the worker would have been equally exposed outside of the
employment.
(b) If immediately preceding the date of disablement or death, an employee was employed
on active duty with an organized fire or police department of any municipality, as a member
of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest
officer by the Department of Natural Resources, state correctional officer, or sheriff or
full-time deputy sheriff of any county, and the disease is that of myocarditis, coronary
sclerosis, pneumonia or its sequel, and at the time of employment such employee was given
a thorough physical examination by a licensed doctor of medicine, and a written report
thereof has been made and filed with such organized fire or police department, with the
Minnesota State Patrol, conservation officer service, state crime bureau, Department of
Natural Resources, Department of Corrections, or sheriff's department of any county, which
examination and report negatived any evidence of myocarditis, coronary sclerosis, pneumonia
or its sequel, the disease is presumptively an occupational disease and shall be presumed
to have been due to the nature of employment. If immediately preceding the date of
disablement or death, any individual who by nature of their position provides emergency
medical care, or an employee who was employed as a licensed police officer under section
626.84, subdivision 1; firefighter; paramedic; state correctional officer; emergency medical
technician; or licensed nurse providing emergency medical care; and who contracts an
infectious or communicable disease to which the employee was exposed in the course of
employment outside of a hospital, then the disease is presumptively an occupational disease
and shall be presumed to have been due to the nature of employment and the presumption
may be rebutted by substantial factors brought by the employer or insurer. Any substantial
factors which shall be used to rebut this presumption and which are known to the employer
or insurer at the time of the denial of liability shall be communicated to the employee on
the denial of liability.
(c) A firefighter on active duty with an organized fire department who is unable to
perform duties in the department by reason of a disabling cancer of a type caused by exposure
to heat, radiation, or a known or suspected carcinogen, as defined by the International
Agency for Research on Cancer, and the carcinogen is reasonably linked to the disabling
cancer, is presumed to have an occupational disease under paragraph (a). If a firefighter
who enters the service after August 1, 1988, is examined by a physician prior to being hired
and the examination discloses the existence of a cancer of a type described in this paragraph,
the firefighter is not entitled to the presumption unless a subsequent medical determination
is made that the firefighter no longer has the cancer.
(d) For the purposes of this chapter, "mental impairment" means a diagnosis of
post-traumatic stress disorder by a licensed psychiatrist or psychologist. For the purposes
of this chapter, "post-traumatic stress disorder" means the condition as described in the most
recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by
the American Psychiatric Association. For purposes of section 79.34, subdivision 2, one or
more compensable mental impairment claims arising out of a single event or occurrence
shall constitute a single loss occurrence.
new text begin (e) If, preceding the date of disablement or death, an employee who was employed on
active duty as: a licensed police officer; a firefighter; a paramedic; an emergency medical
technician; a licensed nurse employed to provide emergency medical services outside of a
medical facility; a public safety dispatcher; an officer employed by the state or a political
subdivision at a corrections, detention, or secure treatment facility; a sheriff or full-time
deputy sheriff of any county; or a member of the Minnesota State Patrol is diagnosed with
a mental impairment as defined in paragraph (d), and had not been diagnosed with the mental
impairment previously, then the mental impairment is presumptively an occupational disease
and shall be presumed to have been due to the nature of employment. This presumption
may be rebutted by substantial factors brought by the employer or insurer. Any substantial
factors that are used to rebut this presumption and that are known to the employer or insurer
at the time of the denial of liability shall be communicated to the employee on the denial
of liability. The mental impairment is not considered an occupational disease if it results
from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion,
termination, retirement, or similar action taken in good faith by the employer.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective for employees with dates of injury on
or after January 1, 2019.
new text end
Sec. 2.
Minnesota Statutes 2016, section 176.101, subdivision 2, is amended to read:
Subd. 2.
Temporary partial disability.
(a) In all cases of temporary partial disability
the compensation shall be 66-2/3 percent of the difference between the weekly wage of the
employee at the time of injury and the wage the employee is able to earn in the employee's
partially disabled condition. This compensation shall be paid during the period of disability
except as provided in this section, payment to be made at the intervals when the wage was
payable, as nearly as may be, and subject to the maximum rate for temporary total
compensation.
(b) Temporary partial compensation may be paid only while the employee is employed,
earning less than the employee's weekly wage at the time of the injury, and the reduced
wage the employee is able to earn in the employee's partially disabled condition is due to
the injury. Except as provided in section 176.102, subdivision 11, paragraphs (b) and (c),
temporary partial compensation may not be paid for more than deleted text begin 225deleted text end new text begin 275new text end weeks, or after 450
weeks after the date of injury, whichever occurs first.
(c) Temporary partial compensation must be reduced to the extent that the wage the
employee is able to earn in the employee's partially disabled condition plus the temporary
partial disability payment otherwise payable under this subdivision exceeds 500 percent of
the statewide average weekly wage.
Sec. 3.
Minnesota Statutes 2016, section 176.101, subdivision 2a, is amended to read:
Subd. 2a.
Permanent partial disability.
(a) Compensation for permanent partial disability
is as provided in this subdivision. Permanent partial disability must be rated as a percentage
of the whole body in accordance with rules adopted by the commissioner under section
176.105. The percentage determined pursuant to the rules must be multiplied by the
corresponding amount in the following table:
| Impairment Rating | Amount | |||
| (percent) | ||||
| less than 5.5 | $ | deleted text begin 75,000 deleted text end new text begin 78,800 new text end | ||
| 5.5 to less than 10.5 | deleted text begin 80,000 deleted text end new text begin 84,000 new text end | |||
| 10.5 to less than 15.5 | deleted text begin 85,000 deleted text end new text begin 89,300 new text end | |||
| 15.5 to less than 20.5 | deleted text begin 90,000 deleted text end new text begin 94,500 new text end | |||
| 20.5 to less than 25.5 | deleted text begin 95,000 deleted text end new text begin 99,800 new text end | |||
| 25.5 to less than 30.5 | deleted text begin 100,000 deleted text end new text begin 105,000 new text end | |||
| 30.5 to less than 35.5 | deleted text begin 110,000 deleted text end new text begin 115,500 new text end | |||
| 35.5 to less than 40.5 | deleted text begin 120,000 deleted text end new text begin 126,000 new text end | |||
| 40.5 to less than 45.5 | deleted text begin 130,000 deleted text end new text begin 136,500 new text end | |||
| 45.5 to less than 50.5 | deleted text begin 140,000 deleted text end new text begin 147,000 new text end | |||
| 50.5 to less than 55.5 | deleted text begin 165,000 deleted text end new text begin 173,300 new text end | |||
| 55.5 to less than 60.5 | deleted text begin 190,000 deleted text end new text begin 199,500 new text end | |||
| 60.5 to less than 65.5 | deleted text begin 215,000 deleted text end new text begin 225,800 new text end | |||
| 65.5 to less than 70.5 | deleted text begin 240,000 deleted text end new text begin 252,000 new text end | |||
| 70.5 to less than 75.5 | deleted text begin 265,000 deleted text end new text begin 278,300 new text end | |||
| 75.5 to less than 80.5 | deleted text begin 315,000 deleted text end new text begin 330,800 new text end | |||
| 80.5 to less than 85.5 | deleted text begin 365,000 deleted text end new text begin 383,300 new text end | |||
| 85.5 to less than 90.5 | deleted text begin 415,000 deleted text end new text begin 435,800 new text end | |||
| 90.5 to less than 95.5 | deleted text begin 465,000 deleted text end new text begin 488,300 new text end | |||
| 95.5 up to and including 100 | deleted text begin 515,000 deleted text end new text begin 540,800 new text end |
An employee may not receive compensation for more than a 100 percent disability of
the whole body, even if the employee sustains disability to two or more body parts.
(b) Permanent partial disability is payable upon cessation of temporary total disability
under subdivision 1. If the employee requests payment in a lump sum, then the compensation
must be paid within 30 days. This lump-sum payment may be discounted to the present
value calculated up to a maximum five percent basis. If the employee does not choose to
receive the compensation in a lump sum, then the compensation is payable in installments
at the same intervals and in the same amount as the employee's temporary total disability
rate on the date of injury. Permanent partial disability is not payable while temporary total
compensation is being paid.
Sec. 4.
Minnesota Statutes 2016, section 176.101, subdivision 4, is amended to read:
Subd. 4.
Permanent total disability.
For permanent total disability, as defined in
subdivision 5, the compensation shall be 66-2/3 percent of the daily wage at the time of the
injury, subject to a maximum weekly compensation equal to the maximum weekly
compensation for a temporary total disability and a minimum weekly compensation equal
to 65 percent of the statewide average weekly wage. This compensation shall be paid during
the permanent total disability of the injured employee but after a total of $25,000 of weekly
compensation has been paid, the amount of the weekly compensation benefits being paid
by the employer shall be reduced by the amount of any disability benefits being paid by
any government disability benefit program if the disability benefits are occasioned by the
same injury or injuries which give rise to payments under this subdivision. This reduction
shall also apply to any old age and survivor insurance benefits. Payments shall be made at
the intervals when the wage was payable, as nearly as may be. In case an employee who is
permanently and totally disabled becomes an inmate of a public institution, no compensation
shall be payable during the period of confinement in the institution, unless there is wholly
dependent on the employee for support some person named in section 176.111, subdivision
1, 2 or 3, in which case the compensation provided for in section 176.111, during the period
of confinement, shall be paid for the benefit of the dependent person during dependency.
The dependency of this person shall be determined as though the employee were deceased.
Permanent total disability shall cease at age deleted text begin 67 because the employee is presumed retired
from the labor marketdeleted text end new text begin 72, except that if an employee is injured after age 67, permanent total
disability benefits shall cease after five years of those benefits have been paidnew text end . deleted text begin This
presumption is rebuttable by the employee. The subjective statement the employee is not
retired is not sufficient in itself to rebut the presumptive evidence of retirement but may be
considered along with other evidence.
deleted text end
Sec. 5.
Minnesota Statutes 2016, section 176.102, subdivision 11, is amended to read:
Subd. 11.
Retraining; compensation.
(a) Retraining is limited to 156 weeks. An
employee who has been approved for retraining may petition the commissioner or
compensation judge for additional compensation not to exceed 25 percent of the
compensation otherwise payable. If the commissioner or compensation judge determines
that this additional compensation is warranted due to unusual or unique circumstances of
the employee's retraining plan, the commissioner may award additional compensation in
an amount not to exceed the employee's request. This additional compensation shall cease
at any time the commissioner or compensation judge determines the special circumstances
are no longer present.
(b) If the employee is not employed during a retraining plan that has been specifically
approved under this section, temporary total compensation is payable for up to 90 days after
the end of the retraining plan; except that, payment during the 90-day period is subject to
cessation in accordance with section 176.101. If the employee is employed during the
retraining plan but earning less than at the time of injury, temporary partial compensation
is payable at the rate of 66-2/3 percent of the difference between the employee's weekly
wage at the time of injury and the weekly wage the employee is able to earn in the employee's
partially disabled condition, subject to the maximum rate for temporary total compensation.
Temporary partial compensation is not subject to the deleted text begin 225-weekdeleted text end new text begin 275-weeknew text end or 450-week
limitations provided by section 176.101, subdivision 2, during the retraining plan, but is
subject to those limitations before and after the plan.
(c) Any request for retraining shall be filed with the commissioner before 208 weeks of
any combination of temporary total or temporary partial compensation have been paid.
Retraining shall not be available after 208 weeks of any combination of temporary total or
temporary partial compensation benefits have been paid unless the request for the retraining
has been filed with the commissioner prior to the time the 208 weeks of compensation have
been paid.
(d) The employer or insurer must notify the employee in writing of the 208-week
limitation for filing a request for retraining with the commissioner. This notice must be
given before 80 weeks of temporary total disability or temporary partial disability
compensation have been paid, regardless of the number of weeks that have elapsed since
the date of injury. If the notice is not given before the 80 weeks, the period of time within
which to file a request for retraining is extended by the number of days the notice is late,
but in no event may a request be filed later than 225 weeks after any combination of
temporary total disability or temporary partial disability compensation have been paid. The
commissioner may assess a penalty of $25 per day that the notice is late, up to a maximum
penalty of $2,000, against an employer or insurer for failure to provide the notice. The
penalty is payable to the commissioner for deposit in the assigned risk safety account.
Sec. 6.
Minnesota Statutes 2016, section 176.83, subdivision 5, is amended to read:
Subd. 5.
Treatment standards for medical services.
(a) In consultation with the Medical
Services Review Board or the rehabilitation review panel, the commissioner shall adopt
rules establishing standards and procedures for health care provider treatment. The rules
shall apply uniformly to all providers including those providing managed care under section
176.1351. The rules shall be used to determine whether a provider of health care services
and rehabilitation services, including a provider of medical, chiropractic, podiatric, surgical,
hospital, or other services, is performing procedures or providing services at a level or with
a frequency that is excessive, unnecessary, or inappropriate under section 176.135,
subdivision 1, based upon accepted medical standards for quality health care and accepted
rehabilitation standards.
(b) The rules shall include, but are not limited to, the following:
(1) criteria for diagnosis and treatment of the most common work-related injuries
including, but not limited to, low back injuries and upper extremity repetitive trauma injuries;
(2) criteria for surgical procedures including, but not limited to, diagnosis, prior
conservative treatment, supporting diagnostic imaging and testing, and anticipated outcome
criteria;
(3) criteria for use of appliances, adaptive equipment, and use of health clubs or other
exercise facilities;
(4) criteria for diagnostic imaging procedures;
(5) criteria for inpatient hospitalization;
(6) criteria for treatment of chronic pain; deleted text begin and
deleted text end
(7) criteria for the long-term use of opioids or other scheduled medications to alleviate
intractable pain and improve function, including the use of written contracts between the
injured worker and the health care provider who prescribes the medicationdeleted text begin .deleted text end new text begin ; and
new text end
new text begin (8) criteria for treatment of post-traumatic stress disorder. In developing such treatment
criteria, the commissioner and the Medical Services Review Board shall consider the
guidance set forth in the American Psychological Association's most recently adopted
Clinical Practice Guideline for the Treatment of Posttraumatic Stress Disorder (PTSD) in
Adults. The commissioner shall adopt such rules using the expedited rulemaking process
in section 14.389, including subdivision 5, to commence promptly upon final enactment of
the legislation enacting this clause. Such rules shall apply to employees with all dates of
injury who receive treatment after the commissioner adopts the rules. In consultation with
the Medical Services Review Board, the commissioner shall review and update the rules
governing criteria for treatment of post-traumatic stress disorder each time the American
Psychological Association adopts a significant change to their Clinical Practice Guideline
for the Treatment of PTSD in Adults, using the expedited rulemaking process in section
14.389, including subdivision 5.
new text end
(c) If it is determined by the payer that the level, frequency, or cost of a procedure or
service of a provider is excessive, unnecessary, or inappropriate according to the standards
established by the rules, the provider shall not be paid for the procedure, service, or cost by
an insurer, self-insurer, or group self-insurer, and the provider shall not be reimbursed or
attempt to collect reimbursement for the procedure, service, or cost from any other source,
including the employee, another insurer, the special compensation fund, or any government
program unless the commissioner or compensation judge determines at a hearing or
administrative conference that the level, frequency, or cost was not excessive under the
rules in which case the insurer, self-insurer, or group self-insurer shall make the payment
deemed reasonable.
(d) A rehabilitation provider who is determined by the rehabilitation review panel board,
after hearing, to be consistently performing procedures or providing services at an excessive
level or cost may be prohibited from receiving any further reimbursement for procedures
or services provided under this chapter. A prohibition imposed on a provider under this
subdivision may be grounds for revocation or suspension of the provider's license or
certificate of registration to provide health care or rehabilitation service in Minnesota by
the appropriate licensing or certifying body. The commissioner and Medical Services Review
Board shall review excessive, inappropriate, or unnecessary health care provider treatment
under section 176.103.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin Unless otherwise specified, this article is effective for employees with dates of injury
on or after October 1, 2018.
new text end
ARTICLE 14
UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; POLICY
Section 1.
Minnesota Statutes 2016, section 268.035, subdivision 12, is amended to read:
Subd. 12.
Covered employment.
(a) "Covered employment" means deleted text begin the following unless
excluded as "noncovered employment" under subdivision 20:
deleted text end
deleted text begin (1)deleted text end an employee's entire employment during the calendar quarter if:
deleted text begin (i)deleted text end new text begin (1) 50 percent or more of new text end the employment during the quarter is performed deleted text begin primarilydeleted text end
in Minnesota;
deleted text begin (ii)deleted text end new text begin (2) 50 percent or more ofnew text end the employment during the quarter is not performed
deleted text begin primarilydeleted text end in Minnesota or any other statenew text begin , or Canada,new text end but some of the employment is
performed in Minnesota and the deleted text begin base of operations or the place from which the employment
is directed or controlled is in Minnesota; or
deleted text end
deleted text begin (iii) the employment during the quarter is not performed primarily in Minnesota or any
other state and the base of operations or place from which the employment is directed or
controlled is not in any state where part of the employment is performed, but thedeleted text end employee's
residence is in Minnesotanew text begin during 50 percent or more of the calendar quarternew text end ;
deleted text begin (2) an employee's entire employment during the calendar quarter performed within the
United States or Canada, if:
deleted text end
deleted text begin (i) the employment is not covered employment under the unemployment insurance
program of any other state, federal law, or the law of Canada; and
deleted text end
deleted text begin (ii) the place from which the employment is directed or controlled is in Minnesota;
deleted text end
(3) the employment during the deleted text begin calendardeleted text end quarterdeleted text begin ,deleted text end new text begin isnew text end performed deleted text begin entirelydeleted text end outside the United
States and Canada, by an employee who is a United States citizen in the employ of an
American employernew text begin ,new text end if the employer's principal place of business in the United States is
located in Minnesota.new text begin For the purposes of this clause, new text end an "American employerdeleted text begin ,deleted text end " deleted text begin for the
purposes of this clause, means a corporation organized under the laws of any state, an
individual who is a resident of the United States, or a partnership if two-thirds or more of
the partners are residents of the United States, or a trust, if all of the trustees are residents
of the United Statesdeleted text end new text begin is as defined under the Federal Unemployment Tax Act, United States
Code title 26, chapter 23, section 3306, subsection (j)(3)new text end ; and
(4) deleted text begin alldeleted text end new text begin thenew text end employment during the deleted text begin calendardeleted text end quarter new text begin is new text end performed by an officer or member
of the crew of an American vessel deleted text begin on or in connection with the vessel, if thedeleted text end operatingnew text begin on
navigable waters within, or within and without, the United States, and thenew text end office from which
the operations of the vessel deleted text begin operating on navigable waters within, or within and without,
the United Statesdeleted text end are deleted text begin ordinarily and regularly supervised,deleted text end manageddeleted text begin , directed,deleted text end and controlled
is in Minnesota.
(b) "Covered employment" includes covered agricultural employment under subdivision
11.
(c) For the purposes of section 268.095, "covered employment" includes employment
covered under an unemployment insurance program:
(1) of any other state; deleted text begin or
deleted text end
(2) established by an act of Congressdeleted text begin .deleted text end new text begin ; or
new text end
new text begin (3) the law of Canada.
new text end
new text begin (d) The percentage of employment performed under paragraph (a) is determined by the
amount of hours worked.
new text end
new text begin (e) Covered employment does not include any employment defined as "noncovered
employment" under subdivision 20.
new text end
Sec. 2.
Minnesota Statutes 2017 Supplement, section 268.035, subdivision 20, is amended
to read:
Subd. 20.
Noncovered employment.
"Noncovered employment" means:
(1) employment for the United States government or an instrumentality thereof, including
military service;
(2) employment for a state, other than Minnesota, or a political subdivision or
instrumentality thereof;
(3) employment for a foreign government;
(4) employment covered under the federal Railroad Unemployment Insurance Act;
(5) employment for a church or convention or association of churches, or a nonprofit
organization operated primarily for religious purposes that is operated, supervised, controlled,
or principally supported by a church or convention or association of churches;
(6) employment for an elementary or secondary school with a curriculum that includes
religious education that is operated by a church, a convention or association of churches,
or a nonprofit organization that is operated, supervised, controlled, or principally supported
by a church or convention or association of churches;
(7) employment for Minnesota or a political subdivision, or a nonprofit organization, of
a duly ordained or licensed minister of a church in the exercise of a ministry or by a member
of a religious order in the exercise of duties required by the order;
(8) employment for Minnesota or a political subdivision, or a nonprofit organization, of
an individual receiving rehabilitation of "sheltered" work in a facility conducted for the
purpose of carrying out a program of rehabilitation for individuals whose earning capacity
is impaired by age or physical or mental deficiency or injury or a program providing
"sheltered" work for individuals who because of an impaired physical or mental capacity
cannot be readily absorbed in the competitive labor market. This clause applies only to
services performed in a facility certified by the Rehabilitation Services Branch of the
department or in a day training or habilitation program licensed by the Department of Human
Services;
(9) employment for Minnesota or a political subdivision, or a nonprofit organization, of
an individual receiving work relief or work training as part of an unemployment work relief
or work training program financed in whole or in part by any federal agency or an agency
of a state or political subdivision thereof. This clause does not apply to programs that require
unemployment benefit coverage for the participants;
(10) employment for Minnesota or a political subdivision, as an elected official, a member
of a legislative body, or a member of the judiciary;
(11) employment as a member of the Minnesota National Guard or Air National Guard;
(12) employment for Minnesota or a political subdivision, or instrumentality thereof, of
an individual serving on a temporary basis in case of fire, flood, tornado, or similar
emergency;
(13) employment as an election official or election worker for Minnesota or a political
subdivision, if the compensation for that employment was less than $1,000 in a calendar
year;
(14) employment for Minnesota that is a major policy-making or advisory position in
the unclassified service;
(15) employment for Minnesota in an unclassified position established under section
43A.08, subdivision 1a;
(16) employment for a political subdivision of Minnesota that is a nontenured major
policy making or advisory position;
(17) domestic employment in a private household, local college club, or local chapter
of a college fraternity or sorority, if the wages paid in any calendar quarter in either the
current or prior calendar year to all individuals in domestic employment totaled less than
$1,000.
"Domestic employment" includes all service in the operation and maintenance of a
private household, for a local college club, or local chapter of a college fraternity or sorority
as distinguished from service as an employee in the pursuit of an employer's trade or business;
(18) employment of an individual by a son, daughter, or spouse, and employment of a
child under the age of 18 by the child's father or mother;
(19) employment of an inmate of a custodial or penal institution;
(20) employment for a school, college, or university, by a student who is enrolled and
whose primary relation to the school, college, or university is as a student. This does not
include an individual whose primary relation to the school, college, or university is as an
employee who also takes courses;
(21) employment of an individual who is enrolled as a student in a full-time program at
a nonprofit or public educational institution that maintains a regular faculty and curriculum
and has a regularly organized body of students in attendance at the place where its educational
activities are carried on, taken for credit at the institution, that combines academic instruction
with work experience, if the employment is an integral part of the program, and the institution
has so certified to the employer, except that this clause does not apply to employment in a
program established for or on behalf of an employer or group of employers;
new text begin (22) employment of a foreign college or university student who works on a seasonal or
temporary basis under the J-1 visa summer work travel program described in Code of Federal
Regulations, title 22, section 62.32;
new text end
deleted text begin (22)deleted text end new text begin (23)new text end employment of university, college, or professional school students in an
internship or other training program with the city of St. Paul or the city of Minneapolis
under Laws 1990, chapter 570, article 6, section 3;
deleted text begin (23)deleted text end new text begin (24)new text end employment for a hospital by a patient of the hospital. "Hospital" means an
institution that has been licensed by the Department of Health as a hospital;
deleted text begin (24)deleted text end new text begin (25)new text end employment as a student nurse for a hospital or a nurses' training school by
an individual who is enrolled and is regularly attending classes in an accredited nurses'
training school;
deleted text begin (25)deleted text end new text begin (26)new text end employment as an intern for a hospital by an individual who has completed a
four-year course in an accredited medical school;
deleted text begin (26)deleted text end new text begin (27)new text end employment as an insurance salesperson, by other than a corporate officer, if
all the wages from the employment is solely by way of commission. The word "insurance"
includes an annuity and an optional annuity;
deleted text begin (27)deleted text end new text begin (28)new text end employment as an officer of a township mutual insurance company or farmer's
mutual insurance company under chapter 67A;
deleted text begin (28)deleted text end new text begin (29)new text end employment of a corporate officer, if the officer directly or indirectly, including
through a subsidiary or holding company, owns 25 percent or more of the employer
corporation, and employment of a member of a limited liability company, if the member
directly or indirectly, including through a subsidiary or holding company, owns 25 percent
or more of the employer limited liability company;
deleted text begin (29)deleted text end new text begin (30)new text end employment as a real estate salesperson, other than a corporate officer, if all
the wages from the employment is solely by way of commission;
deleted text begin (30)deleted text end new text begin (31)new text end employment as a direct seller as defined in United States Code, title 26, section
3508;
deleted text begin (31)deleted text end new text begin (32)new text end employment of an individual under the age of 18 in the delivery or distribution
of newspapers or shopping news, not including delivery or distribution to any point for
subsequent delivery or distribution;
deleted text begin (32)deleted text end new text begin (33)new text end casual employment performed for an individual, other than domestic
employment under clause (17), that does not promote or advance that employer's trade or
business;
deleted text begin (33)deleted text end new text begin (34)new text end employment in "agricultural employment" unless it is "covered agricultural
employment" under subdivision 11; or
deleted text begin (34)deleted text end new text begin (35)new text end if employment during one-half or more of any pay period was covered
employment, all the employment for the pay period is covered employment; but if during
more than one-half of any pay period the employment was noncovered employment, then
all of the employment for the pay period is noncovered employment. "Pay period" means
a period of not more than a calendar month for which a payment or compensation is ordinarily
made to the employee by the employer.
Sec. 3.
Minnesota Statutes 2016, section 268.051, subdivision 2a, is amended to read:
Subd. 2a.
Unemployment insurance tax deleted text begin limitsdeleted text end new text begin reductionnew text end .
(a) If the balance in the trust
fund on December 31 of any calendar year is four percent or more above the amount equal
to an average high cost multiple of 1.0, future unemployment taxes payable must be reduced
by all amounts above 1.0. The amount of tax reduction for any taxpaying employer is the
same percentage of the total amount above 1.0 as the percentage of taxes paid by the
employer during the calendar year is of the total amount of taxes that were paid by all
deleted text begin nonmaximum experience rateddeleted text end employers during the yearnew text begin except taxes paid by employers
assigned a tax rate equal to the maximum experience rating plus the applicable base tax
ratenew text end .
(b) For purposes of this subdivision, "average high cost multiple" has the meaning given
in Code of Federal Regulations, title 20, section 606.3, as amended through December 31,
2015. An amount equal to an average high cost multiple of 1.0 is a federal measure of
adequate reserves in relation to the state's current economy. The commissioner must calculate
and publish, as soon as possible following December 31 of any calendar year, the trust fund
balance on December 31 along with the amount an average high cost multiple of 1.0 equals.
Actual wages paid must be used in the calculation and estimates may not be used.
(c) new text begin The unemployment tax reduction under new text end this subdivision does not apply to employers
that were deleted text begin atdeleted text end new text begin assigned a tax rate equal tonew text end the maximum experience rating new text begin plus the applicable
base tax rate new text end for the yeardeleted text begin , nor to high experience rating industry employers under subdivision
5, paragraph (b)deleted text end . Computations under paragraph (a) are not subject to the rounding
requirement of section 268.034. The refund provisions of section 268.057, subdivision 7,
do not apply.
(d) The unemployment tax reduction under this subdivision applies to taxes deleted text begin paiddeleted text end new text begin payablenew text end
between March 1 and December 15 of the year following the December 31 computation
under paragraph (a).
(e) deleted text begin The amount equal to the average high cost multiple of 1.0 on December 31, 2012,
must be used for the calculation under paragraph (a) but only for the calculation made on
December 31, 2015. Notwithstanding paragraph (d), the tax reduction resulting from the
application of this paragraph applies to unemployment taxes paid between July 1, 2016,
and June 30, 2017.deleted text end new text begin If there was an experience rating history transfer under subdivision 4,
the successor employer must receive that portion of the predecessor employer's tax reduction
equal to that portion of the experience rating history transferred. The predecessor employer
retains that portion of tax reduction not transferred to the successor. This paragraph applies
to that portion of the tax reduction that remains unused at the time notice of acquisition is
provided under subdivision 4, paragraph (e).
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 4. new text begin ADDITIONAL UNEMPLOYMENT BENEFITS PROGRAM FOR WORKERS
LAID OFF FROM INTERNATIONAL BILDRITE, INC.
new text end
new text begin Subdivision 1.new text end
new text begin Availability of additional benefits.new text end
new text begin Additional unemployment benefits
are available from the Minnesota unemployment insurance trust fund to an applicant who
was laid off due to lack of work between December 1, 2017, and June 30, 2018, at
International Bildrite, Inc. facilities in International Falls.
new text end
new text begin Subd. 2.new text end
new text begin Eligibility requirements.new text end
new text begin An applicant is eligible to receive additional
unemployment benefits under this section for any week beginning April 1, 2018, through
the week ending June 1, 2019, if:
new text end
new text begin (1) the applicant established a benefit account under Minnesota Statutes, section 268.07,
with a majority of the wage credits from International Bildrite, Inc., and has exhausted the
maximum amount of regular unemployment benefits available on that benefit account; and
new text end
new text begin (2) the applicant meets the same requirements that an applicant for regular unemployment
benefits must meet under Minnesota Statutes, section 268.069, subdivision 1.
new text end
new text begin Subd. 3.new text end
new text begin Weekly and maximum amount of additional unemployment benefits.new text end
new text begin (a)
The weekly benefit amount of additional unemployment benefits is the same as the weekly
benefit amount of regular unemployment benefits on the benefit account established in
subdivision 2, clause (1).
new text end
new text begin (b) The maximum amount of additional unemployment benefits available to an applicant
under this section is an amount equal to 13 weeks of payment at the applicant's weekly
additional unemployment benefit amount.
new text end
new text begin (c) If an applicant qualifies for a new regular benefit account that meets the requirements
of subdivision 4, paragraph (b), before the applicant has been paid additional unemployment
benefits, and that new regular benefit account meets the requirements of subdivision 2,
clause (1), the applicant's weekly additional unemployment benefit amount is equal to the
weekly unemployment benefit amount on the applicant's new regular benefit account.
new text end
new text begin Subd. 4.new text end
new text begin Qualifying for a new regular benefit account.new text end
new text begin (a) If after exhausting the
maximum amount of regular unemployment benefits available as a result of the layoff under
subdivision 1, an applicant qualifies for the new regular benefit account under Minnesota
Statutes, section 268.07, the applicant must apply for and establish that new regular benefit
account.
new text end
new text begin (b) If the applicant's weekly benefit amount under the new regular benefit account is
equal to or higher than the applicant's weekly additional unemployment benefit amount, the
applicant must request unemployment benefits under the new regular benefit account. An
applicant is ineligible for additional unemployment benefits under this section until the
applicant has exhausted the maximum amount of unemployment benefits available on the
new regular benefit account.
new text end
new text begin (c) If the applicant's weekly unemployment benefit amount on the new regular benefit
account is less than the applicant's weekly benefit amount of additional unemployment
benefits, the applicant must request additional unemployment benefits. An applicant is
ineligible for new regular unemployment benefits until the applicant has exhausted the
maximum amount of additional unemployment benefits available under this section.
new text end
new text begin Subd. 5.new text end
new text begin Charging of benefits.new text end
new text begin Additional unemployment benefits paid under this section
must be used to compute the future unemployment tax rate of a taxpaying employer or
charged to the reimbursing account of government or nonprofit employers.
new text end
new text begin Subd. 6.new text end
new text begin Eligibility for federal Trade Readjustment Allowance benefits.new text end
new text begin An applicant
who has applied and been determined eligible for federal Trade Readjustment Allowance
benefits is not eligible for extended unemployment benefits under this section.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin Unless otherwise specified, this article is effective September 16, 2018.
new text end
ARTICLE 15
UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; INTEREST
Section 1.
Minnesota Statutes 2016, section 268.057, subdivision 5, is amended to read:
Subd. 5.
Interest on amounts past due.
If any amounts due from an employer under
this chapter or section 116L.20, except late fees under section 268.044, are not received on
the date due deleted text begin the unpaid balance bearsdeleted text end new text begin the commissioner must assess interest on any amount
that remains unpaid. new text end Interest new text begin is assessed new text end at the rate of one percent per month or any part of
a month. new text begin Interest is not assessed on unpaid interest. new text end Interest collected under this subdivision
is credited to the contingent account.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective October 1, 2019.
new text end
Sec. 2.
Minnesota Statutes 2017 Supplement, section 268.18, subdivision 2b, is amended
to read:
Subd. 2b.
Interest.
On any unemployment benefits obtained by misrepresentation, and
any penalty amounts assessed under subdivision 2, the commissioner must assess interest
deleted text begin at the rate of one percent per monthdeleted text end on any amount that remains unpaid beginning 30 calendar
days after the date of a determination of overpayment penalty. new text begin Interest is assessed at the
rate of one percent per month or any part of a month. new text end A determination of overpayment
penalty must state that interest will be assessed. Interest is new text begin not new text end assessed deleted text begin in the same manner
as on employer debt under section 268.057, subdivision 5deleted text end new text begin on unpaid interestnew text end . Interest
deleted text begin paymentsdeleted text end collected under this subdivision deleted text begin aredeleted text end new text begin isnew text end credited to the trust fund.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective October 1, 2019.
new text end
Sec. 3. new text begin EFFECTIVE DATE.
new text end
new text begin Unless otherwise specified, this article is effective September 16, 2018.
new text end
ARTICLE 16
UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; BASE PERIODS
Section 1.
Minnesota Statutes 2016, section 268.035, subdivision 4, is amended to read:
Subd. 4.
Base period.
(a) "Base period," unless otherwise provided in this subdivision,
means the most recent four completed calendar quarters before the effective date of an
applicant's application for unemployment benefits if the application has an effective date
occurring after the month following the most recent completed calendar quarter. The base
period under this paragraph is as follows:
| If the application for unemployment benefits is effective on or between these dates: | The base period is the prior: | ||
| February 1 - March 31 | January 1 - December 31 | ||
| May 1 - June 30 | April 1 - March 31 | ||
| August 1 - September 30 | July 1 - June 30 | ||
| November 1 - December 31 | October 1 - September 30 |
(b) If an application for unemployment benefits has an effective date that is during the
month following the most recent completed calendar quarter, then the base period is the
first four of the most recent five completed calendar quarters before the effective date of
an applicant's application for unemployment benefits. The base period under this paragraph
is as follows:
| If the application for unemployment benefits is effective on or between these dates: | The base period is the prior: | ||
| January 1 - January 31 | October 1 - September 30 | ||
| April 1 - April 30 | January 1 - December 31 | ||
| July 1 - July 31 | April 1 - March 31 | ||
| October 1 - October 31 | July 1 - June 30 |
(c) Regardless of paragraph (a), a base period of the first four of the most recent five
completed calendar quarters must be used if the applicant would have more wage credits
under that base period than under a base period of the four most recent completed calendar
quarters.
deleted text begin (d) If the applicant under paragraph (b) has insufficient wage credits to establish a benefit
account, then a base period of the most recent four completed calendar quarters before the
effective date of the applicant's application for unemployment benefits must be used.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end If the applicant has insufficient wage credits to establish a benefit account under
a base period of the four most recent completed calendar quarters, or a base period of the
first four of the most recent five completed calendar quarters, but during either base period
the applicant received workers' compensation for temporary disability under chapter 176
or a similar federal law or similar law of another state, or if the applicant whose own serious
illness caused a loss of work for which the applicant received compensation for loss of
wages from some other source, the applicant may request a base period as follows:
(1) if an applicant was compensated for a loss of work of seven to 13 weeksdeleted text begin ,deleted text end new text begin during a
base period referred to in paragraph (a) or (b), then new text end the base period is the first four of the
most recent six completed calendar quarters before the effective date of the application for
unemployment benefits;
(2) if an applicant was compensated for a loss of work of 14 to 26 weeksdeleted text begin ,deleted text end new text begin during a base
period referred to in paragraph (a) or (b), then new text end the base period is the first four of the most
recent seven completed calendar quarters before the effective date of the application for
unemployment benefits;
(3) if an applicant was compensated for a loss of work of 27 to 39 weeksdeleted text begin ,deleted text end new text begin during a base
period referred to in paragraph (a) or (b), then new text end the base period is the first four of the most
recent eight completed calendar quarters before the effective date of the application for
unemployment benefits; and
(4) if an applicant was compensated for a loss of work of 40 to 52 weeksdeleted text begin ,deleted text end new text begin during a base
period referred to in paragraph (a) or (b), then new text end the base period is the first four of the most
recent nine completed calendar quarters before the effective date of the application for
unemployment benefits.
deleted text begin (f)deleted text end new text begin (e)new text end No base period under this subdivision may include wage credits upon which a
prior benefit account was established.
Sec. 2.
Minnesota Statutes 2017 Supplement, section 268.07, subdivision 1, is amended
to read:
Subdivision 1.
Application for unemployment benefits; determination of benefit
account.
(a) An application for unemployment benefits may be filed in person, by mail, or
by electronic transmission as the commissioner may require. The applicant must be
unemployed at the time the application is filed and must provide all requested information
in the manner required. If the applicant is not unemployed at the time of the application or
fails to provide all requested information, the communication is not an application for
unemployment benefits.
(b) The commissioner must examine each application for unemployment benefits to
determine the base period and the benefit year, and based upon all the covered employment
in the base period the commissioner must determine the weekly unemployment benefit
amount available, if any, and the maximum amount of unemployment benefits available,
if any. The determination, which is a document separate and distinct from a document titled
a determination of eligibility or determination of ineligibility issued under section 268.101,
must be titled determination of benefit account. A determination of benefit account must
be sent to the applicant and all base period employers, by mail or electronic transmission.
(c) If a base period employer did not provide wage detail information for the applicant
as required under section 268.044, deleted text begin or provided erroneous information, or wage detail is not
yet due and the applicant is using a base period under section 268.035, subdivision 4,
paragraph (d),deleted text end the commissioner may accept an applicant certification of wage credits, based
upon the applicant's records, and issue a determination of benefit account.
deleted text begin (d) An employer must provide wage detail information on an applicant within five
calendar days of request by the commissioner, in a manner and format requested, when:
deleted text end
deleted text begin (1) the applicant is using a base period under section 268.035, subdivision 4, paragraph
(d); and
deleted text end
deleted text begin (2) wage detail under section 268.044 is not yet required to have been filed by the
employer.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The commissioner may, at any time within 24 months from the establishment of
a benefit account, reconsider any determination of benefit account and make an amended
determination if the commissioner finds that the wage credits listed in the determination
were incorrect for any reason. An amended determination of benefit account must be
promptly sent to the applicant and all base period employers, by mail or electronic
transmission. This subdivision does not apply to documents titled determinations of eligibility
or determinations of ineligibility issued under section 268.101.
deleted text begin (f)deleted text end new text begin (e)new text end If an amended determination of benefit account reduces the weekly unemployment
benefit amount or maximum amount of unemployment benefits available, any unemployment
benefits that have been paid greater than the applicant was entitled is an overpayment of
unemployment benefits. A determination or amended determination issued under this section
that results in an overpayment of unemployment benefits must set out the amount of the
overpayment and the requirement under section 268.18, subdivision 1, that the overpaid
unemployment benefits must be repaid.
Sec. 3. new text begin EFFECTIVE DATE.
new text end
new text begin Unless otherwise specified, this article is effective September 16, 2018.
new text end
ARTICLE 17
UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; HOUSEKEEPING
Section 1.
Minnesota Statutes 2017 Supplement, section 268.035, subdivision 15, is
amended to read:
Subd. 15.
Employment.
(a) "Employment" means service performed by:
(1) an individual who is an employee under the common law of employer-employee and
not an independent contractor;
(2) an officer of a corporation;
(3) a member of a limited liability company who is an employee under the common law
of employer-employee; deleted text begin or
deleted text end
new text begin (4) an individual who is an employee under the Federal Insurance Contributions Act,
United States Code, title 26, chapter 21, sections 3121 (d)(3)(A) and 3121 (d)(3)(D); or
new text end
deleted text begin (4)deleted text end new text begin (5)new text end product demonstrators in retail stores or other locations to aid in the sale of
products. The person that pays the wages is the employer.
(b) Employment does not include service as a juror.
(c) Construction industry employment is defined in subdivision 9a. Trucking and
messenger/courier industry employment is defined in subdivision 25b. Rules on determining
worker employment status are described under Minnesota Rules, chapter 3315.
Sec. 2.
Minnesota Statutes 2016, section 268.044, subdivision 2, is amended to read:
Subd. 2.
Failure to timely file report; late fees.
(a) Any employer that fails to submit
the quarterly wage detail report when due must pay a late fee of $10 per employee, computed
based upon the highest of:
(1) the number of employees reported on the last wage detail report submitted;
(2) the number of employees reported in the corresponding quarter of the prior calendar
year; or
(3) if no wage detail report has ever been submitted, the number of employees listed at
the time of employer registration.
The late fee is canceled if the wage detail report is received within 30 calendar days
after a demand for the report is sent to the employer by mail or electronic transmission. A
late fee assessed an employer may not be canceled more than twice each 12 months. The
amount of the late fee assessed may not be less than $250.
(b) If the wage detail report is not received in a manner and format prescribed by the
commissioner within 30 calendar days after demand is sent under paragraph (a), the late
fee assessed under paragraph (a) doubles and a renewed demand notice and notice of the
increased late fee will be sent to the employer by mail or electronic transmission.
(c) Late fees due under this subdivision may be canceled, in whole or in part, under
section deleted text begin 268.066 where good cause for late submission is found by the commissionerdeleted text end new text begin 268.067new text end .
Sec. 3.
Minnesota Statutes 2016, section 268.047, subdivision 3, is amended to read:
Subd. 3.
Exceptions for taxpaying employers.
Unemployment benefits paid will not
be used in computing the future tax rate of a taxpaying base period employer when:
(1) the applicant's wage credits from that employer are less than $500;
(2) the applicant quit the employment, unless it was determined under section 268.095,
to have been because of a good reason caused by the employer or because the employer
notified the applicant of discharge within 30 calendar days. This exception applies deleted text begin onlydeleted text end to
unemployment benefits paid for periods after the applicant's quitting the employmentnew text begin and,
if the applicant is rehired by the employer, continues only until the beginning of the week
the applicant is rehirednew text end ; or
(3) the employer discharged the applicant from employment because of employment
misconduct as determined under section 268.095. This exception applies deleted text begin onlydeleted text end to
unemployment benefits paid for periods after the applicant's discharge from employmentnew text begin
and, if the applicant is rehired by the employer, continues only until the beginning of the
week the applicant is rehirednew text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective October 1, 2019.
new text end
Sec. 4.
Minnesota Statutes 2016, section 268.059, is amended to read:
268.059 GARNISHMENT FOR DELINQUENT TAXES AND UNEMPLOYMENT
BENEFIT OVERPAYMENTS.
Subdivision 1.
deleted text begin Noticedeleted text end new text begin Authoritynew text end .
deleted text begin The commissioner may give notice to any employer
that an employee owes any amounts due under this chapter or section 116L.20, and that the
obligation should be withheld from the employee's wages. The commissioner may proceed
only if the amount due is uncontested or if the time for any appeal has expired.deleted text end new text begin The
commissioner may garnish an employee's wages to collect amounts due under this chapter
or section 116L.20, as set forth in this section. Chapter 571 does not apply, except as
referenced in this section.
new text end
new text begin Subd. 1a.new text end
new text begin Notice.new text end
The commissioner may not proceed new text begin with a garnishment new text end until 30
calendar days after sending to the debtor employee, by mail or electronic transmission, a
notice of intent to garnish wages and exemption notice. That notice must deleted text begin listdeleted text end new text begin includenew text end :
(1) the amount due from the debtor;
(2) demand for immediate payment; and
(3) the intention to serve a garnishment notice on the debtor's employer.
The notice expires 180 calendar days after it has been sent to the debtor provided that
the notice may be renewed by sending a new notice that is in accordance with this section.
The renewed notice has the effect of reinstating the priority of the original notice. deleted text begin The
exemption notice must be in substantially the same form as in section 571.72.deleted text end The new text begin exemption
new text end notice must inform the debtor of the right to claim exemptions contained in section 550.37,
subdivision 14. deleted text begin If no claim of exemption is received by the commissioner within 30 calendar
days after sending of the notice, the commissioner may proceed with the garnishment. The
notice to the debtor's employer may be served by mail or electronic transmission and must
be in substantially the same form as in section 571.75.
deleted text end
Subd. 2.
Employer action.
(a) new text begin Thirty calendar days after sending the notice of intent to
garnish, the commissioner may send to the debtor's employer, by mail or electronic
transmission, a notice of garnishment, including a worksheet for determining the amount
to be withheld from wages each pay period. The amount to be withheld from wages is
subject to the limitations in section 571.922. new text end Upon receipt of the garnishment notice, the
employer must withhold from the deleted text begin earningsdeleted text end new text begin wagesnew text end due or to become due to the employee,
the amount deleted text begin shown on the notice plus accrued interest, subject to section 571.922deleted text end new text begin determined
by the employer plus accrued interestnew text end . The employer must continue to withhold each pay
period the amount deleted text begin shown on the noticedeleted text end new text begin determined by the employer new text end plus accrued interest
until the garnishment notice is released by the commissioner. Upon receipt of notice by the
employer, the claim of the commissioner has priority over any subsequent garnishments or
wage assignments. The commissioner may deleted text begin arrange between the employer and employee
for withholding a portion of the total amount due the employee each pay period,deleted text end new text begin agree to
accept a withholding amount that is less than the amount determined by the employer on
the worksheetnew text end until the total amount deleted text begin shown on the noticedeleted text end new text begin duenew text end plus accrued interest has been
withheld.
new text begin (b) new text end deleted text begin The "earnings due" any employeedeleted text end new text begin For the purposes of this section, "wages"new text end is as
defined in section deleted text begin 571.921deleted text end new text begin 268.035, subdivision 29new text end .
deleted text begin (b)deleted text end new text begin (c)new text end The maximum garnishment allowed for any one pay period must be decreased
by any amounts payable under any other garnishment action served before the garnishment
notice, and any amounts covered by any irrevocable and previously effective assignment
of wagesdeleted text begin ;deleted text end new text begin .new text end The employer must give notice to the commissioner of the amounts and the facts
relating to the new text begin other garnishment or new text end assignment deleted text begin within ten calendar days after the service
of the garnishment noticedeleted text end on the deleted text begin formdeleted text end new text begin worksheetnew text end provided by the commissioner.
deleted text begin (c)deleted text end new text begin (d)new text end Within ten calendar days after the expiration of the pay period, the employer must
remit to the commissioner, on a form and in the manner prescribed by the commissioner,
the amount withheld during each pay period.
Subd. 3.
Discharge or discipline prohibited.
(a) If the employee ceases to be employed
by the employer before the full amount deleted text begin set forth on the garnishment noticedeleted text end new text begin duenew text end plus accrued
interest has been withheld, the employer must immediately notify the commissioner in
writing or by electronic transmission, as prescribed by the commissioner, of the termination
date of the employee and the total amount withheld. No employer may discharge or discipline
any employee because the commissioner has proceeded under this section. If an employer
discharges an employee in violation of this section, the employee has the same remedy as
provided in section 571.927, subdivision 2.
(b) This section applies if the employer is the state of Minnesota or any political
subdivision.
(c) The commissioner must refund to the employee any excess amounts withheld from
the employee.
(d) An employer that fails or refuses to comply with this section is jointly and severally
liable for the total amount due from the employee. Any amount due from the employer
under this paragraph may be collected in the same manner as any other amounts due from
an employer under this chapter.
Sec. 5.
Minnesota Statutes 2016, section 268.085, subdivision 3, is amended to read:
Subd. 3.
new text begin Vacation and sick new text end payments that delay unemployment benefits.
(a) An
applicant is not eligible to receive unemployment benefits for any week the applicant is
receiving, has received, or will receive vacation pay, sick pay, or personal time off pay, also
known as "PTO."
This paragraph deleted text begin only applies upon temporary, indefinite, or seasonal separation anddeleted text end does
not apply:
(1) upon a permanent separation from employment; or
(2) to payments from a vacation fund administered by a union or a third party not under
the control of the employer.
Payments under this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end are applied to the period immediately
following the deleted text begin temporary, indefinite, or seasonal separation.deleted text end new text begin later of the date of separation
from employment or the date the applicant first becomes aware that the employer will be
making a payment. The date the payment is actually made or received, or that an applicant
must agree to a release of claims, does not affect the application of this paragraph.
new text end
new text begin (b) This subdivision applies to all the weeks of payment. The weeks of payment is
determined as follows:
new text end
new text begin (1) if the payments are made periodically, the total of the payments to be received is
divided by the applicant's last level of regular weekly pay from the employer; or
new text end
new text begin (2) if the payment is made in a lump sum, that sum is divided by the applicant's last level
of regular weekly pay from the employer.
new text end
new text begin The "last level of regular weekly pay" includes commissions, bonuses, and overtime
pay if that is part of the applicant's ongoing regular compensation.
new text end
new text begin (c) Under this subdivision, if the payment with respect to a week is equal to or more
than the applicant's weekly unemployment benefit amount, the applicant is ineligible for
benefits for that week. If the payment with respect to a week is less than the applicant's
weekly unemployment benefit amount, unemployment benefits are reduced by the amount
of the payment.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end An applicant is not eligible to receive unemployment benefits for any week the
applicant is receiving, has received, or will receive severance pay, bonus pay, or any other
payments paid by an employer because of, upon, or after separation from employment.
This paragraph only applies if the payment is:
(1) considered wages under section 268.035, subdivision 29; or
(2) subject to the Federal Insurance Contributions Act (FICA) tax imposed to fund Social
Security and Medicare.
Payments under this paragraph are applied to the period immediately following the later
of the date of separation from employment or the date the applicant first becomes aware
that the employer will be making a payment. The date the payment is actually made or
received, or that an applicant must agree to a release of claims, does not affect the application
of this paragraph.
This paragraph does not apply to earnings under subdivision 5, back pay under
subdivision 6, or vacation pay, sick pay, or personal time off pay under paragraph (a).
new text begin (e) Paragraph (a) applies to all the weeks of payment. The weeks of payment is determined
in accordance with subdivision 3, paragraph (b).
new text end
new text begin (f) Under this subdivision, if the payment with respect to a week is equal to or more than
the applicant's weekly unemployment benefit amount, the applicant is ineligible for benefits
for that week. If the payment with respect to a week is less than the applicant's weekly
unemployment benefit amount, unemployment benefits are reduced by the amount of the
payment.
new text end
deleted text begin (c)deleted text end new text begin (g)new text end An applicant is not eligible to receive unemployment benefits for any week the
applicant is receiving, has received, will receive, or has applied for pension, retirement, or
annuity payments from any plan contributed to by a base period employer including the
United States government. The base period employer is considered to have contributed to
the plan if the contribution is excluded from the definition of wages under section 268.035,
subdivision 29. If the pension, retirement, or annuity payment is paid in a lump sum, an
applicant is not considered to have received a payment if:
(1) the applicant immediately deposits that payment in a qualified pension plan or
account; or
(2) that payment is an early distribution for which the applicant paid an early distribution
penalty under the Internal Revenue Code, United States Code, title 26, section 72(t)(1).
This paragraph does not apply to Social Security benefits under subdivision 4 or 4a.
deleted text begin (d)deleted text end new text begin (h)new text end This subdivision applies to all the weeks of payment. deleted text begin The number of weeks of
payment is determined as follows:
deleted text end
deleted text begin (1) if the payments are made periodically, the total of the payments to be received is
divided by the applicant's last level of regular weekly pay from the employer; or
deleted text end
deleted text begin (2)deleted text end If the payment is made in a lump sum, that sum is divided by the applicant's last
level of regular weekly pay from the employernew text begin to determine the weeks of paymentnew text end .
For purposes of this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end ,new text begin thenew text end "last level of regular weekly pay" includes
commissions, bonuses, and overtime pay if that is part of the applicant's ongoing regular
compensation.
deleted text begin (e)deleted text end new text begin (i)new text end Under this subdivision, if the payment with respect to a week is equal to or more
than the applicant's weekly unemployment benefit amount, the applicant is ineligible for
benefits for that week. If the payment with respect to a week is less than the applicant's
weekly unemployment benefit amount, unemployment benefits are reduced by the amount
of the payment.
Sec. 6.
Minnesota Statutes 2016, section 268.085, subdivision 3a, is amended to read:
Subd. 3a.
Workers' compensation and disability insurance offset.
(a) An applicant
is not eligible to receive unemployment benefits for any week in which the applicant is
receiving or has received compensation for loss of wages equal to or in excess of the
applicant's weekly unemployment benefit amount under:
(1) the workers' compensation law of this state;
(2) the workers' compensation law of any other state or similar federal law; or
(3) any insurance or trust fund paid in whole or in part by an employer.
(b) This subdivision does not apply to an applicant who has a claim pending for loss of
wages under paragraph (a); however, before unemployment benefits may be paid when a
claim is pending, the issue of the applicant being available for suitable employment, as
required under subdivision 1, clause (4), deleted text begin isdeleted text end new text begin must benew text end determined under section 268.101,
subdivision 2. If the applicant later receives compensation as a result of the pending claim,
the applicant is subject to deleted text begin the provisions ofdeleted text end paragraph (a) and the unemployment benefits
paid are deleted text begin subject to recoupment by the commissioner to the extent that the compensation
constitutesdeleted text end overpaid unemployment benefitsnew text begin under section 268.18, subdivision 1new text end .
(c) If the amount of compensation described under paragraph (a) for any week is less
than the applicant's weekly unemployment benefit amount, unemployment benefits requested
for that week are reduced by the amount of that compensation payment.
Sec. 7.
Minnesota Statutes 2017 Supplement, section 268.085, subdivision 13a, is amended
to read:
Subd. 13a.
Leave of absence.
(a) An applicant on a voluntary leave of absence is
ineligible for unemployment benefits for the duration of the leave of absence. An applicant
on an involuntary leave of absence is not ineligible under this subdivision.
A leave of absence is voluntary when work that the applicant can then perform is available
with the applicant's employer but the applicant chooses not to work. A medical leave of
absence is not presumed to be voluntary.
(b) A period of vacation requested by the applicant, paid or unpaid, is a voluntary leave
of absence. A vacation period assigned by an employer under: (1) a uniform vacation
shutdown; (2) a collective bargaining agreement; or (3) an established employer policy, is
an involuntary leave of absence.
(c) A leave of absence is a temporary stopping of work that has been approved by the
employer. A deleted text begin voluntarydeleted text end leave of absence is not a quit deleted text begin and an involuntary leave of absencedeleted text end
deleted text begin is notdeleted text end new text begin ornew text end a discharge from employment deleted text begin for purposes ofdeleted text end new text begin .new text end Section 268.095new text begin does not apply to
a leave of absencenew text end .
(d) An applicant who is on a paid leave of absence, whether the leave of absence is
voluntary or involuntary, is ineligible for unemployment benefits for the duration of the
leave.
(e) This subdivision applies to a leave of absence from a base period employer, an
employer during the period between the end of the base period and the effective date of the
benefit account, or an employer during the benefit year.
Sec. 8.
Minnesota Statutes 2017 Supplement, section 268.095, subdivision 6, is amended
to read:
Subd. 6.
Employment misconduct defined.
(a) Employment misconduct means any
intentional, negligent, or indifferent conduct, on the job or off the jobnew text begin ,new text end that deleted text begin displays clearly:
deleted text end
deleted text begin (1)deleted text end new text begin isnew text end a serious violation of the standards of behavior the employer has the right to
reasonably expect of the employeedeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin (2) a substantial lack of concern for the employment.
deleted text end
(b) Regardless of paragraph (a), the following is not employment misconduct:
(1) conduct that was a consequence of the applicant's mental illness or impairment;
(2) conduct that was a consequence of the applicant's inefficiency or inadvertence;
(3) simple unsatisfactory conduct;
(4) conduct an average reasonable employee would have engaged in under the
circumstances;
(5) conduct that was a consequence of the applicant's inability or incapacity;
(6) good faith errors in judgment if judgment was required;
(7) absence because of illness or injury of the applicant, with proper notice to the
employer;
(8) absence, with proper notice to the employer, in order to provide necessary care
because of the illness, injury, or disability of an immediate family member of the applicant;
(9) conduct that was a consequence of the applicant's chemical dependency, unless the
applicant was previously diagnosed chemically dependent or had treatment for chemical
dependency, and since that diagnosis or treatment has failed to make consistent efforts to
control the chemical dependency; or
(10) conduct that was a consequence of the applicant, or an immediate family member
of the applicant, being a victim of domestic abuse, sexual assault, or stalking. For the
purposes of this subdivision, "domestic abuse," "sexual assault," and "stalking" have the
meanings given them in subdivision 1.
(c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20,
169A.31, 169A.50 to 169A.53, or 171.177 that deleted text begin interferes with ordeleted text end adversely affects the
employment is employment misconduct.
(d) If the conduct for which the applicant was discharged involved only a single incident,
that is an important fact that must be considered in deciding whether the conduct rises to
the level of employment misconduct under paragraph (a). This paragraph does not require
that a determination under section 268.101 or decision under section 268.105 contain a
specific acknowledgment or explanation that this paragraph was considered.
(e) The definition of employment misconduct provided by this subdivision is exclusive
and no other definition applies.
Sec. 9.
Minnesota Statutes 2016, section 268.095, subdivision 6a, is amended to read:
Subd. 6a.
Aggravated employment misconduct defined.
(a) deleted text begin For the purpose of this
section, "aggravated employment misconduct" means:
deleted text end
deleted text begin (1)deleted text end The commission of any act, on the job or off the job, that would amount to a gross
misdemeanor or felony new text begin is aggravated employment misconduct new text end if the act deleted text begin substantially
interfered with the employment ordeleted text end had a significant adverse effect on the employmentdeleted text begin ; ordeleted text end new text begin .
new text end
new text begin A criminal charge or conviction is not necessary to determine aggravated employment
misconduct under this paragraph. If an applicant is convicted of a gross misdemeanor or
felony, the applicant is presumed to have committed the act.
new text end
deleted text begin (2)deleted text end new text begin (b) new text end For an employee of a facility as defined in section 626.5572, aggravated
employment misconduct includes an act of patient or resident abuse, financial exploitation,
or recurring or serious neglect, as defined in section 626.5572 and applicable rules.
deleted text begin (b) If an applicant is convicted of a gross misdemeanor or felony for the same act for
which the applicant was discharged, it is aggravated employment misconduct if the act
substantially interfered with the employment or had a significant adverse effect on the
employment.
deleted text end
(c) The definition of aggravated employment misconduct provided by this subdivision
is exclusive and no other definition applies.
Sec. 10. new text begin EFFECTIVE DATE.
new text end
new text begin Unless otherwise specified, this article is effective September 16, 2018.
new text end
ARTICLE 18
UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; TECHNICAL
Section 1.
Minnesota Statutes 2016, section 268.044, subdivision 3, is amended to read:
Subd. 3.
Missing or erroneous information.
(a) Any employer that submits the wage
detail report, but fails to include all new text begin required new text end employee information or enters erroneous
information, is subject to an administrative service fee of $25 for each employee for whom
the information is partially missing or erroneous.
(b) Any employer that submits the wage detail report, but fails to include an employee,
is subject to an administrative service fee equal to two percent of the total wages for each
employee for whom the information is completely missing.
(c) An administrative service fee under this subdivision must be canceled new text begin under section
268.067 new text end if the commissioner determines that the failure or error by the employer occurred
because of ignorance or inadvertence.
Sec. 2.
Minnesota Statutes 2017 Supplement, section 268.046, subdivision 1, is amended
to read:
Subdivision 1.
Tax accounts assigned.
(a) Any person that contracts with a taxpaying
employer to have that person obtain the taxpaying employer's workforce and provide workers
to the taxpaying employer for a fee is, as of the effective date of the contract, assigned for
the duration of the contract the taxpaying employer's account under section 268.045. That
tax account must be maintained by the person separate and distinct from every other tax
account held by the person and identified in a manner prescribed by the commissioner. The
tax account is, for the duration of the contract, considered that person's account for all
purposes of this chapter. The workers obtained from the taxpaying employer and any other
workers provided by that person to the taxpaying employer, including officers of the
taxpaying employer as defined in section 268.035, subdivision 20, clause deleted text begin (28)deleted text end new text begin (29)new text end , whose
wages paid by the person are considered paid in covered employment under section 268.035,
subdivision 24, for the duration of the contract between the taxpaying employer and the
person, must, under section 268.044, be reported on the wage detail report under that tax
account, and that person must pay any taxes due at the tax rate computed for that account
under section 268.051, subdivision 2.
(b) Any workers of the taxpaying employer who are not covered by the contract under
paragraph (a) must be reported by the taxpaying employer as a separate unit on the wage
detail report under the tax account assigned under paragraph (a). Taxes and any other
amounts due on the wages reported by the taxpaying employer under this paragraph may
be paid directly by the taxpaying employer.
(c) If the taxpaying employer that contracts with a person under paragraph (a) does not
have a tax account at the time of the execution of the contract, an account must be registered
for the taxpaying employer under section 268.042 and the new employer tax rate under
section 268.051, subdivision 5, must be assigned. The tax account is then assigned to the
person as provided for in paragraph (a).
(d) A person that contracts with a taxpaying employer under paragraph (a) must, within
30 calendar days of the execution or termination of a contract, notify the commissioner by
electronic transmission, in a format prescribed by the commissioner, of that execution or
termination. The taxpaying employer's name, the account number assigned, and any other
information required by the commissioner must be provided by that person.
(e) Any contract subject to paragraph (a) must specifically inform the taxpaying employer
of the assignment of the tax account under this section and the taxpaying employer's
obligation under paragraph (b). If there is a termination of the contract, the tax account is,
as of the date of termination, immediately assigned to the taxpaying employer.
Sec. 3.
Minnesota Statutes 2016, section 268.051, subdivision 3, is amended to read:
Subd. 3.
Computation of a taxpaying employer's experience rating.
(a) On or before
each December 15, the commissioner must compute an experience rating for each taxpaying
employer who has deleted text begin been required to filedeleted text end new text begin filednew text end wage detail reports for the deleted text begin 12deleted text end new text begin fournew text end calendar
deleted text begin monthsdeleted text end new text begin quartersnew text end ending on the prior June 30. The experience rating computed is applicable
for the following calendar year.
The experience rating is the ratio obtained by dividing 125 percent of the total
unemployment benefits required under section 268.047 to be used in computing the
employer's tax rate during the deleted text begin 48deleted text end new text begin 16new text end calendar deleted text begin monthsdeleted text end new text begin quartersnew text end ending on the prior June 30,
by the employer's total taxable payroll for that same period.
(b) The experience rating is computed to the nearest one-hundredth of a percent, to a
maximum of 8.90 percent.
(c) The use of 125 percent of unemployment benefits paid under paragraph (a), rather
than 100 percent of the amount of unemployment benefits paid, is done in order for the trust
fund to recover from all taxpaying employers a portion of the costs of unemployment benefits
paid that do not affect any individual employer's future experience rating because of the
reasons set out in subdivision 2, paragraph (f).
Sec. 4.
Minnesota Statutes 2016, section 268.053, subdivision 1, is amended to read:
Subdivision 1.
Election.
(a) Any nonprofit organization that has employees in covered
employment must pay taxes on a quarterly basis in accordance with section 268.051 unless
it elects to make reimbursements to the trust fund the amount of unemployment benefits
charged to its reimbursable account under section 268.047.
The organization may elect to make reimbursements for a period of not less than 24
calendar months beginning with the date that the organization was determined to be an
employer with covered employment by filing a notice of election not later than 30 calendar
days after the date of the determination.
(b) Any nonprofit organization that makes an election will continue to be liable for
reimbursements until it files a notice terminating its election before the beginning of the
calendar quarter the termination is to be effective.
A nonprofit organization that has been making reimbursements that files a notice of
termination of election must be assigned the new employer tax rate under section 268.051,
subdivision 5, until it qualifies for an experience rating under section 268.051, subdivision
3.
(c) Any nonprofit organization that has been paying taxes may elect to make
reimbursements by filing a notice of election. The election is effective at the beginning of
the next calendar quarter. The election is not terminable by the organization for 24 calendar
months.
deleted text begin (d) The commissioner may for good cause extend the period that a notice of election,
or a notice of termination, must be filed and may permit an election to be retroactive.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end A notice of election or notice terminating election must be filed by electronic
transmission in a format prescribed by the commissioner.
Sec. 5.
Minnesota Statutes 2016, section 268.066, is amended to read:
268.066 CANCELLATION OF AMOUNTS DUE FROM AN EMPLOYER.
(a) The commissioner must cancel as uncollectible any amounts due from an employer
under this chapter or section 116L.20, that remain unpaid six years after the amounts have
been first determined due, except where the delinquent amounts are secured by a notice of
lien, a judgment, are in the process of garnishment, or are under a payment plan.
(b) The commissioner may cancel at any time as uncollectible any amount due, or any
portion of an amount due, from an employer under this chapter or section 116L.20, that (1)
are uncollectible due to death or bankruptcy, or (2) the Collection Division of the Department
of Revenue under section 16D.04 was unable to collect.
deleted text begin (c) The commissioner may cancel at any time any interest, penalties, or fees due from
an employer, or any portions due, if the commissioner determines that it is not in the public
interest to pursue collection of the amount due. This paragraph does not apply to
unemployment insurance taxes or reimbursements due.
deleted text end
Sec. 6.
Minnesota Statutes 2016, section 268.067, is amended to read:
268.067 COMPROMISE.
(a) The commissioner may compromise in whole or in part any action, determination,
or decision that affects only an employer and not an applicant. This paragraph applies if it
is determined by a court of law, or a confession of judgment, that an applicant, while
employed, wrongfully took from the employer $500 or more in money or property.
(b) The commissioner may at any time compromise any unemployment insurance tax
deleted text begin ordeleted text end new text begin ,new text end reimbursementnew text begin , interest, penalty, fee, costs, or any other amountnew text end due from an employer
under this chapter or section 116L.20.
(c) Any compromise involving an amount over $10,000 must be authorized by an attorney
licensed to practice law in Minnesota who is an employee of the department designated by
the commissioner for that purpose.
(d) Any compromise must be in the best interest of the state of Minnesota.
Sec. 7.
Minnesota Statutes 2016, section 268.069, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
The commissioner must pay unemployment benefits
from the trust fund to an applicant who has met each of the following requirements:
(1) the applicant has filed an application for unemployment benefits and established a
benefit account in accordance with section 268.07;
(2) the applicant has not been held ineligible for unemployment benefits under section
268.095 because of a quit or discharge;
(3) the applicant has met all of the ongoing eligibility requirements under section 268.085;
(4) the applicant does not have an outstanding overpayment of unemployment benefits,
including any penalties or interest; and
(5) the applicant has not been held ineligible for unemployment benefits under section
deleted text begin 268.182 because of a false representation or concealment of factsdeleted text end new text begin 268.183new text end .
Sec. 8.
Minnesota Statutes 2016, section 268.105, subdivision 6, is amended to read:
Subd. 6.
Representation; fees.
(a) In any proceeding under subdivision 1 or 2, an
applicant or employer may be represented by any authorized representative.
Except for services provided by an attorney-at-law, no person may charge an applicant
a fee of any kind for advising, assisting, or representing an applicant in a hearing deleted text begin ordeleted text end new text begin ,new text end on
reconsiderationnew text begin , or in a proceeding under subdivision 7new text end .
(b) An applicant may not be charged fees, costs, or disbursements of any kind in a
proceeding before an unemployment law judge, the Minnesota Court of Appeals, or the
Supreme Court of Minnesota.
(c) No attorney fees may be awardednew text begin , or costs or disbursements assessed,new text end against the
department as a result of any proceedings under this section.
Sec. 9.
Minnesota Statutes 2016, section 268.145, subdivision 1, is amended to read:
Subdivision 1.
Notification.
(a) Upon filing an application for unemployment benefits,
the applicant must be informed that:
(1) unemployment benefits are subject to federal and state income tax;
(2) there are requirements for filing estimated tax payments;
(3) the applicant may elect to have federal income tax withheld from unemployment
benefits;
(4) if the applicant elects to have federal income tax withheld, the applicant may, in
addition, elect to have Minnesota state income tax withheld; and
(5) at any time during the benefit year the applicant may change a prior election.
(b) If an applicant elects to have federal income tax withheld, the commissioner must
deduct ten percent for federal income tax. If an applicant also elects to have Minnesota state
income tax withheld, the commissioner must make an additional five percent deduction for
state income tax. Any deleted text begin amountsdeleted text end new text begin amountnew text end deducted deleted text begin or offsetdeleted text end underdeleted text begin sections 268.155, 268.18,
and 268.184 havedeleted text end new text begin section 268.085 hasnew text end priority over any amounts deducted under this section.
Federal income tax withholding has priority over state income tax withholding.
(c) An election to have income tax withheld may not be retroactive and only applies to
unemployment benefits paid after the election.
Sec. 10.
Minnesota Statutes 2017 Supplement, section 268.18, subdivision 5, is amended
to read:
Subd. 5.
Remedies.
(a) Any method undertaken to recover an overpayment of
unemployment benefits, including any penalties and interest, is not an election of a method
of recovery.
(b) Intervention or lack thereof, in whole or in part, in a workers' compensation matter
under section 176.361 is not an election of a remedy and does not prevent the commissioner
from determining an applicant ineligible for unemployment benefits deleted text begin or taking action under
section 268.183deleted text end .
Sec. 11. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin The revisor of statutes is instructed to make the following changes in Minnesota Statutes:
new text end
new text begin (1) change the term "fraud" to "misrepresentation" in sections 268.085, subdivision 2,
and 268.186, subdivision 1;
new text end
new text begin (2) delete the term "bona fide" wherever it appears in section 268.035;
new text end
new text begin (3) replace the term "under" with "subject to" in section 268.047, subdivision 2, clause
(8);
new text end
new text begin (4) replace the term "displays clearly" with "shows" in chapter 268;
new text end
new text begin (5) replace the term "entire" with "hearing" in section 268.105;
new text end
new text begin (6) replace "24 calendar months" with "eight calendar quarters" in section 268.052,
subdivision 2.
new text end
Sec. 12. new text begin REPEALER.
new text end
new text begin Minnesota Statutes 2016, section 268.053, subdivisions 4 and 5,new text end new text begin are repealed.
new text end
Sec. 13. new text begin EFFECTIVE DATE.
new text end
new text begin Unless otherwise specified, this article is effective September 16, 2018.
new text end
ARTICLE 19
ENVIRONMENT AND NATURAL RESOURCES
Section 1. new text begin APPROPRIATIONS. |
new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2017, chapter 93, or appropriated
to the agencies and for the purposes specified in this article. The appropriations are from
the general fund, or another named fund, and are available for the fiscal year indicated for
each purpose. The figures "2018" and "2019" used in this article mean that the addition to
the appropriations listed under them are available for the fiscal year ending June 30, 2018,
or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year" is
fiscal year 2019.
new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2018 new text end | new text begin 2019 new text end | |||||
Sec. 2. new text begin POLLUTION CONTROL AGENCY | ||||||
new text begin Subdivision 1.new text endnew text begin Total Appropriation | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 300,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin General new text end | new text begin -0- new text end | new text begin (300,000) new text end |
| new text begin Environmental new text end | new text begin -0- new text end | new text begin 600,000 new text end |
new text begin Subd. 2.new text endnew text begin Resource Management | new text begin -0- new text end | new text begin -0- new text end | ||||
new text begin (a) $300,000 the second year is a reduction
from the general fund for competitive
recycling grants under Minnesota Statutes,
section 115A.565. This is a onetime reduction.
new text end
new text begin (b) $300,000 the second year is from the
environmental fund for competitive recycling
grants under Minnesota Statutes, section
115A.565. This is a onetime appropriation.
new text end
new text begin Subd. 3.new text endnew text begin Watershed | new text begin -0- new text end | new text begin 300,000 new text end | ||||
new text begin $300,000 the second year is from the
environmental fund for a grant to the
Minnesota Association of County Feedlot
Officers to develop, in coordination with the
Pollution Control Agency and the University
of Minnesota Extension program, an online
training curriculum related to animal feedlot
requirements under Minnesota Rules, chapter
7020. The curriculum must be developed to:
new text end
new text begin (1) provide base-level knowledge to new and
existing county feedlot pollution control
officers on feedlot registration, permitting,
compliance, enforcement, and program
administration;
new text end
new text begin (2) provide assistance to new and existing
county feedlot pollution control officers for
working efficiently and effectively with
producers; and
new text end
new text begin (3) reduce the incidence of manure or nutrients
entering surface water or groundwater.
new text end
new text begin This is a onetime appropriation and is
available until June 30, 2020.
new text end
Sec. 3. new text begin NATURAL RESOURCES. | ||||||
new text begin Subdivision 1.new text endnew text begin Total Appropriation | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 3,934,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin General new text end | new text begin -0- new text end | new text begin 275,000 new text end |
| new text begin Natural Resources new text end | new text begin -0- new text end | new text begin 2,905,000 new text end |
| new text begin Game and Fish new text end | new text begin -0- new text end | new text begin 754,000 new text end |
new text begin Subd. 2.new text endnew text begin Lands and Minerals Management | new text begin -0- new text end | new text begin 654,000 new text end | ||||
new text begin (a) $335,000 the second year is for aggregate
mapping. This is a onetime appropriation and
is available until June 30, 2020.
new text end
new text begin (b) $319,000 the second year is from the
mineral management account in the natural
resources fund for environmental research
relating to mine permitting, in consultation
with the Mineral Coordinating Committee.
new text end
new text begin Subd. 3.new text endnew text begin Ecological and Water Resources | new text begin -0- new text end | new text begin 525,000 new text end | ||||
new text begin (a) $425,000 the second year is for grants to
lake associations to manage aquatic invasive
species, including grants for projects to control
and provide public awareness of aquatic
invasive species and for watercraft inspections
in partnership with local units of government.
This is a onetime appropriation.
new text end
new text begin (b) $100,000 the second year is from the
heritage enhancement account in the game and
fish fund for a grant to the Board of Regents
of the University of Minnesota to conduct a
statewide survey and analysis of Minnesota
anglers' attitude toward fish stocking. The
survey must include a representative sample
of anglers from all regions of the state and
must examine Minnesota anglers' attitudes
toward the stocking of each fish species that
is or has been stocked by the Department of
Natural Resources. The Board of Regents must
report the results of the survey and analysis to
the chairs and ranking minority members of
the legislative committees with jurisdiction
over environment and natural resources
finance no later than March 1, 2020. The
report must include data about the amount
spent on stocking each fish species. This is a
onetime appropriation.
new text end
new text begin Subd. 4.new text endnew text begin Forest Management | new text begin -0- new text end | new text begin -0- new text end | ||||
new text begin (a) $1,131,000 the second year is a reduction
to the general fund for the Next Generation
Core Forestry data system. This is a onetime
reduction.
new text end
new text begin (b) $1,131,000 the second year is from the
forest management investment account in the
natural resources fund for the Next Generation
Core Forestry data system. This is a onetime
appropriation and is available until June 30,
2021.
new text end
new text begin Subd. 5.new text endnew text begin Parks and Trails Management | new text begin -0- new text end | new text begin 1,415,000 new text end | ||||
new text begin (a) $100,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for a grant to the city of
Virginia to develop, in cooperation with the
Quad Cities ATV Club, an all-terrain vehicle
trail system in the cities of Virginia, Eveleth,
Gilbert, and Mountain Iron and surrounding
areas. This is a onetime appropriation and is
available until June 30, 2021.
new text end
new text begin (b) $200,000 the second year is from the
off-road vehicle account in the natural
resources fund for a contract with a project
administrator to assist the commissioner in
planning, designing, and providing a system
of state touring routes for off-road vehicles by
identifying sustainable, legal routes suitable
for licensed four-wheel drive vehicles and a
system of recreational trails for registered
off-road vehicles. Any portion of this
appropriation not used for the project
administrator is available for signage or
promotion of the system. This is a onetime
appropriation.
new text end
new text begin (c) $200,000 the second year is from the
off-road vehicle account in the natural
resources fund for a contract to prepare a
comprehensive, statewide, strategic master
plan for trails for off-road vehicles. The master
plan must be consistent with federal, tribal,
state, and local law and regulations. The
commissioner must consult with the Minnesota
Four Wheel Drive Association in developing
contract criteria. This is a onetime
appropriation and is available until June 30,
2019.
new text end
new text begin (d) $200,000 the second year is from the
off-road vehicle account in the natural
resources fund to reimburse federal, county,
and township entities for additional needs on
roads under the claimant's jurisdiction when
the needs are a result of increased use by
off-road vehicles and are attributable to a
border-to-border touring route established by
the commissioner. This paragraph does apply
to roads that are operated by a public road
authority as defined in Minnesota Statutes,
section 160.02, subdivision 25. This is a
onetime appropriation and is available until
June 30, 2023. To be eligible for
reimbursement under this paragraph, the
claimant must demonstrate that the needs
result from additional traffic generated by the
border-to-border touring route.
new text end
new text begin (e) $315,000 the second year is from the
natural resources fund for a grant to St. Louis
County to be used as a match to a state
bonding grant for trail and bridge construction
and for a maintenance fund for a five-mile
segment of the Voyageur Country ATV trail
system, including a multiuse bridge over the
Vermilion River that would serve ATVs,
snowmobiles, off-road vehicles, off-highway
motorcycles, and emergency vehicles in St.
Louis County. Of this amount, $285,000 is
from the all-terrain vehicle account, $15,000
is from the off-road vehicle account, and
$15,000 is from the off-highway motorcycle
account. This is a onetime appropriation and
is available until June 30, 2021.
new text end
new text begin (f) $300,000 the second year is from the
natural resources fund for a grant to Lake
County to match other funding sources to
develop the Prospectors Loop trail system. Of
this amount, $270,000 is from the all-terrain
vehicle account, $15,000 is from the
off-highway motorcycle account, and $15,000
is from the off-road vehicle account. This is
a onetime appropriation and is available until
June 30, 2021.
new text end
new text begin (g) $100,000 the second year is from the
all-terrain vehicle account in the natural
resources fund for wetland delineation and
work on an environmental assessment
worksheet for the Taconite State Trail from
Ely to Tower consistent with the 2017
Taconite State Trail Master Plan. This is a
onetime appropriation and is available until
June 30, 2021.
new text end
new text begin Subd. 6.new text endnew text begin Fish and Wildlife Management | new text begin -0- new text end | new text begin 1,092,000 new text end | ||||
new text begin (a) $438,000 the second year is for wildlife
disease surveillance and response. This is a
onetime appropriation.
new text end
new text begin (b) The commissioner may use up to $7,000
of the amount appropriated from the general
fund in Laws 2017, chapter 93, article 1,
section 3, subdivision 8, to cover the cost of:
new text end
new text begin (1) the redesign of the printed and digital
versions of fishing regulations and hunting
and trapping regulations; and
new text end
new text begin (2) the reprogramming of the electronic
licensing system, to conform to the
requirements of providing voter registration
information under Minnesota Statutes, section
97A.409.
new text end
new text begin (c) Notwithstanding Minnesota Statutes,
section 297A.94, $654,000 the second year is
from the heritage enhancement account in the
game and fish fund for planning and
emergency response to disease outbreaks in
wildlife. This is a onetime appropriation and
is available until June 30, 2020.
new text end
new text begin Subd. 7.new text endnew text begin Enforcement | new text begin -0- new text end | new text begin 248,000 new text end | ||||
new text begin (a) $208,000 the second year is for responding
to escaped animals from Cervidae farms,
including inspection of farmed Cervidae,
farmed Cervidae facilities, and farmed
Cervidae records when the commissioner has
reasonable suspicion that laws protecting
native wild animals or other provisions of
Minnesota Statutes, section 35.155 have been
violated. This is a onetime appropriation.
new text end
new text begin (b) $40,000 the second year is from the
all-terrain vehicle account in the natural
resources fund to develop a voluntary online
youth all-terrain vehicle training program
under Minnesota Statutes, section 84.925,
subdivision 1. This is a onetime appropriation.
new text end
Sec. 4. new text begin BOARD OF WATER AND SOIL | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 25,000 new text end | ||
new text begin $25,000 the second year is for a grant to the
Red River Basin Commission for water quality
and floodplain management. This is a onetime
appropriation.
new text end
Sec. 5. new text begin NATURAL RESOURCES DAMAGES | ||||||
new text begin By June 30, 2018, any money in the general
portion of the remediation fund dedicated for
the purposes of the natural resources damages
account must be transferred to the natural
resources damages account.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 6.
Laws 2010, chapter 361, article 4, section 78, is amended to read:
Sec. 78. APPROPRIATION; MOOSE TRAIL.
$100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources
from the all-terrain vehicle account in the natural resources fund for a grant to the city of
Hoyt Lakes deleted text begin to convert the Moose Trail snowmobile trail todeleted text end new text begin fornew text end a dual usage deleted text begin trail, so that it
may also be used as andeleted text end off-highway vehicle trail connecting the city of Biwabik to the Iron
Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and is available
until deleted text begin spentdeleted text end new text begin June 30, 2020new text end .
Sec. 7.
Laws 2016, chapter 189, article 3, section 3, subdivision 5, is amended to read:
Subd. 5.Parks and Trails Management | -0- | 6,459,000 | ||||
| Appropriations by Fund | ||
| 2016 | 2017 | |
| General | -0- | 2,929,000 |
| Natural Resources | -0- | 3,530,000 |
$2,800,000 the second year is a onetime
appropriation.
$2,300,000 the second year is from the state
parks account in the natural resources fund.
Of this amount, $1,300,000 is onetime, of
which $1,150,000 is for strategic park
acquisition.
$20,000 the second year is from the natural
resources fund to design and erect signs
marking the David Dill trail designated in this
act. Of this amount, $10,000 is from the
snowmobile trails and enforcement account
and $10,000 is from the all-terrain vehicle
account. This is a onetime appropriation.
$100,000 the second year is for the
improvement of the infrastructure for sanitary
sewer service at the Woodenfrog Campground
in Kabetogama State Forest. This is a onetime
appropriation.
$29,000 the second year is for computer
programming related to the transfer-on-death
title changes for watercraft. This is a onetime
appropriation.
$210,000 the first year is from the water
recreation account in the natural resources
fund for implementation of Minnesota
Statutes, section 86B.532, established in this
act. This is a onetime appropriation. The
commissioner of natural resources shall seek
federal and other nonstate funds to reimburse
the department for the initial costs of
producing and distributing carbon monoxide
boat warning labels. All amounts collected
under this paragraph shall be deposited into
the water recreation account.
$1,000,000 the second year is from the natural
resources fund for a grant to Lake County for
construction, including bridges, of the
Prospectors ATV Trail System linking the
communities of Ely, Babbitt, Embarrass, and
Tower; Bear Head Lake and Lake
Vermilion-Soudan Underground Mine State
Parks; the Taconite State Trail; and the Lake
County Regional ATV Trail System. Of this
amount, $900,000 is from the all-terrain
vehicle account, $50,000 is from the
off-highway motorcycle account, and $50,000
is from the off-road vehicle account. This is
a onetime appropriationnew text begin and is available until
June 30, 2019new text end .
Sec. 8.
Laws 2016, chapter 189, article 3, section 4, is amended to read:
Sec. 4. BOARD OF WATER AND SOIL | $ | -0- | $ | 479,000 | ||
$479,000 the second year is for the
development of a detailed plan to implement
a working lands watershed restoration program
to incentivize the establishment and
maintenance of perennial crops that includes
the following:
(1) a process for selecting pilot watersheds
that are expected to result in the greatest water
quality improvements and exhibit readiness
to participate in the program;
(2) an assessment of the quantity of
agricultural land that is expected to be eligible
for the program in each watershed;
(3) an assessment of landowner interest in
participating in the program;
(4) an assessment of the contract terms and
any recommendations for changes to the terms,
including consideration of variable payment
rates for lands of different priority or type;
(5) an assessment of the opportunity to
leverage federal funds through the program
and recommendations on how to maximize
the use of federal funds for assistance to
establish perennial crops;
(6) an assessment of how other state programs
could complement the program;
(7) an estimate of water quality improvements
expected to result from implementation in pilot
watersheds;
(8) an assessment of how to best integrate
program implementation with existing
conservation requirements and develop
recommendations on harvest practices and
timing to benefit wildlife production;
(9) an assessment of the potential viability and
water quality benefit of cover crops used in
biomass processing facilities;
(10) a timeline for implementation,
coordinated to the extent possible with
proposed biomass processing facilities; deleted text begin and
deleted text end
(11) a projection of funding sources needed
to complete implementationdeleted text begin .deleted text end new text begin ;
new text end
new text begin (12) outreach to local governments, interest
groups, and individual farmers on the
economic and environmental benefits of
perennial and cover crops;
new text end
new text begin (13) establishment of detailed criteria to target
the location of perennial and cover crops on
a watershed basis to maximize the
environmental benefit at the lowest cost; and
new text end
new text begin (14) development of model contracts to
include payment rates, duration, type of crops,
harvest standards, and monitoring procedures
for use in future program implementation.
new text end
This is a onetime appropriation and is
available until June 30, deleted text begin 2018deleted text end new text begin 2019new text end .
The board shall coordinate development of
the working lands watershed restoration plan
with stakeholders and the commissioners of
natural resources, agriculture, and the
Pollution Control Agency. The board must
submit an interim report by October 15, deleted text begin 2017deleted text end new text begin
2018new text end , and the feasibility study and program
plan by February 1, deleted text begin 2018deleted text end new text begin 2019new text end , to the chairs
and ranking minority members of the
legislative committees and divisions with
jurisdiction over agriculture, natural resources,
and environment policy and finance and to the
Clean Water Council.
Sec. 9.
Laws 2017, chapter 93, article 1, section 3, subdivision 6, is amended to read:
Subd. 6.Fish and Wildlife Management | 68,207,000 | deleted text begin 67,750,000 deleted text end new text begin 69,210,000 new text end | ||||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| Natural Resources | 1,912,000 | 1,912,000 |
| Game and Fish | 66,295,000 | deleted text begin 65,838,000 deleted text end new text begin 67,298,000 new text end |
(a) $8,283,000 the first year and $8,386,000
the second year are from the heritage
enhancement account in the game and fish
fund only for activities specified in Minnesota
Statutes, section 297A.94, paragraph (e),
clause (1). Notwithstanding Minnesota
Statutes, section 297A.94, five percent of this
appropriation may be used for expanding
hunter and angler recruitment and retention.
(b) Notwithstanding Minnesota Statutes,
section 297A.94, $30,000 the first year is from
the heritage enhancement account in the game
and fish fund for the commissioner of natural
resources to contract with a private entity to
search for a site to construct a world-class
shooting range and club house for use by the
Minnesota State High School League and for
other regional, statewide, national, and
international shooting events. The
commissioner must provide public notice of
the search, including making the public aware
of the process through the Department of
Natural Resources' media outlets, and solicit
input on the location and building options for
the facility. The siting search process must
include a public process to determine if any
business or individual is interested in donating
land for the facility, anticipated to be at least
500 acres. The site search team must meet
with interested third parties affected by or
interested in the facility. The commissioner
must submit a report with the results of the
site search to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over environment
and natural resources by March 1, 2018. This
is a onetime appropriation.
(c) Notwithstanding Minnesota Statutes,
section 297A.94, $30,000 the first year is from
the heritage enhancement account in the game
and fish fund for a study of lead shot
deposition on state lands. By March 1, 2018,
the commissioner shall provide a report of the
study to the chairs and ranking minority
members of the legislative committees with
jurisdiction over natural resources policy and
finance. This is a onetime appropriation.
(d) Notwithstanding Minnesota Statutes,
section 297A.94, $500,000 the first year is
from the heritage enhancement account in the
game and fish fund for planning and
emergency response to disease outbreaks in
wildlife. This is a onetime appropriation and
is available until June 30, 2019.
new text begin (e) $8,606,000 the second year is from the
deer management account in the game and
fish fund for the purposes specified under
Minnesota Statutes, section 97A.075,
subdivision 1, paragraph (b).
new text end
Sec. 10.
Laws 2017, chapter 93, article 1, section 4, is amended to read:
Sec. 4. BOARD OF WATER AND SOIL | $ | 14,311,000 | $ | 14,164,000 | ||
(a) $3,423,000 the first year and $3,423,000
the second year are for natural resources block
grants to local governments. Grants must be
matched with a combination of local cash or
in-kind contributions. The base grant portion
related to water planning must be matched by
an amount as specified by Minnesota Statutes,
section 103B.3369. The board may reduce the
amount of the natural resources block grant
to a county by an amount equal to any
reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that the
reduction was disproportionate.
(b) $3,116,000 the first year and $3,116,000
the second year are for grants to soil and water
conservation districts for the purposes of
Minnesota Statutes, sections 103C.321 and
103C.331, and for general purposes, nonpoint
engineering, and implementation and
stewardship of the reinvest in Minnesota
reserve program. Expenditures may be made
from these appropriations for supplies and
services benefiting soil and water conservation
districts. Any district receiving a payment
under this paragraph shall maintain a Web
page that publishes, at a minimum, its annual
report, annual audit, annual budget, and
meeting notices.
(c) $260,000 the first year and $260,000 the
second year are for feedlot water quality cost
share grants for feedlots under 300 animal
units and nutrient and manure management
projects in watersheds where there are
impaired waters.
(d) $1,200,000 the first year and $1,200,000
the second year are for soil and water
conservation district cost-sharing contracts for
perennially vegetated riparian buffers, erosion
control, water retention and treatment, and
other high-priority conservation practices.
(e) $100,000 the first year and $100,000 the
second year are for county cooperative weed
management cost-share programs and to
restore native plants in selected invasive
species management sites.
(f) $761,000 the first year and $761,000 the
second year are for implementation,
enforcement, and oversight of the Wetland
Conservation Act, including administration of
the wetland banking program and in-lieu fee
mechanism.
(g) $300,000 the first year is for improving
the efficiency and effectiveness of Minnesota's
wetland regulatory programs through
continued examination of United States Clean
Water Act section 404 assumption including
negotiation of draft agreements with the
United States Environmental Protection
Agency and the United States Army Corps of
Engineers, planning for an online permitting
system, upgrading the existing wetland
banking database, and developing an in-lieu
fee wetland banking program as authorized
by statute. This is a onetime appropriationnew text begin and
is available until June 30, 2019new text end .
(h) $166,000 the first year and $166,000 the
second year are to provide technical assistance
to local drainage management officials and
for the costs of the Drainage Work Group. The
Board of Water and Soil Resources must
coordinate the stakeholder drainage work
group in accordance with Minnesota Statutes,
section 103B.101, subdivision 13, to evaluate
and make recommendations to accelerate
drainage system acquisition and establishment
of ditch buffer strips under Minnesota Statutes,
chapter 103E, or compatible alternative
practices required by Minnesota Statutes,
section 103F.48. The evaluation and
recommendations must be submitted in a
report to the senate and house of
representatives committees with jurisdiction
over agriculture and environment policy by
February 1, 2018.
(i) $100,000 the first year and $100,000 the
second year are for a grant to the Red River
Basin Commission for water quality and
floodplain management, including
administration of programs. This appropriation
must be matched by nonstate funds. If the
appropriation in either year is insufficient, the
appropriation in the other year is available for
it.
(j) $140,000 the first year and $140,000 the
second year are for grants to Area II
Minnesota River Basin Projects for floodplain
management.
(k) $125,000 the first year and $125,000 the
second year are for conservation easement
stewardship.
(l) $240,000 the first year and $240,000 the
second year are for a grant to the Lower
Minnesota River Watershed District to defray
the annual cost of operating and maintaining
sites for dredge spoil to sustain the state,
national, and international commercial and
recreational navigation on the lower Minnesota
River.
(m) $4,380,000 the first year and $4,533,000
the second year are for Board of Water and
Soil Resources agency administration and
operations.
(n) Notwithstanding Minnesota Statutes,
section 103C.501, the board may shift
cost-share funds in this section and may adjust
the technical and administrative assistance
portion of the grant funds to leverage federal
or other nonstate funds or to address
high-priority needs identified in local water
management plans or comprehensive water
management plans.
(o) The appropriations for grants in this section
are available until June 30, 2021, except
returned grants are available for two years
after they are returned. If an appropriation for
grants in either year is insufficient, the
appropriation in the other year is available for
it.
(p) Notwithstanding Minnesota Statutes,
section 16B.97, the appropriations for grants
in this section are exempt from Department
of Administration, Office of Grants
Management Policy 08-08 Grant Payments
and 08-10 Grant Monitoring.
ARTICLE 20
ENVIRONMENT AND NATURAL RESOURCES POLICY
Section 1.
new text begin [11A.236] ACCOUNT FOR INVESTMENT OF PERMIT TO MINE
FINANCIAL ASSURANCE MONEY.
new text end
new text begin Subdivision 1.new text end
new text begin Establishment; appropriation.new text end
new text begin (a) The State Board of Investment, when
requested by the commissioner of natural resources, may invest money collected by the
commissioner as part of financial assurance provided under a permit to mine issued under
chapter 93. The State Board of Investment may establish one or more accounts into which
money may be deposited for the purposes of this section, subject to the policies and
procedures of the State Board of Investment. Use of any money in the account shall be
restricted to the financial assurance purposes identified in sections 93.46 to 93.51, and rules
adopted thereunder, and as authorized under any trust fund agreements or other conditions
established under a permit to mine.
new text end
new text begin (b) Money in the accounts is appropriated to the commissioner for the purposes for
which the account is established under this section.
new text end
new text begin Subd. 2.new text end
new text begin Account maintenance and investment.new text end
new text begin The commissioner of natural resources
may deposit money in the appropriate account and may withdraw money from the appropriate
account for the financial assurance purposes identified in sections 93.46 to 93.51 and rules
adopted thereunder and as authorized under any trust fund agreements or other conditions
established under the permit to mine for which the financial assurance is provided, subject
to the policies and procedures of the State Board of Investment. Investment strategies related
to an account established under this section must be determined jointly by the commissioner
of natural resources and the executive director of the State Board of Investment. The
authorized investments for an account shall be the investments authorized under section
11A.24 that are made available for investment by the State Board of Investment. Investment
transactions must be at a time and in a manner determined by the executive director of the
State Board of Investment. Decisions to withdraw money from the account must be
determined by the commissioner of natural resources, subject to the policies and procedures
of the State Board of Investment. Investment earnings must be credited to the appropriate
account for financial assurance under the identified permit to mine. An account may be
terminated by the commissioner of natural resources at any time, so long as the termination
is in accordance with applicable statutes, rules, trust fund agreements, or other conditions
established under the permit to mine, subject to the policies and procedures of the State
Board of Investment.
new text end
Sec. 2.
Minnesota Statutes 2016, section 17.494, is amended to read:
17.494 AQUACULTURE PERMITS; RULES.
new text begin (a) new text end The commissioner shall act as permit or license coordinator for aquatic farmers and
shall assist aquatic farmers to obtain licenses or permits.
deleted text begin By July 1, 1992,deleted text end new text begin (b) new text end A state agency issuing multiple permits or licenses for aquaculture
shall consolidate the permits or licenses required for every aquatic farm location. The
Department of Natural Resources transportation permits are exempt from this requirement.
State agencies shall adopt rules or issue commissioner's orders that establish permit and
license requirements, approval timelines, and compliance standards.new text begin Saltwater aquatic farms,
as defined in section 17.4982, and processing facilities for saltwater aquatic life, as defined
in section 17.4982, must be classified as agricultural operations for purposes of any
construction, discharge, or other permit issued by the Pollution Control Agency.
new text end
Nothing in this section modifies any state agency's regulatory authority over aquaculture
production.
Sec. 3.
Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to
read:
new text begin Subd. 20a.new text end
new text begin Saltwater aquaculture.new text end
new text begin "Saltwater aquaculture" means the commercial
propagation and rearing of saltwater aquatic life, including, but not limited to, crustaceans,
primarily for consumption as human food.
new text end
Sec. 4.
Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to
read:
new text begin Subd. 20b.new text end
new text begin Saltwater aquatic farm.new text end
new text begin "Saltwater aquatic farm" means a facility used for
saltwater aquaculture, including, but not limited to, artificial ponds, vats, tanks, raceways,
and other facilities that an aquatic farmer owns or has exclusive control of for the sole
purpose of producing saltwater aquatic life.
new text end
Sec. 5.
Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to
read:
new text begin Subd. 20c.new text end
new text begin Saltwater aquatic life.new text end
new text begin "Saltwater aquatic life" means aquatic species that
are saltwater obligates or perform optimally when raised in salinities closer to that of natural
seawater and need saltwater to survive.
new text end
Sec. 6.
new text begin [17.499] TRANSPORTATION OR IMPORTATION OF SALTWATER
AQUATIC LIFE; QUARANTINE REQUIREMENT.
new text end
new text begin Subdivision 1.new text end
new text begin Purpose.new text end
new text begin The legislature finds that it is in the public interest to increase
private saltwater aquaculture production and processing in this state under the coordination
of the commissioner of agriculture. Additional private production will reduce dependence
on foreign suppliers and benefit the rural economy by creating new jobs and economic
activity.
new text end
new text begin Subd. 2.new text end
new text begin Transportation permit.new text end
new text begin (a) Notwithstanding the requirements in section
17.4985, saltwater aquatic life transportation and importation requirements are governed
by this section. A transportation permit is required prior to any importation or intrastate
transportation of saltwater aquatic life not exempted under subdivision 3. A transportation
permit may be used for multiple shipments within the 30-day term of the permit if the source
and the destination remain the same. Transportation permits must be obtained from the
commissioner prior to shipment of saltwater aquatic life.
new text end
new text begin (b) An application for a transportation permit must be made in the form required by the
commissioner. The commissioner may reject an incomplete application.
new text end
new text begin (c) An application for a transportation permit must be accompanied by satisfactory
evidence, as determined by the commissioner, that the shipment is free of any nonindigenous
species of animal other than the saltwater aquatic species and either:
new text end
new text begin (1) the facility from which the saltwater aquatic life originated has provided
documentation of 36 or more consecutive months of negative testing by an approved
laboratory as free of any disease listed by OIE - the World Organisation for Animal Health
for that species following the testing guidelines outlined in the OIE Aquatic Animal Health
Code for crustaceans or the AFS Fish Health Blue Book for other species, as appropriate;
or
new text end
new text begin (2) the saltwater aquatic life to be imported or transported includes documentation of
negative testing for that specific lot by an approved laboratory as free of any disease listed
by OIE - the World Organisation for Animal Health for crustaceans or in the AFS Fish
Health Blue Book for other species, as appropriate.
new text end
new text begin If a shipment authorized by the commissioner under clause (1) includes saltwater aquatic
life that originated in a foreign country, the shipment must be quarantined at the receiving
facility according to a quarantine plan approved by the commissioner. A shipment authorized
by the commissioner under clause (2) must be quarantined at the receiving facility according
to a quarantine plan approved by the commissioner.
new text end
new text begin (d) For purposes of this subdivision, "approved laboratory" means a laboratory approved
by the commissioner or the United States Department of Agriculture, Animal and Plant
Health Inspection Services.
new text end
new text begin (e) No later than 14 calendar days after a completed transportation permit application
is received, the commissioner must approve or deny the transportation permit application.
new text end
new text begin (f) A copy of the transportation permit must accompany a shipment of saltwater aquatic
life while in transit and must be available for inspection by the commissioner.
new text end
new text begin (g) A vehicle used by a licensee for transporting aquatic life must be identified with the
license number and the licensee's name and town of residence as it appears on the license.
A vehicle used by a licensee must have identification displayed so that it is readily visible
from either side of the vehicle in letters and numbers not less than 2-1/2 inches high and
three-eighths inch wide. Identification may be permanently affixed to vehicles or displayed
on removable plates or placards placed on opposite doors of the vehicle or on the tanks
carried on the vehicle.
new text end
new text begin (h) An application to license a vehicle for brood stock or larvae transport or for use as
a saltwater aquatic life vendor that is received by the commissioner is a temporary license
until approved or denied by the commissioner.
new text end
new text begin Subd. 3.new text end
new text begin Exemptions.new text end
new text begin (a) A transportation permit is not required to transport or import
saltwater aquatic life:
new text end
new text begin (1) previously processed for use as food or other purposes unrelated to propagation;
new text end
new text begin (2) transported directly to an outlet for processing as food or for other food purposes if
accompanied by shipping documents;
new text end
new text begin (3) that is being exported if accompanied by shipping documents;
new text end
new text begin (4) that is being transported through the state if accompanied by shipping documents;
or
new text end
new text begin (5) transported intrastate within or between facilities licensed for saltwater aquaculture
by the commissioner if accompanied by shipping documents.
new text end
new text begin (b) Shipping documents required under paragraph (a) must include the place of origin,
owner or consignee, destination, number, species, and satisfactory evidence, as determined
by the commissioner, of the disease-free certification required under subdivision 2, paragraph
(c), clauses (1) and (2).
new text end
Sec. 7.
Minnesota Statutes 2017 Supplement, section 84.01, subdivision 6, is amended to
read:
Subd. 6.
Legal counsel.
The commissioner of natural resources may appoint attorneys
or outside counsel to render title opinions, represent the department in severed mineral
interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute
to the contrary, represent the state in quiet title or title registration actions affecting land or
interests in land administered by the commissionernew text begin and in all proceedings relating to road
vacationsnew text end .
Sec. 8.
Minnesota Statutes 2016, section 84.0895, subdivision 2, is amended to read:
Subd. 2.
Application.
(a) Subdivision 1 does not apply to:
(1) plants on land classified for property tax purposes as class 2a or 2c agricultural land
under section 273.13, deleted text begin ordeleted text end on deleted text begin ditches and roadwaysdeleted text end new text begin a ditch, or on an existing public road
right-of-way as defined in section 84.92, subdivision 6a, except for ground not previously
disturbed by construction or maintenancenew text end ; and
(2) noxious weeds designated pursuant to sections 18.76 to 18.88 or to weeds otherwise
designated as troublesome by the Department of Agriculture.
(b) If control of noxious weeds is necessary, it takes priority over the protection of
endangered plant species, as long as a reasonable effort is taken to preserve the endangered
plant species first.
(c) The taking or killing of an endangered plant species on land adjacent to class 3 or
3b agricultural land as a result of the application of pesticides or other agricultural chemical
on the class 3 or 3b land is not a violation of subdivision 1, if reasonable care is taken in
the application of the pesticide or other chemical to avoid impact on adjacent lands. For the
purpose of this paragraph, class 3 or 3b agricultural land does not include timber land, waste
land, or other land for which the owner receives a state paid wetlands or native prairie tax
credit.
(d) The accidental taking of an endangered plant, where the existence of the plant is not
known at the time of the taking, is not a violation of subdivision 1.
Sec. 9.
Minnesota Statutes 2016, section 84.775, subdivision 1, is amended to read:
Subdivision 1.
Civil citation; authority to issue.
(a) A conservation officer or other
licensed peace officer may issue a civil citation to a person who operates:
(1) an off-highway motorcycle in violation of sections 84.773, subdivision 1 or 2, clause
(1); 84.777; 84.788 to 84.795; or 84.90;
(2) an off-road vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.798 to 84.804; or 84.90; or
(3) an all-terrain vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; 84.90; or 84.922 to 84.928.
(b) A civil citation under paragraph (a) shall require restitution for public and private
property damage and impose a penalty of:
(1) $100 for the first offense;
(2) $200 for the second offense; and
(3) $500 for third and subsequent offenses.
(c) A conservation officer or other licensed peace officer may issue a civil citation to a
person who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle in
violation of section 84.773, subdivision 2, clause (2) or (3). A civil citation under this
paragraph shall require restitution for damage to wetlands and impose a penalty of:
(1) $100 for the first offense;
(2) $500 for the second offense; and
(3) $1,000 for third and subsequent offenses.
(d) If the peace officer determines that there is damage to property requiring restitution,
the commissioner must send a written explanation of the extent of the damage and the cost
of the repair by first class mail to the address provided by the person receiving the citation
within 15 days of the date of the citation.
(e) An off-road vehicle deleted text begin or all-terrain vehicledeleted text end that is equipped with a snorkel device and
receives a civil citation under this section is subject to twice the penalty amounts in
paragraphs (b) and (c).
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2016, section 84.86, subdivision 1, is amended to read:
Subdivision 1.
Required rules.
With a view of achieving maximum use of snowmobiles
consistent with protection of the environment the commissioner of natural resources shall
adopt rules in the manner provided by chapter 14, for the following purposes:
(1) Registration of snowmobiles and display of registration numbers.
(2) Use of snowmobiles insofar as game and fish resources are affected.
(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.
(4) Uniform signs to be used by the state, counties, and cities, which are necessary or
desirable to control, direct, or regulate the operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety education and training program,
including but not limited to the preparation and dissemination of snowmobile information
and safety advice to the public, the training of snowmobile operators, and the issuance of
snowmobile safety certificates to snowmobile operators who successfully complete the
snowmobile safety education and training course. For the purpose of administering such
program and to defray expenses of training and certifying snowmobile operators, the
commissioner shall collect a fee from each person who receives the youth or adult training.
The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for
issuing a duplicate snowmobile safety certificate. The commissioner shall establish both
fees in a manner that neither significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the services. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The fees may be established
by the commissioner notwithstanding section 16A.1283. The fees, except for the issuing
fee for licensing agents under this subdivision, shall be deposited in the snowmobile trails
and enforcement account in the natural resources fund and the amount thereof, except for
the electronic licensing system commission established by the commissioner under section
84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for the
administration of such programs. In addition to the fee established by the commissioner,
instructors may charge each person new text begin any fee paid by the instructor for the person's online
training course and new text end up to the established fee amount for class materials and expenses. The
commissioner shall cooperate with private organizations and associations, private and public
corporations, and local governmental units in furtherance of the program established under
this clause. School districts may cooperate with the commissioner and volunteer instructors
to provide space for the classroom portion of the training. The commissioner shall consult
with the commissioner of public safety in regard to training program subject matter and
performance testing that leads to the certification of snowmobile operators.
(7) The operator of any snowmobile involved in an accident resulting in injury requiring
medical attention or hospitalization to or death of any person or total damage to an extent
of $500 or more, shall forward a written report of the accident to the commissioner on such
form as the commissioner shall prescribe. If the operator is killed or is unable to file a report
due to incapacitation, any peace officer investigating the accident shall file the accident
report within ten business days.
Sec. 11.
Minnesota Statutes 2017 Supplement, section 84.91, subdivision 1, is amended
to read:
Subdivision 1.
Acts prohibited.
(a) No owner or other person having charge or control
of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol or a controlled substance
or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state
or on the ice of any boundary water of this state.
(b) No owner or other person having charge or control of any snowmobile or all-terrain
vehicle shall knowingly authorize or permit any person, who by reason of any physical or
mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain
vehicle anywhere in this state or on the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle
anywhere in this state or on the ice of any boundary water of this state is subject to chapter
169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted
of violating section 169A.20 or an ordinance in conformity with it deleted text begin while operating a
snowmobile or all-terrain vehicledeleted text end , or who refuses to comply with a lawful request to submit
to testing under sections 169A.50 to 169A.53 or 171.177, or an ordinance in conformity
with it, shall be prohibited from operating a snowmobile or all-terrain vehicle for a period
of one year. The commissioner shall notify the person of the time period during which the
person is prohibited from operating a snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating privileges prohibition deleted text begin is governeddeleted text end
deleted text begin by section deleted text end deleted text begin , subdivisions 7 to 9, if the person does not have a prior impaired driving
deleted text end deleted text begin conviction or prior license revocation, as defined in section deleted text end deleted text begin . Otherwise,
deleted text end deleted text begin administrative and judicial review of the prohibitiondeleted text end is governed by section 169A.53 or
171.177.
(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed undernew text begin :
new text end
new text begin (1)new text end this section deleted text begin and chaptersdeleted text end new text begin ;
new text end
new text begin (2) chapternew text end 169 deleted text begin anddeleted text end new text begin relating to snowmobiles and all-terrain vehicles;
new text end
new text begin (3) chapternew text end 169A deleted text begin relating to snowmobiles and all-terrain vehicles.deleted text end new text begin ; and
new text end
new text begin (4) section 171.177.
new text end
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from operating a vehicle under
paragraph (c) is guilty of a misdemeanor.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to violations
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2017 Supplement, section 84.925, subdivision 1, is amended
to read:
Subdivision 1.
deleted text begin Programdeleted text end new text begin Training and certification programsnew text end established.
(a) The
commissioner shall establishnew text begin :
new text end
new text begin (1)new text end a comprehensive all-terrain vehicle environmental and safety education and training
new text begin certification new text end program, including the preparation and dissemination of vehicle information
and safety advice to the public, the training of all-terrain vehicle operators, and the issuance
of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
successfully complete the all-terrain vehicle environmental and safety education and training
coursedeleted text begin .deleted text end new text begin ; and
new text end
new text begin (2) a voluntary all-terrain vehicle online training program for youth and a parent or
guardian, offered at no charge for operators at least six years of age but younger than ten
years of age.
new text end
new text begin (b)new text end A parent or guardian must be present at deleted text begin the hands-ondeleted text end new text begin anew text end training deleted text begin portion of thedeleted text end program
deleted text begin fordeleted text end new text begin when thenew text end youth deleted text begin who are six through tendeleted text end new text begin is under tennew text end years of age.
deleted text begin (b)deleted text end new text begin (c)new text end For the purpose of administering the program and to defray the expenses of
training and certifying vehicle operators, the commissioner shall collect a fee from each
person who receives the trainingnew text begin for certification under paragraph (a), clause (1)new text end . The
commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing
a duplicate all-terrain vehicle safety certificate. The commissioner shall establish both fees
in a manner that neither significantly overrecovers nor underrecovers costs, including
overhead costs, involved in providing the services. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The fees may be established
by the commissioner notwithstanding section 16A.1283. Fee proceeds, except for the issuing
fee for licensing agents under this subdivision, shall be deposited in the all-terrain vehicle
account in the natural resources fund and the amount thereof, except for the electronic
licensing system commission established by the commissioner under section 84.027,
subdivision 15, and issuing fees collected by the commissioner, is appropriated annually to
the Enforcement Division of the Department of Natural Resources for the administration
of the programs. In addition to the fee established by the commissioner, instructors may
charge each person up to the established fee amount for class materials and expenses.
deleted text begin (c)deleted text end new text begin (d)new text end The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the deleted text begin programdeleted text end new text begin
programsnew text end established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to deleted text begin training programdeleted text end new text begin thenew text end subject matter new text begin of the training programs new text end and performance testing that
leads to the certification of vehicle operators. The commissioner shall incorporate a riding
component in the deleted text begin safety education anddeleted text end training deleted text begin programdeleted text end new text begin certification programs established
under this section, and may incorporate a riding component in the training program as
established in paragraph (a), clause (2)new text end .
Sec. 13.
Minnesota Statutes 2017 Supplement, section 84.9256, subdivision 1, is amended
to read:
Subdivision 1.
Prohibitions on youthful operators.
(a) Except for operation on public
road rights-of-way that is permitted under section 84.928 and as provided under paragraph
(j), a driver's license issued by the state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).
(c) Except for public road rights-of-way of interstate highways, a person 12 years of age
but less than 16 years may make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands and waters or state or
grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate
issued by the commissioner and is accompanied by a person 18 years of age or older who
holds a valid driver's license.
(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old,
but less than 16 years old, must:
(1) successfully complete the safety education and training program under section 84.925,
subdivision 1, including a riding component; and
(2) be able to properly reach and control the handle bars and reach the foot pegs while
sitting upright on the seat of the all-terrain vehicle.
(e) A person at least deleted text begin sixdeleted text end new text begin tennew text end years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.
(f) A person at least ten years of age but under 12 years of age may operate an all-terrain
vehicle with an engine capacity up to 110cc if the vehicle is a class 1 all-terrain vehicle with
straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with
side-by-side-style seating on public lands or waters if accompanied by a parent or legal
guardian.
(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands
or waters or on state or grant-in-aid trails if the person cannot properly reach and control:
(1) the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle with straddle-style seating; or
(2) the steering wheel and foot controls of a class 1 all-terrain vehicle with
side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.
(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16
years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or
state or grant-in-aid trails if:
(1) the nonresident youth has in possession evidence of completing an all-terrain safety
course offered by the ATV Safety Institute or another state as provided in section 84.925,
subdivision 3; and
(2) the nonresident youth is accompanied by a person 18 years of age or older who holds
a valid driver's license.
(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted
under section 84.928 if the person:
(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
and
(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.
Sec. 14.
Minnesota Statutes 2016, section 84.928, subdivision 2, is amended to read:
Subd. 2.
Operation generally.
A person may not drive or operate an all-terrain vehicle:
(1) at a rate of speed greater than reasonable or proper under the surrounding
circumstances;
(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or
damage to the person or property of another;
(3) without headlight and taillight lighted at all times if the vehicle is equipped with
headlight and taillight;
(4) without a functioning stoplight if so equipped;
(5) in a tree nursery or planting in a manner that damages or destroys growing stock;
(6) without a brake operational by either hand or foot;
(7) with more than one person on the vehicle, except as allowed under section 84.9257;
(8) at a speed exceeding ten miles per hour on the frozen surface of public waters within
100 feet of a person not on an all-terrain vehicle or within 100 feet of a fishing shelter;new text begin or
new text end
deleted text begin (9) with a snorkel device that has a raised air intake six inches or more above the vehicle
manufacturer's original air intake, except within the Iron Range Off-Highway Vehicle
Recreation Area as described in section 85.013, subdivision 12a, or other public off-highway
vehicle recreation areas; or
deleted text end
deleted text begin (10)deleted text end new text begin (9)new text end in a manner that violates operation rules adopted by the commissioner.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 15.
Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 3, is amended
to read:
Subd. 3.
Bait harvest from infested waters.
(a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited except as provided in paragraph (b),
(c), or (d) and section 97C.341.
(b) In waters that are listed as infested waters, except those listed as infested with
prohibited invasive species of fish or certifiable diseases of fish, as defined under section
17.4982, subdivision 6, taking wild animals may be permitted for:
(1) commercial taking of wild animals for bait and aquatic farm purposes as provided
in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
(2) bait purposes for noncommercial personal use in waters that contain Eurasian
watermilfoil, when the infested waters are listed solely because they contain Eurasian
watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not
exceeding 16 inches in diameter and 32 inches in length.
(c) In streams or rivers that are listed as infested waters, except those listed as infested
with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest
of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by
hook and line for noncommercial personal use is allowed as follows:
(1) fish taken under this paragraph must be used on the same body of water where caught
and while still on that water body. Where the river or stream is divided by barriers such as
dams, the fish must be caught and used on the same section of the river or stream;
(2) fish taken under this paragraph may not be transported live from or off the water
body;
(3) fish harvested under this paragraph may only be used in accordance with this section;
(4) any other use of wild animals used for bait from infested waters is prohibited;
(5) fish taken under this paragraph must meet all other size restrictions and requirements
as established in rules; and
(6) all species listed under this paragraph shall be included in the person's daily limit as
established in rules, if applicable.
(d) In the new text begin Minnesota River downstream of Granite Falls, the new text end Mississippi River
downstream of St. Anthony Fallsnew text begin ,new text end and the St. Croix River downstream of the dam at Taylors
Falls, including portions described as Minnesota-Wisconsin boundary waters in Minnesota
Rules, part 6266.0500, subpart 1, items A and B, the harvest of gizzard shad by cast net for
noncommercial personal use as bait for angling, as provided in a permit issued under section
84D.11, is allowed as follows:
(1) nontarget species must immediately be returned to the water;
(2) gizzard shad taken under this paragraph must be used on the same body of water
where caught and while still on that water body. Where the river is divided by barriers such
as dams, the gizzard shad must be caught and used on the same section of the river;
(3) gizzard shad taken under this paragraph may not be transported off the water body;
and
(4) gizzard shad harvested under this paragraph may only be used in accordance with
this section.
deleted text begin This paragraph expires December 1, 2017.
deleted text end
(e) Equipment authorized for minnow harvest in a listed infested water by permit issued
under paragraph (b) may not be transported to, or used in, any waters other than waters
specified in the permit.
(f) Bait intended for sale may not be held in infested water after taking and before sale,
unless authorized under a license or permit according to Minnesota Rules, part 6216.0500.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective retroactively from December 1, 2017.
new text end
Sec. 16.
Minnesota Statutes 2017 Supplement, section 84D.03, subdivision 4, is amended
to read:
Subd. 4.
Restrictions in infested and noninfested waters; commercial fishing and
turtle, frog, and crayfish harvesting.
(a) All nets, traps, buoys, anchors, stakes, and lines
used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that
is listed because it contains invasive fish, invertebrates, new text begin aquatic plants or aquatic macrophytes
other than Eurasian watermilfoil, new text end or certifiable diseases, as defined in section 17.4982, must
be tagged with tags provided by the commissioner, as specified in the commercial licensee's
license or permit. Tagged gear must not be used in water bodies other than those specified
in the license or permit. Thenew text begin license ornew text end permit may authorize department staff to remove
tags deleted text begin after thedeleted text end new text begin fromnew text end gear deleted text begin isdeleted text end new text begin that has beennew text end decontaminatednew text begin according to a protocol specified
by the commissioner if use of the decontaminated gear in other water bodies would not pose
an unreasonable risk of harm to natural resources or the use of natural resources in the statenew text end .
This tagging requirement does not apply to commercial fishing equipment used in Lake
Superior.
(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
frog, or crayfish harvesting in an infested water that is listed solely because it contains
Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum
of two days before they are used in any other waters, except as provided in this paragraph.
Commercial licensees must notify the department's regional or area fisheries office or a
conservation officer before removing nets or equipment from an infested water listed solely
because it contains Eurasian watermilfoil and before resetting those nets or equipment in
any other waters. Upon notification, the commissioner may authorize a commercial licensee
to move nets or equipment to another water without freezing or drying, if that water is listed
as infested solely because it contains Eurasian watermilfoil.
(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment before placing the equipment into waters of the state.
(d) The commissioner shall provide a commercial licensee with a current listing of listed
infested waters at the time that a license or permit is issued.
Sec. 17.
Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2b, is amended
to read:
Subd. 2b.
Gull Lake pilot study.
(a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for deleted text begin the
Gull Narrows State Water Access Site, Government Point State Water Access Site, and
Gull East Statedeleted text end water access deleted text begin Sitedeleted text end new text begin sitesnew text end on Gull Lake (DNR Division of Waters number
11-0305) in Cass and Crow Wing Counties using the same authorities, general procedures,
and requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake
service providers participating in the Gull Lake targeted pilot study place of business must
be located in Cass or Crow Wing County.
(b) If an additional targeted pilot project for Gull Lake is implemented under this section,
the report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over natural resources required under Laws
2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study
recommendations and assessments.
(c) This subdivision expires December 1, 2019.
Sec. 18.
Minnesota Statutes 2017 Supplement, section 84D.108, subdivision 2c, is amended
to read:
Subd. 2c.
Cross Lake pilot study.
(a) The commissioner may include an additional
targeted pilot study to include water-related equipment with zebra mussels attached for deleted text begin the
Cross Lake #1 Statedeleted text end water access deleted text begin Sitedeleted text end new text begin sitesnew text end on Cross Lake (DNR Division of Waters number
18-0312) in Crow Wing County using the same authorities, general procedures, and
requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place
of business of lake service providers participating in the Cross Lake targeted pilot study
must be located in Cass or Crow Wing County.
(b) If an additional targeted pilot project for Cross Lake is implemented under this
section, the report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over natural resources required under Laws
2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot
study recommendations and assessments.
(c) This subdivision expires December 1, 2019.
Sec. 19.
Minnesota Statutes 2017 Supplement, section 85.0146, subdivision 1, is amended
to read:
Subdivision 1.
Advisory council created.
The Cuyuna Country State Recreation Area
Citizens Advisory Council is established. Membership on the advisory council shall include:
(1) a representative of deleted text begin the Cuyuna Range Mineland Recreation Area Joint Powers Boarddeleted text end new text begin
Cuyuna Range Economic Development, Inc.new text end ;
(2) a representative deleted text begin ofdeleted text end new text begin fornew text end the Croft Mine Historical Park deleted text begin Joint Powers Boarddeleted text end new text begin appointed
by the members of the Cuyuna Country State Recreation Area Citizens Advisory Council
who are appointed under clauses (1) and (4) to (13)new text end ;
(3) a deleted text begin designee of the Cuyuna Range Mineland Reclamation Committee who has worked
as a miner in the local areadeleted text end new text begin member at large appointed by the members of the Cuyuna
Country State Recreation Area Citizens Advisory Council who are appointed under clauses
(1) and (4) to (13)new text end ;
(4) a representative of the Crow Wing County Board;
(5) deleted text begin an elected state officialdeleted text end new text begin the state senator representing the state recreation areanew text end ;
(6) new text begin the member from the state house of representatives representing the state recreation
area;
new text end
new text begin (7) new text end a representative of the Grand Rapids regional office of the Department of Natural
Resources;
deleted text begin (7)deleted text end new text begin (8)new text end a designee of the commissioner of Iron Range resources and rehabilitation;
deleted text begin (8)deleted text end new text begin (9)new text end a designee of the local business community selected by the area chambers of
commerce;
deleted text begin (9)deleted text end new text begin (10)new text end a designee of the local environmental community selected by the Crow Wing
County District 5 commissioner;
deleted text begin (10)deleted text end new text begin (11)new text end a designee of a local education organization selected by the Crosby-Ironton
School Board;
deleted text begin (11)deleted text end new text begin (12)new text end a designee of one of the recreation area user groups selected by the Cuyuna
Range Chamber of Commerce; and
deleted text begin (12)deleted text end new text begin (13)new text end a member of the Cuyuna Country Heritage Preservation Society.
Sec. 20.
Minnesota Statutes 2017 Supplement, section 86B.331, subdivision 1, is amended
to read:
Subdivision 1.
Acts prohibited.
(a) An owner or other person having charge or control
of a motorboat may not authorize or allow an individual the person knows or has reason to
believe is under the influence of alcohol or a controlled or other substance to operate the
motorboat in operation on the waters of this state.
(b) An owner or other person having charge or control of a motorboat may not knowingly
authorize or allow a person, who by reason of a physical or mental disability is incapable
of operating the motorboat, to operate the motorboat in operation on the waters of this state.
(c) A person who operates or is in physical control of a motorboat on the waters of this
state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A,
a person who is convicted of violating section 169A.20 or an ordinance in conformity with
it deleted text begin while operating a motorboatdeleted text end , shall be prohibited from operating a motorboat on the waters
of this state for a period of 90 days between May 1 and October 31, extending over two
consecutive years if necessary. If the person deleted text begin operating the motorboatdeleted text end refuses to comply with
a lawful demand to submit to testing under sections 169A.50 to 169A.53 or 171.177, or an
ordinance in conformity with it, the person shall be prohibited from operating a motorboat
for a period of one year. The commissioner shall notify the person of the period during
which the person is prohibited from operating a motorboat.
(d) Administrative and judicial review of the operating privileges prohibition deleted text begin is governed
by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving
conviction or prior license revocation, as defined in section 169A.03. Otherwise,
administrative and judicial review of the prohibitiondeleted text end is governed by section 169A.53 or
171.177.
(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed undernew text begin : (1)new text end this
section deleted text begin and chaptersdeleted text end new text begin ; (2) chapternew text end 169 deleted text begin anddeleted text end new text begin relating to motorboats; (3) chapter new text end 169A deleted text begin relating
to motorboatsdeleted text end new text begin ; and (4) section 171.177new text end .
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor.
(g) For purposes of this subdivision, a motorboat "in operation" does not include a
motorboat that is anchored, beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by other than mechanical means.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 21.
Minnesota Statutes 2016, section 88.10, is amended by adding a subdivision to
read:
new text begin Subd. 3.new text end
new text begin Wildland firefighters; training and licensing.new text end
new text begin Forest officers and all
individuals employed as wildland firefighters under this chapter are not subject to the
requirements of chapter 299N.
new text end
Sec. 22.
Minnesota Statutes 2016, section 88.75, subdivision 1, is amended to read:
Subdivision 1.
Misdemeanor offenses; damages; injunctive relief.
new text begin (a) new text end Any person
who violates any of the provisions of sections 88.03 to 88.22 for which no specific penalty
is therein prescribed shall be guilty of a misdemeanor and be punished accordingly.
new text begin (b) new text end Failure by any person to comply with any provision or requirement of sections 88.03
to 88.22 to which such person is subject shall be deemed a violation thereof.
new text begin (c) new text end Any person who violates deleted text begin any provisions ofdeleted text end sections 88.03 to 88.22, in addition to
any penalties therein prescribed, or hereinbefore in this section prescribed, for such violation,
shall also be liable in full damages to any and every person suffering loss or injury by reason
of such violation, including liability to the state, and any of its political subdivisions, for
all expenses incurred in fighting or preventing the spread of, or extinguishing, any fire
caused by, or resulting from, any violation of these sections.new text begin Notwithstanding any statute
to the contrary, an attorney who is licensed to practice law in Minnesota and is an employee
of the Department of Natural Resources may represent the commissioner in proceedings
under this subdivision that are removed to district court from conciliation court.new text end All expenses
so collected by the state shall be deposited in the general fund. When a fire set by any person
spreads to and damages or destroys property belonging to another, the setting of the fire
shall be prima facie evidence of negligence in setting and allowing the same to spread.
new text begin (d) new text end At any time the state, or any political subdivision thereof, either of its own motion,
or at the suggestion or request of the director, may bring an action in any court of competent
jurisdiction to restrain, enjoin, or otherwise prohibit any violation of sections 88.03 to 88.22,
whether therein described as a crime or not, and likewise to restrain, enjoin, or prohibit any
person from proceeding further in, with, or at any timber cutting or other operations without
complying with the provisions of those sections, or the requirements of the director pursuant
thereto; and the court may grant such relief, or any other appropriate relief, whenever it
shall appear that the same may prevent loss of life or property by fire, or may otherwise aid
in accomplishing the purposes of sections 88.03 to 88.22.
Sec. 23.
Minnesota Statutes 2016, section 89.551, is amended to read:
89.551 APPROVED FIREWOOD REQUIRED.
(a) After the commissioner issues an order under paragraph (b), a person may not possess
firewood on land administered by the commissioner of natural resources unless the firewood:
(1) was obtained from a firewood distribution facility located on land administered by
the commissioner;
(2) was obtained from a firewood dealer who is selling firewood that is approved by the
commissioner under paragraph (b); or
(3) has been approved by the commissioner of natural resources under paragraph (b).
(b) The commissioner of natural resources shall, by written order published in the State
Register, approve firewood for possession on lands administered by the commissioner. The
order is not subject to the rulemaking provisions of chapter 14new text begin ,new text end and section 14.386 does not
apply.
(c) A violation under this section is subject to confiscation of firewood deleted text begin and after May
1, 2008, confiscationdeleted text end and a $100 penalty. deleted text begin A firewood dealer shall be subject to confiscation
and assessed a $100 penalty for each sale of firewood not approved under the provisions
of this section and sold for use on land administered by the commissioner.
deleted text end
(d) For the purposes of this section, "firewood" means any wood that is intended for use
in a campfire, as defined in section 88.01, subdivision 25.
Sec. 24.
Minnesota Statutes 2016, section 97A.051, subdivision 2, is amended to read:
Subd. 2.
Summary of fish and game laws.
(a) The commissioner shall prepare a
summary of the hunting and fishing laws and rules and deliver a sufficient supply to license
vendors deleted text begin to furnish one copy to each person obtaining a hunting, fishing, or trapping licensedeleted text end .
(b) At the beginning of the summary, under the heading "Trespass," the commissioner
shall summarize the trespass provisions under sections 97B.001 to 97B.945, state that
conservation officers and peace officers must enforce the trespass laws, and state the penalties
for trespassing.
(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
summarize the requirements under section 609.662 and state the penalties for failure to
render aid to a person injured by gunshot.
Sec. 25.
Minnesota Statutes 2017 Supplement, section 97A.075, subdivision 1, is amended
to read:
Subdivision 1.
Deer, bear, and lifetime licenses.
(a) For purposes of this subdivision,
"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5),
(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and
8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.
(b) new text begin $16 from each annual deer license issued under section 97A.475, subdivisions 2,
clauses (5), (6), and (7); 3, paragraph (a), clauses (2), (3), and (4); and 8, paragraph (b); new text end $2
from each annual deer license deleted text begin and $2deleted text end new text begin issued under sections 97A.475, subdivisions 2, clauses
(13), (14), and (15); and 3, paragraph (a), clauses (10), (11), and (12); and 97B.301,
subdivision 4; $16new text end annually from the lifetime fish and wildlife trust fund, established in
section 97A.4742, for each license issued new text begin to a person 18 years of age or older new text end under section
97A.473, subdivision 4deleted text begin ,deleted text end new text begin ; and $2 annually from the lifetime fish and wildlife trust fund for
each license issued to a person under 18 years of age under section 97A.473, subdivision
4,new text end shall be credited to the deer management account deleted text begin and is appropriated to the commissioner
for deer habitat improvement or deer management programsdeleted text end .new text begin The deer management account
is established as an account in the game and fish fund and may be used only for deer habitat
improvement or deer management programs.
new text end
(c) $1 from each annual deer license and each bear license and $1 annually from the
lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued
under section 97A.473, subdivision 4, shall be credited to the deer and bear management
account and is appropriated to the commissioner for deer- and bear-management programs,
including a computerized licensing system.
(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild
Cervidae health-management account and is appropriated for emergency deer feeding and
wild Cervidae health management. Money appropriated for emergency deer feeding and
wild Cervidae health management is available until expended.
When the unencumbered balance in the appropriation for emergency deer feeding and
wild Cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer- and
bear-management programs and computerized licensing.
Sec. 26.
new text begin [97A.409] VOTER REGISTRATION INFORMATION.
new text end
new text begin (a) On the Department of Natural Resources online license sales Web site for purchasing
a resident license to hunt or fish that is required under the game and fish laws, the
commissioner must include the voter registration eligibility requirements, a description of
how to register to vote before or on election day, and a direct link to the secretary of state's
online voter registration Web site. The information and link must be easily readable and
displayed in a prominent location.
new text end
new text begin (b) In the printed and digital versions of fishing regulations and hunting and trapping
regulations, the commissioner must include the voter registration eligibility requirements,
a description of how to register to vote before or on election day, and a link to the secretary
of state's online voter registration Web page. In addition, the commissioner must include a
voter registration application in the printed and digital versions of fishing regulations and
hunting and trapping regulations.
new text end
new text begin (c) The secretary of state must provide the required voter registration information to the
commissioner. The secretary of state must prepare and approve an alternate form of the
voter registration application to be used in the regulations.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin Paragraph (a) is effective August 1, 2018, and applies to licenses
issued on or after March 1, 2019. Paragraph (b) is effective August 1, 2018, and applies to
printed and digital versions of regulations updated on or after that date.
new text end
Sec. 27.
Minnesota Statutes 2016, section 97A.433, subdivision 4, is amended to read:
Subd. 4.
Discretionary separate selection; eligibility.
(a) The commissioner may
conduct a separate selection for up to 20 percent of the elk licenses to be issued for an area.
Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in
the area, and their family members, are eligible for the separate selection. Persons that are
unsuccessful in a separate selection must be included in the selection for the remaining
licenses. Persons who obtain an elk license in a separate selection deleted text begin must allow public elk
hunting on their land during the elk season for which the license is validdeleted text end new text begin may sell the license
to any Minnesota resident eligible to hunt big game for no more than the original cost of
the licensenew text end .
(b) The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.
Sec. 28.
Minnesota Statutes 2016, section 97A.433, subdivision 5, is amended to read:
Subd. 5.
Mandatory separate selection.
The commissioner must conduct a separate
selection for 20 percent of the elk licenses to be issued each year. Only individuals who
have applied at least ten times for an elk license and who have never received a license are
eligible for this separate selection.new text begin A person who is unsuccessful in a separate selection
under this subdivision must be included in the selection for the remaining licenses.
new text end
Sec. 29.
Minnesota Statutes 2016, section 97B.015, subdivision 6, is amended to read:
Subd. 6.
Provisional certificate for persons with new text begin permanent physical or
new text end developmental disability.
Upon the recommendation of a course instructor, the
commissioner may issue a provisional firearms safety certificate to a person who satisfactorily
completes the classroom portion of the firearms safety course but is unable to pass the
written or an alternate format exam portion of the course because of new text begin a permanent physical
disability or new text end developmental disability as defined in section 97B.1055, subdivision 1. The
certificate is valid only when used according to section 97B.1055.
Sec. 30.
Minnesota Statutes 2016, section 97B.081, subdivision 3, is amended to read:
Subd. 3.
Exceptions.
(a) It is not a violation of this section for a person to:
(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;
(2) hunt fox or coyote from January 1 to March 15 while using deleted text begin a handhelddeleted text end new text begin annew text end artificial
light, provided that the person is:
(i) on foot;
(ii) using a shotgun;
(iii) not within a public road right-of-way;
(iv) using a handheld or electronic calling device; and
(v) not within 200 feet of a motor vehicle; or
(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
animals, provided that the person is:
(i) on foot; and
(ii) not in possession of a firearm or bow.
(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:
(1) carry out any agricultural, safety, emergency response, normal vehicle operation, or
occupation-related activities that do not involve taking wild animals; or
(2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.
(c) Except as otherwise provided by the game and fish laws, it is not a violation of this
section for a person to use an electronic range finder device from one-half hour before
sunrise until one-half hour after sunset while lawfully hunting wild animals.
(d) It is not a violation of this section for a licensed bear hunter to cast the rays of a
handheld artificial light to track or retrieve a wounded or dead bear while possessing a
firearm, provided that the person:
(1) has the person's valid bear-hunting license in possession;
(2) is on foot; and
(3) is following the blood trail of a bear that was shot during legal shooting hours.
Sec. 31.
Minnesota Statutes 2016, section 97B.1055, is amended to read:
97B.1055 HUNTING BY PERSONS WITH new text begin A PERMANENT PHYSICAL OR
new text end DEVELOPMENTAL DISABILITY.
Subdivision 1.
Definitions.
For purposes of this section and section 97B.015, subdivision
6deleted text begin ,deleted text end new text begin :
new text end
new text begin (1)new text end "person with developmental disability" means a person who has been diagnosed as
having substantial limitations in present functioning, manifested as significantly subaverage
intellectual functioning, existing concurrently with demonstrated deficits in adaptive behavior,
and who manifests these conditions before the person's 22nd birthdaydeleted text begin .deleted text end new text begin ;
new text end
deleted text begin Adeleted text end new text begin (2) "new text end person with a related conditionnew text begin "new text end means a person who meets the diagnostic
definition under section 252.27, subdivision 1adeleted text begin .deleted text end new text begin ; and
new text end
new text begin (3) "person with a permanent physical disability" means a person who has a physical
disability that prevents them from being able to navigate natural terrain or hold a firearm
for the purpose of a required field component for the firearms safety training program under
section 97B.020.
new text end
Subd. 2.
Obtaining a license.
(a) Notwithstanding section 97B.020, a person with new text begin a
permanent physical disability or new text end developmental disability may obtain a firearms hunting
license with a provisional firearms safety certificate issued under section 97B.015,
subdivision 6.
(b) Any person accompanying or assisting a person with new text begin a permanent physical disability
or new text end developmental disability under this section must possess a valid firearms safety certificate
issued by the commissioner.
Subd. 3.
Assistance required.
A person who obtains a firearms hunting license under
subdivision 2 must be accompanied and assisted by a parent, guardian, or other adult person
designated by a parent or guardian when hunting. A person who is not hunting but is solely
accompanying and assisting a person with new text begin a permanent physical disability or new text end developmental
disability need not obtain a hunting license.
Subd. 4.
Prohibited activities.
(a) This section does not entitle a person to possess a
firearm if the person is otherwise prohibited from possessing a firearm under state or federal
law or a court order.
(b) No person shall knowingly authorize or permit a person, who by reason of new text begin a permanent
physical disability or new text end developmental disability is incapable of safely possessing a firearm,
to possess a firearm to hunt in the state or on any boundary water of the state.
Sec. 32.
Minnesota Statutes 2016, section 97C.345, subdivision 3a, is amended to read:
Subd. 3a.
Cast nets for gizzard shad.
(a) Cast nets may be used only to take gizzard
shad for use as bait for angling:
(1) from July 1 to November 30; and
(2) from the new text begin Minnesota River downstream of Granite Falls, new text end Mississippi River downstream
of St. Anthony Fallsnew text begin ,new text end and the St. Croix River downstream of the dam at Taylors Falls,
including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules,
part 6266.0500, subpart 1, items A and B, that are listed as infested waters as allowed under
section 84D.03, subdivision 3.
(b) Cast nets used under this subdivision must be monofilament and may not exceed
deleted text begin sevendeleted text end new text begin fivenew text end feet in deleted text begin diameterdeleted text end new text begin radiusnew text end , and mesh size must be from three-eighths to five-eighths
inch bar measure.new text begin No more than two cast nets may be used at one time.
new text end
deleted text begin (c) This subdivision expires December 1, 2017. The commissioner must report to the
chairs and ranking minority members of the house of representatives and senate committees
with jurisdiction over environment and natural resources by March 1, 2018, on the number
of permits issued, conservation impacts from the use of cast nets, and recommendations for
any necessary changes in statutes or rules.
deleted text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective retroactively from December 1, 2017.
new text end
Sec. 33.
Minnesota Statutes 2016, section 103B.3369, subdivision 5, is amended to read:
Subd. 5.
Financial assistance.
A base grantnew text begin , contract, or paymentnew text end may be awarded to a
countynew text begin or other local unit of governmentnew text end that provides a match utilizing a water
implementation tax or other local source. A water implementation tax that a countynew text begin or other
local unit of governmentnew text end intends to use as a match to the base grant must be levied at a rate
sufficient to generate a minimum amount determined by the board. The board may award
performance-basednew text begin or watershed-basednew text end grantsnew text begin , contracts, or paymentsnew text end to local units of
government that are responsible for implementing elements of applicable portions of
watershed management plans, comprehensive plans, local water management plans, or
comprehensive watershed management plans, developed or amended, adopted and approved,
according to chapter 103B, 103C, or 103D. Upon request by a local government unit, the
board may also award performance-based grants to local units of government to carry out
TMDL implementation plans as provided in chapter 114D, if the TMDL implementation
plan has been incorporated into the local water management plan according to the procedures
for approving comprehensive plans, watershed management plans, local water management
plans, or comprehensive watershed management plans under chapter 103B, 103C, or 103D,
or if the TMDL implementation plan has undergone a public review process. Notwithstanding
section 16A.41, the board may award deleted text begin performance-baseddeleted text end grantsnew text begin , contracts, or paymentsnew text end on
an advanced basis. The fee authorized in section 40A.152 may be used as a local match or
as a supplement to state funding to accomplish implementation of comprehensive plans,
watershed management plans, local water management plans, or comprehensive watershed
management plans under this chapter and chapter 103C or 103D.
Sec. 34.
Minnesota Statutes 2016, section 103B.3369, subdivision 9, is amended to read:
Subd. 9.
deleted text begin Performance-baseddeleted text end Criteria.
new text begin (a) new text end The board deleted text begin shalldeleted text end new text begin mustnew text end develop and utilize
performance-based criteria for local water resources restoration, protection, and management
programs and projects. The criteria may include but are not limited to science-based
assessments, organizational capacity, priority resource issues, community outreach and
support, partnership potential, potential for multiple benefits, and program and project
delivery efficiency and effectiveness.
new text begin (b) Notwithstanding paragraph (a), the board may develop and utilize eligibility criteria
for base amounts of state funding to local governments.
new text end
Sec. 35.
new text begin [103B.461] RED RIVER BASIN COMMISSION.
new text end
new text begin Subdivision 1.new text end
new text begin Purposes.new text end
new text begin The Red River Basin Commission was created to:
new text end
new text begin (1) facilitate transboundary and basin-wide dialogue and consultation with citizens, land
users, organizations, and governments; and
new text end
new text begin (2) coordinate basin-wide interstate and international efforts on water management,
including but not limited to flood mitigation, water quality, water supply, drainage, aquatic
health, and recreation.
new text end
new text begin Subd. 2.new text end
new text begin Membership.new text end
new text begin The Red River Basin Commission must have basin-wide
representation of members and alternates to serve on the commission consistent with the
adopted bylaws of the commission. Selection and terms of members are as defined in the
commission's bylaws.
new text end
new text begin Subd. 3.new text end
new text begin Duties.new text end
new text begin The Red River Basin Commission must:
new text end
new text begin (1) develop and coordinate comprehensive water management goals for the Red River
basin by aligning the work plans in the major watersheds in the states of Minnesota, North
Dakota, and South Dakota and the Canadian province of Manitoba;
new text end
new text begin (2) advise on developing and using systems to monitor and evaluate the Red River basin
and incorporating the data obtained from these systems into planning and implementation
processes;
new text end
new text begin (3) conduct public meetings at locations in the Red River basin regarding the public's
perspective on water resource issues, needs, and priorities in the basin;
new text end
new text begin (4) conduct an ongoing information and education program on water management in
the Red River basin, including an annual conference;
new text end
new text begin (5) advise on developing projects in the major watersheds that are scientifically sound,
have landowner and local government support, and reduce potential flood damages and
inputs of pollutants into the Red River;
new text end
new text begin (6) develop and implement a framework plan for natural resources and provide periodic
budget requests and reports to the governors of Minnesota, North Dakota, and South Dakota,
to the premier of Manitoba, and to the respective legislatures, provincial members, and
congressional representatives of the respective states and province regarding progress on
meeting water management goals and funding or policy recommendations;
new text end
new text begin (7) administer funds for implementing projects and track and report the results achieved
for each project; and
new text end
new text begin (8) assess the collective work in the Red River basin and make recommendations to the
states of Minnesota, North Dakota, and South Dakota, to the Canadian province of Manitoba,
and to their respective legislatures, provincial members, and congressional representatives
on the actions needed to sustain or accelerate components of the framework plan for natural
resources in the Red River basin and the major watersheds of the Red River basin.
new text end
Sec. 36.
Minnesota Statutes 2016, section 103B.801, subdivision 2, is amended to read:
Subd. 2.
Program purposes.
The purposes of the comprehensive watershed management
plan program under section 103B.101, subdivision 14, paragraph (a), are to:
(1) align local water planning purposes and procedures under this chapter and chapters
103C and 103D on watershed boundaries to create a systematic, watershed-wide,
science-based approach to watershed management;
(2) acknowledge and build off existing local government structure, water plan services,
and local capacity;
(3) incorporate and make use of data and information, including watershed restoration
and protection strategies under section 114D.26new text begin , which may serve to fulfill all or some of
the requirements under chapter 114Dnew text end ;
(4) solicit input and engage experts from agencies, citizens, and stakeholder groups;
(5) focus on implementation of prioritized and targeted actions capable of achieving
measurable progress; and
(6) serve as a substitute for a comprehensive plan, local water management plan, or
watershed management plan developed or amended, approved, and adopted, according to
this chapter or chapter 103C or 103D.
Sec. 37.
Minnesota Statutes 2016, section 103B.801, subdivision 5, is amended to read:
Subd. 5.
Timelines; administration.
(a) The board shall develop and adopt, by June
30, 2016, a transition plan for development, approval, adoption, and coordination of plans
consistent with section 103A.212. The transition plan must include a goal of completing
statewide transition to comprehensive watershed management plans by 2025. The
metropolitan area may be considered for inclusion in the transition plan.new text begin The board may
amend the transition plan no more often than once every two years.
new text end
(b) The board may use the authority under section 103B.3369, subdivision 9, to support
development or implementation of a comprehensive watershed management plan under this
section.
Sec. 38.
Minnesota Statutes 2016, section 103F.361, subdivision 2, is amended to read:
Sec. 39.
Minnesota Statutes 2016, section 103F.363, subdivision 1, is amended to read:
Sec. 40.
Minnesota Statutes 2016, section 103F.365, is amended by adding a subdivision
to read:
new text begin Subd. 5.new text end
new text begin Zoning authority.new text end
new text begin "Zoning authority" means counties, organized townships,
local and special governmental units, joint powers boards, councils, commissions, boards,
districts, and all state agencies and departments within the corridor defined by the plan,
excluding statutory or home rule charter cities.
new text end
Sec. 41.
Minnesota Statutes 2016, section 103F.371, is amended to read:
103F.371 RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.
new text begin (a) new text end All local and special governmental units, councils, commissions, boards and districts
and all state agencies and departments must exercise their powers so as to further the purposes
of sections 103F.361 to 103F.377 and the plan. Land owned by the state, its agencies, and
political subdivisions shall be administered in accordance with the plan.new text begin The certification
procedure under section 103F.373 applies to all zoning authorities in the corridor defined
by the plan.
new text end
new text begin (b) new text end Actions that comply with the land use ordinance are consistent with the plan. Actions
that do not comply with the ordinance may not be started until the board has been notified
and given an opportunity to review and comment on the consistency of the action with this
section.
Sec. 42.
Minnesota Statutes 2016, section 103F.373, subdivision 1, is amended to read:
Subdivision 1.
Purpose.
To deleted text begin assuredeleted text end new text begin ensurenew text end that the plan is not nullified by unjustified
exceptions in particular cases and to promote uniformity in the treatment of applications
for exceptions, a review and certification procedure is established for the following categories
of land use actions taken by deleted text begin the counties anddeleted text end new text begin zoning authoritiesnew text end directly or indirectly affecting
land use within the area covered by the plan:
(1) the adoption or amendment of an ordinance regulating the use of land, including
rezoning of particular tracts of land;
(2) the granting of a variance from provisions of the land use ordinance; and
(3) the approval of a plat which is inconsistent with the land use ordinance.
Sec. 43.
Minnesota Statutes 2016, section 103F.373, subdivision 3, is amended to read:
Subd. 3.
Procedure for certification.
A copy of the notices of public hearings or, when
a hearing is not required, a copy of the application to consider an action of a type specified
in subdivision 1, clauses (1) to (3), must be forwarded to the board by the deleted text begin countydeleted text end new text begin zoning
authoritynew text end at least 15 days before the hearing or meetings to consider the actions. The deleted text begin countydeleted text end
new text begin zoning authority new text end shall notify the board of its final decision on the proposed action within
ten days of the decision. By 30 days after the board receives the notice, the board shall
notify the deleted text begin countydeleted text end new text begin zoning authoritynew text end and the applicant of deleted text begin itsdeleted text end new text begin the board'snew text end approval or disapproval
of the proposed action.
Sec. 44.
Minnesota Statutes 2016, section 103F.373, subdivision 4, is amended to read:
Subd. 4.
Disapproval of actions.
(a) If a notice of disapproval is issued by the board,
the deleted text begin countydeleted text end new text begin zoning authoritynew text end or the applicant may, within 30 days of the notice, file with the
board a demand for a hearing. If a demand is not filed within the 30-day period, the
disapproval becomes final.
(b) If a demand is filed within the 30-day period, a hearing must be held within 60 days
of demand. The hearing must be preceded by two weeks' published notice. Within 30 days
after the hearing, the board must:
(1) affirm its disapproval of the proposed action; or
(2) certify approval of the proposed action.
Sec. 45.
Minnesota Statutes 2017 Supplement, section 103G.2242, subdivision 1, is
amended to read:
Subdivision 1.
Rules.
(a) The board, in consultation with the commissioner, shall adopt
rules governing the approval of wetland value replacement plans under this section and
public-waters-work permits affecting public waters wetlands under section 103G.245. These
rules must address the criteria, procedure, timing, and location of acceptable replacement
of wetland values and may address the state establishment and administration of a wetland
banking program for public and private projects, including provisions for an in-lieu fee
program; the administrative, monitoring, and enforcement procedures to be used; and a
procedure for the review and appeal of decisions under this section. In the case of peatlands,
the replacement plan rules must consider the impact on carbon. Any in-lieu fee program
established by the board must conform with Code of Federal Regulations, title 33, section
332.8, as amended.
(b) After the adoption of the rules, a replacement plan must be approved by a resolution
of the governing body of the local government unit, consistent with the provisions of the
rules or a comprehensive wetland protection and management plan approved under section
103G.2243.
(c) If the local government unit fails to apply the rules, or fails to implement a local
comprehensive wetland protection and management plan established under section
103G.2243, the government unit is subject to penalty as determined by the board.
(d) When making a determination under rules adopted pursuant to this subdivision on
whether a rare natural community will be permanently adversely affected, consideration of
measures to mitigate any adverse effect on the community must be considered.new text begin Wetland
banking credits shall be an acceptable mitigation measure for any adverse effects on a rare
natural community. The Department of Natural Resources may approve a wetland
replacement plan that includes restoration or credits from rare natural communities of
substantially comparable character and public value as mitigation for any rare natural
community adversely affected by a project.
new text end
Sec. 46.
Minnesota Statutes 2016, section 103G.2242, subdivision 14, is amended to read:
Subd. 14.
Fees established.
(a) Fees must be assessed for managing wetland bank
accounts and transactions as follows:
(1) account maintenance annual fee: one percent of the value of credits not to exceed
$500;
(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not to
exceed $1,000 per establishment, deposit, or transfer; and
(3) withdrawal fee: 6.5 percent of the value of credits withdrawn.
(b) The board deleted text begin maydeleted text end new text begin mustnew text end establish fees deleted text begin at ordeleted text end new text begin based on costs to the agencynew text end below the
amounts in paragraph (a) for single-user or other dedicated wetland banking accounts.
(c) Fees for single-user or other dedicated wetland banking accounts established pursuant
to section 103G.005, subdivision 10i, clause (4), are limited to establishment of a wetland
banking account and are assessed at the rate of 6.5 percent of the value of the credits not to
exceed $1,000.
(d) The board may assess a fee to pay the costs associated with establishing conservation
easements, or other long-term protection mechanisms prescribed in the rules adopted under
subdivision 1, on property used for wetland replacement.
Sec. 47.
Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision
to read:
new text begin Subd. 3a.new text end
new text begin Comprehensive local water management plan.new text end
new text begin "Comprehensive local water
management plan" has the meaning given under section 103B.3363, subdivision 3.
new text end
Sec. 48.
Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision
to read:
new text begin Subd. 3b.new text end
new text begin Comprehensive watershed management plan.new text end
new text begin "Comprehensive watershed
management plan" has the meaning given under section 103B.3363, subdivision 3a.
new text end
Sec. 49.
Minnesota Statutes 2016, section 114D.15, subdivision 7, is amended to read:
Subd. 7.
Restoration.
"Restoration" means actionsdeleted text begin , including effectiveness monitoring,
that aredeleted text end taken tonew text begin pursue,new text end achievenew text begin ,new text end and maintain water quality standards for impaired waters
deleted text begin in accordance with a TMDL that has been approved by the United States Environmental
Protection Agency under federal TMDL requirementsdeleted text end .
Sec. 50.
Minnesota Statutes 2016, section 114D.15, subdivision 11, is amended to read:
Subd. 11.
TMDL implementation plan.
"TMDL implementation plan" meansnew text begin :
new text end
new text begin (1)new text end a document detailing restoration activities needed to meet the approved TMDL's
pollutant load allocations for point and nonpoint sourcesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin (2) one of the following that the commissioner of the Pollution Control Agency
determines to be, in whole or part, sufficient to meet applicable water quality standards:
new text end
new text begin (i) a comprehensive watershed management plan;
new text end
new text begin (ii) a comprehensive local water management plan; or
new text end
new text begin (iii) an existing statewide or regional strategy published by the Pollution Control Agency.
new text end
Sec. 51.
Minnesota Statutes 2016, section 114D.15, subdivision 13, is amended to read:
Subd. 13.
Watershed restoration and protection strategy or WRAPS.
"Watershed
restoration and protection strategy" or "WRAPS" means a document summarizing scientific
studies of a major watershed deleted text begin no larger thandeleted text end new text begin at approximatelynew text end a hydrologic unit code 8new text begin scalenew text end
including the physical, chemical, and biological assessment of the water quality of the
watershed; identification of impairments and water bodies in need of protection; identification
of biotic stressors and sources of pollution, both point and nonpoint; TMDL's for the
impairments; and deleted text begin an implementation table containingdeleted text end new text begin information to supportnew text end strategies deleted text begin and
actionsdeleted text end designed to achieve and maintain water quality standards and goals.
Sec. 52.
Minnesota Statutes 2016, section 114D.20, subdivision 2, is amended to read:
Subd. 2.
Goals for implementation.
The following goals must guide the implementation
of this chapter:
(1) to identify impaired waters in accordance with federal TMDL requirements deleted text begin within
ten years after May 23, 2006,deleted text end and deleted text begin thereafterdeleted text end to ensure continuing evaluation of surface
waters for impairments;
(2) to submit TMDL's to the United States Environmental Protection Agency deleted text begin for all
impaired watersdeleted text end in a timely manner in accordance with federal TMDL requirements;
(3) to deleted text begin set a reasonable timedeleted text end new text begin inform and support strategiesnew text end for implementing restoration
deleted text begin of each identified impaired waterdeleted text end new text begin and protection activities in a reasonable time periodnew text end ;
(4)new text begin to systematically evaluate waters,new text end to provide assistance and incentives to prevent
waters from becoming impairednew text begin ,new text end and to improve the quality of waters that are listed as
impaired deleted text begin but do not have an approved TMDL addressing the impairmentdeleted text end ;
(5) to promptly seek the delisting of waters from the impaired waters list when those
waters are shown to achieve the designated uses applicable to the waters;
(6) to achieve compliance with federal Clean Water Act requirements in Minnesota;
(7) to support effective measures to prevent the degradation of groundwater according
to the groundwater degradation prevention goal under section 103H.001; and
(8) to support effective measures to restore degraded groundwater.
Sec. 53.
Minnesota Statutes 2016, section 114D.20, subdivision 3, is amended to read:
Subd. 3.
Implementation policies.
The following policies must guide the implementation
of this chapter:
(1) develop regional deleted text begin anddeleted text end new text begin , multiple pollutant, ornew text end watershed TMDL's deleted text begin and TMDL
implementation plans, and TMDL's and TMDL implementation plans for multiple pollutantsdeleted text end new text begin
or WRAPSsnew text end , where reasonable and feasible;
(2) maximize use of available organizational, technical, and financial resources to perform
sampling, monitoring, and other activities to identify degraded groundwater and impaired
waters, including use of citizen monitoring and citizen monitoring data used by the Pollution
Control Agency in assessing water quality that meets the requirements deleted text begin in Appendix D of
the Volunteer Surface Water Monitoring Guide, Minnesotadeleted text end new text begin established by the commissioner
of the new text end Pollution Control Agency deleted text begin (2003)deleted text end ;
(3) maximize opportunities for restoration of degraded groundwater and impaired waters,
by prioritizing and targeting of available programmatic, financial, and technical resources
and by providing additional state resources to complement and leverage available resources;
(4) use existing regulatory authorities to achieve restoration for point and nonpoint
sources of pollution where applicable, and promote the development and use of effective
nonregulatory measures to address pollution sources for which regulations are not applicable;
(5) use restoration methods that have a demonstrated effectiveness in reducing
impairments and provide the greatest long-term positive impact on water quality protection
and improvement and related conservation benefits while incorporating innovative approaches
on a case-by-case basis;
(6) identify for the legislature any innovative approaches that may strengthen or
complement existing programs;
(7) identify and encourage implementation of measures to prevent surface waters from
becoming impaired and to improve the quality of waters that are listed as impaired but have
no approved TMDL addressing the impairment using the best available data and technology,
and establish and report outcome-based performance measures that monitor the progress
and effectiveness of protection and restoration measures;
(8) monitor and enforce cost-sharing contracts and impose monetary damages in an
amount up to 150 percent of the financial assistance received for failure to comply; and
(9) identify and encourage implementation of measures to prevent groundwater from
becoming degraded and measures that restore groundwater resources.
Sec. 54.
Minnesota Statutes 2016, section 114D.20, subdivision 5, is amended to read:
Subd. 5.
Priorities for preparingnew text begin WRAPSs ANDnew text end TMDL's.
new text begin In consultation with new text end the
Clean Water Council deleted text begin shall recommenddeleted text end new text begin , the commissioner of the Pollution Control Agency
must coordinate with the commissioners of natural resources, health, and agriculture, the
Board of Water and Soil Resources, and, when applicable, the Minnesota Forest Resources
Council to establishnew text end priorities for scheduling and preparingnew text begin WRAPSs andnew text end TMDL's deleted text begin and
TMDL implementation plans, taking into accountdeleted text end new text begin , consideringnew text end the severitynew text begin and causesnew text end of
deleted text begin the impairmentdeleted text end new text begin impairmentsnew text end , the designated uses of deleted text begin thosedeleted text end new text begin thenew text end waters, deleted text begin and otherdeleted text end applicable
federal TMDL requirementsdeleted text begin . In recommending priorities, the council shall also give
Consideration todeleted text end new text begin , groundwater and high-qualitynew text end waters and deleted text begin watershedsdeleted text end new text begin watershed protection,
waters and watersheds with declining water quality trends, waters used as drinking water
sources, and waters and watershedsnew text end :
(1) with impairments that pose the greatest potential risk to human health;
(2) with impairments that pose the greatest potential risk to threatened or endangered
species;
(3) with impairments that pose the greatest potential risk to aquatic health;
(4) where other public agencies and participating organizations and individuals, especially
local, deleted text begin basinwidedeleted text end new text begin basin-widenew text end , watershed, or regional agencies or organizations, have
demonstrated readiness to assist in carrying out the responsibilities, including availability
and organization of human, technical, and financial resources necessary to undertake the
work; and
(5) where there is demonstrated coordination and cooperation among cities, counties,
watershed districts, and soil and water conservation districts in planning and implementation
of activities that will assist in carrying out the responsibilities.
Sec. 55.
Minnesota Statutes 2016, section 114D.20, subdivision 7, is amended to read:
Subd. 7.
Priorities for funding prevention actions.
The Clean Water Council shall
apply the priorities applicable under subdivision 6, as far as practicable, when recommending
priorities for funding actions to prevent groundwater and surface waters from becoming
degraded or impaired and to improve the quality of surface waters that are listed as impaired
deleted text begin but do not have an approved TMDLdeleted text end .
Sec. 56.
Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision
to read:
new text begin Subd. 8.new text end
new text begin Alternatives; TMDL, TMDL implementation plan, or WRAPS.new text end
new text begin (a) If the
commissioner of the Pollution Control Agency determines that a comprehensive watershed
management plan or comprehensive local water management plan contains information that
is sufficient and consistent with guidance from the United States Environmental Protection
Agency, including the recommended structure for category 4b demonstrations or its
replacement under section 303(d) of the federal Clean Water Act, the commissioner may
submit the plan to the Environmental Protection Agency according to federal TMDL
requirements as an alternative to developing a TMDL.
new text end
new text begin (b) A TMDL implementation plan or a WRAPS, or portions thereof, are not needed for
waters or watersheds when the commissioner of the Pollution Control Agency determines
that a comprehensive watershed management plan, a comprehensive local water management
plan, or a statewide or regional strategy published by the Pollution Control Agency meets
the definition in section 114D.15, subdivision 11 or 13.
new text end
new text begin (c) The commissioner of the Pollution Control Agency may request that the Board of
Water and Soil Resources conduct an evaluation of the implementation efforts under a
comprehensive watershed management plan or comprehensive local water management
plan when the commissioner makes a determination under paragraph (b). The board must
conduct the evaluation in accordance with section 103B.102.
new text end
new text begin (d) The commissioner of the Pollution Control Agency may amend or revoke a
determination made under paragraph (a) or (b) after considering the evaluation conducted
under paragraph (c).
new text end
Sec. 57.
Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision
to read:
new text begin Subd. 9.new text end
new text begin Coordinating municipal and local water quality activities.new text end
new text begin A project, practice,
or program for water quality improvement or protection that is conducted by a watershed
management organization or a local government unit with a comprehensive watershed
management plan or other water management plan approved according to chapter 103B,
103C, or 103D may be considered as contributing to the requirements of a storm water
pollution prevention plan (SWPPP) for a municipal separate storm sewer systems (MS4)
permit unless the project, practice, or program was previously documented as contributing
to a different SWPPP for an MS4 permit.
new text end
Sec. 58.
Minnesota Statutes 2016, section 114D.26, is amended to read:
114D.26 WATERSHED RESTORATION AND PROTECTION STRATEGIES.
Subdivision 1.
Contents.
new text begin (a) new text end Thenew text begin commissioner of thenew text end Pollution Control Agency deleted text begin shalldeleted text end new text begin
mustnew text end develop watershed restoration and protection strategiesdeleted text begin . To ensure effectiveness and
accountability in meeting the goals of this chapter,deleted text end new text begin for:
new text end
new text begin (1) quantifying impairments and risks to water quality;
new text end
new text begin (2) describing the causes of impairments and pollution sources;
new text end
new text begin (3) consolidating TMDLs in a major watershed; and
new text end
new text begin (4) informing comprehensive local water management plans and comprehensive
watershed management plans.
new text end
new text begin (b) new text end Each WRAPS deleted text begin shalldeleted text end new text begin mustnew text end :
(1) identify impaired waters and waters in need of protection;
(2) identify biotic stressors causing impairments or threats to water quality;
(3) summarize watershed modeling outputs and resulting pollution load allocationsdeleted text begin ,deleted text end new text begin andnew text end
wasteload allocationsdeleted text begin , and priority areas for targeting actions to improve water qualitydeleted text end new text begin and
identify areas with high pollutant-loading ratesnew text end ;
(4) identify point sources of pollution for which a national pollutant discharge elimination
system permit is required under section 115.03;
(5) identify nonpoint sources of pollution for which a national pollutant discharge
elimination system permit is not required under section 115.03, with sufficient specificity
to deleted text begin prioritize and geographically locatedeleted text end new text begin informnew text end watershed restoration and protection deleted text begin actionsdeleted text end new text begin
strategiesnew text end ;
(6) describe the current pollution loading and load reduction needed for each source or
source category to meet water quality standards and goals, including wasteload and load
allocations from TMDL's;
(7) deleted text begin contain a plan for ongoingdeleted text end new text begin identifynew text end water quality monitoringnew text begin needednew text end to fill data gaps,
determine changing conditions, deleted text begin anddeleted text end new text begin ornew text end gauge implementation effectiveness; and
(8) contain deleted text begin an implementation table ofdeleted text end strategies deleted text begin and actionsdeleted text end that are capable of
cumulatively achieving needed pollution load reductions for point and nonpoint sources,
includingnew text begin identifyingnew text end :
(i) water quality parameters of concern;
(ii) current water quality conditions;
(iii) water quality goalsnew text begin , strategies,new text end and targets by parameter of concern;new text begin and
new text end
(iv) strategies deleted text begin and actions by parameter of concerndeleted text end and new text begin an example of new text end the scale of
adoptions deleted text begin needed for eachdeleted text end new text begin with a timeline to meet the water quality restoration or protection
goals of this chapternew text end ;
deleted text begin (v) a timeline for achievement of water quality targets;
deleted text end
deleted text begin (vi) the governmental units with primary responsibility for implementing each watershed
restoration or protection strategy; and
deleted text end
deleted text begin (vii) a timeline and interim milestones for achievement of watershed restoration or
protection implementation actions within ten years of strategy adoption.
deleted text end
new text begin Subd. 1a.new text end
new text begin Coordination.new text end
new text begin To ensure effectiveness, efficiency, and accountability in
meeting the goals of this chapter, the commissioner of the Pollution Control Agency and
the Board of Water and Soil Resources must coordinate the schedule, budget, scope, and
use of a WRAPS and related documents and processes in consultation with local government
units and, when applicable, the Minnesota Forest Resources Council, in consideration of
section 114D.20, subdivision 8.
new text end
Subd. 2.
Reporting.
Beginning July 1, 2016, and every other year thereafter,new text begin the
commissioner ofnew text end the Pollution Control Agency must report on deleted text begin itsdeleted text end new text begin the agency'snew text end Web site the
progress toward implementation milestones and water quality goals deleted text begin for all adopted TMDL's
and, where available, WRAPS'sdeleted text end .
Subd. 3.
Timelines; administration.
deleted text begin Each year,deleted text end new text begin (a) The commissioner ofnew text end the Pollution
Control Agency must complete deleted text begin WRAPS's for at least ten percent ofdeleted text end new text begin watershed restoration
and protection strategies fornew text end the state's major watershedsdeleted text begin . WRAPS shall bedeleted text end new text begin by June 30,
2023, unless the commissioner determines that a comprehensive watershed management
plan or comprehensive local water management plan, in whole or part, meets the definition
in section 114D.15, subdivision 11 or 13. As needed, the commissioner must update the
strategies, in whole or part, after consultation with the Board of Water and Soil Resources
and local government units.
new text end
new text begin (b) Watershed restoration and protection strategies arenew text end governed by the procedures for
approval and notice in section 114D.25, subdivisions 2 and 4, except that deleted text begin WRAPSdeleted text end new text begin the
strategiesnew text end need not be submitted to the United States Environmental Protection Agency.
Sec. 59.
Minnesota Statutes 2016, section 114D.35, subdivision 1, is amended to read:
Subdivision 1.
Public and stakeholder participation.
new text begin (a) new text end Public agencies and private
entities involved in deleted text begin the implementation ofdeleted text end new text begin implementingnew text end this chapter deleted text begin shalldeleted text end new text begin mustnew text end encourage
participation by the public and stakeholders, including local citizens, landowners deleted text begin anddeleted text end new text begin , landnew text end
managers, and public and private organizationsdeleted text begin , in identifying impaired waters, in developing
TMDL's, in planning, priority setting, and implementing restoration of impaired waters, in
identifying degraded groundwater, and in protecting and restoring groundwater resourcesdeleted text end .
new text begin (b)new text end In particular,new text begin the commissioner ofnew text end the Pollution Control Agency deleted text begin shalldeleted text end new text begin mustnew text end make
reasonable efforts to provide timely information to the public and to stakeholders about
impaired waters that have been identified by the agencydeleted text begin . The agency shall seek broad and
early public and stakeholder participation in scoping the activities necessary to develop a
TMDL, including the scientific models, methods, and approaches to be used in TMDL
development, and to implement restoration pursuant to section 114D.15, subdivision 7.deleted text end new text begin and
to inform and consult with the public and stakeholders in developing a WRAPS or TMDL.
new text end
new text begin (c) Public agencies and private entities involved in implementing restoration and
protection identified in a comprehensive watershed management plan or comprehensive
local water management plan must make efforts to inform, consult, and involve the public
and stakeholders.
new text end
new text begin (d) The commissioner of the Pollution Control Agency and the Board of Water and Soil
Resources must coordinate public and stakeholder participation in consultation with local
government units. To the extent practicable, implementation of this chapter must be
accomplished in cooperation with local, state, federal, and tribal governments and private
sector organizations.
new text end
Sec. 60.
Minnesota Statutes 2016, section 114D.35, subdivision 3, is amended to read:
Subd. 3.
Education.
The Clean Water Council shall develop strategies for informing,
educating, and encouraging the participation of citizens, stakeholders, and others regarding
deleted text begin the identification of impaired waters, development of TMDL's, development of TMDL
implementation plans, implementation of restoration for impaired waters, identification of
degraded groundwater, and protection and restoration of groundwater resourcesdeleted text end new text begin this chapternew text end .
Public agencies deleted text begin shall bedeleted text end new text begin arenew text end responsible for implementing the strategies.
Sec. 61.
Minnesota Statutes 2016, section 115.03, subdivision 5, is amended to read:
Subd. 5.
Agency authority; national pollutant discharge elimination system.
new text begin (a)
new text end Notwithstanding any other provisions prescribed in or pursuant to this chapter and, with
respect to the pollution of waters of the state, in chapter 116, or otherwise, the agency shall
have the authority to perform any and all acts minimally necessary including, but not limited
to, the establishment and application of standards, procedures, rules, orders, variances,
stipulation agreements, schedules of compliance, and permit conditions, consistent with
and, therefore not less stringent than the provisions of the Federal Water Pollution Control
Act, as amended, applicable to the participation by the state of Minnesota in the national
pollutant discharge elimination system (NPDES); provided that this provision shall not be
construed as a limitation on any powers or duties otherwise residing with the agency pursuant
to any provision of law.
new text begin (b) An activity that conveys or connects waters of the state without subjecting the
transferred water to intervening industrial, municipal, or commercial use does not require
a national pollutant discharge elimination system permit. This exemption does not apply to
pollutants introduced by the activity itself to the water being transferred.
new text end
Sec. 62.
Minnesota Statutes 2016, section 115.03, is amended by adding a subdivision to
read:
new text begin Subd. 5d.new text end
new text begin Sugar beet storage.new text end
new text begin The commissioner must not require a beet sugar company
that has a current national pollutant discharge elimination permit or state disposal system
permit to install engineered liners for remote sugar beet storage site stormwater runoff ponds
unless a risk assessment confirms there is significant impact on groundwater and that an
engineered liner is necessary to prevent, control, or abate water pollution. For purposes of
this subdivision, "sugar beet storage site" means an area where sugar beets are temporarily
stored prior to delivery to a sugar beet processing facility that is not located on land adjacent
to the processing facility.
new text end
Sec. 63.
Minnesota Statutes 2016, section 115.035, is amended to read:
115.035 EXTERNAL PEER REVIEW OF WATER QUALITY STANDARDS.
(a) deleted text begin When the commissioner convenes an external peer review panel during the
promulgation or amendment of water quality standards, the commissioner must provide
notice and take public comment on the charge questions for the external peer review panel
and must allow written and oral public comment as part of the external peer review panel
process.deleted text end new text begin Every new or revised numeric water quality standard must be supported by a
technical support document that provides the scientific basis for the proposed standard and
that has undergone external, scientific peer review. Numeric water quality standards in
which the agency is adopting, without change, a United States Environmental Protection
Agency criterion that has been through peer review are not subject to this paragraph.new text end
Documentation of the external peer review panel, including the name or names of the peer
reviewer or reviewers, must be included in the statement of need and reasonableness for
the water quality standard. deleted text begin If the commissioner does not convene an external peer review
panel during the promulgation or amendment of water quality standards, the commissioner
must state the reason an external peer review panel will not be convened in the statement
of need and reasonableness.
deleted text end
new text begin (b) Every technical support document developed by the agency must be released in draft
form for public comment before peer review and before finalizing the technical support
document.
new text end
new text begin (c) The commissioner must provide public notice and information about the external
peer review through the request for comments published at the beginning of the rulemaking
process for the numeric water quality standard, and:
new text end
new text begin (1) the request for comments must identify the draft technical support document and
where the document can be found;
new text end
new text begin (2) the request for comments must include a proposed charge for the external peer review
and request comments on the charge;
new text end
new text begin (3) all comments received during the public comment period must be made available to
the external peer reviewers; and
new text end
new text begin (4) if the agency is not soliciting external peer review because the agency is adopting a
United States Environmental Protection Agency criterion without change, that must be
noted in the request for comments.
new text end
new text begin (d) The purpose of the external peer review is to evaluate whether the technical support
document and proposed standard are based on sound scientific knowledge, methods, and
practices. The external peer review must be conducted according to the guidance in the
most recent edition of the United States Environmental Protection Agency's Peer Review
Handbook. Peer reviewers must not have participated in developing the scientific basis of
the standard. Peer reviewers must disclose any activities or circumstances that could pose
a conflict of interest or create an appearance of a loss of impartiality that could interfere
with an objective review.
new text end
new text begin (e) The type of review and the number of peer reviewers depends on the nature of the
science underlying the standard. When the agency is developing significant new science or
science that expands significantly beyond current documented scientific practices or
principles, a panel review must be used.
new text end
new text begin (f) In response to the findings of the external peer review, the draft technical support
document must be revised as appropriate. The findings of the external peer review must be
documented and attached to the final technical support document, which must be an exhibit
as part of the statement of need and reasonableness in the rulemaking to adopt the new or
revised numeric water quality standard. The final technical support document must note
changes made in response to the external peer review.
new text end
deleted text begin (b)deleted text end new text begin (g)new text end By December 15 each year, the commissioner shall post on the agency's Web
site a report identifying the water quality standards development work in progress or
completed in the past year, the lead agency scientist for each development effort, and
opportunities for public input.
Sec. 64.
new text begin [115.455] EFFLUENT LIMITATIONS; COMPLIANCE.
new text end
new text begin To the extent allowable under federal law, for a municipality that constructs a publicly
owned treatment works facility or for an industrial national pollutant discharge elimination
system and state disposal system permit holder that constructs a treatment works facility to
comply with a new or modified effluent limitation, compliance with any new or modified
effluent limitation adopted after construction begins that would require additional capital
investment is required no sooner than 16 years after the date the facility begins operating.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 65.
Minnesota Statutes 2016, section 115A.51, is amended to read:
115A.51 APPLICATION REQUIREMENTS.
new text begin (a) new text end Applications for assistance under the program deleted text begin shalldeleted text end new text begin mustnew text end demonstrate:
deleted text begin (a)deleted text end new text begin (1)new text end that the project is conceptually and technically feasible;
deleted text begin (b)deleted text end new text begin (2)new text end that affected political subdivisions are committed to implement the project, to
provide necessary local financing, and to accept and exercise the government powers
necessary to the project;
deleted text begin (c)deleted text end new text begin (3)new text end that operating revenues from the project, considering the availability and security
of sources of solid waste and of markets for recovered resources, together with any proposed
federal, state, or local financial assistance, will be sufficient to pay all costs over the projected
life of the project;
deleted text begin (d)deleted text end new text begin (4)new text end that the applicant has evaluated the feasible and prudent alternatives to disposalnew text begin ,
including the use of existing solid waste management facilities with reasonably available
capacity sufficient to accomplish the goals of the proposed projectnew text end and has compared and
evaluated the costs of the alternatives, including capital and operating costs, and the effects
of the alternatives on the cost to generatorsdeleted text begin .deleted text end new text begin ;
new text end
new text begin (5) that the applicant has identified: (i) waste management objectives in applicable county
and regional solid waste management plans consistent with sections 115A.46, subdivision
2, paragraphs (e) and (f), or 473.149, subdivision 1; and (ii) other solid waste facilities
identified in the county and regional plans; and
new text end
new text begin (6) that the applicant has conducted a comparative analysis of the project against existing
public and private solid waste facilities, including an analysis of potential displacement of
those facilities to determine whether the project is the most appropriate alternative to achieve
the identified waste management objectives that considers:
new text end
new text begin (i) conformity with approved county or regional solid waste management plans;
new text end
new text begin (ii) consistency with the state's solid waste hierarchy and section 115A.46, subdivision
2, paragraphs (e) and (f), or 473.149, subdivision 1; and
new text end
new text begin (iii) environmental standards related to public health, air, surface water, and groundwater.
new text end
new text begin (b)new text end The commissioner may require completion of a comprehensive solid waste
management plan conforming to the requirements of section 115A.46, before accepting an
application.new text begin Within five days of filing an application with the agency, the applicant must
submit a copy of the application to each solid waste management facility mentioned in the
portion of the application addressing the requirements of paragraph (a), clauses (5) and (6).
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 66.
Minnesota Statutes 2016, section 115A.94, subdivision 2, is amended to read:
Subd. 2.
Local authority.
A city or town may organize collection, after public notification
and hearing as required in subdivisions 4a to deleted text begin 4ddeleted text end new text begin 4fnew text end . A county may organize collection as
provided in subdivision 5. A city or town that has organized collection as of May 1, 2013,
is exempt from subdivisions 4a to deleted text begin 4ddeleted text end new text begin 4fnew text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under section 115A.94, subdivision 2, on or after that date.
new text end
Sec. 67.
Minnesota Statutes 2016, section 115A.94, subdivision 4a, is amended to read:
Subd. 4a.
Committee establishment.
(a) Before implementing an ordinance, franchise,
license, contract, or other means of organizing collection, a city or town, by resolution of
the governing body, must establish deleted text begin an organizeddeleted text end new text begin a solid waste new text end collection options committee
to identify, examine, and evaluate various methods of deleted text begin organizeddeleted text end new text begin solid wastenew text end collection. The
governing body shall appoint the committee members.
(b) The deleted text begin organizeddeleted text end new text begin solid wastenew text end collection options committee is subject to chapter 13D.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end
Sec. 68.
Minnesota Statutes 2016, section 115A.94, subdivision 4b, is amended to read:
Subd. 4b.
Committee duties.
The committee established under subdivision 4a shall:
(1) determine which methods of deleted text begin organizeddeleted text end new text begin solid wastenew text end collection to examine, which
must include:
new text begin (i) the existing system of collection;
new text end
deleted text begin (i)deleted text end new text begin (ii)new text end a system in which a single collector collects solid waste from all sections of a
city or town; and
deleted text begin (ii)deleted text end new text begin (iii)new text end a system in which multiple collectors, either singly or as members of an
organization of collectors, collect solid waste from different sections of a city or town;
(2) establish a list of criteria on which the deleted text begin organizeddeleted text end new text begin solid wastenew text end collection methods
selected for examination will be evaluated, which may include: costs to residential
subscribers, new text begin impacts on residential subscribers' ability to choose a provider of solid waste
service based on the desired level of service, costs and other factors, the impact of new text end miles
driven deleted text begin by collection vehiclesdeleted text end on city streets and alleysnew text begin and the incremental impact of miles
driven by collection vehiclesnew text end , initial and operating costs to the city of implementing the
deleted text begin organizeddeleted text end new text begin solid wastenew text end collection system, providing incentives for waste reduction, impacts
on solid waste collectors, and other physical, economic, fiscal, social, environmental, and
aesthetic impacts;
(3) collect information regarding the operation and efficacy of existing methods of
deleted text begin organizeddeleted text end new text begin solid wastenew text end collection in other cities and towns;
(4) seek input from, at a minimum:
(i) the governing body of the city or town;
(ii) the local official of the city or town responsible for solid waste issues;
(iii) persons currently licensed to operate solid waste collection and recycling services
in the city or town; and
(iv) residents of the city or town who currently pay for residential solid waste collection
services; and
(5) issue a report on the committee's research, findings, and any recommendations to
the governing body of the city or town.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end
Sec. 69.
Minnesota Statutes 2016, section 115A.94, subdivision 4c, is amended to read:
Subd. 4c.
Governing body; implementation.
The governing body of the city or town
shall consider the report and recommendations of the deleted text begin organizeddeleted text end new text begin solid wastenew text end collection
options committee. The governing body must provide public notice and hold at least one
public hearing before deciding whether to implement organized collection. Organized
collection may begin no sooner than six months after the effective date of the decision of
the governing body of the city or town to implement organized collection.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end
Sec. 70.
Minnesota Statutes 2016, section 115A.94, subdivision 4d, is amended to read:
Subd. 4d.
Participating collectors proposal requirement.
deleted text begin Prior todeleted text end new text begin Beforenew text end establishing
a committee under subdivision 4a to consider organizing residential solid waste collection,
a city or town with more than one licensed collector must notify the public and all licensed
collectors in the community. The city or town must provide a deleted text begin 60-daydeleted text end period new text begin of at least 60
days new text end in which meetings and negotiations shall occur exclusively between licensed collectors
and the city or town to develop a proposal in which interested licensed collectors, as members
of an organization of collectors, collect solid waste from designated sections of the city or
town. The proposal shall include identified city or town priorities, including issues related
to zone creation, traffic, safety, environmental performance, service provided, and price,
and shall reflect existing haulers maintaining their respective market share of business as
determined by each hauler's average customer count during the six months prior to the
commencement of the deleted text begin 60-daydeleted text end new text begin exclusivenew text end negotiation period. If an existing hauler opts to be
excluded from the proposal, the city may allocate their customers proportionally based on
market share to the participating collectors who choose to negotiate. The initial organized
collection agreement executed under this subdivision must be for deleted text begin a period of three todeleted text end seven
years. Upon execution of an agreement between the participating licensed collectors and
city or town, the city or town shall establish organized collection through appropriate local
controls and is not required to fulfill the requirements of subdivisions 4a, 4b, and 4c, except
that the governing body must provide the public notification and hearing required under
subdivision 4c.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end
Sec. 71.
Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision
to read:
new text begin Subd. 4e.new text end
new text begin Parties to meet and confer.new text end
new text begin Before the exclusive meetings and negotiations
under subdivision 4d, participating licensed collectors and elected officials of the city or
town must meet and confer regarding waste collection issues, including but not limited to
road deterioration, public safety, pricing mechanisms, and contractual considerations unique
to organized collection.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end
Sec. 72.
Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision
to read:
new text begin Subd. 4f.new text end
new text begin Joint liability limited.new text end
new text begin Notwithstanding section 604.02, an organized collection
agreement must not obligate a participating licensed collector for damages to third parties
solely caused by another participating licensed collector. The organized collection agreement
may include joint obligations for actions that are undertaken by all the participating licensed
collectors under this section.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end
Sec. 73.
Minnesota Statutes 2016, section 115A.94, subdivision 5, is amended to read:
Subd. 5.
County organized collection.
(a) A county may by ordinance require cities
and towns within the county to organize collection. Organized collection ordinances of
counties may:
(1) require cities and towns to require the separation and separate collection of recyclable
materials;
(2) specify the material to be separated; and
(3) require cities and towns to meet any performance standards for source separation
that are contained in the county solid waste plan.
(b) A county may itself organize collection under subdivisions 4a to deleted text begin 4ddeleted text end new text begin 4fnew text end in any city
or town that does not comply with a county organized collection ordinance adopted under
this subdivision, and the county may implement, as part of its organized collection, the
source separation program and performance standards required by its organized collection
ordinance.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to organized
collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after
that date.
new text end
Sec. 74.
new text begin [115B.172] NATURAL RESOURCES DAMAGES ACCOUNT.
new text end
new text begin Subdivision 1.new text end
new text begin Establishment.new text end
new text begin The natural resources damages account is established as
an account in the remediation fund.
new text end
new text begin Subd. 2.new text end
new text begin Revenues.new text end
new text begin The account consists of money from the following sources:
new text end
new text begin (1) revenues from actions taken by the attorney general on behalf of the commissioner
of the Pollution Control Agency and commissioner of natural resources under section
115B.17, subdivisions 6 and 7, unless otherwise specified by the attorney general or
settlement agreement;
new text end
new text begin (2) appropriations and transfers to the account as provided by law;
new text end
new text begin (3) interest earned on the account; and
new text end
new text begin (4) money received by the commissioner of the Pollution Control Agency or the
commissioner of natural resources for deposit in the account in the form of a gift or a grant.
new text end
new text begin Subd. 3.new text end
new text begin Expenditures.new text end
new text begin (a) Money in the account is appropriated to the commissioner
of natural resources for the purposes authorized in section 115B.20, subdivision 2, clause
(4).
new text end
new text begin (b) The commissioner of management and budget must allocate the amounts available
in any biennium to the commissioner of natural resources for the purposes of this section
based upon work plans submitted by the commissioner of natural resources and may adjust
those allocations upon submittal of revised work plans. Copies of the work plans must be
submitted to the chairs of the house of representatives and senate committees and divisions
having jurisdiction over environment and natural resources finance.
new text end
new text begin Subd. 4.new text end
new text begin Report.new text end
new text begin By November 1 each year, the commissioner of natural resources must
submit a report to the chairs and ranking minority members of the house of representatives
and senate committees and divisions with jurisdiction over environment and natural resources
policy and finance on expenditures from the natural resources damages account during the
previous fiscal year.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 75.
new text begin [115B.52] WATER QUALITY AND SUSTAINABILITY ACCOUNT.
new text end
new text begin Subdivision 1.new text end
new text begin Definitions.new text end
new text begin (a) For purposes of this section and section 115B.53, the
following terms have the meanings given.
new text end
new text begin (b) "East metropolitan area" includes but is not limited to the cities of Woodbury,
Oakdale, Lake Elmo, Cottage Grove, St. Paul Park, Afton, and Newport and the townships
of West Lakeland and Grey Cloud Island.
new text end
new text begin (c) "Settlement" means the agreement and order entered on February 20, 2018, settling
litigation commenced by the state against the 3M Company under section 115B.17,
subdivision 7.
new text end
new text begin Subd. 2.new text end
new text begin Establishment.new text end
new text begin The water quality and sustainability account is established as
an account in the remediation fund. The account consists of revenue deposited in the account
under the terms of the settlement and earnings on the investment of money in the account.
Money in the account may be invested through the State Board of Investment.
new text end
new text begin Subd. 3.new text end
new text begin Expenditures.new text end
new text begin Money in the account is appropriated to the commissioner of
the Pollution Control Agency and to the commissioner of natural resources for the purposes
authorized under the settlement.
new text end
new text begin Subd. 4.new text end
new text begin Reporting.new text end
new text begin The commissioner of the Pollution Control Agency and the
commissioner of natural resources must jointly submit:
new text end
new text begin (1) by April 1, 2019, an implementation plan detailing how the commissioners will:
new text end
new text begin (i) determine how the priorities in the settlement will be met and how the spending will
move from the first priority to the second priority and the second priority to the third priority
outlined in the settlement; and
new text end
new text begin (ii) evaluate and determine what projects receive funding;
new text end
new text begin (2) by February 1 and August 1 each year, a biannual report to the chairs and ranking
minority members of the legislative policy and finance committees with jurisdiction over
environment and natural resources on expenditures from the water quality and sustainability
account during the previous six months; and
new text end
new text begin (3) by August 1, 2019, and each year thereafter, a report to the legislature on expenditures
from the water quality and sustainability account during the previous fiscal year and a
spending plan for anticipated expenditures from the account during the current fiscal year.
new text end
new text begin Subd. 5.new text end
new text begin Local approval.new text end
new text begin The commissioner of the Pollution Control Agency or
commissioner of natural resources must receive approval from the local unit of government
before assuming control or otherwise operating an existing municipal water supply operation
in the east metropolitan area.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 76.
new text begin [115B.53] WATER QUALITY AND SUSTAINABILITY STAKEHOLDERS.
new text end
new text begin The commissioner of the Pollution Control Agency and the commissioner of natural
resources must work with stakeholders to identify and recommend projects to receive funding
from the water quality and sustainability account under the settlement. Stakeholders include,
at a minimum, representatives of the agency, the Department of Natural Resources, east
metropolitan area municipalities, and the 3M Company. The commissioners must establish
a process to solicit and evaluate the recommendations from municipalities in the east
metropolitan area as defined in section 115B.52.
new text end
Sec. 77.
Minnesota Statutes 2017 Supplement, section 116.0714, is amended to read:
116.0714 NEW OPEN-AIR SWINE BASINS.
new text begin (a) new text end The commissioner of the Pollution Control Agency or a county board shall not
approve any permits for the construction of new open-air swine basins, except that existing
facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste
treatment program for resolving pollution problems or to allow conversion of an existing
basin of less than 1,000,000 gallons to a different animal type, provided all standards are
met. This section expires June 30, 2022.
new text begin (b) This section does not apply to basins used solely for wastewater from truck-washing
facilities.
new text end
Sec. 78.
Minnesota Statutes 2016, section 116.155, subdivision 1, is amended to read:
Subdivision 1.
Creation.
The remediation fund is created as a special revenue fund in
the state treasury to provide a reliable source of public money for response and corrective
actions to address releases of hazardous substances, pollutants or contaminants, agricultural
chemicals, and petroleum, and for environmental response actions at qualified landfill
facilities for which the agency has assumed such responsibility, including perpetual care of
such facilities. The specific purposes for which the general portion of the fund may be spent
are provided in subdivision 2. In addition to the general portion of the fund, the fund contains
deleted text begin twodeleted text end new text begin fournew text end accounts described in subdivisions 4 deleted text begin and 5deleted text end new text begin to 5bnew text end .
Sec. 79.
Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision
to read:
new text begin Subd. 5a.new text end
new text begin Water quality and sustainability account.new text end
new text begin The water quality and sustainability
account is as described in section 115B.52.
new text end
Sec. 80.
Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision
to read:
new text begin Subd. 5b.new text end
new text begin Natural resources damages account.new text end
new text begin The natural resources damages account
is as described in section 115B.172.
new text end
Sec. 81.
Minnesota Statutes 2016, section 116.993, subdivision 2, is amended to read:
Subd. 2.
Eligible borrower.
To be eligible for a loan under this section, a borrower
must:
(1) be a small business corporation, sole proprietorship, partnership, or association;
(2) be a potential emitter of pollutants to the air, ground, or water;
(3) need capital for equipment purchases that will meet or exceed environmental
regulations or need capital for site investigation and cleanup;
(4) have deleted text begin lessdeleted text end new text begin fewernew text end than deleted text begin 50deleted text end new text begin 100new text end full-time new text begin equivalent new text end employees;new text begin and
new text end
(5) have an deleted text begin after taxdeleted text end new text begin after-taxnew text end profit of less than $500,000deleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin (6) have a net worth of less than $1,000,000.
deleted text end
Sec. 82.
Minnesota Statutes 2016, section 116.993, subdivision 6, is amended to read:
Subd. 6.
Loan conditions.
A loan made under this section must include:
(1) an interest rate that is deleted text begin four percent ordeleted text end new text begin at or belownew text end one-half the prime rate, deleted text begin whichever
is greaterdeleted text end new text begin not to exceed five percentnew text end ;
(2) a term of payment of not more than seven years; and
(3) an amount not less than $1,000 or exceeding deleted text begin $50,000deleted text end new text begin $75,000new text end .
Sec. 83.
Minnesota Statutes 2016, section 180.03, subdivision 2, is amended to read:
Subd. 2.
Fences.
Every person, firm, or corporation that is or has been engaged in the
business of mining or removing iron ore, taconite, semitaconite or other minerals except
sand, crushed rock, and gravel shall erect and maintain, as a minimum, a three strand wire
fence along the outside perimeter of the excavation, open pit, or shaft of any mine in which
mining operations have ceased for a period of six consecutive months or longer. Based upon
local site conditions that may exist at shafts, caves, or open pits, the county mine inspector
may require more secure fencing such as barbed wire or mesh fence, or may require barriers,
appropriate signs, or any combination of the above, to reduce the possibility of accidental
falls. The county mine inspector may grant exemptions under subdivision 4. Where mining
operations have ceased and not resumed, the fence, barrier, signs, or combination of themnew text begin
required by this sectionnew text end shall be erected within two years from the date when the county
mine inspector directs the erection of fences, barriers, signs, or combination of them.
Sec. 84.
Minnesota Statutes 2016, section 180.03, subdivision 3, is amended to read:
Subd. 3.
Abandoned mines.
new text begin Except as described in subdivision 4, new text end when a mine is idle
or abandoned it is the duty of the inspector of mines to notify the person, firm, or corporation
that is or has been engaged in the business of mining to erect and maintain around all the
shafts, caves, and open pits of such mines a fence, barrier, appropriate signs, or combination
of them, suitable to warn of the presence of shafts, caves, or open pits and reduce the
possibility of accidentally falling into these shafts, caves, or open pits. If the mine has been
idled or abandoned, or if the person, firm, or corporation that has been engaged in the
business of mining no longer exists, the fee owner shall erectnew text begin and maintainnew text end the fence, barrier,
or signs required by this section. If the fee owner fails to act, the county in which the mining
operation is located may, in addition to any other remedies available, abate the nuisance by
erectingnew text begin or maintainingnew text end the fence, barrier, or signs and assessing the costs and related
expenses pursuant to section 429.101.
Sec. 85.
Minnesota Statutes 2016, section 180.03, subdivision 4, is amended to read:
Subd. 4.
Exemptions.
new text begin (a) The portion of an excavation, cave, open or water-filled pit,
or shaft is exempt from the requirements of this section if:
new text end
new text begin (1) it is located on property owned, leased, or administered by the Office of the
Commissioner of Iron Range Resources and Rehabilitation;
new text end
new text begin (2) it is for the construction, operation, maintenance, or administration of:
new text end
new text begin (i) grants-in-aid trails as defined in section 85.018;
new text end
new text begin (ii) property owned or leased by a municipality, as defined in section 466.01, subdivision
1, that is intended or permitted to be used as a park, an open area for recreational purposes,
or for the provision of recreational services, including the creation of trails or paths without
artificial surfaces; or
new text end
new text begin (iii) recreational use, as defined in section 604A.21, subdivisions 5 and 6, provided the
use is administered by a municipality, as defined in section 466.01, subdivision 1;
new text end
new text begin (3) it is for economic development purposes under chapter 469; or
new text end
new text begin (4) new text end upon written applicationnew text begin by the property ownernew text end , the county mine inspector deleted text begin may
exempt from the requirements of subdivision 2, any abandoned excavation, open pit, or
shaft whichdeleted text end new text begin determines that it new text end is provided with fencing, barriers, appropriate signs, or
combinations of them, in a manner that is reasonably similar to the standards in subdivision
2, or deleted text begin whichdeleted text end new text begin if,new text end in the inspector's judgmentnew text begin , itnew text end does not constitute a safety hazard.
new text begin (b) Where an exemption applies, there shall be, at a minimum, appropriate signs posted
by the recipient of the exemption consistent with section 97B.001, subdivision 4:
new text end
new text begin (1) at each location of public access to the mining area restricting access to designated
areas and warning of possible dangers due to the presence of excavations, shafts, caves, or
open or water-filled pits;
new text end
new text begin (2) prohibiting public access beyond the boundaries of the designated public access area;
and
new text end
new text begin (3) identifying those areas where the property on which public access is allowed abuts
private property.
new text end
new text begin (c) Where an exemption applies, to reduce the possibility of inadvertent access beyond
the boundaries of the designated public access area, any new fencing erected by the recipient
of the exemption in accordance with subdivision 2 or 3 shall be maintained by the recipient
of the exemption.
new text end
new text begin (d) Notwithstanding section 180.10, limited openings in preexisting fencing may be
created and maintained by the recipient of the exemption or its agent to provide public
access to the designated public access area.
new text end
new text begin (e) The county mine inspector has the authority to enter, examine, and inspect any and
all property exempted under this section at all reasonable times by day or by night, and, in
addition to enforcing the provisions of this chapter, may make recommendations regarding
the erection of fences, barriers, signs, or a combination of them.
new text end
Sec. 86.
Minnesota Statutes 2016, section 180.10, is amended to read:
180.10 REMOVAL OF FENCE; GUARD.
A worker, employee, or other person who opens, removes, or disturbs any fence, guard,
barrier, sign, or railnew text begin required by section 180.03new text end and fails to close or replace or have the same
closed or replaced again around or in front of any mine shaft, pit, chute, excavation, cave,
or land liable to cave, injure, or destroy, whether by accident, injury, or damage results,
either to the mine or those at work therein, or to any other person, shall be guilty of a
misdemeanor. A worker, employee, or other person who, in regard to any fence, guard,
barrier, sign, or rail, does any of the acts prohibited by section 609.52, commits theft of the
fence, guard, barrier, sign, or rail may be sentenced as provided in section 609.52.
Sec. 87.
Minnesota Statutes 2016, section 216G.01, subdivision 3, is amended to read:
Subd. 3.
Pipeline.
"Pipeline" means a pipeline new text begin owned or operated by a condemning
authority, as defined in section 117.025, subdivision 4, new text end located in this state which is used
to transport natural or synthetic gas at a pressure of more than 90 pounds per square inch,
or to transport crude petroleum or petroleum fuels or oil or their derivatives, coal, anhydrous
ammonia or any mineral slurry to a distribution center or storage facility which is located
within or outside of this state. "Pipeline" does not include a pipeline owned or operated by
a natural gas public utility as defined in section 216B.02, subdivision 4.
Sec. 88.
new text begin [383A.606] DISCONTINUANCE OF RAMSEY SOIL AND WATER
CONSERVATION DISTRICT; TRANSFER OF DUTIES.
new text end
new text begin Subdivision 1.new text end
new text begin Discontinuance.new text end
new text begin Notwithstanding section 103C.225, the Ramsey Soil
and Water Conservation District is discontinued effective July 1, 2018, and its duties and
authorities are transferred to the Ramsey County Board of Commissioners.
new text end
new text begin Subd. 2.new text end
new text begin Transfer of duties and authorities.new text end
new text begin The Ramsey County Board of
Commissioners has the duties and authorities of a soil and water conservation district. All
contracts in effect on the date of the discontinuance of the district to which Ramsey Soil
and Water Conservation District is a party remain in force and effect for the period provided
in the contracts. The Ramsey County Board of Commissioners shall be substituted for the
Ramsey Soil and Water Conservation District as party to the contracts and succeed to the
district's rights and duties.
new text end
new text begin Subd. 3.new text end
new text begin Transfer of assets.new text end
new text begin The Ramsey Soil and Water Conservation District Board
of Supervisors shall transfer the assets of the district to the Ramsey County Board of
Commissioners. The Ramsey County Board of Commissioners shall use the transferred
assets for the purposes of implementing the transferred duties and authorities.
new text end
new text begin Subd. 4.new text end
new text begin Reestablishment.new text end
new text begin The Ramsey County Board of Commissioners may petition
the Minnesota Board of Water and Soil Resources to reestablish the Ramsey Soil and Water
Conservation District. Alternatively, the Minnesota Board of Water and Soil Resources
under its authority in section 103C.201, and after giving notice of corrective actions and
time to implement the corrective actions, may reestablish the Ramsey Soil and Water
Conservation District if it determines the goals established in section 103C.005 are not
being achieved. The Minnesota Board of Water and Soil Resources may reestablish the
Ramsey Soil and Water Conservation District under this subdivision without a referendum.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day after the governing body of
Ramsey County and its chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end
Sec. 89.
Laws 2016, chapter 189, article 3, section 48, is amended to read:
Sec. 48. LAKE SERVICE PROVIDER FEASIBILITY REPORT.
The commissioner of natural resources shall report to the chairs of the house of
representatives and senate committees with jurisdiction over natural resources by January
15, deleted text begin 2019deleted text end new text begin 2020new text end , regarding the feasibility of expanding permitting to service providers as
described in Minnesota Statutes, section 84D.108, subdivision 2a, to other water bodies in
the state. The report must:
(1) include recommendations for state and local resources needed to implement the
program;
(2) assess local government inspection roles under Minnesota Statutes, section 84D.105,
subdivision 2, paragraph (g); and
(3) assess whether mechanisms to ensure that water-related equipment placed back into
the same body of water from which it was removed can adequately protect other water
bodies.
Sec. 90.
Laws 2017, chapter 93, article 2, section 155, subdivision 5, is amended to read:
Subd. 5.
Sunset.
This section expires deleted text begin twodeleted text end new text begin threenew text end years from the day following final
enactment.
Sec. 91.
Laws 2017, chapter 93, article 2, section 163, is amended to read:
Sec. 163. ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER
COUNTY.
Before July 1, deleted text begin 2018deleted text end new text begin 2019new text end , the commissioner of natural resources must not initiate a civil
action to obtain access to Island Lake FMHA Wildlife Management Area in Clearwater
County.
Sec. 92. new text begin RECREATIONAL TRAILS; ENVIRONMENTAL REVIEW;
RULEMAKING.
new text end
new text begin (a) The Environmental Quality Board must amend Minnesota Rules, chapter 4410, to
be consistent with this section, including amending Minnesota Rules, part 4410.4300, subpart
37, as follows:
new text end
new text begin (1) item A must be amended to read: "Constructing a trail at least 25 miles long on
forested or other naturally vegetated land for a recreational use unless exempted by part
4410.4600, subpart 14, item D.";
new text end
new text begin (2) item B must be amended to read: "Designating at least 25 miles of an existing trail
for a new motorized recreational use other than snowmobiling. When designating an existing
motorized trail or existing corridor in current legal use by motor vehicles, for a new motorized
recreational use, this designation must not contribute to the 25-mile threshold. When adding
a new recreational use or seasonal recreational use to an existing motorized recreational
trail if the treadway width is not expanded as a result of the added use, this addition must
not contribute to the 25-mile threshold."; and
new text end
new text begin (3) when applying items A and B, the rule must be amended to read: "In applying items
A and B, if a proposed trail will contain segments of newly constructed trail and segments
that will follow an existing trail but be designated for a new motorized use, an EAW must
be prepared if the sum of the total is at least 25-mile long."
new text end
new text begin (b) The board may use the good cause exemption rulemaking procedure under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
Statutes, section 14.388.
new text end
Sec. 93. new text begin WETLAND REPLACEMENT; FRAMEWORKS FOR IN-LIEU FEE
PROGRAM.
new text end
new text begin The Board of Water and Soil Resources, in cooperation with the United States Army
Corps of Engineers, may complete the planning frameworks and other program application
requirements necessary for federal approval of an in-lieu fee program, as authorized under
Minnesota Statutes, section 103G.2242, in the Red River basin and the greater than 80
percent area. The planning frameworks must contain a prioritization strategy for selecting
and implementing mitigation activities based on a watershed approach that includes
consideration of historic resource loss within watersheds and the extent to which mitigation
can address priority watershed needs. The board must consider the recommendations of the
report "Siting of Wetland Mitigation in Northeast Minnesota," dated March 7, 2014, and
implementation of Minnesota Statutes, section 103B.3355, paragraphs (e) and (f), in
developing proposed planning frameworks for applicable watersheds. When completing
the work and pursuing approval of an in-lieu fee program, the board must do so consistent
with the applicable requirements, stakeholder and agency review processes, and approval
time frames in Code of Federal Regulations, title 33, section 332. The board must submit
any completed planning frameworks to the chairs and ranking minority members of the
house of representatives and the senate committees and divisions with jurisdiction over
environment and natural resources upon receiving federal approval.
new text end
Sec. 94. new text begin TESTING FOR PRIVATE WELLS; EAST METROPOLITAN AREA.
new text end
new text begin Subdivision 1.new text end
new text begin Definitions.new text end
new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin (b) "East metropolitan area" means:
new text end
new text begin (1) the cities of Afton, Cottage Grove, Lake Elmo, Maplewood, Newport, Oakdale, St.
Paul Park, and Woodbury;
new text end
new text begin (2) the townships of Denmark, Grey Cloud Island, and West Lakeland; and
new text end
new text begin (3) other areas added by the commissioner that have a potential for significant
groundwater pollution from PFCs.
new text end
new text begin (c) "PFCs" means perfluorinated and polyfluorinated chemicals.
new text end
new text begin Subd. 2.new text end
new text begin Testing for private wells.new text end
new text begin To provide results of PFC groundwater monitoring
to the public, the commissioner of the Pollution Control Agency must develop a Web page
that may include, but is not limited to, the following:
new text end
new text begin (1) the process for private and public well PFC sampling in the east metropolitan area;
new text end
new text begin (2) an interactive map system that allows the public to view locations of the Department
of Health well advisories and areas projected to be sampled for PFCs; and
new text end
new text begin (3) how to contact the Pollution Control Agency or Department of Health staff to answer
questions on sampling of private wells.
new text end
new text begin Subd. 3.new text end
new text begin Test reporting.new text end
new text begin (a) By January 15 each year, the commissioner of the Pollution
Control Agency must report to each community in the east metropolitan area a summary
of the results of the testing for private wells in the community. The report must include
information on the number of wells tested and trends of PFC contamination in private wells
in the community. Reports to communities under this section must also be published on the
Pollution Control Agency's Web site.
new text end
new text begin (b) By January 15 each year, the commissioner of the Pollution Control Agency must
report to the legislature, as provided in Minnesota Statutes, section 3.195, on the testing for
private wells conducted in the east metropolitan area, including copies of the community
reports required in paragraph (a), the number of requests for well testing in each community,
and the total amount spent for testing private wells in each community.
new text end
Sec. 95. new text begin TEMPORARY ENFORCEMENT OF GROUNDWATER APPROPRIATION
PERMIT REQUIREMENTS.
new text end
new text begin (a) Until July 1, 2019, the commissioner of natural resources must not expend funds to
suspend or revoke a water appropriation permit, issue an order requiring a violation to be
corrected, assess monetary penalties, or otherwise take enforcement action against a water
appropriation permit holder if the suspension, revocation, order, penalty, or other enforcement
action is based solely on a violation of a permit requirement added to a groundwater
appropriation permit within the north and east metro groundwater management area as a
result of a court order issued in 2017.
new text end
new text begin (b) The commissioner of natural resources may continue to use all the authorities granted
to the commissioner under Minnesota Statutes, section 103G.287, to manage groundwater
resources within the north and east groundwater management area.
new text end
Sec. 96. new text begin GROUNDWATER MANAGEMENT AREA PERMIT REQUIREMENTS.
new text end
new text begin (a) Notwithstanding water appropriation permit requirements added by the commissioner
of natural resources as a result of a court order issued in 2017, a public water supplier located
in the seven-county metropolitan area within a designated groundwater management area:
new text end
new text begin (1) is not required to revise a water supply plan to include contingency plans to fully or
partially convert its water supplies to surface water;
new text end
new text begin (2) may prepare, enact, and enforce commercial or residential irrigation bans or alternative
measures that achieve similar water use reductions when notified by the commissioner of
natural resources that lake levels have fallen below court-ordered levels; and
new text end
new text begin (3) is not required to use per capita residential water use as a measure for purposes of
water use reduction goals, plans, and implementation and may submit water use plans and
reports that use a measure other than per capita residential water use.
new text end
new text begin (b) This section expires July 1, 2019.
new text end
Sec. 97. new text begin RULEMAKING; DISPOSAL FACILITY CERTIFICATES.
new text end
new text begin (a) The commissioner of the Pollution Control Agency must amend Minnesota Rules,
part 7048.1000, subpart 4, item D, to require six contact hours of required training to renew
a type IV disposal facility certificate, by April 30, 2019, or nine months after enactment of
this section, whichever is earlier.
new text end
new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
section 14.388.
new text end
Sec. 98. new text begin APPLICATION OF STORM WATER RULES TO TOWNSHIPS.
new text end
new text begin Until the Pollution Control Agency amends rules for storm water, Minnesota Rules, part
7090.1010, subpart 1, item B, subitem (1), only applies to the portions of the city or township
that are designated as urbanized under Code of Federal Regulations, title 40, section 122.26
(a)(9)(i)(A), and other platted areas within that jurisdiction.
new text end
Sec. 99. new text begin FOREST INVENTORY RECOMMENDATIONS.
new text end
new text begin The Minnesota Forest Resources Council shall work in cooperation with the Interagency
Information Cooperative and the University of Minnesota Department of Forest Resources
to make recommendations for improving stand-level forest inventories. Recommendations
shall include the frequency and scope of forest inventory and design and technological
improvements and efficiencies that may be utilized in forest inventory data collection and
analysis. The recommendations shall address forest inventories of state- and
county-administered forest lands and other interested land managers. Recommendations
shall be reported to the house of representatives Environment and Natural Resources Policy
and Finance Committee, the senate Environment and Natural Resources Finance Committee,
and the senate Environment and Natural Resources Policy and Legacy Finance Committee
by February 1, 2019.
new text end
Sec. 100. new text begin LAKE WINONA MANAGEMENT; USING OFFSET, ADAPTIVE
PLANNING.
new text end
new text begin (a) To facilitate implementation of the Lake Winona total maximum daily load, the
Alexandria Lake Area Sanitary District may fund or perform lake management activities
in Lake Winona and in Lake Agnes. Lake management activities may include but are not
limited to carp removal and alum treatment. If the district agrees to fund or perform lake
management activities in Lake Winona and in Lake Agnes, the commissioner of the Pollution
Control Agency shall do one of the following unless the district chooses another path to
compliance that conforms to state and federal law, such as facility construction:
new text end
new text begin (1) approve an offset of the phosphorous loading proportional to the reduction achievable
through lake management activities in Lake Winona and Lake Agnes creditable to the
Alexandria Lake Area Sanitary District's wastewater treatment facility and issue or amend
the district's NPDES permit MN004738 to include the offset. The approved offset may be
related to the lake eutrophication response variable chlorophyll-a, but shall ensure the district
can achieve compliance with phosphorus effluent limits through wastewater optimization
techniques without performing capital upgrades to the wastewater treatment facility. The
lake management activities contemplated under paragraph (a) need not be completed before
the commissioner approves the offset and related discharge limits or issues the permit, but
the permit may include a schedule of compliance outlining the required lake management
activities and requiring that lake management activities in Lake Winona and Lake Agnes
begin immediately upon permit issuance. The approved offset and related permit language
must be consistent with Clean Water Act requirements and Minnesota Statutes, section
115.03, subdivision 10; or
new text end
new text begin (2) amend the district's NPDES permit MN004738 in a manner consistent with state and
federal law to include an integrated and adaptive lake management plan and to extend the
final compliance deadline for the final phosphorus concentration effluent limit related to
the site specific standard for Lake Winona contained in the district's permit until such time
that carp removal in Lake Winona can be completed and the lake can be reassessed. The
permit may include a schedule of compliance outlining the required lake management
activities and requiring that lake management activities in Lake Winona and Lake Agnes
begin immediately upon permit issuance.
new text end
new text begin (b) If the district agrees to fund or perform the lake management activities identified in
paragraph (a), the district may cooperate with the city of Alexandria in those efforts. The
district's responsibility for lake management activities in Lake Winona and Lake Agnes
terminates upon completion of the lake management activities identified in the schedule of
compliance contemplated under paragraph (a).
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day after the governing body of the
Alexandria Lake Area Sanitary District and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end
Sec. 101. new text begin MORATORIUM ON MUSKELLUNGE STOCKING IN OTTER TAIL
COUNTY.
new text end
new text begin (a) Until August 1, 2023, the commissioner of natural resources must not stock
muskellunge in waters wholly located in Otter Tail County. Any savings realized as a result
must be used for walleye stocking. This paragraph does not apply to lakes located wholly
within the boundaries of a state park.
new text end
new text begin (b) The commissioner of natural resources must convene a stakeholder group to examine
the effect of muskellunge on the environment, waters, and native fish of Otter Tail County.
The stakeholder group must include an Otter Tail County commissioner, a representative
of the Minnesota Chamber of Commerce, and a representative of an Otter Tail County lake
association. The stakeholder group must examine existing scientific research and must
determine whether additional research is necessary. If the stakeholder group determines
that muskellunge do not pose a threat to the environment, waters, or native fish of Otter
Tail County, the stakeholder group may recommend that the legislature repeal or adjust the
moratorium imposed under paragraph (a).
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day after the Otter Tail County Board
of Commissioners and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3, but not before July 1, 2018.
new text end
Sec. 102. new text begin NATURAL RESOURCES YOUTH SAFETY EDUCATION PROGRAMS
DELIVERY.
new text end
new text begin The commissioner of natural resources shall review and research options for delivering
online safety training programs for youth and adult students, including off-highway vehicles
and hunter education, that are maintained and delivered by the state that functions
independently from an outside contract vendor. By March 1, 2019, the commissioner shall
report to the chairs of the senate and house of representatives environment and natural
resources policy and finance committees on options identified under this section.
new text end
Sec. 103. new text begin NONPOINT PRIORITY FUNDING PLAN WORKGROUP.
new text end
new text begin The Board of Water and Soil Resources must convene a workgroup consisting of
representatives of state agencies, local governments, tribal governments, private and nonprofit
organizations, and others to review the nonpoint priority funding plan under Minnesota
Statutes, section 114D.50, subdivision 3a. By January 31, 2019, the board must submit a
report to the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over environment and natural resources that contains
recommendations to improve the effectiveness of nonpoint priority funding plans to meet
the requirements in Minnesota Statutes, section 114D.50, subdivision 3a, the purposes in
Minnesota Statutes, section 114D.50, subdivision 3, and the watershed and groundwater
restoration and protection goals of Minnesota Statutes, chapters 103B and 114D.
new text end
Sec. 104. new text begin CHRONIC WASTING DISEASE TASK FORCE.
new text end
new text begin Subdivision 1.new text end
new text begin Creation; membership.new text end
new text begin (a) The Chronic Wasting Disease Task Force
consists of 22 members appointed as follows:
new text end
new text begin (1) the chairs and ranking minority members of the senate committees with jurisdiction
over environment and natural resources policy and finance;
new text end
new text begin (2) the chair and ranking minority member of the house of representatives Environment
and Natural Resources Policy and Finance Committee and two additional members of that
committee selected by the chair of that committee, one from the majority party, and one
from the minority party;
new text end
new text begin (3) the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over agriculture policy and finance;
new text end
new text begin (4) a representative from the Department of Natural Resources, the Department of
Agriculture, and the Board of Animal Health; and
new text end
new text begin (5) a representative from the Minnesota Elk Breeders Association, Minnesota Deer
Farmers Association, and the Minnesota Deer Hunters Association.
new text end
new text begin (b) The appointing authorities must make their respective appointments no later than
July 15, 2018.
new text end
new text begin Subd. 2.new text end
new text begin Chair; meetings.new text end
new text begin (a) The chair of the task force alternates each meeting between
the chair of the senate Environment and Natural Resources Policy Committee and the chair
of the house of representatives Environment and Natural Resources Policy and Finance
Committee. The senate chair shall chair the first meeting, which shall be no later than August
15, 2018.
new text end
new text begin (b) The task force shall meet upon the call of the chair.
new text end
new text begin Subd. 3.new text end
new text begin Administrative support.new text end
new text begin The Legislative Coordinating Commission shall
provide administrative support and meeting space for the task force.
new text end
new text begin Subd. 4.new text end
new text begin Duties.new text end
new text begin The task force must study and provide recommendations on:
new text end
new text begin (1) whether and how recommendations included in the legislative auditor's Board of
Animal Health's Oversight of Deer and Elk Farms report should be implemented;
new text end
new text begin (2) methods to improve the coordination and effectiveness of the chronic wasting disease
prevention and response activities of government agencies and other stakeholders; and
new text end
new text begin (3) whether it is possible to develop a method for detecting the presence of the disease
in living cervids and what resources would be required to do so.
new text end
new text begin Subd. 5.new text end
new text begin Report.new text end
new text begin No later than January 15, 2019, the task force shall submit a report to
the chairs of the house of representatives and senate committees with jurisdiction over
environment and natural resources finance containing the findings of the task force.
new text end
new text begin Subd. 6.new text end
new text begin Expiration.new text end
new text begin The task force expires 45 days after the report and recommendations
are delivered to the legislature or on June 30, 2019, whichever date is earlier.
new text end
Sec. 105. new text begin BOARD OF ANIMAL HEALTH TASK FORCE.
new text end
new text begin Subdivision 1.new text end
new text begin Creation; membership.new text end
new text begin (a) The Board of Animal Health Task Force
consists of 25 members appointed as follows:
new text end
new text begin (1) the chairs and ranking minority members of the senate committees with jurisdiction
over environment and natural resources policy and finance;
new text end
new text begin (2) the chair and ranking minority member of the house of representatives Environment
and Natural Resources Policy and Finance Committee and two additional members of that
committee selected by the chair of that committee, one from the majority party, and one
from the minority party;
new text end
new text begin (3) the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over agriculture policy and finance;
new text end
new text begin (4) the commissioner of agriculture, or the commissioner's designee; and
new text end
new text begin (5) a representative from the Minnesota Elk Breeders Association, the Minnesota Deer
Farmers Association, the Minnesota Deer Hunters Association, the Minnesota Pork Producers
Association, the Minnesota Cattlemen's Association, the Minnesota Farmer's Union, the
Minnesota Farm Bureau, and the Minnesota Turkey Growers Association.
new text end
new text begin (b) The appointing authorities must make their respective appointments no later than
July 15, 2018.
new text end
new text begin Subd. 2.new text end
new text begin Chair; meetings.new text end
new text begin (a) The chair of the task force alternates each meeting between
the chair of the senate Environment and Natural Resources Policy Committee and the chair
of the house of representatives Environment and Natural Resources Policy and Finance
Committee. The senate chair shall chair the first meeting, which shall be no later than August
15, 2018.
new text end
new text begin (b) The task force shall meet upon the call of the chair.
new text end
new text begin Subd. 3.new text end
new text begin Administrative support.new text end
new text begin The Legislative Coordinating Commission shall
provide administrative support and meeting space for the task force.
new text end
new text begin Subd. 4.new text end
new text begin Duties.new text end
new text begin The task force must study and provide recommendations related to:
new text end
new text begin (1) the overall effectiveness of the board's execution of its statutory duties, including its
duties to protect the health of Minnesota's domestic animals, manage domestic animal
diseases, and enforce domestic animal-related laws;
new text end
new text begin (2) whether the structure, membership, and duties of the board are optimally designed
to further the purposes for which the board was created and to serve the communities it is
designed to serve; and
new text end
new text begin (3) whether and how recommendations included in the legislative auditor's Board of
Animal Health's Oversight of Deer and Elk Farms report should be implemented.
new text end
new text begin Subd. 5.new text end
new text begin Duty to cooperate.new text end
new text begin Upon request, the Board of Animal Health shall provide
the task force with any information requested by the task force in connection with the
exercise of its duties. The Board of Animal Health may redact nonpublic information from
the information prior to providing information under this subdivision.
new text end
new text begin Subd. 6.new text end
new text begin Report.new text end
new text begin No later than January 15, 2019, the task force shall submit a report to
the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over environment and natural resources finance containing
the findings of the task force.
new text end
new text begin Subd. 7.new text end
new text begin Expiration.new text end
new text begin The task force expires 45 days after the report and recommendations
are delivered to the legislature or on June 30, 2019, whichever date is earlier.
new text end
Sec. 106. new text begin 1837 CEDED TERRITORY FISHERIES TECHNICAL COMMITTEE.
new text end
new text begin The commissioner of natural resources may request that the 1837 Ceded Territory
Fisheries Technical Committee invite at least two fish managers as designated by the
commissioner to attend all meetings of the committee.
new text end
Sec. 107. new text begin CARBON MONOXIDE EXPOSURE; FISH HOUSES AND ICE
SHELTERS; REPORT.
new text end
new text begin The commissioner of natural resources must work with fish house and ice shelter
manufacturers and other interested parties to identify best practices to reduce fish house
and ice shelter user exposure to carbon monoxide. The commissioner must increase outreach
efforts relating to the dangers of carbon monoxide exposure in fish houses and report
recommendations to the chairs of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources policy by January 15,
2019.
new text end
Sec. 108. new text begin HAYES LAKE STATE PARK RECOMMENDATIONS; REPORT.
new text end
new text begin The commissioner of natural resources, in cooperation with the Friends of Hayes Lake
State Park, Roseau County, and other interested parties must develop recommendations for
expanding access to and recreational opportunities within Hayes Lake State Park. The
commissioner must submit the report to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction over the
environment and natural resources by February 1, 2019.
new text end
Sec. 109. new text begin SNOWMOBILE TRAILS AND ENFORCEMENT ACCOUNT.
new text end
new text begin The commissioner of natural resources must work with the Minnesota United
Snowmobilers Association to develop a consensus agreement on the use of the money in
the snowmobile trails and enforcement account under Minnesota Statutes, section 84.83.
The commissioner of natural resources must submit a copy of a memorandum of
understanding outlining the agreement between the commissioner and the association to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over the environment and natural resources by
January 15, 2019.
new text end
Sec. 110. new text begin HILL-ANNEX MINE STATE PARK; MANAGEMENT AND OPERATION.
new text end
new text begin (a) The commissioner of natural resources must operate the Hill-Annex Mine State Park
for the purposes it was established through June 30, 2021. The commissioner must work
with the group established under Laws 2017, chapter 93, article 2, section 156, to review
park activities and the alternate operating model developed and identify options for
sustainable and viable operation of the park site. The commissioner must submit
recommendations to the chairs and ranking minority members of the house of representatives
and senate committees and divisions with jurisdiction over the environment and natural
resources by January 15, 2021.
new text end
new text begin (b) The commissioner of natural resources must work with the city of Calumet, other
neighboring cities and townships, and other local units of government to identify and
coordinate volunteers to supplement the Department of Natural Resources' park operations
to the extent allowable under state law and rules.
new text end
Sec. 111. new text begin REPEALER.
new text end
new text begin (a)new text end new text begin Minnesota Statutes 2017 Supplement, section 169A.07,new text end new text begin is repealed.
new text end
new text begin (b)new text end new text begin Minnesota Statutes 2016, section 169A.33, subdivision 1,new text end new text begin is repealed.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin Paragraph (a) is effective August 1, 2018, and applies to crimes
committed on or after that date. Paragraph (b) is effective August 1, 2018, and applies to
offenses committed on or after that date.
new text end
ARTICLE 21
ACCELERATED BUFFER STRIP IMPLEMENTATION
Section 1.
Minnesota Statutes 2016, section 17.117, subdivision 1, is amended to read:
Subdivision 1.
Purpose.
The purpose of the agriculture best management practices loan
program is to provide low or no interest financing to farmers, agriculture supply businesses,
rural landowners, new text begin chapter 103E drainage authorities, new text end and water-quality cooperatives for the
implementation of agriculture and other best management practices that reduce environmental
pollution.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2016, section 17.117, subdivision 4, is amended to read:
Subd. 4.
Definitions.
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Agricultural and environmental revolving accounts" means accounts in the
agricultural fund, controlled by the commissioner, which hold funds available to the program.
(c) "Agriculture supply business" means a person, partnership, joint venture, corporation,
limited liability company, association, firm, public service company, or cooperative that
provides materials, equipment, or services to farmers or agriculture-related enterprises.
(d) "Allocation" means the funds awarded to an applicant for implementation of best
management practices through a competitive or noncompetitive application process.
(e) "Applicant" means a local unit of government eligible to participate in this program
that requests an allocation of funds as provided in subdivision 6b.
(f) "Best management practices" has the meaning given in sections 103F.711, subdivision
3, and 103H.151, subdivision 2. Best management practices also means other practices,
techniques, and measures that have been demonstrated to the satisfaction of the
commissioner: (1) to prevent or reduce adverse environmental impacts by using the most
effective and practicable means of achieving environmental goals; or (2) to achieve drinking
water quality standards under chapter 103H or under Code of Federal Regulations, title 40,
parts 141 and 143, as amended.
(g) "Borrower" means a farmer, an agriculture supply business, deleted text begin ordeleted text end a rural landownernew text begin , or
a chapter 103E drainage authoritynew text end applying for a low-interest loan.
(h) "Commissioner" means the commissioner of agriculture, including when the
commissioner is acting in the capacity of chair of the Rural Finance Authority, or the designee
of the commissioner.
(i) "Committed project" means an eligible project scheduled to be implemented at a
future date:
(1) that has been approved and certified by the local government unit; and
(2) for which a local lender has obligated itself to offer a loan.
(j) "Comprehensive water management plan" means a state-approved and locally adopted
plan authorized under section 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or
103D.405.
(k) "Cost incurred" means expenses for implementation of a project accrued because
the borrower has agreed to purchase equipment or is obligated to pay for services or materials
already provided as a result of implementing an approved eligible project.
(l) "Farmer" means a person, partnership, joint venture, corporation, limited liability
company, association, firm, public service company, or cooperative that regularly participates
in physical labor or operations management of farming and files a Schedule F as part of
filing United States Internal Revenue Service Form 1040 or indicates farming as the primary
business activity under Schedule C, K, or S, or any other applicable report to the United
States Internal Revenue Service.
(m) "Lender agreement" means an agreement entered into between the commissioner
and a local lender which contains terms and conditions of participation in the program.
(n) "Local government unit" means a county, soil and water conservation district, or an
organization formed for the joint exercise of powers under section 471.59 with the authority
to participate in the program.
(o) "Local lender" means a local government unit as defined in paragraph (n), a state or
federally chartered bank, a savings association, a state or federal credit union, Agribank
and its affiliated organizations, or a nonprofit economic development organization or other
financial lending institution approved by the commissioner.
(p) "Local revolving loan account" means the account held by a local government unit
and a local lender into which principal repayments from borrowers are deposited and new
loans are issued in accordance with the requirements of the program and lender agreements.
(q) "Nonpoint source" has the meaning given in section 103F.711, subdivision 6.
(r) "Program" means the agriculture best management practices loan program in this
section.
(s) "Project" means one or more components or activities located within Minnesota that
are required by the local government unit to be implemented for satisfactory completion of
an eligible best management practice.
(t) "Rural landowner" means the owner of record of Minnesota real estate located in an
area determined by the local government unit to be rural after consideration of local land
use patterns, zoning regulations, jurisdictional boundaries, local community definitions,
historical uses, and other pertinent local factors.
(u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph (d),
except as expressly limited in this section.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2016, section 17.117, subdivision 11, is amended to read:
Subd. 11.
Loans issued to borrower.
(a) Local lenders may issue loans only for projects
that are approved and certified by the local government unit as meeting priority needs
identified in a comprehensive water management plan or other local planning documents,
are in compliance with accepted practices, standards, specifications, or criteria, and are
eligible for financing under Environmental Protection Agency or other applicable guidelines.
(b) The local lender may use any additional criteria considered necessary to determine
the eligibility of borrowers for loans.
(c) Local lenders shall set the terms and conditions of loans to borrowers, except that:
(1) no loan to a borrower may exceed $200,000;
(2) no loan for a project may exceed $200,000; and
(3) no borrower shall, at any time, have multiple loans from this program with a total
outstanding loan balance of more than $200,000.
new text begin Notwithstanding the limits in clauses (1) to (3), a chapter 103E drainage authority may
request a loan to finance projects implemented on behalf of multiple landowners and the
loan must not exceed an amount equal to the number of landowners represented in the
drainage system multiplied by the limit in clause (1).
new text end
(d) The maximum term length for projects in this paragraph is ten years.
(e) Fees charged at the time of closing must:
(1) be in compliance with normal and customary practices of the local lender;
(2) be in accordance with published fee schedules issued by the local lender;
(3) not be based on participation program; and
(4) be consistent with fees charged other similar types of loans offered by the local
lender.
(f) The interest rate assessed to an outstanding loan balance by the local lender must not
exceed three percent per year.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2016, section 103E.021, subdivision 6, is amended to read:
Subd. 6.
Incremental deleted text begin implementationdeleted text end new text begin establishmentnew text end of vegetated ditch buffer strips
and side inlet controls.
(a) Notwithstanding other provisions of this chapter requiring
appointment of viewers and redetermination of benefits and damages, a drainage authority
may deleted text begin implementdeleted text end new text begin make findings and order the establishment ofnew text end permanent buffer strips of
perennial vegetation deleted text begin approved by the drainage authoritydeleted text end or side inlet controls, or both,
adjacent to a public drainage ditch, where necessary to control erosion and sedimentation,
improve water quality, or maintain the efficiency of the drainage system. new text begin The drainage
authority's finding that the establishment of permanent buffer strips of perennial vegetation
or side inlet controls is necessary to control erosion and sedimentation, improve water
quality, or maintain the efficiency of the drainage system is sufficient to confer jurisdiction
under this subdivision. new text end Preference should be given to planting native species of a local
ecotype. The approved perennial vegetation shall not impede future maintenance of the
ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width measured
outward from the top edge of the existing constructed channel. Drainage system rights-of-way
for the acreage and additional property required for the permanent strips must be acquired
by the authority having jurisdiction.
(b) A project under this subdivision shall be implemented as a repair according to section
103E.705, except that the drainage authority may appoint an engineer to examine the drainage
system and prepare an engineer's repair report for the project.
(c) Damages shall be determined by the drainage authority, or viewers, appointed by
the drainage authority, according to section 103E.315, subdivision 8. A damages statement
shall be prepared, including an explanation of how the damages were determined for each
property affected by the project, and filed with the auditor or watershed district. Within 30
days after the damages statement is filed, the auditor or watershed district shall prepare
property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), (6),
(7), and (8), and mail a copy of the property owner's report and damages statement to each
owner of property affected by the proposed project.
(d) After a damages statement is filed, the drainage authority shall set a time, by order,
not more than 30 days after the date of the order, for a hearing on the project. At least ten
days before the hearing, the auditor or watershed district shall give notice by mail of the
time and location of the hearing to the owners of property and political subdivisions likely
to be affected by the project.
(e) The drainage authority shall make findings and order the repairs to be made if the
drainage authority determines from the evidence presented at the hearing and by the viewers
and engineer, if appointed, that the repairs are necessary for the drainage system and the
costs of the repairs are within the limitations of section 103E.705.
Sec. 5.
Minnesota Statutes 2016, section 103E.071, is amended to read:
103E.071 COUNTY ATTORNEY.
The county attorney shall represent the county in all drainage proceedings and related
matters without special compensationnew text begin , except as provided in section 388.09, subdivision 1new text end .
A county attorney, the county attorney's assistant, or any attorney associated with the county
attorney in business, may not otherwise appear in any drainage proceeding for any interested
person.
Sec. 6.
Minnesota Statutes 2016, section 103E.351, subdivision 1, is amended to read:
Subdivision 1.
Conditions to redetermine benefits and damages; appointment of
viewers.
If the drainage authority determines that the deleted text begin originaldeleted text end benefits or damages new text begin of record
new text end determined in a drainage proceeding do not reflect reasonable present day land values or
that the benefited or damaged areas have changed, or if more than 50 percent of the owners
of propertynew text begin , or more than 50 percent of the owners of propertynew text end benefited or damaged by a
drainage system petition for correction of an error that was made at the time of the
proceedings that established the drainage systemnew text begin or a redetermination of benefits and
damagesnew text end , the drainage authority may appoint three viewers to redetermine and report the
benefits and damages and the benefited and damaged areas.
Sec. 7. new text begin PUBLIC DRAINAGE DITCH BUFFER STRIP; PLANTING AND
MAINTENANCE.
new text end
new text begin With the consent of the property owner where the drainage ditch buffer will be located,
a drainage authority, as defined in Minnesota Statutes, section 103E.005, subdivision 9,
may plant and maintain 16-1/2-foot ditch buffer strips that meet the width and vegetation
requirements of Minnesota Statutes, section 103E.021, before acquiring and compensating
for the buffer strip land rights according to Minnesota Statutes, chapter 103E. Planting and
maintenance costs may be paid in accordance with Minnesota Statutes, chapter 103E. This
section expires June 30, 2019.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
ARTICLE 22
HIGHER EDUCATION
Section 1. new text begin APPROPRIATIONS. |
new text begin The sums shown in the columns marked "Appropriations" are added to the appropriations
in Laws 2017, chapter 89, article 1, unless otherwise specified, to the agencies and for the
purposes specified in this article. The appropriations are from the general fund, or another
named fund, and are available for the fiscal years indicated for each purpose. The figures
"2018" and "2019" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. "The first
year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium" is fiscal
years 2018 and 2019.
new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2018 new text end | new text begin 2019 new text end | |||||
Sec. 2. new text begin MINNESOTA OFFICE OF HIGHER | ||||||
new text begin Subdivision 1.new text endnew text begin Total Appropriation | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 500,000 new text end | ||
new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2.new text endnew text begin State Grants | new text begin -0- new text end | new text begin 300,000 new text end | ||||
new text begin This is a onetime appropriation.
new text end
new text begin Subd. 3.new text endnew text begin Agricultural Educators Loan | new text begin -0- new text end | new text begin 100,000 new text end | ||||
new text begin For transfer to the agricultural education loan
forgiveness account in the special revenue
fund under Minnesota Statutes, section
136A.1794, subdivision 2. This is a onetime
appropriation.
new text end
new text begin Subd. 4.new text endnew text begin Student Loan Debt Counseling | new text begin -0- new text end | new text begin 50,000 new text end | ||||
new text begin For a student loan debt counseling grant under
Minnesota Statutes, section 136A.1705. This
is a onetime appropriation.
new text end
new text begin Subd. 5.new text endnew text begin Teacher Preparation Program Design | new text begin -0- new text end | new text begin 50,000 new text end | ||||
new text begin For a teacher preparation program design grant
under section 43. This is a onetime
appropriation.
new text end
Sec. 3. new text begin BOARD OF TRUSTEES OF THE | ||||||
new text begin Subdivision 1.new text endnew text begin Total Appropriation | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 3,500,000 new text end | ||
new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2.new text endnew text begin Operations and Maintenance | new text begin -0- new text end | new text begin 3,500,000 new text end | ||||
new text begin (a) $500,000 is for renewal of workforce
development scholarships first awarded in
academic year 2018-2019 under Minnesota
Statutes, section 136F.38. This is a onetime
appropriation and is available until June 30,
2020.
new text end
new text begin (b) $3,000,000 is for campus support to be
allocated to campuses according to the fiscal
year 2019 framework. This is a onetime
appropriation.
new text end
Sec. 4.
Minnesota Statutes 2016, section 127A.70, subdivision 2, is amended to read:
Subd. 2.
Powers and duties; report.
(a) The partnership shall develop recommendations
to the governor and the legislature designed to maximize the achievement of all P-20 students
while promoting the efficient use of state resources, thereby helping the state realize the
maximum value for its investment. These recommendations may include, but are not limited
to, strategies, policies, or other actions focused on:
(1) improving the quality of and access to education at all points from preschool through
graduate education;
(2) improving preparation for, and transitions to, postsecondary education and work;
(3) ensuring educator quality by creating rigorous standards for teacher recruitment,
teacher preparation, induction and mentoring of beginning teachers, and continuous
professional development for career teachers; and
(4) realigning the governance and administrative structures of early education,
kindergarten through grade 12, and postsecondary systems in Minnesota.
(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal
Education Data System Governance Committee, the Office of Higher Education and the
Departments of Education and Employment and Economic Development shall improve and
expand the Statewide Longitudinal Education Data System (SLEDS) to provide policymakers,
education and workforce leaders, researchers, and members of the public with data, research,
and reports to:
(1) expand reporting on students' educational outcomes for diverse student populations
including at-risk students, children with disabilities, English learners, and gifted students,
among others, and include formative and summative evaluations based on multiple measures
of new text begin child well-being, early childhood development, and new text end student progress toward career and
college readiness;
(2) evaluate the effectiveness of new text begin (i) investments in young children and families, and (ii)
new text end educational and workforce programs; and
(3) evaluate the relationship between new text begin (i) investments in young children and families,
and (ii) new text end education and workforce outcomes, consistent with section 124D.49.
To the extent possible under federal and state law, research and reports should be
accessible to the public on the Internet, and disaggregated by demographic characteristics,
organization or organization characteristics, and geography.
It is the intent of the legislature that the Statewide Longitudinal Education Data System
inform public policy and decision-making. The SLEDS governance committee, with
assistance from staff of the Office of Higher Education, the Department of Education, and
the Department of Employment and Economic Development, shall respond to legislative
committee and agency requests on topics utilizing data made available through the Statewide
Longitudinal Education Data System as resources permit. Any analysis of or report on the
data must contain only summary data.
(c) By January 15 of each year, the partnership shall submit a report to the governor and
to the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over P-20 education policy and finance that summarizes the partnership's progress
in meeting its goals and identifies the need for any draft legislation when necessary to further
the goals of the partnership to maximize student achievement while promoting efficient use
of resources.
Sec. 5.
Minnesota Statutes 2016, section 135A.15, subdivision 2, is amended to read:
Subd. 2.
Victims' rights.
The policy required under subdivision 1 shall, at a minimum,
require that students and employees be informed of the policy, and shall include provisions
for:
(1) filing criminal charges with local law enforcement officials in sexual assault cases;
(2) the prompt assistance of campus authorities, at the request of the victim, in notifying
the appropriate law enforcement officials and disciplinary authorities of a sexual assault
incident;
(3) allowing sexual assault victims to decide whether to report a case to law enforcement;
(4) requiring campus authorities to treat sexual assault victims with dignity;
(5) requiring campus authorities to offer sexual assault victims fair and respectful health
care, counseling services, or referrals to such services;
(6) preventing campus authorities from suggesting to a victim of sexual assault that the
victim is at fault for the crimes or violations that occurred;
(7) preventing campus authorities from suggesting to a victim of sexual assault that the
victim should have acted in a different manner to avoid such a crime;
(8) subject to subdivision 10, protecting the privacy of sexual assault victims by only
disclosing data collected under this section to the victim, persons whose work assignments
reasonably require access, and, at a sexual assault victim's request, police conducting a
criminal investigation;
(9) an investigation and resolution of a sexual assault complaint by campus disciplinary
authorities;
(10) a sexual assault victim's participation in and the presence of the victim's attorney
or other support person who is not a fact witness to the sexual assault at any meeting with
campus officials concerning the victim's sexual assault complaint or campus disciplinary
proceeding concerning a sexual assault complaint;
(11) ensuring that a sexual assault victim may decide when to repeat a description of
the incident of sexual assault;
(12) notice to a sexual assault victim of the availability of a campus or local program
providing sexual assault advocacy servicesnew text begin and information on legal resourcesnew text end ;
(13) notice to a sexual assault victim of the outcome of any campus disciplinary
proceeding concerning a sexual assault complaint, consistent with laws relating to data
practices;
(14) the complete and prompt assistance of campus authorities, at the direction of law
enforcement authorities, in obtaining, securing, and maintaining evidence in connection
with a sexual assault incident;
(15) the assistance of campus authorities in preserving for a sexual assault complainant
or victim materials relevant to a campus disciplinary proceeding;
(16) during and after the process of investigating a complaint and conducting a campus
disciplinary procedure, the assistance of campus personnel, in cooperation with the
appropriate law enforcement authorities, at a sexual assault victim's request, in shielding
the victim from unwanted contact with the alleged assailant, including transfer of the victim
to alternative classes or to alternative college-owned housing, if alternative classes or housing
are available and feasible;
(17) forbidding retaliation, and establishing a process for investigating complaints of
retaliation, against sexual assault victims by campus authorities, the accused, organizations
affiliated with the accused, other students, and other employees;
(18) at the request of the victim, providing students who reported sexual assaults to the
institution and subsequently choose to transfer to another postsecondary institution with
information about resources for victims of sexual assault at the institution to which the
victim is transferring; and
(19) consistent with laws governing access to student records, providing a student who
reported an incident of sexual assault with access to the student's description of the incident
as it was reported to the institution, including if that student transfers to another postsecondary
institution.
Sec. 6.
Minnesota Statutes 2016, section 135A.15, subdivision 6, is amended to read:
Subd. 6.
Data collection and reporting.
(a) Postsecondary institutions must annually
report statistics on sexual assault. This report must be prepared in addition to any federally
required reporting on campus security, including reports required by the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act, United States
Code, title 20, section 1092(f). The report must include, but not be limited to, the number
of incidents of sexual assault reported to the institution in the previous calendar year, as
follows:
(1) the number that were investigated by the institution;
(2) the number that were referred for a disciplinary proceeding at the institution;
(3) the number the victim chose to report to local or state law enforcement;
(4) the number for which a campus disciplinary proceeding is pending, but has not
reached a final resolution;
(5) the number in which the alleged perpetrator was found responsible by the disciplinary
proceeding at the institution;
(6) the number that resulted in any action by the institution greater than a warning issued
to the accused;
(7) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution;
(8) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution because the accused withdrew from the institution;
(9) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution because the victim chose not to participate in the procedure; and
(10) the number of reports made through the online reporting system established in
subdivision 5, excluding reports submitted anonymously.
(b) If an institution previously submitted a report indicating that one or more disciplinary
proceedings was pending, but had not reached a final resolution, and one or more of those
disciplinary proceedings reached a final resolution within the previous calendar year, that
institution must submit updated totals from the previous year that reflect the outcome of
the pending case or cases.
(c) The reports required by this subdivision must be submitted to the Office of Higher
Education by October 1 of each year. Each report must contain the data required under
paragraphs (a) and (b) from the previous calendar year.
(d) The commissioner of the Office of Higher Education shall calculate statewide numbers
for each data item reported by an institution under this subdivision. The statewide numbers
must include data from postsecondary institutions that the commissioner could not publish
due to federal laws governing access to student records.
(e) The Office of Higher Education shall publish on its Web site:
(1) the statewide data calculated under paragraph (d); and
(2) the data items required under paragraphs (a) and (b) for each postsecondary institution
in the state.
Each postsecondary institution shall publish on the institution's Web site the data items
required under paragraphs (a) and (b) for that institution.
(f) Reports and data required under this subdivision must be prepared and published as
summary data, as defined in section 13.02, subdivision 19, and must be consistent with
applicable law governing access to educational data. If an institution or the Office of Higher
Education does not publish data because of applicable law, the publication must explain
why data are not included.
new text begin (g) By October 1 of each year, the Board of Regents of the University of Minnesota
must submit a report to the chairs and ranking minority members of the legislative committees
with jurisdiction over higher education policy and finance. In addition to the data on sexual
assault incidents described in paragraph (a), the report must include equivalent data on
incidents of sexual harassment, as defined in the board's policy on sexual harassment. The
report is subject to the requirements of paragraph (f).
new text end
Sec. 7.
Minnesota Statutes 2017 Supplement, section 136A.1275, subdivision 2, is amended
to read:
Subd. 2.
Eligibility.
To be eligible for a grant under this section, a teacher candidate
must:
(1) be enrolled in a Professional Educator Licensing and Standards Board-approved
teacher preparation program that requires at least 12 weeks of student teaching in order to
be recommended for a full professional teaching license;
(2) demonstrate financial need based on criteria established by the commissioner under
subdivision 3;
(3) deleted text begin intend to teach in a shortage area or belong to an underrepresented racial or ethnic
groupdeleted text end new text begin be meeting satisfactory academic progress as defined under section 136A.101,
subdivision 10new text end ; and
(4) deleted text begin be meeting satisfactory academic progress as defined under section 136A.101,
subdivision 10.deleted text end new text begin intend to teach in a shortage area or belong to an underrepresented racial
or ethnic group. Intent can be documented based on the teacher license field the student is
pursuing or a statement of intent to teach in an economic development region defined as a
shortage area in the year the student receives a grant.
new text end
Sec. 8.
Minnesota Statutes 2017 Supplement, section 136A.1275, subdivision 3, is amended
to read:
Subd. 3.
Administration; repayment.
(a) The commissioner must establish an
application process and other guidelines for implementing this programdeleted text begin , including repayment
responsibilities for stipend recipients who do not complete student teaching or who leave
Minnesota to teach in another state during the first year after student teachingdeleted text end .
(b) The commissioner must determine each academic year the stipend amount up to
$7,500 based on the amount of available funding, the number of eligible applicants, and the
financial need of the applicants.
(c) The percentage of the total award new text begin funds available at the beginning of the fiscal year
new text end reserved for teacher candidates who identify as belonging to deleted text begin an underrepresenteddeleted text end new text begin anew text end racial
or ethnic group new text begin underrepresented in the Minnesota teacher workforce new text end must be equal to or
greater than the total percentage of students of deleted text begin underrepresenteddeleted text end racial or ethnic groups
new text begin underrepresented in the Minnesota teacher workforce new text end as measured under section 120B.35,
subdivision 3. If this percentage cannot be met because of a lack of qualifying candidates,
the remaining amount may be awarded to teacher candidates who intend to teach in a shortage
area.
Sec. 9.
Minnesota Statutes 2016, section 136A.15, subdivision 8, is amended to read:
Subd. 8.
Eligible student.
"Eligible student" means a student who is officially registered
or accepted for enrollment at an eligible institution in Minnesota or a Minnesota resident
who is officially registered as a student or accepted for enrollment at an eligible institution
in another state deleted text begin or provincedeleted text end .new text begin Non-Minnesota residents are eligible students if they are enrolled
or accepted for enrollment in a minimum of one course of at least 30 days in length during
the academic year that requires physical attendance at an eligible institution located in
Minnesota. Non-Minnesota resident students enrolled exclusively during the academic year
in correspondence courses or courses offered over the Internet are not eligible students.
Non-Minnesota resident students not physically attending classes in Minnesota due to
enrollment in a study abroad program for 12 months or less are eligible students.
Non-Minnesota residents enrolled in study abroad programs exceeding 12 months are not
eligible students.new text end An eligible student, for section 136A.1701, means a student who gives
informed consent authorizing the disclosure of data specified in section 136A.162, paragraph
(c), to a consumer credit reporting agency.
Sec. 10.
Minnesota Statutes 2016, section 136A.16, subdivision 1, is amended to read:
Subdivision 1.
Designation.
Notwithstanding chapter 16C, the office is designated as
the administrative agency for carrying out the purposes and terms of sections 136A.15 to
deleted text begin 136A.1702deleted text end new text begin 136A.1704new text end . The office may establish one or more loan programs.
Sec. 11.
Minnesota Statutes 2016, section 136A.16, subdivision 2, is amended to read:
Subd. 2.
Rulesnew text begin , policies, and conditionsnew text end .
The office shall adopt policies and new text begin may
new text end prescribe appropriate rules new text begin and conditions new text end to carry out the purposes of sections 136A.15 to
136A.1702. deleted text begin The policies and rules except as they relate to loans under section 136A.1701
must be compatible with the provisions of the National Vocational Student Loan Insurance
Act of 1965 and the provisions of title IV of the Higher Education Act of 1965, and any
amendments thereof.
deleted text end
Sec. 12.
Minnesota Statutes 2016, section 136A.16, subdivision 5, is amended to read:
Sec. 13.
Minnesota Statutes 2016, section 136A.16, subdivision 8, is amended to read:
Subd. 8.
Investment.
Money made available to the office that is not immediately needed
for the purposes of sections 136A.15 to deleted text begin 136A.1702deleted text end new text begin 136A.1704new text end may be invested by the
office. The money must be invested in bonds, certificates of indebtedness, and other fixed
income securities, except preferred stocks, which are legal investments for the permanent
school fund. The money may also be invested in prime quality commercial paper that is
eligible for investment in the state employees retirement fund. All interest and profits from
such investments inure to the benefit of the office or may be pledged for security of bonds
issued by the office or its predecessors.
Sec. 14.
Minnesota Statutes 2016, section 136A.16, subdivision 9, is amended to read:
Sec. 15.
Minnesota Statutes 2016, section 136A.162, is amended to read:
136A.162 CLASSIFICATION OF DATA.
(a) Except as provided in paragraphs (b) and (c), data on applicants for financial assistance
collected and used by the office for student financial aid programs administered by that
office are private data on individuals as defined in section 13.02, subdivision 12.
(b) Data on applicants may be disclosed to the commissioner of human services to the
extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5).
(c) The following data collected in the Minnesota supplemental loan program under
deleted text begin sectiondeleted text end new text begin sectionsnew text end 136A.1701 new text begin and 136A.1704 new text end may be disclosed to a consumer credit reporting
agency only if the borrower and the cosigner give informed consent, according to section
13.05, subdivision 4, at the time of application for a loan:
(1) the lender-assigned borrower identification number;
(2) the name and address of borrower;
(3) the name and address of cosigner;
(4) the date the account is opened;
(5) the outstanding account balance;
(6) the dollar amount past due;
(7) the number of payments past due;
(8) the number of late payments in previous 12 months;
(9) the type of account;
(10) the responsibility for the account; and
(11) the status or remarks code.
Sec. 16.
Minnesota Statutes 2016, section 136A.1701, subdivision 7, is amended to read:
Subd. 7.
Repayment of loans.
deleted text begin (a)deleted text end The office shall establish repayment procedures for
loans made under this sectiondeleted text begin , but in no event shall the period of permitted repayment for
SELF II or SELF III loans exceed ten years from the eligible student's termination of the
student's postsecondary academic or vocational program, or 15 years from the date of the
student's first loan under this section, whichever is less.deleted text end new text begin in accordance with the policies,
rules, and conditions authorized under section 136A.16, subdivision 2. The office will take
into consideration the loan limits and current financial market conditions when establishing
repayment terms.
new text end
deleted text begin (b) For SELF IV loans, eligible students with aggregate principal loan balances from
all SELF phases that are less than $18,750 shall have a repayment period not exceeding ten
years from the eligible student's graduation or termination date. For SELF IV loans, eligible
students with aggregate principal loan balances from all SELF phases of $18,750 or greater
shall have a repayment period not exceeding 15 years from the eligible student's graduation
or termination date. For SELF IV loans, the loans shall enter repayment no later than seven
years after the first disbursement date on the loan.
deleted text end
deleted text begin (c) For SELF loans from phases after SELF IV, eligible students with aggregate principal
loan balances from all SELF phases that are:
deleted text end
deleted text begin (1) less than $20,000, must have a repayment period not exceeding ten years from the
eligible student's graduation or termination date;
deleted text end
deleted text begin (2) $20,000 up to $40,000, must have a repayment period not exceeding 15 years from
the eligible student's graduation or termination date; and
deleted text end
deleted text begin (3) $40,000 or greater, must have a repayment period not exceeding 20 years from the
eligible student's graduation or termination date. For SELF loans from phases after SELF
IV, the loans must enter repayment no later than nine years after the first disbursement date
of the loan.
deleted text end
Sec. 17.
Minnesota Statutes 2016, section 136A.1702, is amended to read:
136A.1702 LEGISLATIVE OVERSIGHT.
new text begin (a) new text end The office shall notify the chairs of the legislative committees with primary
jurisdiction over higher education finance of any proposed material change to any of its
student loan programs, including loan refinancing under section 136A.1704, prior to making
the change.
new text begin (b) By December 1 of each year, the commissioner shall submit a report to the chairs
and ranking minority members of the senate and house of representatives committees having
jurisdiction over the Office of Higher Education regarding the balance of the following
accounts in the special revenue fund:
new text end
new text begin (1) the aviation degree loan forgiveness program account established by section
136A.1789, subdivision 2;
new text end
new text begin (2) the teacher shortage loan forgiveness repayment account established by section
136A.1791, subdivision 8;
new text end
new text begin (3) the agricultural education loan forgiveness account established by section 136A.1794,
subdivision 2; and
new text end
new text begin (4) the large animal veterinarian loan forgiveness program account established by section
136A.1795, subdivision 2.
new text end
Sec. 18.
new text begin [136A.1705] STUDENT LOAN DEBT COUNSELING.
new text end
new text begin Subdivision 1.new text end
new text begin Grant.new text end
new text begin (a) A program is established under the Office of Higher Education
to provide a grant to a Minnesota-based nonprofit qualified debt counseling organization
to provide individual student loan debt repayment counseling to borrowers who are Minnesota
residents concerning loans obtained to attend a postsecondary institution. The number of
individuals receiving counseling may be limited to those capable of being served with
available appropriations for that purpose. A goal of the counseling program is to provide
two counseling sessions to at least 75 percent of borrowers receiving counseling.
new text end
new text begin (b) The purpose of the counseling is to assist borrowers to:
new text end
new text begin (1) understand their loan and repayment options;
new text end
new text begin (2) manage loan repayment; and
new text end
new text begin (3) develop a workable budget based on the borrower's full financial situation regarding
income, expenses, and other debt.
new text end
new text begin Subd. 2.new text end
new text begin Qualified debt counseling organization.new text end
new text begin A qualified debt counseling
organization is an organization that:
new text end
new text begin (1) has experience in providing individualized student loan counseling;
new text end
new text begin (2) employs certified financial loan counselors; and
new text end
new text begin (3) is based in Minnesota and has offices at multiple rural and metropolitan area locations
in the state to provide in-person counseling.
new text end
new text begin Subd. 3.new text end
new text begin Grant application and award.new text end
new text begin (a) Applications for a grant shall be on a form
created by the commissioner and on a schedule set by the commissioner. Among other
provisions, the application must include a description of:
new text end
new text begin (1) the characteristics of borrowers to be served;
new text end
new text begin (2) the services to be provided and a timeline for implementation of the services;
new text end
new text begin (3) how the services provided will help borrowers manage loan repayment;
new text end
new text begin (4) specific program outcome goals and performance measures for each goal; and
new text end
new text begin (5) how the services will be evaluated to determine whether the program goals were
met.
new text end
new text begin (b) The commissioner shall select one grant recipient for a two-year award every two
years. A grant may be renewed biennially.
new text end
new text begin Subd. 4.new text end
new text begin Program evaluation.new text end
new text begin (a) The grant recipient must submit a report to the
commissioner by January 15 of the second year of the grant award. The report must evaluate
and measure the extent to which program outcome goals have been met.
new text end
new text begin (b) The grant recipient must collect, analyze, and report on participation and outcome
data that enable the office to verify the outcomes.
new text end
new text begin (c) The evaluation must include information on the number of borrowers served with
on-time student loan payments, the numbers who brought their loans into good standing,
the number of student loan defaults, the number who developed a monthly budget plan, and
other information required by the commissioner. Recipients of the counseling must be
surveyed on their opinions about the usefulness of the counseling and the survey results
must be included in the report.
new text end
new text begin Subd. 5.new text end
new text begin Report to legislature.new text end
new text begin By February 1 of the second year of each grant award,
the commissioner must submit a report to the committees in the legislature with jurisdiction
over higher education finance regarding grant program outcomes.
new text end
Sec. 19.
Minnesota Statutes 2017 Supplement, section 136A.1789, subdivision 2, is
amended to read:
Subd. 2.
Creation of account.
(a) An aviation degree loan forgiveness program account
is establishednew text begin in the special revenue fundnew text end to provide qualified pilots and qualified aircraft
technicians with financial assistance in repaying qualified education loans. The commissioner
must use money from the account to establish and administer the aviation degree loan
forgiveness program.
(b) deleted text begin Appropriations made todeleted text end new text begin Money innew text end the aviation degree loan forgiveness program
account deleted text begin dodeleted text end new text begin is appropriated to the commissioner for purposes of this section, does not cancel,
and isnew text end deleted text begin not cancel and aredeleted text end available until expended.
Sec. 20.
Minnesota Statutes 2016, section 136A.1791, subdivision 8, is amended to read:
Subd. 8.
deleted text begin Funddeleted text end new text begin Accountnew text end established.
A teacher shortage loan forgiveness repayment
deleted text begin funddeleted text end new text begin accountnew text end is creatednew text begin in the special revenue fundnew text end for depositing money appropriated to
or received by the commissioner for the program. Money deposited in the deleted text begin fund shall notdeleted text end new text begin
account is appropriated to the commissioner, does not cancel,new text end deleted text begin revert to any state fund at the
end of any fiscal year but remains in the loan forgiveness repayment funddeleted text end and is continuously
available for loan forgiveness under this section.
Sec. 21.
Minnesota Statutes 2016, section 136A.1795, subdivision 2, is amended to read:
Subd. 2.
Establishment; administration.
(a) The commissioner shall establish and
administer a loan forgiveness program for large animal veterinarians who:
(1) agree to practice in designated rural areas that are considered underserved; and
(2) work full time in a practice that is at least 50 percent involved with the care of food
animals.
(b)new text begin A large animal veterinarian loan forgiveness program account is established in the
special revenue fund. Money in the account is appropriated to the commissioner to establish
and administer the program under this section. Appropriations to the commissioner for the
program are for transfer to the account.new text end Appropriations deleted text begin made to the programdeleted text end new text begin from the accountnew text end
do not cancel and are available until expended.
Sec. 22.
Minnesota Statutes 2016, section 136A.64, subdivision 1, is amended to read:
Subdivision 1.
Schools to provide information.
As a basis for registration, schools
shall provide the office with such information as the office needs to determine the nature
and activities of the school, including but not limited to the following which shall be
accompanied by an affidavit attesting to its accuracy and truthfulness:
(1) articles of incorporation, constitution, bylaws, or other operating documents;
(2) a duly adopted statement of the school's mission and goals;
(3) evidence of current school or program licenses granted by departments or agencies
of any state;
(4) a fiscal balance sheet on an accrual basis, or a certified audit of the immediate past
fiscal year including any management letters provided by the independent auditor or, if the
school is a public institution outside Minnesota, an income statement for the immediate past
fiscal year;
(5) all current promotional and recruitment materials and advertisements; and
(6) the current school catalog and, if not contained in the catalog:
(i) the members of the board of trustees or directors, if any;
(ii) the current institutional officers;
(iii) current full-time and part-time faculty with degrees held or applicable experience;
(iv) a description of all school facilities;
(v) a description of all current course offerings;
(vi) all requirements for satisfactory completion of courses, programs, and degrees;
(vii) the school's policy about freedom or limitation of expression and inquiry;
(viii) a current schedule of fees, charges for tuition, required supplies, student activities,
housing, and all other standard charges;
(ix) the school's policy about refunds and adjustments;
(x) the school's policy about granting credit for prior education, training, and experience;
deleted text begin and
deleted text end
(xi) the school's policies about student admission, evaluation, suspension, and dismissaldeleted text begin .deleted text end new text begin ;
and
new text end
new text begin (xii) the school's disclosure to students on the student complaint process under section
136A.672.
new text end
Sec. 23.
Minnesota Statutes 2017 Supplement, section 136A.646, is amended to read:
136A.646 ADDITIONAL SECURITY.
(a) New schools that have been granted conditional approval for degrees or names to
allow them the opportunity to apply for and receive accreditation under section 136A.65,
subdivision 7, deleted text begin ordeleted text end new text begin shall provide a surety bond in a sum equal to ten percent of the net revenue
from tuition and fees in the registered institution's prior fiscal year, but in no case shall the
bond be less than $10,000.
new text end
new text begin (b)new text end Any registered institution that is notified by the United States Department of Education
that it has fallen below minimum financial standards and that its continued participation in
Title IV will be conditioned upon its satisfying either the Zone Alternative, Code of Federal
Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit Alternative, Code
of Federal Regulations, title 34, section 668.175, paragraph (c), shall provide a surety bond
in a sum equal to the "letter of credit" required by the United States Department of Education
in the Letter of Credit Alternative, but in no event shall such bond be less than $10,000 nor
more than $250,000.new text begin In the event the letter of credit required by the United States Department
of Education is higher than ten percent of the Title IV, Higher Education Act program funds
received by the institution during its most recently completed fiscal year, the office shall
reduce the office's surety requirement to represent ten percent of the Title IV, Higher
Education Act program funds received by the institution during its most recently completed
fiscal year, subject to the minimum and maximum in this paragraph.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end In lieu of a bond, the applicant may deposit with the commissioner of management
and budget:
(1) a sum equal to the amount of the required surety bond in cash;
(2) securities, as may be legally purchased by savings banks or for trust funds, in an
aggregate market value equal to the amount of the required surety bond; or
(3) an irrevocable letter of credit issued by a financial institution to the amount of the
required surety bond.
deleted text begin (c)deleted text end new text begin (d)new text end The surety of any bond may cancel it upon giving 60 days' notice in writing to
the office and shall be relieved of liability for any breach of condition occurring after the
effective date of cancellation.
deleted text begin (d)deleted text end new text begin (e)new text end In the event of a school closure, the additional security must first be used to
destroy any private educational data under section 13.32 left at a physical campus in
Minnesota after all other governmental agencies have recovered or retrieved records under
their record retention policies. Any remaining funds must then be used to reimburse tuition
and fee costs to students that were enrolled at the time of the closure or had withdrawn in
the previous 120 calendar days but did not graduate. Priority for refunds will be given to
students in the following order:
(1) cash payments made by the student or on behalf of a student;
(2) private student loans; and
(3) Veteran Administration education benefits that are not restored by the Veteran
Administration. If there are additional security funds remaining, the additional security
funds may be used to cover any administrative costs incurred by the office related to the
closure of the school.
Sec. 24.
Minnesota Statutes 2017 Supplement, section 136A.672, is amended by adding
a subdivision to read:
new text begin Subd. 6.new text end
new text begin Disclosure.new text end
new text begin Schools must disclose on their Web site, student handbook, and
student catalog the student complaint process under this section to students.
new text end
Sec. 25.
Minnesota Statutes 2017 Supplement, section 136A.822, subdivision 6, is amended
to read:
Subd. 6.
Bond.
(a) No license shall be issued to any private career school which
maintains, conducts, solicits for, or advertises within the state of Minnesota any program,
unless the applicant files with the office a continuous corporate surety bond written by a
company authorized to do business in Minnesota conditioned upon the faithful performance
of all contracts and agreements with students made by the applicant.
(b)(1) The amount of the surety bond shall be ten percent of the preceding year's net
deleted text begin incomedeleted text end new text begin revenuenew text end from student tuition, fees, and other required institutional charges collected,
but in no event less than $10,000, except that a private career school may deposit a greater
amount at its own discretion. A private career school in each annual application for licensure
must compute the amount of the surety bond and verify that the amount of the surety bond
complies with this subdivision. A private career school that operates at two or more locations
may combine net deleted text begin incomedeleted text end new text begin revenuenew text end from student tuition, fees, and other required institutional
charges collected for all locations for the purpose of determining the annual surety bond
requirement. The net new text begin revenue from new text end tuition and fees used to determine the amount of the
surety bond required for a private career school having a license for the sole purpose of
recruiting students in Minnesota shall be only that paid to the private career school by the
students recruited from Minnesota.
(2) A person required to obtain a private career school license due to the use of
"academy," "institute," "college," or "university" in its name and which is also licensed by
another state agency or board, except not including those schools licensed exclusively in
order to participate in state grants or SELF loan financial aid programs, shall be required
to provide a school bond of $10,000.
(c) The bond shall run to the state of Minnesota and to any person who may have a cause
of action against the applicant arising at any time after the bond is filed and before it is
canceled for breach of any contract or agreement made by the applicant with any student.
The aggregate liability of the surety for all breaches of the conditions of the bond shall not
exceed the principal sum deposited by the private career school under paragraph (b). The
surety of any bond may cancel it upon giving 60 days' notice in writing to the office and
shall be relieved of liability for any breach of condition occurring after the effective date
of cancellation.
(d) In lieu of bond, the applicant may deposit with the commissioner of management
and budget a sum equal to the amount of the required surety bond in cash, an irrevocable
letter of credit issued by a financial institution equal to the amount of the required surety
bond, or securities as may be legally purchased by savings banks or for trust funds in an
aggregate market value equal to the amount of the required surety bond.
(e) Failure of a private career school to post and maintain the required surety bond or
deposit under paragraph (d) may result in denial, suspension, or revocation of the school's
license.
Sec. 26.
Minnesota Statutes 2016, section 136A.822, subdivision 10, is amended to read:
Subd. 10.
Catalog, brochure, or electronic display.
Before a license is issued to a
private career school, the private career school shall furnish to the office a catalog, brochure,
or electronic display including:
(1) identifying data, such as volume number and date of publication;
(2) name and address of the private career school and its governing body and officials;
(3) a calendar of the private career school showing legal holidays, beginning and ending
dates of each course quarter, term, or semester, and other important dates;
(4) the private career school policy and regulations on enrollment including dates and
specific entrance requirements for each program;
(5) the private career school policy and regulations about leave, absences, class cuts,
make-up work, tardiness, and interruptions for unsatisfactory attendance;
(6) the private career school policy and regulations about standards of progress for the
student including the grading system of the private career school, the minimum grades
considered satisfactory, conditions for interruption for unsatisfactory grades or progress, a
description of any probationary period allowed by the private career school, and conditions
of reentrance for those dismissed for unsatisfactory progress;
(7) the private career school policy and regulations about student conduct and conditions
for dismissal for unsatisfactory conduct;
(8) a detailed schedule of fees, charges for tuition, books, supplies, tools, student
activities, laboratory fees, service charges, rentals, deposits, and all other charges;
(9) the private career school policy and regulations, including an explanation of section
136A.827, about refunding tuition, fees, and other charges if the student does not enter the
program, withdraws from the program, or the program is discontinued;
(10) a description of the available facilities and equipment;
(11) a course outline syllabus for each course offered showing course objectives, subjects
or units in the course, type of work or skill to be learned, and approximate time, hours, or
credits to be spent on each subject or unit;
(12) the private career school policy and regulations about granting credit for previous
education and preparation;
(13) a notice to students relating to the transferability of any credits earned at the private
career school to other institutions;
(14) a procedure for investigating and resolving student complaints; deleted text begin and
deleted text end
(15) the name and address of the officedeleted text begin .deleted text end new text begin ; and
new text end
new text begin (16) the student complaint process and rights under section 136A.8295.
new text end
A private career school that is exclusively a distance education school is exempt from
clauses (3) and (5).
Sec. 27.
Minnesota Statutes 2017 Supplement, section 136A.8295, is amended by adding
a subdivision to read:
new text begin Subd. 6.new text end
new text begin Disclosure.new text end
new text begin Schools must disclose on their Web site, student handbook, and
student catalog the student complaint process under this section to students.
new text end
Sec. 28.
Minnesota Statutes 2016, section 136A.901, subdivision 1, is amended to read:
Subdivision 1.
Grant program.
new text begin (a) new text end The commissioner shall establish a grant program
to award grants to institutions in Minnesota for research into spinal cord injuries and traumatic
brain injuries. Grants shall be awarded to conduct research into new and innovative treatments
and rehabilitative efforts for the functional improvement of people with spinal cord and
traumatic brain injuries. Research topics may include, but are not limited to, pharmaceutical,
medical device, brain stimulus, and rehabilitative approaches and techniques. The
commissioner, in consultation with the advisory council established under section 136A.902,
shall award 50 percent of the grant funds for research involving spinal cord injuries and 50
percent to research involving traumatic brain injuries. In addition to the amounts appropriated
by law, the commissioner may accept additional funds from private and public sources.
Amounts received from these sources are appropriated to the commissioner for the purposes
of issuing grants under this section.
new text begin (b) A spinal cord and traumatic brain injury grant account is established in the special
revenue fund. Money in the account is appropriated to the commissioner to make grants
and to administer the grant program under this section. Appropriations to the commissioner
for the program are for transfer to the account. Appropriations from the account do not
cancel and are available until expended.
new text end
Sec. 29.
Minnesota Statutes 2016, section 137.0245, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
A Regent Candidate Advisory Council is established new text begin in
the legislative branch new text end to assist in determining criteria fordeleted text begin , and identifying and recruitingdeleted text end new text begin
membership on the Board of Regents, to identify and recruitnew text end qualified new text begin regent new text end candidates deleted text begin for
membership on the Board of Regentsdeleted text end new text begin ,new text end and deleted text begin makingdeleted text end new text begin to makenew text end recommendations to the joint
legislative committee described in section 137.0246, subdivision 2.
Sec. 30.
Minnesota Statutes 2016, section 137.0245, subdivision 2, is amended to read:
Subd. 2.
Membership.
The Regent Candidate Advisory Council shall consist of 24
members. Twelve members shall be appointed by the Subcommittee on Committees of the
Committee on Rules and Administration of the senate. Twelve members shall be appointed
by the speaker of the house. Each appointing authority must appoint one member who is a
student enrolled in a degree program at the University of Minnesota at the time of
appointment. No more than one-third of the members appointed by each appointing authority
may be current or former legislators. No more than two-thirds of the members appointed
by each appointing authority may belong to the same political party; however, political
activity or affiliation is not required for the appointment of any member. deleted text begin Geographical
representation must be taken into consideration when making appointments.deleted text end new text begin Each appointing
authority must appoint at least one but no more than three members from each congressional
district. The member must reside in the congressional district he or she represents at the
time of appointment.new text end Section 15.0575 shall govern the advisory council, except that:
(1) the members shall be appointed to six-year terms with one-third appointed each
even-numbered year; and
(2) student members are appointed to two-year terms with two students appointed each
even-numbered year.
A member may not serve more than two full terms.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective for appointments made on or after July
1, 2018.
new text end
Sec. 31.
Minnesota Statutes 2016, section 137.0245, subdivision 4, is amended to read:
Subd. 4.
Recommendations.
(a) The advisory council shall recommend at least two and
not more than four candidates. By January 15 of each odd-numbered year, the advisory
council shall submit its recommendations to the joint legislative committee described in
section 137.0246, subdivision 2.
(b) deleted text begin The advisory councildeleted text end new text begin At the same time the advisory council submits its
recommendations, the councilnew text end must submit a report to the joint committee deleted text begin ondeleted text end new text begin which includes:
(1)new text end the needs criterion identified under subdivision 3, paragraph (c)deleted text begin , at the same time it
submits its recommendationsdeleted text end new text begin ; (2) a detailed description of all methods and tools used to
screen each candidate; and (3) the name of the member or staff person who screened each
candidatenew text end .
Sec. 32.
Minnesota Statutes 2016, section 137.0245, subdivision 5, is amended to read:
Subd. 5.
Support services.
new text begin The Legislative Coordinating Commission shall collect
application materials from regent candidates, perform background checks on regent
candidates at the direction of the chairs and ranking minority members of the legislative
committees with jurisdiction over higher education policy and finance, and forward all
materials to the advisory council. new text end The Legislative Coordinating Commission shall provide
administrative and support services for the advisory council.
Sec. 33.
Minnesota Statutes 2017 Supplement, section 298.2215, is amended to read:
298.2215 COUNTY SCHOLARSHIP deleted text begin PROGRAMdeleted text end new text begin ENDOWMENT ACCOUNTnew text end .
Subdivision 1.
deleted text begin Establishmentdeleted text end new text begin Account establishednew text end .
A county new text begin board of commissioners
new text end may establish deleted text begin a scholarship fund fromdeleted text end new text begin an endowment account and may deposit into the
accountnew text end any unencumbered revenue received pursuant to section 298.018, 298.28, 298.39,
298.396, or 298.405 or any law imposing a tax upon severed mineral values. deleted text begin Scholarships
must be used at a two-year Minnesota State Colleges and Universities institution within the
county. The county shall establish procedures for applying for and distributing the
scholarshipsdeleted text end new text begin The county board may deposit into the account private contributions, gifts, or
grants. Any interest or profit accruing from the investment of these sums is credited to the
accountnew text end .
new text begin Subd. 1a.new text end
new text begin Use of funds.new text end
new text begin Income derived from the investment of the principal in the
account must be used to provide scholarships to eligible applicants. Scholarships must be
used at a two-year Minnesota State Colleges and Universities institution within the county.
The county board shall establish procedures for applying for and distributing the scholarships.
new text end
Subd. 2.
Eligibility.
An applicant for a scholarship under this section must be a resident
of the county at the time of the applicant's high school graduation. The county new text begin board new text end may
establish additional eligibility criteria.
new text begin Subd. 3.new text end
new text begin Investment.new text end
new text begin The county board may:
new text end
new text begin (1) deposit part or all of the endowment account funds as provided in chapter 118A; or
new text end
new text begin (2) enter into an agreement with the State Board of Investment to invest all or part of
the endowment account funds in investments under section 11A.24, on behalf of the county.
new text end
new text begin Subd. 4.new text end
new text begin Audits.new text end
new text begin The account is subject to audit by the state auditor.
new text end
Sec. 34.
Laws 2017, chapter 89, article 1, section 2, subdivision 18, is amended to read:
Subd. 18.MNSCU Two-Year Public College | deleted text begin 3,481,000 deleted text end new text begin 2,481,000 new text end | -0- | ||||
(a) deleted text begin $2,780,000deleted text end new text begin $1,780,000new text end in fiscal year 2018
is for two-year public college program grants
under Laws 2015, chapter 69, article 3, section
20.
(b) $545,000 in fiscal year 2018 is to provide
mentoring and outreach as specified under
Laws 2015, chapter 69, article 3, section 20.
(c) $156,000 in fiscal year 2018 is for
information technology and administrative
costs associated with implementation of the
grant program.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 30, 2018.
new text end
Sec. 35.
Laws 2017, chapter 89, article 1, section 2, subdivision 20, is amended to read:
Subd. 20.Spinal Cord Injury and Traumatic | 3,000,000 | 3,000,000 | ||||
deleted text begin For spinal cord injury and traumatic brain
injury research grants authorized under
Minnesota Statutes, section 136A.901.
deleted text end
new text begin For transfer to the spinal cord and traumatic
brain injury grant account in the special
revenue fund under Minnesota Statutes,
section 136A.901, subdivision 1.
new text end
The commissioner may use no more than three
percent of deleted text begin this appropriationdeleted text end new text begin the amount
transferred under this subdivisionnew text end to administer
the grant program deleted text begin under this subdivisiondeleted text end .
Sec. 36.
Laws 2017, chapter 89, article 1, section 2, subdivision 29, is amended to read:
Subd. 29.Emergency Assistance for | 175,000 | 175,000 | ||||
(a) This appropriation is for the Office of
Higher Education to allocate grant funds on a
matching basis to deleted text begin schoolsdeleted text end new text begin eligible institutions
as defined under Minnesota Statutes, section
136A.103, located in Minnesotanew text end with a
demonstrable homeless student population.
(b) This appropriation shall be used to meet
immediate student needs that could result in
a student not completing the term or their
program including, but not limited to,
emergency housing, food, and transportation.
Emergency assistance does not impact the
amount of state financial aid received.
(c) The commissioner shall determine the
application process and the grant amounts.
Any balance in the first year does not cancel
but shall be available in the second year. The
Office of Higher Education shall partner with
interested postsecondary institutions, other
state agencies, and student groups to establish
the programs.
Sec. 37.
Laws 2017, chapter 89, article 1, section 2, subdivision 31, is amended to read:
Subd. 31.Teacher Shortage Loan Forgiveness | 200,000 | 200,000 | ||||
Fornew text begin transfer tonew text end thenew text begin teacher shortagenew text end loan
forgiveness deleted text begin programdeleted text end new text begin repayment account in the
special revenue fundnew text end under Minnesota
Statutes, section 136A.1791new text begin , subdivision 8new text end .
The commissioner may use no more than three
percent of deleted text begin this appropriationdeleted text end new text begin the amount
transferred under this subdivisionnew text end to administer
the program deleted text begin under this subdivisiondeleted text end .
Sec. 38.
Laws 2017, chapter 89, article 1, section 2, subdivision 32, is amended to read:
Subd. 32.Large Animal Veterinarian Loan | 375,000 | 375,000 | ||||
For new text begin transfer to new text end the large animal veterinarian
loan forgiveness program new text begin account in the
special revenue fund new text end under Minnesota
Statutes, section 136A.1795new text begin , subdivision 2new text end .
Sec. 39.
Laws 2017, chapter 89, article 1, section 2, subdivision 33, is amended to read:
Subd. 33.Agricultural Educators Loan | 50,000 | 50,000 | ||||
For deleted text begin deposit indeleted text end new text begin transfer tonew text end the agricultural
education loan forgiveness accountnew text begin in the
special revenue fund under Minnesota
Statutes, section 136A.1794, subdivision 2new text end .
Sec. 40.
Laws 2017, chapter 89, article 1, section 2, subdivision 34, is amended to read:
Subd. 34.Aviation Degree Loan Forgiveness | 25,000 | 25,000 | ||||
For new text begin transfer to new text end the aviation degree loan
forgiveness program new text begin account in the special
revenue fund new text end under Minnesota Statutes,
section 136A.1789new text begin , subdivision 2new text end .
Sec. 41.
Laws 2017, chapter 89, article 1, section 2, subdivision 40, is amended to read:
Subd. 40.Transfers | ||||||
The commissioner of the Office of Higher
Education may transfer unencumbered
balances from the appropriations in this
section to the state grant appropriation, the
interstate tuition reciprocity appropriation, the
child care grant appropriation, the Indian
scholarship appropriation, new text begin intervention for
college attendance program grants
appropriation, summer academic enrichment
program appropriation, student-parent
information appropriation, new text end the state
work-study appropriation, the get ready
appropriation, and the public safety officers'
survivors appropriation. Transfers from the
child care or state work-study appropriations
may only be made to the extent there is a
projected surplus in the appropriation. A
transfer may be made only with prior written
notice to the chairs and ranking minority
members of the senate and house of
representatives committees with jurisdiction
over higher education finance.
Sec. 42. new text begin AFFORDABLE TEXTBOOK PLAN AND REPORT.
new text end
new text begin The Board of Trustees of the Minnesota State Colleges and Universities shall develop
a plan to increase the use of affordable textbooks and instructional materials. The board
must explore and study registration software or other systems and methods to disclose or
display the cost of all textbooks and instructional materials required for a course at or prior
to course registration. The plan must describe the systems or methods examined and the
results of the study. The plan must establish a goal for the percentage of all courses offered
at state colleges and universities that will use affordable textbooks and instructional materials.
The plan must identify and describe key terms, including "affordable textbook," "instructional
material," and "course." The board must submit the plan to the chairs and ranking minority
members of the legislative committees with jurisdiction over higher education by January
15, 2020.
new text end
Sec. 43. new text begin TEACHER PREPARATION PROGRAM DESIGN GRANT.
new text end
new text begin The commissioner of the Office of Higher Education shall make a grant to an institution
of higher education, defined under Minnesota Statutes, section 135A.51, subdivision 5, to
explore, design, and plan for a teacher preparation program leading to licensure as a teacher
of the blind or visually impaired, consistent with Minnesota Rules, part 8710.5100. The
commissioner may develop an application process and guidelines, as necessary, and may
use up to two percent of the appropriation for administrative costs. The grant recipient shall
submit a report describing the plan and identifying potential ongoing costs for the program
to the chairs and ranking minority members of the legislative committees with jurisdiction
over higher education finance and policy no later than January 15, 2020.
new text end
Sec. 44. new text begin UNIVERSITY OF MINNESOTA; APPEAL PROCESS FOR SEXUAL
MISCONDUCT FINDINGS INVOLVING EMPLOYEES.
new text end
new text begin The Board of Regents of the University of Minnesota is requested to amend its sexual
misconduct policies to:
new text end
new text begin (1) provide a process for accused university employees and their victims to appeal
findings of the university's Office of Equal Opportunity and Affirmative Action before an
impartial decision maker; and
new text end
new text begin (2) require the office, at the conclusion of a sexual misconduct investigation, to provide
notice to accused university employees and their victims of any appeal rights.
new text end
Sec. 45. new text begin REPEALER.
new text end
new text begin Minnesota Statutes 2016, sections 136A.15, subdivisions 2 and 7; and 136A.1701,
subdivision 12,new text end new text begin are repealed.
new text end
ARTICLE 23
TRANSPORTATION APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS. |
new text begin The sums shown in the column under "Appropriations" are added to the appropriations
in Laws 2017, First Special Session chapter 3, article 1, and Laws 2017, First Special Session
chapter 4, article 1, to the agencies and for the purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose. Amounts for "Total Appropriation" and sums shown
in the corresponding columns marked "Appropriations by Fund" are summary only and do
not have legal effect. The figures "2018" and "2019" used in this article mean that the
addition to the appropriation listed under them is available for the fiscal year ending June
30, 2018, or June 30, 2019, respectively.
new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2018 new text end | new text begin 2019 new text end | |||||
Sec. 2. new text begin DEPARTMENT OF | ||||||
new text begin Subdivision 1.new text endnew text begin Total Appropriation | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 66,860,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin General new text end | new text begin -0- new text end | new text begin 34,860,000 new text end |
| new text begin Special Revenue new text end | new text begin -0- new text end | new text begin 1,000,000 new text end |
| new text begin Trunk Highway new text end | new text begin -0- new text end | new text begin 30,000,000 new text end |
| new text begin State Airport new text end | new text begin -0- new text end | new text begin 1,000,000 new text end |
new text begin The appropriations in this section are to the
commissioner of transportation. The amounts
that may be spent for each purpose are
specified in the subdivisions in this section.
new text end
new text begin Subd. 2.new text endnew text begin Aeronautics | new text begin -0- new text end | new text begin 2,250,000 new text end | ||||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin General new text end | new text begin -0- new text end | new text begin 1,250,000 new text end |
| new text begin Airports new text end | new text begin -0- new text end | new text begin 1,000,000 new text end |
new text begin This appropriation is for a grant to the city of
Rochester to acquire and install a CAT II
approach system at the Rochester International
Airport. This appropriation is available when
the commissioner of transportation determines
that sufficient resources have been committed
to complete the project. This is a onetime
appropriation and is available until June 30,
2023.
new text end
new text begin Subd. 3.new text endnew text begin Rail Service Improvement | new text begin -0- new text end | new text begin 1,000,000 new text end | ||||
new text begin This appropriation is from the rail service
improvement account in the special revenue
fund under the rail service improvement
program in Minnesota Statutes, section 222.50,
for a grant to the Minnesota Valley Regional
Rail Authority to rehabilitate a portion of the
railroad track between Winthrop and Hanley
Falls. Railroad track rehabilitation under the
grant includes but is not limited to
environmental analysis and remediation,
predesign, design, and rehabilitation or
replacement of bridges or culverts. This grant
is in addition to any other appropriation, or
other grant, loan, or loan guarantee for this
project made by the commissioner under
Minnesota Statutes, sections 222.46 to 222.62.
This is a onetime appropriation.
new text end
new text begin Subd. 4.new text endnew text begin State Roads | ||||||
| new text begin (a) Program Delivery new text end | new text begin -0- new text end | new text begin 10,400,000 new text end | ||||
new text begin $5,400,000 in the second year is for a grant to
the city of Virginia to repay loans incurred by
the city for costs related to utility relocation
for the U.S. Highway 53 project. This is a
onetime appropriation.
new text end
new text begin $5,000,000 in the second year is for
environmental analysis and preliminary
engineering for the grade separation and
realignment of the bridge on marked Trunk
Highway 27 in the city of Little Falls. This is
a onetime appropriation.
new text end
| new text begin (b) State Road Construction new text end | new text begin -0- new text end | new text begin 20,000,000 new text end | ||||
new text begin This appropriation is from the trunk highway
fund for trunk highway reconstruction or
resurfacing in calendar year 2019, 2020, or
2021 that includes establishment of one or
more temporary lanes of travel, provided that
the commissioner must establish additional
permanent general purpose lanes on the
segment if: (1) the project is on an interstate
highway; (2) the project is located outside of
a Department of Transportation district
containing a city of the first class; (3) the total
project cost estimate is at least $30,000,000;
and (4) the annual average daily traffic is at
least 40,000 at any point within the project
limits. This is a onetime appropriation and is
available until June 30, 2022.
new text end
| new text begin (c) Corridors of Commerce new text end | new text begin -0- new text end | new text begin 10,000,000 new text end | ||||
new text begin This appropriation is from the trunk highway
fund for the corridors of commerce program
under Minnesota Statutes, section 161.088.
This is a onetime appropriation.
new text end
new text begin Subd. 5.new text endnew text begin Local Roads | ||||||
| new text begin (a) Small Cities Assistance new text end | new text begin -0- new text end | new text begin 8,500,000 new text end | ||||
new text begin This appropriation is for the small cities
assistance program under Minnesota Statutes,
section 162.145. This is a onetime
appropriation.
new text end
| new text begin (b) Town Roads new text end | new text begin -0- new text end | new text begin 4,000,000 new text end | ||||
new text begin This appropriation is for town roads, to be
distributed in the manner provided under
Minnesota Statutes, section 162.081. This is
a onetime appropriation.
new text end
| new text begin (c) Local Bridges new text end | new text begin -0- new text end | new text begin 10,710,000 new text end | ||||
new text begin This appropriation is for local bridges under
Minnesota Statutes, section 174.50. This is a
onetime appropriation.
new text end
new text begin Subd. 6.new text endnew text begin Transfer; Rail Service Improvement | ||||||
new text begin Before August 1, 2018, the commissioner of
management and budget must transfer
$3,000,000 from the general fund to the rail
service improvement account in the special
revenue fund. This is a onetime transfer.
new text end
Sec. 3. new text begin METROPOLITAN COUNCIL | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 2,100,000 new text end | ||
new text begin This appropriation is to the Metropolitan
Council for financial assistance to replacement
service providers under Minnesota Statutes,
section 473.388, for capital improvements,
including bus replacement, associated with
the suburb-to-suburb transit project authorized
under Laws 2015, chapter 75, article 1, section
4. This is a onetime appropriation.
new text end
Sec. 4. new text begin DEPARTMENT OF PUBLIC SAFETY | ||||||
new text begin Subdivision 1.new text endnew text begin Minnesota Licensing and | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 13,730,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin General new text end | new text begin -0- new text end | new text begin 12,830,000 new text end |
| new text begin Driver and Vehicle Services new text end | new text begin -0- new text end | new text begin 900,000 new text end |
new text begin This appropriation is to the commissioner of
public safety.
new text end
new text begin The appropriation in fiscal year 2019 is for
contracted technical staff and technical costs
related to continued development,
improvement, operations, and deployment of
MNLARS, and may be expended only for (1)
contracting to perform software development
on the vehicle services component of
MNLARS, and (2) technology costs.
new text end
new text begin The appropriation in this subdivision must not
be expended on additional full- or part-time
employees employed by the Department of
Public Safety.
new text end
new text begin The appropriation in this subdivision is subject
to the quarterly review process established in
Laws 2018, chapter 101, section 4, subdivision
5.
new text end
new text begin Of the appropriation from the driver and
vehicle services fund, $200,000 is from the
vehicle services operating account and
$700,000 is from the driver services operating
account.
new text end
new text begin The base from the general fund is $2,600,000
in fiscal year 2020 and $0 in fiscal year 2021.
The base from the vehicle services operating
account is $700,000 in fiscal year 2020 and
$0 in fiscal year 2021.The base from the driver
services operating account is $2,200,000 in
fiscal year 2020 and $0 in fiscal year 2021.
The planning estimates in fiscal year 2020
may only be used for a FAST Enterprise
contract payment related to the driver licensing
system.
new text end
new text begin Subd. 2.new text endnew text begin Transfer; Driver and Vehicle Services | ||||||
new text begin By July 1, 2018, the unencumbered balance
in the driver and vehicle services technology
account in the special revenue fund is
transferred to the driver and vehicle services
technology account in the driver and vehicle
services fund.
new text end
new text begin Subd. 3.new text endnew text begin Transfer; Driver Services Operating | ||||||
new text begin By July 1, 2018, the unencumbered balance
in the driver services operating account in the
special revenue fund is transferred to the driver
services operating account in the driver and
vehicle services fund.
new text end
new text begin Subd. 4.new text endnew text begin Transfer; Vehicle Services Operating | ||||||
new text begin By July 1, 2018, the unencumbered balance
in the vehicle services operating account in
the special revenue fund is transferred to the
vehicle services operating account in the driver
and vehicle services fund.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 5. new text begin DEPARTMENT OF MANAGEMENT | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 5,000,000 new text end | ||
new text begin This appropriation is to the commissioner of
management and budget for reimbursement
grants to deputy registrars under section 10.
This is a onetime appropriation.
new text end
Sec. 6.
Laws 2017, First Special Session chapter 3, article 1, section 2, subdivision 2, is
amended to read:
Subd. 2.Multimodal Systems | ||||||
(a) Aeronautics
| (1) Airport Development and Assistance | 26,001,000 | 16,598,000 | ||||
This appropriation is from the state airports
fund and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after the year of the
appropriation. If the appropriation for either
year is insufficient, the appropriation for the
other year is available for it.
$6,619,000 in the first year is for a grant to
the Duluth Airport Authority for
improvements at the Duluth International
Airport and the Sky Harbor Airport in
accordance with Minnesota Statutes, section
360.017. For the purposes of this
appropriation, the commissioner may waive
the requirements of Minnesota Statutes,
section 360.305, subdivision 4, paragraph (b).
This appropriation may be used to reimburse
the Authority for costs incurred after March
1, 2015. This is a onetime appropriation.
$2,334,000 in the first year is for a grant to
the city of Rochester for improvements to the
passenger terminal building at the Rochester
International Airport in accordance with
Minnesota Statutes, section 360.017. For the
purposes of this appropriation, the
commissioner of transportation may waive the
requirements of Minnesota Statutes, section
360.305, subdivision 4, paragraph (b). This
appropriation may be used to reimburse the
city for costs incurred after May 1, 2016. This
is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
360.017, $250,000 in the first year is for a
grant to the city of St. Cloud for an air
transport optimization planning study for the
St. Cloud Regional Airport. The study must
be comprehensive and market-based, using
economic development and air service
expertise to research, analyze, and develop
models and strategies that maximize the return
on investments made to enhance the use and
impact of the St. Cloud Regional Airport. By
January 5, 2018, the city of St. Cloud shall
submit a report to the governor and the
members and staff of the legislative
committees with jurisdiction over capital
investment, transportation, and economic
development with recommendations based on
the findings of the study. This is a onetime
appropriation.
If the commissioner of transportation
determines that a balance remains in the state
airports fund following the appropriations
made in this article and that the appropriations
made are insufficient for advancing airport
development and assistance projects, an
amount necessary to advance the projects, not
to exceed the balance in the state airports fund,
is appropriated in each year to the
commissioner and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4. Within two weeks of a
determination under this contingent
appropriation, the commissioner of
transportation must notify the commissioner
of management and budget and the chairs,
ranking minority members, and staff of the
legislative committees with jurisdiction over
transportation finance concerning the funds
appropriated. Funds appropriated under this
contingent appropriation do not adjust the base
for fiscal years 2020 and 2021.
The base is $15,298,000 in each of fiscal years
2020 and 2021.
| (2) Aviation Support and Services | 6,710,000 | 6,854,000 | ||||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| Airports | 5,231,000 | 5,231,000 |
| Trunk Highway | 1,479,000 | 1,623,000 |
| (3) Civil Air Patrol | 3,580,000 | 80,000 | ||||
This appropriation is from the state airports
fund for the Civil Air Patrol.
$3,500,000 in the first year is for a grant tonew text begin :
(i) perform site selection and analysis; (ii)
purchase,new text end renovate deleted text begin a portion of anddeleted text end new text begin , ornew text end
construct deleted text begin an addition to thedeleted text end training and
maintenance deleted text begin facility located at the South St.
Paul airport,deleted text end new text begin facilities;new text end and deleted text begin todeleted text end new text begin (iii)new text end furnish and
equip the deleted text begin facilitydeleted text end new text begin facilitiesnew text end , including
communications equipment.new text begin If the Civil Air
Patrol purchases an existing facility, predesign
requirements are waived. The facilities must
be located at an airport in Minnesota.
Notwithstanding the matching requirements
in Minnesota Statutes, section 360.305,
subdivision 4, a nonstate contribution is not
required for this appropriation.new text end
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for deleted text begin fivedeleted text end new text begin sixnew text end years after the year of
the appropriation. This is a onetime
appropriation.
| (b) Transit | 1,416,000 | 18,268,000 | ||||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| General | 570,000 | 17,395,000 |
| Trunk Highway | 846,000 | 873,000 |
$150,000 in each year is from the general fund
for grants to transportation management
organizations that provide services exclusively
or primarily in the city located along the
marked Interstate Highway 494 corridor
having the highest population as of the
effective date of this section. The
commissioner must not retain any portion of
the funds appropriated under this section.
From the appropriation in each fiscal year, the
commissioner must make grant payments in
full by July 31. Permissible uses of funds
under this grant include administrative
expenses and programming and service
expansion, including but not limited to
staffing, communications, outreach and
education program development, and
operations management. This is a onetime
appropriation.
The base from the general fund is $17,245,000
in each year for fiscal years 2020 and 2021.
| (c) Safe Routes to School | 500,000 | 500,000 | ||||
This appropriation is from the general fund
for the safe routes to school program under
Minnesota Statutes, section 174.40.
| (d) Passenger Rail | 500,000 | 500,000 | ||||
This appropriation is from the general fund
for passenger rail system planning, alternatives
analysis, environmental analysis, design, and
preliminary engineering under Minnesota
Statutes, sections 174.632 to 174.636.
(e) Freight
| Freight and Commercial Vehicle Operations | 8,506,000 | 6,578,000 | ||||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| General | 3,156,000 | 1,056,000 |
| Trunk Highway | 5,350,000 | 5,522,000 |
$1,100,000 in the first year is from the general
fund for port development assistance grants
under Minnesota Statutes, chapter 457A, to
the city of Red Wing and to the Port Authority
of Winona. Any improvements made with the
proceeds of the grants must be publicly owned.
This is a onetime appropriation and is
available in the second year.
$800,000 in each year is from the general fund
for additional rail safety and rail service
activities.
$1,000,000 in the first year is from the general
fund for a grant to the city of Grand Rapids to
fund rail planning studies, design, and
preliminary engineering relating to the
construction of a freight rail line located in the
counties of Itasca, St. Louis, and Lake to serve
local producers and shippers. The city of
Grand Rapids shall collaborate with the Itasca
Economic Development Corporation and the
Itasca County Regional Railroad Authority in
the activities funded with the proceeds of this
grant. This is a onetime appropriation and is
available until June 30, 2019.
Sec. 7.
Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 1, is
amended to read:
Subdivision 1.Total Appropriation | $ | 199,838,000 | $ | deleted text begin 199,407,000deleted text end new text begin 198,041,000 new text end | ||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| General | 19,971,000 | 14,381,000 |
| Special Revenue | 63,945,000 | deleted text begin 65,087,000deleted text end new text begin 1,439,000 new text end |
| H.U.T.D. | 10,474,000 | deleted text begin 10,486,000deleted text end new text begin 9,120,000 new text end |
| Trunk Highway | 105,448,000 | 109,453,000 |
| new text begin Driver and Vehicle Services new text end | new text begin -0- new text end | new text begin 63,648,000 new text end |
The appropriations in this section are to the
commissioner of public safety. The amounts
that may be spent for each purpose are
specified in the following subdivisions.
Sec. 8.
Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 2, is
amended to read:
Subd. 2.Administration and Related Services | ||||||
| (a) Office of Communications | 553,000 | 573,000 | ||||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| General | 127,000 | 130,000 |
| Trunk Highway | 426,000 | 443,000 |
| (b) Public Safety Support | 6,372,000 | deleted text begin 6,569,000 deleted text end new text begin 5,203,000 new text end | ||||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| General | 1,225,000 | 1,235,000 |
| H.U.T.D. | 1,366,000 | deleted text begin 1,366,000deleted text end new text begin -0- new text end |
| Trunk Highway | 3,781,000 | 3,968,000 |
| (c) Public Safety Officer Survivor Benefits | 640,000 | 640,000 | ||||
This appropriation is from the general fund
for payment of public safety officer survivor
benefits under Minnesota Statutes, section
299A.44.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
| (d) Public Safety Officer Reimbursements | 1,367,000 | 1,367,000 | ||||
This appropriation is from the general fund to
be deposited in the public safety officer's
benefit account. This money is available for
reimbursements under Minnesota Statutes,
section 299A.465.
| (e) Soft Body Armor Reimbursements | 700,000 | 700,000 | ||||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| General | 600,000 | 600,000 |
| Trunk Highway | 100,000 | 100,000 |
This appropriation is for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38.
| (f) Technology and Support Service | 3,777,000 | 3,814,000 | ||||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| General | 1,353,000 | 1,365,000 |
| H.U.T.D. | 19,000 | 19,000 |
| Trunk Highway | 2,405,000 | 2,430,000 |
Sec. 9.
Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 4, is
amended to read:
Subd. 4.Driver and Vehicle Services | ||||||
| (a) Vehicle Services | 30,745,000 | 31,159,000 | ||||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| Special Revenue | 22,509,000 | deleted text begin 22,923,000deleted text end new text begin 0 new text end |
| H.U.T.D. | 8,236,000 | 8,236,000 |
| new text begin Driver and Vehicle Services new text end | new text begin 0 new text end | new text begin 22,923,000 new text end |
The special revenue fund appropriation new text begin in
fiscal year 2018 new text end is from the vehicle services
operating account.new text begin The driver and vehicle
services fund appropriation in fiscal year 2019
is from the vehicle services operating account.
new text end
| (b) Driver Services | 32,014,000 | 32,725,000 | ||||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin Special Revenue new text end | new text begin 32,014,000 new text end | new text begin 0 new text end |
| new text begin Driver and Vehicle Services new text end | new text begin 0 new text end | new text begin 32,725,000 new text end |
This appropriation is from the driver services
operating account deleted text begin in the special revenue funddeleted text end new text begin
under Minnesota Statutes, section 299A.705new text end .
$156,000 in each year is to maintain the
automated knowledge test system.
| (c) Minnesota Licensing and Registration System (MNLARS) | 8,000,000 | 8,000,000 | ||||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin Special Revenue new text end | new text begin 8,000,000 new text end | new text begin 0 new text end |
| new text begin Driver and Vehicle Services new text end | new text begin 0 new text end | new text begin 8,000,000 new text end |
This appropriation is for operations and
maintenance of the driver and vehicle
information system known as the Minnesota
Licensing and Registration System.
$1,000,000 in the first year and $5,265,000 in
the second year are from the driver services
operating account deleted text begin in the special revenue funddeleted text end new text begin
under Minnesota Statutes, section 299A.705new text end .
This is a onetime appropriation.
$7,000,000 in the first year and $2,735,000 in
the second year are from the vehicle services
operating account deleted text begin in the special revenue funddeleted text end new text begin
under Minnesota Statutes, section 299A.705new text end .
This is a onetime appropriation.
Sec. 10. new text begin DEPUTY REGISTRAR REIMBURSEMENTS.
new text end
new text begin Subdivision 1.new text end
new text begin Reimbursement grants.new text end
new text begin (a) The commissioner of management and
budget must provide reimbursement grants to deputy registrars using the money appropriated
under section 5. The commissioner must provide the grants by August 1, 2018.
new text end
new text begin (b) The commissioner must use existing resources to administer the reimbursements.
new text end
new text begin Subd. 2.new text end
new text begin Eligibility.new text end
new text begin A deputy registrar office operated by the state is not eligible to
receive funds under this section.
new text end
new text begin Subd. 3.new text end
new text begin Aid distribution.new text end
new text begin (a) The reimbursement grant to each deputy registrar, as
identified by the Driver and Vehicle Services-designated office location number, is calculated
as follows:
new text end
new text begin (1) ten percent of available funds allocated equally among all deputy registrars;
new text end
new text begin (2) 45 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee under Minnesota Statutes, section 168.33, subdivision 7, is
retained by each deputy registrar from August 1, 2017, through May 31, 2018, compared
to (ii) the total number of transactions where a filing fee is retained by all deputy registrars
during that time period; and
new text end
new text begin (3) 45 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee is retained by each deputy registrar from July 1, 2014, through
June 30, 2017, compared to (ii) the total number of transactions where a filing fee is retained
by all deputy registrars during that time period.
new text end
new text begin (b) For a deputy registrar appointed after July 1, 2014, the commissioner of management
and budget must identify whether a corresponding discontinued deputy registrar appointment
exists. If a corresponding discontinued deputy registrar is identified, the commissioner must
include the transactions of the discontinued deputy registrar in the calculations under
paragraph (a) for the deputy registrar appointed after July 1, 2014.
new text end
new text begin (c) For a deputy registrar appointed after July 1, 2014, to which paragraph (b) does not
apply, the commissioner of management and budget must calculate the deputy registrar's
proportional share under paragraph (a), clause (3), based on the average number of
transactions where a filing fee is retained among the deputy registrars, as calculated excluding
any deputy registrars for which this paragraph applies.
new text end
new text begin (d) In the calculations under paragraph (a), the commissioner of management and budget
must exclude transactions for (1) a deputy registrar office operated by the state, and (2) a
discontinued deputy registrar for which paragraph (b) does not apply.
new text end
ARTICLE 24
TRANSPORTATION POLICY
Section 1.
Minnesota Statutes 2017 Supplement, section 3.972, subdivision 4, is amended
to read:
Subd. 4.
Certain transit financial activity reporting.
(a) The legislative auditor must
perform a transit financial activity review of financial information for the Metropolitan
Council's Transportation Division deleted text begin and the joint powers board under section 297A.992.
Within 14 days of the end of each fiscal quarter,deleted text end new text begin two times each year. The first report, due
April 1, must include the quarters ending on September 30 and December 31 of the previous
calendar year. The second report, due October 1, must include the quarters ending on March
31 and June 30 of the current year. new text end The legislative auditor must submit the review to the
Legislative Audit Commission and the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance, finance, and ways and
means.
(b) At a minimum, each transit financial activity review must include:
(1) a summary of monthly financial statements, including balance sheets and operating
statements, that shows income, expenditures, and fund balance;
(2) a list of any obligations and agreements entered into related to transit purposes,
whether for capital or operating, including but not limited to bonds, notes, grants, and future
funding commitments;
(3) the amount of funds in clause (2) that has been committed;
(4) independent analysis by the fiscal oversight officer of the fiscal viability of revenues
and fund balance compared to expenditures, taking into account:
(i) all expenditure commitments;
(ii) cash flow;
(iii) sufficiency of estimated funds; and
(iv) financial solvency of anticipated transit projects; and
(5) a notification concerning whether the requirements under paragraph (c) have been
met.
(c) The Metropolitan Council deleted text begin and the joint powers board under section 297A.992deleted text end must
produce monthly financial statements as necessary for the review under paragraph (b),
clause (1), and provide timely information as requested by the legislative auditor.
new text begin (d) This subdivision expires on April 15, 2023.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2016, section 13.461, is amended by adding a subdivision to
read:
new text begin Subd. 33.new text end
new text begin Metropolitan Council special transportation service.new text end
new text begin Data sharing between
the commissioner of human services and the Metropolitan Council to administer and
coordinate transportation services for individuals with disabilities and elderly individuals
is governed by section 473.386, subdivision 9.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018, and applies in the counties
of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 3.
Minnesota Statutes 2016, section 13.6905, subdivision 3, is amended to read:
Subd. 3.
Motor vehicle registration.
Various data on motor vehicle registrations are
classified under sections 168.327, subdivision 3, and 168.346.new text begin Use of vehicle registration
data is governed by section 168.345.
new text end
Sec. 4.
Minnesota Statutes 2016, section 13.72, subdivision 10, is amended to read:
Subd. 10.
Transportation service data.
new text begin (a) new text end Personal, medical, financial, familial, or
locational information data pertaining to applicants for or users of services providing
transportation for deleted text begin the disableddeleted text end new text begin individuals with disabilitiesnew text end or elderly new text begin individuals new text end are privatenew text begin
data on individualsnew text end .
new text begin (b) Private transportation service data may be disclosed between the commissioner of
human services and the Metropolitan Council to administer and coordinate human services
programs and transportation services for individuals with disabilities and elderly individuals
under section 473.386.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018, and applies in the counties
of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 5.
Minnesota Statutes 2016, section 80E.13, is amended to read:
80E.13 UNFAIR PRACTICES BY MANUFACTURERS, DISTRIBUTORS,
FACTORY BRANCHES.
It is unlawful and an unfair practice for a manufacturer, distributor, or factory branch
to engage in any of the following practices:
(a) delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or
accessories in reasonable time and in reasonable quantity relative to the new motor vehicle
dealer's facilities and sales potential in the dealer's relevant market area, after having accepted
an order from a new motor vehicle dealer having a franchise for the retail sale of any new
motor vehicle sold or distributed by the manufacturer or distributor, if the new motor vehicle
or new motor vehicle parts or accessories are publicly advertised as being available for
delivery or actually being delivered. This clause is not violated, however, if the failure is
caused by acts or causes beyond the control of the manufacturer;
(b) refuse to disclose to any new motor vehicle dealer handling the same line make, the
manner and mode of distribution of that line make within the relevant market area;
(c) obtain money, goods, service, or any other benefit from any other person with whom
the dealer does business, on account of, or in relation to, the transaction between the dealer
and the other person, other than for compensation for services rendered, unless the benefit
is promptly accounted for, and transmitted to, the new motor vehicle dealer;
(d) increase prices of new motor vehicles which the new motor vehicle dealer had ordered
for private retail consumers prior to the dealer's receiving the written official price increase
notification. A sales contract signed by a private retail consumer shall constitute evidence
of each order if the vehicle is in fact delivered to that customer. In the event of manufacturer
price reductions, the amount of any reduction received by a dealer shall be passed on to the
private retail consumer by the dealer if the retail price was negotiated on the basis of the
previous higher price to the dealer;
(e) offer any refunds or other types of inducements to any new motor vehicle dealer for
the purchase of new motor vehicles of a certain line make without making the same offer
to all other new motor vehicle dealers in the same line make within geographic areas
reasonably determined by the manufacturer;
(f) release to any outside party, except under subpoena or in an administrative or judicial
proceeding involving the manufacturer or dealer, any business, financial, or personal
information which may be provided by the dealer to the manufacturer, without the express
written consent of the dealer or unless pertinent to judicial or governmental administrative
proceedings or to arbitration proceedings of any kind;
(g) deny any new motor vehicle dealer the right of free association with any other new
motor vehicle dealer for any lawful purpose;
(h) unfairly discriminate among its new motor vehicle dealers with respect to warranty
reimbursement or authority granted its new vehicle dealers to make warranty adjustments
with retail customers;
(i) compete with a new motor vehicle dealer in the same line make operating under an
agreement or franchise from the same manufacturer, distributor, or factory branch. A
manufacturer, distributor, or factory branch is considered to be competing when it has an
ownership interest, other than a passive interest held for investment purposes, in a dealership
of its line make located within the state. A manufacturer, distributor, or factory branch shall
not, however, be deemed to be competing when operating a dealership, either temporarily
or for a reasonable period, which is for sale to any qualified independent person at a fair
and reasonable price, or when involved in a bona fide relationship in which an independent
person has made a significant investment subject to loss in the dealership and can reasonably
expect to acquire full ownership and full management and operational control of the
dealership within a reasonable time on reasonable terms and conditions;
(j) prevent a new motor vehicle dealer from transferring or assigning a new motor vehicle
dealership to a qualified transferee. There shall be no transfer, assignment of the franchise,
or major change in the executive management of the dealership, except as is otherwise
provided in sections 80E.01 to 80E.17, without consent of the manufacturer, which shall
not be withheld without good cause. In determining whether good cause exists for
withholding consent to a transfer or assignment, the manufacturer, distributor, factory
branch, or importer has the burden of proving that the transferee is a person who is not of
good moral character or does not meet the franchisor's existing and reasonable capital
standards and, considering the volume of sales and service of the new motor vehicle dealer,
reasonable business experience standards in the market area. Denial of the request must be
in writing and delivered to the new motor vehicle dealer within 60 days after the manufacturer
receives the completed application customarily used by the manufacturer, distributor, factory
branch, or importer for dealer appointments. If a denial is not sent within this period, the
manufacturer shall be deemed to have given its consent to the proposed transfer or change.
In the event of a proposed sale or transfer of a franchise, the manufacturer, distributor,
factory branch, or importer shall be permitted to exercise a right of first refusal to acquire
the franchisee's assets or ownership if:
(1) the franchise agreement permits the manufacturer, distributor, factory branch, or
importer to exercise a right of first refusal to acquire the franchisee's assets or ownership
in the event of a proposed sale or transfer;
(2) the proposed transfer of the dealership or its assets is of more than 50 percent of the
ownership or assets;
(3) the manufacturer, distributor, factory branch, or importer notifies the dealer in writing
within 60 days of its receipt of the complete written proposal for the proposed sale or transfer
on forms generally utilized by the manufacturer, distributor, factory branch, or importer for
such purposes and containing the information required therein and all documents and
agreements relating to the proposed sale or transfer;
(4) the exercise of the right of first refusal will result in the dealer and dealer's owners
receiving the same or greater consideration with equivalent terms of sale as is provided in
the documents and agreements submitted to the manufacturer, distributor, factory branch,
or importer under clause (3);
(5) the proposed change of 50 percent or more of the ownership or of the dealership
assets does not involve the transfer or sale of assets or the transfer or issuance of stock by
the dealer or one or more dealer owners to a family member, including a spouse, child,
stepchild, grandchild, spouse of a child or grandchild, brother, sister, or parent of the dealer
owner; to a manager who has been employed in the dealership for at least four years and is
otherwise qualified as a dealer operator; or to a partnership or corporation owned and
controlled by one or more of such persons; and
(6) the manufacturer, distributor, factory branch, or importer agrees to pay the reasonable
expenses, including reasonable attorney fees, which do not exceed the usual customary and
reasonable fees charged for similar work done for other clients incurred by the proposed
new owner and transferee before the manufacturer, distributor, factory branch, or importer
exercises its right of first refusal, in negotiating and implementing the contract for the
proposed change of ownership or transfer of dealership assets. However, payment of such
expenses and attorney fees shall not be required if the dealer has not submitted or caused
to be submitted an accounting of those expenses within 20 days after the dealer's receipt of
the manufacturer, distributor, factory branch, or importer's written request for such an
accounting. The manufacturer, distributor, factory branch, or importer may request such an
accounting before exercising its right of first refusal. The obligation created under this clause
is enforceable by the transferee;
(k) threaten to modify or replace or modify or replace a franchise with a succeeding
franchise that would adversely alter the rights or obligations of a new motor vehicle dealer
under an existing franchise or that substantially impairs the sales or service obligations or
investments of the motor vehicle dealer;
(l) unreasonably deny the right to acquire factory program vehicles to any dealer holding
a valid franchise from the manufacturer to sell the same line make of vehicles, provided
that the manufacturer may impose reasonable restrictions and limitations on the purchase
or resale of program vehicles to be applied equitably to all of its franchised dealers. For the
purposes of this paragraph, "factory program vehicle" has the meaning given the term in
section 80E.06, subdivision 2;
(m) fail or refuse to offer to its same line make franchised dealers all models manufactured
for that line make, other than alternative fuel vehicles as defined in section 216C.01,
subdivision 1b. Failure to offer a model is not a violation of this section if the failure is not
arbitrary and is due to a lack of manufacturing capacity, a strike, labor difficulty, or other
cause over which the manufacturer, distributor, or factory branch has no control;
(n) require a dealer to pay an extra fee, or remodel, renovate, or recondition the dealer's
existing facilities, or purchase unreasonable advertising displays, training, tools, or other
materials, or to require the dealer to establish exclusive facilities or dedicated personnel as
a prerequisite to receiving a model or a series of vehicles;
(o) require a dealer to adhere to performance standards that are not applied uniformly
to other similarly situated dealers.
A performance standard, sales objective, or program for measuring dealership performance
that may have a material effect on a dealer, including the dealer's right to payment under
any incentive or reimbursement program, and the application of the standard or program
by a manufacturer, distributor, or factory branch must be fair, reasonable, equitable, and
based on accurate information.
A manufacturer, distributor, or factory branch has the burden of proving that the performance
standard, sales objective, or program for measuring dealership performance is fair and
reasonable under this subdivision;
(p) unreasonably reduce a dealer's area of sales effectiveness without giving at least 90
days' notice of the proposed reduction. The change may not take effect if the dealer
commences a civil action to determine whether there is good cause for the change within
the 90 days' notice period. The burden of proof in such an action shall be on the manufacturer
or distributor; deleted text begin or
deleted text end
(q) to charge back, withhold payment, deny vehicle allocation, or take any other adverse
action against a dealer when a new vehicle sold by the dealer has been exported to a foreign
country, unless the manufacturer, distributor, or factory branch can show that at the time
of sale, the customer's information was listed on a known or suspected exporter list made
available to the dealer, or the dealer knew or reasonably should have known of the purchaser's
intention to export or resell the motor vehicle in violation of the manufacturer's export
policy. There is a rebuttable presumption that the dealer did not know or should not have
reasonably known that the vehicle would be exported or resold in violation of the
manufacturer's export policy if the vehicle is titled and registered in any state of the United
Statesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin (r) to implement a charge back or withhold payment to a dealer that is solely due to an
unreasonable delay by the registrar, as defined in section 168.002, subdivision 29, in the
transfer or registration of a new motor vehicle. The dealer must give the manufacturer notice
of the state's delay in writing. Within 30 days of any notice of a charge back, withholding
of payments, or denial of a claim, the dealer must transmit to the manufacturer (1)
documentation to demonstrate the vehicle sale and delivery as reported; and (2) a written
attestation signed by the dealer operator or general manager stating that the delay is
attributable to the state. This clause expires on June 30, 2021.
new text end
Sec. 6.
Minnesota Statutes 2017 Supplement, section 160.02, subdivision 1a, is amended
to read:
Subd. 1a.
Bikeway.
"Bikeway" deleted text begin means a bicycle lane, bicycle path, shared use path,
bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive
use of bicycles or for shared use with other transportation modesdeleted text end new text begin has the meaning given in
section 169.011, subdivision 9new text end .
Sec. 7.
Minnesota Statutes 2016, section 160.263, subdivision 2, is amended to read:
Subd. 2.
Powers of political subdivisions.
(a) The governing body of any political
subdivision may by ordinance or resolution:
(1) designate any roadway or shoulder or portion thereof under its jurisdiction as a
bicycle lane or bicycle route;
(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
provided that the designation does not destroy a pedestrian way or pedestrian access;
(3) develop and designate bicycle paths;
(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.
(b) A governing body may not prohibit or otherwise restrict operation of an
electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any bikeway,
roadway, or shoulder, unless the governing body determines that operation of the
electric-assisted bicycle is not consistent with (1) the safety or general welfare of bikeway,
roadway, or shoulder users; or (2) the terms of any property conveyance.
new text begin (c) A governing body is prohibited from establishing a bikeway in a segment of public
road right-of-way that results in elimination or relocation of any disability parking that is
designated under section 169.346, subdivision 2.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 8.
Minnesota Statutes 2016, section 160.295, subdivision 5, is amended to read:
Subd. 5.
Rural agricultural business or tourist-oriented business.
new text begin (a) new text end A rural
agricultural or tourist-oriented business new text begin serviced by a specific service sign new text end must be open a
minimum of eight hours per day, six days per week, and 12 months per year. deleted text begin However,
deleted text end
new text begin (b)new text end A seasonal business deleted text begin may qualify if it isdeleted text end new text begin serviced by a specific service sign must benew text end
open eight hours per day and six days per week during the normal seasonal period.
new text begin (c) A farm winery serviced by a specific service sign must:
new text end
new text begin (1) be licensed under section 340A.315;
new text end
new text begin (2) be licensed by the Department of Health under section 157.16 or by the commissioner
of agriculture under section 28A.04;
new text end
new text begin (3) provide continuous, staffed food service operation; and
new text end
new text begin (4) be open at least four hours per day and two days per week.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 9.
Minnesota Statutes 2016, section 161.115, subdivision 111, is amended to read:
Subd. 111.
Route No. 180.
Beginning at a point on Route No. deleted text begin 392 southwest or west
of Ashbydeleted text end new text begin 3 at or near Erdahlnew text end , thence extending in a general northerly or northeasterly
direction to a point on deleted text begin Route No. 153 as herein established at or near Ashby, thence extending
in a northeasterly direction to a point ondeleted text end Route No. 181 as herein established at or near
Ottertail.
Sec. 10.
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin Subd. 88.new text end
new text begin Trooper Ray Krueger Memorial Highway.new text end
new text begin That segment of marked Trunk
Highway 210 within Cass County is designated as "Trooper Ray Krueger Memorial
Highway." Subject to section 161.139, the commissioner shall adopt a suitable design to
mark this highway and erect appropriate signs in the vicinity of the location where Trooper
Krueger died.
new text end
Sec. 11.
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin Subd. 89.new text end
new text begin Warrant Officer Dennis A. Groth Memorial Bridge.new text end
new text begin The bridge on marked
U.S. Highway 52 over Dakota County State-Aid Highway 42, known as 145th Street within
the city of Rosemount, is designated as "Warrant Officer Dennis A. Groth Memorial Bridge."
Subject to section 161.139, the commissioner shall adopt a suitable design to mark the
bridge and erect appropriate signs.
new text end
Sec. 12.
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin Subd. 90.new text end
new text begin Specialist Noah Pierce Bridge.new text end
new text begin The bridge on marked U.S. Highway 53 over
marked Trunk Highway 37 in the city of Eveleth is designated as "Specialist Noah Pierce
Bridge." Subject to section 161.139, the commissioner shall adopt a suitable design to mark
this bridge and erect appropriate signs.
new text end
Sec. 13.
Minnesota Statutes 2016, section 161.32, subdivision 2, is amended to read:
Subd. 2.
Direct negotiation.
In cases where the estimated cost of construction work or
maintenance work does not exceed deleted text begin $150,000deleted text end new text begin $250,000new text end , the commissioner may enter into
a contract for the work by direct negotiation, by obtaining two or more quotations for the
work, and without advertising for bids or otherwise complying with the requirements of
competitive bidding if the total contractual obligation of the state for the directly negotiated
contract or contracts on any single project does not exceed deleted text begin $150,000deleted text end new text begin $250,000new text end . All quotations
obtained shall be kept on file for a period of at least one year after receipt of the quotation.
Sec. 14.
Minnesota Statutes 2017 Supplement, section 168.013, subdivision 1a, is amended
to read:
Subd. 1a.
Passenger automobile; hearse.
(a) On passenger automobiles as defined in
section 168.002, subdivision 24, and hearses, except as otherwise provided, the tax is $10
plus an additional tax equal to 1.25 percent of the base value.
(b) Subject to the classification provisions herein, "base value" means the manufacturer's
suggested retail price of the vehicle including destination charge using list price information
published by the manufacturer or determined by the registrar if no suggested retail price
exists, and shall not include the cost of each accessory or item of optional equipment
separately added to the vehicle and the suggested retail price.new text begin In the case of the first
registration of a new vehicle sold or leased by a licensed dealer, the dealer may elect to
individually determine the base value of the vehicle using suggested retail price information
provided by the manufacturer. The registrar must use the base value determined by the
dealer to properly classify the vehicle. A dealer that elects to make the determination must
retain a copy of the suggested retail price label or other supporting documentation with the
vehicle transaction records maintained under Minnesota Rules, part 7400.5200.
new text end
(c) If the manufacturer's list price information contains a single vehicle identification
number followed by various descriptions and suggested retail prices, the registrar shall
select from those listings only the lowest price for determining base value.
(d) If unable to determine the base value because the vehicle is specially constructed,
or for any other reason, the registrar may establish such value upon the cost price to the
purchaser or owner as evidenced by a certificate of cost but not including Minnesota sales
or use tax or any local sales or other local tax.
(e) The registrar shall classify every vehicle in its proper base value class as follows:
| FROM | TO | ||
| $ | 0 | $ 199.99 | |
| $ | 200 | $ 399.99 | |
and thereafter a series of classes successively set in brackets having a spread of $200
consisting of such number of classes as will permit classification of all vehicles.
(f) The base value for purposes of this section shall be the middle point between the
extremes of its class.
(g) The registrar shall establish the base value, when new, of every passenger automobile
and hearse registered prior to the effective date of Extra Session Laws 1971, chapter 31,
using list price information published by the manufacturer or any nationally recognized
firm or association compiling such data for the automotive industry. If unable to ascertain
the base value of any registered vehicle in the foregoing manner, the registrar may use any
other available source or method. The registrar shall calculate tax using base value
information available to dealers and deputy registrars at the time the application for
registration is submitted. The tax on all previously registered vehicles shall be computed
upon the base value thus determined taking into account the depreciation provisions of
paragraph (h).
(h) The annual additional tax must be computed upon a percentage of the base value as
follows: during the first year of vehicle life, upon 100 percent of the base value; for the
second year, 90 percent of such value; for the third year, 80 percent of such value; for the
fourth year, 70 percent of such value; for the fifth year, 60 percent of such value; for the
sixth year, 50 percent of such value; for the seventh year, 40 percent of such value; for the
eighth year, 30 percent of such value; for the ninth year, 20 percent of such value; for the
tenth year, ten percent of such value; for the 11th and each succeeding year, the sum of $25.
(i) In no event shall the annual additional tax be less than $25.
(j) For any vehicle previously registered in Minnesota and regardless of prior ownership,
the total amount due under this subdivision and subdivision 1m must not exceed the smallest
total amount previously paid or due on the vehicle.
Sec. 15.
Minnesota Statutes 2016, section 168.013, subdivision 6, is amended to read:
Subd. 6.
Listing by dealers.
new text begin (a) new text end The owner of every motor vehicle not exempted by
section 168.012 or 168.28deleted text begin , shalldeleted text end new text begin mustnew text end , so long as it is subject to taxation within the state,
new text begin annually new text end list deleted text begin anddeleted text end new text begin ,new text end register deleted text begin the samedeleted text end new text begin ,new text end and pay the tax deleted text begin herein provided annually; provided,
however, that any dealer indeleted text end new text begin under this section.
new text end
new text begin (b) A new text end motor deleted text begin vehicles, to whom dealer's plates havedeleted text end new text begin vehicle dealer that hasnew text end been issued
deleted text begin as provided indeleted text end new text begin dealer's plates undernew text end this chapterdeleted text begin , comingdeleted text end new text begin and comesnew text end into the possession of
deleted text begin any suchdeleted text end new text begin anew text end motor vehicle to be held solely for deleted text begin the purpose ofdeleted text end sale or demonstration or bothdeleted text begin ,
shall bedeleted text end new text begin isnew text end entitled to withhold the tax new text begin due on the vehicle from the prior registration period
or new text end becoming due deleted text begin on such vehicledeleted text end for the following yearnew text begin , and no lien for registration tax as
provided in section 168.31, subdivision 6, attachesnew text end . Whendeleted text begin , thereafter, suchdeleted text end new text begin thenew text end vehicle is
deleted text begin otherwisedeleted text end new text begin subsequentlynew text end used or deleted text begin isdeleted text end sold, leased, or rented to another person, firm, corporation,
or association, the tax for the remainder of the year, prorated on a monthly basis, deleted text begin shall
becomedeleted text end new text begin becomesnew text end payable immediately.
Sec. 16.
Minnesota Statutes 2016, section 168.10, subdivision 1h, is amended to read:
Subd. 1h.
Collector military vehicle.
(a) A motor vehicle, including a truck, deleted text begin shalldeleted text end new text begin mustnew text end
be listed and registered under this section if it meets the following conditions:
(1) it is at least 20 years old;
(2) its first owner following its manufacture was a branch of the armed forces of the
United States and it presently conforms to the vehicle specifications required during the
time of military ownership, or it has been restored and presently conforms to the
specifications required by a branch of the armed forces for the model year that the restored
vehicle could have been owned by that branch of the armed forces; and
(3) it is owned by a nonprofit organization and operated solely as a collector's vehicle.
For purposes of this subdivision, "nonprofit organization" means a corporation, society,
association, foundation, or institution organized and operated exclusively for historical or
educational purposes, no part of the net earnings of which inures to the benefit of a private
individual.
(b) The owner of the vehicle deleted text begin shalldeleted text end new text begin mustnew text end execute an affidavit stating the name and address
of the person from whom purchased and of the new owner; the make, year, and model
number of the motor vehicle; the manufacturer's identification number; and the collector
military vehicle identification number, if any, located on the exterior of the vehicle. The
affidavit must affirm that the vehicle is owned by a nonprofit organization and is operated
solely as a collector's item and not for general transportation purposes. If the commissioner
is satisfied that the affidavit is true and correct and the owner pays a $25 tax and the plate
fee authorized under section 168.12, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end list the vehicle for taxation
and registration and deleted text begin shalldeleted text end issue number plates. The number plates deleted text begin shalldeleted text end new text begin mustnew text end bear the
inscriptions "Collector" and "Minnesota" and the registration number, but no date. The
number plates are valid without renewal as long as the vehicle is in existence in Minnesota.
The commissioner may revoke the plates for failure to comply with this subdivision.
(c) Notwithstanding section 168.09, 168.12, or other law to the contrary, the owner of
a registered collector military vehicle is not required to display registration plates on the
exterior of the vehicle if the vehicle has an exterior number identification that conforms to
the identifying system for military vehicles in effect when the vehicle was last owned by
the branch of the armed forces of the United States or in effect in the year to which the
collector military vehicle has been restored. However, the state registration plates must be
carried in or on the collector military vehicle at all times.
(d) The owner of a registered collector military vehicle that is not required to display
registration plates under paragraph (c) may tow a registered trailer behind it. The trailer is
not required to display registration plates if the trailer:
(1) does not exceed a gross weight of 15,000 pounds;
(2) otherwise conforms to registration, licensing, and safety laws and specifications;
(3) conforms to military specifications for appearance and identification;
(4) is intended to represent and does represent a military trailer; and
(5) carries registration plates on or in the trailer or the collector military vehicle towing
the trailer.
new text begin (e) This subdivision does not apply to a decommissioned military vehicle that (1) was
also manufactured and sold as a comparable civilian vehicle, and (2) has the same size
dimensions and vehicle weight as the comparable civilian vehicle. A decommissioned
military vehicle under this paragraph is eligible for a motor vehicle title under chapter 168A
and is subject to the same registration, insurance, equipment, and operating requirements
as a motor vehicle.
new text end
Sec. 17.
Minnesota Statutes 2016, section 168.101, subdivision 2a, is amended to read:
Subd. 2a.
Failure to deleted text begin send to registrardeleted text end new text begin submitnew text end within ten days.
Any person who fails
to mail in the application for registration or transfer with appropriate taxes and fees to thenew text begin
registrar or a deputynew text end registrar deleted text begin of motor vehiclesdeleted text end new text begin ,new text end or otherwise fails to submit deleted text begin saiddeleted text end new text begin thenew text end forms
and remittance deleted text begin to the registrardeleted text end new text begin ,new text end within ten days following date of sale deleted text begin shall bedeleted text end new text begin isnew text end guilty of a
misdemeanor.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2019.
new text end
Sec. 18.
Minnesota Statutes 2016, section 168.127, subdivision 4, is amended to read:
Subd. 4.
Filing registration applications.
Initial fleet applications for registration and
renewals must be filed with the registrar or deleted text begin authorizeddeleted text end new text begin a new text end deputy registrar.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2019.
new text end
Sec. 19.
Minnesota Statutes 2016, section 168.127, subdivision 6, is amended to read:
Subd. 6.
Fee.
deleted text begin Instead of the filing fee described in section 168.33, subdivision 7,deleted text end new text begin For
each vehicle in the fleet,new text end the applicant for fleet registration deleted text begin shalldeleted text end new text begin mustnew text end paynew text begin :
new text end
new text begin (1) the filing fee in section 168.33, subdivision 7, for transactions processed by a deputy
registrar; or
new text end
new text begin (2)new text end an deleted text begin equivalentdeleted text end administrative fee deleted text begin to the commissioner for each vehicle in the fleet.deleted text end new text begin
for transactions processed by the registrar, which is imposed in lieu of but in the same
amount as the filing fee in section 168.33, subdivision 7.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2019.
new text end
Sec. 20.
Minnesota Statutes 2016, section 168.27, is amended by adding a subdivision to
read:
new text begin Subd. 32.new text end
new text begin Multiple licenses.new text end
new text begin If a single legal entity holds more than one new or used
vehicle dealer license, new and used vehicles owned by the entity may be held and offered
for sale at any of the licensed dealership locations without assigning vehicle ownership or
title from one licensee to another. This subdivision does not authorize the sale or offering
for sale of new vehicles by a licensee that is not authorized by the manufacturer to sell that
make of new vehicles.
new text end
Sec. 21.
Minnesota Statutes 2016, section 168.27, is amended by adding a subdivision to
read:
new text begin Subd. 33.new text end
new text begin Designated dealer title and registration liaison.new text end
new text begin The registrar must designate
by name and provide contact information for one or more department employees as needed
to (1) promptly and effectively respond to questions from licensed dealers, and (2)
troubleshoot dealer issues related to vehicle titling and registration.
new text end
Sec. 22.
Minnesota Statutes 2016, section 168.301, subdivision 3, is amended to read:
Subd. 3.
Late fee.
In addition to any fee or tax otherwise authorized or imposed upon
the transfer of title for a motor vehicle, the deleted text begin commissioner of public safety shalldeleted text end new text begin registrar
mustnew text end impose a $2 additional fee for failure to deliver a title transfer within ten business
days.new text begin This subdivision does not apply to transfers from licensed vehicle dealers.
new text end
Sec. 23.
Minnesota Statutes 2016, section 168.326, is amended to read:
168.326 EXPEDITED DRIVER AND VEHICLE SERVICES; FEE.
(a) When an applicant requests and pays an expedited service fee of $20, in addition to
other specified and statutorily mandated fees and taxes, the deleted text begin commissionerdeleted text end new text begin registrar or, if
appropriate, a driver's license agent or deputy registrar,new text end shall expedite the processing of an
application for a driver's license, driving instruction permit, Minnesota identification card,
or vehicle title transaction.
(b) A driver's license agent or deputy registrar may retain $10 of the expedited service
fee for each expedited service request processed by the licensing agent or deputy registrar.
(c) When expedited service is requested, materials must be mailed or delivered to the
requester within three days of receipt of the expedited service fee excluding Saturdays,
Sundays, or the holidays listed in section 645.44, subdivision 5. The requester deleted text begin shalldeleted text end new text begin mustnew text end
comply with all relevant requirements of the requested document.
(d) The deleted text begin commissionerdeleted text end new text begin registrarnew text end may decline to accept an expedited service request if it
is apparent at the time it is made that the request cannot be granted.new text begin The commissioner must
not decline an expedited service request and must not prevent a driver's license agent or
deputy from accepting an expedited service request solely on the basis of limitations of the
driver and vehicle services information technology system.
new text end
(e) The expedited service fees collected under this section for an application for a driver's
license, driving instruction permit, or Minnesota identification card minus any portion
retained by a licensing agent or deputy registrar under paragraph (b) must be paid into the
driver services operating account in the special revenue fund specified under section
299A.705.
(f) The expedited service fees collected under this section for a transaction for a vehicle
service minus any portion retained by a licensing agent or deputy registrar under paragraph
(b) must be paid into the vehicle services operating account in the special revenue fund
specified under section 299A.705.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective November 1, 2019.
new text end
Sec. 24.
Minnesota Statutes 2016, section 168.33, subdivision 8a, is amended to read:
Subd. 8a.
Electronic transmission.
new text begin (a) new text end If the commissioner accepts electronic
transmission of a motor vehicle transfer and registration by a new or used motor vehicle
dealer, a deputy registrar who is equipped with electronic transmission technology and
trained in its use shall receive the filing fee provided for in subdivision 7 and review the
transfer of each new or used motor vehicle to determine its genuineness and regularity
before issuance of a certificate of title, and shall receive and retain the filing fee under
subdivision 7, paragraph (a), clause deleted text begin (ii)deleted text end new text begin (2)new text end .
new text begin (b) The commissioner must establish reasonable performance, security, technical, and
financial standards to approve companies that provide computer software and services to
motor vehicle dealers to electronically transmit vehicle title transfer and registration
information. An approved company must be offered access to department facilities, staff,
and technology on a fair and reasonable basis.
new text end
Sec. 25.
Minnesota Statutes 2016, section 168.33, is amended by adding a subdivision to
read:
new text begin Subd. 8b.new text end
new text begin Transactions by mail.new text end
new text begin A deputy registrar may receive motor vehicle
applications and submissions under this chapter and chapter 168A by mail, process the
transactions, and retain the appropriate filing fee under subdivision 7.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2019.
new text end
Sec. 26.
Minnesota Statutes 2016, section 168.345, subdivision 2, is amended to read:
Subd. 2.
Lessees; information.
The commissioner may not furnish information about
registered owners of passenger automobiles who are lessees under a lease for a term of 180
days or more to any person except the personnel of law enforcement agencies deleted text begin anddeleted text end new text begin , trade
associations performing a member service under section 604.15, subdivision 4a,new text end federal,
state, and local governmental units, and, at the commissioner's discretion, to persons who
use the information to notify lessees of automobile recalls. The commissioner may release
information about lessees in the form of summary data, as defined in section 13.02, to
persons who use the information in conducting statistical analysis and market research.
Sec. 27.
Minnesota Statutes 2016, section 168.346, subdivision 1, is amended to read:
Subdivision 1.
Vehicle registration data; federal compliance.
(a) Data on an individual
provided to register a vehicle shall be treated as provided by United States Code, title 18,
section 2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted
by that section. new text begin The commissioner is prohibited from restricting the uses for which a licensed
dealer may obtain data as permitted by United States Code, title 18, section 2721, subsections
(b)(2), (3), (7), and (13). new text end The commissioner shall disclose the data in bulk form to an
authorized recipient upon request for any of the permissible uses described in United States
Code, title 18, section 2721.
(b) The registered owner of a vehicle who is an individual may consent in writing to the
commissioner to disclose the individual's personal information exempted by United States
Code, title 18, section 2721, to any person who makes a written request for the personal
information. If the registered owner is an individual and so authorizes disclosure, the
commissioner shall implement the request.
(c) If authorized by the registered owner as indicated in paragraph (b), the registered
owner's personal information may be used, rented, or sold solely for bulk distribution by
organizations for business purposes including surveys, marketing, or solicitation.
Sec. 28.
Minnesota Statutes 2016, section 168A.02, subdivision 1, is amended to read:
Subdivision 1.
Application for certificate of title.
new text begin (a) new text end Except as provided in section
168A.03, every owner of a vehicle which is in this state and for which no currently effective
certificate of title has been issued in this state deleted text begin shall make applicationdeleted text end new text begin must applynew text end to the
department for a certificate of title of the vehicle, pursuant to rules adopted by the department
under section 168A.24, subdivision 2, clause deleted text begin 3deleted text end new text begin (3)new text end .
new text begin (b) A decommissioned military vehicle that (1) was also manufactured and sold as a
comparable civilian vehicle, and (2) has the same size dimensions and vehicle weight as
the comparable civilian vehicle, is eligible for a certificate of title under this chapter.
new text end
Sec. 29.
Minnesota Statutes 2016, section 168A.12, subdivision 2, is amended to read:
Subd. 2.
Owner's interest terminated or vehicle sold by secured party.
If the interest
of the owner is terminated or the vehicle is sold under a security agreement by a secured
party named in the certificate of titlenew text begin or an assignee of the secured partynew text end , the transferee deleted text begin shalldeleted text end new text begin
mustnew text end promptly mail or deliver to the department the last certificate of title, if available, an
application for a new certificate in the format the department prescribes, and an affidavit
made by or on behalf of the secured party new text begin or assignee new text end that the interest of the owner was
lawfully terminated or the vehicle sold pursuant to the terms of the security agreement. If
the secured party new text begin or assignee new text end succeeds to the interest of the owner and holds the vehicle for
resale, the secured party new text begin or assignee new text end need not secure a new certificate of titlenew text begin ;new text end provided that
a notice thereof in a format designated by the department is mailed or delivered by the
secured party new text begin or assignee new text end to the department in duplicate within 48 hours, but upon transfer
to another person the secured party new text begin or assignee new text end shall promptly execute assignment and
warranty of title and mail or deliver to the transferee or the department the certificate, if
available, the affidavit, and other documents required to be sent to the department by the
transferee.
Sec. 30.
Minnesota Statutes 2016, section 168A.151, subdivision 1, is amended to read:
Subdivision 1.
Salvage titles.
(a) When an insurer, licensed to conduct business in
Minnesota, acquires ownership of a deleted text begin late-model or high-valuedeleted text end vehicle through payment of
damages, the insurer deleted text begin shalldeleted text end new text begin mustnew text end immediately apply for a salvage certificate of title or deleted text begin shalldeleted text end new text begin
mustnew text end stamp the existing certificate of title with the legend "SALVAGE CERTIFICATE OF
TITLE" in a manner prescribed by the department. Within ten days of obtaining the title of
a vehicle through payment of damages, an insurer must notify the department in a manner
prescribed by the department.
(b) A person deleted text begin shalldeleted text end new text begin mustnew text end immediately apply for a salvage certificate of title if the person
acquires a damaged deleted text begin late-model or high-valuedeleted text end vehicle with an out-of-state title and the
vehicle:
(1) is a vehicle that was acquired by an insurer through payment of damages;
(2) is a vehicle for which the cost of repairs exceeds the value of the damaged vehicle;
or
(3) has an out-of-state salvage certificate of title as proof of ownership.
(c) A self-insured owner of a deleted text begin late-model or high-valuedeleted text end vehicle that sustains damage by
collision or other occurrence which exceeds 80 percent of its actual cash value deleted text begin shalldeleted text end new text begin mustnew text end
immediately apply for a salvage certificate of title.
Sec. 31.
Minnesota Statutes 2016, section 168A.17, is amended by adding a subdivision
to read:
new text begin Subd. 4.new text end
new text begin Notice of perfection by dealer.new text end
new text begin When a security interest in a vehicle sold by
a dealer licensed under section 168.27 is perfected under subdivision 2, the dealer may
provide a statement of perfection to the secured party on a form provided by the department.
The statement must certify compliance with subdivision 2 and contain the date of delivery
to the department. The information provided in the dealer's statement is considered prima
facie evidence of the facts contained in it.
new text end
Sec. 32.
new text begin [168A.241] MOTOR VEHICLE TITLE AND REGISTRATION ADVISORY
COMMITTEE.
new text end
new text begin Subdivision 1.new text end
new text begin Members.new text end
new text begin (a) The Motor Vehicle Title and Registration Advisory
Committee consists of the following 13 members:
new text end
new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end
new text begin (2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end
new text begin (3) one representative from the Minnesota Deputy Registrar's Association;
new text end
new text begin (4) one representative from the Minnesota Automobile Dealers Association;
new text end
new text begin (5) one representative from the Northland Independent Automobile Dealers Association;
new text end
new text begin (6) one staff member from the Department of Public Safety Driver and Vehicle Services
Division;
new text end
new text begin (7) two representatives from deputy registrars, appointed by the commissioner;
new text end
new text begin (8) two representatives from dealers licensed under section 168.27, appointed by the
commissioner; and
new text end
new text begin (9) one representative who performs auctions exclusively for dealers licensed under
section 168.27 and not for the general public, appointed by the commissioner following
consultation with eligible auto auction businesses.
new text end
new text begin (b) Section 15.059 governs the Motor Vehicle Title and Registration Advisory Committee,
except that committee members must not receive compensation for serving on the advisory
committee.
new text end
new text begin Subd. 2.new text end
new text begin Organization.new text end
new text begin (a) The members of the advisory committee must annually elect
a chair and other officers as the members deem necessary.
new text end
new text begin (b) The advisory committee must meet at least two times per year.
new text end
new text begin Subd. 3.new text end
new text begin Open meetings.new text end
new text begin The advisory committee is subject to chapter 13D. An advisory
committee meeting occurs when a quorum is present and the members receive information,
discuss, or take action on any matter relating to the advisory committee's duties. The advisory
committee may conduct meetings as provided in section 13D.015 or 13D.02. The advisory
committee may conduct meetings at any location in the state that is appropriate for the
purposes of the advisory committee, provided the location is open and accessible to the
public. For legislative members of the advisory committee, enforcement of this subdivision
is governed by section 3.055, subdivision 2. For nonlegislative members of the advisory
committee, enforcement of this subdivision is governed by section 13D.06, subdivisions 1
and 2.
new text end
new text begin Subd. 4.new text end
new text begin Staff.new text end
new text begin The commissioner must provide support staff, office space, and
administrative services to the advisory committee.
new text end
new text begin Subd. 5.new text end
new text begin Duties.new text end
new text begin The advisory committee's duties include but are not limited to:
new text end
new text begin (1) serving in an advisory capacity to the commissioner of public safety and the director
of driver and vehicle services on matters relevant to:
new text end
new text begin (i) effective and efficient systems relating to the ownership, transfer, and registration of
motor vehicles; and
new text end
new text begin (ii) planning and implementing future changes and enhancements to vehicle registration
systems; and
new text end
new text begin (2) reviewing and making recommendations with respect to work plans, policy initiatives,
major activities, and strategic planning.
new text end
new text begin Subd. 6.new text end
new text begin Report and recommendations.new text end
new text begin By February 15 each year, the commissioner
must prepare and submit to the chairs and ranking minority members of the committees of
the house of representatives and the senate with jurisdiction over motor vehicle title and
registration a report that summarizes the advisory committee's activities, issues identified
by the advisory committee, methods taken to address the issues, and recommendations for
legislative action, if needed.
new text end
new text begin Subd. 7.new text end
new text begin Expiration.new text end
new text begin The advisory committee expires June 30, 2021.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective July 1, 2018. The
initial report under subdivision 6 must be submitted on or before February 15, 2019.
new text end
Sec. 33.
Minnesota Statutes 2016, section 168A.29, subdivision 1, is amended to read:
Subdivision 1.
Amounts.
(a) The department must be paid the following fees:
(1) for filing an application for and the issuance of an original certificate of title, deleted text begin the
sum of:
deleted text end
deleted text begin (i) until December 31, 2016, $6.25 of which $3.25 must be paid into the vehicle services
operating account of the special revenue fund under section 299A.705, and from July 1,
2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver
and vehicle services technology account; and
deleted text end
deleted text begin (ii) on and after January 1, 2017,deleted text end $8.25new text begin ,new text end of which $4.15 must be paid into the vehicle
services operating accountnew text begin under section 299A.705new text end ;
(2) for each security interest when first noted upon a certificate of title, including the
concurrent notation of any assignment thereof and its subsequent release or satisfaction, deleted text begin the
sum ofdeleted text end $2, except that no fee is due for a security interest filed by a public authority under
section 168A.05, subdivision 8;
deleted text begin (3) until December 31, 2016, for the transfer of the interest of an owner and the issuance
of a new certificate of title, the sum of $5.50 of which $2.50 must be paid into the vehicle
services operating account of the special revenue fund under section 299A.705, and from
July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to
the driver and vehicle services technology account;
deleted text end
deleted text begin (4)deleted text end new text begin (3) new text end for each assignment of a security interest when first noted on a certificate of title,
unless noted concurrently with the security interest, deleted text begin the sum ofdeleted text end $1; and
deleted text begin (5)deleted text end new text begin (4)new text end for issuing a duplicate certificate of title, deleted text begin the sum ofdeleted text end $7.25new text begin ,new text end of which $3.25 must
be paid into the vehicle services operating account deleted text begin of the special revenue funddeleted text end under section
299A.705deleted text begin ; from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee
and credited to the driver and vehicle services technology accountdeleted text end .
(b) In addition to the fee required under paragraph (a), clause (1), the department must
be paid $3.50. The additional $3.50 fee collected under this paragraph must be deposited
in the special revenue fund and credited to the public safety motor vehicle account established
in section 299A.70.
Sec. 34.
Minnesota Statutes 2016, section 169.011, subdivision 5, is amended to read:
Subd. 5.
Bicycle lane.
"Bicycle lane" means a portion of a roadway deleted text begin or shoulderdeleted text end designed
for exclusive or preferential use by persons using bicycles. Bicycle lanes are to be
distinguished from the portion of the roadway deleted text begin or shoulderdeleted text end used for motor vehicle traffic by
physical barrier, striping, marking, or other similar device.
Sec. 35.
Minnesota Statutes 2016, section 169.011, subdivision 9, is amended to read:
Subd. 9.
Bikeway.
"Bikeway" means a bicycle lane, bicycle path, deleted text begin ordeleted text end bicycle route,new text begin shared
use path, or similar bicycle facility,new text end regardless of whether it is designed for the exclusive
use of bicycles or deleted text begin is to bedeleted text end new text begin fornew text end sharednew text begin usenew text end with other transportation modes.
Sec. 36.
Minnesota Statutes 2016, section 169.011, subdivision 60, is amended to read:
Subd. 60.
Railroad train.
"Railroad train" means a steam engine, electric or other motor,
with or without cars coupled thereto, operated upon rails, except streetcars.new text begin Railroad train
includes on-track equipment or other rolling stock operated upon rails, whether self-propelled
or coupled to another device, if the on-track equipment or rolling stock activates grade
crossing warning signals or gates when signals are present.
new text end
Sec. 37.
Minnesota Statutes 2016, section 169.14, subdivision 5, is amended to read:
Subd. 5.
Zoning within local area.
new text begin (a) new text end When local authorities believe that the existing
speed limit upon any street or highway, or part thereof, within their respective jurisdictions
and not a part of the trunk highway system is greater or less than is reasonable or safe under
existing conditions, they may request the commissioner to authorize, upon the basis of an
engineering and traffic investigation, the erection of appropriate signs designating what
speed is reasonable and safe, and the commissioner may authorize the erection of appropriate
signs designating a reasonable and safe speed limit thereat, which speed limit shall be
effective when such signs are erected. Any speeds in excess of these speed limits shall be
prima facie evidence that the speed is not reasonable or prudent and that it is unlawful;
except that any speed limit within any municipality shall be a maximum limit and any speed
in excess thereof shall be unlawful. Alteration of speed limits on streets and highways shall
be made only upon authority of the commissioner except as provided in subdivision 5a.
new text begin (b) At the request of a county board, the commissioner may establish a speed limit in
excess of 55 miles per hour on a county road or county state-aid highway upon the basis of
an engineering and traffic investigation. The county engineer must erect appropriate signs
and the increased speed limit is effective when the signs are erected.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 38.
Minnesota Statutes 2016, section 169.18, subdivision 3, is amended to read:
Subd. 3.
Passing.
deleted text begin The following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations, exceptions, and special rules
hereinafter stated:
deleted text end
deleted text begin (1)deleted text end new text begin (a)new text end The driver of a vehicle overtaking another vehicle proceeding in the same direction
deleted text begin shalldeleted text end new text begin mustnew text end pass to the left deleted text begin thereofdeleted text end new text begin of the other vehiclenew text end at a safe distance and deleted text begin shall not again
drivedeleted text end new text begin is prohibited from returningnew text end to the right side of the roadway until safely clear of the
overtaken vehicledeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (2)deleted text end new text begin (b)new text end Except when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle deleted text begin shalldeleted text end new text begin mustnew text end give way to the right in favor of the overtaking vehicle deleted text begin on
audible warning,deleted text end and deleted text begin shalldeleted text end new text begin mustnew text end not increase deleted text begin thedeleted text end speed deleted text begin of the overtaken vehicledeleted text end until
completely passed by the overtaking vehicledeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin (3)deleted text end new text begin (c)new text end The operator of a motor vehicle overtaking a bicycle or individual proceeding in
the same direction on the roadway deleted text begin shall leavedeleted text end new text begin or shoulder must:
new text end
new text begin (1) either (i) maintainnew text end a safenew text begin clearancenew text end distancenew text begin while passingnew text end , but in no case less than
three feet deleted text begin clearance, when passing the bicycle or individualdeleted text end new text begin or one-half the width of the
motor vehicle, whichever is greater; or (ii) completely enter another lane of the roadway
while passing;new text end and deleted text begin shall
deleted text end
new text begin (2)new text end maintain clearance untilnew text begin the motor vehicle hasnew text end safely deleted text begin pastdeleted text end new text begin passednew text end the overtaken bicycle
or individual.
Sec. 39.
Minnesota Statutes 2017 Supplement, section 169.18, subdivision 7, is amended
to read:
Subd. 7.
Laned highway.
When any roadway has been divided into two or more clearly
marked lanes for traffic, the following rules, in addition to all others consistent deleted text begin herewithdeleted text end new text begin
with this subdivisionnew text end , deleted text begin shalldeleted text end apply:
deleted text begin (a)deleted text end new text begin (1)new text end a vehicle shall be driven as nearly as practicable entirely within a single lane and
deleted text begin shalldeleted text end new text begin mustnew text end not be moved from deleted text begin suchdeleted text end new text begin thenew text end lane until the driver has first ascertained that deleted text begin suchdeleted text end new text begin
thenew text end movement can be made with safetydeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (b)deleted text end new text begin (2)new text end upon a roadway which is not a one-way roadway and which is divided into three
lanes, a vehicle deleted text begin shalldeleted text end new text begin mustnew text end not be driven in the center lane except when overtaking and
passing another vehicle where the roadway is clearly visible and deleted text begin suchdeleted text end new text begin thenew text end center lane is
clear of traffic within a safe distance, or in preparation for a left turn or where deleted text begin suchdeleted text end new text begin thenew text end
center lane is at the time allocated exclusively to traffic moving in the direction the vehicle
is proceeding, and is signposted to give notice of deleted text begin suchdeleted text end new text begin thenew text end allocation. The left lane of a
three-lane roadway which is not a one-way roadway deleted text begin shalldeleted text end new text begin mustnew text end not be used for overtaking
and passing another vehicledeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (c)deleted text end new text begin (3)new text end official signs may be erected directing slow-moving traffic to use a designated
lane or allocating specified lanes to traffic moving in the same direction, and drivers of
vehicles deleted text begin shalldeleted text end new text begin mustnew text end obey the deleted text begin directions of every suchdeleted text end signdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (d)deleted text end new text begin (4)new text end whenever a bicycle lane has been established on a roadway, any person operating
a motor vehicle on deleted text begin suchdeleted text end new text begin thenew text end roadway deleted text begin shalldeleted text end new text begin mustnew text end not drive in the bicycle lane except to
perform parking maneuvers in order to park where parking is permitted, to enter or leave
the highway, to prepare for a turn as provided in section 169.19, subdivision 1, or to stop
a school bus for the purpose of receiving or discharging any person provided the school bus
is equipped and identified as provided in sections 169.441 and 169.442, subdivision 1, and
the flashing red signals are activated and stop-signal arm is extendeddeleted text begin .deleted text end new text begin ; and
new text end
new text begin (5) notwithstanding clause (1), the operator of a vehicle or combination of vehicles with
a total length exceeding 40 feet or a total width exceeding ten feet may, with due regard for
all other traffic, deviate from the lane in which the operator is driving to the extent necessary
to approach and drive through a roundabout.
new text end
Sec. 40.
Minnesota Statutes 2016, section 169.18, subdivision 10, is amended to read:
Subd. 10.
Slow-moving vehicle.
deleted text begin Upon all roadways anydeleted text end new text begin (a) A person operating a new text end vehicle
deleted text begin proceedingdeleted text end at less than the deleted text begin normaldeleted text end speed of traffic deleted text begin at the time and place anddeleted text end under the
new text begin existing new text end conditions deleted text begin then existing shall be drivendeleted text end new text begin must drive new text end in the right-hand lane deleted text begin then
available for traffic,deleted text end or as close as practicable to the right-hand curb or edge of the roadwaydeleted text begin ,
except whendeleted text end new text begin . A person who violates this paragraph must pay a fine of not less than $100.
new text end
new text begin (b) Paragraph (a) does not apply if:
new text end
new text begin (1) the vehicle is new text end overtaking and passing another vehicle proceeding in the same directiondeleted text begin ,
or whendeleted text end new text begin ;
new text end
new text begin (2) the vehicle is new text end preparing deleted text begin for a leftdeleted text end new text begin tonew text end turn new text begin left new text end at an intersection or into a private road
or drivewaydeleted text begin , or whendeleted text end new text begin ;
new text end
new text begin (3) new text end a specific lane is designated and posted for a specific type of trafficdeleted text begin .deleted text end new text begin ; or
new text end
new text begin (4) the vehicle is preparing to exit a controlled access highway by using an exit on the
left side of the road.
new text end
Sec. 41.
Minnesota Statutes 2016, section 169.18, subdivision 11, is amended to read:
Subd. 11.
Passing parked emergency vehicle; citation; probable cause.
(a) When
approaching and before passing an authorized emergency vehicle with its emergency lights
activated that is parked or otherwise stopped on or next to a street or highway having two
lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane
farthest away from the emergency vehicle, if it is possible to do so.new text begin If a lane change under
this paragraph is impossible, the driver of the vehicle must reduce the speed of the motor
vehicle to a speed that is reasonable and prudent under the conditions until the motor vehicle
has completely passed the parked or stopped emergency vehicle, if it is possible to do so.
new text end
(b) When approaching and before passing an authorized emergency vehicle with its
emergency lights activated that is parked or otherwise stopped on or next to a street or
highway having more than two lanes in the same direction, the driver of a vehicle shall
safely move the vehicle so as to leave a full lane vacant between the driver and any lane in
which the emergency vehicle is completely or partially parked or otherwise stopped, if it is
possible to do so.new text begin If a lane change under this paragraph is impossible, the driver of the
vehicle must reduce the speed of the motor vehicle to a speed that is reasonable and prudent
under the conditions until the motor vehicle has completely passed the parked or stopped
emergency vehicle, if it is possible to do so.
new text end
new text begin (c) When approaching and before passing an authorized emergency vehicle with its
emergency lights activated that is parked or otherwise stopped on or next to a street or
highway having only one lane in the same direction, the driver of the vehicle must reduce
the speed of the motor vehicle to a speed that is reasonable and prudent under the conditions
until the motor vehicle has completely passed the parked or stopped emergency vehicle, if
it is possible to do so.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end A peace officer may issue a citation to the driver of a motor vehicle if the peace
officer has probable cause to believe that the driver has operated the vehicle in violation of
this subdivision within the four-hour period following the termination of the incident or a
receipt of a report under paragraph deleted text begin (d)deleted text end new text begin (e)new text end . The citation may be issued even though the
violation was not committed in the presence of the peace officer.
deleted text begin (d)deleted text end new text begin (e)new text end Although probable cause may be otherwise satisfied by other evidentiary elements
or factors, probable cause is sufficient for purposes of this subdivision when the person
cited is operating the vehicle described by a member of the crew of an authorized emergency
vehicle responding to an incident in a timely report of the violation of this subdivision,
which includes a description of the vehicle used to commit the offense and the vehicle's
license plate number. For the purposes of issuance of a citation under paragraph deleted text begin (c)deleted text end new text begin (d)new text end ,
"timely" means that the report must be made within a four-hour period following the
termination of the incident.
deleted text begin (e)deleted text end new text begin (f)new text end For purposes of paragraphs (a) deleted text begin and (b)deleted text end new text begin to (c)new text end only, deleted text begin the termsdeleted text end "authorized emergency
vehicle" and "emergency vehicle" include a towing vehicle defined in section 168B.011,
subdivision 12a, that has activated flashing lights authorized under section 169.64,
subdivision 3, in addition to the vehicles described in the definition for "authorized
emergency vehicle" in section 169.011, subdivision 3.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to offenses
committed on or after that date.
new text end
Sec. 42.
Minnesota Statutes 2016, section 169.18, subdivision 12, is amended to read:
Subd. 12.
Passing certain parked vehicles.
(a) When approaching and before passing
a freeway service patrol vehicle, road maintenance vehicle, utility company vehicle, or
construction vehicle with its warning lights activated that is parked or otherwise stopped
on or next to a street or highway having two lanes in the same direction, the driver of a
vehicle shall safely move the vehicle to the lane farthest away from the parked or stopped
vehicle, if it is possible to do so.new text begin If a lane change under this paragraph is impossible, the
driver of the vehicle must reduce the speed of the motor vehicle to a speed that is reasonable
and prudent under the conditions until the motor vehicle has completely passed the parked
or stopped freeway service patrol vehicle, road maintenance vehicle, utility company vehicle,
or construction vehicle, if it is possible to do so.
new text end
(b) When approaching and before passing a freeway service patrol vehicle, road
maintenance vehicle, utility company vehicle, or construction vehicle with its warning lights
activated that is parked or otherwise stopped on or next to a street or highway having more
than two lanes in the same direction, the driver of a vehicle shall safely move the vehicle
so as to leave a full lane vacant between the driver and any lane in which the vehicle is
completely or partially parked or otherwise stopped, if it is possible to do so.new text begin If a lane change
under this paragraph is impossible, the driver of the vehicle must reduce the speed of the
motor vehicle to a speed that is reasonable and prudent under the conditions until the motor
vehicle has completely passed the parked or stopped freeway service patrol vehicle, road
maintenance vehicle, utility company vehicle, or construction vehicle, if it is possible to do
so.
new text end
new text begin (c) When approaching and before passing a freeway service patrol vehicle, road
maintenance vehicle, utility company vehicle, or construction vehicle with its warning lights
activated that is parked or otherwise stopped on or next to a street or highway having only
one lane in the same direction, the driver of the vehicle must reduce the speed of the motor
vehicle to a speed that is reasonable and prudent under the conditions until the motor vehicle
has completely passed the parked or stopped freeway service patrol vehicle, road maintenance
vehicle, utility company vehicle, or construction vehicle, if it is possible to do so.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to offenses
committed on or after that date.
new text end
Sec. 43.
Minnesota Statutes 2016, section 169.20, is amended by adding a subdivision to
read:
new text begin Subd. 8.new text end
new text begin Roundabouts.new text end
new text begin If two vehicles or combinations of vehicles each having a total
length exceeding 40 feet or a total width exceeding ten feet approach or drive through a
roundabout at approximately the same time or so closely as to constitute a hazard of collision,
the operator of the vehicle or combination of vehicles on the right must yield the right-of-way
to the vehicle or combination of vehicles on the left and, if necessary, must reduce speed
or stop in order to so yield.
new text end
Sec. 44.
Minnesota Statutes 2016, section 169.222, subdivision 1, is amended to read:
Subdivision 1.
Traffic laws apply.
new text begin (a) new text end Every person operating a bicycle deleted text begin shall havedeleted text end new text begin hasnew text end
all of the rights and duties applicable to the driver of any other vehicle by this chapter,
except in respect to those provisions in this chapter relating expressly to bicycles and in
respect to those provisions of this chapter which by their nature cannot reasonably be applied
to bicycles.new text begin This subdivision applies to a bicycle operating on the shoulder of a roadway.
new text end
new text begin (b) A person lawfully operating a bicycle (1) on a sidewalk, or (2) across a roadway or
shoulder on a crosswalk, has all the rights and duties applicable to a pedestrian under the
same circumstances.
new text end
Sec. 45.
Minnesota Statutes 2016, section 169.222, subdivision 4, is amended to read:
Subd. 4.
Riding rules.
(a) Every person operating a bicycle deleted text begin upon a roadway shalldeleted text end new text begin on a
road mustnew text end ride as close deleted text begin as practicabledeleted text end to the right-hand curb or edge of the deleted text begin roadway except
under any of the following situationsdeleted text end new text begin road as the bicycle operator determines is safe. A
person operating a bicycle is not required to ride as close to the right-hand curb whennew text end :
(1) deleted text begin whendeleted text end overtaking and passing another vehicle proceeding in the same direction;
(2) deleted text begin whendeleted text end preparing for a left turn at an intersection or into a private road or driveway;
(3) deleted text begin whendeleted text end reasonably necessary to avoid conditionsnew text begin that make it unsafe to continue along
the right-hand curb or edgenew text end , including fixed or moving objects, vehicles, pedestrians, animals,
surface hazards, or narrow width lanesdeleted text begin , that make it unsafe to continue along the right-hand
curb or edgedeleted text end ; deleted text begin or
deleted text end
(4) deleted text begin whendeleted text end operating on the shoulder of a roadway or in a bicycle lanenew text begin ; or
new text end
new text begin (5) operating in a right-hand turn lane before entering an intersectionnew text end .
(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle deleted text begin shalldeleted text end new text begin operator mustnew text end
travel in the same direction as adjacent vehicular traffic.
(c) Persons riding bicycles upon a roadway or shoulder deleted text begin shalldeleted text end new text begin mustnew text end not ride more than
two abreast and deleted text begin shalldeleted text end new text begin mustnew text end not impede the normal and reasonable movement of traffic and,
on a laned roadway, shall ride within a single lane.
(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
crosswalk, deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way to any pedestrian and deleted text begin shalldeleted text end give an audible
signal when necessary before overtaking and passing any pedestrian. deleted text begin Nodeleted text end new text begin Anew text end person deleted text begin shalldeleted text end new text begin
must notnew text end ride a bicycle upon a sidewalk within a business district unless permitted by local
authorities. Local authorities may prohibit the operation of bicycles on any sidewalk or
crosswalk under their jurisdiction.
(e) An individual operating a bicycle or other vehicle on a bikeway deleted text begin shalldeleted text end new text begin mustnew text end leave a
safe distance when overtaking a bicycle or individual proceeding in the same direction on
the bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.
deleted text begin (f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder
on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same
circumstances.
deleted text end
deleted text begin (g)deleted text end new text begin (f) new text end A person may operate an electric-assisted bicycle on the shoulder of a roadway,
on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015,
subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph
(b), as applicable.
new text begin (g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an
intersection proceeding from a dedicated right-hand turn lane without turning right.
new text end
Sec. 46.
Minnesota Statutes 2016, section 169.26, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
(a) Except as provided in section 169.28, subdivision 1,
when any person driving a vehicle approaches a railroad grade crossing under any of the
circumstances stated in this paragraph, the driver deleted text begin shalldeleted text end new text begin mustnew text end stop the vehicle not less than
ten feet from the nearest railroad track and shall not proceed until safe to do so and until
the roadway is clear of traffic so that the vehicle can proceed without stopping until the rear
of the vehicle is at least ten feet past the farthest railroad track. These requirements apply
when:
(1) a clearly visible electric or mechanical signal device warns of the immediate approach
of a railroad train; or
(2) an approaching railroad train is plainly visible and is in hazardous proximity.
(b) The fact that a movingnew text begin railroadnew text end train approaching a railroad grade crossing is visible
from the crossing is prima facie evidence that it is not safe to proceed.
(c) The driver of a vehicle deleted text begin shalldeleted text end new text begin mustnew text end stop and remain stopped and not traverse the grade
crossing when a human flagger signals the approach or passage of anew text begin railroadnew text end train or when
a crossing gate is lowered warning of the immediate approach or passage of a railroad train.
No person may drive a vehicle past a flagger at a railroad crossing until the flagger signals
that the way is clear to proceed or drive a vehicle past a lowered crossing gate.
Sec. 47.
Minnesota Statutes 2016, section 169.28, is amended to read:
169.28 CERTAIN VEHICLES TO STOP AT RAILROAD CROSSING.
Subdivision 1.
Requirements.
(a) The driver of any motor vehicle carrying passengers
for hire, or of any school bus whether carrying passengers or not, or of any Head Start bus
whether carrying passengers or not, or of any vehicle that is required to stop at railroad
grade crossings under Code of Federal Regulations, title 49, section 392.10, before crossing
at grade any track or tracks of a railroad, deleted text begin shalldeleted text end new text begin mustnew text end stop the vehicle not less than 15 feet
nor more than 50 feet from the nearest rail of the railroad and while deleted text begin sodeleted text end stopped deleted text begin shalldeleted text end new text begin mustnew text end
listen and look in both directions along the track for any approachingnew text begin railroadnew text end train, and for
signals indicating the approach of anew text begin railroadnew text end train, except as deleted text begin hereinafterdeleted text end new text begin otherwisenew text end provideddeleted text begin ,
and shalldeleted text end new text begin in this section. The driver mustnew text end not proceed until safe to do so and until the roadway
is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle
is at least ten feet past the farthest railroad track. The driver must not shift gears while
crossing the railroad tracks.
(b) A school bus or Head Start bus deleted text begin shalldeleted text end new text begin mustnew text end not be flagged across railroad grade
crossings except at those railroad grade crossings that the local school administrative officer
may designate.
(c) A type III vehicle, as defined in section 169.011, is exempt from the requirement of
school buses to stop at railroad grade crossings.
(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle
track or tracks that are located in a public street when:
(1) the crossing occurs within the intersection of two or more public streets;
(2) the intersection is controlled by a traffic-control signal; and
(3) the intersection is marked with signs indicating to drivers that the requirements of
this subdivision do not apply. Notwithstanding any other provision of law, the owner or
operator of the track or tracks is authorized to place, maintain, and display the signs upon
and in the view of the public street or streets.
Subd. 2.
Exempt crossing.
(a) The commissioner may designate a crossing as an exempt
crossing:
(1) if the crossing is on a rail line on which service has been abandoned;
(2) if the crossing is on a rail line that carries fewer than five trains each year, traveling
at speeds of ten miles per hour or less; or
(3) as agreed to by the operating railroad and the Department of Transportation, following
a diagnostic review of the crossing.
(b) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end direct the railroad to erect at the crossing signs bearing
the word "Exempt" that conform to section 169.06. The installation or presence of an exempt
sign does not relieve a driver of the duty to use due care.
new text begin (c) new text end Anew text begin railroadnew text end train must not proceed across an exempt crossing unless a police officer
is present to direct traffic or a railroad employee is on the ground to warn traffic until thenew text begin
railroadnew text end train enters the crossing.
deleted text begin (c)deleted text end new text begin (d)new text end A vehicle that must stop at grade crossings under subdivision 1 is not required
to stop at a marked exempt crossing unless directed otherwise by a police officer or a railroad
employee.
Sec. 48.
Minnesota Statutes 2016, section 169.29, is amended to read:
169.29 CROSSING RAILROAD TRACKS WITH CERTAIN EQUIPMENT.
(a) deleted text begin Nodeleted text end new text begin Anew text end person deleted text begin shalldeleted text end new text begin must notnew text end operate or move any caterpillar tractor, steam shovel,
derrick, roller, or any equipment or structure having a normal operating speed of six or less
miles per hour or a vertical body or load clearance of less than nine inches above the level
surface of a roadway upon or across any tracks at a railroad grade crossing without first
complying with this section.
(b) Before making any crossing, the person operating or moving any vehicle or equipment
set forth in this section deleted text begin shalldeleted text end new text begin mustnew text end first stop the same not less than ten, nor more than 50,
feet from the nearest rail of the railway, and while deleted text begin sodeleted text end stopped deleted text begin shalldeleted text end new text begin mustnew text end listen and look in
both directions along the track for any approachingnew text begin railroadnew text end train and for signals indicating
the approach of anew text begin railroadnew text end train, and deleted text begin shalldeleted text end new text begin mustnew text end not proceed until the crossing can be made
safely.
(c) deleted text begin Nodeleted text end new text begin Anew text end crossing deleted text begin shalldeleted text end new text begin must notnew text end be made when warning is given by automatic signal
or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or
car.
(d) deleted text begin Nodeleted text end new text begin Anew text end stop deleted text begin need be madedeleted text end new text begin is not requirednew text end at a crossing on a rail line on which service
has been abandoned and where a sign erected in conformance with section 169.06 and
bearing the word "Exempt" has been installed, unless directed otherwise by a flagger. The
installation or presence of an exempt sign shall not relieve any driver of the duty to use due
care.
Sec. 49.
Minnesota Statutes 2017 Supplement, section 169.442, subdivision 5, is amended
to read:
Subd. 5.
White strobe lamps on certain buses transporting children.
deleted text begin Notwithstanding
section 169.55, subdivision 1, or 169.57, subdivision 3, paragraph (b), or other law to the
contrary,deleted text end A school bus deleted text begin that is subject to and complies with the equipment requirements of
subdivision 1 and section 169.441, subdivision 1,deleted text end or a Head Start busdeleted text begin ,deleted text end may be equipped
with a flashing strobe lampnew text begin under section 169.64, subdivision 8new text end .
Sec. 50.
Minnesota Statutes 2016, section 169.442, is amended by adding a subdivision
to read:
new text begin Subd. 6.new text end
new text begin Supplemental warning system.new text end
new text begin In addition to the signals required under
subdivision 1, a type A, B, C, or D school bus may be equipped with a supplemental warning
system under section 169.4503, subdivision 31.
new text end
Sec. 51.
Minnesota Statutes 2016, section 169.448, subdivision 1, is amended to read:
Subdivision 1.
Restrictions on appearance; misdemeanor.
(a) A bus that is not used
as a school bus deleted text begin maydeleted text end new text begin mustnew text end not be operated on a street or highway unless it is painted a color
significantly different than national school bus glossy yellow.
(b) A bus that is not used as a school bus or Head Start bus may not be operated if it is
equipped with school bus or Head Start bus-related equipment and printing.
(c) A violation of this subdivision is a misdemeanor.
(d) This subdivision does not apply to a school bus owned by or under contract to a
school district operated as a charter or leased bus.
(e) This subdivision does not apply to a school bus operated by a licensed child care
provider if:
(1) the deleted text begin stopdeleted text end new text begin stop-signalnew text end arm is removed;
(2) the deleted text begin eight-light system isdeleted text end new text begin lighting systems for prewarning flashing amber signals,
flashing red signals, and supplemental warnings under section 169.4503, subdivision 31,
arenew text end deactivated;
(3) the school bus is identified as a "child care bus" in letters at least eight inches high
on the front and rear top of the bus;
(4) the name, address, and telephone number of the owner or operator of the bus is
identified on each front door of the bus in letters not less than three inches high; and
(5) the conditions under section 171.02, subdivision 2a, paragraphs (a) deleted text begin throughdeleted text end new text begin tonew text end (j)deleted text begin ,deleted text end new text begin
andnew text end (l), deleted text begin and (n),deleted text end have been met.
Sec. 52.
Minnesota Statutes 2016, section 169.4503, subdivision 5, is amended to read:
Subd. 5.
Colors.
Fenderettes may be black. The beltline may be painted yellow over
black or black over yellow. The rub rails deleted text begin shalldeleted text end new text begin mustnew text end be blacknew text begin or yellownew text end . The area around
the lenses of alternately flashing signal lamps extending outward from the edge of the lamp
three inches, plus or minus one-quarter inch, to the sides and top and at least one inch to
the bottom, deleted text begin shalldeleted text end new text begin mustnew text end be black. Visors or hoods, black in color, with a minimum of four
inches may be provided.
Sec. 53.
Minnesota Statutes 2016, section 169.4503, subdivision 13, is amended to read:
Subd. 13.
Identification.
(a) Each bus deleted text begin shalldeleted text end new text begin mustnew text end , in the beltline, identify the school
district serviced, or company name, or owner of the bus. Numbers necessary for identification
must appear on the sides and rear of the bus. Symbols or letters may be used on the outside
of the bus near the entrance door for student identification. A manufacturer's nameplate or
logo may be placed on the bus.
(b) deleted text begin Effective December 31, 1994,deleted text end All type A, B, C, and D buses sold must display
lettering "Unlawful to pass when red lights are flashing" on the rear of the bus. The lettering
deleted text begin shalldeleted text end new text begin mustnew text end be in two-inch black letters on school bus yellow background. This message deleted text begin shalldeleted text end new text begin
mustnew text end be displayed directly below the upper window of the rear door. On rear engine buses,
it deleted text begin shalldeleted text end new text begin mustnew text end be centered at approximately the same location. Only signs and lettering
approved or required by state law deleted text begin maydeleted text end new text begin are permitted tonew text end be displayed.
new text begin (c) The requirements of paragraph (b) do not apply to a type A, B, C, or D school bus
that is equipped with a changeable electronic message sign on the rear of the bus that:
new text end
new text begin (1) displays one or more of the messages: "Caution / stopping," "Unlawful to pass,"
"Stop / do not pass," or similar messages approved by the commissioner;
new text end
new text begin (2) displays messages in conjunction with bus operation and activation of prewarning
flashing amber signals, flashing red signals, or stop-signal arm, as appropriate; and
new text end
new text begin (3) is a supplemental warning system under section 169.4503, subdivision 31.
new text end
Sec. 54.
Minnesota Statutes 2016, section 169.4503, is amended by adding a subdivision
to read:
new text begin Subd. 31.new text end
new text begin Supplemental warning system; temporary authority.new text end
new text begin (a) Prior to August
1, 2021, the commissioner may approve a type A, B, C, or D school bus to be equipped
with a supplemental warning system. On and after that date, a school bus may continue to
be equipped with a previously approved supplemental warning system.
new text end
new text begin (b) To determine approval of a supplemental warning system, the commissioner must
consider:
new text end
new text begin (1) signal colors, which are limited to one or more of the colors white, amber, and red;
new text end
new text begin (2) flashing patterns;
new text end
new text begin (3) vehicle mounting and placement;
new text end
new text begin (4) supplemental warning system activation in conjunction with activation of prewarning
flashing amber signals, stop-signal arm, and flashing red signals;
new text end
new text begin (5) light intensity; and
new text end
new text begin (6) permissible text, signage, and graphics, if any.
new text end
new text begin (c) The commissioner must review relevant research findings and experience in other
jurisdictions, and must consult with interested stakeholders, including but not limited to
representatives from school district pupil transportation directors, private school bus
operators, and pupil transportation and traffic safety associations.
new text end
Sec. 55.
Minnesota Statutes 2016, section 169.475, subdivision 2, is amended to read:
Subd. 2.
Prohibition on use; penalty.
(a) deleted text begin Nodeleted text end new text begin When a motor vehicle is in motion or a
part of traffic, the new text end person deleted text begin may operate a motordeleted text end new text begin operating the new text end vehicle deleted text begin whiledeleted text end new text begin is prohibited
from new text end using a wireless communications device to compose, read, or send an electronic
messagedeleted text begin , when the vehicle is in motion or a part of trafficdeleted text end .
(b) new text begin Except as provided in section 169.89, subdivision 1, clause (1) or (2), a person who
violates this subdivision is guilty of a petty misdemeanor. A person who violates this
subdivision within five years of the first of two or more prior violations of this subdivision
is guilty of a misdemeanor.
new text end
new text begin (c) A court must require new text end a person who violates deleted text begin paragraph (a)deleted text end new text begin this subdivision to pay the
following fine:
new text end
new text begin (1) for a first offense, a fine of $150;
new text end
new text begin (2) for new text end a second or subsequent deleted text begin time must paydeleted text end new text begin offense, new text end a fine of deleted text begin $225deleted text end new text begin $300new text end deleted text begin , plus the
amount specified in the uniform fine schedule established by the Judicial Councildeleted text end new text begin ; or
new text end
new text begin (3) for an offense committed within five years of the first of two or more prior violations
under this subdivision, a fine of $500new text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 56.
Minnesota Statutes 2016, section 169.55, subdivision 1, is amended to read:
Subdivision 1.
Lights or reflectors required.
At the times when lighted lamps on
vehicles are required each vehicle including an animal-drawn vehicle and any vehicle
specifically excepted in sections 169.47 to 169.79, with respect to equipment and not
deleted text begin hereinbefore specificallydeleted text end new text begin previouslynew text end required to be equipped with lamps, deleted text begin shalldeleted text end new text begin mustnew text end be
equipped with one or more lighted lamps or lanterns projecting a white light visible from
a distance of 500 feet to the front of the vehicle and with a lamp or lantern exhibiting a red
light visible from a distance of 500 feet to the rear, except that reflectors meeting the
maximum requirements of this chapter may be used in lieu of the lights required in this
subdivision. deleted text begin It shall be unlawful except as otherwise provided in this subdivision, to project
a white light to the rear of any such vehicle while traveling on any street or highway, unless
such vehicle is moving in reverse. A lighting device mounted on top of a vehicle engaged
in deliveries to residences may project a white light to the rear if the sign projects one or
more additional colors to the rear. An authorized emergency vehicle may display an
oscillating, alternating, or rotating white light used in connection with an oscillating,
alternating, or rotating red light when responding to emergency calls.
deleted text end
Sec. 57.
Minnesota Statutes 2016, section 169.57, subdivision 3, is amended to read:
Subd. 3.
Maintenance.
(a) When a vehicle is equipped with stop lamps or signal lamps,
deleted text begin suchdeleted text end new text begin thenew text end lamps deleted text begin shalldeleted text end new text begin mustnew text end at all times be maintained in good working condition.
(b) deleted text begin No stop lamps or signal lamp shall project a glaring or dazzling light.
deleted text end
deleted text begin (c)deleted text end All mechanical signal devices deleted text begin shalldeleted text end new text begin mustnew text end be self-illumined when in use at the times
when lighted lamps on vehicles are required.
Sec. 58.
Minnesota Statutes 2016, section 169.64, subdivision 3, is amended to read:
Subd. 3.
Flashing lightsnew text begin ; glaring lightsnew text end .
new text begin (a) new text end Flashing lights are prohibited, exceptnew text begin :
new text end
new text begin (1)new text end on an authorized emergency vehicle, school bus, bicycle as provided in section
169.222, subdivision 6, road maintenance equipment, tow truck or towing vehiclenew text begin as provided
in section 168B.16new text end , service vehicle, farm tractor, self-propelled farm equipment, rural mail
carrier vehicle, new text begin or new text end funeral home vehicledeleted text begin , ordeleted text end new text begin ;
new text end
new text begin (2)new text end on any vehicle as a means of indicating a right or left turn, or the presence of a
vehicular traffic hazard requiring unusual care in approaching, overtaking, or passingdeleted text begin .deleted text end new text begin ; or
new text end
new text begin (3) as otherwise provided in this section.
new text end
new text begin (b) new text end All flashing warning lights deleted text begin shalldeleted text end new text begin mustnew text end be of the type authorized by section 169.59,
subdivision 4, unless otherwise permitted or required in this chapter.
new text begin (c) A stop lamp or signal lamp is prohibited from projecting a glaring or dazzling light,
except for:
new text end
new text begin (1) strobe lamps as provided under subdivision 8 or section 169.59, subdivision 4; or
new text end
new text begin (2) a school bus equipped with a supplemental warning system under section 169.4503,
subdivision 31.
new text end
Sec. 59.
Minnesota Statutes 2016, section 169.64, is amended by adding a subdivision to
read:
new text begin Subd. 4a.new text end
new text begin White light.new text end
new text begin (a) It is unlawful to project a white light at the rear of a vehicle
while traveling on any street or highway, except:
new text end
new text begin (1) for a vehicle moving in reverse;
new text end
new text begin (2) for a school bus equipped with a supplemental warning system under section
169.4503, subdivision 31;
new text end
new text begin (3) for a strobe lamp as provided under subdivision 8;
new text end
new text begin (4) as required for license plate illumination under section 169.50, subdivision 2;
new text end
new text begin (5) as provided in section 169.59, subdivision 4; and
new text end
new text begin (6) as otherwise provided in this subdivision.
new text end
new text begin (b) A lighting device mounted on top of a vehicle engaged in deliveries to residences
may project a white light to the rear if the sign projects one or more additional colors to the
rear.
new text end
new text begin (c) An authorized emergency vehicle may display an oscillating, alternating, or rotating
white light used in connection with an oscillating, alternating, or rotating red light when
responding to emergency calls.
new text end
Sec. 60.
Minnesota Statutes 2017 Supplement, section 169.64, subdivision 8, is amended
to read:
Subd. 8.
Strobe lamp.
(a) Notwithstanding deleted text begin sections 169.55, subdivision 1; 169.57,
subdivision 3, paragraph (b); ordeleted text end any other law to the contrary, a vehicle may be equipped
with a 360-degree flashing strobe lamp that emits a white light with a flash rate of 60 to
120 flashes a minute, and the lamp may be used as provided in this subdivision, if the vehicle
is:
(1) a school bus that is subject to and complies with the equipment requirements ofdeleted text begin
sections 169.441, subdivision 1, anddeleted text end new text begin sectionnew text end 169.442, subdivision 1, or a Head Start bus.
The lamp must operate from a separate switch containing an indicator lamp to show when
the strobe lamp is in use; or
(2) a road maintenance vehicle owned or under contract to the Department of
Transportation or a road authority of a county, home rule or statutory city, or town, but the
strobe lamp may only be operated while the vehicle is actually engaged in snow removal
during daylight hours.
(b) Notwithstanding deleted text begin sections 169.55, subdivision 1; 169.57, subdivision 3, paragraph
(b); ordeleted text end any other law to the contrary, a vehicle may be equipped with a 360-degree flashing
strobe lamp that emits an amber light with a flash rate of 60 to 120 flashes a minute, and
the lamp may be used as provided in this subdivision, if the vehicle is a rural mail carrier
vehicle, provided that the strobe lamp is mounted at the highest practicable point on the
vehicle. The strobe lamp may only be operated while the vehicle is actually engaged during
daylight hours in the delivery of mail to residents on a rural mail route.
(c) A strobe lamp authorized by this deleted text begin section shalldeleted text end new text begin subdivision mustnew text end be of a double flash
type certified to the commissioner of public safety by the manufacturer as being weatherproof
and having deleted text begin a minimumdeleted text end new text begin annew text end effective light output deleted text begin of 200 candelas as measured by the
Blondel-Rey formuladeleted text end new text begin that meets or exceeds the most recent version of SAE International
standard J845, Class 2, or a subsequent standardnew text end .
Sec. 61.
Minnesota Statutes 2016, section 169.81, subdivision 5, is amended to read:
Subd. 5.
Manner of loading.
deleted text begin Nodeleted text end new text begin (a) Anew text end vehicle deleted text begin shalldeleted text end new text begin must notnew text end be driven or moved on
any highway unless deleted text begin suchdeleted text end new text begin thenew text end vehicle is so constructed, loaded, or the load securely covered
as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping
deleted text begin therefrom, except thatdeleted text end new text begin .
new text end
new text begin (b) Notwithstanding paragraph (a), a vehicle or combination of vehicles may:
new text end
new text begin (1) dropnew text end sand deleted text begin may be dropped for the purpose of securingdeleted text end new text begin to securenew text end tractiondeleted text begin , ordeleted text end new text begin ;
new text end
new text begin (2) sprinklenew text end water or other substances deleted text begin may be sprinkled on a roadway in cleaning or
maintaining suchdeleted text end new text begin to clean or maintain thenew text end roadwaynew text begin ; or
new text end
new text begin (3) leak liquid from thawing sugar beets, only if transporting unprocessed sugar beetsnew text end .
new text begin (c)new text end This subdivision deleted text begin shalldeleted text end new text begin doesnew text end not apply to motor vehicles operated by a farmer or the
farmer's agent when transporting produce such as small grains, shelled corn, soybeans, or
other farm produce of a size and density not likely to cause injury to persons or damage to
property on escaping in small amounts from a vehicle.
new text begin (d) Anew text end violation of this subdivision by a vehicle that is carrying farm produce and that is
not exempted deleted text begin by the preceding sentencedeleted text end new text begin under paragraph (c)new text end is a petty misdemeanor.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 62.
Minnesota Statutes 2016, section 169.81, is amended by adding a subdivision to
read:
new text begin Subd. 11.new text end
new text begin Automobile transporter.new text end
new text begin (a) For purposes of this subdivision, the following
terms have the meanings given them:
new text end
new text begin (1) "automobile transporter" means any vehicle combination designed and used to
transport assembled highway vehicles, including truck camper units;
new text end
new text begin (2) "stinger-steered combination automobile transporter" means a truck tractor semitrailer
having the fifth wheel located on a drop frame located behind and below the rear-most axle
of the power unit; and
new text end
new text begin (3) "backhaul" means the return trip of a vehicle transporting cargo or general freight,
including when carrying goods back over all or part of the same route.
new text end
new text begin (b) Stinger-steered combination automobile transporters having a length of 80 feet or
less may be operated on interstate highways and other highways designated in this section,
and in addition may carry a load that extends the length by four feet or less in the front of
the vehicle and six feet or less in the rear of the vehicle.
new text end
new text begin (c) An automobile transporter may transport cargo or general freight on a backhaul,
provided it complies with weight limitations for a truck tractor and semitrailer combination
under section 169.824.
new text end
Sec. 63.
Minnesota Statutes 2016, section 169.8261, subdivision 2, is amended to read:
Subd. 2.
Conditions.
(a) A vehicle or combination of vehicles described in subdivision
1 must:
(1) comply with seasonal load restrictions in effect between the dates set by the
commissioner under section 169.87, subdivision 2;
(2) comply with bridge load limits posted under section 169.84;
(3) be equipped and operated with six or more axles and brakes on all wheels;
(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle
weight during the time when seasonal increases are authorized under section 169.826;
(5) not be operated on interstate highways;
(6) obtain an annual permit from the commissioner of transportation;
(7) obey all road postings; and
(8) not exceed 20,000 pounds gross weight on any single axle.
(b) A vehicle operated under this section may exceed the legal axle weight limits listed
in section 169.824 by not more than 12.5 percent; except that, the weight limits may be
exceeded by not more than 23.75 percent during the time when seasonal increases are
authorized under section 169.826, subdivision 1.
new text begin (c) Notwithstanding paragraph (a), clause (5), a vehicle or combination of vehicles
hauling raw or unfinished forest products may operate on the segment of marked Interstate
Highway 35 provided under United States Code, title 23, section 127(q)(2)(D).
new text end
Sec. 64.
Minnesota Statutes 2017 Supplement, section 169.829, subdivision 4, is amended
to read:
Subd. 4.
Certain emergency vehicles.
new text begin (a) new text end The provisions of sections 169.80 to 169.88
governing size, weight, and load do not apply to a fire apparatus, a law enforcement special
response vehicle, or a licensed land emergency ambulance service vehicle.
new text begin (b) Emergency vehicles designed to transport personnel and equipment to support the
suppression of fires and to mitigate other hazardous situations are subject to the following
weight limitations when operated on an interstate highway: (1) 24,000 pounds on a single
steering axle; (2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear
drive steer axle; and (4) 62,000 pounds on a tandem axle. The gross weight of an emergency
vehicle operating on an interstate highway must not exceed 86,000 pounds.
new text end
Sec. 65.
Minnesota Statutes 2016, section 169.829, is amended by adding a subdivision
to read:
new text begin Subd. 5.new text end
new text begin Sewage septic tank trucks.new text end
new text begin (a) Sections 169.823 and 169.826 to 169.828 do
not apply to a sewage septic tank truck used exclusively to transport sewage from septic or
holding tanks.
new text end
new text begin (b) The weight limitations under section 169.824 are increased by ten percent for a
single-unit vehicle transporting sewage from the point of service to (1) another point of
service, or (2) the point of unloading.
new text end
new text begin (c) Notwithstanding sections 169.824, subdivision 1, paragraph (d); 169.826, subdivision
3; or any other law to the contrary, a permit is not required to operate a vehicle under this
subdivision.
new text end
new text begin (d) The seasonal weight increases under section 169.826, subdivision 1, do not apply to
a vehicle operated under this subdivision.
new text end
new text begin (e) A vehicle operated under this subdivision is subject to bridge load limits posted under
section 169.84.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 66.
Minnesota Statutes 2016, section 169.87, subdivision 6, is amended to read:
Subd. 6.
Recycling and garbage vehicles.
(a) deleted text begin Except as provided in paragraph (b)deleted text end new text begin While
a vehicle is engaged in the type of collection the vehicle was designed to performnew text end , weight
restrictions imposed under subdivisions 1 and 2 do not apply tonew text begin :
new text end
new text begin (1)new text end a vehicle that does not exceed 20,000 pounds per single axle and is designed and
used exclusively for recycling, while deleted text begin engaged in recyclingdeleted text end new text begin operatingnew text end in a political subdivision
that mandates curbside recycling pickupdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (b) Weight restrictions imposed under subdivisions 1 and 2 do not apply to: (1)deleted text end new text begin (2)new text end a
vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for
recycling deleted text begin as described in paragraph (a)deleted text end ;
deleted text begin (2)deleted text end new text begin (3)new text end a vehicle that does not exceed 14,000 pounds per single axle and is designed and
used exclusively for collecting mixed municipal solid waste, as defined in section 115A.03,
subdivision 21deleted text begin , while engaged in such collectiondeleted text end ; deleted text begin or
deleted text end
deleted text begin (3)deleted text end new text begin (4)new text end a portable toilet service vehicle that does not exceed 14,000 pounds per single
axle or 26,000 pounds gross vehicle weight, and is designed and used exclusively for
collecting liquid waste from portable toiletsdeleted text begin , while engaged in such collectiondeleted text end new text begin ; or
new text end
new text begin (5) a sewage septic tank truck that is designed and used exclusively to haul sewage from
septic or holding tanksnew text end .
deleted text begin (c)deleted text end new text begin (b)new text end Notwithstanding section 169.80, subdivision 1, deleted text begin a violation ofdeleted text end new text begin the owner or operator
of a vehicle that violates thenew text end weight restrictions imposed under subdivisions 1 and 2 deleted text begin by a
vehicle designed and used exclusively for recycling while engaged in recycling in a political
subdivision that mandates curbside recycling pickup while engaged in such collection, by
a vehicle that is designed and used exclusively for collecting mixed municipal solid waste
as defined in section 115A.03, subdivision 21, while engaged in such collection, or by a
portable toilet service vehicle that is designed and used exclusively for collecting liquid
waste from portable toilets, while engaged in such collection,deleted text end is not subject to criminal
penalties but is subject to a civil penalty for excess weight under section 169.871new text begin if the
vehicle (1) meets the requirements under paragraph (a), and (2) is engaged in the type of
collection the vehicle was designed to performnew text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 67.
Minnesota Statutes 2016, section 169.92, subdivision 4, is amended to read:
Subd. 4.
Suspension of driver's license.
(a) Upon receiving a report from the court, or
from the driver licensing authority of a state, district, territory, or possession of the United
States or a province of a foreign country which has an agreement in effect with this state
pursuant to section 169.91, that a resident of this state or a person licensed as a driver in
this state did not appear in court in compliance with the terms of a citation, the commissioner
of public safety deleted text begin shalldeleted text end new text begin mustnew text end notify the driver that the driver's license will be suspended unless
the commissioner receives notice within 30 days that the driver has appeared in the
appropriate court deleted text begin or, if the offense is a petty misdemeanor for which a guilty plea was
entered under section 609.491, that the person has paid any fine imposed by the courtdeleted text end . If
the commissioner does not receive notice of the appearance in the appropriate court deleted text begin or
payment of the finedeleted text end within 30 days of the date of the commissioner's notice to the driver,
the commissioner may suspend the driver's license, subject to the notice requirements of
section 171.18, subdivision 2.new text begin Notwithstanding the requirements in this section, the
commissioner is prohibited from suspending the driver's license of a person based solely
on the fact that the person did not appear in court (1) in compliance with the terms of a
citation for a petty misdemeanor, or (2) for a violation of section 171.24, subdivision 1.
new text end
(b) The order of suspension deleted text begin shalldeleted text end new text begin mustnew text end indicate the reason for the order and deleted text begin shalldeleted text end new text begin mustnew text end
notify the driver that the driver's license deleted text begin shall remaindeleted text end new text begin remainsnew text end suspended until the driver
has furnished evidence, satisfactory to the commissioner, of compliance with any order
entered by the court.
(c) Suspension shall be ordered under this subdivision only when the report clearly
identifies the person arrested; describes the violation, specifying the section of the traffic
law, ordinance or rule violated; indicates the location and date of the offense; and describes
the vehicle involved and its registration number.
Sec. 68.
Minnesota Statutes 2016, section 171.041, is amended to read:
171.041 RESTRICTED LICENSE FOR FARM WORK.
new text begin (a) new text end Notwithstanding any provisions of section 171.04 relating to the age of an applicant
to the contrary, the commissioner may issue a restricted farm work license to operate a
motor vehicle to a person who has attained the age of 15 years and who, except for age, is
qualified to hold a driver's license. The applicant is not required to comply with the six-month
instruction permit possession provisions of sections 171.04, subdivision 1, clause (2), and
171.05, subdivision 2a, or with the 12-month provisional license possession provision of
section 171.04, subdivision 1, clause (1), item (i).
new text begin (b)new text end The restricted license deleted text begin shalldeleted text end new text begin mustnew text end be issued solely for the purpose of authorizing the
person to whom the restricted license is issued to assist the person's parents or guardians
with farm work.new text begin An individual may perform farm work under the restricted license for any
entity authorized to farm under section 500.24.new text end A person holding this restricted license may
operate a motor vehicle only during daylight hours and only within a radius of deleted text begin 20deleted text end new text begin 40new text end miles
of the parent's or guardian's farmhouse; however, in no case may a person holding the
restricted license operate a motor vehicle in a city of the first class.
new text begin (c)new text end An applicant for a restricted license deleted text begin shalldeleted text end new text begin mustnew text end apply to the commissioner for the
license on forms prescribed by the commissioner. The application deleted text begin shalldeleted text end new text begin mustnew text end be accompanied
by:
(1) a copy of a property tax statement showing that the applicant's parent or guardian
owns land that is classified as agricultural land or a copy of a rental statement or agreement
showing that the applicant's parent or guardian rents land classified as agricultural land; and
(2) a written verified statement by the applicant's parent or guardian setting forth the
necessity for the license.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 69.
Minnesota Statutes 2017 Supplement, section 171.06, subdivision 2, is amended
to read:
Subd. 2.
Fees.
(a) The fees for a license and Minnesota identification card are as follows:
| REAL ID Compliant or Noncompliant Classified Driver's License | D-$17.25 | C-$21.25 | B-$28.25 | A-$36.25 | |
| REAL ID Compliant or Noncompliant Classified Under-21 D.L. | D-$17.25 | C-$21.25 | B-$28.25 | A-$16.25 | |
| Enhanced Driver's License | D-$32.25 | C-$36.25 | B-$43.25 | A-$51.25 | |
| REAL ID Compliant or Noncompliant Instruction Permit | $5.25 | ||||
| Enhanced Instruction Permit | $20.25 | ||||
| Commercial Learner's Permit | $2.50 | ||||
| REAL ID Compliant or Noncompliant Provisional License | $8.25 | ||||
| Enhanced Provisional License | $23.25 | ||||
| Duplicate REAL ID Compliant or Noncompliant License or duplicate REAL ID Compliant or Noncompliant identification card | $6.75 | ||||
| Enhanced Duplicate License or enhanced duplicate identification card | $21.75 | ||||
| REAL ID Compliant or Noncompliant Minnesota identification card or REAL ID Compliant or Noncompliant Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a | $11.25 | ||||
| Enhanced Minnesota identification card | $26.25 |
deleted text begin In addition to each fee required in this paragraph, the commissioner shall collect a surcharge
of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016.
Surcharges collected under this paragraph must be credited to the driver and vehicle services
technology account in the special revenue fund under section 299A.705.
deleted text end
(b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35, sections 169A.50 to 169A.53, or section 171.177, (2) convictions for crash-related
moving violations, and (3) convictions for moving violations that are not crash related, deleted text begin shalldeleted text end new text begin
mustnew text end have a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving
violation" has the meaning given it in section 171.04, subdivision 1.
(c) In addition to the driver's license fee required under paragraph (a), the commissioner
deleted text begin shalldeleted text end new text begin mustnew text end collect an additional $4 processing fee from each new applicant or individual
renewing a license with a school bus endorsement to cover the costs for processing an
applicant's initial and biennial physical examination certificate. The department deleted text begin shalldeleted text end new text begin mustnew text end
not charge these applicants any other fee to receive or renew the endorsement.
(d) In addition to the fee required under paragraph (a), a driver's license agent may charge
and retain a filing fee as provided under section 171.061, subdivision 4.
(e) In addition to the fee required under paragraph (a), the commissioner deleted text begin shalldeleted text end new text begin mustnew text end
charge a filing fee at the same amount as a driver's license agent under section 171.061,
subdivision 4. Revenue collected under this paragraph must be deposited in the driver
services operating account.
(f) An application for a Minnesota identification card, instruction permit, provisional
license, or driver's license, including an application for renewal, must contain a provision
that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes
of public information and education on anatomical gifts under section 171.075.
Sec. 70.
Minnesota Statutes 2016, section 171.16, subdivision 2, is amended to read:
Subd. 2.
Commissioner shall suspend.
new text begin (a) new text end The court may recommend the suspension
of the driver's license of the person so convicted, and the commissioner deleted text begin shalldeleted text end new text begin mustnew text end suspend
such license as recommended by the court, without a hearing deleted text begin as provided hereindeleted text end .
new text begin (b) The commissioner is prohibited from suspending a person's driver's license if the
person was convicted only under section 171.24, subdivision 1 or 2.
new text end
Sec. 71.
Minnesota Statutes 2016, section 171.16, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Suspension fordeleted text end Failure to pay fine.
deleted text begin When any court reports todeleted text end The
commissioner new text begin must not suspend a person's driver's license based solely on the fact new text end that a
person: (1) has been convicted of violating a law of this state or an ordinance of a political
subdivision which regulates the operation or parking of motor vehicles, (2) has been
sentenced to the payment of a fine or had a surcharge levied against that person, or sentenced
to a fine upon which a surcharge was levied, and (3) has refused or failed to comply with
that sentence or to pay the surchargedeleted text begin , notwithstanding the fact that the court has determined
that the person has the ability to pay the fine or surcharge, the commissioner shall suspend
the driver's license of such person for 30 days for a refusal or failure to pay or until notified
by the court that the fine or surcharge, or both if a fine and surcharge were not paid, has
been paiddeleted text end .
Sec. 72.
Minnesota Statutes 2016, section 171.18, subdivision 1, is amended to read:
Subdivision 1.
Offenses.
(a) The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:
(1) has committed an offense for which mandatory revocation of license is required upon
conviction;
(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance
regulating traffic, other than a conviction for a petty misdemeanor, and department records
show that the violation contributed in causing an accident resulting in the death or personal
injury of another, or serious property damage;
(3) is an habitually reckless or negligent driver of a motor vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the license;
(7) has committed an offense in another state that, if committed in this state, would be
grounds for suspension;
(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within
five years of a prior conviction under that section;
(9) has committed a violation of section 171.22, except that the commissioner may not
suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;
(10) has failed to appear in court as provided in section 169.92, subdivision 4;
(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;
(12) has been found to have committed an offense under section 169A.33; or
(13) has paid or attempted to pay a fee required under this chapter for a license or permit
by means of a dishonored check issued to the state or a driver's license agent, which must
be continued until the registrar determines or is informed by the agent that the dishonored
check has been paid in full.
However, an action taken by the commissioner under clause (2) or (5) must conform to the
recommendation of the court when made in connection with the prosecution of the licensee.
new text begin (b) Notwithstanding section 171.18, subdivision 1, paragraph (b), the commissioner may
suspend the license of a driver when any court reports to the commissioner that a driver has
eight unpaid parking tickets within a 12-month period or ten unpaid parking tickets within
a 24-month period.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner deleted text begin may not suspenddeleted text end new text begin is prohibited from suspendingnew text end the driver's
license of an individual under paragraph (a) who was convicted of a violation of section
171.24, subdivision 1deleted text begin , whose license was under suspension at the time solely because of
the individual's failure to appear in court or failure to pay a finedeleted text end new text begin or 2new text end .
Sec. 73.
Minnesota Statutes 2016, section 174.12, subdivision 8, is amended to read:
Subd. 8.
Legislative report.
(a) By February 1 of each odd-numbered year, the
commissioner of transportation, with assistance from the commissioner of employment and
economic development, deleted text begin shalldeleted text end new text begin mustnew text end submit a report on the transportation economic
development program to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance and economic
development policy and finance.
(b) At a minimum, the report must:
(1) summarize the requirements and implementation of the transportation economic
development program established in this section;
(2) review the criteria and economic impact performance measures used for evaluation,
prioritization, and selection of projects;
(3) provide a brief overview of each project that received financial assistance under the
program, which must at a minimum identify:
(i) basic project characteristics, such as funding recipient, geographic location, and type
of transportation modes served;
(ii) sources and respective amounts of project funding; and
(iii) the degree of economic benefit anticipated or observed, following the economic
impact performance measures established under subdivision 4;
(4) identify the allocation of funds, including but not limited to a breakdown of total
project funds by transportation mode, the amount expended for administrative costs, and
the amount transferred to the transportation economic development assistance account;
(5) evaluate the overall economic impact of the program; and
(6) provide recommendations for any legislative changes related to the program.
new text begin (c) Notwithstanding paragraph (a), a report is not required in an odd-numbered year if
no project received financial assistance during the preceding 24 months.
new text end
Sec. 74.
new text begin [174.13] TRIBAL TRAINING PROGRAM; COSTS.
new text end
new text begin The commissioner must implement interagency billing to state agencies to pay costs
related to each agency's participation in tribal training activities provided by the department.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2019.
new text end
Sec. 75.
Minnesota Statutes 2016, section 174.66, is amended to read:
174.66 CONTINUATION OF CARRIER RULES.
(a) Orders and directives in force, issued, or promulgated under authority of chapters
174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
modified, or superseded by duly authorized orders or directives of the commissioner of
transportation. To the extent allowed under federal law or regulation, rules adopted under
authority of the following sections are transferred to the commissioner of transportation
and continue in force and effect until repealed, modified, or superseded by duly authorized
rules of the commissioner:
(1) section 218.041 except rules related to the form and manner of filing railroad rates,
railroad accounting rules, and safety rules;
(2) section 219.40;
(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
under section 221.031, subdivision 1;new text begin and
new text end
(4) deleted text begin rules relating to rates, charges, and practices under section 221.161, subdivision 4;
and
deleted text end
deleted text begin (5)deleted text end rules relating to rates, tariffs, or the granting, limiting, or modifying of permits under
section 221.121.
(b) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end review the transferred rules, orders, and directives and,
when appropriate, develop and adopt new rules, orders, or directives.
Sec. 76.
new text begin [219.085] OPERATION OF ON-TRACK EQUIPMENT.
new text end
new text begin An operator of equipment used on rails that does not activate automatic railroad-highway
grade crossing warning signals or gates must exercise due regard for the safety of persons
and vehicles using a railroad-highway grade crossing.
new text end
Sec. 77.
Minnesota Statutes 2016, section 221.031, subdivision 2d, is amended to read:
Subd. 2d.
Hours of service exemptionsnew text begin ; agricultural purposesnew text end .
The federal regulations
incorporated in section 221.0314, subdivision 9, for deleted text begin maximum driving and on-duty time,deleted text end new text begin
hours of servicenew text end do not apply to drivers engaged in intrastate transportation within a
150-air-mile radius from the source of the commoditiesnew text begin ,new text end or from the retail or wholesale
distribution point of the farm suppliesnew text begin ,new text end for:
(1) agricultural commoditiesnew text begin ;new text end or
new text begin (2)new text end farm supplies for agricultural purposes deleted text begin from March 15 to December 15 of each year;
ordeleted text end new text begin .
new text end
deleted text begin (2) sugar beets from September 1 to May 15 of each year.
deleted text end
Sec. 78.
Minnesota Statutes 2016, section 221.031, is amended by adding a subdivision
to read:
new text begin Subd. 2f.new text end
new text begin Hours of service exemptions; utility construction.new text end
new text begin (a) The federal regulations
incorporated in section 221.0314, subdivision 9, for hours of service do not apply to drivers
engaged in intrastate transportation of utility construction materials within a 50-mile radius
from the site of a construction or maintenance project.
new text end
new text begin (b) For purposes of this subdivision, utility construction materials includes supplies and
materials used in a project to construct or maintain (1) a street or highway; (2) equipment
or facilities to furnish electric transmission service; (3) a telecommunications system or
cable communications system; (4) a waterworks system, sanitary sewer, or storm sewer;
(5) a gas heating service line; (6) a pipeline; and (7) a facility for other similar utility service.
new text end
Sec. 79.
Minnesota Statutes 2016, section 221.0314, subdivision 9, is amended to read:
Subd. 9.
Hours of service of driver.
new text begin (a) new text end Code of Federal Regulations, title 49, part 395,
is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), deleted text begin (k),deleted text end (m), and
(n) of section 395.1 of that part are not incorporated. In addition, cross-references to sections
or paragraphs not incorporated in this subdivision are not incorporated by reference.
new text begin (b) For purposes of Code of Federal Regulations, title 49, part 395.1, paragraph (k), the
planting and harvest period for Minnesota is from January 1 through December 31 each
year.
new text end
new text begin (c)new text end The requirements of Code of Federal Regulations, title 49, part 395, do not apply to
drivers of lightweight vehicles.
Sec. 80.
Minnesota Statutes 2016, section 221.036, subdivision 1, is amended to read:
Subdivision 1.
Order.
The commissioner may issue an order requiring violations to be
corrected and administratively assessing monetary penalties for a violation of (1) section
221.021; (2) section 221.033, subdivision 2b; (3) section 221.171; (4) section 221.141; (5)
a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway
grade crossings; or (6) rules of the commissioner relating to the transportation of hazardous
waste, motor carrier operations,new text begin ornew text end insurancedeleted text begin , or tariffs and accountingdeleted text end . An order must be
issued as provided in this section.
Sec. 81.
Minnesota Statutes 2016, section 221.036, subdivision 3, is amended to read:
Subd. 3.
Amount of penalty; considerations.
(a) The commissioner may issue an order
assessing a penalty of up to $5,000 for all violations new text begin identified during a single audit or
investigation new text end of new text begin (1) new text end section 221.021deleted text begin ;deleted text end new text begin ,new text end 221.141deleted text begin ;deleted text end new text begin ,new text end or 221.171, ornew text begin (2)new text end rules of the commissioner
relating to motor carrier operationsdeleted text begin ,deleted text end new text begin or new text end insurancedeleted text begin , or tariffs and accounting, identified during
a single inspection, audit, or investigationdeleted text end .
(b) The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
inspection or audit.
(c) In determining the amount of a penalty, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to humans, animals, air, water, land,
or other natural resources of the state;
(3) the history of past violations, including the similarity of the most recent violation
and the violation to be penalized, the time elapsed since the last violation, the number of
previous violations, and the response of the person to the most recent violation identified;
(4) the economic benefit gained by the person by allowing or committing the violation;
and
(5) other factors as justice may require, if the commissioner specifically identifies the
additional factors in the commissioner's order.
(d) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end assess a penalty in accordance with Code of Federal
Regulations, title 49, section 383.53, against:
(1) a driver who is convicted of a violation of an out-of-service order;
(2) an employer who knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of an out-of-service order; or
(3) an employer who knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of a federal, state, or local law or regulation pertaining to
railroad-highway grade crossings.
Sec. 82.
Minnesota Statutes 2016, section 221.122, subdivision 1, is amended to read:
Subdivision 1.
Registration, insurance, and filing requirements.
(a) An order issued
by the commissioner which grants a certificate or permit must contain a service date.
(b) The person to whom the order granting the certificate or permit is issued shall do
the following within 45 days from the service date of the order:
(1) register vehicles which will be used to provide transportation under the permit or
certificate with the commissioner and pay the vehicle registration fees required by law;new text begin and
new text end
(2) file and maintain insurance or bond as required by section 221.141 and rules of the
commissionerdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin (3) file rates and tariffs as required by section 221.161 and rules of the commissioner.
deleted text end
Sec. 83.
Minnesota Statutes 2016, section 221.161, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Filing; hearing upon commissioner initiativedeleted text end new text begin Tariff maintenance and
contentsnew text end .
A household goods deleted text begin carrier shall file anddeleted text end new text begin mover must new text end maintain deleted text begin with the
commissionerdeleted text end a tariff showing rates and charges for transporting household goods. deleted text begin Tariffs
must be prepared and filed in accordance with the rules of the commissioner. When tariffs
are filed in accordance with the rules and accepted by the commissioner, the filing constitutes
notice to the public and interested parties of the contents of the tariffs. The commissioner
shall not accept for filing tariffs that are unjust, unreasonable, unjustly discriminatory,
unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted
under this section. If the tariffs appear to be unjust, unreasonable, unjustly discriminatory,
unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted
under this section, after notification and investigation by the department, the commissioner
may suspend and postpone the effective date of the tariffs and assign the tariffs for hearing
upon notice to the household goods carrier filing the proposed tariffs and to other interested
parties, including users of the service and competitive carriers by motor vehicle and rail.
At the hearing, the burden of proof is on the household goods carrier filing the proposed
tariff to sustain the validity of the proposed schedule of rates and charges. The tariffs and
subsequent supplements to them or reissues of them must state the effective date, which
may not be less than ten days following the date of filing, unless the period of time is reduced
by special permission of the commissioner.deleted text end new text begin A household goods mover must prepare a tariff
under this section that complies with Code of Federal Regulations, title 49, part 1310.3.
new text end
Sec. 84.
Minnesota Statutes 2016, section 221.161, is amended by adding a subdivision
to read:
new text begin Subd. 5.new text end
new text begin Tariff availability.new text end
new text begin (a) A household goods mover subject to this section must
maintain all of its effective tariffs at its principal place of business and at each of its terminal
locations, and must make the tariffs available to the public for inspection at all times the
household goods mover is open for business. Any publication referred to in a tariff must be
maintained with that tariff.
new text end
new text begin (b) Upon request, a household goods mover must provide copies of tariffs, specific tariff
provisions, or tariff subscriptions to the commissioner or any interested person.
new text end
Sec. 85.
Minnesota Statutes 2016, section 221.171, subdivision 1, is amended to read:
Subdivision 1.
Compensation fixed by schedule on file.
deleted text begin Nodeleted text end new text begin Anew text end household goods deleted text begin carrier
shalldeleted text end new text begin mover must notnew text end charge or receive a greater, lesser, or different compensation for the
transportation deleted text begin of persons or propertydeleted text end or deleted text begin for relateddeleted text end servicedeleted text begin ,deleted text end new text begin provided new text end than the rates and
charges deleted text begin named in the carrier's schedule on file and in effect with the commissioner including
any rate fixed by the commissionerdeleted text end new text begin specified in the tariffnew text end under section 221.161deleted text begin ; nor shalldeleted text end new text begin .new text end
A household goods deleted text begin carrierdeleted text end new text begin mover must notnew text end refund or remit in any manner or by any device,
directly or indirectly, the rates and charges required to be collected by the deleted text begin carrierdeleted text end new text begin movernew text end
under the deleted text begin carrier'sdeleted text end new text begin mover'snew text end schedules deleted text begin or under the rates, if any, fixed by the commissionerdeleted text end .
Sec. 86.
Minnesota Statutes 2016, section 299A.01, is amended by adding a subdivision
to read:
new text begin Subd. 8.new text end
new text begin Highway user tax distribution fund use limitation.new text end
new text begin The commissioner is
prohibited from spending any money from the highway user tax distribution fund for the
public information center or comparable customer service positions elsewhere in the
department.
new text end
Sec. 87.
new text begin [299A.704] DRIVER AND VEHICLE SERVICES FUND.
new text end
new text begin A driver and vehicle services fund is established within the state treasury. The fund
consists of accounts and money as specified by law, and any other money donated, allotted,
transferred, or otherwise provided to the fund.
new text end
Sec. 88.
Minnesota Statutes 2016, section 299A.705, is amended to read:
299A.705 DRIVER AND VEHICLE SERVICES ACCOUNTS.
Subdivision 1.
Vehicle services operating account.
(a) The vehicle services operating
account is created in the deleted text begin special revenuedeleted text end new text begin driver and vehicle servicesnew text end fund, consisting of all
money from the vehicle services fees specified in chapters 168, 168A, and 168D, and any
other money deleted text begin otherwisedeleted text end donated, allotted, deleted text begin appropriated, or legislateddeleted text end new text begin transferred, or otherwise
providednew text end to deleted text begin thisdeleted text end new text begin thenew text end account.
(b) Funds appropriated deleted text begin are availabledeleted text end new text begin from the account must be used by the commissioner
of public safetynew text end to administer new text begin the new text end vehicle services deleted text begin asdeleted text end specified in chapters 168, 168A, and
168D, and section 169.345, including:
(1) designing, producing, issuing, and mailing vehicle registrations, plates, emblems,
and titles;
(2) collecting title and registration taxes and fees;
(3) transferring vehicle registration plates and titles;
(4) maintaining vehicle records;
(5) issuing disability certificates and plates;
(6) licensing vehicle dealers;
(7) appointing, monitoring, and auditing deputy registrars; and
(8) inspecting vehicles when required by law.
Subd. 2.
Driver services operating account.
(a) The driver services operating account
is created in the deleted text begin special revenuedeleted text end new text begin driver and vehicle servicesnew text end fund, consisting of all money
collected under chapter 171 and any other money deleted text begin otherwisedeleted text end donated, allotted, deleted text begin appropriated,
or legislateddeleted text end new text begin transferred, or otherwise providednew text end to the account.
(b) deleted text begin Money in thedeleted text end new text begin Funds appropriated from thenew text end account must be used by the commissioner
of public safety to administer the driver services specified in chapters 169A and 171,
including the activities associated with producing and mailing drivers' licenses and
identification cards and notices relating to issuance, renewal, or withdrawal of driving and
identification card privileges for any fiscal year or years and for the testing and examination
of drivers.
Subd. 3.
Driver and vehicle services technology account.
(a) The driver and vehicle
services technology account is created in the deleted text begin special revenuedeleted text end new text begin driver and vehicle servicesnew text end
fund, consisting of the technology surcharge collected as specified in deleted text begin chapters 168, 168A,
and 171; the filing fee revenue collected under section 168.33, subdivision 7;deleted text end new text begin section 168.33new text end
and any other money deleted text begin otherwisedeleted text end donated, allotted, deleted text begin appropriated, or legislateddeleted text end new text begin transferred, or
otherwise providednew text end to deleted text begin thisdeleted text end new text begin thenew text end account.
(b) Money in the account is annually appropriated to the commissioner of public safety
to support the research, development, deployment, and maintenance of a driver and vehicle
services information system.
(c) deleted text begin Following completion of the deposit of filing fee revenue into the driver and vehicle
services technology account as provided under section 168.33, subdivision 7deleted text end new text begin Annually by
February 1new text end , the commissioner deleted text begin shalldeleted text end new text begin mustnew text end submit a deleted text begin notificationdeleted text end new text begin report new text end to the chairs and
ranking minority members of the legislative committees with jurisdiction over transportation
policy and finance deleted text begin concerning driver and vehicle services information system implementation,
which must include informationdeleted text end on (1) total revenue deposited in the driver and vehicle
services technology accountnew text begin for the previous calendar yearnew text end , with a breakdown by sources
of funds; (2) total project costs incurrednew text begin through December 31 of the previous calendar yearnew text end ,
with a breakdown by key project components; and (3) an estimate of ongoing system
maintenance costs.
Subd. 4.
Prohibited expenditures.
The commissioner is prohibited from expending
money from driver and vehicle services accounts created in the deleted text begin special revenuedeleted text end new text begin driver and
vehicle servicesnew text end fund for any purpose that is not specifically authorized in this section or in
the chapters specified in this section.
Sec. 89.
Minnesota Statutes 2016, section 360.013, is amended by adding a subdivision
to read:
new text begin Subd. 46a.new text end
new text begin Comprehensive plan.new text end
new text begin "Comprehensive plan" has the meaning given in
section 394.22, subdivision 9, or 462.352, subdivision 5.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018.
new text end
Sec. 90.
Minnesota Statutes 2016, section 360.017, subdivision 1, is amended to read:
Subdivision 1.
Creation; authorized disbursements.
(a) There is hereby created a
fund to be known as the state airports fund. The fund shall consist of all money appropriated
to it, or directed to be paid into it, by the legislature.
(b) The state airports fund shall be paid out on authorization of the commissioner and
shall be used:
(1) to acquire, construct, improve, maintain, and operate airports and other air navigation
facilities;
(2) to assist municipalities in the new text begin planning, new text end acquisition, construction, improvement, and
maintenance of airports and other air navigation facilities;
(3) to assist municipalities to initiate, enhance, and market scheduled air service at their
airports;
(4) to promote interest and safety in aeronautics through education and information; and
(5) to pay the salaries and expenses of the Department of Transportation related to
aeronautic planning, administration, and operation. All allotments of money from the state
airports fund for salaries and expenses shall be approved by the commissioner of management
and budget.
deleted text begin (c) A municipality that adopts a comprehensive plan that the commissioner finds is
incompatible with the state aviation plan is not eligible for assistance from the state airports
fund.
deleted text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 91.
Minnesota Statutes 2016, section 360.021, subdivision 1, is amended to read:
Subdivision 1.
Authority to establish.
The commissioner is authorized and empowered,
on behalf of and in the name of this state, within the limitation of available appropriations,
to acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property,
real or personal, for the purpose of establishing and constructing restricted landing areas
and other air navigation facilities and to acquire in like manner, own, control, establish,
construct, enlarge, improve, maintain, equip, operate, regulate, and police such restricted
landing areas and other air navigation facilities, either within or without this state; and to
make, prior to any such acquisition, investigations, surveys, and plans. The commissioner
may maintain, equip, operate, regulate, and police airports, either within or without this
state. new text begin The operation and maintenance of airports is an essential public service. new text end The
commissioner may maintain at such airports facilities for the servicing of aircraft and for
the comfort and accommodation of air travelers. The commissioner may dispose of any
such property, airport, restricted landing area, or any other air navigation facility, by sale,
lease, or otherwise, in accordance with the laws of this state governing the disposition of
other like property of the state. The commissioner may not acquire or take over any restricted
landing area, or other air navigation facility without the consent of the owner. The
commissioner shall not acquire any additional state airports nor establish any additional
state-owned airports. The commissioner may erect, equip, operate, and maintain on any
airport buildings and equipment necessary and proper to maintain, and conduct such airport
and air navigation facilities connected therewith. The commissioner shall not expend money
for land acquisition, or for the construction, improvement, or maintenance of airports, or
for air navigation facilities for an airport, unless the deleted text begin governmental unitdeleted text end new text begin municipality, county,
or joint airport zoning boardnew text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text begin The commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation. The commissioner may withhold funding from only the airport subject
to the proposed zoning ordinance. new text end Notwithstanding the foregoing prohibition, the
commissioner may continue to maintain the state-owned airport at Pine Creek.
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 92.
Minnesota Statutes 2016, section 360.024, is amended to read:
360.024 AIR TRANSPORTATION SERVICE deleted text begin CHARGEdeleted text end .
new text begin Subdivision 1.new text end
new text begin Charges.new text end
new text begin (a) new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end charge users of air
transportation services provided by the commissioner for direct operating costs, excluding
pilot salary deleted text begin anddeleted text end new text begin .
new text end
new text begin (b) The commissioner must charge users for a portion ofnew text end aircraft acquisitionnew text begin , replacement,
or leasingnew text end costs.
new text begin Subd. 2.new text end
new text begin Accounts; appropriation.new text end
new text begin (a) An air transportation services account is
established in the state airports fund. The account consists of money collected under
subdivision 1, paragraph (a), and any other money donated, allotted, transferred, or otherwise
provided to the account.new text end deleted text begin All receipts for these services shall be deposited in the air
transportation services account in the state airports fund and aredeleted text end new text begin Money in the account is
annuallynew text end appropriated to the commissioner to pay deleted text begin thesedeleted text end direct air service operating costs.
new text begin (b) An aircraft capital account is established in the state airports fund. The account
consists of collections under subdivision 1, paragraph (b), proceeds from the sale of aircraft
under jurisdiction of the department, and any other money donated, allotted, transferred, or
otherwise provided to the account. Money in the account must be used for aircraft acquisition,
replacement, or leasing costs. Except as provided by law, the commissioner must not transfer
money into or out of the account.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 93.
Minnesota Statutes 2016, section 360.062, is amended to read:
360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING
deleted text begin NEIGHBORHOODdeleted text end new text begin LAND USESnew text end .
(a) It is hereby found that an airport hazard endangers the lives and property of users of
the airport and of occupants of land in its vicinity, and may reduce the size of the area
available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility
of the airport and the public investment therein. It is also found that the social and financial
costs of disrupting existing land uses around airports deleted text begin in built up urban areas, particularly
established residential neighborhoods,deleted text end often outweigh the benefits of a reduction in airport
hazards that might result from the elimination or removal of those uses.
(b) Accordingly, it is hereby declared: (1) deleted text begin thatdeleted text end the creation or establishment of an airport
hazard is a public nuisance and an injury to the community served by the airport in question;
(2) deleted text begin thatdeleted text end it is deleted text begin therefordeleted text end necessary in the interest of the public health, public safety, and general
welfare that the creation or establishment of airport hazards be prevented and that this should
be accomplished to the extent legally possible, by exercise of the police power, without
compensation; and (3) deleted text begin thatdeleted text end the elimination or removal of existing land usesdeleted text begin , particularly
established residential neighborhoods in built-up urban areas,deleted text end or their designation as
nonconforming uses is not in the public interest and should be avoided whenever possible
consistent with reasonable standards of safety.
(c) It is further declared that the prevention of the creation or establishment of airport
hazards and the elimination, removal, alteration, mitigation, or marking and lighting of
existing airport hazards are new text begin essential new text end public deleted text begin purposesdeleted text end new text begin servicesnew text end for which political subdivisions
may raise and expend public funds and acquire land or property interests therein.
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 94.
Minnesota Statutes 2016, section 360.063, subdivision 1, is amended to read:
Subdivision 1.
Enforcement under police power.
(a) In order to prevent the creation
or establishment of airport hazards, every municipality having an airport hazard area within
its territorial limits may, unless a joint airport zoning board is permitted under subdivision
3, adopt, amend from time to time, administer, and enforce, under the police power and in
the manner and upon the conditions hereinafter prescribed, airport zoning regulations for
such airport hazard area, which regulations may divide such area into zones, and, within
such zones, specify the land uses permitted and regulate and restrict the height to which
structures and trees may be erected or allowed to grow.
(b) deleted text begin For the purpose of promotingdeleted text end new text begin In order to promotenew text end health, safety, order, convenience,
prosperity, general welfare and deleted text begin for conservingdeleted text end new text begin to conservenew text end property values and deleted text begin encouragingdeleted text end new text begin
encouragenew text end the most appropriate use of land, the municipality may regulate deleted text begin the location, size
and use of buildings and the density of population in that portion of an airport hazard area
under approach zones for a distance not to exceed two miles from the airport boundary and
in other portions of andeleted text end new text begin innew text end airport hazard deleted text begin area may regulate by land use zoning for a distance
not to exceed one mile from the airport boundary, and by height-restriction zoning for a
distance not to exceed 1-1/2 miles from the airport boundarydeleted text end new text begin areas: (1) land use; (2) height
restrictions; (3) the location, size, and use of buildings; and (4) the density of populationnew text end .
(c) The powers granted by this subdivision may be exercised by metropolitan airports
commissions in contiguous cities of the first class in and for which they have been created.
(d) In the case of airports owned or operated by the state of Minnesota such powers shall
be exercised by the state airport zoning boards or by the commissioner of transportation as
authorized herein.
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 95.
Minnesota Statutes 2016, section 360.063, subdivision 3, is amended to read:
Subd. 3.
Joint airport zoning board.
(a) Where an airport is owned or controlled by a
municipality and an airport hazard area appertaining to the airport is located within the
territorial limits of another county or municipality, the municipality owning or controlling
the airport may request a county or municipality in which an airport hazard area is located:
(1) to adopt and enforce airport zoning regulations for the area in question deleted text begin that conform
to standards prescribed by the commissioner pursuant to subdivision 4deleted text end new text begin under sections
360.0655 and 360.0656new text end ; or
(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning
or controlling municipality shall determine which of these actions it shall request, except
as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall
be made by certified mail to the governing body of each county and municipality in which
an airport hazard area is located.
(b) Where an airport is owned or controlled by a municipality and an airport hazard area
appertaining to the airport is located within the territorial limits of another county or
municipality, the municipality owning or controlling the airport and the county or other
municipality within which the airport hazard area is located may, by ordinance or resolution
duly adopted, create a joint airport zoning board, which board shall have the same power
to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard
area in question as that vested by subdivision 1 in the municipality within which the area
is located. A joint board shall have as members two representatives appointed by the
municipality owning or controlling the airport and two from the county or municipality, or
in case more than one county or municipality is involved two from each county or
municipality, in which the airport hazard is located, and in addition a chair elected by a
majority of the members so appointed. All members shall serve at the pleasure of their
respective appointing authority. Notwithstanding any other provision of law to the contrary,
if the owning and controlling municipality is a city of the first class it shall appoint four
members to the board, and the chair of the board shall be elected from the membership of
the board.
(c) If a county or municipality, within 60 days of receiving a request from an owning
or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to
enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the
owning or controlling municipality, or a joint airport zoning board created without
participation by the subdivisions which fail to join the board, may itself adopt, administer,
and enforce airport zoning regulations for the airport hazard area in question. In the event
of conflict between the regulations and airport zoning regulations adopted by the county or
municipality within which the airport hazard area is located, section 360.064, subdivision
2, applies.
(d) "Owning or controlling municipality," as used in this subdivision, includes:
(1) a joint airport operating board created pursuant to section 360.042 that has been
granted all the powers of a municipality in zoning matters under the agreement creating the
board;
(2) a joint airport operating board created pursuant to section 360.042 that has not been
granted zoning powers under the agreement creating the board; provided that the board shall
not itself adopt zoning regulations nor shall a joint airport zoning board created at its request
adopt zoning regulations unless all municipalities that created the joint operating board join
to create the joint zoning board; and
(3) the Metropolitan Airports Commission established and operated pursuant to chapter
473.
(e) The Metropolitan Airports Commission shall request creation of one joint airport
zoning board for each airport operated under its authority.
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 96.
Minnesota Statutes 2016, section 360.064, subdivision 1, is amended to read:
Subdivision 1.
Comprehensive regulations.
In the event that a municipality has adopted,
or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the
height of buildings, any airport zoning regulations applicable to the same area or portion
thereof deleted text begin maydeleted text end new text begin mustnew text end be new text begin incorporated by reference ornew text end incorporated in and made a part of such
comprehensive zoning regulations and be administered and enforced in connection therewith.
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 97.
Minnesota Statutes 2016, section 360.065, subdivision 1, is amended to read:
Subdivision 1.
Notice of proposed zoning regulations, hearing.
new text begin (a) new text end No airport zoning
regulations shall be adopted, amended, or changed under sections 360.011 to 360.076,
except by action of the governing body of the municipality deleted text begin ordeleted text end new text begin ,new text end county deleted text begin in questiondeleted text end , new text begin or joint
airport zoning board under section 360.0655 or 360.0656, new text end or the boards provided for in
section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions
6 and 8deleted text begin , after public hearings, at which parties in interest and citizens shall have an
opportunity to be hearddeleted text end .
new text begin (b)new text end A public hearing deleted text begin shalldeleted text end new text begin mustnew text end be held on the deleted text begin proposeddeleted text end new text begin airport zoningnew text end regulations
new text begin proposed by a municipality, county, or joint airport zoning board new text end before they are submitted
deleted text begin for approvaldeleted text end to the commissioner deleted text begin and after that approval but before final adoption by the
local zoning authoritydeleted text end new text begin for approvalnew text end .new text begin If any changes that alter the regulations placed on a
parcel of land are made to the proposed airport zoning regulations after the initial public
hearing, the municipality, county, or joint airport zoning board must hold a second public
hearing before final adoption of the regulation. The commissioner may require a second
hearing as determined necessary.
new text end
new text begin (c)new text end Notice of a hearing deleted text begin required pursuant to this subdivision shalldeleted text end new text begin mustnew text end be published by
the deleted text begin local zoning authoritydeleted text end new text begin municipality, county, or joint airport zoning boardnew text end at least three
times during the period between 15 days and five days before the hearing in an official
newspaper and in a second newspaper designated by that authority which has a wide general
circulation in the area affected by the proposed regulationsdeleted text begin .deleted text end new text begin and posted on the municipality's,
county's, or joint airport zoning board's Web site. If there is not a second newspaper of wide
general circulation in the area that the municipality, county, or joint airport zoning board
can designate for the notice, the municipality, county, or joint airport zoning board is only
required to publish the notice once in the official newspaper of the jurisdiction.new text end The notice
shall not be published in the legal notice section of a newspaper.new text begin The notice must specify
the time, location, and purpose of the hearing, and must identify any additional location and
time the proposed regulations will be available for public inspection. A copy of the published
notice must be added to the record of the proceedings.
new text end
new text begin (d)new text end Notice of a hearing deleted text begin shall also be mailed to the governing body of each political
subdivision in which property affected by the regulations is located. Notice shalldeleted text end new text begin mustnew text end be
given by mail at least deleted text begin 15deleted text end new text begin tennew text end days before each hearing to deleted text begin anydeleted text end persons deleted text begin in municipalities that
own land proposed to be included in safety zone A or B as provided in the rules of the
Department of Transportationdeleted text end and new text begin landowners where the location or size of a building, or
the density of population, will be regulated. Mailed notice must also be provided at least
ten days before each hearing new text end to persons or municipalities that have previously requested
such notice from the deleted text begin authority.deleted text end new text begin municipality, county, or joint airport zoning board. The
notice must specify the time, location, and purpose of the hearing, and must identify any
additional location and time the proposed regulations will be made available for public
inspection. Mailed notice must also identify the property affected by the regulations. new text end For
the purpose of deleted text begin givingdeleted text end new text begin providingnew text end mailed notice, the deleted text begin authoritydeleted text end new text begin municipality, county, or joint
airport zoning boardnew text end may use any appropriate records to determine the names and addresses
of owners. A copy of the notice and a list of the owners and addresses to which the notice
was sent deleted text begin shall be attested to by the responsible person and shalldeleted text end new text begin mustnew text end be deleted text begin made a part ofdeleted text end new text begin
added tonew text end the records of the proceedings. deleted text begin Thedeleted text end Failure to deleted text begin givedeleted text end new text begin providenew text end mailed notice to
individual property ownersdeleted text begin ,deleted text end or deleted text begin defectsdeleted text end new text begin a defectnew text end in the noticedeleted text begin , shalldeleted text end new text begin doesnew text end not invalidate the
proceedingsdeleted text begin ; provideddeleted text end new text begin ifnew text end a bona fide attempt to comply with this subdivision deleted text begin has beendeleted text end new text begin wasnew text end
made. deleted text begin A notice shall describe the property affected by the proposed regulations and the
restrictions to be imposed on the property by the regulations and shall state the place and
time at which the proposed regulations are available for public inspection.
deleted text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 98.
new text begin [360.0655] AIRPORT ZONING REGULATIONS BASED ON
COMMISSIONER'S STANDARDS; SUBMISSION PROCESS.
new text end
new text begin Subdivision 1.new text end
new text begin Submission to commissioner; review.new text end
new text begin (a) Except as provided in section
360.0656, prior to adopting zoning regulations the municipality, county, or joint airport
zoning board must submit the proposed regulations to the commissioner for the commissioner
to determine whether the regulations conform to the standards prescribed by the
commissioner. The municipality, county, or joint airport zoning board may elect to complete
custom airport zoning under section 360.0656 instead of using the commissioner's standard,
but only after providing written notice to the commissioner.
new text end
new text begin (b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period. If the commissioner requests additional information, the 90-day review period
is tolled until the commissioner receives information and deems the information satisfactory.
new text end
new text begin (c) If the commissioner objects on the grounds that the regulations do not conform to
the standards prescribed by the commissioner, the municipality, county, or joint airport
zoning board must make amendments necessary to resolve the objections or provide written
notice to the commissioner that the municipality, county, or joint airport zoning board has
elected to proceed with zoning under section 360.0656.
new text end
new text begin (d) If the municipality, county, or joint airport zoning board makes revisions to the
proposed regulations after its initial public hearing, the municipality, county, or joint airport
zoning board must conduct a second public hearing on the revisions and resubmit the revised
proposed regulations to the commissioner for review. The commissioner must examine the
revised proposed regulations within 90 days of receipt to determine whether the revised
proposed regulations conform to the standards prescribed by the commissioner.
new text end
new text begin (e) If, after a second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that conform to
the commissioner's standards, the commissioner must provide a final written decision to
the municipality, county, or joint airport zoning board.
new text end
new text begin (f) The municipality, county, or joint airport zoning board must not adopt regulations
or take other action until the proposed regulations are approved by the commissioner.
new text end
new text begin (g) The commissioner may approve local zoning ordinances that are more stringent than
the commissioner's standards.
new text end
new text begin (h) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end
new text begin (i) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end
new text begin (j) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end
new text begin Subd. 2.new text end
new text begin Protection of existing land uses.new text end
new text begin (a) In order to ensure minimum disruption
of existing land uses, the commissioner's airport zoning standards and local airport zoning
ordinances or regulations adopted under this section must distinguish between the creation
or establishment of a use and the elimination of an existing use, and must avoid the
elimination, removal, or reclassification of existing uses to the extent consistent with
reasonable safety standards. The commissioner's standards must include criteria for
determining when an existing land use may constitute an airport hazard so severe that public
safety considerations outweigh the public interest in preventing disruption to that land use.
new text end
new text begin (b) Airport zoning regulations that classify as a nonconforming use or require
nonconforming use classification with respect to any existing low-density structure or
existing isolated low-density building lots must be adopted under sections 360.061 to
360.074.
new text end
new text begin (c) A local airport zoning authority may classify a land use described in paragraph (b)
as an airport hazard if the authority finds that the classification is justified by public safety
considerations and is consistent with the commissioner's airport zoning standards. Any land
use described in paragraph (b) that is classified as an airport hazard must be acquired, altered,
or removed at public expense.
new text end
new text begin (d) This subdivision must not be construed to affect the classification of any land use
under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 99.
new text begin [360.0656] CUSTOM AIRPORT ZONING STANDARDS.
new text end
new text begin Subdivision 1.new text end
new text begin Custom airport zoning standards; factors.new text end
new text begin (a) Notwithstanding section
360.0655, a municipality, county, or joint airport zoning board must provide notice to the
commissioner when the municipality, county, or joint airport zoning board intends to establish
and adopt custom airport zoning regulations under this section.
new text end
new text begin (b) Airport zoning regulations submitted to the commissioner under this subdivision are
not subject to the commissioner's zoning regulations under section 360.0655 or Minnesota
Rules, part 8800.2400.
new text end
new text begin (c) When developing and adopting custom airport zoning regulations under this section,
the municipality, county, or joint airport zoning board must include in the record a detailed
analysis that explains how the proposed custom airport zoning regulations addressed the
following factors to ensure a reasonable level of safety:
new text end
new text begin (1) the location of the airport, the surrounding land uses, and the character of
neighborhoods in the vicinity of the airport, including:
new text end
new text begin (i) the location of vulnerable populations, including schools, hospitals, and nursing
homes, in the airport hazard area;
new text end
new text begin (ii) the location of land uses that attract large assemblies of people in the airport hazard
area;
new text end
new text begin (iii) the availability of contiguous open spaces in the airport hazard area;
new text end
new text begin (iv) the location of wildlife attractants in the airport hazard area;
new text end
new text begin (v) airport ownership or control of the federal Runway Protection Zone and the
department's Clear Zone;
new text end
new text begin (vi) land uses that create or cause interference with the operation of radio or electronic
facilities used by the airport or aircraft;
new text end
new text begin (vii) land uses that make it difficult for pilots to distinguish between airport lights and
other lights, result in glare in the eyes of pilots using the airport, or impair visibility in the
vicinity of the airport;
new text end
new text begin (viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the
aircraft;
new text end
new text begin (ix) airspace protection to prevent the creation of air navigation hazards in the airport
hazard area; and
new text end
new text begin (x) the social and economic costs of restricting land uses;
new text end
new text begin (2) the airport's type of operations and how the operations affect safety surrounding the
airport;
new text end
new text begin (3) the accident rate at the airport compared to a statistically significant sample, including
an analysis of accident distribution based on the rate with a higher accident incidence;
new text end
new text begin (4) the planned land uses within an airport hazard area, including any applicable platting,
zoning, comprehensive plan, or transportation plan; and
new text end
new text begin (5) any other information relevant to safety or the airport.
new text end
new text begin Subd. 2.new text end
new text begin Submission to commissioner; review.new text end
new text begin (a) Except as provided in section
360.0655, prior to adopting zoning regulations, the municipality, county, or joint airport
zoning board must submit its proposed regulations and the supporting record to the
commissioner for review. The commissioner must determine whether the proposed custom
airport zoning regulations and supporting record (1) evaluate the criteria under subdivision
1, and (2) provide a reasonable level of safety.
new text end
new text begin (b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period.
new text end
new text begin (c) If the commissioner objects on the grounds that the regulations do not provide a
reasonable level of safety, the municipality, county, or joint airport zoning board must
review, consider, and provide a detailed explanation demonstrating how it evaluated the
objections and what action it took or did not take in response to the objections. If the
municipality, county, or joint airport zoning board submits amended regulations after its
initial public hearing, the municipality, county, or joint airport zoning board must conduct
a second public hearing on the revisions and resubmit the revised proposed regulations to
the commissioner for review. The commissioner must examine the revised proposed
regulations within 90 days of receipt of the regulations. If the commissioner requests
additional information, the 90-day review period is tolled until satisfactory information is
received by the commissioner. Failure to respond within 90 days is deemed an approval.
new text end
new text begin (d) If, after the second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that provide a
reasonable safety level, the commissioner must provide a final written decision to the
municipality, county, or joint airport zoning board.
new text end
new text begin (e) A municipality, county, or joint airport zoning board is prohibited from adopting
custom regulations or taking other action until the proposed regulations are approved by
the commissioner.
new text end
new text begin (f) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end
new text begin (g) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end
new text begin (h) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 100.
Minnesota Statutes 2016, section 360.066, subdivision 1, is amended to read:
Subdivision 1.
Reasonableness.
deleted text begin Standards of the commissionerdeleted text end new text begin Zoning standardsnew text end defining
airport hazard areas and the categories of uses permitted and airport zoning regulations
adopted under sections 360.011 to 360.076deleted text begin , shalldeleted text end new text begin mustnew text end be reasonabledeleted text begin ,deleted text end and none shall impose
a requirement or restriction deleted text begin whichdeleted text end new text begin thatnew text end is not reasonably necessary to effectuate the purposes
of sections 360.011 to 360.076. deleted text begin In determining what minimum airport zoning regulations
may be adopted, the commissioner and a local airport zoning authority shall consider, among
other things, the character of the flying operations expected to be conducted at the airport,
the location of the airport, the nature of the terrain within the airport hazard area, the existing
land uses and character of the neighborhood around the airport, the uses to which the property
to be zoned are planned and adaptable, and the social and economic costs of restricting land
uses versus the benefits derived from a strict application of the standards of the commissioner.
deleted text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 101.
Minnesota Statutes 2016, section 360.067, is amended by adding a subdivision
to read:
new text begin Subd. 5.new text end
new text begin Federal no hazard determination.new text end
new text begin (a) Notwithstanding subdivisions 1 and 2,
a municipality, county, or joint airport zoning board may include in its custom airport zoning
regulations adopted under section 360.0656 an option to permit construction of a structure,
an increase or alteration of the height of a structure, or the growth of an existing tree without
a variance from height restrictions if the Federal Aviation Administration has analyzed the
proposed construction, alteration, or growth under Code of Federal Regulations, title 14,
part 77, and has determined the proposed construction, alteration, or growth does not:
new text end
new text begin (1) pose a hazard to air navigation;
new text end
new text begin (2) require changes to airport or aircraft operations; or
new text end
new text begin (3) require any mitigation conditions by the Federal Aviation Administration that cannot
be satisfied by the landowner.
new text end
new text begin (b) A municipality, county, or joint airport zoning board that permits an exception to
height restrictions under this subdivision must require the applicant to file the Federal
Aviation Administration's no hazard determination with the applicable zoning administrator.
The applicant must obtain written approval of the zoning administrator before construction,
alteration, or growth may occur. Failure of the administrator to respond within 60 days to
a filing under this subdivision is deemed a denial. The Federal Aviation Administration's
no hazard determination does not apply to requests for variation from land use, density, or
any other requirement unrelated to the height of structures or the growth of trees.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 102.
Minnesota Statutes 2016, section 360.071, subdivision 2, is amended to read:
Subd. 2.
Membership.
new text begin (a) new text end Where a zoning board of appeals or adjustment already exists,
it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall
consist of five members, each to be appointed for a term of three years by the authority
adopting the regulations and to be removable by the appointing authority for cause, upon
written charges and after public hearing. new text begin The length of initial appointments may be staggered.
new text end
new text begin (b) new text end In the case of a Metropolitan Airports Commission, five members shall be appointed
by the commission new text begin chair new text end from the area in and for which the commission was created, any
of whom may be members of the commission. In the case of an airport owned or operated
by the state of Minnesota, the board of commissioners of the county, or counties, in which
the airport hazard area is located shall constitute the airport board of adjustment and shall
exercise the powers and duties of such board as provided herein.
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 103.
Minnesota Statutes 2016, section 360.305, subdivision 6, is amended to read:
Subd. 6.
Zoning required.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end not expend money for new text begin planning
or new text end land acquisition, deleted text begin ordeleted text end for the construction, improvement, or maintenance of airports, or for
air navigation facilities for an airport, unless the deleted text begin governmental unitdeleted text end new text begin municipality, county,
or joint airport zoning boardnew text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text begin The commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation. new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end make maximum use of zoning and easements
to eliminate runway and other potential airport hazards rather than land acquisition in fee.
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 104.
Minnesota Statutes 2016, section 394.22, is amended by adding a subdivision
to read:
new text begin Subd. 1a.new text end
new text begin Airport safety zone.new text end
new text begin "Airport safety zone" means an area subject to land use
zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate
(1) the size or location of buildings, or (2) the density of population.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018.
new text end
Sec. 105.
Minnesota Statutes 2016, section 394.23, is amended to read:
394.23 COMPREHENSIVE PLAN.
The board has the power and authority to prepare and adopt by ordinance, a
comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
the basis for official controls adopted under the provisions of sections 394.21 to 394.37.
The commissioner of natural resources must provide the natural heritage data from the
county biological survey, if available, to each county for use in the comprehensive plan.
When adopting or updating the comprehensive plan, the board must, if the data is available
to the county, consider natural heritage data resulting from the county biological survey. In
a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision
10b, the board must consider adopting goals and objectives that will protect open space and
the environment.new text begin The board must consider the location and dimensions of airport safety
zones in any portion of the county, and of any airport improvements, identified in the airport's
most recent approved airport layout plan.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 106.
Minnesota Statutes 2016, section 394.231, is amended to read:
394.231 COMPREHENSIVE PLANS IN GREATER MINNESOTA; OPEN SPACE.
A county adopting or updating a comprehensive plan in a county outside the metropolitan
area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent
area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and
objectives for the preservation of agricultural, forest, wildlife, and open space land, and
minimizing development in sensitive shoreland areas. Within three years of updating the
comprehensive plan, the county shall consider adopting ordinances as part of the county's
official controls that encourage the implementation of the goals and objectives. The county
shall consider the following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text begin (4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
deleted text begin (5)deleted text end new text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
deleted text begin (6)deleted text end new text begin (7)new text end identification of areas where other developments are appropriate; and
deleted text begin (7)deleted text end new text begin (8)new text end other goals and objectives a county may identify.
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 107.
Minnesota Statutes 2016, section 394.25, subdivision 3, is amended to read:
Subd. 3.
In district zoning, maps.
Within each such district zoning ordinances or maps
may also be adopted designating or limiting the location, height, width, bulk, type of
foundation, number of stories, size of, and the specific uses for which dwellings, buildings,
and structures may be erected or altered; the minimum and maximum size of yards, courts,
or other open spaces; setback from existing roads and highways and roads and highways
designated on an official map; protective measures necessary to protect the public interest
including but not limited to controls relating to appearance, signs, lighting, hours of operation
and other aesthetic performance characteristics including but not limited to noise, heat,
glare, vibrations and smoke; the area required to provide for off street loading and parking
facilities; heights of trees and structures near airports; and to avoid too great concentration
or scattering of the population. All such provisions shall be uniform for each class of land
or building throughout each district, but the provisions in one district may differ from those
in other districts. No provision may prohibit earth sheltered construction as defined in section
216C.06, subdivision 14, or manufactured homes built in conformance with sections 327.31
to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section.new text begin
Airport safety zones must be included on maps that illustrate boundaries of zoning districts
and that are adopted as official controls.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end
Sec. 108.
Minnesota Statutes 2016, section 462.352, is amended by adding a subdivision
to read:
new text begin Subd. 1a.new text end
new text begin Airport safety zone.new text end
new text begin "Airport safety zone" has the meaning given in section
394.22, subdivision 1a.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018.
new text end
Sec. 109.
Minnesota Statutes 2016, section 462.355, subdivision 1, is amended to read:
Subdivision 1.
Preparation and review.
The planning agency shall prepare the
comprehensive municipal plan. In discharging this duty the planning agency shall consult
with and coordinate the planning activities of other departments and agencies of the
municipality to insure conformity with and to assist in the development of the comprehensive
municipal plan. In its planning activities the planning agency shall take due cognizance of
the planning activities of adjacent units of government and other affected public agencies.
The planning agency shall periodically review the plan and recommend amendments
whenever necessary. When preparing or recommending amendments to the comprehensive
plan, the planning agency of a municipality located within a county that is not a greater than
80 percent area, as defined in section 103G.005, subdivision 10b, must consider adopting
goals and objectives that will protect open space and the environment.new text begin When preparing or
recommending amendments to the comprehensive plan, the planning agency must consider
(1) the location and dimensions of airport safety zones in any portion of the municipality,
and (2) any airport improvements identified in the airport's most recent approved airport
layout plan.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 110.
Minnesota Statutes 2016, section 462.357, is amended by adding a subdivision
to read:
new text begin Subd. 1i.new text end
new text begin Airport safety zones on zoning maps.new text end
new text begin Airport safety zones must be included
on maps that illustrate boundaries of zoning districts and that are adopted as official controls.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end
Sec. 111.
Minnesota Statutes 2016, section 462.357, subdivision 9, is amended to read:
Subd. 9.
Development goals and objectives.
In adopting official controls after July 1,
2008, in a municipality outside the metropolitan area, as defined by section 473.121,
subdivision 2, the municipality shall consider restricting new residential, commercial, and
industrial development so that the new development takes place in areas subject to the
following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text begin (4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
deleted text begin (5)deleted text end new text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
deleted text begin (6)deleted text end new text begin (7)new text end identification of areas where other developments are appropriate; and
deleted text begin (7)deleted text end new text begin (8)new text end other goals and objectives a municipality may identify.
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
Sec. 112.
Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision
to read:
new text begin Subd. 1d.new text end
new text begin Budget changes or variances; reports.new text end
new text begin At least quarterly by January 1, April
1, July 1, and October 1, the council must submit a summary to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over transportation policy and finance and to the Legislative Commission on Metropolitan
Government on any changes to or variances from the budget adopted under subdivision 1.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 113.
Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision
to read:
new text begin Subd. 6.new text end
new text begin Overview of revenues and expenditures; forecast.new text end
new text begin (a) In cooperation with
the Department of Management and Budget and in conjunction with the release of each
forecast required by section 16A.103, the council must prepare a financial overview and
forecast of revenues and expenditures for the transportation components of the council's
budget.
new text end
new text begin (b) At a minimum, the financial overview and forecast must identify:
new text end
new text begin (1) actual revenues, expenditures, transfers, reserves, and balances for each of the previous
four budget years;
new text end
new text begin (2) budgeted and forecasted revenues, expenditures, transfers, reserves, and balances
for each year within the state forecast period; and
new text end
new text begin (3) a comparison of the information under clause (2) to the prior forecast, including any
changes made.
new text end
new text begin (c) The information under paragraph (b), clauses (1) and (2), must include:
new text end
new text begin (1) a breakdown for each transportation operating budget category established by the
council, including but not limited to bus, light rail transit, commuter rail, planning, special
transportation service under section 473.386, and assistance to replacement service providers
under section 473.388;
new text end
new text begin (2) data for both transportation operating and capital expenditures; and
new text end
new text begin (3) fund balances for each replacement service provider under section 473.388.
new text end
new text begin (d) The financial overview and forecast must summarize reserve policies, identify the
methodology for cost allocation, and review revenue assumptions and variables affecting
the assumptions.
new text end
new text begin (e) The council must review the financial overview and forecast information with the
chairs, ranking minority members, and staff of the legislative committees with jurisdiction
over finance, ways and means, and transportation finance no later than two weeks following
the release of the forecast.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 114.
Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision
to read:
new text begin Subd. 7.new text end
new text begin Budget assumptions.new text end
new text begin (a) As part of the budget submission to the legislature
under section 16A.11, the council must explicitly identify the assumptions used (1) to prepare
the budget submission, and (2) for any underlying documentation or plans regarding
transportation and transit.
new text end
new text begin (b) As part of the budget submission to the legislature under section 16A.11, the council
must include copies of any report, application, or related document submitted to the Federal
Transit Administration since the previous budget submission was provided to the legislature.
In the budget submission, the council must explicitly identify the assumptions used to
prepare each of the reports, applications, or related documents.
new text end
new text begin (c) In the budget submission to the legislature under section 16A.11, the council must
include a section that provides a detailed explanation of the impact each assumption identified
in paragraphs (a) and (b) has on the council's financial forecast.
new text end
new text begin APPLICATION.new text end
new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 115.
Minnesota Statutes 2016, section 473.386, subdivision 3, is amended to read:
Subd. 3.
Duties of council.
In implementing the special transportation service, the council
deleted text begin shalldeleted text end new text begin mustnew text end :
deleted text begin (a)deleted text end new text begin (1)new text end encourage participation in the service by public, private, and private nonprofit
providers of special transportation currently receiving capital or operating assistance from
a public agency;
deleted text begin (b)deleted text end new text begin (2)new text end when feasible and cost-efficient, contract with public, private, and private nonprofit
providers that have demonstrated their ability to effectively provide service at a reasonable
cost;
deleted text begin (c)deleted text end new text begin (3)new text end encourage individuals using special transportation to use the type of service most
appropriate to their particular needs;
deleted text begin (d)deleted text end new text begin (4)new text end encourage shared rides to the greatest extent practicable;
deleted text begin (e)deleted text end new text begin (5)new text end encourage public agencies that provide transportation to eligible individuals as
a component of human services and educational programs to coordinate with this service
and to allow reimbursement for transportation provided through the service at rates that
reflect the public cost of providing that transportation;
deleted text begin (f)deleted text end new text begin (6)new text end establish criteria to be used in determining individual eligibility for special
transportation services;
deleted text begin (g)deleted text end new text begin (7)new text end consult with the Transportation Accessibility Advisory Committee in a timely
manner before changes are made in the provision of special transportation services;
deleted text begin (h)deleted text end new text begin (8)new text end provide for effective administration and enforcement of council policies and
standards; and
deleted text begin (i)deleted text end new text begin (9)new text end ensure that, taken as a whole including contracts with public, private, and private
nonprofit providers, the geographic coverage area of the special transportation service is
continuous within the boundaries of the transit taxing district, as defined as of March 1,
2006, in section 473.446, subdivision 2new text begin , and any area added to the transit taxing district
under section 473.4461 that received capital improvements financed in part under the United
States Department of Transportation Urban Partnership Agreement programnew text end .
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective July 1, 2019, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 116.
Minnesota Statutes 2016, section 473.386, is amended by adding a subdivision
to read:
new text begin Subd. 9.new text end
new text begin Data practices.new text end
new text begin (a) For purposes of administering this section, and only with
the consent of the data subject, the commissioner of human services and the Metropolitan
Council may share the following private data on individuals eligible for special transportation
services:
new text end
new text begin (1) name;
new text end
new text begin (2) date of birth;
new text end
new text begin (3) residential address; and
new text end
new text begin (4) program eligibility status with expiration date, to inform the other party of program
eligibility.
new text end
new text begin (b) The commissioner of human services and the Metropolitan Council must provide
notice regarding data sharing to each individual applying for or renewing eligibility to use
special transportation services. The notice must seek consent to engage in data sharing under
paragraph (a), and must state how and for what purposes the individual's private data will
be shared between the commissioner of human services and the Metropolitan Council. A
consent to engage in data sharing is effective until the individual's eligibility expires, but
may be renewed if the individual applies to renew eligibility.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Within 60 days of this section's effective date, the commissioner of human services and the
Metropolitan Council must provide notice regarding data sharing to each individual who is
currently receiving special transportation services under Minnesota Statutes, section 473.386.
The notice must provide an opportunity to opt out of data sharing under paragraph (a) of
this section, and must state how and for what purposes the individual's private data will be
shared between the commissioner of human services and the Metropolitan Council. An
individual who is currently receiving special transportation services on this section's effective
date is presumed to have consented to data sharing under paragraph (a) unless, within 60
days of the dissemination of the notice, the individual appropriately informs the commissioner
of human services or the Metropolitan Council that the individual opts out of data sharing.
new text end
Sec. 117.
Minnesota Statutes 2017 Supplement, section 473.4051, subdivision 2, is amended
to read:
Subd. 2.
Operating costs.
(a) After operating revenue and federal money have been
used to pay for light rail transit operations, 50 percent of the remaining operating costs must
be paid by the state.
(b) Notwithstanding paragraph (a), all operating and ongoing capital maintenance costs
must be paid from nonstate sources for a segment of a light rail transit line or line extension
project that formally entered the engineering phase of the Federal Transit Administration's
"New Starts" capital investment grant program between August 1, 2016, and December 31,
2016.
new text begin (c) For purposes of this subdivision, operating costs consist of the costs associated with
light rail system daily operations and the maintenance costs associated with keeping light
rail services and facilities operating. Operating costs do not include costs incurred to construct
new buildings or facilities, purchase new vehicles, or make technology improvements.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 118.
Minnesota Statutes 2016, section 473.4051, subdivision 3, is amended to read:
Subd. 3.
Capital costs.
State money deleted text begin maydeleted text end new text begin mustnew text end not be used deleted text begin to pay more than ten percent
ofdeleted text end new text begin fornew text end the deleted text begin totaldeleted text end capital cost of a light rail transit project.
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin This section is effective June 1, 2018, for
appropriations encumbered on or after that date and applies in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 119.
Minnesota Statutes 2017 Supplement, section 473.4485, subdivision 2, is amended
to read:
Subd. 2.
Legislative report.
(a) By October 15 in every even-numbered year, the council
must prepare, in collaboration with the commissioner, a report on comprehensive transit
finance in the metropolitan area. The council must submit the report electronically to the
chairs and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance.
(b) The report must be structured to provide financial information in six-month increments
corresponding to state and local fiscal years, and must use consistent assumptions and
methodologies. new text begin The report must explicitly identify and explain the assumptions and
methodologies used to prepare the report. new text end The report must comprehensively identify all
funding sources and expenditures related to transit in the metropolitan area, including but
not limited to:
(1) sources and uses of funds from regional railroad authorities, joint powers agreements,
counties, and cities;
(2) expenditures for transit planning, feasibility studies, alternatives analysis, and other
transit project development; and
(3) expenditures for guideways, busways, regular route bus service, demand-response
service, and special transportation service under section 473.386.
(c) The report must include a section that summarizes the status of (1) guideways in
revenue operation, and (2) guideway projects (i) currently in study, planning, development,
or construction; (ii) identified in the transportation policy plan under section 473.146; or
(iii) identified in the comprehensive statewide freight and passenger rail plan under section
174.03, subdivision 1b.
(d) At a minimum, the guideways status section of the report must provide for each
guideway project wholly or partially in the metropolitan area:
(1) a brief description of the project, including projected ridership;
(2) a summary of the overall status and current phase of the project;
(3) a timeline that includes (i) project phases or milestones, including any federal
approvals; (ii) expected and known dates of commencement of each phase or milestone;
and (iii) expected and known dates of completion of each phase or milestone;
(4) a brief progress update on specific project phases or milestones completed since the
last previous submission of a report under this subdivision; and
(5) a summary financial plan that identifies, as reflected by the data and level of detail
available in the latest phase of project development and to the extent available:
(i) capital expenditures, including expenditures to date and total projected expenditures,
with a breakdown by committed and proposed sources of funds for the project;
(ii) estimated annual operations and maintenance expenditures reflecting the level of
detail available in the current phase of the project development, with a breakdown by
committed and proposed sources of funds for the project; and
(iii) if feasible, project expenditures by budget activity.
(e) The report must include a section that summarizes the status of (1) busways in revenue
operation, and (2) busway projects currently in study, planning, development, or construction.
(f) The report must include a section that identifies the total ridership, farebox recovery
ratio, and per-passenger operating subsidy for (1) each route and line in revenue operation
by a transit provider, including guideways, busways, and regular route bus service; and (2)
demand-response service and special transportation service. The section must provide data,
as available on a per-passenger mile basis and must provide information for at least the
previous three years. The section must identify performance standards for farebox recovery
and identify each route and line that does not meet the standards.
(g) The report must also include a systemwide capacity analysis for transit operations
and investment in expansion and maintenance that:
(1) provides a funding projection, annually over the ensuing ten years, and with a
breakdown by committed and proposed sources of funds, of:
(i) total capital expenditures for guideways and for busways;
(ii) total operations and maintenance expenditures for guideways and for busways;
(iii) total funding available for guideways and for busways, including from projected or
estimated farebox recovery; and
(iv) total funding available for transit service in the metropolitan area; and
(2) evaluates the availability of funds and distribution of sources of funds for guideway
and for busway investments.
(h) The capacity analysis under paragraph (g) must include all guideway and busway
lines for which public funds are reasonably expected to be expended in planning,
development, construction, revenue operation, or capital maintenance during the ensuing
ten years.
(i) Local units of government must provide assistance and information in a timely manner
as requested by the commissioner or council for completion of the report.
new text begin APPLICATION.new text end
new text begin This section applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 120.
Minnesota Statutes 2016, section 473.606, subdivision 5, is amended to read:
Subd. 5.
Employees, others, affirmative action; prevailing wage.
The corporation
deleted text begin shall havedeleted text end new text begin hasnew text end the power to appoint engineers and other consultants, attorneys, and deleted text begin suchdeleted text end
other officers, agents, and employees as it may see fit, who deleted text begin shalldeleted text end new text begin mustnew text end perform such duties
and receive such compensation as the corporation may determinenew text begin notwithstanding the
provisions of section 43A.17, subdivision 9new text end , and be removable at the pleasure of the
corporation. The corporation must adopt an affirmative action plan, which deleted text begin shalldeleted text end new text begin mustnew text end be
submitted to the appropriate agency or office of the state for review and approval. The plan
must include a yearly progress report to the agency or office. Whenever the corporation
performs any work within the limits of a city of the first class, or establishes a minimum
wage for skilled or unskilled labor in the specifications or any contract for work within one
of the cities, the rate of pay to such skilled and unskilled labor must be the prevailing rate
of wage for such labor in that city.
Sec. 121.
Minnesota Statutes 2016, section 574.26, subdivision 1a, is amended to read:
Subd. 1a.
Exemptions: certain manufacturers; commissioner of transportation;
road maintenance.
(a) Sections 574.26 to 574.32 do not apply to a manufacturer of public
transit buses that manufactures at least 100 public transit buses in a calendar year. For
purposes of this section, "public transit bus" means a motor vehicle designed to transport
people, with a design capacity for carrying more than 40 passengers, including the driver.
The term "public transit bus" does not include a school bus, as defined in section 169.011,
subdivision 71.
(b) At the discretion of the commissioner of transportation, sections 574.26 to 574.32
do not apply to any projects of the Department of Transportation (1) costing less than the
amount in section 471.345, subdivision 3, deleted text begin ordeleted text end (2) involving the permanent or semipermanent
installation of heavy machinery, fixtures, or other capital equipment to be used primarily
for maintenance or repairnew text begin , or (3) awarded under section 161.32, subdivision 2new text end .
(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal,
grading, or other similar routine road maintenance on town roads.
Sec. 122.
Laws 2014, chapter 312, article 11, section 38, subdivision 5, is amended to
read:
Subd. 5.
Pilot program evaluation.
In coordination with the city, the commissioner of
transportation shall evaluate effectiveness of the pilot program under this section, which
must include analysis of traffic safety impacts, utility to motorists and tourists, costs and
expenditures, extent of community support, and pilot program termination or continuation.
By January 15, deleted text begin 2021deleted text end new text begin 2024new text end , the commissioner shall submit a report on the evaluation to the
deleted text begin chairs and ranking minoritydeleted text end membersnew text begin and staffnew text end of the legislative committees with jurisdiction
over transportation policy and finance.
Sec. 123.
Laws 2014, chapter 312, article 11, section 38, subdivision 6, is amended to
read:
Subd. 6.
Expiration.
The pilot program under this section expires January 1, deleted text begin 2022deleted text end new text begin 2025new text end .
Sec. 124. new text begin EDITING MNLARS TRANSACTIONS.
new text end
new text begin (a) The commissioner of public safety must ensure deputy registrars are able to edit, at
a minimum, the following information as part of a Minnesota Licensing and Registration
System (MNLARS) transaction:
new text end
new text begin (1) personal information of the applicant;
new text end
new text begin (2) vehicle classification and information about a vehicle or trailer;
new text end
new text begin (3) sale price of a vehicle or trailer;
new text end
new text begin (4) the amount of taxes and fees; and
new text end
new text begin (5) the base value of a vehicle or trailer.
new text end
new text begin (b) The ability to edit the transactions under paragraph (a) must be available until the
end of the business day following the day the transaction was initially completed.
new text end
new text begin (c) For each transaction edited, MNLARS must (1) record which individual edited the
record, the date and time the record was edited, and what information was edited, and (2)
include a notation that the transaction was edited.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2019.
new text end
Sec. 125. new text begin LEGISLATIVE ROUTE NO. 180 TURNBACK; SPEED LIMIT.
new text end
new text begin If the commissioner of transportation turns back any portion of Legislative Route No.
180 to Grant County, the speed limit on that portion of the road after it is turned back must
remain 60 miles per hour.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 126. new text begin LEGISLATIVE ROUTE NO. 222 REMOVED.
new text end
new text begin (a) Minnesota Statutes, section 161.115, subdivision 153, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Red Lake County to transfer jurisdiction of
Legislative Route No. 222 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 127. new text begin LEGISLATIVE ROUTE NO. 253 REMOVED.
new text end
new text begin (a) Minnesota Statutes, section 161.115, subdivision 184, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 253 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 128. new text begin LEGISLATIVE ROUTE NO. 254 REMOVED.
new text end
new text begin (a) Minnesota Statutes, section 161.115, subdivision 185, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 254 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 129. new text begin LEGISLATIVE ROUTE NO. 277 REMOVED.
new text end
new text begin (a) Minnesota Statutes, section 161.115, subdivision 208, is repealed effective June 1,
2018, or the day after the commissioner of transportation receives a copy of the agreement
between the commissioner and the governing body of Chippewa County to transfer
jurisdiction of Legislative Route No. 277 and after the commissioner notifies the revisor of
statutes under paragraph (b), whichever is later.
new text end
new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 130. new text begin LEGISLATIVE ROUTE NO. 298 REMOVED.
new text end
new text begin (a) Minnesota Statutes, section 161.115, subdivision 229, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 298 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 131. new text begin LEGISLATIVE ROUTE NO. 299 REMOVED.
new text end
new text begin (a) Minnesota Statutes, section 161.115, subdivision 230, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 299 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 132. new text begin LEGISLATIVE ROUTE NO. 323 REMOVED.
new text end
new text begin (a) Minnesota Statutes, section 161.115, subdivision 254, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 323 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 133. new text begin DEPARTMENT OF TRANSPORTATION LOAN CONVERSION AND
LIEN RELEASE.
new text end
new text begin The commissioner of transportation must (1) convert to a grant the remaining balance
on Minnesota Department of Transportation Contract No. 1000714, originally executed as
of June 1, 2015, with Minnesota Commercial Railway Company; (2) cancel all future
payments under the contract; (3) release liens on the locomotives designated as MNNR 49
and MNNR 84; and (4) perform the appropriate filing. The commissioner is prohibited from
requiring or accepting additional payments under the contract as of the effective date of this
section. Notwithstanding the loan conversion and payment cancellation under this section,
all other terms and conditions under Contract No. 1000714 remain effective for the duration
of the period specified in the contract.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 134. new text begin NORTHSTAR CORRIDOR EXTENSION; NEGOTIATIONS.
new text end
new text begin The Department of Transportation must contact Burlington Northern Santa Fe Railway
(BNSF) to negotiate an extension of the Northstar Corridor between Big Lake and St. Cloud.
Negotiations under this section are subject to the following conditions:
new text end
new text begin (1) the Northstar Corridor will add at least one morning round trip departure between
the St. Cloud Amtrak Depot and Big Lake Station with continuing service to Target Station
each weekday, plus one evening round trip between Big Lake Station and St. Cloud Amtrak
Depot that must begin at Target Station, with the departure and arrival times set so that
approximately ten or more hours elapse between the morning departure and evening return
each day for both round trips. The Department of Transportation may also negotiate weekend
departures and arrivals between St. Cloud and Target Station;
new text end
new text begin (2) the Department of Transportation may negotiate for fewer round trip departures from
Big Lake to Target Station each weekday, and fewer round trip departures on weekends;
new text end
new text begin (3) BNSF must continue to crew and dispatch all trains and provide other track-related
services;
new text end
new text begin (4) the St. Cloud Metropolitan Transit Commission (MTC) must be responsible for fare
collection in St. Cloud and must negotiate with Amtrak for using the Amtrak station. The
MTC must negotiate an agreement with the Metropolitan Council, which is subject to
approval by the city of St. Cloud, regarding the sharing of revenues and expenses related
to the Amtrak Depot, fare collection, and advertising. The MTC, city of St. Cloud, and
Stearns, Benton, and Sherburne Counties are prohibited from entering into agreements with
the Metropolitan Council on any subject other than the operation of the Northstar Corridor;
new text end
new text begin (5) the Department of Transportation is prohibited from committing to spend any state
funds on capital expenditures;
new text end
new text begin (6) the Department of Transportation is prohibited from committing to spend any more
state funds on operating costs than the total sum it and the Metropolitan Council have
budgeted for the Northstar Corridor; and
new text end
new text begin (7) the Department of Transportation may negotiate with the federal government, counties
and cities, or the Northstar Corridor Development Authority to provide additional funding
for services necessary to extend the Northstar Corridor.
new text end
Sec. 135. new text begin NORTHSTAR COMMUTER RAIL OPERATING COSTS; EXCEPTION.
new text end
new text begin (a) Minnesota Statutes, section 398A.10, subdivision 2, does not apply for reserve funds
available to the Anoka County Regional Railroad Authority as of June 30, 2018, that are
used to pay operating and maintenance costs of Northstar Commuter Rail.
new text end
new text begin (b) This section expires on January 1, 2021.
new text end
Sec. 136. new text begin MARKED INTERSTATE HIGHWAY 35 SIGNS.
new text end
new text begin The commissioner of transportation must erect signs that identify and direct motorists
to the campuses of Minnesota State Academy for the Deaf and Minnesota State Academy
for the Blind under Minnesota Statutes, sections 125A.61 to 125A.73. At least one sign in
each direction of travel must be placed on marked Interstate Highway 35, located as near
as practical to exits that reasonably access the campuses. The commissioner is prohibited
from removing signs for the campuses posted on marked Trunk Highway 60.
new text end
Sec. 137. new text begin MOTOR VEHICLE TITLE AND REGISTRATION ADVISORY
COMMITTEE; FIRST APPOINTMENTS; FIRST MEETING.
new text end
new text begin Subdivision 1.new text end
new text begin First appointments.new text end
new text begin Appointment authorities must make first
appointments to the Motor Vehicle Title and Registration Advisory Committee by September
15, 2018.
new text end
new text begin Subd. 2.new text end
new text begin First meeting.new text end
new text begin The commissioner of public safety or a designee must convene
the first meeting of the advisory committee by November 1, 2018.
new text end
Sec. 138. new text begin PUBLIC AWARENESS CAMPAIGN.
new text end
new text begin The commissioner of public safety must conduct a public awareness campaign to increase
public knowledge about Minnesota Statutes, section 169.18, subdivision 10.
new text end
Sec. 139. new text begin RETROACTIVE DRIVER'S LICENSE REINSTATEMENT.
new text end
new text begin (a) The commissioner of public safety must make an individual's driver's license eligible
for reinstatement if the license is solely suspended pursuant to:
new text end
new text begin (1) Minnesota Statutes 2016, section 171.16, subdivision 2, if the person was convicted
only under Minnesota Statutes, section 171.24, subdivision 1 or 2;
new text end
new text begin (2) Minnesota Statutes 2016, section 171.16, subdivision 3; or
new text end
new text begin (3) both clauses (1) and (2).
new text end
new text begin (b) By May 1, 2019, the commissioner must provide written notice to an individual
whose license has been made eligible for reinstatement under paragraph (a), addressed to
the licensee at the licensee's last known address.
new text end
new text begin (c) Before the license is reinstated, an individual whose driver's license is eligible for
reinstatement under paragraph (a) must pay the reinstatement fee under Minnesota Statutes,
section 171.20, subdivision 4.
new text end
new text begin (d) The following applies for an individual who is eligible for reinstatement under
paragraph (a), clause (1), (2), or (3), and whose license was suspended, revoked, or canceled
under any other provision in Minnesota Statutes:
new text end
new text begin (1) the suspension, revocation, or cancellation under any other provision in Minnesota
Statutes remains in effect;
new text end
new text begin (2) subject to clause (1), the individual may become eligible for reinstatement under
paragraph (a), clause (1), (2), or (3); and
new text end
new text begin (3) the commissioner is not required to send the notice described in paragraph (b).
new text end
new text begin (e) Paragraph (a) applies notwithstanding Minnesota Statutes 2016, sections 169.92,
subdivision 4; 171.16, subdivision 2 or 3; or any other law to the contrary.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective April 1, 2019.
new text end
Sec. 140. new text begin COMMERCIAL DRIVER'S LICENSE FEDERAL REGULATION
WAIVER REQUEST.
new text end
new text begin For the sole purpose of authorizing a person to drive a bus with no passengers to deliver
the bus to the purchaser, the commissioner of public safety must apply to the Federal Motor
Carrier Safety Administration for a waiver from Code of Federal Regulations, title 49,
section 383.93, and any other federal rule or regulation that requires a person to have a
passenger endorsement.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective June 1, 2018.
new text end
Sec. 141. new text begin REVISOR INSTRUCTIONS.
new text end
new text begin (a) The revisor of statutes shall renumber Minnesota Statutes, section 160.02, subdivision
27a, as Minnesota Statutes, section 169.011, subdivision 73a. The revisor shall correct any
cross-references made necessary by this renumbering.
new text end
new text begin (b) The revisor of statutes shall change the term "special revenue fund" to "driver and
vehicle services fund" wherever the term appears in Minnesota Statutes when referring to
the accounts under Minnesota Statutes, section 299A.705.
new text end
Sec. 142. new text begin REPEALER.
new text end
new text begin (a)new text end new text begin Minnesota Statutes 2016, section 168.013, subdivision 21,new text end new text begin is repealed.
new text end
new text begin (b)new text end new text begin Minnesota Statutes 2016, section 221.161, subdivisions 2, 3, and 4,new text end new text begin are repealed.
new text end
new text begin (c)new text end new text begin Minnesota Statutes 2016, sections 360.063, subdivision 4; 360.065, subdivision 2;
and 360.066, subdivisions 1a and 1b,new text end new text begin are repealed.
new text end
new text begin EFFECTIVE DATE; APPLICATION.new text end
new text begin Paragraph (c) is effective August 1, 2018, and
applies to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date. Airport safety zoning ordinances that were approved
by the commissioner and effective before August 1, 2018, remain valid until or unless the
airport sponsor (1) makes or plans to make changes to runway lengths or configurations,
or (2) is required to update airport safety zoning ordinances.
new text end
ARTICLE 25
AGRICULTURE APPROPRIATIONS
Section 1.
Laws 2007, chapter 45, article 1, section 4, is amended to read:
Sec. 4. BOARD OF ANIMAL HEALTH | $ | 3,574,000 | $ | 3,455,000 | ||
$448,000 the first year and $363,000 the
second year are for bovine tuberculosis
eradication and surveillance in cattle herds.
Of this amount, $159,000 is permanent.
$100,000 the first year is for reimbursements
under Minnesota Statutes, section 35.085. This
appropriation is available until deleted text begin spentdeleted text end new text begin June 30,
2021, at which time any remaining balance
shall be transferred to the agricultural
emergency account under Minnesota Statutes,
section 17.041new text end .
$200,000 the first year and $200,000 the
second year are for a program to control
paratuberculosis (Johne's disease) in domestic
bovine herds.
$80,000 the first year and $80,000 the second
year are for a program to investigate the avian
pneumovirus disease and to identify the
infected flocks. This appropriation must be
matched on a dollar-for-dollar or in-kind basis
with nonstate sources and is in addition to
money currently designated for turkey disease
research. Costs of blood sample collection,
handling, and transportation, in addition to
costs associated with early diagnosis tests and
the expenses of vaccine research trials, may
be credited to the match.
$400,000 the first year and $400,000 the
second year are for the purposes of cervidae
inspection as authorized in Minnesota Statutes,
section 35.155.
Sec. 2.
Laws 2017, chapter 88, article 1, section 2, subdivision 2, is amended to read:
Subd. 2.Protection Services | 17,821,000 | 17,825,000 | ||||
| Appropriations by Fund | ||
| 2018 | 2019 | |
| General | 17,428,000 | 17,428,000 |
| Remediation | 393,000 | 397,000 |
(a) $25,000 the first year and $25,000 the
second year are to develop and maintain
cottage food license exemption outreach and
training materials.
(b) $75,000 the first year and $75,000 the
second year are to coordinate the correctional
facility vocational training program and to
assist entities that have explored the feasibility
of establishing a USDA-certified or state
"equal to" food processing facility within 30
miles of the Northeast Regional Corrections
Center.
(c) $125,000 the first year and $125,000 the
second year are for additional funding for the
noxious weed and invasive plant program.
These are onetime appropriations.
(d) $250,000 the first year and $250,000 the
second year are for transfer to the pollinator
habitat and research account in the agricultural
fund. These are onetime transfers.
(e) $393,000 the first year and $397,000 the
second year are from the remediation fund for
administrative funding for the voluntary
cleanup program.
(f) $200,000 the first year and $200,000 the
second year are for the industrial hemp pilot
program under Minnesota Statutes, section
18K.09. These are onetime appropriations.
(g) $175,000 the first year and $175,000 the
second year are for compensation for
destroyed or crippled livestock under
Minnesota Statutes, section 3.737. This
appropriation may be spent to compensate for
livestock that were destroyed or crippled
during fiscal year 2017. If the amount in the
first year is insufficient, the amount in the
second year is available in the first year.new text begin The
commissioner may use up to $5,000 of this
appropriation the second year to reimburse
expenses incurred by university extension
agents to provide fair market values of
destroyed or crippled livestock.
new text end
(h) $155,000 the first year and $155,000 the
second year are for compensation for crop
damage under Minnesota Statutes, section
3.7371. If the amount in the first year is
insufficient, the amount in the second year is
available in the first year. The commissioner
may use up to $30,000 of the appropriation
each year to reimburse expenses incurred by
the commissioner or the commissioner's
approved agent to investigate and resolve
claims.
If the commissioner determines that claims
made under Minnesota Statutes, section 3.737
or 3.7371, are unusually high, amounts
appropriated for either program may be
transferred to the appropriation for the other
program.
(i) $250,000 the first year and $250,000 the
second year are to expand current capabilities
for rapid detection, identification, containment,
control, and management of high priority plant
pests and pathogens. These are onetime
appropriations.
(j) $300,000 the first year and $300,000 the
second year are for transfer to the noxious
weed and invasive plant species assistance
account in the agricultural fund to award
grants to local units of government under
Minnesota Statutes, section 18.90, with
preference given to local units of government
responding to Palmer amaranth or other weeds
on the eradicate list. These are onetime
transfers.
(k) $120,000 the first year and $120,000 the
second year are for wolf-livestock conflict
prevention grants under article 2, section 89.
The commissioner must submit a report to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
agriculture policy and finance by January 15,
2020, on the outcomes of the wolf-livestock
conflict prevention grants and whether
livestock compensation claims were reduced
in the areas that grants were awarded. These
are onetime appropriations.
Sec. 3.
Laws 2017, chapter 88, article 1, section 2, subdivision 4, is amended to read:
Subd. 4.Agriculture, Bioenergy, and Bioproduct | 22,581,000 | deleted text begin 22,636,000deleted text end new text begin 22,386,000 new text end | ||||
(a) $9,300,000 the first year and $9,300,000
the second year are for transfer to the
agriculture research, education, extension, and
technology transfer account under Minnesota
Statutes, section 41A.14, subdivision 3. Of
these amounts: at least $600,000 the first year
and $600,000 the second year are for the
Minnesota Agricultural Experiment Station's
agriculture rapid response fund under
Minnesota Statutes, section 41A.14,
subdivision 1, clause (2); $2,000,000 the first
year and $2,000,000 the second year are for
grants to the Minnesota Agriculture Education
Leadership Council to enhance agricultural
education with priority given to Farm Business
Management challenge grants; $350,000 the
first year and $350,000 the second year are
for potato breeding; and $450,000 the first
year and $450,000 the second year are for the
cultivated wild rice breeding project at the
North Central Research and Outreach Center
to include a tenure track/research associate
plant breeder. The commissioner shall transfer
the remaining funds in this appropriation each
year to the Board of Regents of the University
of Minnesota for purposes of Minnesota
Statutes, section 41A.14. Of the amount
transferred to the Board of Regents, up to
$1,000,000 each year is for research on avian
influenza, including prevention measures that
can be taken.
To the extent practicable, funds expended
under Minnesota Statutes, section 41A.14,
subdivision 1, clauses (1) and (2), must
supplement and not supplant existing sources
and levels of funding. The commissioner may
use up to one percent of this appropriation for
costs incurred to administer the program.
(b) $13,256,000 the first year and deleted text begin $13,311,000deleted text end new text begin
$13,061,000new text end the second year are for the
agricultural growth, research, and innovation
program in Minnesota Statutes, section
41A.12. Except as provided below, the
commissioner may allocate the appropriation
each year among the following areas:
facilitating the start-up, modernization, or
expansion of livestock operations including
beginning and transitioning livestock
operations; developing new markets for
Minnesota farmers by providing more fruits,
vegetables, meat, grain, and dairy for
Minnesota school children; assisting
value-added agricultural businesses to begin
or expand, access new markets, or diversify;
providing funding not to exceed $250,000
each year for urban youth agricultural
education or urban agriculture community
development; providing funding not to exceed
$250,000 each year for the good food access
program under Minnesota Statutes, section
17.1017; facilitating the start-up,
modernization, or expansion of other
beginning and transitioning farms including
by providing loans under Minnesota Statutes,
section 41B.056; sustainable agriculture
on-farm research and demonstration;
development or expansion of food hubs and
other alternative community-based food
distribution systems; enhancing renewable
energy infrastructure and use; crop research;
Farm Business Management tuition assistance;
good agricultural practices/good handling
practices certification assistance; establishing
and supporting farmer-led water management
councils; and implementing farmer-led water
quality improvement practices.new text begin For fiscal year
2019, the commissioner shall reduce by a total
of $250,000 the planned expenditures for
urban youth agricultural education, urban
agriculture community development, the good
food access program, and the farm-to-school
program.new text end The commissioner may use up to 6.5
percent of this appropriation for costs incurred
to administer the program.
Of the amount appropriated for the agricultural
growth, research, and innovation program in
Minnesota Statutes, section 41A.12:
(1) $1,000,000 the first year and $1,000,000
the second year are for distribution in equal
amounts to each of the state's county fairs to
preserve and promote Minnesota agriculture;
and
(2) $1,500,000 the first year and $1,500,000
the second year are for incentive payments
under Minnesota Statutes, sections 41A.16,
41A.17, and 41A.18. Notwithstanding
Minnesota Statutes, section 16A.28, the first
year appropriation is available until June 30,
2019, and the second year appropriation is
available until June 30, 2020. If this
appropriation exceeds the total amount for
which all producers are eligible in a fiscal
year, the balance of the appropriation is
available for the agricultural growth, research,
and innovation program.
The commissioner may use funds appropriated
under this subdivision to award up to two
value-added agriculture grants per year of up
to $1,000,000 per grant for new or expanding
agricultural production or processing facilities
that provide significant economic impact to
the region. The commissioner may use funds
appropriated under this subdivision for
additional value-added agriculture grants for
awards between $1,000 and $200,000 per
grant.
Appropriations in clauses (1) and (2) are
onetime. Any unencumbered balance does not
cancel at the end of the first year and is
available for the second year. Notwithstanding
Minnesota Statutes, section 16A.28,
appropriations encumbered under contract on
or before June 30, 2019, for agricultural
growth, research, and innovation grants are
available until June 30, 2021.
The base budget for the agricultural growth,
research, and innovation program is
deleted text begin $14,275,000deleted text end new text begin $14,025,000new text end for fiscal years 2020
and 2021 and includes funding for incentive
payments under Minnesota Statutes, sections
41A.16, 41A.17, 41A.18, and 41A.20.
The commissioner must develop additional
innovative production incentive programs to
be funded by the agricultural growth, research,
and innovation program.
The commissioner must consult with the
commissioner of transportation, the
commissioner of administration, and local
units of government to identify parcels of
publicly owned land that are suitable for urban
agriculture.
(c) $25,000 the first year and $25,000 the
second year are for grants to the Southern
Minnesota Initiative Foundation to promote
local foods through an annual event that raises
public awareness of local foods and connects
local food producers and processors with
potential buyers.
Sec. 4.
Laws 2017, chapter 88, article 1, section 2, subdivision 5, is amended to read:
Subd. 5.Administration and Financial Assistance | 8,698,000 | deleted text begin 8,691,000 deleted text end new text begin 8,938,000 new text end | ||||
(a) $474,000 the first year and $474,000 the
second year are for payments to county and
district agricultural societies and associations
under Minnesota Statutes, section 38.02,
subdivision 1. Aid payments to county and
district agricultural societies and associations
shall be disbursed no later than July 15 of each
year. These payments are the amount of aid
from the state for an annual fair held in the
previous calendar year.
(b) $1,000 the first year and $1,000 the second
year are for grants to the Minnesota State
Poultry Association.
(c) $18,000 the first year and $18,000 the
second year are for grants to the Minnesota
Livestock Breeders Association.
(d) $47,000 the first year and $47,000 the
second year are for the Northern Crops
Institute. These appropriations may be spent
to purchase equipment.
(e) $220,000 the first year and deleted text begin $220,000deleted text end new text begin
$250,000new text end the second year are for farm
advocate services.
(f) $17,000 the first year and $17,000 the
second year are for grants to the Minnesota
Horticultural Society.
(g) $108,000 the first year and $108,000 the
second year are for annual grants to the
Minnesota Turf Seed Council for basic and
applied research on: (1) the improved
production of forage and turf seed related to
new and improved varieties; and (2) native
plants, including plant breeding, nutrient
management, pest management, disease
management, yield, and viability. The grant
recipient may subcontract with a qualified
third party for some or all of the basic or
applied research. Any unencumbered balance
does not cancel at the end of the first year and
is available for the second year. These are
onetime appropriations.
(h) $113,000 the first year and deleted text begin $113,000deleted text end new text begin
$330,000new text end the second year are for transfer to
the Board of Trustees of the Minnesota State
Colleges and Universities for statewide mental
health counseling support to farm families and
business operatorsnew text begin through the Minnesota State
Agricultural Centers of Excellencenew text end . South
Central Collegenew text begin and Central Lakes Collegenew text end
shall serve as the fiscal deleted text begin agentdeleted text end new text begin agentsnew text end .
(i) $550,000 the first year and $550,000 the
second year are for grants to Second Harvest
Heartland on behalf of Minnesota's six
Feeding America food banks for the purchase
of milk for distribution to Minnesota's food
shelves and other charitable organizations that
are eligible to receive food from the food
banks. Milk purchased under the grants must
be acquired from Minnesota milk processors
and based on low-cost bids. The milk must be
allocated to each Feeding America food bank
serving Minnesota according to the formula
used in the distribution of United States
Department of Agriculture commodities under
The Emergency Food Assistance Program
(TEFAP). Second Harvest Heartland must
submit quarterly reports to the commissioner
on forms prescribed by the commissioner. The
reports must include, but are not limited to,
information on the expenditure of funds, the
amount of milk purchased, and the
organizations to which the milk was
distributed. Second Harvest Heartland may
enter into contracts or agreements with food
banks for shared funding or reimbursement of
the direct purchase of milk. Each food bank
receiving money from this appropriation may
use up to two percent of the grant for
administrative expenses. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
(j) $1,100,000 the first year and $1,100,000
the second year are for grants to Second
Harvest Heartland on behalf of the six Feeding
America food banks that serve Minnesota to
compensate agricultural producers and
processors for costs incurred to harvest and
package for transfer surplus fruits, vegetables,
and other agricultural commodities that would
otherwise go unharvested, be discarded, or
sold in a secondary market. Surplus
commodities must be distributed statewide to
food shelves and other charitable organizations
that are eligible to receive food from the food
banks. Surplus food acquired under this
appropriation must be from Minnesota
producers and processors. Second Harvest
Heartland must report in the form prescribed
by the commissioner. Second Harvest
Heartland may use up to 15 percent of each
grant for deleted text begin matchingdeleted text end administrative and
transportation expenses. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
(k) $150,000 the first year and $150,000 the
second year are for grants to the Center for
Rural Policy and Development.
(l) $235,000 the first year and $235,000 the
second year are for grants to the Minnesota
Agricultural Education and Leadership
Council for programs of the council under
Minnesota Statutes, chapter 41D.
(m) $600,000 the first year and $600,000 the
second year are for grants to the Board of
Regents of the University of Minnesota to
develop, in consultation with the
commissioner of agriculture and the Board of
Animal Health, a software tool or application
through the Veterinary Diagnostic Laboratory
that empowers veterinarians and producers to
understand the movement of unique pathogen
strains in livestock and poultry production
systems, monitor antibiotic resistance, and
implement effective biosecurity measures that
promote animal health and limit production
losses. These are onetime appropriations.
(n) $150,000 the first year is for the tractor
rollover protection pilot program under
Minnesota Statutes, section 17.119. This is a
onetime appropriation and is available until
June 30, 2019.
(o) $400,000 the first year is for a grant to the
Board of Trustees of the Minnesota State
Colleges and Universities to expand and
renovate the GROW-IT Center at Metropolitan
State University. This is a onetime
appropriation.
By January 15, 2018, the commissioner shall
submit a report to the chairs and ranking
minority members of the legislative
committees with jurisdiction over agricultural
policy and finance with a list of inspections
the department conducts at more frequent
intervals than federal law requires, an
explanation of why the additional inspections
are necessary, and provide recommendations
for eliminating any unnecessary inspections.
ARTICLE 26
AGRICULTURE STATUTORY CHANGES
Section 1.
Minnesota Statutes 2016, section 18C.425, subdivision 6, is amended to read:
Subd. 6.
Payment of inspection fee.
(a) The person who registers and distributes in the
state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411 shall
pay the inspection fee to the commissioner.
(b) The person licensed under section 18C.415 who distributes a fertilizer to a person
not required to be so licensed shall pay the inspection fee to the commissioner, except as
exempted under section 18C.421, subdivision 1, paragraph (b).
(c) The person responsible for payment of the inspection fees for fertilizers, soil
amendments, or plant amendments sold and used in this state must pay an inspection fee of
39 cents per ton, and until June 30, deleted text begin 2019deleted text end new text begin 2029new text end , an additional 40 cents per ton, of fertilizer,
soil amendment, and plant amendment sold or distributed in this state, with a minimum of
$10 on all tonnage reports. Notwithstanding section 18C.131, the commissioner must deposit
all revenue from the additional 40 cents per ton fee in the agricultural fertilizer research and
education account in section 18C.80. Products sold or distributed to manufacturers or
exchanged between them are exempt from the inspection fee imposed by this subdivision
if the products are used exclusively for manufacturing purposes.
(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant
amendment, or soil amendment distribution amounts and inspection fees paid for a period
of three years.
Sec. 2.
Minnesota Statutes 2017 Supplement, section 18C.70, subdivision 5, is amended
to read:
Subd. 5.
Expiration.
This section expires June 30, deleted text begin 2020deleted text end new text begin 2030new text end .
Sec. 3.
Minnesota Statutes 2017 Supplement, section 18C.71, subdivision 4, is amended
to read:
Subd. 4.
Expiration.
This section expires June 30, deleted text begin 2020deleted text end new text begin 2030new text end .
Sec. 4.
Minnesota Statutes 2016, section 18C.80, subdivision 2, is amended to read:
Subd. 2.
Expiration.
This section expires June 30, deleted text begin 2020deleted text end new text begin 2030new text end .
Sec. 5.
Minnesota Statutes 2016, section 21.89, subdivision 2, is amended to read:
Subd. 2.
Permits; issuance and revocation.
The commissioner shall issue a permit to
the initial labeler of agricultural, vegetable, flower, and wildflower seeds which are sold
for use in Minnesota and which conform to and are labeled under sections 21.80 to 21.92.
The categories of permits are as follows:
(1) for initial labelers who sell 50,000 pounds or less of agricultural seed each calendar
year, an annual permit issued for a fee established in section 21.891, subdivision 2, paragraph
(b);
(2) for initial labelers who sell vegetable, flower, and wildflower seed packed for use
in home gardens or household plantings, deleted text begin and initial labelers who sell native grasses and
wildflower seed in commercial or agricultural quantities,deleted text end an annual permit issued for a fee
established in section 21.891, subdivision 2, paragraph (c), based upon the gross sales from
the previous year; and
(3) for initial labelers who sell more than 50,000 pounds of agricultural seed each calendar
year, a permanent permit issued for a fee established in section 21.891, subdivision 2,
paragraph (d).
In addition, the person shall furnish to the commissioner an itemized statement of all
seeds sold in Minnesota for the periods established by the commissioner. This statement
shall be delivered, along with the payment of the fee, based upon the amount and type of
seed sold, to the commissioner no later than 30 days after the end of each reporting period.
Any person holding a permit shall show as part of the analysis labels or invoices on all
agricultural, vegetable, flower, wildflower, tree, or shrub seeds all information the
commissioner requires. The commissioner may revoke any permit in the event of failure to
comply with applicable laws and rules.
Sec. 6.
Minnesota Statutes 2016, section 28A.16, is amended to read:
28A.16 PERSONS SELLING LIQUOR.
new text begin (a) new text end The provisions of the Minnesota consolidated food licensing law, sections 28A.01
to 28A.16 and acts amendatory thereto, shall not apply to persons licensed to sell 3.2 percent
malt liquor "on-sale" as provided in section 340A.403, or to persons licensed to sell
intoxicating liquors "on-sale" or "off-sale" as provided in sections 340A.404 to 340A.407,
provided that these persons sell only ice manufactured and packaged by another, or bottled
or canned soft drinks and prepacked candy at retail.
new text begin (b) When an exclusive liquor store is not exempt under paragraph (a), the commissioner
must exclude all gross sales of off-sale alcoholic beverages when determining the applicable
license fee under section 28A.08, subdivision 3. For purposes of this paragraph, "exclusive
liquor store" and "alcoholic beverage" have the meanings given in section 340A.101.
new text end
Sec. 7.
Minnesota Statutes 2016, section 41A.15, is amended by adding a subdivision to
read:
new text begin Subd. 2e.new text end
new text begin Biomass.new text end
new text begin "Biomass" means any organic matter that is available on a renewable
or recurring basis, including agricultural crops and trees, wood and wood waste and residues,
plants including aquatic plants, grasses, residues, fibers, animal waste, and the organic
portion of solid wastes.
new text end
Sec. 8.
Minnesota Statutes 2016, section 41A.15, subdivision 10, is amended to read:
Subd. 10.
Renewable chemical.
"Renewable chemical" means a chemical deleted text begin with biobased
content.deleted text end new text begin , polymer, monomer, plastic, or composite material that is entirely produced from
biomass.
new text end
Sec. 9.
Minnesota Statutes 2016, section 41A.16, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) A facility eligible for payment under this section must
source new text begin from Minnesota new text end at least 80 percent deleted text begin raw materials from Minnesota.deleted text end new text begin of the biomass
used to produce an advanced biofuel, except that,new text end if a facility is sited 50 miles or less from
the state border, deleted text begin raw materialsdeleted text end new text begin biomass used to produce an advanced biofuelnew text end may be sourced
from new text begin outside of Minnesota, but only if at least 80 percent of the biomass is sourced from
new text end within a 100-mile radiusnew text begin of the facility or from within Minnesotanew text end . deleted text begin Raw materials must be
from agricultural or forestry sources or from solid waste.deleted text end The facility must be located in
Minnesota, must begin production at a specific location by June 30, 2025, and must not
begin operating above 23,750 MMbtu of quarterly new text begin advanced new text end biofuel production before July
1, 2015. Eligible facilities include existing companies and facilities that are adding advanced
biofuel production capacity, or retrofitting existing capacity, as well as new companies and
facilities. Production of conventional corn ethanol and conventional biodiesel is not eligible.
Eligible advanced biofuel facilities must produce at least deleted text begin 23,750deleted text end new text begin 1,500new text end MMbtu of new text begin advanced
new text end biofuel quarterly.
(b) No payments shall be made for advanced biofuel production that occurs after June
30, 2035, for those eligible biofuel producers under paragraph (a).
(c) An eligible producer of advanced biofuel shall not transfer the producer's eligibility
for payments under this section to an advanced biofuel facility at a different location.
(d) A producer that ceases production for any reason is ineligible to receive payments
under this section until the producer resumes production.
(e) Renewable chemical production for which payment has been received under section
41A.17, and biomass thermal production for which payment has been received under section
41A.18, are not eligible for payment under this section.
(f) Biobutanol is eligible under this section.
Sec. 10.
Minnesota Statutes 2016, section 41A.16, subdivision 2, is amended to read:
Subd. 2.
Payment amounts; limits.
(a) The commissioner shall make payments to
eligible producers of advanced biofuel. The amount of the payment for each eligible
producer's annual production is $2.1053 per MMbtu for advanced biofuel production from
cellulosic biomass, and $1.053 per MMbtu for advanced biofuel production from sugar deleted text begin ordeleted text end new text begin ,new text end
starchnew text begin , oil, or animal fatnew text end at a specific location for ten years after the start of production.
(b) Total payments under this section to an eligible biofuel producer in a fiscal year may
not exceed the amount necessary for 2,850,000 MMbtu of biofuel production. Total payments
under this section to all eligible biofuel producers in a fiscal year may not exceed the amount
necessary for 17,100,000 MMbtu of biofuel production. The commissioner shall award
payments on a first-come, first-served basis within the limits of available funding.
(c) For purposes of this section, an entity that holds a controlling interest in more than
one advanced biofuel facility is considered a single eligible producer.
Sec. 11.
Minnesota Statutes 2016, section 41A.17, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) A facility eligible for payment under this deleted text begin programdeleted text end new text begin sectionnew text end
must source new text begin from Minnesota new text end at least 80 percent deleted text begin biobased content from Minnesota.deleted text end new text begin of the
biomass used to produce a renewable chemical, except that,new text end if a facility is sited 50 miles or
less from the state border, deleted text begin biobased content mustdeleted text end new text begin biomass used to produce a renewable
chemical may new text end be sourced from new text begin outside of Minnesota, but only if at least 80 percent of the
biomass is sourced from new text end within a 100-mile radiusnew text begin of the facility or from within Minnesotanew text end .
deleted text begin Biobased content must be from agricultural or forestry sources or from solid waste.deleted text end The
facility must be located in Minnesota, must begin production at a specific location by June
30, 2025, and must not begin production of deleted text begin 750,000deleted text end new text begin 250,000new text end pounds of chemicals quarterly
before January 1, 2015. Eligible facilities include existing companies and facilities that are
adding production capacity, or retrofitting existing capacity, as well as new companies and
facilities. Eligible renewable chemical facilities must produce at least deleted text begin 750,000deleted text end new text begin 250,000new text end
pounds of renewable chemicals quarterly. Renewable chemicals produced through processes
that are fully commercial before January 1, 2000, are not eligible.
(b) No payments shall be made for renewable chemical production that occurs after June
30, 2035, for those eligible renewable chemical producers under paragraph (a).
(c) An eligible producer of renewable chemicals shall not transfer the producer's eligibility
for payments under this section to a renewable chemical facility at a different location.
(d) A producer that ceases production for any reason is ineligible to receive payments
under this section until the producer resumes production.
(e) Advanced biofuel production for which payment has been received under section
41A.16, and biomass thermal production for which payment has been received under section
41A.18, are not eligible for payment under this section.
Sec. 12.
Minnesota Statutes 2016, section 41A.18, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) A facility eligible for payment under this section must
source new text begin from Minnesota new text end at least 80 percent deleted text begin raw materials from Minnesota.deleted text end new text begin of the biomass
used for biomass thermal production, except that,new text end if a facility is sited 50 miles or less from
the state border, deleted text begin raw materials shoulddeleted text end new text begin biomass used for biomass thermal production may
new text end be sourced from new text begin outside of Minnesota, but only if at least 80 percent of the biomass is
sourced from new text end within a 100-mile radiusnew text begin of the facility, or from within Minnesotanew text end . deleted text begin Raw
materialsdeleted text end new text begin Biomassnew text end must be from agricultural or forestry sources. The facility must be located
in Minnesota, must have begun production at a specific location by June 30, 2025, and must
not begin before July 1, 2015. Eligible facilities include existing companies and facilities
that are adding production capacity, or retrofitting existing capacity, as well as new
companies and facilities. Eligible biomass thermal production facilities must produce at
least 250 MMbtu of biomass thermal quarterly.
(b) No payments shall be made for biomass thermal production that occurs after June
30, 2035, for those eligible biomass thermal producers under paragraph (a).
(c) An eligible producer of biomass thermal production shall not transfer the producer's
eligibility for payments under this section to a biomass thermal production facility at a
different location.
(d) A producer that ceases production for any reason is ineligible to receive payments
under this section until the producer resumes production.
(e) Biofuel production for which payment has been received under section 41A.16, and
renewable chemical production for which payment has been received under section 41A.17,
are not eligible for payment under this section.
Sec. 13.
Minnesota Statutes 2016, section 41B.056, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Intermediary" means any lending institution or other organization of a for-profit or
nonprofit nature that is in good standing with the state of Minnesota that has the appropriate
business structure and trained personnel suitable to providing efficient disbursement of loan
funds and the servicing and collection of loans.
(c) "Specialty crops" means new text begin crops produced in an aquaculture system and new text end agricultural
crops, such as annuals, flowers, perennials, and other horticultural products, that are
intensively cultivated.
(d) "Eligible livestock" means new text begin fish produced in an aquaculture system, new text end beef cattle, dairy
cattle, swine, poultry, goats, mules, farmed Cervidae, Ratitae, bison, sheep, horses, and
llamas.
ARTICLE 27
HOUSING
Section 1.
Minnesota Statutes 2016, section 299D.085, is amended by adding a subdivision
to read:
new text begin Subd. 3a.new text end
new text begin Trailer use.new text end
new text begin A vehicle or a combination of vehicles may tow a trailer during
the movement of an overdimensional load if:
new text end
new text begin (1) the party involved is a building mover licensed by the commissioner of transportation
under section 221.81;
new text end
new text begin (2) the building being moved is not a temporary structure;
new text end
new text begin (3) the overdimensional load is a manufactured home, as defined under section 327.31;
or
new text end
new text begin (4) the overdimensional load is a modular home, as defined under section 297A.668,
subdivision 8, paragraph (b).
new text end
Sec. 2.
Minnesota Statutes 2016, section 327.31, is amended by adding a subdivision to
read:
new text begin Subd. 23.new text end
new text begin Modular home.new text end
new text begin "Modular home" means a building or structural unit of closed
construction that has been substantially manufactured or constructed, in whole or in part,
at an off-site location, with the final assembly occurring on site alone or with other units
and attached to a foundation designed to the State Building Code and occupied as a
single-family dwelling. Modular home construction must comply with applicable standards
adopted in Minnesota Rules, chapter 1360 or 1361.
new text end
Sec. 3.
new text begin [327.335] PLACEMENT OF MODULAR HOMES.
new text end
new text begin A modular home may be placed in a manufactured home park as defined in section
327.14, subdivision 3. A modular home placed in a manufactured home park is a
manufactured home for purposes of chapters 327C and 504B and all rights, obligations, and
duties, under those chapters apply. A modular home may not be placed in a manufactured
home park without prior written approval of the park owner. Nothing in this section shall
be construed to inhibit the application of zoning, subdivision, architectural, or esthetic
requirements pursuant to chapters 394 and 462 that otherwise apply to manufactured homes
and manufactured home parks. A modular home placed in a manufactured home park under
this section shall be assessed and taxed as a manufactured home.
new text end
Sec. 4.
Minnesota Statutes 2016, section 327C.095, subdivision 4, is amended to read:
Subd. 4.
Public hearing; relocation compensation; neutral third party.
new text begin Within 60
days after receiving notice of a closure statement,new text end the governing body of the affected
municipality shall hold a public hearing to review the closure statement and any impact that
the park closing may have on the displaced residents and the park owner. At the time of,
and in the notice for, the public hearing, displaced residents must be informed that they may
be eligible for payments from the Minnesota manufactured home relocation trust fund under
section 462A.35 as compensation for reasonable relocation costs under subdivision 13,
paragraphs (a) and (e).
The governing body of the municipality may also require that other parties, including
the municipality, but excluding the park owner or its purchaser, involved in the park closing
provide additional compensation to residents to mitigate the adverse financial impact of the
park closing upon the residents.
At the public hearing, the municipality shall appoint anew text begin qualifiednew text end neutral third party, to
be agreed upon by both the manufactured home park owner and manufactured home owners,
whose hourly cost must be reasonable and paid from the Minnesota manufactured home
relocation trust fund. The neutral third party shall act as a paymaster and arbitrator, with
decision-making authority to resolve any questions or disputes regarding any contributions
or disbursements to and from the Minnesota manufactured home relocation trust fund by
either the manufactured home park owner or the manufactured home owners. If the parties
cannot agree on a neutral third party, the municipality will deleted text begin make a determinationdeleted text end new text begin determine
who shall act as the neutral third partynew text end .
new text begin The qualified neutral third party shall be familiar with manufactured housing and the
requirements of this section. The neutral third party shall keep an overall receipts and cost
summary together with a detailed accounting, for each manufactured lot, of the payments
received by the manufactured home park owner, and expenses approved and payments
disbursed to the manufactured home owners, pursuant to subdivisions 12 and 13, as well
as a record of all services and hours it provided and at what hourly rate it charged to the
Minnesota manufactured home trust fund. This detailed accounting shall be provided to the
manufactured home park owner, the municipality, and the Minnesota Housing Finance
Agency to be included in its yearly October 15 report as required in subdivision 13, paragraph
(h), not later than 30 days after the expiration of the nine-month notice provided in the
closure statement.
new text end
Sec. 5.
Minnesota Statutes 2016, section 327C.095, subdivision 6, is amended to read:
Subd. 6.
Intent to convert use of park at time of purchase.
Before the execution of
an agreement to purchase a manufactured home park, the purchaser must notify the park
owner, in writing, if the purchaser intends to close the manufactured home park or convert
it to another use within one year of the execution of the agreement. The park owner shall
provide a resident of each manufactured home with a 45-day written notice of the purchaser's
intent to close the park or convert it to another use. The notice must state that the park owner
will provide information on the cash price and the terms and conditions of the purchaser's
offer to residents requesting the information. The notice must be sent by first class mail to
a resident of each manufactured home in the park. The notice period begins on the postmark
date affixed to the notice and ends 45 days after it begins. During the notice period required
in this subdivision, the owners of at least 51 percent of the manufactured homes in the park
or a nonprofit organization which has the written permission of the owners of at least 51
percent of the manufactured homes in the park to represent them in the acquisition of the
park shall have the right to meet the cash price and execute an agreement to purchase the
park for the purposes of keeping the park as a manufactured housing communitynew text begin , provided
that the owners or nonprofit organization will covenant and warrant to the park owner in
the agreement that they will continue to operate the park for not less than six years from
the date of closingnew text end . The park owner must accept the offer if it meets the cash price and the
same terms and conditions set forth in the purchaser's offer except that the seller is not
obligated to provide owner financing. For purposes of this section, cash price means the
cash price offer or equivalent cash offer as defined in section 500.245, subdivision 1,
paragraph (d).
Sec. 6.
Minnesota Statutes 2016, section 327C.095, subdivision 12, is amended to read:
Subd. 12.
Payment to the Minnesota manufactured home relocation trust fund.
(a)
If a manufactured home owner is required to move due to the conversion of all or a portion
of a manufactured home park to another use, the closure of a park, or cessation of use of
the land as a manufactured home park, the manufactured park owner shall, upon the change
in use, pay to the commissioner of management and budget for deposit in the Minnesota
manufactured home relocation trust fund under section 462A.35, the lesser amount of the
actual costs of moving or purchasing the manufactured home approved by the neutral third
party and paid by the Minnesota Housing Finance Agency under subdivision 13, paragraph
(a) or (e), or $3,250 for each single section manufactured home, and $6,000 for each
multisection manufactured home, for which a manufactured home owner has made
application for payment of relocation costs under subdivision 13, paragraph (c). The
manufactured home park owner shall make payments required under this section to the
Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice
from the neutral third party.
(b) A manufactured home park owner is not required to make the payment prescribed
under paragraph (a), nor is a manufactured home owner entitled to compensation under
subdivision 13, paragraph (a) or (e), if:
(1) the manufactured home park owner relocates the manufactured home owner to
another space in the manufactured home park or to another manufactured home park at the
park owner's expense;
(2) the manufactured home owner is vacating the premises and has informed the
manufactured home park owner or manager of this prior to the mailing date of the closure
statement under subdivision 1;
(3) a manufactured home owner has abandoned the manufactured home, or the
manufactured home owner is not current on the monthly lot rental, personal property taxes;
(4) the manufactured home owner has a pending eviction action for nonpayment of lot
rental amount under section 327C.09, which was filed against the manufactured home owner
prior to the mailing date of the closure statement under subdivision 1, and the writ of recovery
has been ordered by the district court;
(5) the conversion of all or a portion of a manufactured home park to another use, the
closure of a park, or cessation of use of the land as a manufactured home park is the result
of a taking or exercise of the power of eminent domain by a governmental entity or public
utility; or
(6) the owner of the manufactured home is not a resident of the manufactured home
park, as defined in section 327C.01, subdivision 9, or the owner of the manufactured home
is a resident, but came to reside in the manufactured home park after the mailing date of
the closure statement under subdivision 1.
(c) If the unencumbered fund balance in the manufactured home relocation trust fund
is less than deleted text begin $1,000,000deleted text end new text begin $3,000,000new text end as of June 30 of each year, the commissioner of
management and budget shall assess each manufactured home park owner by mail the total
amount of $15 for each licensed lot in their park, payable on or before deleted text begin Septemberdeleted text end new text begin Novembernew text end
15 of that year. deleted text begin The commissioner of managementdeleted text end new text begin Failure to notifynew text end and deleted text begin budget shall deposit
any payments in the Minnesotadeleted text end new text begin timely assess thenew text end manufactured home deleted text begin relocation trust fund.
On or before July 15 ofdeleted text end new text begin park owner by August 30 of any year shall waive the assessment
and payment obligations of the manufactured home park owner for that year. Together with
said assessment notice,new text end each yeardeleted text begin ,deleted text end the commissioner of management and budget shall prepare
and distribute to park owners a letter explaining whether funds are being collected for that
year, information about the collection, an invoice for all licensed lots, and a sample form
for the park owners to collect information on which park residents have been accounted
for. If assessed under this paragraph, the park owner may recoup the cost of the $15
assessment as a lump sum or as a monthly fee of no more than $1.25 collected from park
residents together with monthly lot rent as provided in section 327C.03, subdivision 6. Park
owners may adjust payment for lots in their park that are vacant or otherwise not eligible
for contribution to the trust fund under section 327C.095, subdivision 12, paragraph (b),
new text begin and for park residents who have not paid the $15 assessment to the park owner by October
15, new text end and deduct from the assessment accordingly.new text begin The commissioner of management and
budget shall deposit any payments in the Minnesota manufactured home relocation trust
fund.
new text end
(d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
attorney fees, court costs, and disbursements.
Sec. 7.
Minnesota Statutes 2016, section 327C.095, subdivision 13, is amended to read:
Subd. 13.
Change in use, relocation expenses; payments by park owner.
(a) If a
manufactured home owner is required to relocate due to the conversion of all or a portion
of a manufactured home park to another use, the closure of a manufactured home park, or
cessation of use of the land as a manufactured home park under subdivision 1, and the
manufactured home owner complies with the requirements of this section, the manufactured
home owner is entitled to payment from the Minnesota manufactured home relocation trust
fund equal to the manufactured home owner's actual relocation costs for relocating the
manufactured home to a new location within a deleted text begin 25deleted text end new text begin 50new text end -mile radius of the park that is being
closed, up to a maximum of $7,000 for a single-section and $12,500 for a multisection
manufactured home. The actual relocation costs must include the reasonable cost of taking
down, moving, and setting up the manufactured home, including equipment rental, utility
connection and disconnection charges, minor repairs, modifications necessary for
transportation of the home, necessary moving permits and insurance, moving costs for any
appurtenances, which meet applicable local, state, and federal building and construction
codes.
(b) A manufactured home owner is not entitled to compensation under paragraph (a) if
the manufactured home park owner is not required to make a payment to the Minnesota
manufactured home relocation trust fund under subdivision 12, paragraph (b).
(c) Except as provided in paragraph (e), in order to obtain payment from the Minnesota
manufactured home relocation trust fund, the manufactured home owner shall submit to the
neutral third party and the Minnesota Housing Finance Agency, with a copy to the park
owner, an application for payment, which includes:
(1) a copy of the closure statement under subdivision 1;
(2) a copy of the contract with a moving or towing contractor, which includes the
relocation costs for relocating the manufactured home;
(3) a statement with supporting materials of any additional relocation costs as outlined
in subdivision 1;
(4) a statement certifying that none of the exceptions to receipt of compensation under
subdivision 12, paragraph (b), apply to the manufactured home owner;
(5) a statement from the manufactured park owner that the lot rental is current and that
the annual $15 deleted text begin paymentsdeleted text end new text begin paymentnew text end to the Minnesota manufactured home relocation trust
fund deleted text begin havedeleted text end new text begin hasnew text end been paid when due; and
(6) a statement from the county where the manufactured home is located certifying that
personal property taxes for the manufactured home are paid through the end of that year.
(d)new text begin The neutral third party shall promptly process all payments for completed applications
within 14 days.new text end If the neutral third party has acted reasonably and does not approve or deny
payment within 45 days after receipt of the information set forth in paragraph (c), the
payment is deemed approved. Upon approval and request by the neutral third party, the
Minnesota Housing Finance Agency shall issue two checks in equal amount for 50 percent
of the contract price payable to the mover and towing contractor for relocating the
manufactured home in the amount of the actual relocation cost, plus a check to the home
owner for additional certified costs associated with third-party vendors, that were necessary
in relocating the manufactured home. The moving or towing contractor shall receive 50
percent upon execution of the contract and 50 percent upon completion of the relocation
and approval by the manufactured home owner. The moving or towing contractor may not
apply the funds to any other purpose other than relocation of the manufactured home as
provided in the contract. A copy of the approval must be forwarded by the neutral third
party to the park owner with an invoice for payment of the amount specified in subdivision
12, paragraph (a).
(e) In lieu of collecting a relocation payment from the Minnesota manufactured home
relocation trust fund under paragraph (a), the manufactured home owner may collect an
amount from the fund after reasonable efforts to relocate the manufactured home have failed
due to the age or condition of the manufactured home, or because there are no manufactured
home parks willing or able to accept the manufactured home within a 25-mile radius. A
manufactured home owner may tender title of the manufactured home in the manufactured
home park to the manufactured home park owner, and collect an amount to be determined
by an independent appraisal. The appraiser must be agreed to by both the manufactured
home park owner and the manufactured home owner. If the appraised market value cannot
be determined, the tax market value, averaged over a period of five years, can be used as a
substitute. The maximum amount that may be reimbursed under the fund is $8,000 for a
single-section and $14,500 for a multisection manufactured home. The minimum amount
that may be reimbursed under the fund is $2,000 for a single section and $4,000 for a
multisection manufactured home. The manufactured home owner shall deliver to the
manufactured home park owner the current certificate of title to the manufactured home
duly endorsed by the owner of record, and valid releases of all liens shown on the certificate
of title, and a statement from the county where the manufactured home is located evidencing
that the personal property taxes have been paid. The manufactured home owner's application
for funds under this paragraph must include a document certifying that the manufactured
home cannot be relocated, that the lot rental is current, that the annual $15 payments to the
Minnesota manufactured home relocation trust fund have been paid when due, that the
manufactured home owner has chosen to tender title under this section, and that the park
owner agrees to make a payment to the commissioner of management and budget in the
amount established in subdivision 12, paragraph (a), less any documented costs submitted
to the neutral third party, required for demolition and removal of the home, and any debris
or refuse left on the lot, not to exceed $1,000. The manufactured home owner must also
provide a copy of the certificate of title endorsed by the owner of record, and certify to the
neutral third party, with a copy to the park owner, that none of the exceptions to receipt of
compensation under subdivision 12, paragraph (b), clauses (1) to (6), apply to the
manufactured home owner, and that the home owner will vacate the home within 60 days
after receipt of payment or the date of park closure, whichever is earlier, provided that the
monthly lot rent is kept current.
(f) The Minnesota Housing Finance Agency must make a determination of the amount
of payment a manufactured home owner would have been entitled to under a local ordinance
in effect on May 26, 2007. Notwithstanding paragraph (a), the manufactured home owner's
compensation for relocation costs from the fund under section 462A.35, is the greater of
the amount provided under this subdivision, or the amount under the local ordinance in
effect on May 26, 2007, that is applicable to the manufactured home owner. Nothing in this
paragraph is intended to increase the liability of the park owner.
(g) Neither the neutral third party nor the Minnesota Housing Finance Agency shall be
liable to any person for recovery if the funds in the Minnesota manufactured home relocation
trust fund are insufficient to pay the amounts claimed. The Minnesota Housing Finance
Agency shall keep a record of the time and date of its approval of payment to a claimant.
new text begin (h)(1) By October 15, 2018, the Minnesota Housing Finance Agency shall post on its
Web site and report to the chairs of the senate Finance Committee and house of
representatives Ways and Means Committee on the Minnesota manufactured home relocation
trust fund, including the account balance, payments to claimants, the amount of any advances
to the fund, the amount of any insufficiencies encountered during the previous calendar
year, and any itemized administrative charges or expenses deducted from the trust fund
balance. If sufficient funds become available, the Minnesota Housing Finance Agency shall
pay the manufactured home owner whose unpaid claim is the earliest by time and date of
approval.
new text end
deleted text begin (h)deleted text end new text begin (2) Beginning in 2019,new text end thenew text begin Minnesota Housing Financenew text end Agency shallnew text begin post on its Web
site andnew text end report to the chairs of the senate Finance Committee and house of representatives
Ways and Means Committee by deleted text begin Januarydeleted text end new text begin Octobernew text end 15 of each year on the Minnesota
manufactured home relocation trust fund, including thenew text begin aggregatenew text end account balance,new text begin the
aggregate assessment payments received, summary information regarding each closed park
including the totalnew text end payments to claimantsnew text begin and payments received from each closed parknew text end ,
the amount of any advances to the fund, the amount of any insufficiencies encountered
during the previous deleted text begin calendardeleted text end new text begin fiscalnew text end year,new text begin reports of neutral third parties provided pursuant
to subdivision 4,new text end and anynew text begin itemizednew text end administrative charges or expenses deducted from the
trust fund balancenew text begin , all of which should be reconciled to the previous year's trust fund balancenew text end .
If sufficient funds become available, the Minnesota Housing Finance Agency shall pay the
manufactured home owner whose unpaid claim is the earliest by time and date of approval.
Sec. 8.
Minnesota Statutes 2016, section 327C.095, is amended by adding a subdivision
to read:
new text begin Subd. 16.new text end
new text begin Reporting of licensed manufactured home parks.new text end
new text begin The Department of Health
or, if applicable, local units of government that have entered into a delegation of authority
agreement with the Department of Health as provided in section 145A.07 shall provide, by
March 31 of each year, a list of names and addresses of the manufactured home parks
licensed in the previous year, and for each manufactured home park, the current licensed
owner, the owner's address, the number of licensed manufactured home lots, and other data
as they may request for the Department of Management and Budget to invoice each licensed
manufactured home park in the state of Minnesota.
new text end
Sec. 9.
Minnesota Statutes 2017 Supplement, section 462A.2035, subdivision 1, is amended
to read:
Subdivision 1.
Establishment.
The agency shall establish a manufactured home park
redevelopment program for the purpose of making manufactured home park redevelopment
grants or loans deleted text begin to cities, counties, community action programs, nonprofit organizations, and
cooperatives created under chapter 308A or 308Bdeleted text end new text begin for the purposes specified in this sectionnew text end .
Sec. 10.
Minnesota Statutes 2017 Supplement, section 462A.2035, subdivision 1b, is
amended to read:
Subd. 1b.
new text begin Manufactured home new text end park infrastructure grants.
Eligible recipients may
use new text begin manufactured home new text end park infrastructure grants under this program for:
(1) new text begin acquisition of and new text end improvements in manufactured home parks; and
(2) infrastructure, including storm shelters and community facilities.
Sec. 11.
Minnesota Statutes 2016, section 462A.33, subdivision 1, is amended to read:
Subdivision 1.
Created.
The economic development and housing challenge program is
created to be administered by the agency.
(a) The program shall provide grants or loans for the purpose of construction, acquisition,
rehabilitation, demolition or removal of existing structures, construction financing, permanent
financing, interest rate reduction, refinancing, and gap financing of housing new text begin or manufactured
home parks, as defined in section 327C.01, new text end to support economic development and
redevelopment activities or job creation or job preservation within a community or region
by meeting locally identified housing needs.
Gap financing is either:
(1) the difference between the costs of the property, including acquisition, demolition,
rehabilitation, and construction, and the market value of the property upon sale; or
(2) the difference between the cost of the property and the amount the targeted household
can afford for housing, based on industry standards and practices.
(b) Preference for grants and loans shall be given to comparable proposals that include
regulatory changes or waivers that result in identifiable cost avoidance or cost reductions,
such as increased density, flexibility in site development standards, or zoning code
requirements. Preference must also be given among comparable proposals to proposals for
projects that are accessible to transportation systems, jobs, schools, and other services.
(c) If a grant or loan is used for demolition or removal of existing structures, the cleared
land must be used for the construction of housing to be owned or rented by persons who
meet the income limits of this section or for other housing-related purposes that primarily
benefit the persons residing in the adjacent housing. In making selections for grants or loans
for projects that demolish affordable housing units, the agency must review the potential
displacement of residents and consider the extent to which displacement of residents is
minimized.
Sec. 12.
Minnesota Statutes 2016, section 462A.33, subdivision 2, is amended to read:
Subd. 2.
Eligible recipients.
Challenge grants or loans may be made to a city, a federally
recognized American Indian tribe or subdivision located in Minnesota, a tribal housing
corporation, a private developer, a nonprofit organization, or the owner of the housingnew text begin or
the manufactured home parknew text end , including individuals. For the purpose of this section, "city"
has the meaning given it in section 462A.03, subdivision 21. To the extent practicable,
grants and loans shall be made so that an approximately equal number of housing units are
financed in the metropolitan area and in the nonmetropolitan area.
Sec. 13.
Minnesota Statutes 2016, section 462A.37, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Abandoned property" has the meaning given in section 117.025, subdivision 5.
(c) "Community land trust" means an entity that meets the requirements of section
462A.31, subdivisions 1 and 2.
(d) "Debt service" means the amount payable in any fiscal year of principal, premium,
if any, and interest on housing infrastructure bonds and the fees, charges, and expenses
related to the bonds.
(e) "Foreclosed property" means residential property where foreclosure proceedings
have been initiated or have been completed and title transferred or where title is transferred
in lieu of foreclosure.
(f) "Housing infrastructure bonds" means bonds issued by the agency under this chapter
that are qualified 501(c)(3) bonds, within the meaning of Section 145(a) of the Internal
Revenue Code, finance qualified residential rental projects within the meaning of Section
142(d) of the Internal Revenue Code, or are tax-exempt bonds that are not private activity
bonds, within the meaning of Section 141(a) of the Internal Revenue Code, for the purpose
of financing or refinancing affordable housing authorized under this chapter.
(g) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.
new text begin (h) "Senior" means a person 55 years of age or older with an annual income not greater
than 50 percent of:
new text end
new text begin (1) the metropolitan area median income for persons in the metropolitan area; or
new text end
new text begin (2) the statewide median income for persons outside the metropolitan area.
new text end
new text begin (i) "Senior housing" means housing intended and operated for occupancy by at least one
senior per unit with at least 80 percent of the units occupied by at least one senior per unit,
and for which there is publication of, and adherence to, policies and procedures that
demonstrate an intent by the owner or manager to provide housing for seniors. Senior
housing may be developed in conjunction with and as a distinct portion of mixed-income
senior housing developments that use a variety of public or private financing sources.
new text end
deleted text begin (h)deleted text end new text begin (j)new text end "Supportive housing" means housing that is not time-limited and provides or
coordinates with linkages to services necessary for residents to maintain housing stability
and maximize opportunities for education and employment.
Sec. 14.
Minnesota Statutes 2016, section 462A.37, subdivision 2, is amended to read:
Subd. 2.
Authorization.
(a) The agency may issue up to $30,000,000 in aggregate
principal amount of housing infrastructure bonds in one or more series to which the payment
made under this section may be pledged. The housing infrastructure bonds authorized in
this subdivision may be issued to fund loansnew text begin or grants for the purposes of clause (4)new text end , on
terms and conditions the agency deems appropriate, made for one or more of the following
purposes:
(1) to finance the costs of the construction, acquisition, and rehabilitation of supportive
housing for individuals and families who are without a permanent residence;
(2) to finance the costs of the acquisition and rehabilitation of foreclosed or abandoned
housing to be used for affordable rental housing and the costs of new construction of rental
housing on abandoned or foreclosed property where the existing structures will be demolished
or removed;
(3) to finance that portion of the costs of acquisition of property that is attributable to
the land to be leased by community land trusts to low- and moderate-income homebuyers;
deleted text begin and
deleted text end
(4) new text begin to finance that portion of the acquisition, improvement, and infrastructure of
manufactured home parks under section 462A.2035, subdivision 1b, that is attributable to
land to be leased to low- and moderate-income manufactured home owners;
new text end
new text begin (5) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction
of senior housing; and
new text end
new text begin (6) new text end to finance the costs of acquisition and rehabilitation of federally assisted rental
housing and for the refinancing of costs of the construction, acquisition, and rehabilitation
of federally assisted rental housing, including providing funds to refund, in whole or in part,
outstanding bonds previously issued by the agency or another government unit to finance
or refinance such costs.
(b) Among comparable proposals for permanent supportive housing, preference shall
be given to permanent supportive housing for veterans and other individuals or families
who:
(1) either have been without a permanent residence for at least 12 months or at least four
times in the last three years; or
(2) are at significant risk of lacking a permanent residence for 12 months or at least four
times in the last three years.
new text begin (c) Among comparable proposals for senior housing, the agency must give priority to
requests for projects that:
new text end
new text begin (1) demonstrate a commitment to maintaining the housing financed as affordable to
seniors;
new text end
new text begin (2) leverage other sources of funding to finance the project, including the use of
low-income housing tax credits;
new text end
new text begin (3) provide access to services to residents and demonstrate the ability to increase physical
supports and support services as residents age and experience increasing levels of disability;
new text end
new text begin (4) provide a service plan containing the elements of clause (3) reviewed by the housing
authority, economic development authority, public housing authority, or community
development agency that has an area of operation for the jurisdiction in which the project
is located; and
new text end
new text begin (5) include households with incomes that do not exceed 30 percent of the median
household income for the metropolitan area.
new text end
new text begin To the extent practicable, the agency shall balance the loans made between projects in the
metropolitan area and projects outside the metropolitan area. Of the loans made to projects
outside the metropolitan area, the agency shall, to the extent practicable, balance the loans
made between projects in counties or cities with a population of 20,000 or less, as established
by the most recent decennial census, and projects in counties or cities with populations in
excess of 20,000.
new text end
Sec. 15.
Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:
new text begin Subd. 1a.new text end
new text begin Aggregate bond limitation.new text end
new text begin "Aggregate bond limitation" means up to 55
percent of the reasonably expected aggregate basis of a residential rental project and the
land on which the project is or will be located.
new text end
Sec. 16.
Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:
new text begin Subd. 1b.new text end
new text begin AMI.new text end
new text begin "AMI" means the area median income for the applicable county or
metropolitan area as published by the Department of Housing and Urban Development, as
adjusted for household size.
new text end
Sec. 17.
Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:
new text begin Subd. 12a.new text end
new text begin LIHTC.new text end
new text begin "LIHTC" means low-income housing tax credits under section 42
of the Internal Revenue Code of 1986, as amended.
new text end
Sec. 18.
Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:
new text begin Subd. 21a.new text end
new text begin Preservation project.new text end
new text begin "Preservation project" means any residential rental
project, regardless of whether or not such project is restricted to persons of a certain age or
older, that is expected to generate low-income housing tax credits under section 42 of the
Internal Revenue Code of 1986, as amended, and (1) receives federal project-based rental
assistance, or (2) is funded through a loan from or guaranteed by the United States
Department of Agriculture's Rural Development Program. In addition, to qualify as a
preservation project, the amount of bonds requested in the application must not exceed the
aggregate bond limitation.
new text end
Sec. 19.
Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:
new text begin Subd. 30.new text end
new text begin 30 percent AMI residential rental project.new text end
new text begin "30 percent AMI residential
rental project" means a residential rental project that does not otherwise qualify as a
preservation project, is expected to generate low-income housing tax credits under section
42 of the Internal Revenue Code of 1986, as amended, from 100 percent of its residential
units, and in which:
new text end
new text begin (1) all the residential units of the project:
new text end
new text begin (i) are reserved for tenants whose income, on average, is 30 percent of AMI or less;
new text end
new text begin (ii) are rent-restricted in accordance with section 42(g)(2) of the Internal Revenue Code
of 1986, as amended; and
new text end
new text begin (iii) are subject to rent and income restrictions for a period of not less than 30 years; or
new text end
new text begin (2)(i) is located outside of the metropolitan area as defined in section 473.121, subdivision
2, and within a county or metropolitan area that has a current median area gross income
that is less than the statewide area median income for Minnesota;
new text end
new text begin (ii) all of the units of the project are rent-restricted in accordance with section 42(g)(2)
of the Internal Revenue Code of 1986, as amended; and
new text end
new text begin (iii) all of the units of the project are subject to the applicable rent and income restrictions
for a period of not less than 30 years.
new text end
new text begin In addition, to qualify as a 30 percent AMI residential project, the amount of bonds
requested in the application must not exceed the aggregate bond limitation.
new text end
Sec. 20.
Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:
new text begin Subd. 31.new text end
new text begin 50 percent AMI residential rental project.new text end
new text begin "50 percent AMI residential
rental project," means a residential rental project that does not qualify as a preservation
project or 30 percent AMI residential rental project, is expected to generate low-income
housing tax credits under section 42 of the Internal Revenue Code of 1986, as amended,
from 100 percent of its residential units, and in which all the residential units of the project:
new text end
new text begin (1) are reserved for tenants whose income, on average, is 50 percent of AMI or less;
new text end
new text begin (2) are rent-restricted in accordance with section 42(g)(2) of the Internal Revenue Code
of 1986, as amended; and
new text end
new text begin (3) are subject to rent and income restrictions for a period of not less than 30 years.
new text end
new text begin In addition, to qualify as a 50 percent AMI residential rental project, the amount of bonds
requested in the application must not exceed the aggregate bond limitation.
new text end
Sec. 21.
Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:
new text begin Subd. 32.new text end
new text begin 100 percent LIHTC project.new text end
new text begin "100 percent LIHTC project" means a residential
rental project that is expected to generate low-income housing tax credits under section 42
of the Internal Revenue Code of 1986, as amended, from 100 percent of its residential units
and does not otherwise qualify as a preservation project, 30 percent AMI residential rental
project, or 50 percent AMI residential rental project. In addition, to qualify as a 100 percent
LIHTC project, the amount of bonds requested in the application must not exceed the
aggregate bond limitation.
new text end
Sec. 22.
Minnesota Statutes 2016, section 474A.02, is amended by adding a subdivision
to read:
new text begin Subd. 33.new text end
new text begin 20 percent LIHTC project.new text end
new text begin "20 percent LIHTC project" means a residential
rental project that is expected to generate low-income housing tax credits under section 42
of the Internal Revenue Code of 1986, as amended, from at least 20 percent of its residential
units and does not otherwise qualify as a preservation project, 30 percent AMI residential
rental project, 50 percent AMI residential rental project, or 100 percent LIHTC project. In
addition, to qualify as a 20 percent LIHTC project, the amount of bonds requested in the
application must not exceed the aggregate bond limitation.
new text end
Sec. 23.
Minnesota Statutes 2016, section 474A.03, subdivision 1, is amended to read:
Subdivision 1.
Under federal tax law; allocations.
At the beginning of each calendar
year after December 31, 2001, the commissioner shall determine the aggregate dollar amount
of the annual volume cap under federal tax law for the calendar year, and of this amount
the commissioner shall make the following allocation:
(1) $74,530,000 to the small issue pool;
(2) $122,060,000 to the housing poolnew text begin in calendar years 2019 and 2020, and starting in
calendar year 2021, $122,060,000 to the housing poolnew text end , of which 31 percent of the adjusted
allocation is reserved until the last Monday in deleted text begin Julydeleted text end new text begin Junenew text end for single-family housing programs;
(3) $12,750,000 to the public facilities pool; and
(4) amounts to be allocated as provided in subdivision 2a.
If the annual volume cap is greater or less than the amount of bonding authority allocated
under clauses (1) to (4) and subdivision 2a, paragraph (a), clauses (1) to (4), the allocation
must be adjusted so that each adjusted allocation is the same percentage of the annual volume
cap as each original allocation is of the total bonding authority originally allocated.
Sec. 24.
Minnesota Statutes 2016, section 474A.04, subdivision 1a, is amended to read:
Subd. 1a.
Entitlement reservations.
Any amount returned by an entitlement issuer
before deleted text begin Julydeleted text end new text begin Junenew text end 15 shall be reallocated through the housing pool. Any amount returned on
or after July deleted text begin 15deleted text end new text begin 1new text end shall be reallocated through the unified pool. An amount returned after
the last Monday in November shall be reallocated to the Minnesota Housing Finance Agency.
Sec. 25.
Minnesota Statutes 2016, section 474A.047, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) An issuer may only use the proceeds from residential
rental bonds if the proposed project meets the following requirements:
(1) the proposed residential rental project meets the requirements of section 142(d) of
the Internal Revenue Code regarding the incomes of the occupants of the housing; and
(2) the maximum rent for at least 20 percent of the units in the proposed residential rental
project do not exceed the area fair market rent or exception fair market rents for existing
housing, if applicable, as established by the federal Department of Housing and Urban
Development. The rental rates of units in a residential rental project for which project-based
federal assistance payments are made are deemed to be within the rent limitations of this
clause.
(b) The proceeds from residential rental bonds may be used for a project for which
project-based federal rental assistance payments are made only ifdeleted text begin :deleted text end new text begin the owner of the project
enters into a binding agreement with the issuer under which the owner is obligated to extend
any existing low-income affordability restrictions and any contract or agreement for rental
assistance payments for the maximum term permitted, including any renewals thereof.
new text end
deleted text begin (1) the owner of the project enters into a binding agreement with the Minnesota Housing
Finance Agency under which the owner is obligated to extend any existing low-income
affordability restrictions and any contract or agreement for rental assistance payments for
the maximum term permitted, including any renewals thereof; and
deleted text end
deleted text begin (2) the Minnesota Housing Finance Agency certifies that project reserves will be
maintained at closing of the bond issue and budgeted in future years at the lesser of:
deleted text end
deleted text begin (i) the level described in Minnesota Rules, part 4900.0010, subpart 7, item A, subitem
(2), effective May 1, 1997; or
deleted text end
deleted text begin (ii) the level of project reserves available prior to the bond issue, provided that additional
money is available to accomplish repairs and replacements needed at the time of bond issue.
deleted text end
Sec. 26.
Minnesota Statutes 2016, section 474A.047, subdivision 2, is amended to read:
Subd. 2.
15-year agreement.
Prior to the issuance of residential rental bonds, the
developer of the project for which the bond proceeds will be used must enter into a 15-year
agreement with the issuer that specifies the maximum rental rates of the rent-restricted units
in the project and the income levels of the residents of the project occupying income-restricted
unitsdeleted text begin .deleted text end new text begin and in which the developer will agree to maintain the project as a preservation project,
30 percent AMI residential rental project, 50 percent AMI residential rental project, 100
percent LIHTC project, or 20 percent LIHTC project, as applicable and as described in its
application. new text end Such rental rates and income levels must be within the limitations established
under subdivision 1. The developer must annually certify to the issuer over the term of the
agreement that the rental rates for the rent-restricted units are within the limitations under
subdivision 1. The issuer may request individual certification of the income of residents of
the income-restricted units. The commissioner may request from the issuer a copy of the
annual certification prepared by the developer. The commissioner may require the issuer
to request individual certification of all residents of the income-restricted units.
Sec. 27.
Minnesota Statutes 2016, section 474A.061, is amended to read:
474A.061 MANUFACTURING, HOUSING, AND PUBLIC FACILITIES POOLS.
Subdivision 1.
Allocation applicationnew text begin ; small issue pool and public facilities poolnew text end .
(a)
new text begin For any requested allocations from the small issue pool and the public facilities pool, new text end an
issuer may apply for an allocation under this section by submitting to the department an
application on forms provided by the department, accompanied by (1) a preliminary
resolution, (2) a statement of bond counsel that the proposed issue of obligations requires
an allocation under this chapter and the Internal Revenue Code, (3) the type of qualified
bonds to be issued, (4) an application deposit in the amount of one percent of the requested
allocation before the last Monday in deleted text begin Julydeleted text end new text begin Junenew text end , or in the amount of two percent of the
requested allocation on or after the last Monday in deleted text begin July,deleted text end new text begin June, andnew text end (5) a public purpose
scoring worksheet for manufacturing project and enterprise zone facility project applicationsdeleted text begin ,
and (6) for residential rental projects, a statement from the applicant or bond counsel as to
whether the project preserves existing federally subsidized housing for residential rental
project applications and whether the project is restricted to persons who are 55 years of age
or olderdeleted text end . The issuer must pay the application deposit deleted text begin by a check madedeleted text end deleted text begin payabledeleted text end to the
Department of Management and Budget. The Minnesota Housing Finance Agency, the
Minnesota Rural Finance Authority, and the Minnesota Office of Higher Education may
apply for and receive an allocation under this section without submitting an application
deposit.
(b) An entitlement issuer may not apply for an allocation deleted text begin from the public facilities pooldeleted text end new text begin
under this subdivisionnew text end unless it has either permanently issued bonds equal to the amount of
its entitlement allocation for the current year plus any amount of bonding authority carried
forward from previous years or returned for reallocation all of its unused entitlement
allocation. deleted text begin An entitlement issuer may not apply for an allocation from the housing pool
unless it either has permanently issued bonds equal to any amount of bonding authority
carried forward from a previous year or has returned for reallocation any unused bonding
authority carried forward from a previous year.deleted text end For purposes of this subdivision, its
entitlement allocation includes an amount obtained under section 474A.04, subdivision 6.
deleted text begin This paragraph does not apply to an application from the Minnesota Housing Finance Agency
for an allocation under subdivision 2a for cities who choose to have the agency issue bonds
on their behalf.
deleted text end
(c) If an application is rejected under this section, the commissioner must notify the
applicant and return the application deposit to the applicant within 30 days unless the
applicant requests in writing that the application be resubmitted. The granting of an allocation
of bonding authority under this section must be evidenced by a certificate of allocation.
new text begin Subd. 1a.new text end
new text begin Allocation application; housing pool.new text end
new text begin (a) For any requested allocations from
the housing pool, an issuer may apply for an allocation under this section by submitting to
the department an application on forms provided by the department, accompanied by (1) a
preliminary resolution, (2) a statement of bond counsel that the proposed issue of obligations
requires an allocation under this chapter and the Internal Revenue Code, (3) an application
deposit in the amount of two percent of the requested allocation, (4) a sworn statement from
the applicant identifying the project as either a preservation project, 30 percent AMI
residential rental project, 50 percent AMI residential rental project, 100 percent LIHTC
project, 20 percent LIHTC project, or any other residential rental project, and (5) a
certification from the applicant or its accountant stating whether the requested allocation
exceeds the aggregate bond limitation. The issuer must pay the application deposit to the
Department of Management and Budget. The Minnesota Housing Finance Agency may
apply for and receive an allocation under this section without submitting an application
deposit.
new text end
new text begin (b) An entitlement issuer may not apply for an allocation from the housing pool unless
it either has permanently issued bonds equal to any amount of bonding authority carried
forward from a previous year or has returned for reallocation any unused bonding authority
carried forward from a previous year. For purposes of this subdivision, its entitlement
allocation includes an amount obtained under section 474A.04, subdivision 6. This paragraph
does not apply to an application from the Minnesota Housing Finance Agency for an
allocation under subdivision 2a for cities who choose to have the agency issue bonds on the
city's behalf.
new text end
new text begin (c) If an application is rejected under this section, the commissioner must notify the
applicant and return the application deposit to the applicant within 30 days unless the
applicant requests in writing that the application be resubmitted. The granting of an allocation
of bonding authority under this section must be evidenced by a certificate of allocation.
new text end
Subd. 2a.
Housing pool allocation.
(a) Commencing on the second Tuesday in January
and continuing on each Monday through deleted text begin Julydeleted text end new text begin Junenew text end 15, the commissioner shall allocate
available bonding authority from the housing pool to applications received on or before the
Monday of the preceding week for residential rental projects that meet the eligibility criteria
under section 474A.047. Allocations of available bonding authority from the housing pool
for eligible residential rental projects shall be awarded in the following order of priority:
deleted text begin (1) projects that preserve existing federally subsidized housing; (2) projects that are not
restricted to persons who are 55 years of age or older; and (3) other residential rental projects.
Prior to May 15, no allocation shall be made to a project restricted to persons who are 55
years of age or older.
deleted text end
new text begin (1) preservation projects;
new text end
new text begin (2) 30 percent AMI residential rental projects;
new text end
new text begin (3) 50 percent AMI residential rental projects;
new text end
new text begin (4) 100 percent LIHTC projects;
new text end
new text begin (5) 20 percent LIHTC projects;
new text end
new text begin (6) single-family housing programs after June 1 in calendar years 2019 and 2020, and
after January 1 starting in calendar year 2021; and
new text end
new text begin (7) other residential rental projects for which the amount of bonds requested in their
respective applications do not exceed the aggregate bond limitation.
new text end
new text begin If there are two or more applications for residential rental projects at the same priority level
and there is insufficient bonding authority to provide allocations for all such projects in any
one allocation period, available bonding authority shall be randomly awarded by lot. If a
residential rental project is selected by lot, but the remaining bonding authority is insufficient
to provide the full amount of the requested allocation, the project shall be allocated the
remaining available housing pool bonding authority and if the project applies for an allocation
of bonds again in the same calendar year or to the next successive housing pool, the project
shall be awarded the lesser of the available bonding authority or the remainder of its full
allocation request before any new project applying in the same allocation period with an
equal or lower priority shall receive bonding authority. The project shall continue to receive
priority over other projects applying with an equal or lower priority during the time period
specified in this paragraph until the project has been awarded its full allocation amount.
new text end
If an issuer that receives an allocation under this deleted text begin paragraph does not issue obligations equal
to all or a portion of the allocation receiveddeleted text end new text begin subdivisionnew text end deleted text begin within 120 days of the allocation
ordeleted text end returns the allocation to the commissioner, the amount of the allocation is canceled and
returned for reallocation through the housing pool or to the unified pool after deleted text begin Julydeleted text end new text begin Junenew text end 15
new text begin but only if the return occurs in the same calendar year as the original allocationnew text end .
new text begin If an issuer that receives an allocation under this subdivision does not issue obligations
equal to all or a portion of the allocation by the last business day in December, the issuer
may elect to carry forward its allocation by submitting notice to the commissioner by the
last business day in December, including a resolution of intent to carry forward from its
local governing body, and paying an additional application deposit equal to one percent of
the allocation amount.
new text end
(b) deleted text begin After January 1, and through January 15,deleted text end The Minnesota Housing Finance Agency
may accept applicationsnew text begin , according to the schedule in paragraph (c),new text end from cities for
single-family housing programs which meet program requirements as follows:
(1) the housing program must meet a locally identified housing need and be economically
viable;
(2) the adjusted income of home buyers may not exceed 80 percent of the greater of
statewide or area median income as published by the Department of Housing and Urban
Development, adjusted for household size;
(3) house price limits may not exceed the federal price limits established for mortgage
revenue bond programs. Data on the home purchase price amount, mortgage amount, income,
household size, and race of the households served in the previous year's single-family
housing program, if any, must be included in each application; and
(4) for applicants who choose to have the agency issue bonds on their behalf, an
application fee pursuant to section 474A.03, subdivision 4, and an application deposit equal
to one percent of the requested allocation must be submitted to the Minnesota Housing
Finance Agency before the agency forwards the list specifying the amounts allocated to the
commissioner under paragraph deleted text begin (d)deleted text end new text begin (e)new text end . The agency shall submit the city's application fee
and application deposit to the commissioner when requesting an allocation from the housing
pool.
Applications by a consortium shall include the name of each member of the consortium
and the amount of allocation requested by each member.
new text begin (c) The Minnesota Housing Finance Agency may accept applications under paragraph
(b) after June 1 in calendar years 2019 and 2020, and after January 1 and through January
15 starting in calendar year 2021.
new text end
deleted text begin (c) Any amounts remaining in the housing pool after July 15 are available for
single-family housing programs for cities that applied in January and received an allocation
under this section in the same calendar year.deleted text end new text begin (d)new text end For a city that chooses to issue bonds on
its own behalf or pursuant to a joint powers agreement, the agency must allot available
bonding authority based on the formula in paragraphs deleted text begin (d)deleted text end new text begin (e)new text end and deleted text begin (f)deleted text end new text begin (g)new text end . Allocations will
be made loan by loan, on a first-come, first-served basis among cities on whose behalf the
Minnesota Housing Finance Agency issues bonds.
Any city that received an allocation pursuant to paragraph deleted text begin (f)deleted text end new text begin (g)new text end in the same calendar
year that wishes to issue bonds on its own behalf or pursuant to a joint powers agreement
for an amount becoming available for single-family housing programs after deleted text begin July 15deleted text end new text begin June 1new text end
shall notify the Minnesota Housing Finance Agency by deleted text begin July 15deleted text end new text begin June 1new text end . The Minnesota
Housing Finance Agency shall notify each city making a request of the amount of its
allocation within three business days after deleted text begin July 15deleted text end new text begin June 1new text end . The city must comply with
paragraph deleted text begin (f)deleted text end new text begin (g)new text end .
For purposes of deleted text begin paragraphs (a) to (h)deleted text end new text begin this subdivisionnew text end , "city" means a county or a
consortium of local government units that agree through a joint powers agreement to apply
together for single-family housing programs, and has the meaning given it in section 462C.02,
subdivision 6. "Agency" means the Minnesota Housing Finance Agency.
deleted text begin (d)deleted text end new text begin (e)new text end The total amount of allocation for mortgage bonds for one city is limited to the
lesser of: (i) the amount requested, or (ii) the product of the total amount available for
mortgage bonds from the housing pool, multiplied by the ratio of each applicant's population
as determined by the most recent estimate of the city's population released by the state
demographer's office to the total of all the applicants' population, except that each applicant
shall be allocated a minimum of $100,000 regardless of the amount requested or the amount
determined under the formula in clause (ii). If a city applying for an allocation is located
within a county that has also applied for an allocation, the city's population will be deducted
from the county's population in calculating the amount of allocations under this paragraph.
Upon determining the amount of each applicant's allocation, the agency shall forward
to the commissioner a list specifying the amounts allotted to each application with all
application fees and deposits from applicants who choose to have the agency issue bonds
on their behalf.
Total allocations from the housing pool for single-family housing programs may not
exceed 31 percent of the adjusted allocation to the housing pool deleted text begin until after July 15deleted text end .
deleted text begin (e)deleted text end new text begin (f)new text end The agency may issue bonds on behalf of participating cities. The agency shall
request an allocation from the commissioner for all applicants who choose to have the
agency issue bonds on their behalf and the commissioner shall allocate the requested amount
to the agency. The agency may request an allocation at any time after new text begin June 1 in calendar
years 2019 and 2020, and afternew text end the second Tuesday in January and through the last Monday
in deleted text begin Julydeleted text end new text begin June starting in calendar year 2021new text end . After awarding an allocation and receiving a
notice of issuance for the mortgage bonds issued on behalf of the participating cities, the
commissioner shall transfer the application deposits to the Minnesota Housing Finance
Agency to be returned to the participating cities. The Minnesota Housing Finance Agency
shall return any application deposit to a city that paid an application deposit under paragraph
(b), clause (4), but was not part of the list forwarded to the commissioner under paragraph
deleted text begin (d)deleted text end new text begin (e)new text end .
deleted text begin (f)deleted text end new text begin (g)new text end A city may choose to issue bonds on its own behalf or through a joint powers
agreement and may request an allocation from the commissioner by forwarding an application
with an application fee pursuant to section 474A.03, subdivision 4, and a one percent
application deposit to the commissioner no later than the Monday of the week preceding
an allocation. If the total amount requested by all applicants exceeds the amount available
in the pool, the city may not receive a greater allocation than the amount it would have
received under the list forwarded by the Minnesota Housing Finance Agency to the
commissioner. No city may request or receive an allocation from the commissioner until
the list under paragraph deleted text begin (d)deleted text end new text begin (e)new text end has been forwarded to the commissioner. A city must request
an allocation from the commissioner no later than the last Monday in deleted text begin Julydeleted text end new text begin Junenew text end . No city
may receive an allocation from the housing pool for mortgage bonds which has not first
applied to the Minnesota Housing Finance Agency. The commissioner shall allocate the
requested amount to the city or cities subject to the limitations under this paragraph.
If a city issues mortgage bonds from an allocation received under this paragraph, the
issuer must provide for the recycling of funds into new loans. If the issuer is not able to
provide for recycling, the issuer must notify the commissioner in writing of the reason that
recycling was not possible and the reason the issuer elected not to have the Minnesota
Housing Finance Agency issue the bonds. "Recycling" means the use of money generated
from the repayment and prepayment of loans for further eligible loans or for the redemption
of bonds and the issuance of current refunding bonds.
deleted text begin (g)deleted text end new text begin (h)new text end No entitlement city or county or city in an entitlement county may apply for or
be allocated authority to issue mortgage bonds or use mortgage credit certificates from the
housing pool. No city in an entitlement county may apply for or be allocated authority to
issue residential rental bonds from the housing pool or the unified pool.
deleted text begin (h)deleted text end new text begin (i)new text end A city that does not use at least 50 percent of its allotment by the date applications
are due for the first allocation that is made from the housing pool for single-family housing
programs in the immediately succeeding calendar year may not apply to the housing pool
for a single-family mortgage bond or mortgage credit certificate program allocation that
exceeds the amount of its allotment for the preceding year that was used by the city in the
immediately preceding year or receive an allotment from the housing pool in the succeeding
calendar year that exceeds the amount of its allotment for the preceding year that was used
in the preceding year. The minimum allotment is $100,000 for an allocation made prior to
July deleted text begin 15deleted text end new text begin 1new text end , regardless of the amount used in the preceding calendar year, except that a city
whose allocation in the preceding year was the minimum amount of $100,000 and who did
not use at least 50 percent of its allocation from the preceding year is ineligible for an
allocation in the immediate succeeding calendar year. Each local government unit in a
consortium must meet the requirements of this paragraph.
Subd. 2b.
Small issue pool allocation.
Commencing on the second Tuesday in January
and continuing on each Monday through the last Monday in deleted text begin Julydeleted text end new text begin Junenew text end , the commissioner
shall allocate available bonding authority from the small issue pool to applications received
on or before the Monday of the preceding week for manufacturing projects and enterprise
zone facility projects. From the second Tuesday in January through the last Monday in deleted text begin Julydeleted text end new text begin
Junenew text end , the commissioner shall reserve $5,000,000 of the available bonding authority from
the small issue pool for applications for agricultural development bond loan projects of the
Minnesota Rural Finance Authority.
Beginning in calendar year 2002, on the second Tuesday in January through the last
Monday in deleted text begin Julydeleted text end new text begin Junenew text end , the commissioner shall reserve $10,000,000 of available bonding
authority in the small issue pool for applications for student loan bonds of or on behalf of
the Minnesota Office of Higher Education. The total amount of allocations for student loan
bonds from the small issue pool may not exceed $10,000,000 per year.
The commissioner shall reserve $10,000,000 until the day after the last Monday in
February, $10,000,000 until the day after the last Monday in April, and $10,000,000 until
the day after the last Monday in June in the small issue pool for enterprise zone facility
projects and manufacturing projects. The amount of allocation provided to an issuer for a
specific enterprise zone facility project or manufacturing project will be based on the number
of points received for the proposed project under the scoring system under section 474A.045.
If there are two or more applications for manufacturing and enterprise zone facility
projects from the small issue pool and there is insufficient bonding authority to provide
allocations for all projects in any one week, the available bonding authority shall be awarded
based on the number of points awarded a project under section 474A.045, with those projects
receiving the greatest number of points receiving allocation first. If two or more applications
receive an equal number of points, available bonding authority shall be awarded by lot
unless otherwise agreed to by the respective issuers.
Subd. 2c.
Public facilities pool allocation.
From the beginning of the calendar year and
continuing for a period of 120 days, the commissioner shall reserve $5,000,000 of the
available bonding authority from the public facilities pool for applications for public facilities
projects to be financed by the Western Lake Superior Sanitary District. Commencing on
the second Tuesday in January and continuing on each Monday through the last Monday
in deleted text begin Julydeleted text end new text begin Junenew text end , the commissioner shall allocate available bonding authority from the public
facilities pool to applications for eligible public facilities projects received on or before the
Monday of the preceding week. If there are two or more applications for public facilities
projects from the pool and there is insufficient available bonding authority to provide
allocations for all projects in any one week, the available bonding authority shall be awarded
by lot unless otherwise agreed to by the respective issuers.
Subd. 4.
Return of allocation; deposit refundnew text begin for small issue pool or public facilities
poolnew text end .
(a) new text begin For any requested allocation from the small issue pool or the public facilities pool,
new text end if an issuer that receives an allocation under this section determines that it will not issue
obligations equal to all or a portion of the allocation received under this section within 120
days of allocation or within the time period permitted by federal tax law, whichever is less,
the issuer must notify the department. If the issuer notifies the department or the 120-day
period since allocation has expired prior to the last Monday in deleted text begin Julydeleted text end new text begin Junenew text end , the amount of
allocation is canceled and returned for reallocation through the pool from which it was
originally allocated. If the issuer notifies the department or the 120-day period since allocation
has expired on or after the last Monday in deleted text begin Julydeleted text end new text begin Junenew text end , the amount of allocation is canceled
and returned for reallocation through the unified pool. If the issuer notifies the department
after the last Monday in November, the amount of allocation is canceled and returned for
reallocation to the Minnesota Housing Finance Agency. To encourage a competitive
application process, the commissioner shall reserve, for new applications, the amount of
allocation that is canceled and returned for reallocation under this section for a minimum
of seven calendar days.
(b) An issuer that returns for reallocation all or a portion of an allocation received under
this deleted text begin sectiondeleted text end new text begin subdivisionnew text end within 120 days of allocation shall receive within 30 days a refund
equal to:
(1) one-half of the application deposit for the amount of bonding authority returned
within 30 days of receiving allocation;
(2) one-fourth of the application deposit for the amount of bonding authority returned
between 31 and 60 days of receiving allocation; and
(3) one-eighth of the application deposit for the amount of bonding authority returned
between 61 and 120 days of receiving allocation.
(c) No refund shall be available for allocations returned 120 or more days after receiving
the allocation or beyond the last Monday in November.
new text begin Subd. 4a.new text end
new text begin Return of allocation; deposit refund for housing pool.new text end
new text begin (a) For any requested
allocations from the housing pool, if an issuer that receives an allocation under this section
determines that it will not (1) issue obligations equal to all or a portion of the allocation
received under this section within the time period permitted by this section or (2) carry
forward its allocation under section 474A.061, subdivision 2a, the issuer must notify the
department as soon as possible, but no later than the last business day in December. If the
issuer notifies the department prior to the last Monday in June, the amount of allocation is
canceled and returned for reallocation through the housing pool. If the issuer notifies the
department on or after the last Monday in June, but during the same calendar year as the
original allocation, the amount of the allocation is canceled and returned for reallocation
through the unified pool. If the issuer notifies the department after the last Monday in
November, the amount of allocation is canceled and returned for reallocation to the Minnesota
Housing Finance Agency. To encourage a competitive application process, the commissioner
shall reserve, for new applications, the amount of allocation that is canceled and returned
for reallocation under this section for a minimum of seven calendar days.
new text end
new text begin (b) An issuer that returns for reallocation all or a portion of an allocation received under
this subdivision by the last Monday in November shall receive within 30 days a refund
equal to:
new text end
new text begin (1) one-half of the application deposit for the amount of bonding authority returned
within 45 days of receiving allocation;
new text end
new text begin (2) one-fourth of the allocation deposit for the amount of bonding authority returned
between 46 and 90 days of receiving allocation; and
new text end
new text begin (3) one-eighth of the application deposit for the amount of bonding authority returned
between 91 and 180 days of receiving allocation.
new text end
new text begin (c) No refund shall be available for allocations returned 180 or more days after receiving
the allocation or beyond the last Monday in November.
new text end
Sec. 28.
Minnesota Statutes 2016, section 474A.062, is amended to read:
474A.062 MINNESOTA OFFICE OF HIGHER EDUCATION deleted text begin 120-DAYdeleted text end ISSUANCE
EXEMPTION.
The Minnesota Office of Higher Education is exempt from deleted text begin the 120-day issuance
requirementsdeleted text end new text begin any time limitation on issuance of bonds set forthnew text end in this chapter and may
carry forward allocations for student loan bonds, subject to carryforward notice requirements
of section 474A.131, subdivision 2.
Sec. 29.
Minnesota Statutes 2016, section 474A.091, is amended to read:
474A.091 ALLOCATION OF UNIFIED POOL.
Subdivision 1.
Unified pool amount.
On the day after the last Monday in deleted text begin Julydeleted text end new text begin Junenew text end any
bonding authority remaining unallocated from the small issue pool, the housing pool, and
the public facilities pool is transferred to the unified pool and must be reallocated as provided
in this section.
Subd. 2.
Applicationnew text begin for residential rental projectsnew text end .
new text begin (a) new text end Issuers may apply for an
allocation new text begin for residential rental bonds new text end under this section by submitting to the department an
application on forms provided by the department accompanied bynew text begin :
new text end
(1) a preliminary resolutiondeleted text begin ,deleted text end new text begin ;
new text end
(2) a statement of bond counsel that the proposed issue of obligations requires an
allocation under this chapter and the Internal Revenue Codedeleted text begin ,deleted text end new text begin ;
new text end
(3) deleted text begin the type of qualified bonds to be issued, (4)deleted text end an application deposit in the amount of
two percent of the requested allocationnew text begin ;new text end deleted text begin ,(5) a public purpose scoring worksheet for
manufacturing and enterprise zone applications, and (6) for residential rental projects, a
statement from the applicant or bond counsel as to whether the project preserves existing
federally subsidized housing and whether the project is restricted to persons who are 55
years of age or older.
deleted text end
new text begin (4) a sworn statement from the applicant identifying the project as either a preservation
project, 30 percent AMI residential rental project, 50 percent AMI residential rental project,
100 percent LIHTC project, 20 percent LIHTC project, or any other residential rental project;
and
new text end
new text begin (5) a certification from the applicant or its accountant stating whether the requested
allocation exceeds the aggregate bond limitation. Applications for projects requesting bonds
in excess of the aggregate bond limitation may not apply or be allocated bonding authority
until after September 1 each year.
new text end
The issuer must pay the application deposit deleted text begin by checkdeleted text end new text begin to the Department of Management
and Budgetnew text end . An entitlement issuer may not apply for an allocation for deleted text begin public facility bonds,deleted text end
residential rental project bondsdeleted text begin , or mortgage bondsdeleted text end under this section unless it has either
permanently issued bonds equal to the amount of its entitlement allocation for the current
year plus any amount carried forward from previous years or returned for reallocation all
of its unused entitlement allocation. For purposes of this subdivision, its entitlement allocation
includes an amount obtained under section 474A.04, subdivision 6.
new text begin (b) If an issuer that receives an allocation under this subdivision returns the allocation
to the commissioner, the amount of the allocation is canceled and returned for reallocation
through the unified pool only if the return occurs prior to the last Monday in November and
within the same calendar year as the original allocation. If an issuer that receives an allocation
under this subdivision does not issue obligations equal to all or a portion of the allocation
by the last business day in December, the issuer may elect to carry forward its allocation
by submitting notice to the commissioner by the last business day in December, including
a resolution of intent to carry forward from its local governing body, and paying an additional
application deposit equal to one percent of the allocation amount.
new text end
new text begin (c) new text end Notwithstanding the restrictions imposed on entitlement issuers under this subdivision,
the Minnesota Housing Finance Agency may not receive an allocation for mortgage bonds
under this section prior to the first Monday in October, but may be awarded allocations for
mortgage bonds from the unified pool on or after the first Monday in October. The Minnesota
Housing Finance Agencydeleted text begin , the Minnesota Office of Higher Education, and the Minnesota
Rural Finance Authoritydeleted text end may apply for and receive an allocation under this section without
submitting an application deposit.
new text begin Subd. 2a.new text end
new text begin Application for all other types of qualified bonds.new text end
new text begin Issuers may apply for an
allocation for all types of qualified bonds other than residential rental bonds under this
section by submitting to the department an application on forms provided by the department
accompanied by (1) a preliminary resolution, (2) a statement of bond counsel that the
proposed issue of obligations requires an allocation under this chapter and the Internal
Revenue Code, (3) the type of qualified bonds to be issued, (4) an application deposit in
the amount of two percent of the requested allocation, and (5) a public purpose scoring
worksheet for manufacturing and enterprise zone applications. The issuer must pay the
application deposit to the Department of Management and Budget. An entitlement issuer
may not apply for an allocation for public facility bonds or mortgage bonds under this
section unless it has either permanently issued bonds equal to the amount of its entitlement
allocation for the current year plus any amount carried forward from previous years or
returned for reallocation all of its unused entitlement allocation. For purposes of this
subdivision, its entitlement allocation includes an amount obtained under section 474A.04,
subdivision 6.
new text end
new text begin Notwithstanding the restrictions imposed on entitlement issuers under this subdivision,
the Minnesota Housing Finance Agency may not receive an allocation for mortgage bonds
under this section prior to the first Monday in October, but may be awarded allocations for
mortgage bonds from the unified pool on or after the first Monday in October. The Minnesota
Housing Finance Agency, the Minnesota Office of Higher Education, and the Minnesota
Rural Finance Authority may apply for and receive an allocation under this section without
submitting an application deposit.
new text end
Subd. 3.
Allocation procedure.
(a) The commissioner shall allocate available bonding
authority under this section on the Monday of every other week beginning with the first
Monday in deleted text begin Augustdeleted text end new text begin Julynew text end through and on the last Monday in November. Applications for
allocations must be received by the department by 4:30 p.m. on the Monday preceding the
Monday on which allocations are to be made. If a Monday falls on a holiday, the allocation
will be made or the applications must be received by the next business day after the holiday.
(b) Prior to October 1, only the following applications shall be awarded allocations from
the unified pool. Allocations shall be awarded in the following order of priority:
(1) applications for residential rental project bonds;
(2) applications for small issue bonds for manufacturing projects; and
(3) applications for small issue bonds for agricultural development bond loan projects.
(c) On the first Monday in October through the last Monday in November, allocations
shall be awarded from the unified pool in the following order of priority:
(1) applications for student loan bonds issued by or on behalf of the Minnesota Office
of Higher Education;
(2) applications for mortgage bonds;
(3) applications for public facility projects funded by public facility bonds;
(4) applications for small issue bonds for manufacturing projects;
(5) applications for small issue bonds for agricultural development bond loan projects;
(6) applications for residential rental project bonds;
(7) applications for enterprise zone facility bonds;
(8) applications for governmental bonds; and
(9) applications for redevelopment bonds.
(d) If there are two or more applications for manufacturing projects from the unified
pool and there is insufficient bonding authority to provide allocations for all manufacturing
projects in any one allocation period, the available bonding authority shall be awarded based
on the number of points awarded a project under section 474A.045 with those projects
receiving the greatest number of points receiving allocation first. If two or more applications
for manufacturing projects receive an equal amount of points, available bonding authority
shall be awarded by lot unless otherwise agreed to by the respective issuers.
(e) If there are two or more applications for enterprise zone facility projects from the
unified pool and there is insufficient bonding authority to provide allocations for all enterprise
zone facility projects in any one allocation period, the available bonding authority shall be
awarded based on the number of points awarded a project under section 474A.045 with
those projects receiving the greatest number of points receiving allocation first. If two or
more applications for enterprise zone facility projects receive an equal amount of points,
available bonding authority shall be awarded by lot unless otherwise agreed to by the
respective issuers.
(f) If there are two or more applications for residential rental projects from the unified
pool and there is insufficient bonding authority to provide allocations for all residential
rental projects in any one allocation period, the available bonding authority shall be awarded
in the following order of priority: (1) deleted text begin projects that preserve existing federally subsidized
housing; (2) projects that are not restricted to persons who are 55 years of age or older; and
(3)deleted text end new text begin preservation projects; (2) 30 percent AMI residential rental projects; (3) 50 percent AMI
residential rental projects; (4) 100 percent LIHTC projects; (5) 20 percent LIHTC projects;
(6)new text end other residential rental projectsnew text begin for which the amount of bonds requested in their
respective applications do not exceed the aggregate bond limitation; and (7) other residential
rental projects for which the amount of bonds requested in their respective applications
exceeds the aggregate bond limitation and which apply on or after September 1 of a calendar
year. If there are two or more applications for residential rental projects at the same priority
level and there is insufficient bonding authority to provide allocations for all such projects
in any one allocation period, available bonding authority shall be randomly awarded by lot.
If a residential rental project is selected by lot, but the remaining bonding authority is
insufficient to provide the full amount of its requested allocation, the project shall be allocated
the remaining available unified pool bonding authority, and if the project applies for any
additional available allocation within that calendar year or applies in the next successive
housing pool or the next successive unified pool for an allocation of bonds, the project shall
be awarded the lesser of the available bonding authority or the remainder of its full allocation
before any new project applying in the same allocation period with an equal or lower priority
shall receive bonding authority. The project shall continue to receive priority over other
projects applying with an equal or lower priority during the time period specified in this
paragraph until the project has been awarded its full allocation amountnew text end .
(g) From the deleted text begin first Monday in Augustdeleted text end new text begin date the unified pool is creatednew text end through the last
Monday in deleted text begin Novemberdeleted text end new text begin Augustnew text end , $20,000,000 of bonding authority or an amount equal to the
total annual amount of bonding authority allocated to the small issue pool under section
474A.03, subdivision 1, less the amount allocated to issuers from the small issue pool for
that year, whichever is less, is reserved within the unified pool for small issue bonds to the
extent such amounts are available within the unified pool.
(h) The total amount of allocations for mortgage bonds from the housing pool and the
unified pool may not exceed:
(1) $10,000,000 for any one city; or
(2) $20,000,000 for any number of cities in any one county.
(i) The total amount of allocations for student loan bonds from the unified pool may not
exceed $25,000,000 per year.
(j) If there is insufficient bonding authority to fund all projects within any qualified bond
category other than enterprise zone facility projects, manufacturing projects, and residential
rental projects, allocations shall be awarded by lot unless otherwise agreed to by the
respective issuers.
(k) If an application is rejected, the commissioner must notify the applicant and return
the application deposit to the applicant within 30 days unless the applicant requests in writing
that the application be resubmitted.
(l) The granting of an allocation of bonding authority under this section must be evidenced
by issuance of a certificate of allocation.
Subd. 3a.
Mortgage bonds.
(a) Bonding authority remaining in the unified pool on
October 1 is available for single-family housing programs for cities that applied in Januarynew text begin
or Junenew text end and received an allocation under section 474A.061, subdivision 2a, in the same
calendar year. The Minnesota Housing Finance Agency shall receive an allocation for
mortgage bonds pursuant to this section, minus any amounts for a city or consortium that
intends to issue bonds on its own behalf under paragraph (c).
(b) The agency may issue bonds on behalf of participating cities. The agency shall request
an allocation from the commissioner for all applicants who choose to have the agency issue
bonds on their behalf and the commissioner shall allocate the requested amount to the
agency. Allocations shall be awarded by the commissioner each Monday commencing on
the first Monday in October through the last Monday in November for applications received
by 4:30 p.m. on the Monday of the week preceding an allocation.
For cities who choose to have the agency issue bonds on their behalf, allocations will
be made loan by loan, on a first-come, first-served basis among the cities. The agency shall
submit an application fee pursuant to section 474A.03, subdivision 4, and an application
deposit equal to two percent of the requested allocation to the commissioner when requesting
an allocation from the unified pool. After awarding an allocation and receiving a notice of
issuance for mortgage bonds issued on behalf of the participating cities, the commissioner
shall transfer the application deposit to the Minnesota Housing Finance Agency.
For purposes of paragraphs (a) to (d), "city" means a county or a consortium of local
government units that agree through a joint powers agreement to apply together for
single-family housing programs, and has the meaning given it in section 462C.02, subdivision
6. "Agency" means the Minnesota Housing Finance Agency.
(c) Any city that received an allocation pursuant to section 474A.061, subdivision 2a,
paragraph (f), in the current year that wishes to receive an additional allocation from the
unified pool and issue bonds on its own behalf or pursuant to a joint powers agreement shall
notify the Minnesota Housing Finance Agency by the third Monday in September. The total
amount of allocation for mortgage bonds for a city choosing to issue bonds on its own behalf
or through a joint powers agreement is limited to the lesser of: (i) the amount requested, or
(ii) the product of the total amount available for mortgage bonds from the unified pool,
multiplied by the ratio of the population of each city that applied in January and received
an allocation under section 474A.061, subdivision 2a, in the same calendar year, as
determined by the most recent estimate of the city's population released by the state
demographer's office to the total of the population of all the cities that applied in January
and received an allocation under section 474A.061, subdivision 2a, in the same calendar
year. If a city choosing to issue bonds on its own behalf or through a joint powers agreement
is located within a county that has also chosen to issue bonds on its own behalf or through
a joint powers agreement, the city's population will be deducted from the county's population
in calculating the amount of allocations under this paragraph.
The Minnesota Housing Finance Agency shall notify each city choosing to issue bonds
on its own behalf or pursuant to a joint powers agreement of the amount of its allocation
by October 15. Upon determining the amount of the allocation of each choosing to issue
bonds on its own behalf or through a joint powers agreement, the agency shall forward a
list specifying the amounts allotted to each city.
A city that chooses to issue bonds on its own behalf or through a joint powers agreement
may request an allocation from the commissioner by forwarding an application with an
application fee pursuant to section 474A.03, subdivision 4, and an application deposit equal
to two percent of the requested amount to the commissioner no later than 4:30 p.m. on the
Monday of the week preceding an allocation. Allocations to cities that choose to issue bonds
on their own behalf shall be awarded by the commissioner on the first Monday after October
15 through the last Monday in November. No city may receive an allocation from the
commissioner after the last Monday in November. The commissioner shall allocate the
requested amount to the city or cities subject to the limitations under this subdivision.
If a city issues mortgage bonds from an allocation received under this paragraph, the
issuer must provide for the recycling of funds into new loans. If the issuer is not able to
provide for recycling, the issuer must notify the commissioner in writing of the reason that
recycling was not possible and the reason the issuer elected not to have the Minnesota
Housing Finance Agency issue the bonds. "Recycling" means the use of money generated
from the repayment and prepayment of loans for further eligible loans or for the redemption
of bonds and the issuance of current refunding bonds.
(d) No entitlement city or county or city in an entitlement county may apply for or be
allocated authority to issue mortgage bonds or use mortgage credit certificates from the
unified pool.
(e) An allocation awarded to the agency for mortgage bonds under this section may be
carried forward by the agency subject to notice requirements under section 474A.131.
Subd. 4.
Remaining bonding authority.
All remaining bonding authority available for
allocation under this section on December 1, is allocated to the Minnesota Housing Finance
Agency.
Subd. 5.
Return of allocation; deposit refund.
(a) If an issuer that receives an allocation
under this section determines that it will not new text begin (1)new text end issue obligations equal to all or a portion
of the allocation received under this section within deleted text begin 120deleted text end deleted text begin daysdeleted text end new text begin the time period permitted by
this section or (2) carry forward its allocation under section 474A.091, subdivision 2, by
the last business day in Decembernew text end deleted text begin ofdeleted text end deleted text begin the allocation or within the time period permitted by
federal tax law, deleted text end deleted text begin whichever is lessdeleted text end , the issuer must notify the department new text begin as soon as possible
but no later than the last business day in Decembernew text end . If the issuer notifies the department deleted text begin or
the 120-day period since allocation has expireddeleted text end prior to the last Monday in November, the
amount of allocation is canceled and returned for reallocation through the unified pool. If
the issuer notifies the department on or after the last Monday in November, the amount of
allocation is canceled and returned for reallocation to the Minnesota Housing Finance
Agency. To encourage a competitive application process, the commissioner shall reserve,
for new applications, the amount of allocation that is canceled and returned for reallocation
under this section for a minimum of seven calendar days.
(b) An issuer that returns for reallocation all or a portion of an allocation new text begin for all types
of bonds other than residential rental project bonds new text end received under this section within 120
days of the allocation shall receive within 30 days a refund equal to:
(1) one-half of the application deposit for the amount of bonding authority returned
within 30 days of receiving the allocation;
(2) one-fourth of the application deposit for the amount of bonding authority returned
between 31 and 60 days of receiving the allocation; and
(3) one-eighth of the application deposit for the amount of bonding authority returned
between 61 and 120 days of receiving the allocation.
deleted text begin (c)deleted text end No refund of the application deposit shall be available for allocations returned on or
after the last Monday in November.
new text begin (c) An issuer that returns for reallocation all or a portion of an allocation for residential
rental project bonds received under this section by the last Monday in November shall
receive within 30 days a refund equal to:
new text end
new text begin (1) one-half of the application deposit for the amount of bonding authority returned
within 45 days of receiving the allocation;
new text end
new text begin (2) one-fourth of the application deposit for the amount of bonding authority returned
between 46 and 90 days of receiving the allocation; and
new text end
new text begin (3) one-eighth of the application deposit for the amount of bonding authority returned
between 91 and 180 days of receiving the allocation.
new text end
new text begin No refund of the application deposit shall be available for allocations returned on or after
the last Monday in November.
new text end
Subd. 6.
Final allocation; carryforward.
Notwithstanding the notice requirements of
section 474A.131, subdivision 2, any bonding authority remaining unissued by the Minnesota
Housing Finance Agency on the last business day in December shall be carried forward
into the next calendar year by the commissioner for the Minnesota Housing Finance Agency.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, except for subdivision
3, paragraph (g), which is effective the day following final enactment.
new text end
Sec. 30.
Minnesota Statutes 2016, section 474A.131, is amended to read:
474A.131 NOTICE OF ISSUE AND NOTICE OF CARRYFORWARD.
Subdivision 1.
Notice of issue.
new text begin (a)new text end Each issuer deleted text begin that issues bondsdeleted text end with an allocation
received under this chapter shall provide a notice of issue to the department on forms
provided by the department stating:
(1) the date of issuance of the bonds;
(2) the title of the issue;
(3) the principal amount of the bonds;
(4) the type of qualified bonds under federal tax law;
(5) the dollar amount of the bonds issued that were subject to the annual volume cap;
and
(6) for entitlement issuers new text begin and issuers of residential rental housing obligations that have
elected to carry forward an allocationnew text end , whether the allocation is from current year entitlement
authority or is from carryforward authority.
new text begin (b)new text end For obligations that are issued as a part of a series of obligations, a notice must be
provided for each series. A penalty of one-half of the amount of the application deposit not
to exceed $5,000 shall apply to any issue of obligations for which a notice of issue is not
provided to the department within five business days after issuance or before 4:30 p.m. on
the last business day in December, whichever occurs first. Within 30 days after receipt of
a notice of issue the department shall refund a portion of the application deposit equal to
one percent of the amount of the bonding authority actually issued if a one percent application
deposit was made, or equal to two percent of the amount of the bonding authority actually
issued if a two percent application deposit was made, less any penalty amount.
new text begin (c) If an issuer that receives an allocation under this chapter for a residential rental project
issues obligations as provided in this chapter, the commissioner shall refund 50 percent of
any application deposit previously paid within 30 days of the issuance of the obligations
and the remaining 50 percent will be refunded within 30 days after the date on which (1)
final Internal Revenue Service Forms 8609 are provided to the commissioner with respect
to preservation projects, 30 percent AMI residential rental projects, 50 percent AMI
residential rental projects, 100 percent LIHTC projects, or 20 percent LIHTC projects, or
(2) the issuer provides a certification and any other reasonable documentation requested by
the commissioner evidencing that construction of the project has been completed. If the
issuer receives an allocation under this chapter for a residential rental project and fails to
issue the bonds within the time permitted by federal law, the application deposit shall be
forfeited.
new text end
Subd. 1a.
Certificate of notice.
If an allocation received under this chapter is used for
mortgage credit certificates, a certificate notice must be submitted to the department on
forms provided by the department stating the date of the filing of the election not to issue
bonds as provided under section 25, paragraph (c), of the Internal Revenue Code and the
amount of allocation authority to be used under the program.
A penalty of one-half of the amount of the application deposit not to exceed $5,000 shall
apply to any mortgage credit certificate program for which a certificate notice is not provided
to the department within five days of the date of the filing of the election not to issue bonds
or before the last Monday in December, whichever occurs first. Within 30 days after receipt
of a certificate notice the department shall refund a portion of the application deposit equal
to one percent of the amount of the bonding authority to be used for the mortgage credit
certificate program, less any penalty amount.
Subd. 1b.
Deadline for issuance of qualified bonds.
If an issuer fails to notify the
department before 4:30 p.m. on the last business day in December of issuance of obligations
pursuant to an allocation received for any qualified bond projectnew text begin , election to carry forward
an allocation for a residential rental project,new text end or issuance of an entitlement allocation, the
allocation is canceled and the bonding authority is allocated to the Minnesota Housing
Finance Agency for carryforward by the commissioner under section 474A.091, subdivision
6.
Subd. 2.
Carryforward notice.
If an issuer intends to carry forward an allocation received
under this chapter, it must notify the department in writing before 4:30 p.m. on the last
business day in December. This notice requirement does not apply to the Minnesota Housing
Finance Agency for the carryforward of unallocated unified pool balances.
Subd. 3.
Irrevocable allocation.
The department may not revoke an allocation received
under this chapter after receiving a notice of issue or certificate notice from the issuer.
new text begin Subd. 4.new text end
new text begin Allocation plan.new text end
new text begin By January 15 of each year, the commissioner of the Minnesota
Housing Finance Agency shall annually prepare a tax-exempt bond allocation plan that
identifies the amount of tax-exempt bonds allocated to the Minnesota Housing Finance
Agency during the previous calendar year, identifies the amount of carryforward bonds and
the respective issuers pursuant to subdivision 1b, and for all other bond carryforward,
whether or not the Minnesota Housing Fiance Agency intends to carryforward such bonds
not otherwise allocated in the previous year as qualified residential rental bonds or qualified
mortgage bonds or mortgage credit certificates consistent with the requirements of Internal
Revenue Service Form 8328, identifies the carryforward balance of any tax-exempt bonds
allocated to the Minnesota Housing Finance Agency including those bonds carried forward
as qualified residential rental bonds and qualified mortgage bonds or mortgage credit
certificates. Prior to January 15 of each year, the Minnesota Housing Finance Agency must
post on its official Web site the tax-exempt bond allocation plan and invite public comment
until February 1. The Minnesota Housing Finance Agency shall not file the Internal Revenue
Service Form 8328 until the public comment period had closed on February 1 unless
otherwise required by federal law.
new text end
Sec. 31.
Minnesota Statutes 2016, section 474A.14, is amended to read:
474A.14 NOTICE OF AVAILABLE AUTHORITY.
The department shall provide at its official Web site a written notice of the amount of
bonding authority in the housing, small issue, and public facilities pools as soon after January
1 as possible. The department shall provide at its official Web site a written notice of the
amount of bonding authority available for allocation in the unified pool as soon after deleted text begin Augustdeleted text end new text begin
Julynew text end 1 as possible.
Sec. 32.
Minnesota Statutes 2016, section 474A.21, is amended to read:
474A.21 APPROPRIATION; RECEIPTS.
Any fees collected by the department under sections 474A.01 to 474A.21 must be
deposited in a separate account in the general fund. The amount necessary to refund
application deposits is appropriated to the department from the separate account in the
general fund for that purpose. The interest accruing on application deposits and any
application deposit not refunded as provided under section 474A.061, subdivision 4new text begin or
subdivision 4anew text end , or 474A.091, subdivision 5, or forfeited as provided under section 474A.131,
new text begin subdivision 1, paragraph (c), or new text end subdivision 2, must be deposited in the housing trust fund
account under section 462A.201.
Sec. 33.
Minnesota Statutes 2016, section 507.18, subdivision 2, is amended to read:
Subd. 2.
Restriction only is void.
Every provision referred to in subdivision 1 shall be
void, new text begin regardless of the year the written instrument was executed, new text end but the instrument shall
have full force in all other respects and shall be construed as if no such provision were
contained therein.
Sec. 34.
Minnesota Statutes 2016, section 507.18, is amended by adding a subdivision to
read:
new text begin Subd. 5.new text end
new text begin Discharge of restrictive covenants related to protected classes.new text end
new text begin The owner
of any real property may file the statutory form provided in this section in any county where
the property is located to discharge a restrictive covenant related to a protected class
permanently from the title. This subdivision does not apply to real property registered under
chapter 508 or 508A. The discharge of the restrictive covenant is valid and enforceable
under the law of Minnesota when the statutory form, or a substantially similar form, is
properly recorded. For the purposes of this subdivision and subdivision 6, a "protected class"
means a group defined by one of the characteristics listed in section 363A.09, subdivision
1, clause (1), but does not include the exceptions provided in section 363A.21.
new text end
Sec. 35.
Minnesota Statutes 2016, section 507.18, is amended by adding a subdivision to
read:
new text begin Subd. 6.new text end
new text begin Filing; recording.new text end
new text begin (a) The county recorder must accept the statutory form
provided in this subdivision for recording when:
new text end
new text begin (1) the form has been executed before a notary;
new text end
new text begin (2) the form contains the legal description of the property;
new text end
new text begin (3) the form contains the name and address of the person who drafted the form; and
new text end
new text begin (4) the form complies with the standards for recorded documents in section 507.093.
new text end
new text begin (b) The commissioner of commerce must provide electronic copies of the statutory form
in this subdivision to the public free of cost.
new text end
new text begin (c) The filing of this form does not alter or affect the duration or expiration of covenants,
conditions, or restrictions under section 500.20 and may not be used to extend the effect of
a covenant.
new text end
new text begin (d) The statutory form that follows may be used to discharge restrictive covenants on
property that limit the ownership, occupancy, use, or financing based on protected class:
new text end
new text begin DISCHARGE OF RESTRICTIVE COVENANT AFFECTING PROTECTED CLASSES
new text end
new text begin Pursuant to Minnesota Statutes, section 507.18, any restrictive covenant affecting a
protected class, including covenants which were placed on the property with the intent of
restricting the use, occupancy, ownership, or financing because of a person's protected class,
is discharged and released from the land described herein.
new text end
new text begin I/we, .............................................................................................., solemnly swear that
the contents of this form are true to the best of my/our knowledge, except as to those matters
stated on information and belief, and that as to those matters I/we believe them to be true.
new text end
new text begin Name and Address of Owner(s) .............................................................................................
new text end
new text begin The real property owned by owner(s) is located in ................................. County,
Minnesota, and is legally described as follows:
new text end
new text begin OWNER(s), ...................................................................................., swears and affirms
that Owner(s) is/are 18 years of age or older and is/are not under any legal incapacity and
that the information provided in this form is true and correct based on the information
available and based on reasonable information and belief:
new text end
new text begin (1) a restrictive covenant which had the intent to restrict the use, occupancy, ownership,
or financing of this property based on a protected class existed at one time related to the
property described in this form;
new text end
new text begin (2) restrictive covenants relating to or affecting protected classes are unenforceable and
void pursuant to Minnesota Statutes, sections 507.18 and 363A.09, the United States
Constitution, and the Minnesota Constitution;
new text end
new text begin (3) Minnesota Statutes, section 507.18, allows for the discharge of a restrictive covenant
of the nature described herein through the use of this statutory form to permanently discharge
such covenants from the land described herein and release the current and future landowner(s)
from any such restrictive covenant related to or affecting protected classes;
new text end
new text begin (4) any covenant not related to protected classes but related to the real property described
herein shall have full force in all other respects; and
new text end
new text begin (5) the filing of this form does not alter or change the duration or expiration of covenants,
conditions, or restrictions under Minnesota Statutes, section 500.20.
new text end
new text begin The affiant(s) know(s) the matters herein stated are true and make(s) this affidavit for
the purpose of documenting the discharge of the illegal and unenforceable restrictive
covenants affecting protected classes.
new text end
| new text begin . new text end | |
| new text begin Affiant (Owner(s) Signature) new text end | |
| new text begin Signed and sworn before me on ........................ (Date), by new text end | |
| new text begin . (Affiant/Owner) new text end | |
| new text begin . new text end | |
| new text begin Signature of Notary new text end | |
| new text begin Stamp new text end | |
| new text begin My commission expires . new text end | |
| new text begin This instrument was drafted by: new text end | new text begin . new text end |
| new text begin Name new text end | |
| new text begin . new text end | |
| new text begin Address new text end |
Sec. 36.
Laws 2014, chapter 312, article 2, section 14, as amended by Laws 2016, chapter
189, article 7, section 8, and Laws 2017, chapter 94, article 6, section 17, is amended to
read:
Sec. 14. ASSIGNED RISK TRANSFER.
(a) By June 30, 2015, if the commissioner of commerce determines on the basis of an
audit that there is an excess surplus in the assigned risk plan created under Minnesota
Statutes, section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $10,500,000, to the general fund. This transfer
occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1). This is a onetime transfer.
(b) By June 30, 2015, and each year thereafter, if the commissioner of commerce
determines on the basis of an audit that there is an excess surplus in the assigned risk plan
created under Minnesota Statutes, section 79.252, the commissioner of management and
budget shall transfer the amount of the excess surplus, not to exceed $4,820,000 each year,
to the Minnesota minerals 21st century fund under Minnesota Statutes, section 116J.423.
This transfer occurs prior to any transfer under Minnesota Statutes, section 79.251,
subdivision 1, paragraph (a), clause (1), but after the transfers authorized in paragraphs (a)
and (f). The total amount authorized for all transfers under this paragraph must not exceed
$24,100,000. This paragraph expires the day following the transfer in which the total amount
transferred under this paragraph to the Minnesota minerals 21st century fund equals
$24,100,000.
(c) By June 30, 2015, if the commissioner of commerce determines on the basis of an
audit that there is an excess surplus in the assigned risk plan created under Minnesota
Statutes, section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $4,820,000, to the general fund. This transfer
occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1), but after any transfers authorized in paragraphs (a) and (b). If a
transfer occurs under this paragraph, the amount transferred is appropriated from the general
fund in fiscal year 2015 to the commissioner of labor and industry for the purposes of section
15. Both the transfer and appropriation under this paragraph are onetime.
(d) By June 30, 2016, if the commissioner of commerce determines on the basis of an
audit that there is an excess surplus in the assigned risk plan created under Minnesota
Statutes, section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $4,820,000, to the general fund. This transfer
occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1), but after the transfers authorized in paragraphs (a) and (b). If a
transfer occurs under this paragraph, the amount transferred is appropriated from the general
fund in fiscal year 2016 to the commissioner of labor and industry for the purposes of section
15. Both the transfer and appropriation under this paragraph are onetime.
(e) Notwithstanding Minnesota Statutes, section 16A.28, the commissioner of
management and budget shall transfer to the general fund, any unencumbered or unexpended
balance of the appropriations under paragraphs (c) and (d) remaining on June 30, 2016, or
the date the commissioner of commerce determines that an excess surplus in the assigned
risk plan does not exist, whichever occurs earlier.
(f) By June 30, deleted text begin 2017deleted text end new text begin 2018new text end , and each year thereafter, if the commissioner of commerce
determines on the basis of an audit that there is an excess surplus in the assigned risk plan
created under Minnesota Statutes, section 79.252, the commissioner of management and
budget shall transfer the amount of the excess surplus, not to exceed deleted text begin $2,000,000deleted text end new text begin $3,000,000new text end
each year, to the deleted text begin rural policy and development center fund under Minnesota Statutes, section
116J.4221deleted text end new text begin Minnesota manufactured home relocation trust fund established in Minnesota
Statutes, section 462A.35, subdivision 1new text end . This transfer occurs prior to any transfer under
paragraph (b) or under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a),
clause (1). The total amount authorized for all transfers under this paragraph must not exceed
deleted text begin $2,000,000deleted text end new text begin $3,000,000new text end . This paragraph expires the day following the transfer in which the
total amount transferred under this paragraph to the deleted text begin rural policy and development center
funddeleted text end new text begin Minnesota manufactured home relocation trust fundnew text end equals deleted text begin $2,000,000deleted text end new text begin $3,000,000new text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 37. new text begin ADVANCES TO THE MINNESOTA MANUFACTURED HOME
RELOCATION TRUST FUND.
new text end
new text begin (a) Until June 30, 2020, the Minnesota Housing Finance Agency or Department of
Management and Budget as determined by the commissioner of management and budget,
is authorized to advance up to $400,000 from state appropriations or other resources to the
Minnesota manufactured home relocation trust fund established under Minnesota Statutes,
section 462A.35, if the account balance in the Minnesota manufactured home relocation
trust fund is insufficient to pay the amounts claimed under Minnesota Statutes, section
327C.095, subdivision 13.
new text end
new text begin (b) The Minnesota Housing Finance Agency or Department of Management and Budget
shall be reimbursed from the Minnesota manufactured home relocation trust fund for any
money advanced by the agency under paragraph (a) to the fund. Approved claims for payment
to manufactured home owners shall be paid prior to the money being advanced by the agency
or the department to the fund.
new text end
Sec. 38. new text begin HOUSING AFFORDABILITY FUND; 2019 ALLOCATIONS.
new text end
new text begin Allocations from the Housing Finance Agency's housing affordability fund, pool 3, in
2019, may include a set-aside of ten percent for single-family home ownership development
and rental housing for up to a four-plex in municipalities with a population under 10,000,
or for manufactured housing projects. Any such set-aside shall remain until June 1, 2019,
after which any money remaining in the set-aside shall be available to all eligible projects.
new text end
Sec. 39. new text begin REPEALER.
new text end
new text begin Minnesota Statutes 2016, section 471.9996, subdivision 2,new text end new text begin is repealed.
new text end
Sec. 40. new text begin EFFECTIVE DATE.
new text end
new text begin Except as otherwise noted, sections 15 to 32 are effective January 1, 2019.
new text end
ARTICLE 28
PUBLIC SAFETY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS. |
new text begin The sums shown in the column under "Appropriations" are added to the appropriations
in Laws 2017, chapter 95, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from the general fund, or another named fund, and are
available for the fiscal year indicated for each purpose.
new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2018 new text end | new text begin 2019 new text end | |||||
Sec. 2. new text begin GUARDIAN AD LITEM BOARD | new text begin $ new text end | new text begin 0 new text end | new text begin $ new text end | new text begin 2,940,000 new text end | ||
new text begin This appropriation is to hire additional
guardians ad litem to comply with federal and
state mandates and court orders for
representing the best interests of children in
juvenile and family court proceedings. The
appropriation in this section is available until
June 30, 2021. The general fund base for this
appropriation is $1,871,000 beginning in fiscal
year 2020.
new text end
Sec. 3. new text begin PUBLIC SAFETY | ||||||
new text begin Subdivision 1.new text endnew text begin Total Appropriation | new text begin $ new text end | new text begin 0 new text end | new text begin $ new text end | new text begin 423,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2018 new text end | new text begin 2019 new text end | |
| new text begin General new text end | new text begin 0 new text end | new text begin 323,000 new text end |
| new text begin Driver and Vehicle Services Fund new text end | new text begin 0 new text end | new text begin 100,000 new text end |
new text begin Subd. 2.new text endnew text begin Task Force on Missing and Murdered | ||||||
new text begin $48,000 is from the general fund for the Task
Force on Missing and Murdered Indigenous
Women. The general fund base for this
appropriation shall be $45,000 in fiscal year
2020 and $0 in fiscal year 2021.
new text end
new text begin Subd. 3.new text endnew text begin Ignition Interlock | ||||||
new text begin $100,000 is from the driver services operating
account under Minnesota Statutes, section
299A.705, for increased use of ignition
interlock. The base for this appropriation shall
be $125,000 beginning in fiscal year 2020.
new text end
new text begin Subd. 4.new text endnew text begin Forensic Scientists | ||||||
new text begin $275,000 is from the general fund for two
Bureau of Criminal Apprehension forensic
scientists and laboratory supplies. This is an
ongoing appropriation.
new text end
Sec. 4. new text begin CORRECTIONS | new text begin $ new text end | new text begin 0 new text end | new text begin $ new text end | new text begin 6,600,000 new text end | ||
new text begin This appropriation is to fund the offender
health care contract. $1,968,000 is added to
the base in fiscal year 2020 and $3,168,000 is
added to the base in fiscal year 2021 and
beyond.
new text end
Sec. 5. new text begin HUMAN SERVICES | new text begin $ new text end | new text begin 0 new text end | new text begin $ new text end | new text begin 12,000 new text end | ||
new text begin This appropriation is for state costs to update
a paternity training video. This is a onetime
appropriation.
new text end
Sec. 6. new text begin TRANSFER; PEACE OFFICER TRAINING ACCOUNT DEFICIENCY.
new text end
new text begin $125,000 is transferred in fiscal year 2019 from the general fund to the peace officer
training account in the special revenue fund to pay for a projected deficiency in the peace
officer training account. This is a onetime transfer.
new text end
Sec. 7. new text begin TRANSFER; FEDERAL DISASTER, DR-4069.
new text end
new text begin The commissioner of management and budget must transfer any unexpended balance
appropriated to the Department of Public Safety for Federal Disaster DR-4069 under Laws
2012, First Special Session chapter 1, article 1, section 3, subdivision 2, as amended by
Laws 2013, First Special Session chapter 1, section 2, paragraph (a), to the disaster
contingency account in Minnesota Statutes, section 12.221, subdivision 6. This is a onetime
transfer.
new text end
ARTICLE 29
COURTS
Section 1.
Minnesota Statutes 2016, section 257.57, subdivision 1, is amended to read:
Subdivision 1.
Actions under section 257.55, subdivision 1, paragraph (a), (b), or
(c).
A child, the child's biological mother, or a man presumed to be the child's father under
section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:
(1) at any time for the purpose of declaring the existence of the father and child
relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or
(2) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action
is brought within deleted text begin twodeleted text end new text begin threenew text end years after the person bringing the action has reason to believe
that the presumed father is not the father of the childdeleted text begin , but in no event later than three years
after the child's birthdeleted text end . However, if the presumed father was divorced from the child's mother
and if, on or before the 280th day after the judgment and decree of divorce or dissolution
became final, he did not know that the child was born during the marriage or within 280
days after the marriage was terminated, the action is not barred until deleted text begin one year after the child
reaches the age of majority or one yeardeleted text end new text begin three yearsnew text end after the presumed father knows or
reasonably should have known of the birth of the childdeleted text begin , whichever is earlierdeleted text end . After the
presumption has been rebutted, paternity of the child by another man may be determined
in the same action, if he has been made a party.
Sec. 2.
Minnesota Statutes 2016, section 257.57, subdivision 2, is amended to read:
Subd. 2.
Actions under other paragraphs of section 257.55, subdivision 1.
The child,
the mother, or personal representative of the child, the public authority chargeable by law
with the support of the child, the personal representative or a parent of the mother if the
mother has died or is a minor, a man alleged or alleging himself to be the father, or the
personal representative or a parent of the alleged father if the alleged father has died or is
a minor may bring an action:
(1) at any time for the purpose of declaring the existence of the father and child
relationship presumed under sections 257.55, subdivision 1, paragraph (d), (e), (g), or (h),
and 257.62, subdivision 5, paragraph (b)deleted text begin , or the nonexistence of the father and child
relationship presumed under section 257.55, subdivision 1, clause (d)deleted text end ;
(2) new text begin for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (d), only if the action is brought
within three years from when the presumed father began holding the child out as his own;
new text end
new text begin (3) new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is
brought within deleted text begin six monthsdeleted text end new text begin three yearsnew text end after the person bringing the action deleted text begin obtains the results
of blood or genetic tests that indicate that the presumed father is not the father of the childdeleted text end new text begin
has reason to believe that the presumed father is not the biological fathernew text end ;
deleted text begin (3)deleted text end new text begin (4)new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.62, subdivision 5, paragraph (b), only if the action is brought
within three years after the party bringing the action, or the party's attorney of record, has
been provided deleted text begin the blood ordeleted text end genetic test results; or
deleted text begin (4)deleted text end new text begin (5)new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.75, subdivision 9, only if the action is brought by the minor
signatory within deleted text begin six monthsdeleted text end new text begin three yearsnew text end after thenew text begin youngestnew text end minor signatory reaches the age
of 18new text begin or three years after the person bringing the action has reason to believe that the father
is not the biological father of the child, whichever is laternew text end . deleted text begin In the case of a recognition of
parentage executed by two minor signatories, the action to declare the nonexistence of the
father and child relationship must be brought within six months after the youngest signatory
reaches the age of 18.
deleted text end
Sec. 3.
Minnesota Statutes 2016, section 257.57, is amended by adding a subdivision to
read:
new text begin Subd. 7.new text end
new text begin Nonexistence of father-child relationship.new text end
new text begin (a) An action to declare the
nonexistence of the father-child relationship must be personally served on all parties and
meet the requirements of either subdivision 1 or 2. An action must be brought by a petition,
except that a motion may be filed in an underlying action regarding parentage, custody, or
parenting time.
new text end
new text begin (b) An action to declare the nonexistence of the father-child relationship cannot proceed
if the court finds that in a previous proceeding:
new text end
new text begin (1) the father-child relationship was contested and a court order determined the existence
of the father-child relationship; or
new text end
new text begin (2) the father-child relationship was determined based upon a court order as a result of
a stipulation or joint petition of the parties.
new text end
new text begin (c) Nothing in this subdivision precludes a party from relief under section 518.145,
subdivision 2, clauses (1) to (3), if applicable, or the Minnesota Rules of Civil Procedure.
new text end
new text begin (d) In evaluating whether or not to declare the nonexistence of the father-child
relationship, the court must consider, evaluate, and make written findings on the following
factors:
new text end
new text begin (1) the length of time between the paternity adjudication or presumption of paternity
and the time that the moving party knew or should have known that the presumed or
adjudicated father might not be the biological father;
new text end
new text begin (2) the length of time during which the presumed or adjudicated father has assumed the
role of father of the child;
new text end
new text begin (3) the facts surrounding the moving party's discovery of the presumed or adjudicated
father's possible nonpaternity;
new text end
new text begin (4) the nature of the relationship between the child and the presumed or adjudicated
father;
new text end
new text begin (5) the current age of the child;
new text end
new text begin (6) the harm or benefit that may result to the child if the court ends the father-child
relationship of the current presumed or adjudicated father;
new text end
new text begin (7) the nature of the relationship between the child and any presumed or adjudicated
father;
new text end
new text begin (8) the parties' agreement to the nonexistence of the father-child relationship and
adjudication of paternity in the same action;
new text end
new text begin (9) the extent to which the passage of time reduces the chances of establishing paternity
of another man and a child support order for that parent;
new text end
new text begin (10) the likelihood of adjudication of the biological father if not already joined in this
action; and
new text end
new text begin (11) any additional factors deemed to be relevant by the court.
new text end
new text begin (e) The burden of proof shall be on the petitioner to show by clear and convincing
evidence that, after consideration of the factors in paragraph (d), declaring the nonexistence
of the father-child relationship is in the child's best interests.
new text end
new text begin (f) The court may grant the relief in the petition or motion upon finding that:
new text end
new text begin (1) the moving party has met the requirements of this section;
new text end
new text begin (2) the genetic testing results were properly conducted in accordance with section 257.62;
new text end
new text begin (3) the presumed or adjudicated father has not adopted the child;
new text end
new text begin (4) the child was not conceived by artificial insemination that meets the requirements
under section 257.56 or that the presumed or adjudicated father voluntarily agreed to the
artificial insemination; and
new text end
new text begin (5) the presumed or adjudicated father did not act to prevent the biological father of the
child from asserting his parental rights with respect to the child.
new text end
new text begin (g) Upon granting the relief sought in the petition or motion, the court shall order the
following:
new text end
new text begin (1) the father-child relationship has ended and the presumed or adjudicated father's
parental rights and responsibilities end upon the granting of the petition;
new text end
new text begin (2) the presumed or adjudicated father's name shall be removed from the minor child's
birth record and a new birth certificate shall be issued upon the payment of any fees;
new text end
new text begin (3) the presumed or adjudicated father's obligation to pay ongoing child support shall
be terminated, effective on the first of the month after the petition or motion was served;
new text end
new text begin (4) any unpaid child support due prior to service of the petition or motion remains due
and owing absent an agreement of all parties including the public authority, or the court
determines other relief is appropriate under the Rules of Civil Procedure; and
new text end
new text begin (5) the presumed or adjudicated father has no right to reimbursement of past child support
paid to the mother, the public authority, or any other assignee of child support.
new text end
new text begin The order must include the provisions of section 257.66 if another party to the action is
adjudicated as the father of the child.
new text end
Sec. 4.
Minnesota Statutes 2016, section 257.75, subdivision 4, is amended to read:
Subd. 4.
Action to vacate recognition.
(a) An action to vacate a recognition of paternity
may be brought by the mother, father, husband or former husband who executed a joinder,
or the child. An action to vacate a recognition of parentage may be brought by the public
authority. A mother, father, or husband or former husband who executed a joinder must
bring the action within deleted text begin one year of the execution of the recognition or within six months
after the person bringing the action obtains the results of blood or genetic tests that indicate
that the man who executed the recognition is not the father of the childdeleted text end new text begin three years after the
person bringing the action has reason to believe that the father is not the biological father
of the childnew text end . A child must bring an action to vacate within deleted text begin six monthsdeleted text end new text begin three yearsnew text end after the
child deleted text begin obtains the result of blood or genetic tests that indicate thatdeleted text end new text begin has reason to believenew text end the
man who executed the recognition is not thenew text begin biologicalnew text end father of the child, or within one
year of reaching the age of majority, whichever is later. If the court finds a prima facie basis
for vacating the recognition, the court shall order the child, mother, father, and husband or
former husband who executed a joinder to submit to deleted text begin blooddeleted text end new text begin geneticnew text end tests. If the court issues
an order for the taking of deleted text begin blooddeleted text end new text begin geneticnew text end tests, the court shall require the party seeking to
vacate the recognition to make advance payment for the costs of the deleted text begin blooddeleted text end new text begin geneticnew text end testsnew text begin ,
unless the parties agree and the court finds that the previous genetic test results exclude the
man who executed the recognition as the biological father of the childnew text end . If the party fails to
pay for the costs of the deleted text begin blooddeleted text end new text begin geneticnew text end tests, the court shall dismiss the action to vacate with
prejudice. The court may also order the party seeking to vacate the recognition to pay the
other party's reasonable attorney fees, costs, and disbursements. If the results of the deleted text begin blooddeleted text end new text begin
geneticnew text end tests establish that the man who executed the recognition is not the father, the court
shall vacate the recognition. new text begin Notwithstanding the vacation of the recognition, the court may
adjudicate the man who executed the recognition under any other applicable paternity
presumption under section 257.55. new text end If a recognition is vacated, any joinder in the recognition
under subdivision 1a is also vacated. The court shall terminate the obligation of a party to
pay ongoing child support based on the recognition. A modification of child support based
on a recognition may be made retroactive with respect to any period during which the
moving party has pending a motion to vacate the recognition but only from the date of
service of notice of the motion on the responding party.
(b) The burden of proof in an action to vacate the recognition is on the moving party.
The moving party must request the vacation on the basis of fraud, duress, or material mistake
of fact. The legal responsibilities in existence at the time of an action to vacate, including
child support obligations, may not be suspended during the proceeding, except for good
cause shown.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018, and applies to recognition
of parentage signed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2016, section 357.021, subdivision 2b, is amended to read:
Subd. 2b.
Court technology fund.
(a) In addition to any other filing fee under this
chapter, the court administrator shall collect a $2 technology fee on filings made under
subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly to
the commissioner of management and budget for deposit in the court technology account
in the special revenue fund.
(b) A court technology account is established as a special account in the state treasury
and funds deposited in the account are appropriated to the Supreme Court for distribution
of technology funds as provided in paragraph (d). Technology funds may be used for the
following purposes: acquisition, development, support, maintenance, and upgrades to
computer systems, equipment and devices, network systems, electronic records, filings and
payment systems, interactive video teleconferencing, and online services, to be used by the
state courts and their justice partners.
(c) The Judicial Council may establish a board consisting of members from the judicial
branch, prosecutors, public defenders, corrections, and civil legal services to distribute funds
collected under paragraph (a). The Judicial Council may adopt policies and procedures for
the operation of the board, including but not limited to policies and procedures governing
membership terms, removal of members, and the filling of membership vacancies.
(d) Applications for the expenditure of technology funds shall be accepted from the
judicial branch, county and city attorney offices, the Board of Public Defense, qualified
legal services programs as defined under section 480.24, corrections agencies, and part-time
public defender offices. The applications shall be reviewed by the Judicial Council and, if
established, the board. In accordance with any recommendations from the board, the Judicial
Council shall distribute the funds available for this expenditure to selected recipients.
(e) By January 15, deleted text begin 2015deleted text end new text begin 2019, January 15, 2021, January 15, 2023new text end , and deleted text begin bydeleted text end January 15,
deleted text begin 2017deleted text end new text begin 2024new text end , the Judicial Council shall submit a report to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
judiciary finance providing an accounting on the amounts collected and expended in the
previous biennium, including a list of fund recipients, the amounts awarded to each recipient,
and the technology purpose funded.
(f) deleted text begin This subdivisiondeleted text end new text begin The fee collected under paragraph (a)new text end expires June 30, deleted text begin 2018deleted text end new text begin 2023new text end .new text begin
This subdivision expires December 31, 2023.
new text end
Sec. 6.
Minnesota Statutes 2016, section 518.145, subdivision 2, is amended to read:
Subd. 2.
Reopening.
On motion and upon terms as are just, the court may relieve a party
from a judgment and decree, order, or proceeding under this chapter, except for provisions
dissolving the bonds of marriage, annulling the marriage, or directing that the parties are
legally separated, and may order a new trial or grant other relief as may be just for the
following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence which by due diligence could not have been discovered
in time to move for a new trial under the Rules of Civil Procedure, rule 59.03;
(3) fraud, whether denominated intrinsic or extrinsic, misrepresentation, or other
misconduct of an adverse party;
(4) the judgment and decree or order is void; or
(5) the judgment has been satisfied, released, or discharged, or a prior judgment and
decree or order upon which it is based has been reversed or otherwise vacated, or it is no
longer equitable that the judgment and decree or order should have prospective application.
The motion must be made within a reasonable time, and for a reason under clause (1),
(2), or (3), new text begin other than a motion to declare the nonexistence of the father-child relationship,
new text end not more than one year after the judgment and decree, order, or proceeding was entered or
taken.new text begin An action to declare the nonexistence of the father-child relationship must be made
within a reasonable time under clause (1), (2), or (3), and not more than three years after
the person bringing the action has reason to believe that the father is not the father of the
child.new text end A motion under this subdivision does not affect the finality of a judgment and decree
or order or suspend its operation. This subdivision does not limit the power of a court to
entertain an independent action to relieve a party from a judgment and decree, order, or
proceeding or to grant relief to a party not actually personally notified as provided in the
Rules of Civil Procedure, or to set aside a judgment for fraud upon the court.
Sec. 7.
Minnesota Statutes 2016, section 590.11, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .
new text begin (a) new text end For purposes of this section, new text begin the following
terms have the meanings given.
new text end
new text begin (b)new text end "Exonerated" means that:
(1) a court deleted text begin of this statedeleted text end :
(i) vacated deleted text begin ordeleted text end new text begin ,new text end reversednew text begin , or set asidenew text end a judgment of conviction on grounds consistent with
innocence and new text begin there are no remaining felony charges in effect against the petitioner from
the same behavioral incident, or if there are remaining felony charges against the petitioner
from the same behavioral incident, new text end the prosecutor deleted text begin dismissed thedeleted text end new text begin dismisses those remaining
felonynew text end charges; or
(ii) ordered a new trial on grounds consistent with innocence and the prosecutor dismissed
deleted text begin the charges or the petitioner was found not guilty at the new trialdeleted text end new text begin all felony charges against
the petitioner arising from the same behavioral incident or the petitioner was found not
guilty of all felony charges arising from the same behavioral incident at the new trialnew text end ; deleted text begin and
deleted text end
(2) the time for appeal of the order resulting in exoneration has expired or the order has
been affirmed and is finaldeleted text begin .deleted text end new text begin ; and
new text end
new text begin (3) 60 days has passed since the judgment of conviction was reversed or vacated, and
the prosecutor has not filed any felony charges against the petitioner from the same behavioral
incident, or if the prosecutor did file felony charges against the petitioner from the same
behavioral incident, those felony charges were dismissed or the defendant was found not
guilty of those charges at the new trial.
new text end
new text begin (c) "On grounds consistent with innocence" means either:
new text end
new text begin (1) exonerated, through a pardon or sentence commutation, based on factual innocence;
or
new text end
new text begin (2) exonerated because the judgment of conviction was vacated or reversed, or a new
trial was ordered, and there is any evidence of factual innocence whether it was available
at the time of investigation or trial or is newly discovered evidence.
new text end
Sec. 8.
Minnesota Statutes 2016, section 590.11, subdivision 2, is amended to read:
Subd. 2.
Procedure.
A petition for an order declaring eligibility for compensation based
on exoneration under sections 611.362 to 611.368 must be brought before the district court
where the original conviction was obtained. The state must be represented by the office of
the prosecutor that obtained the conviction or the prosecutor's successor. Within 60 days
after the filing of the petition, the prosecutor must respond to the petition. A petition must
be brought within two years, but no less than 60 days after the petitioner is exonerated.
deleted text begin Persons released from custody after being exonerated before July 1, 2014, must commence
an action under this section within two years of July 1, 2014.deleted text end new text begin If, before July 1, 2018, a person
did not meet both requirements of Minnesota Statutes 2016, section 590.11, subdivision 1,
paragraph (b), clause (1), item (i), and did not file a petition or the petition was denied, that
person may commence an action meeting the requirements under section 7, subdivision 1,
paragraph (b), clause (1), item (i), on or after July 1, 2018, and before July 1, 2020.
new text end
Sec. 9.
Minnesota Statutes 2016, section 590.11, subdivision 5, is amended to read:
Subd. 5.
Elements.
(a) A claim for compensation arises if a person is eligible for
compensation under subdivision 3 and:
(1) the person was convicted of a felony and served any part of the imposed sentence
deleted text begin in prisondeleted text end ;
(2) in cases where the person was convicted of multiple charges arising out of the same
behavioral incident, the person was exonerated for all of those charges;
(3) the person did not commit or induce another person to commit perjury or fabricate
evidence to cause or bring about the conviction; and
(4) the person was not serving a term of deleted text begin imprisonmentdeleted text end new text begin incarcerationnew text end for another crime
at the same time, deleted text begin provided thatdeleted text end new text begin except:
new text end
new text begin (i)new text end if the person served additional time in prison due to the conviction that is the basis
of the claim, the person may make a claim for that portion of time served in prison during
which the person was serving no other sentencedeleted text begin .deleted text end new text begin ; or
new text end
new text begin (ii) if the person served additional executed sentences that had been previously stayed,
and the reason the additional stayed sentences were executed was due to the conviction that
is the basis for the claim.
new text end
(b) A claimant may make a claim only for that portion of time served in prison during
which the claimant was serving no other sentence new text begin unless the other sentence arose from the
circumstances described in paragraph (a), clause (4), item (ii)new text end .
(c) A confession or admission later found to be false or a guilty plea to a crime the
claimant did not commit does not constitute bringing about the claimant's conviction for
purposes of paragraph (a), clause (3).
Sec. 10.
Minnesota Statutes 2016, section 590.11, subdivision 7, is amended to read:
Subd. 7.
Order.
If, after considering all the files and records admitted and any evidence
admitted at a hearing held pursuant to subdivision 4, the court determines that the petitioner
is eligible for compensation, the court shall issue an order containing its findings and, if
applicable, indicate the portion of the term of deleted text begin imprisonmentdeleted text end new text begin incarcerationnew text end for which the
petitioner is entitled to make a claim. The court shall notify the petitioner of the right to file
a claim for compensation under sections 611.362 to 611.368 and provide the petitioner with
a copy of those sections. The petitioner must acknowledge receipt of the notice and a copy
of those sections in writing or on the record before the court.
Sec. 11.
Minnesota Statutes 2016, section 609.015, subdivision 1, is amended to read:
Subdivision 1.
Common law crimes abolished.
Common law crimes are abolished and
no act or omission is a crime unless made so by this chapter or by other applicable statutedeleted text begin ,
butdeleted text end new text begin .new text end This does not prevent the use of common law rules in the construction or interpretation
of the provisions of this chapter or other statutenew text begin except that a law reducing a sentence does
not apply to crimes committed prior to the date on which the change takes effect unless the
statute specifically states otherwisenew text end . Crimes committed prior to September 1, 1963, are not
affected thereby.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2016, section 611.365, subdivision 2, is amended to read:
Subd. 2.
Reimbursement; monetary damages; attorney fees.
(a) The claimant is
entitled to reimbursement for all restitution, assessments, fees, court costs, and other sums
paid by the claimant as required by the judgment and sentence. In addition, the claimant is
entitled to monetary damages of not less than $50,000 for each year of deleted text begin imprisonmentdeleted text end new text begin
incarcerationnew text end , and not less than $25,000 for each year served on supervised release or as a
registered predatory offender, to be prorated for partial years served. In calculatingnew text begin additionalnew text end
monetary damages, the panel shall consider:
(1) economic damages, including reasonable attorney fees, lost wages, reimbursement
for costs associated with the claimant's criminal defense;
(2) reimbursement for medical and dental expenses that the claimant already incurred
and future unpaid expenses expected to be incurred as a result of the claimant's deleted text begin imprisonmentdeleted text end new text begin
incarcerationnew text end ;
(3) noneconomic damages for personal physical injuries or sickness and any nonphysical
injuries or sickness incurred as a result of deleted text begin imprisonmentdeleted text end new text begin incarcerationnew text end ;
(4) reimbursement for any tuition and fees paid for each semester successfully completed
by the claimant in an educational program or for employment skills and development training,
up to the equivalent value of a four-year degree at a public university, and reasonable
payment for future unpaid costs for education and training, not to exceed the anticipated
cost of a four-year degree at a public university;
(5) reimbursement for paid or unpaid child support payments owed by the claimant that
became due, and interest on child support arrearages that accrued, during the time served
in prison provided that there shall be no reimbursement for any child support payments
already owed before the claimant's incarceration; and
(6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for
immediate services secured by the claimant upon exoneration and release, including housing,
transportation and subsistence, reintegrative services, and medical and dental health care
costs.
(b) The panel shall award the claimant reasonable attorney fees incurred in bringing a
claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for
compensation based on exoneration under chapter 590.
Sec. 13.
Minnesota Statutes 2016, section 611.365, subdivision 3, is amended to read:
Subd. 3.
Limits on damages.
There is no limit on the aggregate amount of damages
that may be awarded under this section. Damages that may be awarded under subdivision
2, paragraph (a), clauses (1) and (4) to (6), are limited to $100,000 per year of deleted text begin imprisonmentdeleted text end new text begin
incarcerationnew text end and $50,000 per year served on supervised release or as a registered predatory
offender.
Sec. 14.
Minnesota Statutes 2016, section 611.367, is amended to read:
611.367 COMPENSATING EXONERATED PERSONS; APPROPRIATIONS
PROCESS.
The compensation panel established in section 611.363 shall forward an award of damages
under section 611.365 to the commissioner of management and budget. The commissioner
shall submit the amount of the award to the legislature for consideration as an appropriationdeleted text begin
during the next session of the legislaturedeleted text end .
Sec. 15.
Minnesota Statutes 2016, section 611.368, is amended to read:
611.368 SHORT TITLE.
Sections 611.362 to 611.368 shall be cited as the "deleted text begin Imprisonmentdeleted text end new text begin Incarcerationnew text end and
Exoneration Remedies Act."
Sec. 16.
Minnesota Statutes 2016, section 626A.08, subdivision 2, is amended to read:
Subd. 2.
Application and orders.
new text begin (a) new text end Applications made and warrants issued under this
chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever
the judge directs. Such applications and orders shall be disclosed only upon a showing of
good cause before a judge of the district court and shall not be destroyed except on order
of the issuing or denying judge, and in any event shall be kept for ten years.
new text begin (b) Notwithstanding paragraph (a), the filing, sealing, and reporting requirements for
applications made and warrants issued under this chapter that involve location information
of electronic devices, as defined in section 626A.42, are governed by section 626A.42,
subdivision 4. However, applications and warrants, or portions of applications and warrants,
that do not involve location information of electronic devices continue to be governed by
paragraph (a).
new text end
Sec. 17.
Minnesota Statutes 2016, section 626A.37, subdivision 4, is amended to read:
Subd. 4.
Nondisclosure of existence of pen register, trap and trace device, or mobile
tracking device.
new text begin (a) new text end An order authorizing or approving the installation and use of a pen
register, trap and trace device, or a mobile tracking device must direct that:
(1) the order be sealed until otherwise ordered by the court; and
(2) the person owning or leasing the line to which the pen register or a trap and trace
device is attached, or who has been ordered by the court to provide assistance to the applicant,
not disclose the existence of the pen register, trap and trace device, mobile tracking device,
or the existence of the investigation to the listed subscriber, or to any other person, unless
or until otherwise ordered by the court.
new text begin (b) Paragraph (a) does not apply to an order that involves location information of
electronic devices, as defined in section 626A.42. Instead, the filing, sealing, and reporting
requirements for those orders are governed by section 626A.42, subdivision 4. However,
any portion of an order that does not involve location information of electronic devices
continues to be governed by paragraph (a).
new text end
ARTICLE 30
PUBLIC SAFETY, CORRECTIONS, AND GENERAL CRIME
Section 1.
Minnesota Statutes 2016, section 171.24, is amended to read:
171.24 VIOLATIONS; DRIVING WITHOUT VALID LICENSE.
Subdivision 1.
Driving after suspension; misdemeanor.
Except as otherwise provided
in subdivision 5, a person is guilty of a misdemeanor if:
(1) the person's driver's license or driving privilege has been suspended;
(2) the person has been given notice of or reasonably should know of the suspension;
and
(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
suspended.
Subd. 2.
Driving after revocation; misdemeanor.
new text begin Except as otherwise provided in
subdivision 5, new text end a person is guilty of a misdemeanor if:
(1) the person's driver's license or driving privilege has been revoked;
(2) the person has been given notice of or reasonably should know of the revocation;
and
(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
revoked.
Subd. 3.
Driving after cancellation; misdemeanor.
new text begin Except as otherwise provided in
subdivision 5, new text end a person is guilty of a misdemeanor if:
(1) the person's driver's license or driving privilege has been canceled;
(2) the person has been given notice of or reasonably should know of the cancellation;
and
(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
canceled.
Subd. 4.
Driving after disqualification; misdemeanor.
new text begin Except as otherwise provided
in subdivision 5, new text end a person is guilty of a misdemeanor if the person:
(1) has been disqualified from holding a commercial driver's license or been denied the
privilege to operate a commercial motor vehicle;
(2) has been given notice of or reasonably should know of the disqualification; and
(3) disobeys the order by operating in this state a commercial motor vehicle while the
person is disqualified to hold the license or privilege.
Subd. 5.
Gross misdemeanornew text begin violationsnew text end .
new text begin (a) new text end A person is guilty of a gross misdemeanor
if:
(1) the person's driver's license or driving privilege has been canceled or denied under
section 171.04, subdivision 1, clause (10);
(2) the person has been given notice of or reasonably should know of the cancellation
or denial; and
(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
canceled or denied.
new text begin (b) A person is guilty of a gross misdemeanor if the person:
new text end
new text begin (1) violates this section;
new text end
new text begin (i) and causes a collision resulting in substantial bodily harm, as defined in section
609.02, subdivision 7a, or death to another; or
new text end
new text begin (ii) within ten years of the first of two prior convictions under this section; and
new text end
new text begin (2) at the time of the violation the person's driver's license or driving privilege has been
suspended, revoked, or canceled, or the person has been disqualified from holding a
commercial driver's license or been denied the privilege to operate a commercial motor
vehicle, pursuant to:
new text end
new text begin (i) section 169.89, subdivision 5; 169A.52; 169A.54; 171.05, subdivision 2b, paragraph
(d); 171.13, subdivision 3 or 4; 171.17, subdivision 1, clause (1) or (10); 171.177; 171.18,
subdivision 1, clause (2), (3), (4), (5), or (11); 171.32; or 260B.225, subdivision 9; or a
violation of section 169.13; 169.21; 169.444; 609.19, subdivision 1, clause (2); or 609.487,
subdivisions 3 to 5; or any violation of chapter 169A; or
new text end
new text begin (ii) a law from another state similar to those described in item (i).
new text end
Subd. 6.
Responsibility for prosecution.
new text begin (a) new text end The attorney in the jurisdiction in which
the violation occurred who is responsible for prosecution of misdemeanor violations of this
section is also responsible for prosecution of gross misdemeanor violations of this section.
new text begin (b) Nothing in this section or section 609.035 or 609.04 shall limit the power of the state
to prosecute or punish a person for conduct that constitutes any other crime under any other
law of this state.
new text end
Subd. 7.
Sufficiency of notice.
(a) Notice of revocation, suspension, cancellation, or
disqualification is sufficient if personally served, or if mailed by first class mail to the
person's last known address or to the address listed on the person's driver's license. Notice
is also sufficient if the person was informed that revocation, suspension, cancellation, or
disqualification would be imposed upon a condition occurring or failing to occur, and where
the condition has in fact occurred or failed to occur.
(b) It is not a defense that a person failed to file a change of address with the post office,
or failed to notify the Department of Public Safety of a change of name or address as required
under section 171.11.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 2, is amended
to read:
Subd. 2.
Cancellation for disqualifying and other offenses.
Within ten days of receiving
notice under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident
driver, that a school bus driver has been convicted ofnew text begin , or received a stay of adjudication for,new text end
a disqualifying offense, the commissioner shall permanently cancel the school bus driver's
endorsement on the offender's driver's license and in the case of a nonresident, the driver's
privilege to operate a school bus in Minnesota. A school bus driver whose endorsement or
privilege to operate a school bus in Minnesota has been permanently canceled may not
apply for reinstatement. Within ten days of receiving notice under section 631.40, subdivision
1a, or otherwise receiving notice for a nonresident driver, that a school bus driver has been
convicted of a violation of section 169A.20, or a similar statute or ordinance from another
state, and within ten days of revoking a school bus driver's license under section 169A.52
or 171.177, the commissioner shall cancel the school bus driver's endorsement on the
offender's driver's license or the nonresident's privilege to operate a school bus in Minnesota
for five years. After five years, a school bus driver may apply to the commissioner for
reinstatement. Even after five years, cancellation of a school bus driver's endorsement or a
nonresident's privilege to operate a school bus in Minnesota for a violation under section
169A.20, sections 169A.50 to 169A.53, section 171.177, or a similar statute or ordinance
from another state, shall remain in effect until the driver provides proof of successful
completion of an alcohol or controlled substance treatment program. For a first offense,
proof of completion is required only if treatment was ordered as part of a chemical use
assessment. Within ten days of receiving notice under section 631.40, subdivision 1a, or
otherwise receiving notice for a nonresident driver, that a school bus driver has been
convicted of a fourth moving violation in the last three years, the commissioner shall cancel
the school bus driver's endorsement on the offender's driver's license or the nonresident's
privilege to operate a school bus in Minnesota until one year has elapsed since the last
conviction. A school bus driver who has no new convictions after one year may apply for
reinstatement. Upon canceling the offender's school bus driver's endorsement, the
commissioner shall immediately notify the licensed offender of the cancellation in writing,
by depositing in the United States post office a notice addressed to the licensed offender at
the licensed offender's last known address, with postage prepaid thereon.
Sec. 3.
Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 3, is amended
to read:
Subd. 3.
Background check.
Before issuing or renewing a driver's license with a school
bus driver's endorsement, the commissioner shall conduct an investigation to determine if
the applicant has been convicted ofnew text begin , or received a stay of adjudication for,new text end committing a
disqualifying offense, four moving violations in the previous three years, a violation of
section 169A.20 or a similar statute or ordinance from another state, a gross misdemeanor,
or if the applicant's driver's license has been revoked under section 169A.52 or 171.177.
The commissioner shall not issue a new bus driver's endorsement and shall not renew an
existing bus driver's endorsement if the applicant has been convicted of committing a
disqualifying offense. The commissioner shall not issue a new bus driver's endorsement
and shall not renew an existing bus driver's endorsement if, within the previous five years,
the applicant has been convicted of committing a violation of section 169A.20, or a similar
statute or ordinance from another state, a gross misdemeanor, or if the applicant's driver's
license has been revoked under section 169A.52 or 171.177, or if, within the previous three
years, the applicant has been convicted of four moving violations. An applicant who has
been convicted of violating section 169A.20, or a similar statute or ordinance from another
state, or who has had a license revocation under section 169A.52 or 171.177 within the
previous ten years must show proof of successful completion of an alcohol or controlled
substance treatment program in order to receive a bus driver's endorsement. For a first
offense, proof of completion is required only if treatment was ordered as part of a chemical
use assessment. A school district or contractor that employs a nonresident school bus driver
must conduct a background check of the employee's driving record and criminal history in
both Minnesota and the driver's state of residence. Convictions for disqualifying offenses,
gross misdemeanors, a fourth moving violation within the previous three years, or violations
of section 169A.20, or a similar statute or ordinance in another state, must be reported to
the Department of Public Safety.
Sec. 4.
Minnesota Statutes 2016, section 242.192, is amended to read:
242.192 CHARGES TO COUNTIES.
The commissioner shall charge counties or other appropriate jurisdictions 65 percent of
the per diem cost of confinement, excluding educational costs and nonbillable service, of
juveniles at the Minnesota Correctional Facility-Red Wing and of juvenile females committed
to the commissioner of corrections. This charge applies to juveniles committed to the
commissioner of corrections and juveniles admitted to the Minnesota Correctional
Facility-Red Wing under established admissions criteria. This charge applies to both counties
that participate in the Community Corrections Act and those that do not. The commissioner
shall determine the per diem cost of confinement based on projected population, pricing
incentives, new text begin and new text end market conditionsdeleted text begin , and the requirement that expense and revenue balance
out over a period of two yearsdeleted text end . All money received under this section must be deposited in
the state treasury and credited to the general fund.
Sec. 5.
Minnesota Statutes 2016, section 299A.707, is amended by adding a subdivision
to read:
new text begin Subd. 6.new text end
new text begin Annual transfer.new text end
new text begin In fiscal year 2018 and each year thereafter, the commissioner
of management and budget shall transfer $461,000 from the general fund to the community
justice reinvestment account.
new text end
Sec. 6.
Minnesota Statutes 2016, section 626.8452, is amended by adding a subdivision
to read:
new text begin Subd. 6.new text end
new text begin Prohibition on disarming local law enforcement officers.new text end
new text begin Unless expressly
authorized under another section of law, a mayor, city council, county board, or chief law
enforcement officer may not disarm a peace officer who is in good standing and not currently
under investigation or subject to disciplinary action.
new text end
Sec. 7.
Minnesota Statutes 2016, section 631.40, subdivision 1a, is amended to read:
Subd. 1a.
Certified copy of disqualifying offense convictions sent to public safety
and school districts.
When a person is convicted ofnew text begin , or receives a stay of adjudication for, new text end
committing a disqualifying offense, as defined in section 171.3215, subdivision 1, a gross
misdemeanor, a fourth moving violation within the previous three years, or a violation of
section 169A.20, or a similar statute or ordinance from another state, the court shall determine
whether the offender is a school bus driver as defined in section 171.3215, subdivision 1,
whether the offender possesses a school bus driver's endorsement on the offender's driver's
license and in what school districts the offender drives a school bus. If the offender is a
school bus driver or possesses a school bus driver's endorsement, the court administrator
shall send a certified copy of the conviction new text begin or stay of adjudication new text end to the Department of
Public Safety and to the school districts in which the offender drives a school bus within
ten days after the convictionnew text begin or stay of adjudicationnew text end .
Sec. 8. new text begin TASK FORCE ON MISSING AND MURDERED INDIGENOUS WOMEN.
new text end
new text begin Subdivision 1.new text end
new text begin Creation and duties.new text end
new text begin (a) By September 1, 2018, the commissioner, in
consultation with the Minnesota Indian Affairs Council, shall appoint members to the Task
Force on Missing and Murdered Indigenous Women to advise the commissioner and report
to the legislature on recommendations to reduce and end violence against indigenous women
and girls in Minnesota. The task force shall also serve as a liaison between the commissioner
and agencies and nongovernmental organizations that provide services to victims, victims'
families, and victims' communities. Task force members may receive expense reimbursement
as specified in Minnesota Statutes, section 15.059, subdivision 6.
new text end
new text begin (b) The Task Force on Missing and Murdered Indigenous Women must examine and
report on the following:
new text end
new text begin (1) the systemic causes behind violence that indigenous women and girls experience,
including patterns and underlying factors that explain why disproportionately high levels
of violence occur against indigenous women and girls, including underlying historical,
social, economic, institutional, and cultural factors which may contribute to the violence;
new text end
new text begin (2) appropriate methods for tracking and collecting data on violence against indigenous
women and girls, including data on missing and murdered indigenous women and girls;
new text end
new text begin (3) policies and institutions such as policing, child welfare, coroner practices, and other
governmental practices that impact violence against indigenous women and girls and the
investigation and prosecution of crimes of gender violence against indigenous people;
new text end
new text begin (4) measures necessary to address and reduce violence against indigenous women and
girls; and
new text end
new text begin (5) measures to help victims, victims' families, and victims' communities prevent and
heal from violence that occurs against indigenous women and girls.
new text end
new text begin (c) For the purposes of this section, "commissioner" means the commissioner of public
safety and "nongovernmental organizations" means nonprofit, nongovernmental organizations
that provide legal, social, or other community services.
new text end
new text begin Subd. 2.new text end
new text begin Membership.new text end
new text begin (a) To the extent practicable, the Task Force on Missing and
Murdered Indigenous Women shall consist of the following individuals, or their designees,
who are knowledgeable in crime victims' rights or violence protection and, unless otherwise
specified, members shall be appointed by the commissioner:
new text end
new text begin (1) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end
new text begin (2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end
new text begin (3) two representatives from among the following:
new text end
new text begin (i) the Minnesota Chiefs of Police Association;
new text end
new text begin (ii) the Minnesota Sheriffs' Association;
new text end
new text begin (iii) the Bureau of Criminal Apprehension;
new text end
new text begin (iv) the Minnesota Police and Peace Officers Association; or
new text end
new text begin (v) a peace officer who works for and resides on a federally recognized American Indian
reservation in Minnesota;
new text end
new text begin (4) a representative from among the following:
new text end
new text begin (i) the Minnesota County Attorneys Association;
new text end
new text begin (ii) the United States Attorney's Office; or
new text end
new text begin (iii) a judge or attorney working in juvenile court;
new text end
new text begin (5) a county coroner or a representative from a statewide coroner's association or a
representative of the Department of Health;
new text end
new text begin (6) two representatives for tribal governments, with a focus on individuals who work
with victims of violence or their families; and
new text end
new text begin (7) four representatives from among the following:
new text end
new text begin (i) a tribal, statewide, or local organization that provides legal services to indigenous
women and girls;
new text end
new text begin (ii) a tribal, statewide, or local organization that provides advocacy or counseling for
indigenous women and girls who have been victims of violence;
new text end
new text begin (iii) a tribal, statewide, or local organization that provides services to indigenous women
and girls;
new text end
new text begin (iv) a representative from the Minnesota Indian Women's Sexual Assault Coalition;
new text end
new text begin (v) a representative from Mending the Sacred Hoop;
new text end
new text begin (vi) a representative from an Indian health organization or agency; or
new text end
new text begin (vii) an indigenous woman who is a survivor of gender violence.
new text end
new text begin (b) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the commissioner consistent with the
qualifications of the vacating member required by this subdivision.
new text end
new text begin Subd. 3.new text end
new text begin Officers; meetings.new text end
new text begin (a) The task force shall be chaired by one of the task force's
legislative members. The legislative members shall annually elect a chair and vice-chair
from among the task force's legislative members, and may elect other officers as necessary.
The task force shall meet at least quarterly, or upon the call of its chair. The task force shall
meet sufficiently enough to accomplish the tasks identified in this section. Meetings of the
task force are subject to Minnesota Statutes, chapter 13D. The task force shall seek out and
enlist the cooperation and assistance of nongovernmental organizations, community and
advocacy organizations working with the American Indian community, and academic
researchers and experts, specifically those specializing in violence against indigenous women
and girls, representing diverse communities disproportionately affected by violence against
women and girls, or focusing on issues related to gender violence and violence against
indigenous women and girls.
new text end
new text begin (b) The commissioner shall convene the first meeting of the task force no later than
October 1, 2018, and shall provide meeting space and administrative assistance as necessary
for the task force to conduct its work.
new text end
new text begin Subd. 4.new text end
new text begin Report.new text end
new text begin The task force shall report to the chairs and ranking minority members
of the legislative committees with jurisdiction over public safety, human services, and state
government on the work of the task force, including but not limited to the issues to be
examined in subdivision 1, and shall include in the report institutional policies and practices
or proposed institutional policies and practices that are effective in reducing gender violence
and increasing the safety of indigenous women and girls. The report shall include
recommendations to reduce and end violence against indigenous women and girls and help
victims and communities heal from gender violence and violence against indigenous women
and girls. The report shall be submitted to the legislative committees by June 30, 2020.
new text end
new text begin Subd. 5.new text end
new text begin Expiration.new text end
new text begin Notwithstanding Minnesota Statutes, section 15.059, the task force
expires June 30, 2020.
new text end
Sec. 9. new text begin SUPERSEDING AMENDMENT.
new text end
new text begin The amendment to Minnesota Statutes, section 631.40, subdivision 1a, in section 7
supersedes any other amendment to Minnesota Statutes, section 631.40, subdivision 1a,
enacted in this act.
new text end
Sec. 10. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin The revisor of statutes shall make necessary cross-reference changes in Minnesota
Statutes and Minnesota Rules resulting from the amendments to Minnesota Statutes, sections
609.2112, subdivision 1, and 609.2114, subdivision 1, in Laws 2016, chapter 109.
new text end
Sec. 11. new text begin REPEALER.
new text end
new text begin Minnesota Statutes 2016, section 401.13,new text end new text begin is repealed.
new text end
ARTICLE 31
SEX OFFENDERS
Section 1.
Minnesota Statutes 2016, section 260.012, is amended to read:
260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.
(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
services, by the social services agency are made to prevent placement or to eliminate the
need for removal and to reunite the child with the child's family at the earliest possible time,
and the court must ensure that the responsible social services agency makes reasonable
efforts to finalize an alternative permanent plan for the child as provided in paragraph (e).
In determining reasonable efforts to be made with respect to a child and in making those
reasonable efforts, the child's best interests, health, and safety must be of paramount concern.
Reasonable efforts to prevent placement and for rehabilitation and reunification are always
required except upon a determination by the court that a petition has been filed stating a
prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;
(2) the parental rights of the parent to another child have been terminated involuntarily;
(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);
(4) the parent's custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d),
clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;
(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
against the child or another child of the parent;
(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or
(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable under the circumstances.
(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section 260C.505, or a termination of parental rights
petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under
sections 260C.503 to 260C.521 must be held within 30 days of this determination.
(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178,
260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court
must make findings and conclusions consistent with the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In
cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901, the responsible social services agency must provide active efforts as required under
United States Code, title 25, section 1911(d).
(d) "Reasonable efforts to prevent placement" means:
(1) the agency has made reasonable efforts to prevent the placement of the child in foster
care by working with the family to develop and implement a safety plan; or
(2) given the particular circumstances of the child and family at the time of the child's
removal, there are no services or efforts available which could allow the child to safely
remain in the home.
(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence
by the responsible social services agency to:
(1) reunify the child with the parent or guardian from whom the child was removed;
(2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
where appropriate, provide services necessary to enable the noncustodial parent to safely
provide the care, as required by section 260C.219;
(3) conduct a relative search to identify and provide notice to adult relatives as required
under section 260C.221;
(4) place siblings removed from their home in the same home for foster care or adoption,
or transfer permanent legal and physical custody to a relative. Visitation between siblings
who are not in the same foster care, adoption, or custodial placement or facility shall be
consistent with section 260C.212, subdivision 2; and
(5) when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the child,
and considers permanent alternative homes for the child inside or outside of the state,
preferably through adoption or transfer of permanent legal and physical custody of the child.
(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the needs
of the child and the child's family. Services may include those provided by the responsible
social services agency and other culturally appropriate services available in the community.
At each stage of the proceedings where the court is required to review the appropriateness
of the responsible social services agency's reasonable efforts as described in paragraphs (a),
(d), and (e), the social services agency has the burden of demonstrating that:
(1) it has made reasonable efforts to prevent placement of the child in foster care;
(2) it has made reasonable efforts to eliminate the need for removal of the child from
the child's home and to reunify the child with the child's family at the earliest possible time;
(3) it has made reasonable efforts to finalize an alternative permanent home for the child,
and considers permanent alternative homes for the child inside or outside of the state; or
(4) reasonable efforts to prevent placement and to reunify the child with the parent or
guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
efforts to reunify the parent and child, or through testimony or a certified report required
under juvenile court rules.
(g) Once the court determines that reasonable efforts for reunification are not required
because the court has made one of the prima facie determinations under paragraph (a), the
court may only require reasonable efforts for reunification after a hearing according to
section 260C.163, where the court finds there is not clear and convincing evidence of the
facts upon which the court based its prima facie determination. In this case when there is
clear and convincing evidence that the child is in need of protection or services, the court
may find the child in need of protection or services and order any of the dispositions available
under section 260C.201, subdivision 1. Reunification of a child with a parent is not required
if the parent has been convicted of:
(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185
to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;
(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;
(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;
(4) committing new text begin an offense that constitutesnew text end sexual abuse as defined in section 626.556,
subdivision 2, against the child or another child of the parent; or
(5) an offense that requires registration as a predatory offender under section 243.166,
subdivision 1b, paragraph (a) or (b).
new text begin Reunification is also not required when a parent receives a stay of adjudication pursuant to
section 609.095, paragraph (b), for an offense that constitutes sexual abuse under clause
(4).
new text end
(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201,
260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and
conclusions as to the provision of reasonable efforts. When determining whether reasonable
efforts have been made, the court shall consider whether services to the child and family
were:
(1) relevant to the safety and protection of the child;
(2) adequate to meet the needs of the child and family;
(3) culturally appropriate;
(4) available and accessible;
(5) consistent and timely; and
(6) realistic under the circumstances.
In the alternative, the court may determine that provision of services or further services
for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances
or that reasonable efforts are not required as provided in paragraph (a).
(i) This section does not prevent out-of-home placement for treatment of a child with a
mental disability when it is determined to be medically necessary as a result of the child's
diagnostic assessment or individual treatment plan indicates that appropriate and necessary
treatment cannot be effectively provided outside of a residential or inpatient treatment
program and the level or intensity of supervision and treatment cannot be effectively and
safely provided in the child's home or community and it is determined that a residential
treatment setting is the least restrictive setting that is appropriate to the needs of the child.
(j) If continuation of reasonable efforts to prevent placement or reunify the child with
the parent or guardian from whom the child was removed is determined by the court to be
inconsistent with the permanent plan for the child or upon the court making one of the prima
facie determinations under paragraph (a), reasonable efforts must be made to place the child
in a timely manner in a safe and permanent home and to complete whatever steps are
necessary to legally finalize the permanent placement of the child.
(k) Reasonable efforts to place a child for adoption or in another permanent placement
may be made concurrently with reasonable efforts to prevent placement or to reunify the
child with the parent or guardian from whom the child was removed. When the responsible
social services agency decides to concurrently make reasonable efforts for both reunification
and permanent placement away from the parent under paragraph (a), the agency shall disclose
its decision and both plans for concurrent reasonable efforts to all parties and the court.
When the agency discloses its decision to proceed on both plans for reunification and
permanent placement away from the parent, the court's review of the agency's reasonable
efforts shall include the agency's efforts under both plans.
Sec. 2.
Minnesota Statutes 2016, section 609.095, is amended to read:
609.095 LIMITS OF SENTENCES.
(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence or
punishment shall be imposed for the commission of a crime than is authorized by this chapter
or other applicable law.
(b) Except as provided in section 152.18 or 609.375, or upon agreement of the parties,
a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty plea in
accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been found
guilty by a court or jury following a trial.new text begin A decision by the court to issue a stay of
adjudication under this paragraph for a charge of violating section 243.166, 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 609.3453, must be justified in writing and
on the record.
new text end
(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2016, section 609.341, subdivision 10, is amended to read:
Subd. 10.
new text begin Current or recent new text end position of authority.
"new text begin Current or recent new text end position of
authority" includes but is not limited to any person who is a parent or acting in the place of
a parent and charged withnew text begin or assumesnew text end any of a parent's rights, duties or responsibilities to
a child, or a person who is charged withnew text begin or assumesnew text end any duty or responsibility for the health,
welfare, or supervision of a child, either independently or through another, no matter how
brief, at the time ofnew text begin or within 120 days immediately precedingnew text end the act. For the purposes of
subdivision 11, "position of authority" includes a psychotherapist.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2016, section 609.342, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual penetration with another
person, or in sexual contact with a person under 13 years of age as defined in section 609.341,
subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the first degree if any
of the following circumstances exists:
(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(b) the complainant is at least 13 years of age but less than 16 years of age and the actor
is more than 48 months older than the complainant and in anew text begin current or recentnew text end position of
authority over the complainant. Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;
(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:
(i) the actor uses force or coercion to accomplish sexual penetration; or
(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(f) the actor is aided or abetted by one or more accomplices within the meaning of section
609.05, and either of the following circumstances exists:
(i) an accomplice uses force or coercion to cause the complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;
(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual penetration. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense; or
(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2016, section 609.343, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual contact with another
person is guilty of criminal sexual conduct in the second degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this clause, the state is not required to
prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant and in anew text begin current or recentnew text end position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(c) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the dangerous weapon to cause the complainant to submit;
(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:
(i) the actor uses force or coercion to accomplish the sexual contact; or
(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(f) the actor is aided or abetted by one or more accomplices within the meaning of section
609.05, and either of the following circumstances exists:
(i) an accomplice uses force or coercion to cause the complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;
(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense; or
(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2016, section 609.344, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual penetration with another
person is guilty of criminal sexual conduct in the third degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
24 months older than the complainant. In any such case if the actor is no more than 120
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. Consent by the complainant is not a defense;
(c) the actor uses force or coercion to accomplish the penetration;
(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
48 months older than the complainant and in anew text begin current or recentnew text end position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;
(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual penetration occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
(k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;
(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
(i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the actor
in private; or
(ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;
(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant. Consent
by the complainant is not a defense; deleted text begin or
deleted text end
(o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those services
for the complainantnew text begin ; or
new text end
new text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense. This paragraph
does not apply to any penetration of the mouth, genitals, or anus during a lawful searchnew text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2016, section 609.345, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual contact with another
person is guilty of criminal sexual conduct in the fourth degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant or in anew text begin current or recentnew text end position of authority over
the complainant. Consent by the complainant to the act is not a defense. In any such case,
if the actor is no more than 120 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense;
(c) the actor uses force or coercion to accomplish the sexual contact;
(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
48 months older than the complainant and in anew text begin current or recentnew text end position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to
the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;
(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual contact occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual contact occurred by means of therapeutic deception. Consent by the complainant
is not a defense;
(k) the actor accomplishes the sexual contact by means of deception or false representation
that the contact is for a bona fide medical purpose. Consent by the complainant is not a
defense;
(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
(i) the sexual contact occurred during the course of a meeting in which the complainant
sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual contact occurred during a period of time in which the complainant was
meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;
(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, deleted text begin the complainant is not
married to the actor,deleted text end and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense; deleted text begin or
deleted text end
(o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual contact occurred during or immediately
before or after the actor performed or was hired to perform one of those services for the
complainantnew text begin ; or
new text end
new text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defensenew text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2016, section 609.3451, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person is guilty of criminal sexual conduct in the fifth
degree:
(1) if the person engages in nonconsensual sexual contact; or
(2) the person engages in masturbation or lewd exhibition of the genitals in the presence
of a minor under the age of 16, knowing or having reason to know the minor is present.
For purposes of this section, "sexual contact" has the meaning given in section 609.341,
subdivision 11, paragraph (a), clauses (i), (iv), and (v)deleted text begin , but does not include the intentional
touching of the clothing covering the immediate area of the buttocksdeleted text end . Sexual contact also
includes the intentional removal or attempted removal of clothing covering the complainant's
intimate parts or undergarments, and the nonconsensual touching by the complainant of the
actor's intimate parts, effected by the actor, if the action is performed with sexual or
aggressive intent.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2016, section 609.746, subdivision 1, is amended to read:
Subdivision 1.
Surreptitious intrusion; observation device.
(a) A person is guilty of
a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house
or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(b) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or any other aperture of
a house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(c) A person is guilty of a gross misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping
room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy and has exposed or is
likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the
clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(d) A person is guilty of a gross misdemeanor who:
(1) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or
other place where a reasonable person would have an expectation of privacy and has exposed
or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or
the clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(e) A person is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $5,000, or both, if the person:
(1) violates this subdivision after a previous conviction under this subdivision or section
609.749; or
(2) violates this subdivision against a minor under the age of 18, knowing or having
reason to know that the minor is present.
(f) new text begin A person is guilty of a felony and may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person
violates paragraph (b) or (d) against a minor victim under the age of 18; (2) the person is
more than 36 months older than the minor victim; (3) the person knows or has reason to
know that the minor victim is present; and (4) the violation is committed with sexual intent.
new text end
new text begin (g) new text end Paragraphs (b) and (d) do not apply to law enforcement officers or corrections
investigators, or to those acting under their direction, while engaged in the performance of
their lawful duties. Paragraphs (c) and (d) do not apply to conduct in: (1) a medical facility;
or (2) a commercial establishment if the owner of the establishment has posted conspicuous
signs warning that the premises are under surveillance by the owner or the owner's employees.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2016, section 617.246, subdivision 2, is amended to read:
Subd. 2.
Use of minor.
new text begin (a) new text end It is unlawful for a person to promote, employ, use or permit
a minor to engage in or assist others to engage minors in posing or modeling alone or with
others in any sexual performance or pornographic work if the person knows or has reason
to know that the conduct intended is a sexual performance or a pornographic work.
Any person who violates this deleted text begin subdivisiondeleted text end new text begin paragraph new text end is guilty of a felony and may be
sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000 deleted text begin for the first offense and $40,000 for a second or subsequent offensedeleted text end , or both.
new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
new text end
new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end
new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin (3) the violation involved a minor under the age of 13 years.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2016, section 617.246, subdivision 3, is amended to read:
Subd. 3.
Operation or ownership of business.
new text begin (a) new text end A person who owns or operates a
business in which a pornographic work, as defined in this section, is disseminated to an
adult or a minor or is reproduced, and who knows the content and character of the
pornographic work disseminated or reproduced, is guilty of a felony and may be sentenced
to imprisonment for not more than ten years, or to payment of a fine of not more than
$20,000 deleted text begin for the first offense and $40,000 for a second or subsequent offensedeleted text end , or both.
new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
new text end
new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end
new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin (3) the violation involved a minor under the age of 13 years.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2016, section 617.246, subdivision 4, is amended to read:
Subd. 4.
Dissemination.
new text begin (a) new text end A person who, knowing or with reason to know its content
and character, disseminates for profit to an adult or a minor a pornographic work, as defined
in this section, is guilty of a felony and may be sentenced to imprisonment for not more
than ten years, or to payment of a fine of not more than $20,000 deleted text begin for the first offense and
$40,000 for a second or subsequent offensedeleted text end , or both.
new text begin (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
new text end
new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end
new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin (3) the violation involved a minor under the age of 13 years.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2016, section 617.246, subdivision 7, is amended to read:
Subd. 7.
Conditional release term.
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for deleted text begin tendeleted text end
new text begin 15 new text end years. The terms of conditional release are governed by section 609.3455, subdivision
8.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2016, section 617.247, subdivision 3, is amended to read:
Subd. 3.
Dissemination prohibited.
(a) A person who disseminates pornographic work
to an adult or a minor, knowing or with reason to know its content and character, is guilty
of a felony and may be sentenced to imprisonment for not more than seven years deleted text begin anddeleted text end new text begin or to
payment of new text end a fine of not more than $10,000 deleted text begin for a first offense and for not more than 15
years and a fine of not more than $20,000 for a second or subsequent offensedeleted text end new text begin , or bothnew text end .
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 yearsnew text begin or to payment of a fine of not more than $20,000,
or both,new text end ifnew text begin :
new text end
new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
new text end
new text begin (2) new text end the violation occurs when the person is a registered predatory offender under section
243.166new text begin ; or
new text end
new text begin (3) the violation involved a minor under the age of 13 yearsnew text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2016, section 617.247, subdivision 4, is amended to read:
Subd. 4.
Possession prohibited.
(a) A person who possesses a pornographic work or a
computer disk or computer or other electronic, magnetic, or optical storage system or a
storage system of any other type, containing a pornographic work, knowing or with reason
to know its content and character, is guilty of a felony and may be sentenced to imprisonment
for not more than five years deleted text begin anddeleted text end new text begin or to payment of new text end a fine of not more than $5,000 deleted text begin for a first
offense and for not more than ten years and a fine of not more than $10,000 for a second
or subsequent offensedeleted text end new text begin , or bothnew text end .
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years new text begin or to payment of a fine of not more than $10,000,
or both, new text end ifnew text begin :
new text end
new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
new text end
new text begin (2) new text end the violation occurs when the person is a registered predatory offender under section
243.166new text begin ; or
new text end
new text begin (3) the violation involved a minor under the age of 13 yearsnew text end .
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2016, section 617.247, subdivision 9, is amended to read:
Subd. 9.
Conditional release term.
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for deleted text begin tendeleted text end
new text begin 15 new text end years. The terms of conditional release are governed by section 609.3455, subdivision
8.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 17. new text begin SENTENCING GUIDELINES MODIFICATION.
new text end
new text begin The Sentencing Guidelines Commission shall comprehensively review and consider
modifying how the Sentencing Guidelines and the sex offender grid address the crimes
described in Minnesota Statutes, sections 617.246 and 617.247, as compared to similar
crimes, including other sex offenses and other offenses with similar maximum penalties.
new text end
Sec. 18. new text begin REPEALER.
new text end
new text begin Minnesota Statutes 2016, section 609.349,new text end new text begin is repealed.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
ARTICLE 32
PREDATORY OFFENDERS
Section 1.
Minnesota Statutes 2016, section 171.07, subdivision 1a, is amended to read:
Subd. 1a.
Filing photograph or image; data classification.
The department shall file,
or contract to file, all photographs or electronically produced images obtained in the process
of issuing drivers' licenses or Minnesota identification cards. The photographs or
electronically produced images shall be private data pursuant to section 13.02, subdivision
12. Notwithstanding section 13.04, subdivision 3, the department shall not be required to
provide copies of photographs or electronically produced images to data subjects. The use
of the files is restricted:
(1) to the issuance and control of drivers' licenses;
(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
investigation and prosecution of crimes, service of process, enforcement of no contact
orders, location of missing persons, investigation and preparation of cases for criminal,
juvenile, and traffic court, new text begin location of individuals required to register under section 243.166
or 243.167, new text end and supervision of offenders;
(3) to public defenders, as defined in section 611.272, for the investigation and preparation
of cases for criminal, juvenile, and traffic courts;
(4) to child support enforcement purposes under section 256.978; and
(5) to a county medical examiner or coroner as required by section 390.005 as necessary
to fulfill the duties under sections 390.11 and 390.25.
Sec. 2.
Minnesota Statutes 2016, section 243.166, subdivision 1b, is amended to read:
Subd. 1b.
Registration required.
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3; or 609.3453; deleted text begin or
deleted text end
(iv) indecent exposure under section 617.23, subdivision 3;new text begin or
new text end
new text begin (v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (f);
new text end
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit criminal abuse in violation of section 609.2325,
subdivision 1, paragraph (b); false imprisonment in violation of section 609.255, subdivision
2; solicitation, inducement, or promotion of the prostitution of a minor or engaging in the
sex trafficking of a minor in violation of section 609.322; a prostitution offense in violation
of section 609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual
conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a
sexual performance in violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances;
(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.
(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2016, section 243.166, subdivision 2, is amended to read:
Subd. 2.
Notice.
When a person who is required to register under subdivision 1b,
paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the
court shall tell the person of the duty to register under this section and that, if the person
fails to comply with the registration requirements, information about the offender may be
made available to the public through electronic, computerized, or other accessible means.
The court may not modify the person's duty to register in the pronounced sentence or
disposition order. The court shall require the person to read and sign a form stating that the
duty of the person to register under this section has been explained. The court shall forward
the signed deleted text begin sex offender registrationdeleted text end new text begin court notificationnew text end form, the complaint, and sentencing
documents to the bureau. If a person required to register under subdivision 1b, paragraph
(a), was not notified by the court of the registration requirement at the time of sentencing
or disposition, the assigned corrections agent shall notify the person of the requirements of
this section.new text begin If a person does not have a corrections agent, the local law enforcement authority
with jurisdiction over the person's primary address shall notify the person of the requirements.new text end
When a person who is required to register under subdivision 1b, paragraph (c) or (d), is
released from commitment, the treatment facility shall notify the person of the requirements
of this section. The treatment facility shall also obtain the registration information required
under this section and forward it to the bureau.
Sec. 4.
Minnesota Statutes 2016, section 243.166, subdivision 4, is amended to read:
Subd. 4.
Contents of registration.
(a) The registration provided to the corrections agent
or law enforcement authority, must consist of a statement in writing signed by the person,
giving information required by the bureau, fingerprints, new text begin biological specimen for DNA
analysis as defined under section 299C.155, subdivision 1, new text end and photograph of the person
taken at the time of the person's release from incarceration or, if the person was not
incarcerated, at the time the person initially registered under this section. The registration
information also must include a written consent form signed by the person allowing a
treatment facility or residential housing unit or shelter to release information to a law
enforcement officer about the person's admission to, or residence in, a treatment facility or
residential housing unit or shelter. Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171, subdivision 3.
(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, in addition to other information required by this section,
the registration provided to the corrections agent or law enforcement authority must include
the person's offense history and documentation of treatment received during the person's
commitment. This documentation is limited to a statement of how far the person progressed
in treatment during commitment.
(c) Within three days of receipt, the corrections agent or law enforcement authority shall
forward the registration information to the bureau. The bureau shall ascertain whether the
person has registered with the law enforcement authority in the area of the person's primary
address, if any, or if the person lacks a primary address, where the person is staying, as
required by subdivision 3a. If the person has not registered with the law enforcement
authority, the bureau shall deleted text begin send one copy todeleted text end new text begin notifynew text end that authority.
(d) The corrections agent or law enforcement authority may require that a person required
to register under this section appear before the agent or authority to be photographed. The
agent or authority shall forward the photograph to the bureau.
(1) Except as provided in clause (2), the agent or authority may photograph any offender
at a time and frequency chosen by the agent or authority.
(2) The requirements of this paragraph shall not apply during any period where the
person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.
(e) During the period a person is required to register under this section, the following
provisions apply:
(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
provide notice to the offender that, if the offender does not return the verification form as
required, information about the offender may be made available to the public through
electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau. Notice is sufficient under this
paragraph, if the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law enforcement
authority where the offender most recently reported.
(2) The person shall mail the signed verification form back to the bureau within ten days
after receipt of the form, stating on the form the current and last address of the person's
residence and the other information required under subdivision 4a.
(3) In addition to the requirements listed in this section, an offender who is no longer
under correctional supervision for a registration offense, or a failure to register offense, but
who resides, works, or attends school in Minnesota, shall have an in-person contact with a
law enforcement authority as provided in this section. If the person resides in Minnesota,
the in-person contact shall be with the law enforcement authority that has jurisdiction over
the person's primary address or, if the person has no address, the location where the person
is staying. If the person does not reside in Minnesota but works or attends school in this
state, the person shall have an in-person contact with the law enforcement authority or
authorities with jurisdiction over the person's school or workplace. During the month of the
person's birth date, the person shall report to the authority to verify the accuracy of the
registration information and to be photographed. Within three days of this contact, the
authority shall enter information as required by the bureau into the predatory offender
registration database and submit an updated photograph of the person to the bureau's
predatory offender registration unit.
(4) If the person fails to mail the completed and signed verification form to the bureau
within ten days after receipt of the form, or if the person fails to report to the law enforcement
authority during the month of the person's birth date, the person is in violation of this section.
(5) For any person who fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form and who has been determined to be a risk
level III offender under section 244.052, the bureau shall immediately investigate and notify
local law enforcement authorities to investigate the person's location and to ensure compliance
with this section. The bureau also shall immediately give notice of the person's violation of
this section to the law enforcement authority having jurisdiction over the person's last
registered new text begin primary new text end address deleted text begin or addressesdeleted text end .
new text begin (6) A law enforcement authority may determine whether the person is at that person's
primary address, secondary address, or school or work location, if any, or the accuracy of
any other information required under subdivision 4a if the person whose primary address,
secondary address, or school or work location, if any, is within the authority's jurisdiction,
regardless of the assignment of a corrections agent.
new text end
For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, the bureau shall comply with clause (1) at least four times
each year. For persons who, under section 244.052, are assigned to risk level III and who
are no longer under correctional supervision for a registration offense or a failure to register
offense, the bureau shall comply with clause (1) at least two times each year. For all other
persons required to register under this section, the bureau shall comply with clause (1) each
year within 30 days of the anniversary date of the person's initial registration.
(f) When sending out a verification form, the bureau shall determine whether the person
to whom the verification form is being sent has signed a written consent form as provided
for in paragraph (a). If the person has not signed such a consent form, the bureau shall send
a written consent form to the person along with the verification form. A person who receives
this written consent form shall sign and return it to the bureau at the same time as the
verification form.
new text begin (g) For persons registered under this section on the effective date of this section, each
person, on or before one year from that date, must provide a biological specimen for the
purpose of DNA analysis to the probation agency or law enforcement agency where that
person is registered. A person who provides or has provided a biological specimen for the
purpose of DNA analysis under chapter 299C or section 609.117 meets the requirements
of this paragraph.
new text end
Sec. 5.
Minnesota Statutes 2016, section 243.166, subdivision 4c, is amended to read:
Subd. 4c.
Notices in writing; signed.
All notices required by this section must be in
writing and signed by the person required to register.new text begin For purposes of this section, a signature
may be in ink on paper, by an electronic method established by the bureau, or by use of a
biometric for the person. If a biometric is used, the person must provide a sample that is
forwarded to the bureau so that it can be maintained for comparison purposes to verify the
person's identity.
new text end
Sec. 6.
Minnesota Statutes 2016, section 243.166, subdivision 5, is amended to read:
Subd. 5.
Criminal penalty.
(a) A person required to register under this section who new text begin was
given notice, knows, or reasonably should know of the duty to register and who:
new text end
new text begin (1) new text end knowingly new text begin commits an act or fails to fulfill a requirement that new text end violates any deleted text begin of itsdeleted text end
deleted text begin provisionsdeleted text end new text begin provision of this section;new text end or
new text begin (2) new text end intentionally provides false information to a corrections agent, law enforcement
authority, or the bureau is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both.
(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a)
shall be committed to the custody of the commissioner of corrections for not less than a
year and a day, nor more than five years.
(c) A person convicted of violating paragraph (a), who has previously been convicted
of or adjudicated delinquent for violating this section or a similar statute of another state or
the United States, shall be committed to the custody of the commissioner of corrections for
not less than two years, nor more than five years.
(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person
sentenced without regard to the mandatory minimum sentence established by this subdivision.
The motion must be accompanied by a statement on the record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the person without
regard to the mandatory minimum sentence if the court finds substantial and compelling
reasons to do so. Sentencing a person in the manner described in this paragraph is a departure
from the Sentencing Guidelines.
(e) A person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, work release, conditional release, or supervised release, until
that person has served the full term of imprisonment as provided by law, notwithstanding
the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2016, section 243.166, subdivision 6, is amended to read:
Subd. 6.
Registration period.
(a) Notwithstanding the provisions of section 609.165,
subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this section until ten years have
elapsed since the person initially registered in connection with the offense, or until the
probation, supervised release, or conditional release period expires, whichever occurs later.
For a person required to register under this section who is committed under section 253B.18,
Minnesota Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration period
does not include the period of commitment.
(b) If a person required to register under this section fails to provide the person's primary
address as required by subdivision 3, paragraph (b), fails to comply with the requirements
of subdivision 3a, fails to provide information as required by subdivision 4a, or fails to
return the verification form referenced in subdivision 4 within ten days, the commissioner
of public safety shall require the person to continue to register for an additional period of
five years. This five-year period is added to the end of the offender's registration period.new text begin In
addition, if the person is not in compliance at the end of the registration period, the
commissioner shall require the person to continue to register for an additional period of two
years.
new text end
(c) If a person required to register under this section is incarcerated due to a conviction
for a new offense or following a revocation of probation, supervised release, or conditional
release for any offense, the person shall continue to register until ten years have elapsed
since the person was last released from incarceration or until the person's probation,
supervised release, or conditional release period expires, whichever occurs later.
(d) A person shall continue to comply with this section for the life of that person:
(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another state or any federal
offense similar to the offenses described in subdivision 1b, and the person has a prior
conviction or adjudication for an offense for which registration was or would have been
required under subdivision 1b, or an offense from another state or a federal offense similar
to an offense described in subdivision 1b;
(2) if the person is required to register based upon a conviction or delinquency
adjudication for an offense under section 609.185, paragraph (a), clause (2), or a similar
statute from another state or the United States;
(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g);
or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the
United States similar to the offenses described in this clause; or
(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States.
(e) A person described in subdivision 1b, paragraph (b), who is required to register under
the laws of a state in which the person has been previously convicted or adjudicated
delinquent, shall register under this section for the time period required by the state of
conviction or adjudication unless a longer time period is required elsewhere in this section.
Sec. 8.
Minnesota Statutes 2016, section 243.166, subdivision 7, is amended to read:
Subd. 7.
Use of data.
(a) Except as otherwise provided in subdivision 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.
(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcement new text begin or a corrections agent new text end may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under section 626.556.new text begin A
corrections agent may also disclose the status of an individual as a predatory offender to
comply with section 244.057.
new text end
(c) The commissioner of human services is authorized to have access to the data for:
(1) state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b); and
(2) purposes of completing background studies under chapter 245C.
Sec. 9.
Minnesota Statutes 2016, section 243.166, subdivision 7a, is amended to read:
Subd. 7a.
Availability of information on offenders who are out of compliance with
registration law.
(a) The bureau may make information available to the public about
offenders who are 16 years of age or older and who are out of compliance with this section
for 30 days or longer for failure to provide the offenders' primary or secondary addressesnew text begin
or who have abscondednew text end . This information may be made available to the public through
electronic, computerized, or other accessible means. The amount and type of information
made available is limited to the information necessary for the public to assist law enforcement
in locating the offender.
(b) An offender who comes into compliance with this section after the bureau discloses
information about the offender to the public may send a written request to the bureau
requesting the bureau to treat information about the offender as private data, consistent with
subdivision 7. The bureau shall review the request and promptly take reasonable action to
treat the data as private, if the offender has complied with the requirement that the offender
provide the offender's primary and secondary addresses, or promptly notify the offender
that the information will continue to be treated as public information and the reasons for
the bureau's decision.
(c) If an offender believes the information made public about the offender is inaccurate
or incomplete, the offender may challenge the data under section 13.04, subdivision 4.
(d) The bureau is immune from any civil or criminal liability that might otherwise arise,
based on the accuracy or completeness of any information made public under this subdivision,
if the bureau acts in good faith.
Sec. 10.
Minnesota Statutes 2016, section 299C.093, is amended to read:
299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to individuals required to register as predatory offenders
under section 243.166. To the degree feasible, the system must include the data required to
be provided under section 243.166, subdivisions 4 and 4a, and indicate the time period that
the person is required to register. The superintendent shall maintain this data in a manner
that ensures that it is readily available to law enforcement agencies. This data is private data
on individuals under section 13.02, subdivision 12, but may be used for law enforcement
and corrections purposes. Law enforcementnew text begin or a corrections agentnew text end may disclose the status
of an individual as a predatory offender to a child protection worker with a local welfare
agency for purposes of doing a family assessment under section 626.556.new text begin A corrections
agent may also disclose the status of an individual as a predatory offender to comply with
section 244.057.new text end The commissioner of human services has access to the data for
state-operated services, as defined in section 246.014, for the purposes described in section
246.13, subdivision 2, paragraph (b), and for purposes of conducting background studies
under chapter 245C.
ARTICLE 33
DWI
Section 1.
Minnesota Statutes 2016, section 169A.24, subdivision 1, is amended to read:
Subdivision 1.
Degree described.
A person who violates section 169A.20 (driving while
impaired) is guilty of first-degree driving while impaired if the person:
(1) commits the violation within ten years of the first of three or more qualified prior
impaired driving incidents;
(2) has previously been convicted of a felony under this section; or
(3) has previously been convicted of a felony under:
(i) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6);
(ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to
(6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4,
clauses (2) to (6); deleted text begin or
deleted text end
(iii) section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses
(2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114,
subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2) to (6)deleted text begin .deleted text end new text begin ; or
new text end
new text begin (iv) a statute from this state or another state in conformity with any provision listed in
item (i), (ii), or (iii).
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2016, section 169A.55, subdivision 4, is amended to read:
Subd. 4.
Reinstatement of driving privileges; multiple incidents.
(a) new text begin A person whose
driver's license has been revoked as a result of an offense listed under clause (1) or (2) shall
not be eligible for reinstatement of driving privileges without an ignition interlock restriction
until the commissioner certifies that the person has neither owned nor leased a vehicle, the
person has not transferred ownership of a vehicle to a family or household member, no
family or household member owns or leases a vehicle which the person has express or
implied consent to drive, and the person has not committed a violation of chapter 169A or
171 during the revocation period; or the person has used the ignition interlock device and
complied with section 171.306 for a period of not less than:
new text end
new text begin (1) one year, for a person whose driver's license was revoked for:
new text end
new text begin (i) an offense occurring within ten years of a qualified prior impaired driving incident;
or
new text end
new text begin (ii) an offense occurring after two qualified prior impaired driving incidents; or
new text end
new text begin (2) two years, for a person whose driver's license was revoked for:
new text end
new text begin (i) an offense occurring under clause (1), and where the test results indicated an alcohol
concentration of twice the legal limit or more; or
new text end
new text begin (ii) an offense occurring under clause (1), and where the current offense is for a violation
of section 169A.20, subdivision 2 (test refusal).
new text end
new text begin As used in this paragraph, "family or household member" has the meaning given in section
169A.63, subdivision 1, paragraph (f).
new text end
new text begin (b) new text end A person whose driver's license has been canceled or denied as a result of three or
more qualified impaired driving incidents shall not be eligible for reinstatement of driving
privileges without an ignition interlock restriction until the person:
(1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and
(2) has submitted verification of abstinence from alcohol and controlled substancesnew text begin
under paragraph (c)new text end , as evidenced by the person's use of an ignition interlock device or other
chemical monitoring device approved by the commissioner.
deleted text begin (b)deleted text end new text begin (c) new text end The verification of abstinence must show that the person has abstained from the
use of alcohol and controlled substances for a period of not less than:
(1) three years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of two qualified prior impaired driving incidents, or
occurring after three qualified prior impaired driving incidents;
(2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or
(3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.
deleted text begin (c) The commissioner shall establish performance standards and a process for certifying
chemical monitoring devices. The standards and procedures are not rules and are exempt
from chapter 14, including section 14.386.
deleted text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2017 Supplement, section 171.30, subdivision 1, is amended
to read:
Subdivision 1.
Conditions of issuance.
(a) The commissioner may issue a limited license
to the driver under the conditions in paragraph (b) in any case where a person's license has
been:
(1) suspended under section 171.18, 171.173, 171.186, or 171.187;
(2) revoked, canceled, or denied under section:
(i) 169.792;
(ii) 169.797;
(iii) 169A.52:
(A) subdivision 3, paragraph (a), clause (1) or (2);
(B) new text begin subdivision 3, paragraph (a), clause (3), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7);
new text end
new text begin (C) new text end subdivision 3, paragraph (a), clause (4), (5), or (6), new text begin for a violation of section 169A.20,
subdivision 1, clause (1), (5), or (6), and new text end if in compliance with section 171.306;
new text begin (D) subdivision 3, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7);
new text end
deleted text begin (C)deleted text end new text begin (E)new text end subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;
new text begin (F) subdivision 4, paragraph (a), clause (3), for a violation of section 169A.20, subdivision
1, clause (2), (3), (4), or (7);
new text end
deleted text begin (D)deleted text end new text begin (G)new text end subdivision 4, paragraph (a), clause (4), (5), or (6), new text begin for a violation of section
169A.20, subdivision 1, clause (1), (5), or (6), and new text end if in compliance with section 171.306;
new text begin (H) subdivision 4, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7); or
new text end
(iv) 171.17; or
(v) 171.172;
(3) revoked, canceled, or denied under section 169A.54:
(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less
than twice the legal limit;
(ii) subdivision 1, clause (2);
(iii) new text begin subdivision 1, clause (3) or (4), for a violation of section 169A.20, subdivision 1,
clause (2), (3), (4), or (7);
new text end
new text begin (iv) new text end subdivision 1, clause (5), (6), or (7),new text begin for a violation of section 169A.20, subdivision
1, clause (1), (5), or (6), andnew text end if in compliance with section 171.306; deleted text begin or
deleted text end
new text begin (v) subdivision 1, clause (5), (6), or (7), for a violation of section 169A.20, subdivision
1, clause (2), (3), (4), or (7); or
new text end
deleted text begin (iv)deleted text end new text begin (vi)new text end subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit; or
(4) revoked, canceled, or denied under section 171.177:
(i) subdivision 4, paragraph (a), clause (1) or (2);
(ii) new text begin subdivision 4, paragraph (a), clause (3), for a violation of section 169A.20, subdivision
1, clause (2), (3), (4), or (7);
new text end
new text begin (iii) new text end subdivision 4, paragraph (a), clause (4), (5), or (6), new text begin for a violation of section 169A.20,
subdivision 1, clause (1), (5), or (6), and new text end if in compliance with section 171.306;
new text begin (iv) subdivision 4, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7);
new text end
deleted text begin (iii)deleted text end new text begin (v)new text end subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit; deleted text begin or
deleted text end
new text begin (vi) subdivision 5, paragraph (a), clause (3), for a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), or (7);
new text end
deleted text begin (iv)deleted text end new text begin (vii)new text end subdivision 5, paragraph (a), clause (4), (5), or (6), new text begin for a violation of section
169A.20, subdivision 1, clause (1), (5), or (6), and new text end if in compliance with section 171.306new text begin ;
or
new text end
new text begin (viii) subdivision 5, paragraph (a), clause (4), (5), or (6), for a violation of section
169A.20, subdivision 1, clause (2), (3), (4), or (7)new text end .
(b) The following conditions for a limited license under paragraph (a) include:
(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;
(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial
disruption of the education, medical, or nutritional needs of the family of the homemaker;
or
(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.
(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license may
be limited to the operation of particular vehicles, to particular classes and times of operation,
and to particular conditions of traffic. The commissioner may require that an applicant for
a limited license affirmatively demonstrate that use of public transportation or carpooling
as an alternative to a limited license would be a significant hardship.
(d) For purposes of this subdivision:
(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child or
other dependents; and
(2) "twice the legal limit" means an alcohol concentration of two times the limit specified
in section 169A.20, subdivision 1, clause (5).
(e) The limited license issued by the commissioner shall clearly indicate the limitations
imposed and the driver operating under the limited license shall have the license in possession
at all times when operating as a driver.
(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.
(g) If the person's driver's license or permit to drive has been revoked under section
169.792 or 169.797, the commissioner may only issue a limited license to the person after
the person has presented an insurance identification card, policy, or written statement
indicating that the driver or owner has insurance coverage satisfactory to the commissioner
of public safety. The commissioner of public safety may require the insurance identification
card provided to satisfy this subdivision be certified by the insurance company to be
noncancelable for a period not to exceed 12 months.
(h) The limited license issued by the commissioner to a person under section 171.186,
subdivision 4, must expire 90 days after the date it is issued. The commissioner must not
issue a limited license to a person who previously has been issued a limited license under
section 171.186, subdivision 4.
(i) The commissioner shall not issue a limited driver's license to any person described
in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
(j) The commissioner shall not issue a class A, class B, or class C limited license.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2017 Supplement, section 171.30, subdivision 2a, is amended
to read:
Subd. 2a.
Other waiting periods.
Notwithstanding subdivision 2, a limited license shall
not be issued for a period of:
(1) 15 days, to a person whose license or privilege has been revoked or suspended for
a first violation of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a
statute or ordinance from another state in conformity with deleted text begin eitherdeleted text end new text begin anynew text end of those sections; or
(2) new text begin 90 days, to a person who submitted to testing under sections 169A.50 to 169A.53,
section 171.177, or a statute or ordinance from another state in conformity with any of those
sections, if the person's license or privilege has been revoked or suspended for a violation
of section 169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within ten years of
a qualified prior impaired driving incident, or after two qualified prior impaired driving
incidents, for violations of section 169A.20, sections 169A.50 to 169A.53, section 171.177,
or a statute or ordinance from another state in conformity with any of those sections; or
new text end
new text begin (3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53, section
171.177, or a statute or ordinance from another state in conformity with any of those sections,
if the person's license or privilege has been revoked or suspended for a violation of section
169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within ten years of a qualified
prior impaired driving incident, or after two qualified prior impaired driving incidents, for
violations of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a statute
or ordinance from another state in conformity with any of those sections; or
new text end
new text begin (4) new text end one year, to a person whose license or privilege has been revoked or suspended for
committing manslaughter resulting from the operation of a motor vehicle, committing
criminal vehicular homicide or injury under section deleted text begin 609.21deleted text end new text begin 609.2112new text end , subdivision 1, clause
(1), (2), item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under section
deleted text begin 609.21deleted text end new text begin 609.2112new text end , subdivision 1, clause (2), item (i) or (iii), (3), or (4), or violating a statute
or ordinance from another state in conformity with either of those offenses.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2017 Supplement, section 171.306, subdivision 1, is amended
to read:
Subdivision 1.
Definitions.
(a) As used in this section, the terms in this subdivision have
the meanings given them.
(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.
(c) "Location tracking capabilities" means the ability of an electronic or wireless device
to identify and transmit its geographic location through the operation of the device.
(d) "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:
(1) revoked, canceled, or denied under section 169A.52deleted text begin ;deleted text end new text begin ornew text end 169A.54deleted text begin ;deleted text end new text begin , for a violation of
section 169A.20, subdivision 1, clause (1), (5), or (6);
new text end
new text begin (2) revoked, canceled, or denied under sectionnew text end 171.04, subdivision 1, clause (10); or
171.177deleted text begin ;deleted text end new text begin , for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6);new text end or
deleted text begin (2)deleted text end new text begin (3)new text end revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
suspended under section 171.187, for a violation of section 609.2113, subdivision 1, clause
(2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or
subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2),
item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily
harm.
(e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
subdivision 22.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2017 Supplement, section 171.306, subdivision 2, is amended
to read:
Subd. 2.
Performance standards; certification; manufacturer and provider
requirements.
(a) The commissioner shall establish performance standards and a process
for certifying devices used in the ignition interlock program, except that the commissioner
may not establish standards that, directly or indirectly, require devices to use or enable
location tracking capabilities without a court order.
(b) The manufacturer of a device must apply annually for certification of the device by
submitting the form prescribed by the commissioner. The commissioner shall require
manufacturers of certified devices to:
(1) provide device installation, servicing, and monitoring to indigent program participants
at a discounted rate, according to the standards established by the commissioner; deleted text begin and
deleted text end
(2) include in an ignition interlock device contract a provision that a program participant
who voluntarily terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor vehicle,
regardless of whether the term of the contract has expirednew text begin ; and
new text end
new text begin (3) include in an ignition interlock device contract a provision that requires manufacturers
of certified devices to pay any towing or repair costs caused by device failure or malfunction,
or by damage caused during device installation, servicing, or monitoringnew text end .
(c) The manufacturer of a certified device must include with an ignition interlock device
contract a separate notice to the program participant regarding any location tracking
capabilities of the device.
ARTICLE 34
HEALTH CARE
Section 1.
Minnesota Statutes 2016, section 3.3005, subdivision 8, is amended to read:
Subd. 8.
Request contents.
A request to spend federal funds submitted under this section
must include the name of the federal grant, the federal agency from which the funds are
available, a federal identification number, a brief description of the purpose of the grant,
the amounts expected by fiscal year, an indication if any state match is required, an indication
if there is a maintenance of effort requirement, and the number of full-time equivalent
positions needed to implement the grant.new text begin For new grants, the request must provide a narrative
description of the short- and long-term commitments required, including whether continuation
of any full-time equivalent positions will be a condition of receiving the federal award.
new text end
Sec. 2.
Minnesota Statutes 2017 Supplement, section 13.69, subdivision 1, is amended to
read:
Subdivision 1.
Classifications.
(a) The following government data of the Department
of Public Safety are private data:
(1) medical data on driving instructors, licensed drivers, and applicants for parking
certificates and special license plates issued to physically disabled persons;
(2) other data on holders of a disability certificate under section 169.345, except that (i)
data that are not medical data may be released to law enforcement agencies, and (ii) data
necessary for enforcement of sections 169.345 and 169.346 may be released to parking
enforcement employees or parking enforcement agents of statutory or home rule charter
cities and towns;
(3) Social Security numbers in driver's license and motor vehicle registration records,
except that Social Security numbers must be provided to the Department of Revenue for
purposes of tax administration, the Department of Labor and Industry for purposes of
workers' compensation administration and enforcement, the judicial branch for purposes of
debt collection, and the Department of Natural Resources for purposes of license application
administrationnew text begin , and except that the last four digits of the Social Security number must be
provided to the Department of Human Services for purposes of recovery of Minnesota health
care program benefits paidnew text end ; and
(4) data on persons listed as standby or temporary custodians under section 171.07,
subdivision 11, except that the data must be released to:
(i) law enforcement agencies for the purpose of verifying that an individual is a designated
caregiver; or
(ii) law enforcement agencies who state that the license holder is unable to communicate
at that time and that the information is necessary for notifying the designated caregiver of
the need to care for a child of the license holder.
The department may release the Social Security number only as provided in clause (3)
and must not sell or otherwise provide individual Social Security numbers or lists of Social
Security numbers for any other purpose.
(b) The following government data of the Department of Public Safety are confidential
data: data concerning an individual's driving ability when that data is received from a member
of the individual's family.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 3.
new text begin [62J.90] MINNESOTA HEALTH POLICY COMMISSION.
new text end
new text begin Subdivision 1.new text end
new text begin Definition.new text end
new text begin For purposes of this section, "commission" means the
Minnesota Health Policy Commission.
new text end
new text begin Subd. 2.new text end
new text begin Commission membership.new text end
new text begin The commission shall consist of 16 voting members,
appointed by the Legislative Coordinating Commission as provided in subdivision 9, as
follows:
new text end
new text begin (1) one member with demonstrated expertise in health care finance;
new text end
new text begin (2) one member with demonstrated expertise in health economics;
new text end
new text begin (3) one member with demonstrated expertise in actuarial science;
new text end
new text begin (4) one member with demonstrated expertise in health plan management and finance;
new text end
new text begin (5) one member with demonstrated expertise in health care system management;
new text end
new text begin (6) one member with demonstrated expertise as a purchaser, or a representative of a
purchaser, of employer-sponsored health care services or employer-sponsored health
insurance;
new text end
new text begin (7) one member with demonstrated expertise in the development and utilization of
innovative medical technologies;
new text end
new text begin (8) one member with demonstrated expertise as a health care consumer advocate;
new text end
new text begin (9) one member who is a primary care physician;
new text end
new text begin (10) one member with demonstrated knowledge and expertise in patient privacy issues;
new text end
new text begin (11) one member who provides long-term care services through medical assistance;
new text end
new text begin (12) one member with direct experience as an enrollee, or parent or caregiver of an
enrollee, in MinnesotaCare or medical assistance;
new text end
new text begin (13) two members of the senate, including one member appointed by the majority leader
and one member from the minority party appointed by the minority leader; and
new text end
new text begin (14) two members of the house of representatives, including one member appointed by
the speaker of the house and one member from the minority party appointed by the minority
leader.
new text end
new text begin Subd. 3.new text end
new text begin Duties.new text end
new text begin (a) The commission shall:
new text end
new text begin (1) compare Minnesota's private market health care costs and public health care program
spending to that of the other states;
new text end
new text begin (2) compare Minnesota's private market health care costs and public health care program
spending in any given year to its costs and spending in previous years;
new text end
new text begin (3) identify factors that influence and contribute to Minnesota's ranking for private
market health care costs and public health care program spending, including the year over
year and trend line change in total costs and spending in the state;
new text end
new text begin (4) continually monitor efforts to reform the health care delivery and payment system
in Minnesota to understand emerging trends in the health insurance market, including the
private health care market, large self-insured employers, and the state's public health care
programs in order to identify opportunities for state action to achieve:
new text end
new text begin (i) improved patient experience of care, including quality and satisfaction;
new text end
new text begin (ii) improved health of all populations; and
new text end
new text begin (iii) reduced per capita cost of health care;
new text end
new text begin (5) make recommendations for legislative policy, the health care market, or any other
reforms to:
new text end
new text begin (i) lower the rate of growth in private market health care costs and public health care
program spending in the state;
new text end
new text begin (ii) positively impact the state's ranking in the areas listed in this subdivision; and
new text end
new text begin (iii) improve the quality and value of care for all Minnesotans; and
new text end
new text begin (6) conduct any additional reviews requested by the legislature.
new text end
new text begin (b) In making recommendations to the legislature, the commission shall consider:
new text end
new text begin (i) how the recommendations might positively impact the cost-shifting interplay between
public payer reimbursement rates and health insurance premiums; and
new text end
new text begin (ii) how public health care programs, where appropriate, may be utilized as a means to
help prepare enrollees for an eventual transition to the private health care market.
new text end
new text begin Subd. 4.new text end
new text begin Report.new text end
new text begin The commission shall submit recommendations for changes in health
care policy and financing by June 15 each year to the chairs and ranking minority members
of the legislative committees with primary jurisdiction over health care. The report shall
include any draft legislation to implement the commission's recommendations.
new text end
new text begin Subd. 5.new text end
new text begin Staff.new text end
new text begin The commission shall hire a director who may employ or contract for
professional and technical assistance as the commission determines necessary to perform
its duties. The commission may also contract with private entities with expertise in health
economics, health finance, and actuarial science to secure additional information, data,
research, or modeling that may be necessary for the commission to carry out its duties.
new text end
new text begin Subd. 6.new text end
new text begin Access to information.new text end
new text begin (a) The commission may request that a state department
or agency provide the commission with any publicly available information in a usable format
as requested by the commission, at no cost to the commission.
new text end
new text begin (b) The commission may request from a state department or agency unique or custom
data sets and the department or agency may charge the commission for providing the data
at the same rate the department or agency would charge any other public or private entity.
new text end
new text begin (c) Any information provided to the commission by a state department or agency must
be de-identified. For purposes of this subdivision, "de-identified" means the process used
to prevent the identity of a person or business from being connected with information and
ensuring all identifiable information has been removed.
new text end
new text begin (d) By July 1, 2020, and annually thereafter, the commission shall provide the legislative
committees with jurisdiction over data practices with a report describing the de-identified
information and data obtained by the commission from state departments and agencies in
the preceding year. The report must describe the information obtained, including the scope
of the information obtained, the purpose for which it was obtained, the classification of any
data obtained, the length of time the information shall be used, and security measures for
protecting the information in accordance with chapter 13. The report must include a
notification to the public that although the information obtained by the commission is
de-identified, de-identified data retains some risk of identification, and that a data use
agreement must limit the use of the data and prohibit attempts to reidentify the data. The
commission shall also maintain the reports on the commission's Web site.
new text end
new text begin Subd. 7.new text end
new text begin Terms; vacancies; compensation.new text end
new text begin (a) Public members of the commission shall
serve four-year terms. The public members may not serve for more than two consecutive
terms.
new text end
new text begin (b) The legislative members shall serve on the commission as long as the member or
the appointing authority holds office.
new text end
new text begin (c) The removal of members and filling of vacancies on the commission are as provided
in section 15.059.
new text end
new text begin (d) Public members may receive compensation and expenses as provided in section
15.059, subdivision 3.
new text end
new text begin Subd. 8.new text end
new text begin Chairs; officers.new text end
new text begin The commission shall elect a chair annually. The commission
may elect other officers necessary for the performance of its duties.
new text end
new text begin Subd. 9.new text end
new text begin Selection of members; advisory council.new text end
new text begin The Legislative Coordinating
Commission shall take applications from members of the public who are qualified and
interested to serve in one of the listed positions. The applications must be reviewed by a
health policy commission advisory council comprised of four members as follows: the state
economist, legislative auditor, state demographer, and the president of the Federal Reserve
Bank of Minneapolis or a designee of the president. The advisory council shall recommend
two applicants for each of the specified positions by September 30 in the calendar year
preceding the end of the members' terms. The Legislative Coordinating Commission shall
appoint one of the two recommended applicants to the commission.
new text end
new text begin Subd. 10.new text end
new text begin Meetings.new text end
new text begin The commission shall meet at least four times each year.
Commission meetings are subject to chapter 13D.
new text end
new text begin Subd. 11.new text end
new text begin Conflict of interest.new text end
new text begin A member of the commission may not participate in or
vote on a decision of the commission relating to an organization in which the member has
either a direct or indirect financial interest.
new text end
new text begin Subd. 12.new text end
new text begin Expiration.new text end
new text begin The commission shall expire on June 15, 2024.
new text end
Sec. 4.
new text begin [256.0113] ELIGIBILITY VERIFICATION.
new text end
new text begin Subdivision 1.new text end
new text begin Verification required; vendor contract.new text end
new text begin (a) The commissioner shall
ensure that medical assistance, MinnesotaCare, child care assistance programs under chapter
119B, and Supplemental Nutrition Assistance Program (SNAP) eligibility determinations
through the MNsure information technology system and through other agency eligibility
determination systems include the computerized verification of income, residency, identity,
and when applicable, assets and compliance with SNAP work requirements.
new text end
new text begin (b) The commissioner shall contract with a vendor to verify the eligibility of all persons
enrolled in medical assistance, MinnesotaCare, a child care assistance program, and SNAP
during a specified audit period. This contract shall be exempt from sections 16C.08,
subdivision 2, clause (1); 16C.09, paragraph (a), clause (1); 43A.047, paragraph (a), and
any other law to the contrary.
new text end
new text begin (c) The contract must require the vendor to comply with enrollee data privacy
requirements and to use encryption to safeguard enrollee identity. The contract must also
provide penalties for vendor noncompliance.
new text end
new text begin (d) The contract must include a revenue sharing agreement, under which vendor
compensation is limited to a portion of any savings to the state resulting from the vendor's
implementation of eligibility verification initiatives under this section.
new text end
new text begin (e) The commissioner shall use existing resources to fund any agency administrative
and technology-related costs incurred as a result of implementing this section.
new text end
new text begin (f) All state savings resulting from implementation of the vendor contract under this
section, minus any payments to the vendor made under the terms of the revenue sharing
agreement, shall be deposited into the health care access fund.
new text end
new text begin Subd. 2.new text end
new text begin Verification process; vendor duties.new text end
new text begin (a) The verification process implemented
by the vendor must include but is not limited to data matches of the name, date of birth,
address, and Social Security number of each medical assistance, MinnesotaCare, child care
assistance program, and SNAP enrollee against relevant information in federal and state
data sources, including the federal data hub established under the Affordable Care Act. In
designing the verification process, the vendor, to the extent feasible, shall incorporate
procedures that are compatible and coordinated with, and build upon or improve, existing
procedures used by the MNsure information technology system and other agency eligibility
determination systems.
new text end
new text begin (b) The vendor, upon preliminary determination that an enrollee is eligible or ineligible,
shall notify the commissioner. Within 20 business days of notification, the commissioner
shall accept the preliminary determination or reject the preliminary determination with a
stated reason. The commissioner shall retain final authority over eligibility determinations.
The vendor shall keep a record of all preliminary determinations of ineligibility submitted
to the commissioner.
new text end
new text begin (c) The vendor shall recommend to the commissioner an eligibility verification process
that allows ongoing verification of enrollee eligibility under the MNsure information
technology system and other agency eligibility determination systems.
new text end
new text begin (d) The commissioner and the vendor, following the conclusion of the initial contract
period, shall jointly submit an eligibility verification audit report to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance. The report shall include but is not limited to information in the
form of unidentified summary data on preliminary determinations of eligibility or ineligibility
communicated by the vendor, the actions taken on those preliminary determinations by the
commissioner, and the commissioner's reasons for rejecting preliminary determinations by
the vendor. The report must also include the recommendations for ongoing verification of
enrollee eligibility required under paragraph (c).
new text end
new text begin (e) An eligibility verification vendor contract shall be awarded for an initial one-year
period, beginning January 1, 2019. The commissioner shall renew the contract for up to
three additional one-year periods and require additional eligibility verification audits, if the
commissioner or the legislative auditor determines that the MNsure information technology
system and other agency eligibility determination systems cannot effectively verify the
eligibility of medical assistance, MinnesotaCare, child care assistance program, and SNAP
enrollees.
new text end
Sec. 5.
Minnesota Statutes 2017 Supplement, section 256.969, subdivision 9, is amended
to read:
Subd. 9.
Disproportionate numbers of low-income patients served.
(a) For admissions
occurring on or after July 1, 1993, the medical assistance disproportionate population
adjustment shall comply with federal law and shall be paid to a hospital, excluding regional
treatment centers and facilities of the federal Indian Health Service, with a medical assistance
inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined
as follows:
(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic
mean for all hospitals excluding regional treatment centers and facilities of the federal Indian
Health Service but less than or equal to one standard deviation above the mean, the
adjustment must be determined by multiplying the total of the operating and property
payment rates by the difference between the hospital's actual medical assistance inpatient
utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers
and facilities of the federal Indian Health Service; and
(2) for a hospital with a medical assistance inpatient utilization rate above one standard
deviation above the mean, the adjustment must be determined by multiplying the adjustment
that would be determined under clause (1) for that hospital by 1.1. The commissioner shall
report annually on the number of hospitals likely to receive the adjustment authorized by
this paragraph. The commissioner shall specifically report on the adjustments received by
public hospitals and public hospital corporations located in cities of the first class.
(b) Certified public expenditures made by Hennepin County Medical Center shall be
considered Medicaid disproportionate share hospital payments. Hennepin County and
Hennepin County Medical Center shall report by June 15, 2007, on payments made beginning
July 1, 2005, or another date specified by the commissioner, that may qualify for
reimbursement under federal law. Based on these reports, the commissioner shall apply for
federal matching funds.
(c) Upon federal approval of the related state plan amendment, paragraph (b) is effective
retroactively from July 1, 2005, or the earliest effective date approved by the Centers for
Medicare and Medicaid Services.
(d) Effective July 1, 2015, disproportionate share hospital (DSH) payments shall be paid
in accordance with a new methodology using 2012 as the base year. Annual payments made
under this paragraph shall equal the total amount of payments made for 2012. A licensed
children's hospital shall receive only a single DSH factor for children's hospitals. Other
DSH factors may be combined to arrive at a single factor for each hospital that is eligible
for DSH payments. The new methodology shall make payments only to hospitals located
in Minnesota and include the following factors:
(1) a licensed children's hospital with at least 1,000 fee-for-service discharges in the
base year shall receive a factor of 0.868. A licensed children's hospital with less than 1,000
fee-for-service discharges in the base year shall receive a factor of 0.7880;
(2) a hospital that has in effect for the initial rate year a contract with the commissioner
to provide extended psychiatric inpatient services under section 256.9693 shall receive a
factor of 0.0160;
(3) a hospital that has received payment from the fee-for-service program for at least 20
transplant services in the base year shall receive a factor of 0.0435;
(4) a hospital that has a medical assistance utilization rate in the base year between 20
percent up to one standard deviation above the statewide mean utilization rate shall receive
a factor of 0.0468;
(5) a hospital that has a medical assistance utilization rate in the base year that is at least
one standard deviation above the statewide mean utilization rate but is less than three standard
deviations above the mean shall receive a factor of 0.2300; and
(6) a hospital that has a medical assistance utilization rate in the base year that is at least
three standard deviations above the statewide mean utilization rate shall receive a factor of
0.3711.
(e) Any payments or portion of payments made to a hospital under this subdivision that
are subsequently returned to the commissioner because the payments are found to exceed
the hospital-specific DSH limit for that hospital shall be redistributed, proportionate to the
number of fee-for-service discharges, to other DSH-eligible non-children's hospitals that
have a medical assistance utilization rate that is at least one standard deviation above the
mean.
new text begin (f) Effective for discharges on January 1, 2019, through June 30, 2019, an additional
payment adjustment shall be established by the commissioner under this subdivision for
hospitals that provide high levels of administering high-cost drugs to enrollees in the
fee-for-service medical assistance program. The commissioner shall consider factors such
as fee-for-service medical assistance utilization rates and payments made for drugs purchased
through the 340B drug purchasing program and administered to fee-for-service enrollees.
If any part of this adjustment exceeds a hospital's hospital-specific disproportionate share
hospital limit, the commissioner shall make a payment to the hospital that equals the
nonfederal share of the amount that exceeds the limit. The total nonfederal share of the
amount of the payment adjustment under this paragraph shall not exceed $1,500,000.
new text end
Sec. 6.
Minnesota Statutes 2016, section 256B.04, subdivision 14, is amended to read:
Subd. 14.
Competitive bidding.
(a) When determined to be effective, economical, and
feasible, the commissioner may utilize volume purchase through competitive bidding and
negotiation under the provisions of chapter 16C, to provide items under the medical assistance
program including but not limited to the following:
(1) eyeglasses;
(2) oxygen. The commissioner shall provide for oxygen needed in an emergency situation
on a short-term basis, until the vendor can obtain the necessary supply from the contract
dealer;
(3) hearing aids and supplies; and
(4) durable medical equipment, including but not limited to:
(i) hospital beds;
(ii) commodes;
(iii) glide-about chairs;
(iv) patient lift apparatus;
(v) wheelchairs and accessories;
(vi) oxygen administration equipment;
(vii) respiratory therapy equipment;
(viii) electronic diagnostic, therapeutic and life-support systems;
(5) nonemergency medical transportation level of need determinations, disbursement of
public transportation passes and tokens, and volunteer and recipient mileage and parking
reimbursements; and
(6) drugs.
(b) Rate changes and recipient cost-sharing under this chapter and chapter 256L do not
affect contract payments under this subdivision unless specifically identified.
(c) The commissioner may not utilize volume purchase through competitive bidding
and negotiation deleted text begin for special transportation servicesdeleted text end under the provisions of chapter 16Cnew text begin for
special transportation services or incontinence products and related suppliesnew text end .
Sec. 7.
Minnesota Statutes 2016, section 256B.04, subdivision 21, is amended to read:
Subd. 21.
Provider enrollment.
(a) If the commissioner or the Centers for Medicare
and Medicaid Services determines that a provider is designated "high-risk," the commissioner
may withhold payment from providers within that category upon initial enrollment for a
90-day period. The withholding for each provider must begin on the date of the first
submission of a claim.
(b) An enrolled provider that is also licensed by the commissioner under chapter 245A,
or is licensed as a home care provider by the Department of Health under chapter 144A and
has a home and community-based services designation on the home care license under
section 144A.484, must designate an individual as the entity's compliance officer. The
compliance officer must:
(1) develop policies and procedures to assure adherence to medical assistance laws and
regulations and to prevent inappropriate claims submissions;
(2) train the employees of the provider entity, and any agents or subcontractors of the
provider entity including billers, on the policies and procedures under clause (1);
(3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;
(4) use evaluation techniques to monitor compliance with medical assistance laws and
regulations;
(5) promptly report to the commissioner any identified violations of medical assistance
laws or regulations; and
(6) within 60 days of discovery by the provider of a medical assistance reimbursement
overpayment, report the overpayment to the commissioner and make arrangements with
the commissioner for the commissioner's recovery of the overpayment.
The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.
(c) The commissioner may revoke the enrollment of an ordering or rendering provider
for a period of not more than one year, if the provider fails to maintain and, upon request
from the commissioner, provide access to documentation relating to written orders or requests
for payment for durable medical equipment, certifications for home health services, or
referrals for other items or services written or ordered by such provider, when the
commissioner has identified a pattern of a lack of documentation. A pattern means a failure
to maintain documentation or provide access to documentation on more than one occasion.
Nothing in this paragraph limits the authority of the commissioner to sanction a provider
under the provisions of section 256B.064.
(d) The commissioner shall terminate or deny the enrollment of any individual or entity
if the individual or entity has been terminated from participation in Medicare or under the
Medicaid program or Children's Health Insurance Program of any other state.new text begin The
commissioner may exempt a rehabilitation agency from termination or denial that would
otherwise be required under this paragraph, if the agency:
new text end
new text begin (1) is unable to retain Medicare certification and enrollment solely due to a lack of billing
to the Medicare program;
new text end
new text begin (2) meets all other applicable Medicare certification requirements based on a review
completed by the commissioner of health; and
new text end
new text begin (3) serves primarily a pediatric population.
new text end
(e) As a condition of enrollment in medical assistance, the commissioner shall require
that a provider designated "moderate" or "high-risk" by the Centers for Medicare and
Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
Services, its agents, or its designated contractors and the state agency, its agents, or its
designated contractors to conduct unannounced on-site inspections of any provider location.
The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
and standards used to designate Medicare providers in Code of Federal Regulations, title
42, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
The commissioner's designations are not subject to administrative appeal.
(f) As a condition of enrollment in medical assistance, the commissioner shall require
that a high-risk provider, or a person with a direct or indirect ownership interest in the
provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is designated
high-risk for fraud, waste, or abuse.
(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all durable
medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical suppliers
meeting the durable medical equipment provider and supplier definition in clause (3),
operating in Minnesota and receiving Medicaid funds must purchase a surety bond that is
annually renewed and designates the Minnesota Department of Human Services as the
obligee, and must be submitted in a form approved by the commissioner. For purposes of
this clause, the following medical suppliers are not required to obtain a surety bond: a
federally qualified health center, a home health agency, the Indian Health Service, a
pharmacy, and a rural health clinic.
(2) At the time of initial enrollment or reenrollment, durable medical equipment providers
and suppliers defined in clause (3) must purchase a surety bond of $50,000. If a revalidating
provider's Medicaid revenue in the previous calendar year is up to and including $300,000,
the provider agency must purchase a surety bond of $50,000. If a revalidating provider's
Medicaid revenue in the previous calendar year is over $300,000, the provider agency must
purchase a surety bond of $100,000. The surety bond must allow for recovery of costs and
fees in pursuing a claim on the bond.
(3) "Durable medical equipment provider or supplier" means a medical supplier that can
purchase medical equipment or supplies for sale or rental to the general public and is able
to perform or arrange for necessary repairs to and maintenance of equipment offered for
sale or rental.
(h) The Department of Human Services may require a provider to purchase a surety
bond as a condition of initial enrollment, reenrollment, reinstatement, or continued enrollment
if: (1) the provider fails to demonstrate financial viability, (2) the department determines
there is significant evidence of or potential for fraud and abuse by the provider, or (3) the
provider or category of providers is designated high-risk pursuant to paragraph (a) and as
per Code of Federal Regulations, title 42, section 455.450. The surety bond must be in an
amount of $100,000 or ten percent of the provider's payments from Medicaid during the
immediately preceding 12 months, whichever is greater. The surety bond must name the
Department of Human Services as an obligee and must allow for recovery of costs and fees
in pursuing a claim on the bond. This paragraph does not apply if the provider currently
maintains a surety bond under the requirements in section 256B.0659 or 256B.85.
Sec. 8.
Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 3b, is
amended to read:
Subd. 3b.
Telemedicine services.
(a) Medical assistance covers medically necessary
services and consultations delivered by a licensed health care provider via telemedicine in
the same manner as if the service or consultation was delivered in person. Coverage is
limited to three telemedicine services per enrollee per calendar weeknew text begin , except as provided
in paragraph (f)new text end . Telemedicine services shall be paid at the full allowable rate.
(b) The commissioner shall establish criteria that a health care provider must attest to
in order to demonstrate the safety or efficacy of delivering a particular service via
telemedicine. The attestation may include that the health care provider:
(1) has identified the categories or types of services the health care provider will provide
via telemedicine;
(2) has written policies and procedures specific to telemedicine services that are regularly
reviewed and updated;
(3) has policies and procedures that adequately address patient safety before, during,
and after the telemedicine service is rendered;
(4) has established protocols addressing how and when to discontinue telemedicine
services; and
(5) has an established quality assurance process related to telemedicine services.
(c) As a condition of payment, a licensed health care provider must document each
occurrence of a health service provided by telemedicine to a medical assistance enrollee.
Health care service records for services provided by telemedicine must meet the requirements
set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must document:
(1) the type of service provided by telemedicine;
(2) the time the service began and the time the service ended, including an a.m. and p.m.
designation;
(3) the licensed health care provider's basis for determining that telemedicine is an
appropriate and effective means for delivering the service to the enrollee;
(4) the mode of transmission of the telemedicine service and records evidencing that a
particular mode of transmission was utilized;
(5) the location of the originating site and the distant site;
(6) if the claim for payment is based on a physician's telemedicine consultation with
another physician, the written opinion from the consulting physician providing the
telemedicine consultation; and
(7) compliance with the criteria attested to by the health care provider in accordance
with paragraph (b).
(d) For purposes of this subdivision, unless otherwise covered under this chapter,
"telemedicine" is defined as the delivery of health care services or consultations while the
patient is at an originating site and the licensed health care provider is at a distant site. A
communication between licensed health care providers, or a licensed health care provider
and a patient that consists solely of a telephone conversation, e-mail, or facsimile transmission
does not constitute telemedicine consultations or services. Telemedicine may be provided
by means of real-time two-way, interactive audio and visual communications, including the
application of secure video conferencing or store-and-forward technology to provide or
support health care delivery, which facilitate the assessment, diagnosis, consultation,
treatment, education, and care management of a patient's health care.
(e) For purposes of this section, "licensed health care provider" means a licensed health
care provider under section 62A.671, subdivision 6, deleted text begin anddeleted text end new text begin a community paramedic as defined
under section 144E.001, subdivision 5f, ornew text end a mental health practitioner defined under section
245.462, subdivision 17, or 245.4871, subdivision 26, working under the general supervision
of a mental health professional; "health care provider" is defined under section 62A.671,
subdivision 3; and "originating site" is defined under section 62A.671, subdivision 7.
new text begin (f) The limit on coverage of three telemedicine services per enrollee per calendar week
does not apply if:
new text end
new text begin (1) the telemedicine services provided by the licensed health care provider are for the
treatment and control of tuberculosis; and
new text end
new text begin (2) the services are provided in a manner consistent with the recommendations and best
practices specified by the Centers for Disease Control and Prevention and the commissioner
of health.
new text end
Sec. 9.
Minnesota Statutes 2016, section 256B.0625, subdivision 13, is amended to read:
Subd. 13.
Drugs.
(a) Medical assistance covers drugs, except for fertility drugs when
specifically used to enhance fertility, if prescribed by a licensed practitioner and dispensed
by a licensed pharmacist, by a physician enrolled in the medical assistance program as a
dispensing physician, or by a physician, physician assistant, or a nurse practitioner employed
by or under contract with a community health board as defined in section 145A.02,
subdivision 5, for the purposes of communicable disease control.
(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply,
unless authorized by the commissioner.
(c) For the purpose of this subdivision and subdivision 13d, an "active pharmaceutical
ingredient" is defined as a substance that is represented for use in a drug and when used in
the manufacturing, processing, or packaging of a drug becomes an active ingredient of the
drug product. An "excipient" is defined as an inert substance used as a diluent or vehicle
for a drug. The commissioner shall establish a list of active pharmaceutical ingredients and
excipients which are included in the medical assistance formulary. Medical assistance covers
selected active pharmaceutical ingredients and excipients used in compounded prescriptions
when the compounded combination is specifically approved by the commissioner or when
a commercially available product:
(1) is not a therapeutic option for the patient;
(2) does not exist in the same combination of active ingredients in the same strengths
as the compounded prescription; and
(3) cannot be used in place of the active pharmaceutical ingredient in the compounded
prescription.
(d) Medical assistance covers the following over-the-counter drugs when prescribed by
a licensed practitioner or by a licensed pharmacist who meets standards established by the
commissioner, in consultation with the board of pharmacy: antacids, acetaminophen, family
planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults
with documented vitamin deficiencies, vitamins for children under the age of seven and
pregnant or nursing women, and any other over-the-counter drug identified by the
commissioner, in consultation with the formulary committee, as necessary, appropriate, and
cost-effective for the treatment of certain specified chronic diseases, conditions, or disorders,
and this determination shall not be subject to the requirements of chapter 14. A pharmacist
may prescribe over-the-counter medications as provided under this paragraph for purposes
of receiving reimbursement under Medicaid. When prescribing over-the-counter drugs under
this paragraph, licensed pharmacists must consult with the recipient to determine necessity,
provide drug counseling, review drug therapy for potential adverse interactions, and make
referrals as needed to other health care professionals. deleted text begin Over-the-counter medications must
be dispensed in a quantity that is the lowest of: (1) the number of dosage units contained in
the manufacturer's original package; (2) the number of dosage units required to complete
the patient's course of therapy; or (3) if applicable, the number of dosage units dispensed
from a system using retrospective billing, as provided under subdivision 13e, paragraph
(b).
deleted text end
(e) Effective January 1, 2006, medical assistance shall not cover drugs that are coverable
under Medicare Part D as defined in the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), for individuals eligible
for drug coverage as defined in the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, Public Law 108-173, section 1860D-1(a)(3)(A). For these
individuals, medical assistance may cover drugs from the drug classes listed in United States
Code, title 42, section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to
13g, except that drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall
not be covered.
(f) Medical assistance covers drugs acquired through the federal 340B Drug Pricing
Program and dispensed by 340B covered entities and ambulatory pharmacies under common
ownership of the 340B covered entity. Medical assistance does not cover drugs acquired
through the federal 340B Drug Pricing Program and dispensed by 340B contract pharmacies.
Sec. 10.
Minnesota Statutes 2016, section 256B.0625, subdivision 13e, is amended to
read:
Subd. 13e.
Payment rates.
(a) new text begin Effective January 1, 2019, or upon federal approval,
whichever is later, new text end the basis for determining the amount of payment shall be the lower of
the deleted text begin actual acquisition costsdeleted text end new text begin ingredient costnew text end of the drugs deleted text begin or the maximum allowable cost by
the commissionerdeleted text end plus the deleted text begin fixeddeleted text end new text begin professionalnew text end dispensing fee; or the usual and customary
price charged to the public. new text begin The usual and customary price is defined as the lowest price
charged by the provider to a patient who pays for the prescription by cash, check, or charge
account and includes those prices the pharmacy charges to customers enrolled in a
prescription savings club or prescription discount club administered by the pharmacy or
pharmacy chain. new text end The amount of payment basis must be reduced to reflect all discount
amounts applied to the charge by any new text begin third-party new text end provider/insurer agreement or contract for
submitted charges to medical assistance programs. The net submitted charge may not be
greater than the patient liability for the service. The deleted text begin pharmacydeleted text end new text begin professionalnew text end dispensing fee
shall be deleted text begin $3.65deleted text end new text begin $10.48new text end for deleted text begin legend prescription drugsdeleted text end new text begin prescriptions filled with legend drugs
meeting the definition of "covered outpatient drugs" according to United States Code, title
42, section 1396r-8, paragraph (k), clause (2)new text end , except that the dispensing fee for intravenous
solutions which must be compounded by the pharmacist shall be deleted text begin $8deleted text end new text begin $10.48new text end per bagdeleted text begin , $14
per bag for cancer chemotherapy products, and $30 per bag for total parenteral nutritional
products dispensed in one liter quantities, or $44 per bag for total parenteral nutritional
products dispensed in quantities greater than one literdeleted text end . new text begin The professional dispensing fee for
prescriptions filled with over-the-counter drugs meeting the definition of covered outpatient
drugs shall be $10.48 for dispensed quantities equal to or greater than the number of units
contained in the manufacturer's original package. The professional dispensing fee shall be
prorated based on the percentage of the package dispensed when the pharmacy dispenses
a quantity less than the number of units contained in the manufacturer's original package.
new text end The pharmacy dispensing fee for new text begin prescribed new text end over-the-counter drugs new text begin not meeting the definition
of covered outpatient drugs new text end shall be $3.65deleted text begin , except that the fee shall be $1.31 for
retrospectively billing pharmacies when billing for quantities less than the number of units
contained in the manufacturer's original package. Actual acquisition cost includes quantity
and other special discounts except time and cash discounts. The actual acquisitiondeleted text end deleted text begin cost of
a drug shall be estimated by the commissioner at wholesale acquisition cost plus four percent
for independently owned pharmacies located in a designated rural area within Minnesota,
and at wholesale acquisition cost plus two percent for all other pharmacies. A pharmacy is
"independently owned" if it is one of four or fewer pharmacies under the same ownership
nationally. A "designated rural area" means an area defined as a small rural area or isolated
rural area according to the four-category classification of the Rural Urban Commuting Area
system developed for the United States Health Resources and Services Administration.
Effective January 1, 2014, the actual acquisitiondeleted text end new text begin for quantities equal to or greater than the
number of units contained in the manufacturer's original package and shall be prorated based
on the percentage of the package dispensed when the pharmacy dispenses a quantity less
than the number of units contained in the manufacturer's original package. The National
Average Drug Acquisition Cost (NADAC) shall be used to determine the ingredient cost
of a drug. new text end new text begin For drugs for which a NADAC is not reported, the commissioner shall estimate
the ingredient cost at wholesale acquisition cost minus two percent. The commissioner shall
establish the ingredient new text end cost of a drug acquired through the federal 340B Drug Pricing
Program deleted text begin shall be estimated by the commissioner at wholesale acquisition cost minus 40
percentdeleted text end new text begin at a 340B Drug Pricing Program maximum allowable cost. The 340B Drug Pricing
Program maximum allowable cost shall be comparable to, but no higher than, the 340B
Drug Pricing Program ceiling price established by the Health Resources and Services
Administrationnew text end . Wholesale acquisition cost is defined as the manufacturer's list price for a
drug or biological to wholesalers or direct purchasers in the United States, not including
prompt pay or other discounts, rebates, or reductions in price, for the most recent month for
which information is available, as reported in wholesale price guides or other publications
of drug or biological pricing data. The maximum allowable cost of a multisource drug may
be set by the commissioner and it shall be comparable todeleted text begin , butdeleted text end new text begin the actual acquisition cost of
the drug product andnew text end no higher than, the maximum amount paid by other third-party payors
in this state who have maximum allowable cost programsnew text begin and no higher than the NADAC
of the generic productnew text end . Establishment of the amount of payment for drugs shall not be subject
to the requirements of the Administrative Procedure Act.
(b) Pharmacies dispensing prescriptions to residents of long-term care facilities using
an automated drug distribution system meeting the requirements of section 151.58, or a
packaging system meeting the packaging standards set forth in Minnesota Rules, part
6800.2700, that govern the return of unused drugs to the pharmacy for reuse, may employ
retrospective billing for prescription drugs dispensed to long-term care facility residents. A
retrospectively billing pharmacy must submit a claim only for the quantity of medication
used by the enrolled recipient during the defined billing period. A retrospectively billing
pharmacy must use a billing period not less than one calendar month or 30 days.
(c) deleted text begin An additional dispensing fee of $.30 may be added to the dispensing fee paid to
pharmacists for legend drug prescriptions dispensed to residents of long-term care facilities
when a unit dose blister card system, approved by the department, is used. Under this type
of dispensing system, the pharmacist must dispense a 30-day supply of drug. The National
Drug Code (NDC) from the drug container used to fill the blister card must be identified
on the claim to the department. The unit dose blister card containing the drug must meet
the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return
of unused drugs to the pharmacy for reuse.deleted text end A pharmacy provider using packaging that meets
the standards set forth in Minnesota Rules, part 6800.2700, is required to credit the
department for the actual acquisition cost of all unused drugs that are eligible for reuse,
unless the pharmacy is using retrospective billing. The commissioner may permit the drug
clozapine to be dispensed in a quantity that is less than a 30-day supply.
(d) deleted text begin Whenever a maximum allowable cost has been set fordeleted text end new text begin If a pharmacy dispensesnew text end a
multisource drug, deleted text begin payment shall be the lower of the usual and customary price charged to
the public ordeleted text end the new text begin ingredient cost shall be the NADAC of the generic product or the new text end maximum
allowable cost established by the commissioner unless prior authorization for the brand
name product has been granted according to the criteria established by the Drug Formulary
Committee as required by subdivision 13f, paragraph (a), and the prescriber has indicated
"dispense as written" on the prescription in a manner consistent with section 151.21,
subdivision 2.
(e) The basis for determining the amount of payment for drugs administered in an
outpatient setting shall be the lower of the usual and customary cost submitted by the
provider, 106 percent of the average sales price as determined by the United States
Department of Health and Human Services pursuant to title XVIII, section 1847a of the
federal Social Security Act, the specialty pharmacy rate, or the maximum allowable cost
set by the commissioner. If average sales price is unavailable, the amount of payment must
be lower of the usual and customary cost submitted by the provider, the wholesale acquisition
cost, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner.
Effective January 1, deleted text begin 2014deleted text end new text begin 2019, or upon federal approval, whichever is laternew text end , the
commissioner shall discount the payment rate for drugs obtained through the federal 340B
Drug Pricing Program by deleted text begin 20deleted text end new text begin 28.6new text end percent. The payment for drugs administered in an
outpatient setting shall be made to the administering facility or practitioner. A retail or
specialty pharmacy dispensing a drug for administration in an outpatient setting is not
eligible for direct reimbursement.
(f) The commissioner may deleted text begin negotiate lower reimbursement ratesdeleted text end new text begin establish maximum
allowable cost ratesnew text end for specialty pharmacy products deleted text begin than the ratesdeleted text end new text begin that are lower than the
ingredient cost formulasnew text end specified in paragraph (a). The commissioner may require
individuals enrolled in the health care programs administered by the department to obtain
specialty pharmacy products from providers deleted text begin with whom the commissioner has negotiated
lower reimbursement ratesdeleted text end new text begin able to provide enhanced clinical services and willing to accept
the specialty pharmacy reimbursementnew text end . Specialty pharmacy products are defined as those
used by a small number of recipients or recipients with complex and chronic diseases that
require expensive and challenging drug regimens. Examples of these conditions include,
but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis C, growth
hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms of cancer.
Specialty pharmaceutical products include injectable and infusion therapies, biotechnology
drugs, antihemophilic factor products, high-cost therapies, and therapies that require complex
care. The commissioner shall consult with the formulary committee to develop a list of
specialty pharmacy products subject to deleted text begin this paragraphdeleted text end new text begin maximum allowable cost
reimbursementnew text end . In consulting with the formulary committee in developing this list, the
commissioner shall take into consideration the population served by specialty pharmacy
products, the current delivery system and standard of care in the state, and access to care
issues. The commissioner shall have the discretion to adjust the deleted text begin reimbursement ratedeleted text end new text begin maximum
allowable costnew text end to prevent access to care issues.
(g) Home infusion therapy services provided by home infusion therapy pharmacies must
be paid at rates according to subdivision 8d.
Sec. 11.
Minnesota Statutes 2016, section 256B.0625, subdivision 13f, is amended to read:
Subd. 13f.
Prior authorization.
(a) The Formulary Committee shall review and
recommend drugs which require prior authorization. The Formulary Committee shall
establish general criteria to be used for the prior authorization of brand-name drugs for
which generically equivalent drugs are available, but the committee is not required to review
each brand-name drug for which a generically equivalent drug is available.
(b) Prior authorization may be required by the commissioner before certain formulary
drugs are eligible for payment. The Formulary Committee may recommend drugs for prior
authorization directly to the commissioner. The commissioner may also request that the
Formulary Committee review a drug for prior authorization. Before the commissioner may
require prior authorization for a drug:
(1) the commissioner must provide information to the Formulary Committee on the
impact that placing the drug on prior authorization may have on the quality of patient care
and on program costs, information regarding whether the drug is subject to clinical abuse
or misuse, and relevant data from the state Medicaid program if such data is available;
(2) the Formulary Committee must review the drug, taking into account medical and
clinical data and the information provided by the commissioner; and
(3) the Formulary Committee must hold a public forum and receive public comment for
an additional 15 days.
The commissioner must provide a 15-day notice period before implementing the prior
authorization.
(c) Except as provided in subdivision 13j, prior authorization shall not be required or
utilized for any atypical antipsychotic drug prescribed for the treatment of mental illness
if:
(1) there is no generically equivalent drug available; and
(2) the drug was initially prescribed for the recipient prior to July 1, 2003; or
(3) the drug is part of the recipient's current course of treatment.
This paragraph applies to any multistate preferred drug list or supplemental drug rebate
program established or administered by the commissioner. Prior authorization shall
automatically be granted for 60 days for brand name drugs prescribed for treatment of mental
illness within 60 days of when a generically equivalent drug becomes available, provided
that the brand name drug was part of the recipient's course of treatment at the time the
generically equivalent drug became available.
deleted text begin (d) Prior authorization shall not be required or utilized for any antihemophilic factor
drug prescribed for the treatment of hemophilia and blood disorders where there is no
generically equivalent drug available if the prior authorization is used in conjunction with
any supplemental drug rebate program or multistate preferred drug list established or
administered by the commissioner.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The commissioner may require prior authorization for brand name drugs whenever
a generically equivalent product is available, even if the prescriber specifically indicates
"dispense as written-brand necessary" on the prescription as required by section 151.21,
subdivision 2.
deleted text begin (f)deleted text end new text begin (e)new text end Notwithstanding this subdivision, the commissioner may automatically require
prior authorization, for a period not to exceed 180 days, for any drug that is approved by
the United States Food and Drug Administration on or after July 1, 2005. The 180-day
period begins no later than the first day that a drug is available for shipment to pharmacies
within the state. The Formulary Committee shall recommend to the commissioner general
criteria to be used for the prior authorization of the drugs, but the committee is not required
to review each individual drug. In order to continue prior authorizations for a drug after the
180-day period has expired, the commissioner must follow the provisions of this subdivision.
Sec. 12.
Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:
new text begin Subd. 17d.new text end
new text begin Transportation services oversight.new text end
new text begin The commissioner shall contract with
a vendor or dedicate staff for oversight of providers of nonemergency medical transportation
services pursuant to the commissioner's authority in section 256B.04 and Minnesota Rules,
parts 9505.2160 to 9505.2245.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 13.
Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:
new text begin Subd. 17e.new text end
new text begin Transportation provider termination.new text end
new text begin (a) A terminated nonemergency
medical transportation provider, including all named individuals on the current enrollment
disclosure form and known or discovered affiliates of the nonemergency medical
transportation provider, is not eligible to enroll as a nonemergency medical transportation
provider for five years following the termination.
new text end
new text begin (b) After the five-year period in paragraph (a), if a provider seeks to reenroll as a
nonemergency medical transportation provider, the nonemergency medical transportation
provider must be placed on a one-year probation period. During a provider's probation
period, the commissioner shall complete unannounced site visits and request documentation
to review compliance with program requirements.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 14.
Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:
new text begin Subd. 17f.new text end
new text begin Transportation provider training.new text end
new text begin The commissioner shall make available
to providers of nonemergency medical transportation and all drivers training materials and
online training opportunities regarding documentation requirements, documentation
procedures, and penalties for failing to meet documentation requirements.
new text end
Sec. 15.
new text begin [256B.758] REIMBURSEMENT FOR DOULA SERVICES.
new text end
new text begin Effective for services provided on or after July 1, 2018, payments for doula services
provided by a certified doula shall be $47 per prenatal or postpartum visit, up to a total of
six visits; and $488 for attending and providing doula services at a birth.
new text end
Sec. 16. new text begin COVERED OUTPATIENT DRUG RULE.
new text end
new text begin The commissioner of human services shall collaborate with the Minnesota Hospital
Association, the Minnesota Pharmacists Association, the Minnesota College of Pharmacy,
and other affected stakeholders to assess the impact of implementing the federal 2017
Covered Outpatient Drug Rule and develop a proposal to minimize negative impacts to
medical assistance enrollees and providers. The commissioner shall report the proposal to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance by February 15, 2019.
new text end
Sec. 17. new text begin PAIN MANAGEMENT.
new text end
new text begin (a) The Health Services Policy Committee established under Minnesota Statutes, section
256B.0625, subdivision 3c, shall evaluate and make recommendations on the integration
of nonpharmacologic pain management that are clinically viable and sustainable; reduce or
eliminate chronic pain conditions; improve functional status; and prevent addiction and
reduce dependence on opiates or other pain medications. The recommendations must be
based on best practices for the effective treatment of musculoskeletal pain provided by
health practitioners identified in paragraph (b), and covered under medical assistance. Each
health practitioner represented under paragraph (b) shall present the minimum best integrated
practice recommendations, policies, and scientific evidence for nonpharmacologic treatment
options for eliminating pain and improving functional status within their full professional
scope. Recommendations for integration of services may include guidance regarding
screening for co-occurring behavioral health diagnoses; protocols for communication between
all providers treating a unique individual, including protocols for follow-up; and universal
mechanisms to assess improvements in functional status.
new text end
new text begin (b) In evaluating and making recommendations, the Health Services Policy Committee
shall consult and collaborate with the following health practitioners: acupuncture practitioners
licensed under Minnesota Statutes, chapter 147B; chiropractors licensed under Minnesota
Statutes, sections 148.01 to 148.10; physical therapists licensed under Minnesota Statutes,
sections 148.68 to 148.78; medical and osteopathic physicians licensed under Minnesota
Statutes, chapter 147, and advanced practice registered nurses licensed under Minnesota
Statutes, sections 148.171 to 148.285, with experience in providing primary care
collaboratively within a multidisciplinary team of health care practitioners who employ
nonpharmacologic pain therapies; and psychologists licensed under Minnesota Statutes,
section 148.907.
new text end
new text begin (c) The commissioner shall submit a progress report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance by January 15, 2019, and shall report final recommendations by August
1, 2019. The final report may also contain recommendations for developing and implementing
a pilot program to assess the clinical viability, sustainability, and effectiveness of integrated
nonpharmacologic, multidisciplinary treatments for managing musculoskeletal pain and
improving functional status.
new text end
Sec. 18. new text begin CONTRACT TO RECOVER THIRD-PARTY LIABILITY.
new text end
new text begin The commissioner shall contract with a vendor to implement a health insurance third-party
liability recovery program for medical assistance and MinnesotaCare. Under the terms of
the contract, the vendor shall be reimbursed using a percentage of the funds recovered. All
money recovered that remains after reimbursement of the vendor and the return of any
federal funds is available for operation of the medical assistance and MinnesotaCare
programs. The use of this money must be authorized in law by the legislature.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective July 1, 2018.
new text end
Sec. 19. new text begin MINNESOTA HEALTH POLICY COMMISSION; FIRST
APPOINTMENTS; FIRST MEETING.
new text end
new text begin The Health Policy Commission Advisory Council shall make its recommendations under
Minnesota Statutes, section 62J.90, subdivision 9, for candidates to serve on the Minnesota
Health Policy Commission to the Legislative Coordinating Commission by September 30,
2018. The Legislative Coordinating Commission shall make the first appointments of public
members to the Minnesota Health Policy Commission under Minnesota Statutes, section
62J.90, by January 15, 2019. The Legislative Coordinating Commission shall designate five
members to serve terms that are coterminous with the governor and six members to serve
terms that end on the first Monday in January one year after the terms of the other members
conclude. The director of the Legislative Coordinating Commission shall convene the first
meeting of the Minnesota Health Policy Commission by June 15, 2019, and shall act as the
chair until the commission elects a chair at its first meeting.
new text end
Sec. 20. new text begin REPEALER.
new text end
new text begin Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 31c,new text end new text begin is repealed.
new text end
ARTICLE 35
HEALTH DEPARTMENT
Section 1.
Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 2, is
amended to read:
Subd. 2.
Boring.
"Boring" means a hole or excavation that deleted text begin is not used to extract water
deleted text end deleted text begin anddeleted text end includes exploratory borings, bored geothermal heat exchangers, new text begin temporary borings,
new text end and elevator borings.
Sec. 2.
Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 8a, is amended
to read:
Subd. 8a.
Environmental well.
"Environmental well" means an excavation 15 or more
feet in depth that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed
to:
(1) conduct physical, chemical, or biological testing of groundwater, and includes a
groundwater quality monitoring or sampling well;
(2) lower a groundwater level to control or remove contamination in groundwater, and
includes a remedial well and excludes horizontal trenches; or
(3) monitor or measure physical, chemical, radiological, or biological parameters of the
earth and earth fluids, or for vapor recovery or venting systems. An environmental well
includes an excavation used to:
(i) measure groundwater levels, including a piezometer;
(ii) determine groundwater flow direction or velocity;
(iii) measure earth properties such as hydraulic conductivity, bearing capacity, or
resistance;
(iv) obtain samples of geologic materials for testing or classification; or
(v) remove or remediate pollution or contamination from groundwater or soil through
the use of a vent, vapor recovery system, or sparge point.
new text begin An environmental well does not include an exploratory boring.
new text end
Sec. 3.
Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 17a, is amended
to read:
Subd. 17a.
Temporary deleted text begin environmental welldeleted text end new text begin boringnew text end .
deleted text begin "Temporary environmental well"
means an environmental well as defined in section 103I.005, subdivision 8a, that is sealed
within 72 hours of the time construction on the well begins.deleted text end new text begin "Temporary boring" means an
excavation that is 15 feet or more in depth that is sealed within 72 hours of the start of
construction and is drilled, cored, washed, driven, dug, jetted, or otherwise constructed to:
new text end
new text begin (1) conduct physical, chemical, or biological testing of groundwater, including
groundwater quality monitoring;
new text end
new text begin (2) monitor or measure physical, chemical, radiological, or biological parameters of
earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or
resistance;
new text end
new text begin (3) measure groundwater levels, including use of a piezometer;
new text end
new text begin (4) determine groundwater flow direction or velocity; or
new text end
new text begin (5) collect samples of geologic materials for testing or classification, or soil vapors for
testing or extraction.
new text end
Sec. 4.
Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 1, is amended
to read:
Subdivision 1.
Notification required.
(a) Except as provided in paragraph (d), a person
may not construct a water-supply, dewatering, or environmental well until a notification of
the proposed well on a form prescribed by the commissioner is filed with the commissioner
with the filing fee in section 103I.208, and, when applicable, the person has met the
requirements of paragraph (e). If after filing the well notification an attempt to construct a
well is unsuccessful, a new notification is not required unless the information relating to
the successful well has substantially changed. A notification is not required prior to
construction of a temporary deleted text begin environmental welldeleted text end new text begin boringnew text end .
(b) The property owner, the property owner's agent, or the licensed contractor where a
well is to be located must file the well notification with the commissioner.
(c) The well notification under this subdivision preempts local permits and notifications,
and counties or home rule charter or statutory cities may not require a permit or notification
for wells unless the commissioner has delegated the permitting or notification authority
under section 103I.111.
(d) A person who is an individual that constructs a drive point water-supply well on
property owned or leased by the individual for farming or agricultural purposes or as the
individual's place of abode must notify the commissioner of the installation and location of
the well. The person must complete the notification form prescribed by the commissioner
and mail it to the commissioner by ten days after the well is completed. A fee may not be
charged for the notification. A person who sells drive point wells at retail must provide
buyers with notification forms and informational materials including requirements regarding
wells, their location, construction, and disclosure. The commissioner must provide the
notification forms and informational materials to the sellers.
(e) When the operation of a well will require an appropriation permit from the
commissioner of natural resources, a person may not begin construction of the well until
the person submits the following information to the commissioner of natural resources:
(1) the location of the well;
(2) the formation or aquifer that will serve as the water source;
(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will be
requested in the appropriation permit; and
(4) other information requested by the commissioner of natural resources that is necessary
to conduct the preliminary assessment required under section 103G.287, subdivision 1,
paragraph (c).
The person may begin construction after receiving preliminary approval from the
commissioner of natural resources.
Sec. 5.
Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 4, is amended
to read:
Subd. 4.
License required.
(a) Except as provided in paragraph (b), (c), (d), or (e),
section 103I.401, subdivision 2, or 103I.601, subdivision 2, a person may not drill, construct,
repair, or seal a well or boring unless the person has a well contractor's license in possession.
(b) A person may construct, repair, and seal an environmental well new text begin or temporary boring
new text end if the person:
(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches
of civil or geological engineering;
(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;
(3) is a professional geoscientist licensed under sections 326.02 to 326.15;
(4) is a geologist certified by the American Institute of Professional Geologists; or
(5) meets the qualifications established by the commissioner in rule.
A person must be licensed by the commissioner as an environmental well contractor on
forms provided by the commissioner.
(c) A person may do the following work with a limited well/boring contractor's license
in possession. A separate license is required for each of the four activities:
(1) installing, repairing, and modifying well screens, pitless units and pitless adaptors,
well pumps and pumping equipment, and well casings from the pitless adaptor or pitless
unit to the upper termination of the well casing;
(2) sealing wells and borings;
(3) constructing, repairing, and sealing dewatering wells; or
(4) constructing, repairing, and sealing bored geothermal heat exchangers.
(d) A person may construct, repair, and seal an elevator boring with an elevator boring
contractor's license.
(e) Notwithstanding other provisions of this chapter requiring a license, a license is not
required for a person who complies with the other provisions of this chapter if the person
is:
(1) an individual who constructs a water-supply well on land that is owned or leased by
the individual and is used by the individual for farming or agricultural purposes or as the
individual's place of abode;new text begin or
new text end
(2) an individual who performs labor or services for a contractor licensed under the
provisions of this chapter in connection with the construction, sealing, or repair of a well
or boring at the direction and under the personal supervision of a contractor licensed under
the provisions of this chapterdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin (3) a licensed plumber who is repairing submersible pumps or water pipes associated
with well water systems if: (i) the repair location is within an area where there is no licensed
well contractor within 50 miles, and (ii) the licensed plumber complies with all relevant
sections of the plumbing code.
deleted text end
Sec. 6.
Minnesota Statutes 2016, section 103I.205, subdivision 9, is amended to read:
Subd. 9.
Report of work.
Within deleted text begin 30deleted text end new text begin 60new text end days after completion or sealing of a well or
boring, the person doing the work must submit a verified report to the commissioner
containing the information specified by rules adopted under this chapter.
Within 30 days after receiving the report, the commissioner shall send or otherwise
provide access to a copy of the report to the commissioner of natural resources, to the local
soil and water conservation district where the well is located, and to the director of the
Minnesota Geological Survey.
Sec. 7.
Minnesota Statutes 2017 Supplement, section 103I.208, subdivision 1, is amended
to read:
Subdivision 1.
Well notification fee.
The well notification fee to be paid by a property
owner is:
(1) for construction of a water supply well, $275, which includes the state core function
fee;
(2) for a well sealing, $75 for each wellnew text begin or boringnew text end , which includes the state core function
fee, except that a single fee of $75 is required for all temporary deleted text begin environmental wellsdeleted text end new text begin boringsnew text end
recorded on the sealing notification for a single propertydeleted text begin , having depths within a 25 foot
range, anddeleted text end sealed within 72 hours of start of constructionnew text begin , except that temporary borings
less than 25 feet in depth are exempt from the notification and fee requirements in this
chapternew text end ;
(3) for construction of a dewatering well, $275, which includes the state core function
fee, for each dewatering well except a dewatering project comprising five or more dewatering
wells shall be assessed a single fee of $1,375 for the dewatering wells recorded on the
notification; and
(4) for construction of an environmental well, $275, which includes the state core function
fee, except that a single fee of $275 is required for all environmental wells recorded on the
notification that are located on a single property, and except that no fee is required for
construction of a temporary deleted text begin environmental welldeleted text end new text begin boringnew text end .
Sec. 8.
Minnesota Statutes 2017 Supplement, section 103I.235, subdivision 3, is amended
to read:
Subd. 3.
Temporary deleted text begin environmental welldeleted text end new text begin boringnew text end and unsuccessful well exemption.
This section does not apply to temporary deleted text begin environmental wellsdeleted text end new text begin boringsnew text end or unsuccessful wells
that have been sealed by a licensed contractor in compliance with this chapter.
Sec. 9.
Minnesota Statutes 2016, section 103I.301, subdivision 6, is amended to read:
Subd. 6.
Notification required.
A person may not seal a well new text begin or boring new text end until a notification
of the proposed sealing is filed as prescribed by the commissioner.new text begin Temporary borings less
than 25 feet in depth are exempt from the notification requirements in this chapter.
new text end
Sec. 10.
Minnesota Statutes 2017 Supplement, section 103I.601, subdivision 4, is amended
to read:
Subd. 4.
Notification and map of borings.
(a) By ten days before beginning exploratory
boring, an explorer must submit to the commissioner of health a notification of the proposed
boring deleted text begin on a form prescribed by the commissioner,deleted text end new text begin mapnew text end and a fee of $275 deleted text begin for each exploratory
boringdeleted text end .
(b) By ten days before beginning exploratory boring, an explorer must submit to the
commissioners of health and natural resources a county road map new text begin on a single sheet of paper
that is 8-1/2 inches by 11 inches in size andnew text end having a scale of one-half inch equal to one
mile, as prepared by the Department of Transportation, or a 7.5 minute series topographic
map (1:24,000 scale), as prepared by the United States Geological Survey, showing the
location of each proposed exploratory boring to the nearest estimated 40 acre parcel.
Exploratory boring that is proposed on the map may not be commenced later than 180 days
after submission of the map, unless a new map is submitted.
Sec. 11.
new text begin [137.68] ADVISORY COUNCIL ON RARE DISEASES.
new text end
new text begin Subdivision 1.new text end
new text begin Establishment.new text end
new text begin The Board of Regents of the University of Minnesota is
requested to establish an advisory council on rare diseases to provide advice on research,
diagnosis, treatment, and education related to rare diseases. For purposes of this section,
"rare disease" has the meaning given in United States Code, title 21, section 360bb. The
council shall be called the Chloe Barnes Advisory Council on Rare Diseases.
new text end
new text begin Subd. 2.new text end
new text begin Membership.new text end
new text begin (a) The advisory council may consist of public members appointed
by the Board of Regents or a designee according to paragraph (b) and four members of the
legislature appointed according to paragraph (c).
new text end
new text begin (b) The Board of Regents or a designee is requested to appoint the following public
members:
new text end
new text begin (1) three physicians licensed and practicing in the state with experience researching,
diagnosing, or treating rare diseases;
new text end
new text begin (2) one registered nurse or advanced practice registered nurse licensed and practicing
in the state with experience treating rare diseases;
new text end
new text begin (3) at least two hospital administrators, or their designees, from hospitals in the state
that provide care to persons diagnosed with a rare disease. One administrator or designee
appointed under this clause must represent a hospital in which the scope of service focuses
on rare diseases of pediatric patients;
new text end
new text begin (4) three persons age 18 or older who either have a rare disease or are a caregiver of a
person with a rare disease;
new text end
new text begin (5) a representative of a rare disease patient organization that operates in the state;
new text end
new text begin (6) a social worker with experience providing services to persons diagnosed with a rare
disease;
new text end
new text begin (7) a pharmacist with experience with drugs used to treat rare diseases;
new text end
new text begin (8) a dentist licensed and practicing in the state with experience treating rare diseases;
new text end
new text begin (9) a representative of the biotechnology industry;
new text end
new text begin (10) a representative of health plan companies;
new text end
new text begin (11) a medical researcher with experience conducting research on rare diseases;
new text end
new text begin (12) a genetic counselor with experience providing services to persons diagnosed with
a rare disease or caregivers of those persons; and
new text end
new text begin (13) other public members, who may serve on an ad hoc basis.
new text end
new text begin (c) The advisory council shall include two members of the senate, one appointed by the
majority leader and one appointed by the minority leader; and two members of the house
of representatives, one appointed by the speaker of the house and one appointed by the
minority leader.
new text end
new text begin (d) The commissioner of health or a designee, a representative of Mayo Medical School,
and a representative of the University of Minnesota Medical School, shall serve as ex officio,
nonvoting members of the advisory council.
new text end
new text begin (e) Initial appointments to the advisory council shall be made no later than July 1, 2018.
Members appointed according to paragraph (b) shall serve for a term of three years, except
that the initial members appointed according to paragraph (b) shall have an initial term of
two, three, or four years determined by lot by the chairperson. Members appointed according
to paragraph (b) shall serve until their successors have been appointed.
new text end
new text begin Subd. 3.new text end
new text begin Meetings.new text end
new text begin The Board of Regents or a designee is requested to convene the first
meeting of the advisory council no later than September 1, 2018. The advisory council shall
meet at the call of the chairperson or at the request of a majority of advisory council members.
new text end
new text begin Subd. 4.new text end
new text begin Duties.new text end
new text begin (a) The advisory council's duties may include, but are not limited to:
new text end
new text begin (1) in conjunction with the state's medical schools, the state's schools of public health,
and hospitals in the state that provide care to persons diagnosed with a rare disease,
developing resources or recommendations relating to quality of and access to treatment and
services in the state for persons with a rare disease, including but not limited to:
new text end
new text begin (i) a list of existing, publicly accessible resources on research, diagnosis, treatment, and
education relating to rare diseases;
new text end
new text begin (ii) identifying best practices for rare disease care implemented in other states, at the
national level, and at the international level, that will improve rare disease care in the state
and seeking opportunities to partner with similar organizations in other states and countries;
new text end
new text begin (iii) identifying problems faced by patients with a rare disease when changing health
plans, including recommendations on how to remove obstacles faced by these patients to
finding a new health plan and how to improve the ease and speed of finding a new health
plan that meets the needs of patients with a rare disease; and
new text end
new text begin (iv) identifying best practices to ensure health care providers are adequately informed
of the most effective strategies for recognizing and treating rare diseases; and
new text end
new text begin (2) advising, consulting, and cooperating with the Department of Health, the Advisory
Committee on Heritable and Congenital Disorders, and other agencies of state government
in developing information and programs for the public and the health care community
relating to diagnosis, treatment, and awareness of rare diseases.
new text end
new text begin (b) The advisory council shall collect additional topic areas for study and evaluation
from the general public. In order for the advisory council to study and evaluate a topic, the
topic must be approved for study and evaluation by the advisory council.
new text end
new text begin Subd. 5.new text end
new text begin Conflict of interest.new text end
new text begin Advisory council members are subject to the Board of
Regents policy on conflicts of interest.
new text end
new text begin Subd. 6.new text end
new text begin Annual report.new text end
new text begin By January 1 of each year, beginning January 1, 2019, the
advisory council shall report to the chairs and ranking minority members of the legislative
committees with jurisdiction over higher education and health care policy on the advisory
council's activities under subdivision 4 and other issues on which the advisory council may
choose to report.
new text end
Sec. 12.
Minnesota Statutes 2016, section 144.121, subdivision 1a, is amended to read:
Subd. 1a.
Fees for ionizing radiation-producing equipment.
(a) A facility with ionizing
radiation-producing equipment must pay an annual initial or annual renewal registration
fee consisting of a base facility fee of $100 and an additional fee for each radiation source,
as follows:
| (1) | medical or veterinary equipment | $ | 100 | |
| (2) | dental x-ray equipment | $ | 40 | |
| (3) | x-ray equipment not used on humans or animals | $ | 100 | |
| (4) | devices with sources of ionizing radiation not used on humans or animals | $ | 100 | |
| new text begin (5) new text end | new text begin security screening system new text end | new text begin $ new text end | new text begin 100 new text end |
(b) A facility with radiation therapy and accelerator equipment must pay an annual
registration fee of $500. A facility with an industrial accelerator must pay an annual
registration fee of $150.
(c) Electron microscopy equipment is exempt from the registration fee requirements of
this section.
new text begin (d) For purposes of this section, a security screening system means radiation-producing
equipment designed and used for security screening of humans who are in custody of a
correctional or detention facility, and is used by the facility to image and identify contraband
items concealed within or on all sides of a human body. For purposes of this section, a
correctional or detention facility is a facility licensed by the commissioner of corrections
under section 241.021, and operated by a state agency or political subdivision charged with
detection, enforcement, or incarceration in respect to state criminal and traffic laws.
new text end
Sec. 13.
Minnesota Statutes 2016, section 144.121, is amended by adding a subdivision
to read:
new text begin Subd. 9.new text end
new text begin Exemption from examination requirements; operators of security screening
systems.new text end
new text begin (a) An employee of a correctional or detention facility who operates a security
screening system and the facility in which the system is being operated are exempt from
the requirements of subdivisions 5 and 6.
new text end
new text begin (b) An employee of a correctional or detention facility who operates a security screening
system and the facility in which the system is being operated must meet the requirements
of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota
Rules, parts 4717.7000 to 4717.7050. This paragraph expires on December 31 of the year
that the permanent rules adopted by the commissioner governing security screening systems
are published in the State Register.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective 30 days following final enactment.
new text end
Sec. 14.
Minnesota Statutes 2016, section 144.1506, subdivision 2, is amended to read:
Subd. 2.
Expansion grant program.
(a) The commissioner of health shall award primary
care residency expansion grants to eligible primary care residency programs to plan and
implement new residency slots. A planning grant shall not exceed $75,000, and a training
grant shall not exceed $150,000 per new residency slot for the first year, $100,000 for the
second year, and $50,000 for the third year of the new residency slot.new text begin For eligible residency
programs longer than three years, training grants may be awarded for the duration of the
residency, not exceeding an average of $100,000 per residency slot per year.
new text end
(b) Funds may be spent to cover the costs of:
(1) planning related to establishing an accredited primary care residency program;
(2) obtaining accreditation by the Accreditation Council for Graduate Medical Education
or another national body that accredits residency programs;
(3) establishing new residency programs or new resident training slots;
(4) recruitment, training, and retention of new residents and faculty;
(5) travel and lodging for new residents;
(6) faculty, new resident, and preceptor salaries related to new residency slots;
(7) training site improvements, fees, equipment, and supplies required for new primary
care resident training slots; and
(8) supporting clinical education in which trainees are part of a primary care team model.
Sec. 15.
Minnesota Statutes 2016, section 144.225, subdivision 2, is amended to read:
Subd. 2.
Data about births.
(a) Except as otherwise provided in this subdivision, data
pertaining to the birth of a child to a woman who was not married to the child's father when
the child was conceived nor when the child was born, including the original record of birth
and the certified vital record, are confidential data. At the time of the birth of a child to a
woman who was not married to the child's father when the child was conceived nor when
the child was born, the mother may designate demographic data pertaining to the birth as
public. Notwithstanding the designation of the data as confidential, it may be disclosed:
(1) to a parent or guardian of the child;
(2) to the child when the child is 16 years of age or older;
(3) under paragraph (b) or (e); or
(4) pursuant to a court order. For purposes of this section, a subpoena does not constitute
a court order.
(b) Unless the child is adopted, data pertaining to the birth of a child that are not accessible
to the public become public data if 100 years have elapsed since the birth of the child who
is the subject of the data, or as provided under section 13.10, whichever occurs first.
(c) If a child is adopted, data pertaining to the child's birth are governed by the provisions
relating to adoption records, including sections 13.10, subdivision 5; 144.218, subdivision
1; 144.2252; and 259.89.
(d) The name and address of a mother under paragraph (a) and the child's date of birth
may be disclosed to the county social servicesnew text begin , tribal health department,new text end or public health
member of a family services collaborative for purposes of providing services under section
124D.23.
(e) The commissioner of human services shall have access to birth records for:
(1) the purposes of administering medical assistance and the MinnesotaCare program;
(2) child support enforcement purposes; and
(3) other public health purposes as determined by the commissioner of health.
new text begin (f) Tribal child support programs shall have access to birth records for child support
enforcement purposes.
new text end
Sec. 16.
Minnesota Statutes 2016, section 144.225, subdivision 2a, is amended to read:
Subd. 2a.
Health data associated with birth registration.
Information from which an
identification of risk for disease, disability, or developmental delay in a mother or child can
be made, that is collected in conjunction with birth registration or fetal death reporting, is
private data as defined in section 13.02, subdivision 12. The commissioner may disclose to
a new text begin tribal health department or new text end community health board, as defined in section 145A.02,
subdivision 5, health data associated with birth registration which identifies a mother or
child at high risk for serious disease, disability, or developmental delay in order to assure
access to appropriate health, social, or educational services. Notwithstanding the designation
of the private data, the commissioner of human services shall have access to health data
associated with birth registration for:
(1) purposes of administering medical assistance and the MinnesotaCare program; and
(2) for other public health purposes as determined by the commissioner of health.
Sec. 17.
Minnesota Statutes 2016, section 144.225, subdivision 7, is amended to read:
Subd. 7.
Certified birth or death record.
(a) The state registrar or local issuance office
shall issue a certified birth or death record or a statement of no vital record found to an
individual upon the individual's proper completion of an attestation provided by the
commissioner and payment of the required fee:
(1) to a person who has a tangible interest in the requested vital record. A person who
has a tangible interest is:
(i) the subject of the vital record;
(ii) a child of the subject;
(iii) the spouse of the subject;
(iv) a parent of the subject;
(v) the grandparent or grandchild of the subject;
(vi) if the requested record is a death record, a sibling of the subject;
(vii) the party responsible for filing the vital record;
(viii) the legal custodian, guardian or conservator, or health care agent of the subject;
(ix) a personal representative, by sworn affidavit of the fact that the certified copy is
required for administration of the estate;
(x) a successor of the subject, as defined in section 524.1-201, if the subject is deceased,
by sworn affidavit of the fact that the certified copy is required for administration of the
estate;
(xi) if the requested record is a death record, a trustee of a trust by sworn affidavit of
the fact that the certified copy is needed for the proper administration of the trust;
(xii) a person or entity who demonstrates that a certified vital record is necessary for the
determination or protection of a personal or property right, pursuant to rules adopted by the
commissioner; or
(xiii) an adoption agency in order to complete confidential postadoption searches as
required by section 259.83;
(2) to any local, state, new text begin tribal, new text end or federal governmental agency upon request if the certified
vital record is necessary for the governmental agency to perform its authorized duties;
(3) to an attorney upon evidence of the attorney's license;
(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes
of this section, a subpoena does not constitute a court order; or
(5) to a representative authorized by a person under clauses (1) to (4).
(b) The state registrar or local issuance office shall also issue a certified death record to
an individual described in paragraph (a), clause (1), items (ii) to (viii), if, on behalf of the
individual, a licensed mortician furnishes the registrar with a properly completed attestation
in the form provided by the commissioner within 180 days of the time of death of the subject
of the death record. This paragraph is not subject to the requirements specified in Minnesota
Rules, part 4601.2600, subpart 5, item B.
Sec. 18.
new text begin [144.397] STATEWIDE TOBACCO CESSATION SERVICES.
new text end
new text begin (a) The commissioner of health shall administer, or contract for the administration of,
statewide tobacco cessation services to assist Minnesotans who are seeking advice or services
to help them quit using tobacco products. The commissioner shall establish statewide public
awareness activities to inform the public of the availability of the services and encourage
the public to utilize the services because of the dangers and harm of tobacco use and
dependence.
new text end
new text begin (b) Services to be provided may include, but are not limited to:
new text end
new text begin (1) telephone-based coaching and counseling;
new text end
new text begin (2) referrals;
new text end
new text begin (3) written materials mailed upon request;
new text end
new text begin (4) Web-based texting or e-mail services; and
new text end
new text begin (5) free Food and Drug Administration-approved tobacco cessation medications.
new text end
new text begin (c) Services provided must be consistent with evidence-based best practices in tobacco
cessation services. Services provided must be coordinated with employer, health plan
company, and private sector tobacco prevention and cessation services that may be available
to individuals depending on their employment or health coverage.
new text end
Sec. 19.
Minnesota Statutes 2016, section 144A.43, subdivision 11, is amended to read:
Subd. 11.
Medication administration.
"Medication administration" means performing
a set of tasks deleted text begin to ensure a client takes medications, and includesdeleted text end new text begin that includenew text end the following:
(1) checking the client's medication record;
(2) preparing the medication as necessary;
(3) administering the medication to the client;
(4) documenting the administration or reason for not administering the medication; and
(5) reporting to a new text begin registered new text end nurse new text begin or appropriate licensed health professional new text end any concerns
about the medication, the client, or the client's refusal to take the medication.
Sec. 20.
Minnesota Statutes 2016, section 144A.43, is amended by adding a subdivision
to read:
new text begin Subd. 12a.new text end
new text begin Medication reconciliation.new text end
new text begin "Medication reconciliation" means the process
of identifying the most accurate list of all medications the client is taking, including the
name, dosage, frequency, and route by comparing the client record to an external list of
medications obtained from the client, hospital, prescriber, or other provider.
new text end
Sec. 21.
Minnesota Statutes 2016, section 144A.43, subdivision 27, is amended to read:
Subd. 27.
Service deleted text begin plandeleted text end new text begin agreementnew text end .
"Service deleted text begin plandeleted text end new text begin agreementnew text end " means the written deleted text begin plandeleted text end new text begin
agreementnew text end between the client or client's representative and the temporary licensee or licensee
about the services that will be provided to the client.
Sec. 22.
Minnesota Statutes 2016, section 144A.43, subdivision 30, is amended to read:
Subd. 30.
Standby assistance.
"Standby assistance" means the presence of another
person deleted text begin within arm's reach to minimize the risk of injury while performing daily activities
through physical intervention or cuingdeleted text end new text begin to assist a client with an assistive task by providing
cues, oversight, and minimal physical assistancenew text end .
Sec. 23.
Minnesota Statutes 2016, section 144A.472, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Transfers prohibited;deleted text end Changes in ownership.
deleted text begin Anydeleted text end new text begin (a) A new text end home care license
issued by the commissioner may not be transferred to another party. Before acquiring
ownership of new text begin or a controlling interest in new text end a home care provider business, a prospective
deleted text begin applicantdeleted text end new text begin ownernew text end must apply for a new deleted text begin temporarydeleted text end license. A change of ownership is a transfer
of operational control deleted text begin to a different business entitydeleted text end new text begin of the home care provider business new text end and
includes:
(1) transfer of the business to a different or new corporation;
(2) in the case of a partnership, the dissolution or termination of the partnership under
chapter 323A, with the business continuing by a successor partnership or other entity;
(3) relinquishment of control of the provider to another party, including to a contract
management firm that is not under the control of the owner of the business' assets;
(4) transfer of the business by a sole proprietor to another party or entity; or
(5) deleted text begin in the case of a privately held corporation, the change indeleted text end new text begin transfer ofnew text end ownership or
control of 50 percent or more of the deleted text begin outstanding voting stockdeleted text end new text begin controlling interest of a home
care provider business not covered by clauses (1) to (4)new text end .
new text begin (b) An employee who was employed by the previous owner of the home care provider
business prior to the effective date of a change in ownership under paragraph (a), and who
will be employed by the new owner in the same or a similar capacity, shall be treated as if
no change in employer occurred, with respect to orientation, training, tuberculosis testing,
background studies, and competency testing and training on the policies identified in
subdivision 1, clause (14), and subdivision 2, if applicable.
new text end
new text begin (c) Notwithstanding paragraph (b), a new owner of a home care provider business must
ensure that employees of the provider receive and complete training and testing on any
provisions of policies that differ from those of the previous owner, within 90 days after the
date of the change in ownership.
new text end
Sec. 24.
Minnesota Statutes 2017 Supplement, section 144A.472, subdivision 7, is amended
to read:
Subd. 7.
Fees; application, change of ownership, and renewal.
(a) An initial applicant
seeking temporary home care licensure must submit the following application fee to the
commissioner along with a completed application:
(1) for a basic home care provider, $2,100; or
(2) for a comprehensive home care provider, $4,200.
(b) A home care provider who is filing a change of ownership as required under
subdivision 5 must submit the following application fee to the commissioner, along with
the documentation required for the change of ownership:
(1) for a basic home care provider, $2,100; or
(2) for a comprehensive home care provider, $4,200.
(c) For the period ending June 30, 2018, a home care provider who is seeking to renew
the provider's license shall pay a fee to the commissioner based on revenues derived from
the provision of home care services during the calendar year prior to the year in which the
application is submitted, according to the following schedule:
License Renewal Fee
| Provider Annual Revenue | Fee | |
| greater than $1,500,000 | $6,625 | |
| greater than $1,275,000 and no more than $1,500,000 | $5,797 | |
| greater than $1,100,000 and no more than $1,275,000 | $4,969 | |
| greater than $950,000 and no more than $1,100,000 | $4,141 | |
| greater than $850,000 and no more than $950,000 | $3,727 | |
| greater than $750,000 and no more than $850,000 | $3,313 | |
| greater than $650,000 and no more than $750,000 | $2,898 | |
| greater than $550,000 and no more than $650,000 | $2,485 | |
| greater than $450,000 and no more than $550,000 | $2,070 | |
| greater than $350,000 and no more than $450,000 | $1,656 | |
| greater than $250,000 and no more than $350,000 | $1,242 | |
| greater than $100,000 and no more than $250,000 | $828 | |
| greater than $50,000 and no more than $100,000 | $500 | |
| greater than $25,000 and no more than $50,000 | $400 | |
| no more than $25,000 | $200 |
(d) For the period between July 1, 2018, and June 30, 2020, a home care provider who
is seeking to renew the provider's license shall pay a fee to the commissioner in an amount
that is ten percent higher than the applicable fee in paragraph (c). A home care provider's
fee shall be based on revenues derived from the provision of home care services during the
calendar year prior to the year in which the application is submitted.
(e) Beginning July 1, 2020, a home care provider who is seeking to renew the provider's
license shall pay a fee to the commissioner based on revenues derived from the provision
of home care services during the calendar year prior to the year in which the application is
submitted, according to the following schedule:
License Renewal Fee
| Provider Annual Revenue | Fee | |
| greater than $1,500,000 | $7,651 | |
| greater than $1,275,000 and no more than $1,500,000 | $6,695 | |
| greater than $1,100,000 and no more than $1,275,000 | $5,739 | |
| greater than $950,000 and no more than $1,100,000 | $4,783 | |
| greater than $850,000 and no more than $950,000 | $4,304 | |
| greater than $750,000 and no more than $850,000 | $3,826 | |
| greater than $650,000 and no more than $750,000 | $3,347 | |
| greater than $550,000 and no more than $650,000 | $2,870 | |
| greater than $450,000 and no more than $550,000 | $2,391 | |
| greater than $350,000 and no more than $450,000 | $1,913 | |
| greater than $250,000 and no more than $350,000 | $1,434 | |
| greater than $100,000 and no more than $250,000 | $957 | |
| greater than $50,000 and no more than $100,000 | $577 | |
| greater than $25,000 and no more than $50,000 | $462 | |
| no more than $25,000 | $231 |
(f) If requested, the home care provider shall provide the commissioner information to
verify the provider's annual revenues or other information as needed, including copies of
documents submitted to the Department of Revenue.
(g) At each annual renewal, a home care provider may elect to pay the highest renewal
fee for its license category, and not provide annual revenue information to the commissioner.
(h) A temporary license or license applicant, or temporary licensee or licensee that
knowingly provides the commissioner incorrect revenue amounts for the purpose of paying
a lower license fee, shall be subject to a civil penalty in the amount of double the fee the
provider should have paid.
(i)new text begin The fee for failure to comply with the notification requirements of section 144A.473,
subdivision 2, paragraph (c), is $1,000.
new text end
new text begin (j)new text end Fees and penalties collected under this section shall be deposited in the state treasury
and credited to the state government special revenue fund. All fees are nonrefundable. Fees
collected under paragraphs (c), (d), and (e) are nonrefundable even if received before July
1, 2017, for temporary licenses or licenses being issued effective July 1, 2017, or later.
Sec. 25.
Minnesota Statutes 2016, section 144A.473, is amended to read:
144A.473 ISSUANCE OF TEMPORARY LICENSE AND LICENSE RENEWAL.
Subdivision 1.
Temporary license and renewal of license.
(a) The department shall
review each application to determine the applicant's knowledge of and compliance with
Minnesota home care regulations. Before granting a temporary license or renewing a license,
the commissioner may further evaluate the applicant or licensee by requesting additional
information or documentation or by conducting an on-site survey of the applicant to
determine compliance with sections 144A.43 to 144A.482.
(b) Within 14 calendar days after receiving an application for a license, the commissioner
shall acknowledge receipt of the application in writing. The acknowledgment must indicate
whether the application appears to be complete or whether additional information is required
before the application will be considered complete.
(c) Within 90 days after receiving a complete application, the commissioner shall issue
a temporary license, renew the license, or deny the license.
(d) The commissioner shall issue a license that contains the home care provider's name,
address, license level, expiration date of the license, and unique license number. All licensesnew text begin ,
except for temporary licenses issued under subdivision 2,new text end are valid for new text begin up to new text end one year from
the date of issuance.
Subd. 2.
Temporary license.
(a) For new license applicants, the commissioner shall
issue a temporary license for either the basic or comprehensive home care level. A temporary
license is effective for up to one year from the date of issuancenew text begin , except that a temporary
license may be extended according to subdivision 3new text end . Temporary licensees must comply with
sections 144A.43 to 144A.482.
(b) During the temporary license deleted text begin yeardeleted text end new text begin periodnew text end , the commissioner shall survey the temporary
licensee new text begin within 90 calendar daysnew text end after the commissioner is notified or has evidence that the
temporary licensee is providing home care services.
(c) Within five days of beginning the provision of services, the temporary licensee must
notify the commissioner that it is serving clients. The notification to the commissioner may
be mailed or e-mailed to the commissioner at the address provided by the commissioner. If
the temporary licensee does not provide home care services during the temporary license
deleted text begin yeardeleted text end new text begin periodnew text end , then the temporary license expires at the end of the deleted text begin yeardeleted text end new text begin periodnew text end and the applicant
must reapply for a temporary home care license.
(d) A temporary licensee may request a change in the level of licensure prior to being
surveyed and granted a license by notifying the commissioner in writing and providing
additional documentation or materials required to update or complete the changed temporary
license application. The applicant must pay the difference between the application fees
when changing from the basic level to the comprehensive level of licensure. No refund will
be made if the provider chooses to change the license application to the basic level.
(e) If the temporary licensee notifies the commissioner that the licensee has clients within
45 days prior to the temporary license expiration, the commissioner may extend the temporary
license for up to 60 days in order to allow the commissioner to complete the on-site survey
required under this section and follow-up survey visits.
Subd. 3.
Temporary licensee survey.
(a) If the temporary licensee is in substantial
compliance with the survey, the commissioner shall issue either a basic or comprehensive
home care license. If the temporary licensee is not in substantial compliance with the survey,
the commissioner shall new text begin either: (1) new text end not issue a deleted text begin basic or comprehensivedeleted text end license and deleted text begin there will
be no contested hearing right under chapter 14deleted text end new text begin terminate the temporary license; or (2) extend
the temporary license for a period not to exceed 90 days and apply conditions, as permitted
under section 144A.475, subdivision 2, to the extension of a temporary license. If the
temporary licensee is not in substantial compliance with the survey within the time period
of the extension, or if the temporary licensee does not satisfy the license conditions, the
commissioner may deny the licensenew text end .
(b) If the temporary licensee whose basic or comprehensive license has been denied new text begin or
extended with conditions new text end disagrees with the conclusions of the commissioner, then the
new text begin temporary new text end licensee may request a reconsideration by the commissioner or commissioner's
designee. The reconsideration request process must be conducted internally by the
commissioner or commissioner's designee, and chapter 14 does not apply.
(c) The temporary licensee requesting reconsideration must make the request in writing
and must list and describe the reasons why the new text begin temporary new text end licensee disagrees with the decision
to deny the basic or comprehensive home care licensenew text begin or the decision to extend the temporary
license with conditionsnew text end .
(d)new text begin The reconsideration request and supporting documentation must be received by the
commissioner within 15 calendar days after the date the temporary licensee receives the
correction order.
new text end
new text begin (e) A temporary licensee whose license is denied, is permitted to continue operating as
a home care provider during the period of time when:
new text end
new text begin (1) a reconsideration request is in process;
new text end
new text begin (2) an extension of a temporary license is being negotiated;
new text end
new text begin (3) the placement of conditions on a temporary license is being negotiated; or
new text end
new text begin (4) a transfer of home care clients from the temporary licensee to a new home care
provider is in process.
new text end
new text begin (f)new text end A temporary licensee whose license is denied must comply with the requirements
for notification and transfer of clients in section 144A.475, subdivision 5.
Sec. 26.
Minnesota Statutes 2016, section 144A.474, subdivision 2, is amended to read:
Subd. 2.
Types of home care surveys.
(a) "Initial full survey" means the survey of a
new temporary licensee conducted after the department is notified or has evidence that the
temporary licensee is providing home care services to determine if the provider is in
compliance with home care requirements. Initial full surveys must be completed within 14
months after the department's issuance of a temporary basic or comprehensive license.
(b)new text begin "Change in ownership survey" means a full survey of a new licensee due to a change
in ownership. Change in ownership surveys must be completed within six months after the
department's issuance of a new license due to a change in ownership.
new text end
new text begin (c)new text end "Core survey" means periodic inspection of home care providers to determine ongoing
compliance with the home care requirements, focusing on the essential health and safety
requirements. Core surveys are available to licensed home care providers who have been
licensed for three years and surveyed at least once in the past three years with the latest
survey having no widespread violations beyond Level 1 as provided in subdivision 11.
Providers must also not have had any substantiated licensing complaints, substantiated
complaints against the agency under the Vulnerable Adults Act or Maltreatment of Minors
Act, or an enforcement action as authorized in section 144A.475 in the past three years.
(1) The core survey for basic home care providers must review compliance in the
following areas:
(i) reporting of maltreatment;
(ii) orientation to and implementation of the home care bill of rights;
(iii) statement of home care services;
(iv) initial evaluation of clients and initiation of services;
(v) client review and monitoring;
(vi) service deleted text begin plandeleted text end new text begin agreementnew text end implementation and changes to the service deleted text begin plandeleted text end new text begin agreementnew text end ;
(vii) client complaint and investigative process;
(viii) competency of unlicensed personnel; and
(ix) infection control.
(2) For comprehensive home care providers, the core survey must include everything
in the basic core survey plus these areas:
(i) delegation to unlicensed personnel;
(ii) assessment, monitoring, and reassessment of clients; and
(iii) medication, treatment, and therapy management.
deleted text begin (c)deleted text end new text begin (d)new text end "Full survey" means the periodic inspection of home care providers to determine
ongoing compliance with the home care requirements that cover the core survey areas and
all the legal requirements for home care providers. A full survey is conducted for all
temporary licensees deleted text begin anddeleted text end new text begin , for licensees that receive licenses due to an approved change in
ownership,new text end for providers who do not meet the requirements needed for a core survey, and
when a surveyor identifies unacceptable client health or safety risks during a core survey.
A full survey must include all the tasks identified as part of the core survey and any additional
review deemed necessary by the department, including additional observation, interviewing,
or records review of additional clients and staff.
deleted text begin (d)deleted text end new text begin (e)new text end "Follow-up surveys" means surveys conducted to determine if a home care
provider has corrected deficient issues and systems identified during a core survey, full
survey, or complaint investigation. Follow-up surveys may be conducted via phone, e-mail,
fax, mail, or on-site reviews. Follow-up surveys, other than complaint surveys, shall be
concluded with an exit conference and written information provided on the process for
requesting a reconsideration of the survey results.
deleted text begin (e)deleted text end new text begin (f)new text end Upon receiving information alleging that a home care provider has violated or is
currently violating a requirement of sections 144A.43 to 144A.482, the commissioner shall
investigate the complaint according to sections 144A.51 to 144A.54.
Sec. 27.
Minnesota Statutes 2016, section 144A.475, subdivision 1, is amended to read:
Subdivision 1.
Conditions.
(a) The commissioner may refuse to grant a temporary
license, new text begin refuse to grant a license as a result of a change in ownership, refuse to new text end renew a
license, suspend or revoke a license, or impose a conditional license if the home care provider
or owner or managerial official of the home care provider:
(1) is in violation of, or during the term of the license has violated, any of the requirements
in sections 144A.471 to 144A.482;
(2) permits, aids, or abets the commission of any illegal act in the provision of home
care;
(3) performs any act detrimental to the health, safety, and welfare of a client;
(4) obtains the license by fraud or misrepresentation;
(5) knowingly made or makes a false statement of a material fact in the application for
a license or in any other record or report required by this chapter;
(6) denies representatives of the department access to any part of the home care provider's
books, records, files, or employees;
(7) interferes with or impedes a representative of the department in contacting the home
care provider's clients;
(8) interferes with or impedes a representative of the department in the enforcement of
this chapter or has failed to fully cooperate with an inspection, survey, or investigation by
the department;
(9) destroys or makes unavailable any records or other evidence relating to the home
care provider's compliance with this chapter;
(10) refuses to initiate a background study under section 144.057 or 245A.04;
(11) fails to timely pay any fines assessed by the department;
(12) violates any local, city, or township ordinance relating to home care services;
(13) has repeated incidents of personnel performing services beyond their competency
level; or
(14) has operated beyond the scope of the home care provider's license level.
(b) A violation by a contractor providing the home care services of the home care provider
is a violation by the home care provider.
Sec. 28.
Minnesota Statutes 2016, section 144A.475, subdivision 2, is amended to read:
Subd. 2.
Terms to suspension or conditional license.
new text begin (a) new text end A suspension or conditional
license designation may include terms that must be completed or met before a suspension
or conditional license designation is lifted. A conditional license designation may include
restrictions or conditions that are imposed on the provider. Terms for a suspension or
conditional license may include one or more of the following and the scope of each will be
determined by the commissioner:
(1) requiring a consultant to review, evaluate, and make recommended changes to the
home care provider's practices and submit reports to the commissioner at the cost of the
home care provider;
(2) requiring supervision of the home care provider or staff practices at the cost of the
home care provider by an unrelated person who has sufficient knowledge and qualifications
to oversee the practices and who will submit reports to the commissioner;
(3) requiring the home care provider or employees to obtain training at the cost of the
home care provider;
(4) requiring the home care provider to submit reports to the commissioner;
(5) prohibiting the home care provider from taking any new clients for a period of time;
or
(6) any other action reasonably required to accomplish the purpose of this subdivision
and section 144A.45, subdivision 2.
new text begin (b) A home care provider subject to this subdivision may continue operating during the
period of time home care clients are being transferred to other providers.
new text end
Sec. 29.
Minnesota Statutes 2016, section 144A.475, subdivision 5, is amended to read:
Subd. 5.
Plan required.
(a) The process of suspending or revoking a license must include
a plan for transferring affected clients to other providers by the home care provider, which
will be monitored by the commissioner. Within three business days of being notified of the
final revocation or suspension action, the home care provider shall provide the commissioner,
the lead agencies as defined in section 256B.0911, and the ombudsman for long-term care
with the following information:
(1) a list of all clients, including full names and all contact information on file;
(2) a list of each client's representative or emergency contact person, including full names
and all contact information on file;
(3) the location or current residence of each client;
(4) the payor sources for each client, including payor source identification numbers; and
(5) for each client, a copy of the client's service plan, and a list of the types of services
being provided.
(b) The revocation or suspension notification requirement is satisfied by mailing the
notice to the address in the license record. The home care provider shall cooperate with the
commissioner and the lead agencies during the process of transferring care of clients to
qualified providers. Within three business days of being notified of the final revocation or
suspension action, the home care provider must notify and disclose to each of the home
care provider's clients, or the client's representative or emergency contact persons, that the
commissioner is taking action against the home care provider's license by providing a copy
of the revocation or suspension notice issued by the commissioner.
new text begin (c) A home care provider subject to this subdivision may continue operating during the
period of time home care clients are being transferred to other providers.
new text end
Sec. 30.
Minnesota Statutes 2016, section 144A.476, subdivision 1, is amended to read:
Subdivision 1.
Prior criminal convictions; owner and managerial officials.
(a) Before
the commissioner issues a temporary licensenew text begin , issues a license new text end new text begin as a result of an approved
change in ownership,new text end or renews a license, an owner or managerial official is required to
complete a background study under section 144.057. No person may be involved in the
management, operation, or control of a home care provider if the person has been disqualified
under chapter 245C. If an individual is disqualified under section 144.057 or chapter 245C,
the individual may request reconsideration of the disqualification. If the individual requests
reconsideration and the commissioner sets aside or rescinds the disqualification, the individual
is eligible to be involved in the management, operation, or control of the provider. If an
individual has a disqualification under section 245C.15, subdivision 1, and the disqualification
is affirmed, the individual's disqualification is barred from a set aside, and the individual
must not be involved in the management, operation, or control of the provider.
(b) For purposes of this section, owners of a home care provider subject to the background
check requirement are those individuals whose ownership interest provides sufficient
authority or control to affect or change decisions related to the operation of the home care
provider. An owner includes a sole proprietor, a general partner, or any other individual
whose individual ownership interest can affect the management and direction of the policies
of the home care provider.
(c) For the purposes of this section, managerial officials subject to the background check
requirement are individuals who provide direct contact as defined in section 245C.02,
subdivision 11, or individuals who have the responsibility for the ongoing management or
direction of the policies, services, or employees of the home care provider. Data collected
under this subdivision shall be classified as private data on individuals under section 13.02,
subdivision 12.
(d) The department shall not issue any license if the applicant or owner or managerial
official has been unsuccessful in having a background study disqualification set aside under
section 144.057 and chapter 245C; if the owner or managerial official, as an owner or
managerial official of another home care provider, was substantially responsible for the
other home care provider's failure to substantially comply with sections 144A.43 to
144A.482; or if an owner that has ceased doing business, either individually or as an owner
of a home care provider, was issued a correction order for failing to assist clients in violation
of this chapter.
Sec. 31.
Minnesota Statutes 2016, section 144A.479, subdivision 7, is amended to read:
Subd. 7.
Employee records.
The home care provider must maintain current records of
each paid employee, regularly scheduled volunteers providing home care services, and of
each individual contractor providing home care services. The records must include the
following information:
(1) evidence of current professional licensure, registration, or certification, if licensure,
registration, or certification is required by this statute or other rules;
(2) records of orientation, required annual training and infection control training, and
competency evaluations;
(3) current job description, including qualifications, responsibilities, and identification
of staff providing supervision;
(4) documentation of annual performance reviews which identify areas of improvement
needed and training needs;
(5) for individuals providing home care services, verification that deleted text begin requireddeleted text end new text begin anynew text end health
screenings new text begin required by infection control programs established new text end under section 144A.4798
have taken place and the dates of those screenings; and
(6) documentation of the background study as required under section 144.057.
Each employee record must be retained for at least three years after a paid employee, home
care volunteer, or contractor ceases to be employed by or under contract with the home care
provider. If a home care provider ceases operation, employee records must be maintained
for three years.
Sec. 32.
Minnesota Statutes 2016, section 144A.4791, subdivision 1, is amended to read:
Subdivision 1.
Home care bill of rights; notification to client.
(a) The home care
provider shall provide the client or the client's representative a written notice of the rights
under section 144A.44 before the deleted text begin initiation ofdeleted text end new text begin date thatnew text end services new text begin are first provided new text end to that
client. The provider shall make all reasonable efforts to provide notice of the rights to the
client or the client's representative in a language the client or client's representative can
understand.
(b) In addition to the text of the home care bill of rights in section 144A.44, subdivision
1, the notice shall also contain the following statement describing how to file a complaint
with these offices.
"If you have a complaint about the provider or the person providing your home care
services, you may call, write, or visit the Office of Health Facility Complaints, Minnesota
Department of Health. You may also contact the Office of Ombudsman for Long-Term
Care or the Office of Ombudsman for Mental Health and Developmental Disabilities."
The statement should include the telephone number, Web site address, e-mail address,
mailing address, and street address of the Office of Health Facility Complaints at the
Minnesota Department of Health, the Office of the Ombudsman for Long-Term Care, and
the Office of the Ombudsman for Mental Health and Developmental Disabilities. The
statement should also include the home care provider's name, address, e-mail, telephone
number, and name or title of the person at the provider to whom problems or complaints
may be directed. It must also include a statement that the home care provider will not retaliate
because of a complaint.
(c) The home care provider shall obtain written acknowledgment of the client's receipt
of the home care bill of rights or shall document why an acknowledgment cannot be obtained.
The acknowledgment may be obtained from the client or the client's representative.
Acknowledgment of receipt shall be retained in the client's record.
Sec. 33.
Minnesota Statutes 2016, section 144A.4791, subdivision 3, is amended to read:
Subd. 3.
Statement of home care services.
Prior to the deleted text begin initiation ofdeleted text end new text begin date thatnew text end servicesnew text begin
are first provided to the clientnew text end , a home care provider must provide to the client or the client's
representative a written statement which identifies if the provider has a basic or
comprehensive home care license, the services the provider is authorized to provide, and
which services the provider cannot provide under the scope of the provider's license. The
home care provider shall obtain written acknowledgment from the clients that the provider
has provided the statement or must document why the provider could not obtain the
acknowledgment.
Sec. 34.
Minnesota Statutes 2016, section 144A.4791, subdivision 6, is amended to read:
Subd. 6.
Initiation of services.
When a provider deleted text begin initiatesdeleted text end new text begin provides home carenew text end services
deleted text begin anddeleted text end new text begin to a client beforenew text end the individualized review or assessment new text begin by a licensed health
professional or registered nurse as new text end required in subdivisions 7 and 8 deleted text begin has not beendeleted text end new text begin isnew text end completed,
the deleted text begin providerdeleted text end new text begin licensed health professional or registered nursenew text end must complete a temporary
plan deleted text begin and agreementdeleted text end with the client deleted text begin for servicesdeleted text end new text begin and orient staff assigned to deliver services
as identified in the new text end new text begin temporary plannew text end .
Sec. 35.
Minnesota Statutes 2016, section 144A.4791, subdivision 7, is amended to read:
Subd. 7.
Basic individualized client review and monitoring.
(a) When services being
provided are basic home care services, an individualized initial review of the client's needs
and preferences must be conducted at the client's residence with the client or client's
representative. This initial review must be completed within 30 days after the deleted text begin initiation of
thedeleted text end new text begin date thatnew text end home care servicesnew text begin are first providednew text end .
(b) Client monitoring and review must be conducted as needed based on changes in the
needs of the client and cannot exceed 90 days from the date of the last review. The monitoring
and review may be conducted at the client's residence or through the utilization of
telecommunication methods based on practice standards that meet the individual client's
needs.
Sec. 36.
Minnesota Statutes 2016, section 144A.4791, subdivision 8, is amended to read:
Subd. 8.
Comprehensive assessment, monitoring, and reassessment.
(a) When the
services being provided are comprehensive home care services, an individualized initial
assessment must be conducted in person by a registered nurse. When the services are provided
by other licensed health professionals, the assessment must be conducted by the appropriate
health professional. This initial assessment must be completed within five days after deleted text begin initiation
ofdeleted text end new text begin the date thatnew text end home care servicesnew text begin are first providednew text end .
(b) Client monitoring and reassessment must be conducted in the client's home no more
than 14 days after deleted text begin initiation ofdeleted text end new text begin the date that home carenew text end servicesnew text begin are first providednew text end .
(c) Ongoing client monitoring and reassessment must be conducted as needed based on
changes in the needs of the client and cannot exceed 90 days from the last date of the
assessment. The monitoring and reassessment may be conducted at the client's residence
or through the utilization of telecommunication methods based on practice standards that
meet the individual client's needs.
Sec. 37.
Minnesota Statutes 2016, section 144A.4791, subdivision 9, is amended to read:
Subd. 9.
Service deleted text begin plandeleted text end new text begin agreementnew text end , implementation, and revisions to service deleted text begin plandeleted text end new text begin
agreementnew text end .
(a) No later than 14 days after the deleted text begin initiation ofdeleted text end new text begin date that home carenew text end servicesnew text begin are
first providednew text end , a home care provider shall finalize a current written service deleted text begin plandeleted text end new text begin agreementnew text end .
(b) The service deleted text begin plandeleted text end new text begin agreementnew text end and any revisions must include a signature or other
authentication by the home care provider and by the client or the client's representative
documenting agreement on the services to be provided. The service deleted text begin plandeleted text end new text begin agreementnew text end must
be revised, if needed, based on client review or reassessment under subdivisions 7 and 8.
The provider must provide information to the client about changes to the provider's fee for
services and how to contact the Office of the Ombudsman for Long-Term Care.
(c) The home care provider must implement and provide all services required by the
current service deleted text begin plandeleted text end new text begin agreementnew text end .
(d) The service deleted text begin plandeleted text end new text begin agreement new text end and revised service deleted text begin plandeleted text end new text begin agreement new text end must be entered into
the client's record, including notice of a change in a client's fees when applicable.
(e) Staff providing home care services must be informed of the current written service
deleted text begin plandeleted text end new text begin agreementnew text end .
(f) The service deleted text begin plandeleted text end new text begin agreementnew text end must include:
(1) a description of the home care services to be provided, the fees for services, and the
frequency of each service, according to the client's current review or assessment and client
preferences;
(2) the identification of the staff or categories of staff who will provide the services;
(3) the schedule and methods of monitoring reviews or assessments of the client;
(4) deleted text begin the frequency of sessions of supervision of staff and type of personnel who will
deleted text end deleted text begin supervise staffdeleted text end deleted text begin ; anddeleted text end new text begin the schedule and methods of monitoring staff providing home care
services; and
new text end
(5) a contingency plan that includes:
(i) the action to be taken by the home care provider and by the client or client's
representative if the scheduled service cannot be provided;
(ii) information and a method for a client or client's representative to contact the home
care provider;
(iii) names and contact information of persons the client wishes to have notified in an
emergency or if there is a significant adverse change in the client's conditiondeleted text begin , including
identification of and information as to who has authority to sign for the client in an
emergencydeleted text end ; and
(iv) the circumstances in which emergency medical services are not to be summoned
consistent with chapters 145B and 145C, and declarations made by the client under those
chapters.
Sec. 38.
Minnesota Statutes 2016, section 144A.4792, subdivision 1, is amended to read:
Subdivision 1.
Medication management services; comprehensive home care license.
(a) This subdivision applies only to home care providers with a comprehensive home care
license that provide medication management services to clients. Medication management
services may not be provided by a home care provider who has a basic home care license.
(b) A comprehensive home care provider who provides medication management services
must develop, implement, and maintain current written medication management policies
and procedures. The policies and procedures must be developed under the supervision and
direction of a registered nurse, licensed health professional, or pharmacist consistent with
current practice standards and guidelines.
(c) The written policies and procedures must address requesting and receiving
prescriptions for medications; preparing and giving medications; verifying that prescription
drugs are administered as prescribed; documenting medication management activities;
controlling and storing medications; monitoring and evaluating medication use; resolving
medication errors; communicating with the prescriber, pharmacist, and client and client
representative, if any; disposing of unused medications; and educating clients and client
representatives about medications. When controlled substances are being managed, new text begin stored,
and secured by the comprehensive home care provider, new text end the policies and procedures must
also identify how the provider will ensure security and accountability for the overall
management, control, and disposition of those substances in compliance with state and
federal regulations and with subdivision 22.
Sec. 39.
Minnesota Statutes 2016, section 144A.4792, subdivision 2, is amended to read:
Subd. 2.
Provision of medication management services.
(a) For each client who
requests medication management services, the comprehensive home care provider shall,
prior to providing medication management services, have a registered nurse, licensed health
professional, or authorized prescriber under section 151.37 conduct an assessment to
determine what medication management services will be provided and how the services
will be provided. This assessment must be conducted face-to-face with the client. The
assessment must include an identification and review of all medications the client is known
to be taking. The review and identification must include indications for medications, side
effects, contraindications, allergic or adverse reactions, and actions to address these issues.
(b) The assessment mustnew text begin :
new text end
new text begin (1)new text end identify interventions needed in management of medications to prevent diversion of
medication by the client or others who may have access to the medicationsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin (2) provide instructions to the client or client's representative on interventions to manage
the client's medications and prevent diversion of medications.
new text end
"Diversion of medications" means the misuse, theft, or illegal or improper disposition of
medications.
Sec. 40.
Minnesota Statutes 2016, section 144A.4792, subdivision 5, is amended to read:
Subd. 5.
Individualized medication management plan.
(a) For each client receiving
medication management services, the comprehensive home care provider must prepare and
include in the service deleted text begin plandeleted text end new text begin agreementnew text end a written statement of the medication management
services that will be provided to the client. The provider must develop and maintain a current
individualized medication management record for each client based on the client's assessment
that must contain the following:
(1) a statement describing the medication management services that will be provided;
(2) a description of storage of medications based on the client's needs and preferences,
risk of diversion, and consistent with the manufacturer's directions;
(3) documentation of specific client instructions relating to the administration of
medications;
(4) identification of persons responsible for monitoring medication supplies and ensuring
that medication refills are ordered on a timely basis;
(5) identification of medication management tasks that may be delegated to unlicensed
personnel;
(6) procedures for staff notifying a registered nurse or appropriate licensed health
professional when a problem arises with medication management services; and
(7) any client-specific requirements relating to documenting medication administration,
verifications that all medications are administered as prescribed, and monitoring of
medication use to prevent possible complications or adverse reactions.
(b) The medication management record must be current and updated when there are any
changes.
new text begin (c) Medication reconciliation must be completed when a licensed nurse, licensed health
professional, or authorized prescriber is providing medication management.
new text end
Sec. 41.
Minnesota Statutes 2016, section 144A.4792, subdivision 10, is amended to read:
Subd. 10.
Medication management for clients who will be away from home.
(a) A
home care provider who is providing medication management services to the client and
controls the client's access to the medications must develop and implement policies and
procedures for giving accurate and current medications to clients for planned or unplanned
times away from home according to the client's individualized medication management
plan. The policy and procedures must state that:
(1) for planned time away, the medications must be obtained from the pharmacy or set
up by deleted text begin the registereddeleted text end new text begin a licensednew text end nurse according to appropriate state and federal laws and
nursing standards of practice;
(2) for unplanned time away, when the pharmacy is not able to provide the medications,
a licensed nurse or unlicensed personnel shall give the client or client's representative
medications in amounts and dosages needed for the length of the anticipated absence, not
to exceed deleted text begin 120 hoursdeleted text end new text begin seven calendar daysnew text end ;
(3) the client or client's representative must be provided written information on
medications, including any special instructions for administering or handling the medications,
including controlled substances;
(4) the medications must be placed in a medication container or containers appropriate
to the provider's medication system and must be labeled with the client's name and the dates
and times that the medications are scheduled; and
(5) the client or client's representative must be provided in writing the home care
provider's name and information on how to contact the home care provider.
(b) For unplanned time away when the licensed nurse is not available, the registered
nurse may delegate this task to unlicensed personnel if:
(1) the registered nurse has trained the unlicensed staff and determined the unlicensed
staff is competent to follow the procedures for giving medications to clients; and
(2) the registered nurse has developed written procedures for the unlicensed personnel,
including any special instructions or procedures regarding controlled substances that are
prescribed for the client. The procedures must address:
(i) the type of container or containers to be used for the medications appropriate to the
provider's medication system;
(ii) how the container or containers must be labeled;
(iii) the written information about the medications to be given to the client or client's
representative;
(iv) how the unlicensed staff must document in the client's record that medications have
been given to the client or the client's representative, including documenting the date the
medications were given to the client or the client's representative and who received the
medications, the person who gave the medications to the client, the number of medications
that were given to the client, and other required information;
(v) how the registered nurse shall be notified that medications have been given to the
client or client's representative and whether the registered nurse needs to be contacted before
the medications are given to the client or the client's representative; deleted text begin and
deleted text end
(vi) a review by the registered nurse of the completion of this task to verify that this task
was completed accurately by the unlicensed personneldeleted text begin .deleted text end new text begin ; and
new text end
new text begin (vii) how the unlicensed staff must document in the client's record any unused medications
that are returned to the provider, including the name of each medication and the doses of
each returned medication.
new text end
Sec. 42.
Minnesota Statutes 2016, section 144A.4793, subdivision 6, is amended to read:
Subd. 6.
new text begin Treatment and therapy new text end orders deleted text begin or prescriptionsdeleted text end .
There must be an up-to-date
written or electronically recorded order deleted text begin or prescriptiondeleted text end new text begin from an authorized prescribernew text end for
all treatments and therapies. The order must contain the name of the client, a description of
the treatment or therapy to be provided, and the frequencynew text begin , duration,new text end and other information
needed to administer the treatment or therapy.new text begin Treatment and therapy orders must be renewed
at least every 12 months.
new text end
Sec. 43.
Minnesota Statutes 2017 Supplement, section 144A.4796, subdivision 2, is
amended to read:
Subd. 2.
Content.
(a) The orientation must contain the following topics:
(1) an overview of sections 144A.43 to 144A.4798;
(2) introduction and review of all the provider's policies and procedures related to the
provision of home care servicesnew text begin by the individual staff personnew text end ;
(3) handling of emergencies and use of emergency services;
(4) compliance with and reporting of the maltreatment of minors or vulnerable adults
under sections 626.556 and 626.557;
(5) home care bill of rights under section 144A.44;
(6) handling of clients' complaints, reporting of complaints, and where to report
complaints including information on the Office of Health Facility Complaints and the
Common Entry Point;
(7) consumer advocacy services of the Office of Ombudsman for Long-Term Care,
Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care
Ombudsman at the Department of Human Services, county managed care advocates, or
other relevant advocacy services; and
(8) review of the types of home care services the employee will be providing and the
provider's scope of licensure.
(b) In addition to the topics listed in paragraph (a), orientation may also contain training
on providing services to clients with hearing loss. Any training on hearing loss provided
under this subdivision must be high quality and research-based, may include online training,
and must include training on one or more of the following topics:
(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,
and challenges it poses to communication;
(2) health impacts related to untreated age-related hearing loss, such as increased
incidence of dementia, falls, hospitalizations, isolation, and depression; or
(3) information about strategies and technology that may enhance communication and
involvement, including communication strategies, assistive listening devices, hearing aids,
visual and tactile alerting devices, communication access in real time, and closed captions.
Sec. 44.
Minnesota Statutes 2016, section 144A.4797, subdivision 3, is amended to read:
Subd. 3.
Supervision of staff providing delegated nursing or therapy home care
tasks.
(a) Staff who perform delegated nursing or therapy home care tasks must be supervised
by an appropriate licensed health professional or a registered nurse periodically where the
services are being provided to verify that the work is being performed competently and to
identify problems and solutions related to the staff person's ability to perform the tasks.
Supervision of staff performing medication or treatment administration shall be provided
by a registered nurse or appropriate licensed health professional and must include observation
of the staff administering the medication or treatment and the interaction with the client.
(b) The direct supervision of staff performing delegated tasks must be provided within
30 days after the new text begin date on which the new text end individual begins working for the home care providernew text begin
and first performs delegated tasks for clientsnew text end and thereafter as needed based on performance.
This requirement also applies to staff who have not performed delegated tasks for one year
or longer.
Sec. 45.
Minnesota Statutes 2016, section 144A.4798, is amended to read:
144A.4798 deleted text begin EMPLOYEE HEALTH STATUSdeleted text end new text begin DISEASE PREVENTION AND
INFECTION CONTROLnew text end .
Subdivision 1.
Tuberculosis (TB) deleted text begin prevention anddeleted text end new text begin infectionnew text end control.
new text begin (a) new text end A home care
provider must establish and maintain a deleted text begin TB prevention anddeleted text end new text begin comprehensive tuberculosis
infection new text end control program deleted text begin based ondeleted text end new text begin according tonew text end the most current new text begin tuberculosis infection
control new text end guidelines issued by the new text begin United States new text end Centers for Disease Control and Prevention
(CDC)new text begin , Division of Tuberculosis Elimination, as published in the CDC's Morbidity and
Mortality Weekly Reportnew text end . deleted text begin Components of a TB prevention and control program include
screening all staff providing home care services, both paid and unpaid, at the time of hire
for active TB disease and latent TB infection, and developing and implementing a written
TB infection control plan. The commissioner shall make the most recent CDC standards
available to home care providers on the department's Web site.deleted text end new text begin This program must include
a tuberculosis infection control plan that covers all paid and unpaid employees, contractors,
students, and volunteers. The commissioner shall provide technical assistance regarding
implementation of the guidelines.
new text end
new text begin (b) Written evidence of compliance with this subdivision must be maintained by the
home care provider.
new text end
Subd. 2.
Communicable diseases.
A home care provider must follow current deleted text begin federal
or state guidelinesdeleted text end new text begin state requirementsnew text end for prevention, control, and reporting of deleted text begin human
immunodeficiency virus (HIV), hepatitis B virus (HBV), hepatitis C virus, or other
deleted text end communicable diseases as defined in Minnesota Rules, deleted text begin partdeleted text end new text begin partsnew text end 4605.7040new text begin , 4605.7044,
4605.7050, 4605.7075, 4605.7080, and 4605.7090new text end .
new text begin Subd. 3.new text end
new text begin Infection control program.new text end
new text begin A home care provider must establish and maintain
an effective infection control program that complies with accepted health care, medical,
and nursing standards for infection control.
new text end
Sec. 46.
Minnesota Statutes 2016, section 144A.4799, subdivision 1, is amended to read:
Subdivision 1.
Membership.
The commissioner of health shall appoint eight persons
to a home care and assisted living program advisory council consisting of the following:
(1) three public members as defined in section 214.02 who shall be deleted text begin eitherdeleted text end persons who
are currently receiving home care services deleted text begin ordeleted text end new text begin , persons who have received home care services
within five years of the application date, new text end new text begin persons whonew text end have family members receiving home
care services, or persons who have family members who have received home care services
within five years of the application date;
(2) three Minnesota home care licensees representing basic and comprehensive levels
of licensure who may be a managerial official, an administrator, a supervising registered
nurse, or an unlicensed personnel performing home care tasks;
(3) one member representing the Minnesota Board of Nursing; and
(4) one member representing the new text begin Office of new text end Ombudsman for Long-Term Care.
Sec. 47.
Minnesota Statutes 2017 Supplement, section 144A.4799, subdivision 3, is
amended to read:
Subd. 3.
Duties.
(a) At the commissioner's request, the advisory council shall provide
advice regarding regulations of Department of Health licensed home care providers in this
chapter, including advice on the following:
(1) community standards for home care practices;
(2) enforcement of licensing standards and whether certain disciplinary actions are
appropriate;
(3) ways of distributing information to licensees and consumers of home care;
(4) training standards;
(5) identifying emerging issues and opportunities in deleted text begin thedeleted text end home care deleted text begin field, includingdeleted text end new text begin and
assisted living;
new text end
new text begin (6) identifyingnew text end the use of technology in home and telehealth capabilities;
deleted text begin (6)deleted text end new text begin (7)new text end allowable home care licensing modifications and exemptions, including a method
for an integrated license with an existing license for rural licensed nursing homes to provide
limited home care services in an adjacent independent living apartment building owned by
the licensed nursing home; and
deleted text begin (7)deleted text end new text begin (8)new text end recommendations for studies using the data in section 62U.04, subdivision 4,
including but not limited to studies concerning costs related to dementia and chronic disease
among an elderly population over 60 and additional long-term care costs, as described in
section 62U.10, subdivision 6.
(b) The advisory council shall perform other duties as directed by the commissioner.
(c) The advisory council shall annually review the balance of the account in the state
government special revenue fund described in section 144A.474, subdivision 11, paragraph
(i), and make annual recommendations by January 15 directly to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services regarding appropriations to the commissioner for the purposes in section 144A.474,
subdivision 11, paragraph (i).
Sec. 48.
Minnesota Statutes 2016, section 144A.484, subdivision 1, is amended to read:
Subdivision 1.
Integrated licensing established.
deleted text begin (a) From January 1, 2014, to June 30,
2015, the commissioner of health shall enforce the home and community-based services
standards under chapter 245D for those providers who also have a home care license pursuant
to this chapter as required under Laws 2013, chapter 108, article 8, section 60, and article
11, section 31. During this period, the commissioner shall provide technical assistance to
achieve and maintain compliance with applicable law or rules governing the provision of
home and community-based services, including complying with the service recipient rights
notice in subdivision 4, clause (4). If during the survey, the commissioner finds that the
licensee has failed to achieve compliance with an applicable law or rule under chapter 245D
and this failure does not imminently endanger the health, safety, or rights of the persons
served by the program, the commissioner may issue a licensing survey report with
recommendations for achieving and maintaining compliance.
deleted text end
deleted text begin (b) Beginning July 1, 2015,deleted text end A home care provider applicant or license holder may apply
to the commissioner of health for a home and community-based services designation for
the provision of basic support services identified under section 245D.03, subdivision 1,
paragraph (b). The designation allows the license holder to provide basic support services
that would otherwise require licensure under chapter 245D, under the license holder's home
care license governed by sections 144A.43 to deleted text begin 144A.481deleted text end new text begin 144A.4799new text end .
Sec. 49.
Minnesota Statutes 2016, section 145.56, subdivision 2, is amended to read:
Subd. 2.
Community-based programs.
To the extent funds are appropriated for the
purposes of this subdivision, the commissioner shall establish a grant program to fund:
(1) community-based programs to provide education, outreach, and advocacy services
to populations who may be at risk for suicide;
(2) community-based programs that educate community helpers and gatekeepers, such
as family members, spiritual leaders, coaches, and business owners, employers, and
coworkers on how to prevent suicide by encouraging help-seeking behaviors;
(3) community-based programs that educate populations at risk for suicide and community
helpers and gatekeepers that must include information on the symptoms of depression and
other psychiatric illnesses, the warning signs of suicide, skills for preventing suicides, and
making or seeking effective referrals to intervention and community resources;
(4) community-based programs to provide evidence-based suicide prevention and
intervention education to school staff, parents, and students in grades kindergarten through
12, and for students attending Minnesota colleges and universities;
(5) community-based programs to provide evidence-based suicide prevention and
intervention to public school nurses, teachers, administrators, coaches, school social workers,
peace officers, firefighters, emergency medical technicians, advanced emergency medical
technicians, paramedics, primary care providers, and others; deleted text begin and
deleted text end
(6) community-based, evidence-based postvention training to mental health professionals
and practitioners in order to provide technical assistance to communities after a suicide and
to prevent suicide clusters and contagionnew text begin ; and
new text end
new text begin (7) a nonprofit organization to provide crisis telephone counseling services across the
state to people in suicidal crisis or emotional distress, 24 hours a day, seven days a week,
365 days a yearnew text end .
Sec. 50.
Minnesota Statutes 2016, section 146B.03, is amended by adding a subdivision
to read:
new text begin Subd. 7a.new text end
new text begin Supervisors.new text end
new text begin (a) A technician must have been licensed in Minnesota or in a
jurisdiction with which Minnesota has reciprocity for at least:
new text end
new text begin (1) two years as a tattoo technician in order to supervise a temporary tattoo technician;
or
new text end
new text begin (2) one year as a body piercing technician in order to supervise a temporary body piercing
technician.
new text end
new text begin (b) Any technician who agrees to supervise more than two temporary tattoo technicians
during the same time period, or more than four body piercing technicians during the same
time period, must provide to the commissioner a supervisory plan that describes how the
technician will provide supervision to each temporary technician in accordance with section
146B.01, subdivision 28.
new text end
new text begin (c) The commissioner may refuse to approve as a supervisor a technician who has been
disciplined in Minnesota or in another jurisdiction after considering the criteria in section
146B.02, subdivision 10, paragraph (b).
new text end
Sec. 51.
Minnesota Statutes 2016, section 149A.40, subdivision 11, is amended to read:
Subd. 11.
Continuing education.
The commissioner shall require 15 continuing education
hours for renewal of a license to practice mortuary science. Nine of the hours must be in
the following areas: body preparation, care, deleted text begin ordeleted text end handling, new text begin and cremation, new text end 3 CE hours;
professional practices, 3 CE hours; and regulation and ethics, 3 CE hours. Continuing
education hours shall be reported to the commissioner every other year based on the licensee's
license number. Licensees whose license ends in an odd number must report CE hours at
renewal time every odd year. If a licensee's license ends in an even number, the licensee
must report the licensee's CE hours at renewal time every even year.
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to mortuary
science license renewals on or after that date.
new text end
Sec. 52.
Minnesota Statutes 2016, section 149A.95, subdivision 3, is amended to read:
Subd. 3.
Unlicensed personnel.
new text begin (a) new text end A licensed crematory may employ unlicensed
personnel, provided that all applicable provisions of this chapter are followed. It is the duty
of the licensed crematory to provide proper training deleted text begin fordeleted text end new text begin tonew text end all unlicensed personnel and
new text begin ensure that unlicensed personnel performing cremations are in compliance with the
requirements in paragraph (b). new text end The licensed crematory shall be strictly accountable for
compliance with this chapter and other applicable state and federal regulations regarding
occupational and workplace health and safety.
new text begin (b) Unlicensed personnel performing cremations at a licensed crematory must:
new text end
new text begin (1) complete a certified crematory operator course that is approved by the commissioner
and that covers at least the following subjects:
new text end
new text begin (i) cremation and incinerator terminology;
new text end
new text begin (ii) combustion principles;
new text end
new text begin (iii) maintenance of and troubleshooting for cremation devices;
new text end
new text begin (iv) how to operate cremation devices;
new text end
new text begin (v) identification, the use of proper forms, and the record-keeping process for
documenting chain of custody of human remains;
new text end
new text begin (vi) guidelines for recycling, including but not limited to compliance, disclosure, recycling
procedures, and compensation;
new text end
new text begin (vii) legal and regulatory requirements regarding environmental issues, including specific
environmental regulations with which compliance is required; and
new text end
new text begin (viii) cremation ethics;
new text end
new text begin (2) obtain a crematory operator certification;
new text end
new text begin (3) publicly post the crematory operator certification at the licensed crematory where
the unlicensed personnel performs cremations; and
new text end
new text begin (4) maintain crematory operator certification through:
new text end
new text begin (i) recertification, if such recertification is required by the program through which the
unlicensed personnel is certified; or
new text end
new text begin (ii) if recertification is not required by the program, completion of at least seven hours
of continuing education credits in crematory operation every five years.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to unlicensed
personnel performing cremations on or after that date.
new text end
Sec. 53. new text begin AUTISM SPECTRUM DISORDER TASK FORCE PLAN.
new text end
new text begin The commissioner of health, in consultation with the commissioners of human services
and education, shall submit a plan to the chairs and ranking minority members of the
legislative committees with jurisdiction over health care, human services, and education by
January 15, 2019, to reconstitute the Autism Spectrum Disorder Task Force originally
established in 2011. The plan must include proposed membership of the task force that takes
into consideration all points of view and represents a diverse range of agencies, community
groups, advocacy organizations, educators, and families.
new text end
Sec. 54. new text begin VARIANCE TO REQUIREMENT FOR SANITARY DUMPING STATION.
new text end
new text begin Notwithstanding any law or rule to the contrary, the commissioner of health shall provide
a variance to the requirement to provide a sanitary dumping station under Minnesota Rules,
part 4630.0900, for a resort in Hubbard County that is located on an island and is landlocked,
making it impractical to build a sanitary dumping station for use by recreational camping
vehicles and recreational camping on the resort property. There must be an alternative
dumping station available within a 15-mile radius of the resort or a vendor that is available
to pump any self-contained liquid waste system that is located on the resort property.
new text end
Sec. 55. new text begin DIRECTION TO COMMISSIONER OF HEALTH; STRATEGIC PLAN
REGARDING CMV.
new text end
new text begin The commissioner of health, in consultation with interested stakeholders and families
of children diagnosed with human herpesvirus cytomegalovirus (CMV), shall develop a
strategic state plan outlining strategies for:
new text end
new text begin (1) providing information about CMV to health care practitioners;
new text end
new text begin (2) providing information about CMV to women who may become pregnant, to expectant
parents, and to parents of infants; and
new text end
new text begin (3) identifying resources and necessary follow-up for children born with congenital
CMV, and their families.
new text end
Sec. 56. new text begin LEGISLATIVE COMMISSION ON DATA PRACTICES; HEALTH
RECORDS ACT STUDY AND RECOMMENDATIONS.
new text end
new text begin (a) The Legislative Commission on Data Practices and Personal Data Privacy must study
the Minnesota Health Records Act and make recommendations regarding amendments to
Minnesota Statutes, sections 144.291 to 144.298, for improving coordinated health care in
Minnesota.
new text end
new text begin (b) The study and recommendations should consider:
new text end
new text begin (1) current laws, rules, practices, and experiences of health care consumers, providers,
and payers, both public and private, in the state of Minnesota with respect to access to health
records and coordination of health care;
new text end
new text begin (2) the experiences of other states with statutes conforming to the federal Health Insurance
Portability and Accountability Act (HIPAA);
new text end
new text begin (3) the potential benefits and risks to consumer data privacy if the state of Minnesota
conforms to HIPAA standards; and
new text end
new text begin (4) the potential benefits and risks to health care providers and payers, both public and
private, if the state of Minnesota conforms to HIPAA standards.
new text end
new text begin (c) The commission must submit a report and recommendations to the chairs and ranking
minority members of the legislative committees with jurisdiction over data practices and
health care by January 15, 2019.
new text end
Sec. 57. new text begin REVISOR'S INSTRUCTIONS.
new text end
new text begin (a) The revisor of statutes shall change the terms "service plan or service agreement"
and "service agreement or service plan" to "service agreement" in the following sections of
Minnesota Statutes: sections 144A.442; 144D.045; 144G.03, subdivision 4, paragraph (c);
and 144G.04.
new text end
new text begin (b) The revisor of statutes shall change the term "service plan" to "service agreement"
and the term "service plans" to "service agreements" in the following sections of Minnesota
Statutes: sections 144A.44; 144A.45; 144A.475; 144A.4791; 144A.4792; 144A.4793;
144A.4794; 144D.04; and 144G.03, subdivision 4, paragraph (a).
new text end
Sec. 58. new text begin REPEALER.
new text end
new text begin (a) Minnesota Statutes 2016, sections 144A.45, subdivision 6; and 144A.481,new text end new text begin are repealed.
new text end
new text begin (b)new text end new text begin Minnesota Statutes 2017 Supplement, section 146B.02, subdivision 7a,new text end new text begin is repealed.
new text end
ARTICLE 36
HEALTH COVERAGE
Section 1.
Minnesota Statutes 2016, section 62A.30, is amended by adding a subdivision
to read:
new text begin Subd. 4.new text end
new text begin Mammograms.new text end
new text begin (a) For purposes of subdivision 2, coverage for a preventive
mammogram screening shall include digital breast tomosynthesis for enrollees at risk for
breast cancer, and shall be covered as a preventive item or service, as described under section
62Q.46.
new text end
new text begin (b) For purposes of this subdivision, "digital breast tomosynthesis" means a radiologic
procedure that involves the acquisition of projection images over the stationary breast to
produce cross-sectional digital three-dimensional images of the breast. "At risk for breast
cancer" means:
new text end
new text begin (1) having a family history with one or more first- or second-degree relatives with breast
cancer;
new text end
new text begin (2) testing positive for BRCA1 or BRCA2 mutations;
new text end
new text begin (3) having heterogeneously dense breasts or extremely dense breasts based on the Breast
Imaging Reporting and Data System established by the American College of Radiology; or
new text end
new text begin (4) having a previous diagnosis of breast cancer.
new text end
new text begin (c) This subdivision does not apply to coverage provided through a public health care
program under chapter 256B or 256L.
new text end
new text begin (d) Nothing in this subdivision limits the coverage of digital breast tomosynthesis in a
policy, plan, certificate, or contract referred to in subdivision 1 that is in effect prior to
January 1, 2019.
new text end
new text begin (e) Nothing in this subdivision prohibits a policy, plan, certificate, or contract referred
to in subdivision 1 from covering digital breast tomosynthesis for an enrollee who is not at
risk for breast cancer.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019, and applies to health
plans issued, sold, or renewed on or after that date.
new text end
Sec. 2.
new text begin [62J.824] FACILITY FEE DISCLOSURE.
new text end
new text begin (a) Prior to the delivery of nonemergency services, a provider-based clinic that charges
a facility fee shall provide notice to any patient stating that the clinic is part of a hospital
and the patient may receive a separate charge or billing for the facility component, which
may result in a higher out-of-pocket expense.
new text end
new text begin (b) Each health care facility must post prominently in locations easily accessible to and
visible by patients, including its Web site, a statement that the provider-based clinic is part
of a hospital and the patient may receive a separate charge or billing for the facility, which
may result in a higher out-of-pocket expense.
new text end
new text begin (c) This section does not apply to laboratory services, imaging services, or other ancillary
health services that are provided by staff who are not employed by the health care facility
or clinic.
new text end
new text begin (d) For purposes of this section:
new text end
new text begin (1) "facility fee" means any separate charge or billing by a provider-based clinic in
addition to a professional fee for physicians' services that is intended to cover building,
electronic medical records systems, billing, and other administrative and operational
expenses; and
new text end
new text begin (2) "provider-based clinic" means the site of an off-campus clinic or provider office
located at least 250 yards from the main hospital buildings or as determined by the Centers
for Medicare and Medicaid Services, that is owned by a hospital licensed under chapter 144
or a health system that operates one or more hospitals licensed under chapter 144, and is
primarily engaged in providing diagnostic and therapeutic care, including medical history,
physical examinations, assessment of health status, and treatment monitoring. This definition
does not include clinics that are exclusively providing laboratory, x-ray, testing, therapy,
pharmacy, or educational services and does not include facilities designated as rural health
clinics.
new text end
Sec. 3.
new text begin [62Q.48] POINT OF SALE ALLOWABLE COST.
new text end
new text begin (a) No health plan company or pharmacy benefits manager shall require an enrollee to
make a payment at the point of sale for a prescription drug that is covered under the enrollee's
health plan in an amount greater than the allowable cost to consumers.
new text end
new text begin (b) For purposes of this section:
new text end
new text begin (1) "allowable cost to consumers" means the lowest of:
new text end
new text begin (i) the applicable co-payment for the prescription drug under the enrollee's health plan;
or
new text end
new text begin (ii) the amount an individual would pay for the prescription drug if the individual
purchased the prescription drug without using a health plan benefit; and
new text end
new text begin (2) "pharmacy benefit manager" has the meaning provided in section 151.71, subdivision
1.
new text end
Sec. 4.
Minnesota Statutes 2016, section 151.214, subdivision 2, is amended to read:
Subd. 2.
No prohibition on disclosure.
No contracting agreement between an
employer-sponsored health plan or health plan company, or its contracted pharmacy benefit
manager, and a resident or nonresident pharmacy deleted text begin registereddeleted text end new text begin licensednew text end under this chapter,
may prohibit deleted text begin thedeleted text end new text begin :
new text end
new text begin (1) anew text end pharmacy from disclosing to patients information a pharmacy is required or given
the option to provide under subdivision 1new text begin ; or
new text end
new text begin (2) a pharmacist from informing a patient when the amount the patient is required to
pay under the patient's health plan for a particular drug is greater than the amount the patient
would be required to pay for the same drug if purchased out-of-pocket at the pharmacy's
usual and customary pricenew text end .
Sec. 5.
new text begin [151.555] PRESCRIPTION DRUG REPOSITORY PROGRAM.
new text end
new text begin Subdivision 1.new text end
new text begin Definitions.new text end
new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end
new text begin (b) "Central repository" means a wholesale distributor that meets the requirements under
subdivision 3 and enters into a contract with the Board of Pharmacy in accordance with this
section.
new text end
new text begin (c) "Distribute" means to deliver, other than by administering or dispensing.
new text end
new text begin (d) "Donor" means:
new text end
new text begin (1) a health care facility as defined in this subdivision;
new text end
new text begin (2) a skilled nursing facility licensed under chapter 144A;
new text end
new text begin (3) an assisted living facility registered under chapter 144D where there is centralized
storage of drugs and 24-hour on-site licensed nursing coverage provided seven days a week;
new text end
new text begin (4) a pharmacy licensed under section 151.19, and located either in the state or outside
the state;
new text end
new text begin (5) a drug wholesaler licensed under section 151.47; or
new text end
new text begin (6) a drug manufacturer licensed under section 151.252.
new text end
new text begin (e) "Drug" means any prescription drug that has been approved for medical use in the
United States, is listed in the United States Pharmacopoeia or National Formulary, and
meets the criteria established under this section for donation. This definition includes cancer
drugs and antirejection drugs, but does not include controlled substances, as defined in
section 152.01, subdivision 4, or a prescription drug that can only be dispensed to a patient
registered with the drug's manufacturer in accordance with federal Food and Drug
Administration requirements.
new text end
new text begin (f) "Health care facility" means:
new text end
new text begin (1) a physician's office or health care clinic where licensed practitioners provide health
care to patients;
new text end
new text begin (2) a hospital licensed under section 144.50;
new text end
new text begin (3) a pharmacy licensed under section 151.19 and located in Minnesota; or
new text end
new text begin (4) a nonprofit community clinic, including a federally qualified health center; a rural
health clinic; public health clinic; or other community clinic that provides health care utilizing
a sliding fee scale to patients who are low-income, uninsured, or underinsured.
new text end
new text begin (g) "Local repository" means a health care facility that elects to accept donated drugs
and medical supplies and meets the requirements of subdivision 4.
new text end
new text begin (h) "Medical supplies" or "supplies" means any prescription and nonprescription medical
supply needed to administer a prescription drug.
new text end
new text begin (i) "Original, sealed, unopened, tamper-evident packaging" means packaging that is
sealed, unopened, and tamper-evident, including a manufacturer's original unit dose or
unit-of-use container, a repackager's original unit dose or unit-of-use container, or unit-dose
packaging prepared by a licensed pharmacy according to the standards of Minnesota Rules,
part 6800.3750.
new text end
new text begin (j) "Practitioner" has the meaning given in section 151.01, subdivision 23, except that
it does not include a veterinarian.
new text end
new text begin Subd. 2.new text end
new text begin Establishment.new text end
new text begin By January 1, 2019, the Board of Pharmacy shall establish a
drug repository program, through which donors may donate a drug or medical supply for
use by an individual who meets the eligibility criteria specified under subdivision 5. The
board shall contract with a central repository that meets the requirements of subdivision 3
to implement and administer the prescription drug repository program.
new text end
new text begin Subd. 3.new text end
new text begin Central repository requirements.new text end
new text begin (a) The board shall publish a request for
proposal for participants who meet the requirements of this subdivision and are interested
in acting as the central repository for the drug repository program. The board shall follow
all applicable state procurement procedures in the selection process.
new text end
new text begin (b) To be eligible to act as the central repository, the participant must be a wholesale
drug distributor located in Minnesota, licensed pursuant to section 151.47, and in compliance
with all applicable federal and state statutes, rules, and regulations.
new text end
new text begin (c) The central repository shall be subject to inspection by the board pursuant to section
151.06, subdivision 1.
new text end
new text begin Subd. 4.new text end
new text begin Local repository requirements.new text end
new text begin (a) To be eligible for participation in the drug
repository program, a health care facility must agree to comply with all applicable federal
and state laws, rules, and regulations pertaining to the drug repository program, drug storage,
and dispensing. The facility must also agree to maintain in good standing any required state
license or registration that may apply to the facility.
new text end
new text begin (b) A local repository may elect to participate in the program by submitting the following
information to the central repository on a form developed by the board and made available
on the board's Web site:
new text end
new text begin (1) the name, street address, and telephone number of the health care facility and any
state-issued license or registration number issued to the facility, including the issuing state
agency;
new text end
new text begin (2) the name and telephone number of a responsible pharmacist or practitioner who is
employed by or under contract with the health care facility; and
new text end
new text begin (3) a statement signed and dated by the responsible pharmacist or practitioner indicating
that the health care facility meets the eligibility requirements under this section and agrees
to comply with this section.
new text end
new text begin (c) Participation in the drug repository program is voluntary. A local repository may
withdraw from participation in the drug repository program at any time by providing written
notice to the central repository on a form developed by the board and made available on
the board's Web site. The central repository shall provide the board with a copy of the
withdrawal notice within ten business days from the date of receipt of the withdrawal notice.
new text end
new text begin Subd. 5.new text end
new text begin Individual eligibility and application requirements.new text end
new text begin (a) To be eligible for
the drug repository program, an individual must submit to a local repository an intake
application form that is signed by the individual and attests that the individual:
new text end
new text begin (1) is a resident of Minnesota;
new text end
new text begin (2) is uninsured, has no prescription drug coverage, or is underinsured;
new text end
new text begin (3) acknowledges that the drugs or medical supplies to be received through the program
may have been donated; and
new text end
new text begin (4) consents to a waiver of the child-resistant packaging requirements of the federal
Poison Prevention Packaging Act.
new text end
new text begin (b) Upon determining that an individual is eligible for the program, the local repository
shall furnish the individual with an identification card. The card shall be valid for one year
from the date of issuance and may be used at any local repository. A new identification card
may be issued upon expiration once the individual submits a new application form.
new text end
new text begin (c) The local repository shall send a copy of the intake application form to the central
repository by regular mail, facsimile, or secured e-mail within ten days from the date the
application is approved by the local repository.
new text end
new text begin (d) The board shall develop and make available on the board's Web site an application
form and the format for the identification card.
new text end
new text begin Subd. 6.new text end
new text begin Standards and procedures for accepting donations of drugs and supplies.
new text end
new text begin (a) A donor may donate prescription drugs or medical supplies to the central repository or
a local repository if the drug or supply meets the requirements of this section as determined
by a pharmacist or practitioner who is employed by or under contract with the central
repository or a local repository.
new text end
new text begin (b) A prescription drug is eligible for donation under the drug repository program if the
following requirements are met:
new text end
new text begin (1) the donation is accompanied by a drug repository donor form described under
paragraph (d) that is signed by an individual who is authorized by the donor to attest to the
donor's knowledge in accordance with paragraph (d);
new text end
new text begin (2) the drug's expiration date is at least six months after the date the drug was donated.
If a donated drug bears an expiration date that is less than six months from the donation
date, the drug may be accepted and distributed if the drug is in high demand and can be
dispensed for use by a patient before the drug's expiration date;
new text end
new text begin (3) the drug is in its original, sealed, unopened, tamper-evident packaging that includes
the expiration date. Single-unit-dose drugs may be accepted if the single-unit-dose packaging
is unopened;
new text end
new text begin (4) the drug or the packaging does not have any physical signs of tampering, misbranding,
deterioration, compromised integrity, or adulteration;
new text end
new text begin (5) the drug does not require storage temperatures other than normal room temperature
as specified by the manufacturer or United States Pharmacopoeia, unless the drug is being
donated directly by its manufacturer, a wholesale drug distributor, or a pharmacy located
in Minnesota; and
new text end
new text begin (6) the prescription drug is not a controlled substance.
new text end
new text begin (c) A medical supply is eligible for donation under the drug repository program if the
following requirements are met:
new text end
new text begin (1) the supply has no physical signs of tampering, misbranding, or alteration and there
is no reason to believe it has been adulterated, tampered with, or misbranded;
new text end
new text begin (2) the supply is in its original, unopened, sealed packaging;
new text end
new text begin (3) the donation is accompanied by a drug repository donor form described under
paragraph (d) that is signed by an individual who is authorized by the donor to attest to the
donor's knowledge in accordance with paragraph (d); and
new text end
new text begin (4) if the supply bears an expiration date, the date is at least six months later than the
date the supply was donated. If the donated supply bears an expiration date that is less than
six months from the date the supply was donated, the supply may be accepted and distributed
if the supply is in high demand and can be dispensed for use by a patient before the supply's
expiration date.
new text end
new text begin (d) The board shall develop the drug repository donor form and make it available on the
board's Web site. The form must state that to the best of the donor's knowledge the donated
drug or supply has been properly stored and that the drug or supply has never been opened,
used, tampered with, adulterated, or misbranded.
new text end
new text begin (e) Donated drugs and supplies may be shipped or delivered to the premises of the central
repository or a local repository, and shall be inspected by a pharmacist or an authorized
practitioner who is employed by or under contract with the repository and who has been
designated by the repository to accept donations. A drop box must not be used to deliver
or accept donations.
new text end
new text begin (f) The central repository and local repository shall inventory all drugs and supplies
donated to the repository. For each drug, the inventory must include the drug's name, strength,
quantity, manufacturer, expiration date, and the date the drug was donated. For each medical
supply, the inventory must include a description of the supply, its manufacturer, the date
the supply was donated, and, if applicable, the supply's brand name and expiration date.
new text end
new text begin Subd. 7.new text end
new text begin Standards and procedures for inspecting and storing donated prescription
drugs and supplies.new text end
new text begin (a) A pharmacist or authorized practitioner who is employed by or
under contract with the central repository or a local repository shall inspect all donated
prescription drugs and supplies to determine, to the extent reasonably possible in the
professional judgment of the pharmacist or practitioner, that the drug or supply is not
adulterated or misbranded, has not been tampered with, is safe and suitable for dispensing,
and meets the requirements for donation. The pharmacist or practitioner who inspects the
drugs or supplies shall sign an inspection record stating that the requirements for donation
have been met. If a local repository receives drugs and supplies from the central repository,
the local repository does not need to reinspect the drugs and supplies.
new text end
new text begin (b) The central repository and local repositories shall store donated drugs and supplies
in a secure storage area under environmental conditions appropriate for the drug or supply
being stored. Donated drugs and supplies may not be stored with nondonated inventory. If
donated drugs or supplies are not inspected immediately upon receipt, a repository must
quarantine the donated drugs or supplies separately from all dispensing stock until the
donated drugs or supplies have been inspected and approved for dispensing under the
program.
new text end
new text begin (c) The central repository and local repositories shall dispose of all prescription drugs
and medical supplies that are not suitable for donation in compliance with applicable federal
and state statutes, regulations, and rules concerning hazardous waste.
new text end
new text begin (d) In the event that controlled substances or prescription drugs that can only be dispensed
to a patient registered with the drug's manufacturer are shipped or delivered to a central or
local repository for donation, the shipment delivery must be documented by the repository
and returned immediately to the donor or the donor's representative that provided the drugs.
new text end
new text begin (e) Each repository must develop drug and medical supply recall policies and procedures.
If a repository receives a recall notification, the repository shall destroy all of the drug or
medical supply in its inventory that is the subject of the recall and complete a record of
destruction form in accordance with paragraph (f). If a drug or medical supply that is the
subject of a Class I or Class II recall has been dispensed, the repository shall immediately
notify the recipient of the recalled drug or medical supply. A drug that potentially is subject
to a recall need not be destroyed if its packaging bears a lot number and that lot of the drug
is not subject to the recall. If no lot number is on the drug's packaging, it must be destroyed.
new text end
new text begin (f) A record of destruction of donated drugs and supplies that are not dispensed under
subdivision 8, are subject to a recall under paragraph (e), or are not suitable for donation
shall be maintained by the repository for at least five years. For each drug or supply
destroyed, the record shall include the following information:
new text end
new text begin (1) the date of destruction;
new text end
new text begin (2) the name, strength, and quantity of the drug destroyed; and
new text end
new text begin (3) the name of the person or firm that destroyed the drug.
new text end
new text begin Subd. 8.new text end
new text begin Dispensing requirements.new text end
new text begin (a) Donated drugs and supplies may be dispensed
if the drugs or supplies are prescribed by a practitioner for use by an eligible individual and
are dispensed by a pharmacist or practitioner. A repository shall dispense drugs and supplies
to eligible individuals in the following priority order: (1) individuals who are uninsured;
(2) individuals with no prescription drug coverage; and (3) individuals who are underinsured.
A repository shall dispense donated prescription drugs in compliance with applicable federal
and state laws and regulations for dispensing prescription drugs, including all requirements
relating to packaging, labeling, record keeping, drug utilization review, and patient
counseling.
new text end
new text begin (b) Before dispensing or administering a drug or supply, the pharmacist or practitioner
shall visually inspect the drug or supply for adulteration, misbranding, tampering, and date
of expiration. Drugs or supplies that have expired or appear upon visual inspection to be
adulterated, misbranded, or tampered with in any way must not be dispensed or administered.
new text end
new text begin (c) Before a drug or supply is dispensed or administered to an individual, the individual
must sign a drug repository recipient form acknowledging that the individual understands
the information stated on the form. The board shall develop the form and make it available
on the board's Web site. The form must include the following information:
new text end
new text begin (1) that the drug or supply being dispensed or administered has been donated and may
have been previously dispensed;
new text end
new text begin (2) that a visual inspection has been conducted by the pharmacist or practitioner to ensure
that the drug or supply has not expired, has not been adulterated or misbranded, and is in
its original, unopened packaging; and
new text end
new text begin (3) that the dispensing pharmacist, the dispensing or administering practitioner, the
central repository or local repository, the Board of Pharmacy, and any other participant of
the drug repository program cannot guarantee the safety of the drug or medical supply being
dispensed or administered and that the pharmacist or practitioner has determined that the
drug or supply is safe to dispense or administer based on the accuracy of the donor's form
submitted with the donated drug or medical supply and the visual inspection required to be
performed by the pharmacist or practitioner before dispensing or administering.
new text end
new text begin Subd. 9.new text end
new text begin Handling fees.new text end
new text begin (a) The central or local repository may charge the individual
receiving a drug or supply a handling fee of no more than 250 percent of the medical
assistance program dispensing fee for each drug or medical supply dispensed or administered
by that repository.
new text end
new text begin (b) A repository that dispenses or administers a drug or medical supply through the drug
repository program shall not receive reimbursement under the medical assistance program
or the MinnesotaCare program for that dispensed or administered drug or supply.
new text end
new text begin Subd. 10.new text end
new text begin Distribution of donated drugs and supplies.new text end
new text begin (a) The central repository and
local repositories may distribute drugs and supplies donated under the drug repository
program to other participating repositories for use pursuant to this program.
new text end
new text begin (b) A local repository that elects not to dispense donated drugs or supplies must transfer
all donated drugs and supplies to the central repository. A copy of the donor form that was
completed by the original donor under subdivision 6 must be provided to the central
repository at the time of transfer.
new text end
new text begin Subd. 11.new text end
new text begin Forms and record-keeping requirements.new text end
new text begin (a) The following forms developed
for the administration of this program shall be utilized by the participants of the program
and shall be available on the board's Web site:
new text end
new text begin (1) intake application form described under subdivision 5;
new text end
new text begin (2) local repository participation form described under subdivision 4;
new text end
new text begin (3) local repository withdrawal form described under subdivision 4;
new text end
new text begin (4) drug repository donor form described under subdivision 6;
new text end
new text begin (5) record of destruction form described under subdivision 7; and
new text end
new text begin (6) drug repository recipient form described under subdivision 8.
new text end
new text begin (b) All records, including drug inventory, inspection, and disposal of donated prescription
drugs and medical supplies must be maintained by a repository for a minimum of five years.
Records required as part of this program must be maintained pursuant to all applicable
practice acts.
new text end
new text begin (c) Data collected by the drug repository program from all local repositories shall be
submitted quarterly or upon request to the central repository. Data collected may consist of
the information, records, and forms required to be collected under this section.
new text end
new text begin (d) The central repository shall submit reports to the board as required by the contract
or upon request of the board.
new text end
new text begin Subd. 12.new text end
new text begin Liability.new text end
new text begin (a) The manufacturer of a drug or supply is not subject to criminal
or civil liability for injury, death, or loss to a person or to property for causes of action
described in clauses (1) and (2). A manufacturer is not liable for:
new text end
new text begin (1) the intentional or unintentional alteration of the drug or supply by a party not under
the control of the manufacturer; or
new text end
new text begin (2) the failure of a party not under the control of the manufacturer to transfer or
communicate product or consumer information or the expiration date of the donated drug
or supply.
new text end
new text begin (b) A health care facility participating in the program, a pharmacist dispensing a drug
or supply pursuant to the program, a practitioner dispensing or administering a drug or
supply pursuant to the program, or a donor of a drug or medical supply is immune from
civil liability for an act or omission that causes injury to or the death of an individual to
whom the drug or supply is dispensed and no disciplinary action by a health-related licensing
board shall be taken against a pharmacist or practitioner so long as the drug or supply is
donated, accepted, distributed, and dispensed according to the requirements of this section.
This immunity does not apply if the act or omission involves reckless, wanton, or intentional
misconduct, or malpractice unrelated to the quality of the drug or medical supply.
new text end
new text begin Subd. 13.new text end
new text begin Sunset.new text end
new text begin This section expires July 1, 2022.
new text end
Sec. 6.
Minnesota Statutes 2016, section 151.71, is amended by adding a subdivision to
read:
new text begin Subd. 3.new text end
new text begin Synchronization of refills.new text end
new text begin (a) For purposes of this subdivision,
"synchronization" means the coordination of prescription drug refills for a patient taking
two or more medications for one or more chronic conditions, to allow the patient's
medications to be refilled on the same schedule for a given period of time.
new text end
new text begin (b) A contract between a pharmacy benefit manager and a pharmacy must allow for
synchronization of prescription drug refills for a patient on at least one occasion per year,
if the following criteria are met:
new text end
new text begin (1) the prescription drugs are covered under the patient's health plan or have been
approved by a formulary exceptions process;
new text end
new text begin (2) the prescription drugs are maintenance medications as defined by the health plan
and have one or more refills available at the time of synchronization;
new text end
new text begin (3) the prescription drugs are not Schedule II, III, or IV controlled substances;
new text end
new text begin (4) the patient meets all utilization management criteria relevant to the prescription drug
at the time of synchronization;
new text end
new text begin (5) the prescription drugs are of a formulation that can be safely split into short-fill
periods to achieve synchronization; and
new text end
new text begin (6) the prescription drugs do not have special handling or sourcing needs that require a
single, designated pharmacy to fill or refill the prescription.
new text end
new text begin (c) When necessary to permit synchronization, the pharmacy benefit manager shall apply
a prorated, daily patient cost-sharing rate to any prescription drug dispensed by a pharmacy
under this subdivision. The dispensing fee shall not be prorated, and all dispensing fees
shall be based on the number of prescriptions filled or refilled.
new text end
Sec. 7. new text begin TESTIMONY ON USE OF DIGITAL BREAST TOMOSYNTHESIS BY
MEMBERS OF THE STATE EMPLOYEE GROUP INSURANCE PROGRAM.
new text end
new text begin The director of the state employee group insurance program must prepare and submit
written testimony to the house of representatives and senate committees with jurisdiction
over health and human services and state government finance regarding the impact of
Minnesota Statutes, section 62A.30, subdivision 4. The director must provide data on actual
utilization of the coverage under Minnesota Statutes, section 62A.30, subdivision 4, by
members of the state employee group insurance program from January 1, 2019, to December
31, 2019. The director may make recommendations for legislation addressing any issues
relating to the coverage required by Minnesota Statutes, section 62A.30, subdivision 4. The
testimony required under this section is due by March 1, 2020.
new text end
Sec. 8. new text begin STUDY AND REPORT ON DISPARITIES BETWEEN GEOGRAPHIC
RATING AREAS IN INDIVIDUAL AND SMALL GROUP MARKET HEALTH
INSURANCE RATES.
new text end
new text begin Subdivision 1.new text end
new text begin Study and recommendations.new text end
new text begin (a) As permitted by the availability of
resources, the legislative auditor is requested to study disparities between Minnesota's nine
geographic rating areas in individual and small group market health insurance rates and
recommend ways to reduce or eliminate rate disparities between the geographic rating areas
and provide for stability of the individual and small group health insurance markets in the
state. In the study, if conducted, the legislative auditor shall:
new text end
new text begin (1) identify the factors that cause higher individual and small group market health
insurance rates in certain geographic rating areas, and determine the extent to which each
identified factor contributes to the higher rates;
new text end
new text begin (2) identify the impact of referral centers on individual and small group market health
insurance rates in southeastern Minnesota, and identify ways to reduce the rate disparity
between southeastern Minnesota and the metropolitan area, taking into consideration the
patterns of referral center usage by patients in those regions;
new text end
new text begin (3) determine the extent to which individuals and small employers located in a geographic
rating area with higher health insurance rates than surrounding geographic rating areas have
obtained health insurance in a lower-cost geographic rating area, identify the strategies that
individuals and small employers use to obtain health insurance in a lower-cost geographic
rating area, and measure the effects of this practice on the rates of the individuals and small
employers remaining in the geographic rating area with higher health insurance rates; and
new text end
new text begin (4) develop proposals to redraw the boundaries of Minnesota's geographic rating areas,
and calculate the effect each proposal would have on rates in each of the proposed rating
areas. The legislative auditor shall examine at least three options for redrawing the boundaries
of Minnesota's geographic rating areas, at least one of which must reduce the number of
geographic rating areas. All options for redrawing Minnesota's geographic rating areas
considered by the legislative auditor must be designed:
new text end
new text begin (i) with the purposes of reducing or eliminating rate disparities between geographic
rating areas and providing for stability of the individual and small group health insurance
markets in the state;
new text end
new text begin (ii) with consideration of the composition of existing provider networks and referral
patterns in regions of the state; and
new text end
new text begin (iii) in compliance with the requirements for geographic rating areas in Code of Federal
Regulations, title 45, section 147.102(b), and other applicable federal law and guidance.
new text end
new text begin (b) The legislative auditor may secure de-identified data necessary to complete the study
and recommendations according to this subdivision directly from health carriers. For purposes
of this paragraph "de-identified" means a process to remove all identifiable information
regarding an individual or group from data. Data classified as nonpublic data or private data
on individuals, as defined in Minnesota Statutes, section 13.02, subdivisions 9 and 12,
remains classified as such.
new text end
new text begin (c) The legislative auditor may recommend one or more proposals for redrawing
Minnesota's geographic rating areas if the legislative auditor determines that the proposal
would reduce or eliminate individual and small group market health insurance rate disparities
between the geographic rating areas and provide for stability of the individual and small
group health insurance markets in the state.
new text end
new text begin Subd. 2.new text end
new text begin Contract.new text end
new text begin The legislative auditor may contract with another entity for technical
assistance in conducting the study and developing recommendations according to subdivision
1.
new text end
new text begin Subd. 3.new text end
new text begin Report.new text end
new text begin The legislative auditor is requested to complete the study and
recommendations by January 1, 2019, and to submit a report on the study and
recommendations by that date to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care and health insurance.
new text end
Sec. 9. new text begin MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY WORK
GROUP.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; membership.new text end
new text begin (a) A mental health and substance use
disorder parity work group is established and shall include the following members:
new text end
new text begin (1) two members representing health plan companies that offer health plans in the
individual market, appointed by the commissioner of commerce;
new text end
new text begin (2) two members representing health plan companies that offer health plans in the group
markets, appointed by the commissioner of commerce;
new text end
new text begin (3) the commissioner of health or a designee;
new text end
new text begin (4) the commissioner of commerce or a designee;
new text end
new text begin (5) the commissioner of management and budget or a designee;
new text end
new text begin (6) two members representing employers, appointed by the commissioner of commerce;
new text end
new text begin (7) two members who are providers representing the mental health and substance use
disorder community, appointed by the commissioner of commerce; and
new text end
new text begin (8) two members who are advocates representing the mental health and substance use
disorder community, appointed by the commissioner of commerce.
new text end
new text begin (b) Members of the work group must have expertise in standards for evidence-based
care, benefit design, or knowledge relating to the analysis of mental health and substance
use disorder parity under federal and state law, including nonquantitative treatment
limitations.
new text end
new text begin Subd. 2.new text end
new text begin First appointments; first meeting; chair.new text end
new text begin Appointing authorities shall appoint
members to the work group by July 1, 2018. The commissioner of commerce or a designee
shall convene the first meeting of the work group on or before August 1, 2018. The
commissioner of commerce or the commissioner's designee shall act as chair.
new text end
new text begin Subd. 3.new text end
new text begin Duties.new text end
new text begin The mental health and substance use disorder parity work group shall:
new text end
new text begin (1) develop recommendations on the most effective approach to determine and
demonstrate mental health and substance use disorder parity, in accordance with state and
federal law for individual and group health plans offered in Minnesota; and
new text end
new text begin (2) report recommendations to the legislature.
new text end
new text begin Subd. 4.new text end
new text begin Report.new text end
new text begin (a) By February 15, 2019, the work group shall submit a report with
recommendations to the chairs and ranking minority members of the legislative committees
with jurisdiction over health care policy and finance.
new text end
new text begin (b) The report must include the following:
new text end
new text begin (1) a summary of completed state enforcement actions relating to individual and group
health plans offered in Minnesota during the preceding 12-month period regarding
compliance with parity in mental health and substance use disorders benefits in accordance
with state and federal law and a summary of the results of completed state enforcement
actions. Data that is protected under state or federal law as nonpublic, private, or confidential
shall remain nonpublic, private, or confidential. This summary must include:
new text end
new text begin (i) the number of formal enforcement actions taken;
new text end
new text begin (ii) the benefit classifications examined in each enforcement action; and
new text end
new text begin (iii) the subject matter of each enforcement action, including quantitative and
nonquantitative treatment limitations;
new text end
new text begin (2) detailed information about any regulatory actions the commissioner of health or
commissioner of commerce has taken as a result of a completed state enforcement action
pertaining to health plan compliance with Minnesota Statutes, sections 62Q.47 and 62Q.53,
and United States Code, title 42, section 18031(j);
new text end
new text begin (3) a description of the work group's recommendations on educating the public about
alcoholism, mental health, or chemical dependency parity protections under state and federal
law; and
new text end
new text begin (4) recommendations on the most effective approach to determine and demonstrate
mental health and substance use disorder parity, in accordance with state and federal law
for individual and group health plans offered in Minnesota.
new text end
new text begin (c) In developing the report and recommendations, the work group may consult with
the Substance Abuse and Mental Health Services Agency and the National Association of
Insurance Commissioners for the latest developments on evaluation of mental health and
substance use disorder parity.
new text end
new text begin (d) The report must be written in plain language and must be made available to the public
by being posted on the Web sites of the Department of Health and Department of Commerce.
The work group may make the report publicly available in additional ways, at its discretion.
new text end
new text begin (e) The report must include any draft legislation necessary to implement the
recommendations of the work group.
new text end
new text begin Subd. 5.new text end
new text begin Expiration.new text end
new text begin The mental health and substance use disorder parity work group
expires February 16, 2019, or the day after submitting the report required in this section,
whichever is earlier.
new text end
Sec. 10. new text begin PROVIDER GRANTS FOR ADMINISTRATION OF PERIPHERAL
NERVE BLOCKS.
new text end
new text begin (a) The commissioner of human services, within the limits of funding provided for the
substance use disorder provider capacity grant program under Laws 2017 First Special
Session chapter 6, article 12, section 4, may design and implement a grant program to assist
providers in purchasing devices for administering continuous peripheral nerve blocks to
treat, reduce, or prevent substance use disorder for medical assistance enrollees.
new text end
new text begin (b) If the commissioner implements the grant program, grants shall be distributed between
July 1, 2018, and June 30, 2019. The commissioner shall conduct outreach to providers
regarding the availability of this grant and ensure a simplified grant application process.
The commissioner shall provide technical assistance to assist providers in building operational
capacity to treat, reduce, or prevent substance use disorders with devices for administering
continuous peripheral nerve blocks. The commissioner, in collaboration with stakeholders,
shall: (1) analyze the impact of the grant program; (2) identify actual or perceived barriers
to providers accessing and obtaining reimbursement for devices for administering continuous
peripheral nerve blocks; and (3) develop recommendations for addressing identified barriers.
The commissioner shall provide a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy and finance
by September 1, 2019.
new text end
Sec. 11. new text begin REPEALER.
new text end
new text begin Minnesota Statutes 2016, section 151.55,new text end new text begin is repealed.
new text end
ARTICLE 37
HEALTH-RELATED LICENSING BOARDS
Section 1.
Minnesota Statutes 2016, section 144A.26, is amended to read:
144A.26 RECIPROCITY WITH OTHER STATESnew text begin AND EQUIVALENCY OF
HEALTH SERVICES EXECUTIVEnew text end .
new text begin Subdivision 1.new text end
new text begin Reciprocity.new text end
The Board of Examiners may issue a nursing home
administrator's license, without examination, to any person who holds a current license as
a nursing home administrator from another jurisdiction if the board finds that the standards
for licensure in the other jurisdiction are at least the substantial equivalent of those prevailing
in this state and that the applicant is otherwise qualified.
new text begin Subd. 2.new text end
new text begin Health services executive license.new text end
new text begin The Board of Examiners may issue a health
services executive license to any person who (1) has been validated by the National
Association of Long Term Care Administrator Boards as a health services executive, and
(2) has met the education and practice requirements for the minimum qualifications of a
nursing home administrator, assisted living administrator, and home and community-based
service provider. Licensure decisions made by the board under this subdivision are final.
new text end
Sec. 2.
Minnesota Statutes 2017 Supplement, section 147.01, subdivision 7, is amended
to read:
Subd. 7.
Physician application and license fees.
(a) The board may charge the following
nonrefundable application and license fees processed pursuant to sections 147.02, 147.03,
147.037, 147.0375, and 147.38:
(1) physician application fee, $200;
(2) physician annual registration renewal fee, $192;
(3) physician endorsement to other states, $40;
(4) physician emeritus license, $50;
(5) physician temporary license, $60;
(6) physician late fee, $60;
(7) duplicate license fee, $20;
(8) certification letter fee, $25;
(9) education or training program approval fee, $100;
(10) report creation and generation fee, $60new text begin per hournew text end ;
(11) examination administration fee (half day), $50;
(12) examination administration fee (full day), $80; deleted text begin and
deleted text end
(13) fees developed by the Interstate Commission for determining physician qualification
to register and participate in the interstate medical licensure compact, as established in rules
authorized in and pursuant to section 147.38, not to exceed $1,000deleted text begin .deleted text end new text begin ;
new text end
new text begin (14) verification fee, $25; and
new text end
new text begin (15) criminal background check fee, $32.
new text end
(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fee must be deposited
in an account in the state government special revenue fund.
Sec. 3.
Minnesota Statutes 2016, section 147.012, is amended to read:
147.012 OVERSIGHT OF ALLIED HEALTH PROFESSIONS.
The board has responsibility for the oversight of the following allied health professions:
physician assistants under chapter 147Adeleted text begin ;deleted text end new text begin ,new text end acupuncture practitioners under chapter 147Bdeleted text begin ;deleted text end new text begin ,new text end
respiratory care practitioners under chapter 147Cdeleted text begin ;deleted text end new text begin ,new text end traditional midwives under chapter 147Ddeleted text begin ;deleted text end new text begin ,new text end
registered naturopathic doctors under chapter 147Edeleted text begin ;deleted text end new text begin , genetic counselors under chapter 147F,new text end
and athletic trainers under sections 148.7801 to 148.7815.
Sec. 4.
Minnesota Statutes 2016, section 147.02, is amended by adding a subdivision to
read:
new text begin Subd. 7.new text end
new text begin Additional renewal requirements.new text end
new text begin (a) The licensee must maintain a correct
mailing address with the board for receiving board communications, notices, and licensure
renewal documents. Placing the license renewal application in first class United States mail,
addressed to the licensee at the licensee's last known address with postage prepaid, constitutes
valid service. Failure to receive the renewal documents does not relieve a license holder of
the obligation to comply with this section.
new text end
new text begin (b) The names of licensees who do not return a complete license renewal application,
the annual license fee, or the late application fee within 30 days shall be removed from the
list of individuals authorized to practice medicine and surgery during the current renewal
period. Upon reinstatement of licensure, the licensee's name will be placed on the list of
individuals authorized to practice medicine and surgery.
new text end
Sec. 5.
Minnesota Statutes 2016, section 147A.06, is amended to read:
147A.06 CANCELLATION OF LICENSE FOR NONRENEWAL.
new text begin Subdivision 1.new text end
new text begin Cancellation of license.new text end
The board shall not renew, reissue, reinstate, or
restore a license that has lapsed on or after July 1, 1996, and has not been renewed within
two annual renewal cycles starting July 1, 1997. A licensee whose license is canceled for
nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements
then in existence for an initial license to practice as a physician assistant.
new text begin Subd. 2.new text end
new text begin Licensure following lapse of licensed status; transition.new text end
new text begin (a) A licensee whose
license has lapsed under subdivision 1 before January 1, 2019, and who seeks to regain
licensed status after January 1, 2019, shall be treated as a first-time licensee only for purposes
of establishing a license renewal schedule, and shall not be subject to the license cycle
conversion provisions in section 147A.29.
new text end
new text begin (b) This subdivision expires July 1, 2021.
new text end
Sec. 6.
Minnesota Statutes 2016, section 147A.07, is amended to read:
147A.07 RENEWAL.
new text begin (a) new text end A person who holds a license as a physician assistant shall annually, upon notification
from the board, renew the license by:
(1) submitting the appropriate fee as determined by the board;
(2) completing the appropriate forms; and
(3) meeting any other requirements of the board.
new text begin (b) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end
new text begin (c) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end
Sec. 7.
Minnesota Statutes 2017 Supplement, section 147A.28, is amended to read:
147A.28 PHYSICIAN ASSISTANT APPLICATION AND LICENSE FEES.
(a) The board may charge the following nonrefundable fees:
(1) physician assistant application fee, $120;
(2) physician assistant annual registration renewal fee (prescribing authority), $135;
(3) physician assistant annual registration renewal fee (no prescribing authority), $115;
(4) physician assistant temporary registration, $115;
(5) physician assistant temporary permit, $60;
(6) physician assistant locum tenens permit, $25;
(7) physician assistant late fee, $50;
(8) duplicate license fee, $20;
(9) certification letter fee, $25;
(10) education or training program approval fee, $100; deleted text begin and
deleted text end
(11) report creation and generation fee, $60deleted text begin .deleted text end new text begin per hour;
new text end
new text begin (12) verification fee, $25; and
new text end
new text begin (13) criminal background check fee, $32.
new text end
(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.
Sec. 8.
new text begin [147A.29] LICENSE RENEWAL CYCLE CONVERSION.
new text end
new text begin Subdivision 1.new text end
new text begin Generally.new text end
new text begin The license renewal cycle for physician assistant licensees
is converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end
new text begin Subd. 2.new text end
new text begin Conversion of license renewal cycle for current licensees.new text end
new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end
new text begin Subd. 3.new text end
new text begin Conversion of license renewal cycle for noncurrent licensees.new text end
new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end
new text begin Subd. 4.new text end
new text begin Subsequent renewal cycles.new text end
new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end
new text begin Subd. 5.new text end
new text begin Conversion period and fees.new text end
new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end
new text begin (b) A licensee shall be charged the annual license fee listed in section 147A.28 for the
conversion license period.
new text end
new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end
new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end
new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end
new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147A.28.
new text end
new text begin Subd. 6.new text end
new text begin Expiration.new text end
new text begin This section expires July 1, 2021.
new text end
Sec. 9.
Minnesota Statutes 2016, section 147B.02, subdivision 9, is amended to read:
Subd. 9.
Renewal.
(a) To renew a license an applicant must:
(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;
(2) submit the renewal fee;
(3) provide documentation of current and active NCCAOM certification; or
(4) if licensed under subdivision 5 or 6, meet the same NCCAOM professional
development activity requirements as those licensed under subdivision 7.
(b) An applicant shall submit any additional information requested by the board to clarify
information presented in the renewal application. The information must be submitted within
30 days after the board's request, or the renewal request is nullified.
new text begin (c) An applicant must maintain a correct mailing address with the board for receiving
board communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the applicant at the applicant's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve an applicant of the obligation to comply with this section.
new text end
new text begin (d) The name of an applicant who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the applicant's license is reinstated, the applicant's name shall be
placed on the list of individuals authorized to practice.
new text end
Sec. 10.
Minnesota Statutes 2016, section 147B.02, is amended by adding a subdivision
to read:
new text begin Subd. 12a.new text end
new text begin Licensure following lapse of licensed status; transition.new text end
new text begin (a) A licensee
whose license has lapsed under subdivision 12 before January 1, 2019, and who seeks to
regain licensed status after January 1, 2019, shall be treated as a first-time licensee only for
purposes of establishing a license renewal schedule, and shall not be subject to the license
cycle conversion provisions in section 147B.09.
new text end
new text begin (b) This subdivision expires July 1, 2021.
new text end
Sec. 11.
Minnesota Statutes 2017 Supplement, section 147B.08, is amended to read:
147B.08 FEES.
Subd. 4.
Acupuncturist application and license fees.
(a) The board may charge the
following nonrefundable fees:
(1) acupuncturist application fee, $150;
(2) acupuncturist annual registration renewal fee, $150;
(3) acupuncturist temporary registration fee, $60;
(4) acupuncturist inactive status fee, $50;
(5) acupuncturist late fee, $50;
(6) duplicate license fee, $20;
(7) certification letter fee, $25;
(8) education or training program approval fee, $100; deleted text begin and
deleted text end
(9) report creation and generation fee, $60deleted text begin .deleted text end new text begin per hour;
new text end
new text begin (10) verification fee, $25; and
new text end
new text begin (11) criminal background check fee, $32.
new text end
(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.
Sec. 12.
new text begin [147B.09] LICENSE RENEWAL CYCLE CONVERSION.
new text end
new text begin Subdivision 1.new text end
new text begin Generally.new text end
new text begin The license renewal cycle for acupuncture practitioner licensees
is converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end
new text begin Subd. 2.new text end
new text begin Conversion of license renewal cycle for current licensees.new text end
new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end
new text begin Subd. 3.new text end
new text begin Conversion of license renewal cycle for noncurrent licensees.new text end
new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end
new text begin Subd. 4.new text end
new text begin Subsequent renewal cycles.new text end
new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end
new text begin Subd. 5.new text end
new text begin Conversion period and fees.new text end
new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end
new text begin (b) A licensee shall be charged the annual license fee listed in section 147B.08 for the
conversion license period.
new text end
new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end
new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end
new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end
new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147B.08.
new text end
new text begin Subd. 6.new text end
new text begin Expiration.new text end
new text begin This section expires July 1, 2021.
new text end
Sec. 13.
Minnesota Statutes 2016, section 147C.15, subdivision 7, is amended to read:
Subd. 7.
Renewal.
(a) To be eligible for license renewal a licensee must:
(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;
(2) submit the renewal fee;
(3) provide evidence every two years of a total of 24 hours of continuing education
approved by the board as described in section 147C.25; and
(4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.
(b) Applicants for renewal who have not practiced the equivalent of eight full weeks
during the past five years must achieve a passing score on retaking the credentialing
examination.
new text begin (c) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end
new text begin (d) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end
Sec. 14.
Minnesota Statutes 2016, section 147C.15, is amended by adding a subdivision
to read:
new text begin Subd. 12a.new text end
new text begin Licensure following lapse of licensed status; transition.new text end
new text begin (a) A licensee
whose license has lapsed under subdivision 12 before January 1, 2019, and who seeks to
regain licensed status after January 1, 2019, shall be treated as a first-time licensee only for
purposes of establishing a license renewal schedule, and shall not be subject to the license
cycle conversion provisions in section 147C.45.
new text end
new text begin (b) This subdivision expires July 1, 2021.
new text end
Sec. 15.
Minnesota Statutes 2017 Supplement, section 147C.40, is amended to read:
147C.40 FEES.
Subd. 5.
Respiratory therapist application and license fees.
(a) The board may charge
the following nonrefundable fees:
(1) respiratory therapist application fee, $100;
(2) respiratory therapist annual registration renewal fee, $90;
(3) respiratory therapist inactive status fee, $50;
(4) respiratory therapist temporary registration fee, $90;
(5) respiratory therapist temporary permit, $60;
(6) respiratory therapist late fee, $50;
(7) duplicate license fee, $20;
(8) certification letter fee, $25;
(9) education or training program approval fee, $100; deleted text begin and
deleted text end
(10) report creation and generation fee, $60deleted text begin .deleted text end new text begin per hour;
new text end
new text begin (11) verification fee, $25; and
new text end
new text begin (12) criminal background check fee, $32.
new text end
(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.
Sec. 16.
new text begin [147C.45] LICENSE RENEWAL CYCLE CONVERSION.
new text end
new text begin Subdivision 1.new text end
new text begin Generally.new text end
new text begin The license renewal cycle for respiratory care practitioner
licensees is converted to an annual cycle where renewal is due on the last day of the licensee's
month of birth. Conversion pursuant to this section begins January 1, 2019. This section
governs license renewal procedures for licensees who were licensed before December 31,
2018. The conversion renewal cycle is the renewal cycle following the first license renewal
after January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end
new text begin Subd. 2.new text end
new text begin Conversion of license renewal cycle for current licensees.new text end
new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end
new text begin Subd. 3.new text end
new text begin Conversion of license renewal cycle for noncurrent licensees.new text end
new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end
new text begin Subd. 4.new text end
new text begin Subsequent renewal cycles.new text end
new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end
new text begin Subd. 5.new text end
new text begin Conversion period and fees.new text end
new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end
new text begin (b) A licensee shall be charged the annual license fee listed in section 147C.40 for the
conversion license period.
new text end
new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end
new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end
new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end
new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147C.40.
new text end
new text begin Subd. 6.new text end
new text begin Expiration.new text end
new text begin This section expires July 1, 2021.
new text end
Sec. 17.
Minnesota Statutes 2016, section 147D.17, subdivision 6, is amended to read:
Subd. 6.
Renewal.
new text begin (a) new text end To be eligible for license renewal, a licensed traditional midwife
must:
(1) complete a renewal application on a form provided by the board;
(2) submit the renewal fee;
(3) provide evidence every three years of a total of 30 hours of continuing education
approved by the board as described in section 147D.21;
(4) submit evidence of an annual peer review and update of the licensed traditional
midwife's medical consultation plan; and
(5) submit any additional information requested by the board. The information must be
submitted within 30 days after the board's request, or the renewal request is nullified.
new text begin (b) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end
new text begin (c) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end
Sec. 18.
Minnesota Statutes 2016, section 147D.17, is amended by adding a subdivision
to read:
new text begin Subd. 11a.new text end
new text begin Licensure following lapse of licensed status; transition.new text end
new text begin (a) A licensee
whose license has lapsed under subdivision 11 before January 1, 2019, and who seeks to
regain licensed status after January 1, 2019, shall be treated as a first-time licensee only for
purposes of establishing a license renewal schedule, and shall not be subject to the license
cycle conversion provisions in section 147D.29.
new text end
new text begin (b) This subdivision expires July 1, 2021.
new text end
Sec. 19.
Minnesota Statutes 2016, section 147D.27, is amended by adding a subdivision
to read:
new text begin Subd. 5.new text end
new text begin Additional fees.new text end
new text begin The board may also charge the following nonrefundable fees:
new text end
new text begin (1) verification fee, $25;
new text end
new text begin (2) certification letter fee, $25;
new text end
new text begin (3) education or training program approval fee, $100;
new text end
new text begin (4) report creation and generation fee, $60 per hour;
new text end
new text begin (5) duplicate license fee, $20; and
new text end
new text begin (6) criminal background check fee, $32.
new text end
Sec. 20.
new text begin [147D.29] LICENSE RENEWAL CYCLE CONVERSION.
new text end
new text begin Subdivision 1.new text end
new text begin Generally.new text end
new text begin The license renewal cycle for traditional midwife licensees
is converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end
new text begin Subd. 2.new text end
new text begin Conversion of license renewal cycle for current licensees.new text end
new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end
new text begin Subd. 3.new text end
new text begin Conversion of license renewal cycle for noncurrent licensees.new text end
new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end
new text begin Subd. 4.new text end
new text begin Subsequent renewal cycles.new text end
new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end
new text begin Subd. 5.new text end
new text begin Conversion period and fees.new text end
new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end
new text begin (b) A licensee shall be charged the annual license fee listed in section 147D.27 for the
conversion license period.
new text end
new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end
new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end
new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end
new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147D.27.
new text end
new text begin Subd. 6.new text end
new text begin Expiration.new text end
new text begin This section expires July 1, 2021.
new text end
Sec. 21.
Minnesota Statutes 2016, section 147E.15, subdivision 5, is amended to read:
Subd. 5.
Renewal.
new text begin (a) new text end To be eligible for registration renewal a registrant must:
(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;
(2) submit the renewal fee;
(3) provide evidence of a total of 25 hours of continuing education approved by the
board as described in section 147E.25; and
(4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.
new text begin (b) A registrant must maintain a correct mailing address with the board for receiving
board communications, notices, and registration renewal documents. Placing the registration
renewal application in first class United States mail, addressed to the registrant at the
registrant's last known address with postage prepaid, constitutes valid service. Failure to
receive the renewal documents does not relieve a registrant of the obligation to comply with
this section.
new text end
new text begin (c) The name of a registrant who does not return a complete registration renewal
application, annual registration fee, or late application fee, as applicable, within the time
period required by this section shall be removed from the list of individuals authorized to
practice during the current renewal period. If the registrant's registration is reinstated, the
registrant's name shall be placed on the list of individuals authorized to practice.
new text end
Sec. 22.
Minnesota Statutes 2016, section 147E.15, is amended by adding a subdivision
to read:
new text begin Subd. 10a.new text end
new text begin Registration following lapse of registered status; transition.new text end
new text begin (a) A registrant
whose registration has lapsed under subdivision 10 before January 1, 2019, and who seeks
to regain registered status after January 1, 2019, shall be treated as a first-time registrant
only for purposes of establishing a registration renewal schedule, and shall not be subject
to the registration cycle conversion provisions in section 147E.45.
new text end
new text begin (b) This subdivision expires July 1, 2021.
new text end
Sec. 23.
Minnesota Statutes 2016, section 147E.40, subdivision 1, is amended to read:
Subdivision 1.
Fees.
Fees are as follows:
(1) registration application fee, $200;
(2) renewal fee, $150;
(3) late fee, $75;
(4) inactive status fee, $50; deleted text begin and
deleted text end
(5) temporary permit fee, $25deleted text begin .deleted text end new text begin ;
new text end
new text begin (6) emeritus registration fee, $50;
new text end
new text begin (7) duplicate license fee, $20;
new text end
new text begin (8) certification letter fee, $25;
new text end
new text begin (9) verification fee, $25;
new text end
new text begin (10) education or training program approval fee, $100; and
new text end
new text begin (11) report creation and generation fee, $60 per hour.
new text end
Sec. 24.
new text begin [147E.45] REGISTRATION RENEWAL CYCLE CONVERSION.
new text end
new text begin Subdivision 1.new text end
new text begin Generally.new text end
new text begin The registration renewal cycle for registered naturopathic
doctors is converted to an annual cycle where renewal is due on the last day of the registrant's
month of birth. Conversion pursuant to this section begins January 1, 2019. This section
governs registration renewal procedures for registrants who were registered before December
31, 2018. The conversion renewal cycle is the renewal cycle following the first registration
renewal after January 1, 2019. The conversion registration period is the registration period
for the conversion renewal cycle. The conversion registration period is between six and 17
months and ends on the last day of the registrant's month of birth in either 2019 or 2020, as
described in subdivision 2.
new text end
new text begin Subd. 2.new text end
new text begin Conversion of registration renewal cycle for current registrants.new text end
new text begin For a
registrant whose registration is current as of December 31, 2018, the registrant's conversion
registration period begins on January 1, 2019, and ends on the last day of the registrant's
month of birth in 2019, except that for registrants whose month of birth is January, February,
March, April, May, or June, the registrant's renewal cycle ends on the last day of the
registrant's month of birth in 2020.
new text end
new text begin Subd. 3.new text end
new text begin Conversion of registration renewal cycle for noncurrent registrants.new text end
new text begin This
subdivision applies to an individual who was registered before December 31, 2018, but
whose registration is not current as of December 31, 2018. When the individual first renews
the registration after January 1, 2019, the conversion renewal cycle begins on the date the
individual applies for renewal and ends on the last day of the registrant's month of birth in
the same year, except that if the last day of the individual's month of birth is less than six
months after the date the individual applies for renewal, then the renewal period ends on
the last day of the individual's month of birth in the following year.
new text end
new text begin Subd. 4.new text end
new text begin Subsequent renewal cycles.new text end
new text begin After the registrant's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the registrant's birth.
new text end
new text begin Subd. 5.new text end
new text begin Conversion period and fees.new text end
new text begin (a) A registrant who holds a registration issued
before January 1, 2019, and who renews that registration pursuant to subdivision 2 or 3,
shall pay a renewal fee as required in this subdivision.
new text end
new text begin (b) A registrant shall be charged the annual registration fee listed in section 147E.40 for
the conversion registration period.
new text end
new text begin (c) For a registrant whose conversion registration period is six to 11 months, the first
annual registration fee charged after the conversion registration period shall be adjusted to
credit the excess fee payment made during the conversion registration period. The credit is
calculated by: (1) subtracting the number of months of the registrant's conversion registration
period from 12; and (2) multiplying the result of clause (1) by 1/12 of the annual fee rounded
up to the next dollar.
new text end
new text begin (d) For a registrant whose conversion registration period is 12 months, the first annual
registration fee charged after the conversion registration period shall not be adjusted.
new text end
new text begin (e) For a registrant whose conversion registration period is 13 to 17 months, the first
annual registration fee charged after the conversion registration period shall be adjusted to
add the annual registration fee payment for the months that were not included in the annual
registration fee paid for the conversion registration period. The added payment is calculated
by: (1) subtracting 12 from the number of months of the registrant's conversion registration
period; and (2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to
the next dollar.
new text end
new text begin (f) For the second and all subsequent registration renewals made after the conversion
registration period, the registrant's annual registration fee is as listed in section 147E.40.
new text end
new text begin Subd. 6.new text end
new text begin Expiration.new text end
new text begin This section expires July 1, 2021.
new text end
Sec. 25.
Minnesota Statutes 2016, section 147F.07, subdivision 5, is amended to read:
Subd. 5.
License renewal.
new text begin (a) new text end To be eligible for license renewal, a licensed genetic
counselor must submit to the board:
(1) a renewal application on a form provided by the board;
(2) the renewal fee required under section 147F.17;
(3) evidence of compliance with the continuing education requirements in section
147F.11; and
(4) any additional information requested by the board.
new text begin (b) A licensee must maintain a correct mailing address with the board for receiving board
communications, notices, and license renewal documents. Placing the license renewal
application in first class United States mail, addressed to the licensee at the licensee's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve a licensee of the obligation to comply with this section.
new text end
new text begin (c) The name of a licensee who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the licensee's license is reinstated, the licensee's name shall be
placed on the list of individuals authorized to practice.
new text end
Sec. 26.
Minnesota Statutes 2016, section 147F.07, is amended by adding a subdivision
to read:
new text begin Subd. 6.new text end
new text begin Licensure following lapse of licensure status for two years or less.new text end
new text begin For any
individual whose licensure status has lapsed for two years or less, to regain licensure status,
the individual must:
new text end
new text begin (1) apply for license renewal according to subdivision 5;
new text end
new text begin (2) document compliance with the continuing education requirements of section 147F.11
since the licensed genetic counselor's initial licensure or last renewal; and
new text end
new text begin (3) submit the fees required under section 147F.17 for the period not licensed, including
the fee for late renewal.
new text end
Sec. 27.
Minnesota Statutes 2016, section 147F.07, is amended by adding a subdivision
to read:
new text begin Subd. 6a.new text end
new text begin Licensure following lapse of licensed status; transition.new text end
new text begin (a) A licensee whose
license has lapsed under subdivision 6 before January 1, 2019, and who seeks to regain
licensed status after January 1, 2019, shall be treated as a first-time licensee only for purposes
of establishing a license renewal schedule, and shall not be subject to the license cycle
conversion provisions in section 147F.19.
new text end
new text begin (b) This subdivision expires July 1, 2021.
new text end
Sec. 28.
Minnesota Statutes 2016, section 147F.17, subdivision 1, is amended to read:
Subdivision 1.
Fees.
Fees are as follows:
(1) license application fee, $200;
(2) initial licensure and annual renewal, $150; deleted text begin and
deleted text end
(3) late fee, $75deleted text begin .deleted text end new text begin ;
new text end
new text begin (4) temporary license fee, $60;
new text end
new text begin (5) duplicate license fee, $20;
new text end
new text begin (6) certification letter fee, $25;
new text end
new text begin (7) education or training program approval fee, $100;
new text end
new text begin (8) report creation and generation fee, $60 per hour; and
new text end
new text begin (9) criminal background check fee, $32.
new text end
Sec. 29.
new text begin [147F.19] LICENSE RENEWAL CYCLE CONVERSION.
new text end
new text begin Subdivision 1.new text end
new text begin Generally.new text end
new text begin The license renewal cycle for genetic counselor licensees is
converted to an annual cycle where renewal is due on the last day of the licensee's month
of birth. Conversion pursuant to this section begins January 1, 2019. This section governs
license renewal procedures for licensees who were licensed before December 31, 2018. The
conversion renewal cycle is the renewal cycle following the first license renewal after
January 1, 2019. The conversion license period is the license period for the conversion
renewal cycle. The conversion license period is between six and 17 months and ends on the
last day of the licensee's month of birth in either 2019 or 2020, as described in subdivision
2.
new text end
new text begin Subd. 2.new text end
new text begin Conversion of license renewal cycle for current licensees.new text end
new text begin For a licensee
whose license is current as of December 31, 2018, the licensee's conversion license period
begins on January 1, 2019, and ends on the last day of the licensee's month of birth in 2019,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2020.
new text end
new text begin Subd. 3.new text end
new text begin Conversion of license renewal cycle for noncurrent licensees.new text end
new text begin This subdivision
applies to an individual who was licensed before December 31, 2018, but whose license is
not current as of December 31, 2018. When the individual first renews the license after
January 1, 2019, the conversion renewal cycle begins on the date the individual applies for
renewal and ends on the last day of the licensee's month of birth in the same year, except
that if the last day of the individual's month of birth is less than six months after the date
the individual applies for renewal, then the renewal period ends on the last day of the
individual's month of birth in the following year.
new text end
new text begin Subd. 4.new text end
new text begin Subsequent renewal cycles.new text end
new text begin After the licensee's conversion renewal cycle
under subdivision 2 or 3, subsequent renewal cycles are annual and begin on the last day
of the month of the licensee's birth.
new text end
new text begin Subd. 5.new text end
new text begin Conversion period and fees.new text end
new text begin (a) A licensee who holds a license issued before
January 1, 2019, and who renews that license pursuant to subdivision 2 or 3, shall pay a
renewal fee as required in this subdivision.
new text end
new text begin (b) A licensee shall be charged the annual license fee listed in section 147F.17 for the
conversion license period.
new text end
new text begin (c) For a licensee whose conversion license period is six to 11 months, the first annual
license fee charged after the conversion license period shall be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by: (1)
subtracting the number of months of the licensee's conversion license period from 12; and
(2) multiplying the result of clause (1) by 1/12 of the annual fee rounded up to the next
dollar.
new text end
new text begin (d) For a licensee whose conversion license period is 12 months, the first annual license
fee charged after the conversion license period shall not be adjusted.
new text end
new text begin (e) For a licensee whose conversion license period is 13 to 17 months, the first annual
license fee charged after the conversion license period shall be adjusted to add the annual
license fee payment for the months that were not included in the annual license fee paid for
the conversion license period. The added payment is calculated by: (1) subtracting 12 from
the number of months of the licensee's conversion license period; and (2) multiplying the
result of clause (1) by 1/12 of the annual fee rounded up to the next dollar.
new text end
new text begin (f) For the second and all subsequent license renewals made after the conversion license
period, the licensee's annual license fee is as listed in section 147F.17.
new text end
new text begin Subd. 6.new text end
new text begin Expiration.new text end
new text begin This section expires July 1, 2021.
new text end
Sec. 30.
Minnesota Statutes 2016, section 148.59, is amended to read:
148.59 LICENSE RENEWAL; LICENSE AND REGISTRATION FEES.
A licensed optometrist shall pay to the state Board of Optometry a fee as set by the board
in order to renew a license as provided by board rule. No fees shall be refunded. Fees may
not exceed the following amounts but may be adjusted lower by board direction and are for
the exclusive use of the board:
(1) optometry licensure application, $160;
(2) optometry annual licensure renewal, deleted text begin $135deleted text end new text begin $170new text end ;
(3) optometry late penalty fee, $75;
(4) annual license renewal card, $10;
(5) continuing education provider application, $45;
(6) emeritus registration, $10;
(7) endorsement/reciprocity application, $160;
(8) replacement of initial license, $12; deleted text begin and
deleted text end
(9) license verification, $50deleted text begin .deleted text end new text begin ;
new text end
new text begin (10) jurisprudence state examination, $75;
new text end
new text begin (11) Optometric Education Continuing Education data bank registration, $20; and
new text end
new text begin (12) data requests and labels, $50.
new text end
Sec. 31.
Minnesota Statutes 2016, section 148.7815, subdivision 1, is amended to read:
Subdivision 1.
Fees.
The board shall establish fees as follows:
(1) application fee, $50;
(2) annual registration fee, $100;
(3) temporary registration, $100; deleted text begin and
deleted text end
(4) temporary permit, $50deleted text begin .deleted text end new text begin ;
new text end
new text begin (5) late fee, $15;
new text end
new text begin (6) duplicate license fee, $20;
new text end
new text begin (7) certification letter fee, $25;
new text end
new text begin (8) verification fee, $25;
new text end
new text begin (9) education or training program approval fee, $100; and
new text end
new text begin (10) report creation and generation fee, $60 per hour.
new text end
Sec. 32.
Minnesota Statutes 2016, section 148E.180, is amended to read:
148E.180 FEE AMOUNTS.
Subdivision 1.
Application fees.
new text begin Nonrefundable new text end application fees for licensure deleted text begin are as
followsdeleted text end new text begin may not exceed the following amountsnew text end :
(1) for a licensed social worker, deleted text begin $45deleted text end new text begin $54new text end ;
(2) for a licensed graduate social worker, deleted text begin $45deleted text end new text begin $54new text end ;
(3) for a licensed independent social worker, deleted text begin $45deleted text end new text begin $54new text end ;
(4) for a licensed independent clinical social worker, deleted text begin $45deleted text end new text begin $54new text end ;
(5) for a temporary license, $50; and
(6) for a licensure by endorsement, deleted text begin $85deleted text end new text begin $92new text end .
The fee for criminal background checks is the fee charged by the Bureau of Criminal
Apprehension. The criminal background check fee must be included with the application
fee as required according to section 148E.055.
Subd. 2.
License fees.
new text begin Nonrefundable new text end license fees deleted text begin are as followsdeleted text end new text begin may not exceed the
following amounts but may be adjusted lower by board actionnew text end :
(1) for a licensed social worker, deleted text begin $81deleted text end new text begin $97new text end ;
(2) for a licensed graduate social worker, deleted text begin $144deleted text end new text begin $172new text end ;
(3) for a licensed independent social worker, deleted text begin $216deleted text end new text begin $258new text end ;
(4) for a licensed independent clinical social worker, deleted text begin $238.50deleted text end new text begin $284new text end ;
(5) for an emeritus inactive license, deleted text begin $43.20deleted text end new text begin $51new text end ;
(6) for an emeritus active license, one-half of the renewal fee specified in subdivision
3; and
(7) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
If the licensee's initial license term is less or more than 24 months, the required license
fees must be prorated proportionately.
Subd. 3.
Renewal fees.
new text begin Nonrefundable new text end renewal fees for deleted text begin licensure are as followsdeleted text end new text begin the
two-year renewal term may not exceed the following amounts but may be adjusted lower
by board actionnew text end :
(1) for a licensed social worker, deleted text begin $81deleted text end new text begin $97new text end ;
(2) for a licensed graduate social worker, deleted text begin $144deleted text end new text begin $172new text end ;
(3) for a licensed independent social worker, deleted text begin $216deleted text end new text begin $258new text end ; and
(4) for a licensed independent clinical social worker, deleted text begin $238.50deleted text end new text begin $284new text end .
Subd. 4.
Continuing education provider fees.
Continuing education provider fees are
deleted text begin as followsdeleted text end new text begin the following nonrefundable amountsnew text end :
(1) for a provider who offers programs totaling one to eight clock hours in a one-year
period according to section 148E.145, deleted text begin $50deleted text end new text begin $60new text end ;
(2) for a provider who offers programs totaling nine to 16 clock hours in a one-year
period according to section 148E.145, deleted text begin $100deleted text end new text begin $120new text end ;
(3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year period
according to section 148E.145, deleted text begin $200deleted text end new text begin $240new text end ;
(4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year period
according to section 148E.145, deleted text begin $400deleted text end new text begin $480new text end ; and
(5) for a provider who offers programs totaling 49 or more clock hours in a one-year
period according to section 148E.145, deleted text begin $600deleted text end new text begin $720new text end .
Subd. 5.
Late fees.
Late fees are deleted text begin as followsdeleted text end new text begin the following nonrefundable amountsnew text end :
(1) renewal late fee, one-fourth of the renewal fee specified in subdivision 3;
(2) supervision plan late fee, $40; and
(3) license late fee, $100 plus the prorated share of the license fee specified in subdivision
2 for the number of months during which the individual practiced social work without a
license.
Subd. 6.
License cards and wall certificates.
(a) The fee for a license card as specified
in section 148E.095 is $10.
(b) The fee for a license wall certificate as specified in section 148E.095 is $30.
Subd. 7.
Reactivation fees.
Reactivation fees are deleted text begin as followsdeleted text end new text begin the following nonrefundable
amountsnew text end :
(1) reactivation from a temporary leave or emeritus status, the prorated share of the
renewal fee specified in subdivision 3; and
(2) reactivation of an expired license, 1-1/2 times the renewal fees specified in subdivision
3.
Sec. 33.
Minnesota Statutes 2016, section 150A.06, subdivision 1a, is amended to read:
Subd. 1a.
Faculty dentists.
(a) Faculty members of a school of dentistry must be licensed
in order to practice dentistry as defined in section 150A.05. The board may issue to members
of the faculty of a school of dentistry a license designated as either a "limited faculty license"
or a "full faculty license" entitling the holder to practice dentistry within the terms described
in paragraph (b) or (c). The dean of a school of dentistry and program directors of a
Minnesota dental hygienenew text begin , dental therapy,new text end or dental assisting school accredited by the
Commission on Dental Accreditation shall certify to the board those members of the school's
faculty who practice dentistry but are not licensed to practice dentistry in Minnesota. A
faculty member who practices dentistry as defined in section 150A.05, before beginning
duties in a school of dentistry deleted text begin or adeleted text end new text begin , dental therapy,new text end dental hygienenew text begin ,new text end or dental assisting deleted text begin school,deleted text end
shall apply to the board for a limited or full faculty license. Pursuant to Minnesota Rules,
chapter 3100, and at the discretion of the board, a limited faculty license must be renewed
annually and a full faculty license must be renewed biennially. The faculty applicant shall
pay a nonrefundable fee set by the board for issuing and renewing the faculty license. The
faculty license is valid during the time the holder remains a member of the faculty of a
school of dentistry deleted text begin or adeleted text end new text begin , dental therapy,new text end dental hygienenew text begin ,new text end or dental assisting deleted text begin schooldeleted text end and subjects
the holder to this chapter.
(b) The board may issue to dentist members of the faculty of a Minnesota school of
dentistry, new text begin dental therapy, new text end dental hygiene, or dental assisting accredited by the Commission
on Dental Accreditation, a license designated as a limited faculty license entitling the holder
to practice dentistry within the school and its affiliated teaching facilities, but only for the
purposes of teaching or conducting research. The practice of dentistry at a school facility
for purposes other than teaching or research is not allowed unless the dentist was a faculty
member on August 1, 1993.
(c) The board may issue to dentist members of the faculty of a Minnesota school of
dentistry, new text begin dental therapy, new text end dental hygiene, or dental assisting accredited by the Commission
on Dental Accreditation a license designated as a full faculty license entitling the holder to
practice dentistry within the school and its affiliated deleted text begin teachingdeleted text end facilities deleted text begin and elsewheredeleted text end if the
holder of the license is employed deleted text begin 50 percent time or moredeleted text end new text begin full timenew text end by the school in the
practice of teachingnew text begin , supervising,new text end or research, and upon successful review by the board of
the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule. The
board, at its discretion, may waive specific licensing prerequisites.
Sec. 34.
Minnesota Statutes 2016, section 150A.06, is amended by adding a subdivision
to read:
new text begin Subd. 10.new text end
new text begin Emeritus inactive license.new text end
new text begin (a) A dental professional licensed under this chapter
to practice dentistry, dental therapy, dental hygiene, or dental assisting who retires from
active practice in the state may apply to the board for an emeritus inactive license. An
applicant must apply for an emeritus inactive license on the biennial licensing form or by
petitioning the board.
new text end
new text begin (b) The board shall not grant an emeritus inactive license to an applicant who is the
subject of a disciplinary action resulting in the current suspension, revocation,
disqualification, condition, or restriction of the applicant's license to practice dentistry,
dental therapy, dental hygiene, or dental assisting.
new text end
new text begin (c) An emeritus inactive licensee is prohibited from practicing dentistry, dental therapy,
dental hygiene, or dental assisting. An emeritus inactive license is a formal recognition of
completion of the licensee's dental career in good standing.
new text end
new text begin (d) The board shall charge a onetime fee for issuance of an emeritus inactive license,
pursuant to section 150A.091.
new text end
Sec. 35.
Minnesota Statutes 2016, section 150A.06, is amended by adding a subdivision
to read:
new text begin Subd. 11.new text end
new text begin Emeritus active license.new text end
new text begin (a) A dental professional licensed to practice dentistry,
dental therapy, dental hygiene, or dental assisting, pursuant to section 150A.05 and Minnesota
Rules, part 3100.8500, who declares retirement from active practice in the state may apply
to the board for an emeritus active license. An applicant must apply for an emeritus active
license on a form as required by the board.
new text end
new text begin (b) An emeritus active licensee may engage only in pro bono or volunteer practice, paid
practice not to exceed 240 hours per calendar year for the purpose of providing license
supervision to meet board requirements, and paid consulting services not to exceed 240
hours per calendar year.
new text end
new text begin (c) An emeritus active licensee is prohibited from representing that the licensee is
authorized to engage in any practice except as provided in paragraph (b). The board may
take disciplinary or corrective action against an emeritus active licensee as provided in
section 150A.08.
new text end
new text begin (d) An emeritus active license must be renewed biennially. The renewal requirements
for an emeritus active license are:
new text end
new text begin (1) completion of a renewal form as required by the board;
new text end
new text begin (2) payment of a renewal fee pursuant to section 150A.091; and
new text end
new text begin (3) reporting of 25 completed continuing education hours, which must include:
new text end
new text begin (i) courses in two required CORE areas;
new text end
new text begin (ii) one hour of credit on infection control;
new text end
new text begin (iii) for emeritus active licenses in dentistry and dental therapy, at least 15 fundamental
credits and no more than ten elective credits; and
new text end
new text begin (iv) for emeritus active licenses in dental hygiene and dental assisting, at least seven
fundamental credits and no more than six elective credits.
new text end
Sec. 36.
Minnesota Statutes 2016, section 150A.091, is amended by adding a subdivision
to read:
new text begin Subd. 19.new text end
new text begin Emeritus inactive license.new text end
new text begin Each applicant shall submit with an application
for an emeritus inactive license a onetime, nonrefundable fee in the amount of $50.
new text end
Sec. 37.
Minnesota Statutes 2016, section 150A.091, is amended by adding a subdivision
to read:
new text begin Subd. 20.new text end
new text begin Emeritus active license.new text end
new text begin Each applicant shall submit with an application for
an emeritus inactive license, and each emeritus active licensee shall submit with a renewal
application, a nonrefundable fee as follows:
new text end
new text begin (1) for an emeritus active license in dentistry, $212;
new text end
new text begin (2) for an emeritus active license in dental therapy, $100;
new text end
new text begin (3) for an emeritus active license in dental hygiene, $75; and
new text end
new text begin (4) for an emeritus active license in dental assisting, $55.
new text end
Sec. 38.
Minnesota Statutes 2016, section 151.15, is amended by adding a subdivision to
read:
new text begin Subd. 5.new text end
new text begin Receipt of emergency prescription orders.new text end
new text begin A pharmacist, when that pharmacist
is not present within a licensed pharmacy, may accept a written, verbal, or electronic
prescription drug order from a practitioner only if:
new text end
new text begin (1) the prescription drug order is for an emergency situation where waiting for the
licensed pharmacy from which the prescription will be dispensed to open would likely cause
the patient to experience significant physical harm or discomfort;
new text end
new text begin (2) the pharmacy from which the prescription drug order will be dispensed is closed for
business;
new text end
new text begin (3) the pharmacist has been designated to be on call for the licensed pharmacy that will
fill the prescription drug order;
new text end
new text begin (4) in the case of an electronic prescription drug order, the order must be received through
secure and encrypted electronic means;
new text end
new text begin (5) the pharmacist takes reasonable precautions to ensure that the prescription drug order
will be handled in a manner consistent with federal and state statutes regarding the handling
of protected health information; and
new text end
new text begin (6) the pharmacy from which the prescription drug order will be dispensed has relevant
and appropriate policies and procedures in place and makes them available to the board
upon request.
new text end
Sec. 39.
Minnesota Statutes 2016, section 151.15, is amended by adding a subdivision to
read:
new text begin Subd. 6.new text end
new text begin Processing of emergency prescription orders.new text end
new text begin A pharmacist, when that
pharmacist is not present within a licensed pharmacy, may access a pharmacy prescription
processing system through secure and encrypted electronic means in order to process an
emergency prescription accepted pursuant to subdivision 5 only if:
new text end
new text begin (1) the pharmacy from which the prescription drug order will be dispensed is closed for
business;
new text end
new text begin (2) the pharmacist has been designated to be on call for the licensed pharmacy that will
fill the prescription drug order;
new text end
new text begin (3) the prescription drug order is for a patient of a long-term care facility or a county
correctional facility;
new text end
new text begin (4) the prescription drug order is processed pursuant to this chapter and rules adopted
under this chapter; and
new text end
new text begin (5) the pharmacy from which the prescription drug order will be dispensed has relevant
and appropriate policies and procedures in place and makes them available to the board
upon request.
new text end
Sec. 40.
Minnesota Statutes 2016, section 151.19, subdivision 1, is amended to read:
Subdivision 1.
Pharmacy licensure requirements.
(a) No person shall operate a
pharmacy without first obtaining a license from the board and paying any applicable fee
specified in section 151.065. The license shall be displayed in a conspicuous place in the
pharmacy for which it is issued and expires on June 30 following the date of issue. It is
unlawful for any person to operate a pharmacy unless the license has been issued to the
person by the board.
(b) Application for a pharmacy license under this section shall be made in a manner
specified by the board.
(c) No license shall be issued or renewed for a pharmacy located within the state unless
the applicant agrees to operate the pharmacy in a manner prescribed by federal and state
law and according to rules adopted by the board. No license shall be issued for a pharmacy
located outside of the state unless the applicant agrees to operate the pharmacy in a manner
prescribed by federal law and, when dispensing medications for residents of this state, the
laws of this state, and Minnesota Rules.
(d) No license shall be issued or renewed for a pharmacy that is required to be licensed
or registered by the state in which it is physically located unless the applicant supplies the
board with proof of such licensure or registration.
(e) The board shall require a separate license for each pharmacy located within the state
and for each pharmacy located outside of the state at which any portion of the dispensing
process occurs for drugs dispensed to residents of this state.
(f) The board shall not issue an initial or renewed license for a pharmacy unless the
pharmacy passes an inspection conducted by an authorized representative of the board. In
the case of a pharmacy located outside of the state, the board may require the applicant to
pay the cost of the inspection, in addition to the license fee in section 151.065, unless the
applicant furnishes the board with a report, issued by the appropriate regulatory agency of
the state in which the facility is located, of an inspection that has occurred within the 24
months immediately preceding receipt of the license application by the board. The board
may deny licensure unless the applicant submits documentation satisfactory to the board
that any deficiencies noted in an inspection report have been corrected.
(g) The board shall not issue an initial or renewed license for a pharmacy located outside
of the state unless the applicant discloses and certifies:
(1) the location, names, and titles of all principal corporate officers and all pharmacists
who are involved in dispensing drugs to residents of this state;
(2) that it maintains its records of drugs dispensed to residents of this state so that the
records are readily retrievable from the records of other drugs dispensed;
(3) that it agrees to cooperate with, and provide information to, the board concerning
matters related to dispensing drugs to residents of this state;
(4) that, during its regular hours of operation, but no less than six days per week, for a
minimum of 40 hours per week, a toll-free telephone service is provided to facilitate
communication between patients in this state and a pharmacist at the pharmacy who has
access to the patients' records; the toll-free number must be disclosed on the label affixed
to each container of drugs dispensed to residents of this state; and
(5) that, upon request of a resident of a long-term care facility located in this state, the
resident's authorized representative, or a contract pharmacy or licensed health care facility
acting on behalf of the resident, the pharmacy will dispense medications prescribed for the
resident in unit-dose packaging or, alternatively, comply with section 151.415, subdivision
5.
new text begin (h) This subdivision does not apply to a manufacturer licensed under section 151.252,
subdivision 1, a wholesale drug distributor licensed under section 151.47, or a third-party
logistics provider, to the extent the manufacturer, wholesale drug distributor, or third-party
logistics provider is engaged in the distribution of dialysate or devices necessary to perform
home peritoneal dialysis on patients with end-stage renal disease, if:
new text end
new text begin (1) the manufacturer or its agent leases or owns the licensed manufacturing or wholesaling
facility from which the dialysate or devices will be delivered;
new text end
new text begin (2) the dialysate is comprised of dextrose or icodextrin and has been approved by the
United States Food and Drug Administration;
new text end
new text begin (3) the dialysate is stored and delivered in its original, sealed, and unopened
manufacturer's packaging;
new text end
new text begin (4) the dialysate or devices are delivered only upon:
new text end
new text begin (i) receipt of a physician's order by a Minnesota licensed pharmacy; and
new text end
new text begin (ii) the review and processing of the prescription by a pharmacist licensed by the state
in which the pharmacy is located, who is employed by or under contract to the pharmacy;
new text end
new text begin (5) prescriptions, policies, procedures, and records of delivery are maintained by the
manufacturer for a minimum of three years and are made available to the board upon request;
and
new text end
new text begin (6) the manufacturer or the manufacturer's agent delivers the dialysate or devices directly
to:
new text end
new text begin (i) a patient with end-stage renal disease for whom the prescription was written or the
patient's designee, for the patient's self-administration of the dialysis therapy; or
new text end
new text begin (ii) a health care provider or institution, for administration or delivery of the dialysis
therapy to a patient with end-stage renal disease for whom the prescription was written.
new text end
Sec. 41.
Minnesota Statutes 2016, section 151.46, is amended to read:
151.46 PROHIBITED DRUG PURCHASES OR RECEIPT.
It is unlawful for any person to knowingly purchase or receive a prescription drug from
a source other than a person or entity licensed under the laws of the state, except where
otherwise provided. Licensed wholesale drug distributors other than pharmacies shall not
dispense or distribute prescription drugs directly to patientsnew text begin except for licensed facilities
that dispense or distribute home peritoneal dialysis products directly to patients pursuant
to section 151.19, subdivision 1, paragraph (h)new text end . A person violating the provisions of this
section is guilty of a misdemeanor.
Sec. 42.
Minnesota Statutes 2016, section 214.075, subdivision 1, is amended to read:
Subdivision 1.
Applications.
(a) deleted text begin By January 1, 2018,deleted text end Each health-related licensing
board, as defined in section 214.01, subdivision 2, shall require deleted text begin applicants for initial licensure,
licensure by endorsement, or reinstatement or other relicensure after a lapse in licensure,
as defined by the individual health-related licensing boards,deleted text end new text begin the following individualsnew text end to
submit to a criminal history records check of state data completed by the Bureau of Criminal
Apprehension (BCA) and a national criminal history records check, including a search of
the records of the Federal Bureau of Investigation (FBI)deleted text begin .deleted text end new text begin :
new text end
new text begin (1) applicants for initial licensure or licensure by endorsement. An applicant is exempt
from this paragraph if the applicant submitted to a state and national criminal history records
check as described in this paragraph for a license issued by the same board;
new text end
new text begin (2) applicants seeking reinstatement or relicensure, as defined by the individual
health-related licensing board, if more than one year has elapsed since the applicant's license
or registration expiration date; or
new text end
new text begin (3) licensees applying for eligibility to participate in an interstate licensure compact.
new text end
(b) deleted text begin An applicant must complete a criminal background check if more than one year has
elapsed since the applicant last submitted a background check to the board.deleted text end new text begin An applicant's
criminal background check results are valid for one year from the date the background check
results were received by the board. If more than one year has elapsed since the results were
received by the board, then an applicant who has not completed the licensure, reinstatement,
or relicensure process must complete a new background check.
new text end
Sec. 43.
Minnesota Statutes 2016, section 214.075, subdivision 4, is amended to read:
Subd. 4.
Refusal to consent.
(a) The health-related licensing boards shall not issue a
license to any applicant who refuses to consent to a criminal background check or fails to
submit fingerprints deleted text begin within 90 daysdeleted text end after submission of an application for licensure. Any
fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
to the criminal background check or fails to submit the required fingerprints.
(b) The failure of a licensee to submit to a criminal background check as provided in
subdivision 3 is grounds for disciplinary action by the respective health-related licensing
board.
Sec. 44.
Minnesota Statutes 2016, section 214.075, subdivision 5, is amended to read:
Subd. 5.
Submission of fingerprints to the Bureau of Criminal Apprehension.
The
health-related licensing board or designee shall submit applicant or licensee fingerprints to
the BCA. The BCA shall perform a check for state criminal justice information and shall
forward the applicant's or licensee's fingerprints to the FBI to perform a check for national
criminal justice information regarding the applicant or licensee. The BCA shall report to
the board the results of the state and national criminal deleted text begin justice informationdeleted text end new text begin history recordsnew text end
checks.
Sec. 45.
Minnesota Statutes 2016, section 214.075, subdivision 6, is amended to read:
Subd. 6.
Alternatives to fingerprint-based criminal background checks.
The
health-related licensing board may require an alternative method of criminal history checks
for an applicant or licensee who has submitted at least deleted text begin threedeleted text end new text begin twonew text end sets of fingerprints in
accordance with this section that have been unreadable by the BCA or the FBI.
Sec. 46.
Minnesota Statutes 2016, section 214.077, is amended to read:
214.077 TEMPORARY LICENSE SUSPENSION; IMMINENT RISK OF SERIOUS
HARM.
(a) Notwithstanding any provision of a health-related professional practice act, when a
health-related licensing board receives a complaint regarding a regulated person and has
probable cause to believe that the regulated person has violated a statute or rule that the
health-related licensing board is empowered to enforce, and continued practice by the
regulated person presents an imminent risk of serious harm, the health-related licensing
board shall issue an order temporarily suspending the regulated person's authority to practice.
The temporary suspension order shall specify the reason for the suspension, including the
statute or rule alleged to have been violated. The temporary suspension order shall take
effect upon personal service on the regulated person or the regulated person's attorney, or
upon the third calendar day after the order is served by first class mail to the most recent
address provided to the health-related licensing board for the regulated person or the regulated
person's attorney.
(b) The temporary suspension shall remain in effect until the health-related licensing
board or the commissioner completes an investigation, holds a contested case hearing
pursuant to the Administrative Procedure Act, and issues a final order in the matter as
provided for in this section.
(c) At the time it issues the temporary suspension order, the health-related licensing
board shall schedule a contested case hearing, on the merits of whether discipline is
warranted, to be held pursuant to the Administrative Procedure Act. The regulated person
shall be provided with at least ten days' notice of any contested case hearing held pursuant
to this section. The contested case hearing shall be scheduled to begin no later than 30 days
after the effective service of the temporary suspension order.
(d) The administrative law judge presiding over the contested case hearing shall issue
a report and recommendation to the health-related licensing board no later than 30 days
after the final day of the contested case hearing.new text begin If the administrative law judge's report and
recommendations are for no action,new text end the health-related licensing board shall issue a final
order pursuant to sections 14.61 and 14.62 within 30 days of receipt of the administrative
law judge's report and recommendations.new text begin If the administrative law judge's report and
recommendations are for action, the health-related licensing board shall issue a final order
pursuant to sections 14.61 and 14.62 within 60 days of receipt of the administrative law
judge's report and recommendations.new text end Except as provided in paragraph (e), if the health-related
licensing board has not issued a final order pursuant to sections 14.61 and 14.62 within 30
days of receipt of the administrative law judge's report and recommendationsnew text begin for no action
or within 60 days of receipt of the administrative law judge's report and recommendations
for actionnew text end , the temporary suspension shall be lifted.
(e) If the regulated person requests a delay in the contested case proceedings provided
for in paragraphs (c) and (d) for any reason, the temporary suspension shall remain in effect
until the health-related licensing board issues a final order pursuant to sections 14.61 and
14.62.
(f) This section shall not apply to the Office of Unlicensed Complementary and
Alternative Health Practice established under section 146A.02. The commissioner of health
shall conduct temporary suspensions for complementary and alternative health care
practitioners in accordance with section 146A.09.
Sec. 47.
Minnesota Statutes 2016, section 214.10, subdivision 8, is amended to read:
Subd. 8.
Special requirements for health-related licensing boards.
In addition to the
provisions of this section that apply to all examining and licensing boards, the requirements
in this subdivision apply to all health-related licensing boards, except the Board of Veterinary
Medicine.
(a) If the executive director or consulted board member determines that a communication
received alleges a violation of statute or rule that involves sexual contact with a patient or
client, the communication shall be forwarded to the designee of the attorney general for an
investigation of the facts alleged in the communication. If, after an investigation it is the
opinion of the executive director or consulted board member that there is sufficient evidence
to justify disciplinary action, the board shall conduct a disciplinary conference or hearing.
If, after a hearing or disciplinary conference the board determines that misconduct involving
sexual contact with a patient or client occurred, the board shall take disciplinary action.
Notwithstanding subdivision 2, a board may not attempt to correct improper activities or
redress grievances through education, conciliation, and persuasion, unless in the opinion of
the executive director or consulted board member there is insufficient evidence to justify
disciplinary action. The board may settle a case by stipulation prior to, or during, a hearing
if the stipulation provides for disciplinary action.
(b) A board member who has a direct current or former financial connection or
professional relationship to a person who is the subject of board disciplinary activities must
not participate in board activities relating to that case.
(c) Each health-related licensing board shall establish procedures for exchanging
information with other Minnesota state boards, agencies, and departments responsible for
regulating health-related occupations, facilities, and programs, and for coordinating
investigations involving matters within the jurisdiction of more than one regulatory body.
The procedures must provide for the forwarding to other regulatory bodies of all information
and evidence, including the results of investigations, that are relevant to matters within that
licensing body's regulatory jurisdiction. Each health-related licensing board shall have access
to any data of the Department of Human Services relating to a person subject to the
jurisdiction of the licensing board. The data shall have the same classification under chapter
13, the Minnesota Government Data Practices Act, in the hands of the agency receiving the
data as it had in the hands of the Department of Human Services.
(d) Each health-related licensing board shall establish procedures for exchanging
information with other states regarding disciplinary actions against licensees. The procedures
must provide for the collection of information from other states about disciplinary actions
taken against persons who are licensed to practice in Minnesota or who have applied to be
licensed in this state and the dissemination of information to other states regarding
disciplinary actions taken in Minnesota. In addition to any authority in chapter 13 permitting
the dissemination of data, the board may, in its discretion, disseminate data to other states
regardless of its classification under chapter 13. new text begin Criminal history record information shall
not be exchanged. new text end Before transferring any data that is not public, the board shall obtain
reasonable assurances from the receiving state that the data will not be made public.
Sec. 48.
Minnesota Statutes 2016, section 214.12, is amended by adding a subdivision to
read:
new text begin Subd. 6.new text end
new text begin Opioid and controlled substances prescribing.new text end
new text begin (a) The Board of Medical
Practice, the Board of Nursing, the Board of Dentistry, the Board of Optometry, and the
Board of Podiatric Medicine shall require that licensees with the authority to prescribe
controlled substances obtain at least two hours of continuing education credit on best practices
in prescribing opioids and controlled substances, as part of the continuing education
requirements for licensure renewal. Licensees shall not be required to complete more than
two credit hours of continuing education on best practices in prescribing opioids and
controlled substances before this subdivision expires. Continuing education credit on best
practices in prescribing opioids and controlled substances must meet board requirements.
new text end
new text begin (b) This subdivision expires January 1, 2023.
new text end
new text begin EFFECTIVE DATE.new text end
new text begin This section is effective January 1, 2019.
new text end
Sec. 49.
Minnesota Statutes 2017 Supplement, section 364.09, is amended to read:
364.09 EXCEPTIONS.
(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to the licensing
and background investigation process under chapter 240; to eligibility for school bus driver
endorsements; to eligibility for special transportation service endorsements; to eligibility
for a commercial driver training instructor license, which is governed by section 171.35
and rules adopted under that section; to emergency medical services personnel, or to the
licensing by political subdivisions of taxicab drivers, if the applicant for the license has
been discharged from sentence for a conviction within the ten years immediately preceding
application of a violation of any of the following:
(1) sections 609.185 to 609.2114, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3; or Minnesota Statutes 2012, section 609.21;
(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years
or more; or
(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.
This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.
(b) This chapter does not apply to a school district or to eligibility for a license issued
or renewed by the Professional Educator Licensing and Standards Board or the commissioner
of education.
(c) Nothing in this section precludes the Minnesota Police and Peace Officers Training
Board or the state fire marshal from recommending policies set forth in this chapter to the
attorney general for adoption in the attorney general's discretion to apply to law enforcement
or fire protection agencies.
deleted text begin (d) This chapter does not apply to a license to practice medicine that has been denied or
revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
deleted text end
deleted text begin (e) This chapter does not apply to any person who has been denied a license to practice
chiropractic or whose license to practice chiropractic has been revoked by the board in
accordance with section 148.10, subdivision 7.
deleted text end
deleted text begin (f) This chapter does not apply to any license, registration, or permit that has been denied
or revoked by the Board of Nursing in accordance with section 148.261, subdivision 1a.
deleted text end
deleted text begin (g)deleted text end new text begin (d)new text end This chapter does not apply to any license, registration, permit, or certificate that
has been denied or revoked by the commissioner of health according to section 148.5195,
subdivision 5; or 153A.15, subdivision 2.
deleted text begin (h)deleted text end new text begin (e)new text end This chapter does not supersede a requirement under law to conduct a criminal
history background investigation or consider criminal history records in hiring for particular
types of employment.
new text begin (f) This chapter does not apply to the licensing or registration process for, or to any
license, registration, or permit that has been denied or revoked by, a health-related licensing
board listed in section 214.01, subdivision 2.
new text end
Sec. 50. new text begin GUIDELINES AUTHORIZING PATIENT-ASSISTED MEDICATION
ADMINISTRATION.
new text end
new text begin (a) Within the limits of the board's available appropriation, the Emergency Medical
Services Regulatory Board shall propose guidelines authorizing EMTs, AEMTs, and
paramedics certified under Minnesota Statutes, section 144E.28, to assist a patient in
emergency situations with administering prescription medications that are:
new text end
new text begin (1) carried by a patient;
new text end
new text begin (2) intended to treat adrenal insufficiency or other rare conditions that require emergency
treatment with a previously prescribed medication;
new text end
new text begin (3) intended to treat a specific life-threatening condition; and
new text end
new text begin (4) administered via routes of delivery that are within the scope of training of the EMT,
AEMT, or paramedic.
new text end
new text begin (b) The proposed guidelines shall include language that requires the ambulance service
to be available to patients or their caregivers who have medical conditions identified in
paragraph (a) to define the patient's needs and, when appropriate, develop specific care
plans and provide education or other resources at the discretion of the ambulance service
medical director.
new text end
new text begin (c) The Emergency Medical Services Regulatory Board shall submit the proposed
guidelines and draft legislation as necessary to the chairs and ranking minority members of
the legislative committees with jurisdiction over health care by January 1, 2019.
new text end
Sec. 51. new text begin REPEALER.
new text end
new text begin (a)new text end new text begin Minnesota Statutes 2016, section 214.075, subdivision 8,new text end new text begin is repealed.
new text end
new text begin (b)new text end new text begin Minnesota Rules, part 5600.0605, subparts 5 and 8,new text end new text begin are repealed.
new text end
ARTICLE 38
OPIOIDS AND PRESCRIPTION DRUGS
Section 1.
Minnesota Statutes 2017 Supplement, section 152.105, subdivision 2, is amended
to read:
Subd. 2.
Sheriff to maintain collection receptaclenew text begin or medicine disposal programnew text end .
new text begin (a)
new text end The sheriff of each county shall maintain or contract for the maintenance of at least one
collection receptaclenew text begin or implement a medicine disposal programnew text end for the disposal of
noncontrolled substances, pharmaceutical controlled substances, and other legend drugs,
as permitted by federal law. For purposes of this section, "legend drug" has the meaning
given in section 151.01, subdivision 17. The collection receptaclenew text begin and medicine disposal
programnew text end must comply with federal law. In maintaining and operating the collection receptaclenew text begin
or medicine disposal programnew text end , the sheriff shall follow all applicable provisions of Code of
Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, as amended
through May 1, 2017.
new text begin (b) For purposes of this subdivision:
new text end
new text begin (1) a medicine disposal program means providing to the public educational information,
and making materials available for safely destroying unwanted legend drugs, including, but
not limited to, drug destruction bags or drops; and
new text end
new text begin (2) a collection receptacle means the operation and maintenance of at least one drop-off
receptacle.
new text end
Sec. 2.
Minnesota Statutes 2016, section 152.11, subdivision 2, is amended to read:
Subd. 2.
Prescription requirements for Schedule III or IV controlled substances.
No person may dispense a controlled substance included in Schedule III or IV of section
152.02 without a prescription issued, as permitted under subdivision 1, by a doctor of
medicine, a doctor of osteopathic medicine licensed to practice medicine, a doctor of dental
surgery, a doctor of dental medicine, a doctor of podiatry, a doctor of optometry limited to
Schedule IV, or a doctor of veterinary medicine, lawfully licensed to prescribe in this state
or from a practitioner licensed to prescribe controlled substances by the state in which the
prescription is issued, and having a current federal drug enforcement administration
registration number. Such prescription may not be dispensed or refilled except with the
documented consent of the prescriber, and in no event more than six months after the date
on which such prescription was issuednew text begin , unless a shorter period of time is specified in
subdivision 5,new text end and no such prescription may be refilled more than five times.
Sec. 3.
Minnesota Statutes 2016, section 152.11, is amended by adding a subdivision to
read:
new text begin Subd. 5.new text end
new text begin Limitations on the dispensing of opioid prescription drug orders.new text end
new text begin (a) No
prescription drug order for an opioid drug listed in Schedule II may be dispensed by a
pharmacist or other dispenser more than 30 days after the date on which the prescription
drug order was issued.
new text end
new text begin (b) No prescription drug order for an opioid drug listed in Schedules III through V may
be initially dispensed by a pharmacist or other dispenser more than 30 days after the date
on which the prescription drug order was issued. No prescription drug order for an opioid
drug listed in Schedules III through V may be refilled by a pharmacist or other dispenser
more than 45 days after the previous date on which it was dispensed.
new text end
new text begin (c) For purposes of this section, "dispenser" has the meaning given in section 152.126,
subdivision 1.
new text end
Sec. 4.
Minnesota Statutes 2016, section 152.126, subdivision 2, is amended to read:
Subd. 2.
Prescription electronic reporting system.
(a) The board shall establish by
January 1, 2010, an electronic system for reporting the information required under subdivision
4 for all controlled substances dispensed within the state.
(b) The board may contract with a vendor for the purpose of obtaining technical assistance
in the design, implementation, operation, and maintenance of the electronic reporting system.
new text begin (c) Before entering into a new contract or before renegotiating a current contract with
a private vendor for the operation of the prescription monitoring program, the Board of
Pharmacy must: (1) ensure that the vendor complies with the National Institute Standards
and Technology standards for interoperability, security, and ongoing support; and (2) provide
at least 30 days' notice to the Legislative Advisory Commission. The board may enter into
a new contract or renegotiate a current contract only if the Legislative Advisory Commission
provides a positive recommendation or no recommendation, and shall not enter into a new
contract or renegotiate a current contract if the Legislative Advisory Commission provides
a negative recommendation.
new text end
Sec. 5.
Minnesota Statutes 2016, section 152.126, subdivision 6, is amended to read:
Subd. 6.
Access to reporting system data.
(a) Except as indicated in this subdivision,
the data submitted to the board under subdivision 4 is private data on individuals as defined
in section 13.02, subdivision 12, and not subject to public disclosure.
(b) Except as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals under federal and state law:
(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient, to whom the prescriber is:
(i) prescribing or considering prescribing any controlled substance;
(ii) providing emergency medical treatment for which access to the data may be necessary;
(iii) providing care, and the prescriber has reason to believe, based on clinically valid
indications, that the patient is potentially abusing a controlled substance; or
(iv) providing other medical treatment for which access to the data may be necessary
for a clinically valid purpose and the patient has consented to access to the submitted data,
and with the provision that the prescriber remains responsible for the use or misuse of data
accessed by a delegated agent or employee;
(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient to whom that dispenser is dispensing or considering dispensing any
controlled substance and with the provision that the dispenser remains responsible for the
use or misuse of data accessed by a delegated agent or employee;
(3) a licensed pharmacist who is providing pharmaceutical care for which access to the
data may be necessary to the extent that the information relates specifically to a current
patient for whom the pharmacist is providing pharmaceutical care: (i) if the patient has
consented to access to the submitted data; or (ii) if the pharmacist is consulted by a prescriber
who is requesting data in accordance with clause (1);
(4) an individual who is the recipient of a controlled substance prescription for which
data was submitted under subdivision 4, or a guardian of the individual, parent or guardian
of a minor, or health care agent of the individual acting under a health care directive under
chapter 145Cnew text begin . For purposes of this clause, access by individuals includes persons in the
definition of an individual under section 13.02new text end ;
(5) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2, or of the Emergency Medical Services Regulatory Board, assigned to conduct
a bona fide investigation of a complaint received by that board that alleges that a specific
licensee is impaired by use of a drug for which data is collected under subdivision 4, has
engaged in activity that would constitute a crime as defined in section 152.025, or has
engaged in the behavior specified in subdivision 5, paragraph (a);
(6) personnel of the board engaged in the collection, review, and analysis of controlled
substance prescription information as part of the assigned duties and responsibilities under
this section;
(7) authorized personnel of a vendor under contract with the state of Minnesota who are
engaged in the design, implementation, operation, and maintenance of the prescription
monitoring program as part of the assigned duties and responsibilities of their employment,
provided that access to data is limited to the minimum amount necessary to carry out such
duties and responsibilities, and subject to the requirement of de-identification and time limit
on retention of data specified in subdivision 5, paragraphs (d) and (e);
(8) federal, state, and local law enforcement authorities acting pursuant to a valid search
warrant;
(9) personnel of the Minnesota health care programs assigned to use the data collected
under this section to identify and manage recipients whose usage of controlled substances
may warrant restriction to a single primary care provider, a single outpatient pharmacy, and
a single hospital;
(10) personnel of the Department of Human Services assigned to access the data pursuant
to paragraph (i);
(11) personnel of the health professionals services program established under section
214.31, to the extent that the information relates specifically to an individual who is currently
enrolled in and being monitored by the program, and the individual consents to access to
that information. The health professionals services program personnel shall not provide this
data to a health-related licensing board or the Emergency Medical Services Regulatory
Board, except as permitted under section 214.33, subdivision 3deleted text begin .deleted text end new text begin ; and
new text end
deleted text begin For purposes of clause (4), access by an individual includes persons in the definition of
an individual under section 13.02; and
deleted text end
(12) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2, assigned to conduct a bona fide investigation of a complaint received by that
board that alleges that a specific licensee is inappropriately prescribing controlled substances
as defined in this section.
(c) By July 1, 2017, every prescriber licensed by a health-related licensing board listed
in section 214.01, subdivision 2, practicing within this state who is authorized to prescribe
controlled substances for humans and who holds a current registration issued by the federal
Drug Enforcement Administration, and every pharmacist licensed by the board and practicing
within the state, shall register and maintain a user account with the prescription monitoring
program. Data submitted by a prescriber, pharmacist, or their delegate during the registration
application process, other than their name, license number, and license type, is classified
as private pursuant to section 13.02, subdivision 12.
(d) new text begin Notwithstanding paragraph (b), beginning January 1, 2020, a prescriber who is
practicing in an emergency department, urgent care clinic, or a walk-in health clinic offering
health care services, or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, must access the data submitted under subdivision
4 to the extent the information relates specifically to the patient before the prescriber issues
a prescription order to the patient for a Schedule II through IV opiate controlled substance.
new text end
new text begin (e) Paragraph (d) does not apply if:
new text end
new text begin (1) due to a medical emergency, it is not possible for the prescriber to review the data
before the prescriber issues the prescription order for the patient; or
new text end
new text begin (2) the prescriber is unable to access the data due to operational or other technological
failure of the program so long as the prescriber reports the failure to the board.
new text end
new text begin (f) new text end Only permissible users identified in paragraph (b), clauses (1), (2), (3), (6), (7), (9),
and (10), may directly access the data electronically. No other permissible users may directly
access the data electronically. If the data is directly accessed electronically, the permissible
user shall implement and maintain a comprehensive information security program that
contains administrative, technical, and physical safeguards that are appropriate to the user's
size and complexity, and the sensitivity of the personal information obtained. The permissible
user shall identify reasonably foreseeable internal and external risks to the security,
confidentiality, and integrity of personal information that could result in the unauthorized
disclosure, misuse, or other compromise of the information and assess the sufficiency of
any safeguards in place to control the risks.
deleted text begin (e)deleted text end new text begin (g)new text end The board shall not release data submitted under subdivision 4 unless it is provided
with evidence, satisfactory to the board, that the person requesting the information is entitled
to receive the data.
deleted text begin (f)deleted text end new text begin (h)new text end The board shall maintain a log of all persons who access the data for a period of
at least three years and shall ensure that any permissible user complies with paragraph (c)
prior to attaining direct access to the data.
deleted text begin (g)deleted text end new text begin (i)new text end Section 13.05, subdivision 6, shall apply to any contract the board enters into
pursuant to subdivision 2. A vendor shall not use data collected under this section for any
purpose not specified in this section.
deleted text begin (h)deleted text end new text begin (j)new text end The board may participate in an interstate prescription monitoring program data
exchange system provided that permissible users in other states have access to the data only
as allowed under this section, and that section 13.05, subdivision 6, applies to any contract
or memorandum of understanding that the board enters into under this paragraph.
deleted text begin (i)deleted text end new text begin (k)new text end With available appropriations, the commissioner of human services shall establish
and implement a system through which the Department of Human Services shall routinely
access the data for the purpose of determining whether any client enrolled in an opioid
treatment program licensed according to chapter 245A has been prescribed or dispensed a
controlled substance in addition to that administered or dispensed by the opioid treatment
program. When the commissioner determines there have been multiple prescribers or multiple
prescriptions of controlled substances, the commissioner shall:
(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and
(2) direct the medical director of the opioid treatment program to access the data directly,
review the effect of the multiple prescribers or multiple prescriptions, and document the
review.
If determined necessary, the commissioner of human services shall seek a federal waiver
of, or exception to, any applicable provision of Code of Federal Regulations, title 42, section
2.34, paragraph (c), prior to implementing this paragraph.
deleted text begin (j)deleted text end new text begin (l)new text end The board shall review the data submitted under subdivision 4 on at least a quarterly
basis and shall establish criteria, in consultation with the advisory task force, for referring
information about a patient to prescribers and dispensers who prescribed or dispensed the
prescriptions in question if the criteria are met.new text begin The board shall also submit an annual report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance that provides information on the
prescribing trends for opiates, including the number of opiate prescriptions issued for the
previous calendar year.
new text end
Sec. 6.
Minnesota Statutes 2016, section 152.126, subdivision 10, is amended to read:
Subd. 10.
Funding.
(a) The board may seek grants and private funds from nonprofit
charitable foundations, the federal government, and other sources to fund the enhancement
and ongoing operations of the prescription monitoring program established under this section.
Any funds received shall be appropriated to the board for this purpose. The board may not
expend funds to enhance the program in a way that conflicts with this section without seeking
approval from the legislature.
(b) Notwithstanding any other section, the administrative services unit for the
health-related licensing boards shall apportion between the Board of Medical Practice, the
Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to be
paid through fees by each respective board. The amount apportioned to each board shall
equal each board's share of the annual appropriation to the Board of Pharmacy from the
state government special revenue fund for operating the prescription monitoring program
under this section. Each board's apportioned share shall be based on the number of prescribers
or dispensers that each board identified in this paragraph licenses as a percentage of the
total number of prescribers and dispensers licensed collectively by these boards. Each
respective board may adjust the fees that the boards are required to collect to compensate
for the amount apportioned to each board by the administrative services unit.
new text begin (c) The board shall have the authority to modify its contract with its vendor as provided
in subdivision 2, to authorize that vendor to provide a service to prescribers and pharmacies
that allows them to access prescription monitoring program data from within the electronic
health record system or pharmacy software used by those prescribers and pharmacists. The
board must ensure that the integration of access shall not modify any requirements or
procedures in this section regarding the information that must be reported to the database,
who can access the database and for what purpose, and the data classification of information
in the database, and shall not require a prescriber to access the database prior to issuing a
prescription for a controlled substance, other than as required under subdivision 6, paragraph
(d). The board must also ensure that the vendor complies with the encryption of data
requirement and the time limit on data retention specified in subdivision 5. Beginning July
1, 2018, the board has the authority to collect an annual fee from each prescriber or
pharmacist who accesses prescription monitoring program data through the service offered
by the vendor. The annual fee collected must not exceed $50 per user. The fees collected
by the board under this paragraph shall be deposited in the state government special revenue
fund and are appropriated to the board for the purposes of this paragraph.
new text end
Sec. 7.
Minnesota Statutes 2017 Supplement, section 245G.05, subdivision 1, is amended
to read:
Subdivision 1.
Comprehensive assessment.
(a) A comprehensive assessment of the
client's substance use disorder must be administered face-to-face by an alcohol and drug
counselor within three calendar days after service initiation for a residential program or
during the initial session for all other programs.new text begin A program may permit a licensed staff
person who is not qualified as an alcohol and drug counselor to interview the client in areas
of the comprehensive assessment that are otherwise within the competencies and scope of
practice of that licensed staff person and an alcohol and drug counselor does not need to be
face-to-face with the client during this interview. The alcohol and drug counselor must
review all of the information contained in a comprehensive assessment and, by signature,
confirm the information is accurate and complete and meets the requirements for the
comprehensive assessment.new text end If the comprehensive assessment is not completed during the
initial session, the client-centered reason for the delay must be documented in the client's
file and the planned completion date. If the client received a comprehensive assessment that
authorized the treatment service, an alcohol and drug counselor must review the assessment
to determine compliance with this subdivision, including applicable timelines. If available,
the alcohol and drug counselor may use current information provided by a referring agency
or other source as a supplement. Information gathered more than 45 days before the date
of admission is not considered current. The comprehensive assessment must include sufficient
information to complete the assessment summary according to subdivision 2 and the
individual treatment plan according to section 245G.06. The comprehensive assessment
must include information about the client's needs that relate to substance use and personal
strengths that support recovery, including:
(1) age, sex, cultural background, sexual orientation, living situation, economic status,
and level of education;
(2) circumstances of service initiation;
(3) previous attempts at treatment for substance misuse or substance use disorder,
compulsive gambling, or mental illness;
(4) substance use history including amounts and types of substances used, frequency
and duration of use, periods of abstinence, and circumstances of relapse, if any. For each
substance used within the previous 30 days, the information must include the date of the
most recent use and previous withdrawal symptoms;
(5) specific problem behaviors exhibited by the client when under the influence of
substances;
(6) family status, family history, including history or presence of physical or sexual
abuse, level of family support, and substance misuse or substance use disorder of a family
member or significant other;
(7) physical concerns or diagnoses, the severity of the concerns, and whether the concerns
are being addressed by a health care professional;
(8) mental health history and psychiatric status, including symptoms, disability, current
treatment supports, and psychotropic medication needed to maintain stability; the assessment
must utilize screening tools approved by the commissioner pursuant to section 245.4863 to
identify whether the client screens positive for co-occurring disorders;
(9) arrests and legal interventions related to substance use;
(10) ability to function appropriately in work and educational settings;
(11) ability to understand written treatment materials, including rules and the client's
rights;
(12) risk-taking behavior, including behavior that puts the client at risk of exposure to
blood-borne or sexually transmitted diseases;
(13) social network in relation to expected support for recovery and leisure time activities
that are associated with substance use;
(14) whether the client is pregnant and, if so, the health of the unborn child and the
client's current involvement in prenatal care;
(15) whether the client recognizes problems related to substance use and is willing to
follow treatment recommendations; and
(16) collateral information. If the assessor gathered sufficient information from the
referral source or the client to apply the criteria in Minnesota Rules, parts 9530.6620 and
9530.6622, a collateral contact is not required.
(b) If the client is identified as having opioid use disorder or seeking treatment for opioid
use disorder, the program must provide educational information to the client concerning:
(1) risks for opioid use disorder and dependence;
(2) treatment options, including the use of a medication for opioid use disorder;
(3) the risk of and recognizing opioid overdose; and
(4) the use, availability, and administration of naloxone to respond to opioid overdose.
(c) The commissioner shall develop educational materials that are supported by research
and updated periodically. The license holder must use the educational materials that are
approved by the commissioner to comply with this requirement.
(d) If the comprehensive assessment is completed to authorize treatment service for the
client, at the earliest opportunity during the assessment interview the assessor shall determine
if:
(1) the client is in severe withdrawal and likely to be a danger to self or others;
(2) the client has severe medical problems that require immediate attention; or
(3) the client has severe emotional or behavioral symptoms that place the client or others
at risk of harm.
If one or more of the conditions in clauses (1) to (3) are present, the assessor must end the
assessment interview and follow the procedures in the program's medical services plan
under section 245G.08, subdivision 2, to help the client obtain the appropriate services. The
assessment interview may resume when the condition is resolved.
Sec. 8.
Minnesota Statutes 2017 Supplement, section 254A.03, subdivision 3, is amended
to read:
Subd. 3.
Rules for substance use disorder care.
(a) The commissioner of human
services shall establish by rule criteria to be used in determining the appropriate level of
chemical dependency care for each recipient of public assistance seeking treatment for
substance misuse or substance use disorder. Upon federal approval of a comprehensive
assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding
the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, an eligible vendor of
comprehensive assessments under section 254B.05 may determine and approve the
appropriate level of substance use disorder treatment for a recipient of public assistance.
The process for determining an individual's financial eligibility for the consolidated chemical
dependency treatment fund or determining an individual's enrollment in or eligibility for a
publicly subsidized health plan is not affected by the individual's choice to access a
comprehensive assessment for placement.
(b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.
new text begin (c) Notwithstanding section 254B.05, subdivision 5, paragraph (b), clause (2), an
individual employed by a county on July 1, 2018, who has been performing assessments
for the purpose of Minnesota Rules, part 9530.6615, is qualified to perform a comprehensive
assessment if the following conditions are met as of July 1, 2018:
new text end
new text begin (1) the individual is exempt from licensure under section 148F.11, subdivision 1;
new text end
new text begin (2) the individual is qualified as an assessor under Minnesota Rules, part 9530.6615,
subpart 2; and
new text end
new text begin (3) the individual has three years employment as an assessor or is under the supervision
of an individual who meets the requirements of an alcohol and drug counselor supervisor
under section 245G.11, subdivision 4.
new text end
new text begin Beginning July 1, 2020, an individual who is qualified to do a comprehensive assessment
under this paragraph must also demonstrate completion of the applicable coursework
requirements of section 245G.11, subdivision 5, paragraph (b).
new text end
Sec. 9.
Minnesota Statutes 2017 Supplement, section 254B.12, subdivision 3, is amended
to read:
Subd. 3.
Chemical dependency provider rate increase.
For the chemical dependency
services listed in section 254B.05, subdivision 5, and provided on or after July 1, deleted text begin 2017deleted text end new text begin 2018new text end ,
payment rates shall be increased by deleted text begin onedeleted text end new text begin 1.74new text end percent over the rates in effect on January 1,
deleted text begin 2017deleted text end new text begin 2018new text end , for vendors who meet the requirements of section 254B.05.
Sec. 10.
new text begin [256.043] OPIATE EPIDEMIC RESPONSE ACCOUNT.
new text end
new text begin Subdivision 1.new text end
new text begin Establishment.new text end
new text begin The opiate epidemic response account is established in
the special revenue fund in the state treasury.
new text end
new text begin Subd. 2.new text end
new text begin Proposed grants.new text end
new text begin By February 15 of each year, beginning February 15, 2019,
the commissioner of human services, in consultation with the commissioners of health,
education, and public safety, shall submit a report to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services, education,
and public safety, outlining proposed projects to achieve the greatest impact and ensure a
coordinated state effort to address the state's opioid addiction and overdose epidemic.
new text end
new text begin Subd. 3.new text end
new text begin Use of account funds.new text end
new text begin (a) Beginning in fiscal year 2019, money in the account
shall be appropriated each fiscal year as specified in this subdivision.
new text end
new text begin (b) $213,000 is appropriated to the commissioner of management and budget for
evaluation activities for selected projects.
new text end
new text begin (c) $384,000 is appropriated to the commissioner of public safety for Bureau of Criminal
Apprehension drug scientists and lab supplies.
new text end
new text begin (d) Money remaining in the opiate epidemic response account after making the
appropriations required in paragraphs (b) and (c) is appropriated to the commissioner of
human services to be allocated as grants as specified by the legislature or as otherwise
appropriated by the legislature.
new text end
new text begin Subd. 4.new text end
new text begin Evaluations.new text end
new text begin The commissioner of human services, in consultation with the
commissioner of management and budget, and within available appropriations, shall select
from the awarded grants, projects that include promising practices or theory-based activities
for which the commissioner of management and budget shall conduct evaluations using
experimental or quasi-experimental design. Grants awarded to proposals that are selected
for an evaluation shall be administered to support the experimental or quasi-experimental
evaluation and shall require the grantee to collect and report information that is needed to
complete the evaluation. The commissioner of management and budget, under section 15.08,
may obtain additional relevant data to support the experimental or quasi-experimental
evaluation studies.
new text end
Sec. 11.
Laws 2017, First Special Session chapter 6, article 10, section 144, is amended
to read:
Sec. 144. OPIOID ABUSE PREVENTION PILOT PROJECTS.
(a) The commissioner of health shall establish opioid abuse prevention pilot projects in
geographic areas throughout the state based on the most recently available data on opioid
overdose and abuse rates, to reduce opioid abuse through the use of controlled substance
care teams and community-wide coordination of abuse-prevention initiatives. The
commissioner shall award grants to health care providers, health plan companies, local units
of government, tribal governments, or other entities to establish pilot projects.
(b) Each pilot project must:
(1) be designed to reduce emergency room and other health care provider visits resulting
from opioid use or abuse, and reduce rates of opioid addiction in the community;
(2) establish multidisciplinary controlled substance care teams, that may consist of
physicians, pharmacists, social workers, nurse care coordinators, and mental health
professionals;
(3) deliver health care services and care coordination, through controlled substance care
teams, to reduce the inappropriate use of opioids by patients and rates of opioid addiction;
(4) address any unmet social service needs that create barriers to managing pain
effectively and obtaining optimal health outcomes;
(5) provide prescriber and dispenser education and assistance to reduce the inappropriate
prescribing and dispensing of opioids;
(6) promote the adoption of best practices related to opioid disposal and reducing
opportunities for illegal access to opioids; and
(7) engage partners outside of the health care system, including schools, law enforcement,
and social services, to address root causes of opioid abuse and addiction at the community
level.
(c) The commissioner shall contract with an accountable community for health that
operates an opioid abuse prevention project, and can document success in reducing opioid
use through the use of controlled substance care teams, to assist the commissioner in
administering this section, and to provide technical assistance to the commissioner and to
entities selected to operate a pilot project.
(d) The contract under paragraph (c) shall require the accountable community for health
to evaluate the extent to which the pilot projects were successful in reducing the inappropriate
use of opioids. The evaluation must analyze changes in the number of opioid prescriptions,
the number of emergency room visits related to opioid use, and other relevant measures.
The accountable community for health shall report evaluation results to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance and public safety by December 15, 2019new text begin , for projects
that received funding in fiscal year 2018, and by December 15, 2021, for projects that
received funding in fiscal year 2019new text end .
(e) The commissioner may award one grant that, in addition to the other requirements
of this section, allows a root cause approach to reduce opioid abuse in an American Indian
community.
Sec. 12.
Laws 2017, First Special Session chapter 6, article 12, section 2, subdivision 4,
is amended to read:
Subd. 4.
Limit on quantity of opiates prescribed deleted text begin for acute dental and ophthalmic
paindeleted text end .
(a) deleted text begin When used for the treatment of acute dental pain or acute pain associated with
refractive surgery, prescriptions for opiate or narcotic pain relievers listed in Schedules II
through IV of section 152.02 shall not exceed a four-day supply. The quantity prescribed
shall be consistent with the dosage listed in the professional labeling for the drug that has
been approved by the United States Food and Drug Administration.deleted text end new text begin This subdivision applies
to prescriptions issued for opiates or narcotic pain relievers listed in Schedule II through
IV in Minnesota Statutes, section 152.02, that are prescribed for the treatment of acute pain.
For purposes of this subdivision, "acute pain" means pain resulting from disease, accidental
or intentional trauma, surgery, or another cause, that the practitioner reasonably expects to
last only a short period of time. Acute pain does not include chronic pain or pain being
treated as part of cancer care, palliative care, or hospice or other end-of-life care.
new text end
(b) deleted text begin For the purposes of this subdivision, "acute pain" means pain resulting from disease,
accidental or intentional trauma, surgery, or another cause, that the practitioner reasonably
expects to last only a short period of time. Acute pain does not include chronic pain or pain
being treated as part of cancer care, palliative care, or hospice or other end-of-life care.deleted text end new text begin For
practitioners who are practicing in an emergency department, urgency care clinic, or a
walk-in health care clinic, a prescription as described in paragraph (a) issued to a patient
shall not exceed a three-day supply.
new text end
(c) deleted text begin Notwithstanding paragraph (a), if in the professional clinical judgment of a practitioner
more than a four-day supply of a prescription listed in Schedules II through IV of section
152.02 is required to treat a patient's acute pain, the practitioner may issue a prescription
for the quantity needed to treat such acute pain.deleted text end new text begin For practitioners issuing a prescription for
a drug described in paragraph (a) for the treatment of acute dental pain or acute pain
associated with refractive surgery, the quantity prescribed shall not exceed a four-day supply.
new text end
new text begin (d) For practitioners issuing a prescription for a drug described in paragraph (a), and
paragraphs (b) and (c) do not apply, the quantity prescribed shall not exceed a seven-day
supply for an adult and a five-day supply for a minor under 18 years of age.
new text end
new text begin (e) Notwithstanding paragraph (c) or (d), if in the professional clinical judgment of the
practitioner, more than the limit specified in paragraph (c) or (d) is required to treat a patient's
acute pain, the practitioner may issue a prescription for the quantity needed to treat the
patient's acute pain.
new text end
Sec. 13. new text begin OPIOID OVERDOSE REDUCTION PILOT PROGRAM.
new text end
new text begin Subdivision 1.new text end
new text begin Establishment.new text end
new text begin The commissioner of health shall provide grants to
ambulance services to fund activities by community paramedic teams to reduce opioid
overdoses in the state. Under this pilot program, ambulance services shall develop and
implement projects in which community paramedics connect with patients who are discharged
from a hospital or emergency department following an opioid overdose episode, develop
personalized care plans for those patients in consultation with the ambulance service medical
director, and provide follow-up services to those patients.
new text end
new text begin Subd. 2.new text end
new text begin Priority areas; services.new text end
new text begin (a) In a project developed under this section, an
ambulance service must target community paramedic team services to portions of the service
area with high levels of opioid use, high death rates from opioid overdoses, and urgent needs
for interventions.
new text end
new text begin (b) In a project developed under this section, a community paramedic team shall:
new text end
new text begin (1) provide services to patients released from a hospital or emergency department
following an opioid overdose episode and place priority on serving patients who were
administered the opiate antagonist naloxone hydrochloride by emergency medical services
personnel in response to a 911 call during the opioid overdose episode;
new text end
new text begin (2) provide the following evaluations during an initial home visit: (i) a home safety
assessment including whether there is a need to dispose of prescription drugs that are expired
or no longer needed; (ii) medication compliance; (iii) an HIV risk assessment; (iv) instruction
on the use of naloxone hydrochloride; and (v) a basic needs assessment;
new text end
new text begin (3) provide patients with health assessments, chronic disease monitoring and education,
and assistance in following hospital discharge orders; and
new text end
new text begin (4) work with a multidisciplinary team to address the overall physical and mental health
needs of patients and health needs related to substance use disorder treatment.
new text end
new text begin (c) An ambulance service receiving a grant under this section may use grant funds to
cover the cost of evidence-based training in opioid addiction and recovery treatment.
new text end
new text begin Subd. 3.new text end
new text begin Evaluation.new text end
new text begin An ambulance service that receives a grant under this section shall
evaluate the extent to which the project was successful in reducing the number of opioid
overdoses and opioid overdose deaths among patients who received services and in reducing
the inappropriate use of opioids by patients who received services. The commissioner of
health shall develop specific evaluation measures and reporting timelines for ambulance
services receiving grants. Ambulance services shall submit the information required by the
commissioner to the commissioner and the commissioner shall submit a summary of the
information reported by the ambulance services to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services by December
1, 2019.
new text end
ARTICLE 39
ELDERCARE AND VULNERABLE ADULT PROTECTIONS
Section 1. new text begin CITATION.
new text end
new text begin Sections 1 to 61 may be cited as the "Eldercare and Vulnerable Adult Protection Act of
2018."
new text end
Sec. 2.
Minnesota Statutes 2016, section 144.6501, subdivision 3, is amended to read:
Subd. 3.
Contracts of admission.
(a) A facility shall make complete unsigned copies
of its admission contract available to potential applicants and to the state or local long-term
care ombudsman immediately upon request.
(b) A facility shall post conspicuously within the facility, in a location accessible to
public view, either a complete copy of its admission contract or notice of its availability
from the facility.
(c) An admission contract must be printed in black type of at least ten-point type size.
The facility shall give a complete copy of the admission contract to the resident or the
resident's legal representative promptly after it has been signed by the resident or legal
representative.
new text begin (d) The admission contract must contain the name, address, and contact information of
the current owner, manager, and if different from the owner, license holder of the facility,
and the name and physical mailing address of at least one natural person who is authorized
to accept service of process.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end An admission contract is a consumer contract under sections 325G.29 to 325G.37.
deleted text begin (e)deleted text end new text begin (f)new text end All admission contracts must state in bold capital letters the following notice to
applicants for admission: "NOTICE TO APPLICANTS FOR ADMISSION. READ YOUR
ADMISSION CONTRACT. ORAL STATEMENTS OR COMMENTS MADE BY THE
FACILITY OR YOU OR YOUR REPRESENTATIVE ARE NOT PART OF YOUR
ADMISSION CONTRACT UNLESS THEY ARE ALSO IN WRITING. DO NOT RELY
ON ORAL STATEMENTS OR COMMENTS THAT ARE NOT INCLUDED IN THE
WRITTEN ADMISSION CONTRACT."
Sec. 3.
Minnesota Statutes 2016, section 144.6501, is amended by adding a subdivision
to read:
new text begin Subd. 3a.new text end
new text begin Changes to contracts of admission.new text end
new text begin Within 30 days of a change in ownership,
management, or license holder, the facility must provide prompt written notice to the resident
or resident's legal representative of a new owner, manager, and if different from the owner,
license holder of the facility, and the name and physical mailing address of any new or
additional natural person not identified in the admission contract who is newly authorized
to accept service of process.
new text end
Sec. 4.
new text begin [144.6502] AUTHORIZED ELECTRONIC MONITORING IN CERTAIN
HEALTH CARE FACILITIES.
new text end
new text begin Subdivision 1.new text end
new text begin Definitions.new text end
new text begin (a) For the purposes of this section,