Minnesota Legislature
SF 47
2nd Unofficial Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/19/2020 01:55pm
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A bill for an act
relating to state government finance; providing aid and reimbursements to counties,
cities, and towns to fund expenses related to COVID-19; establishing a
supplemental budget; appropriating money from the coronavirus relief federal
fund; making various changes and cancellations to support state government
activities; establishing an administrative citation process; authorizing temporary
rate increases; modifying provisions governing child foster care and background
studies; making additions and deletions to certain state parks; authorizing the sale
of surplus lands; amending Minnesota Statutes 2018, sections 84.63; 92.502;
119B.125, subdivisions 1, 1a, 2; 119B.13, subdivision 1; 245A.16, by adding a
subdivision; 245C.02, by adding a subdivision; 245C.05, subdivisions 2c, 2d;
245C.14, subdivision 1; 245C.15, by adding a subdivision; 245C.24, subdivision
4, by adding a subdivision; 609.855, subdivisions 1, 7, by adding a subdivision;
Minnesota Statutes 2019 Supplement, sections 245A.05; 245A.07, subdivision 1;
245C.05, subdivision 4; 245C.08, subdivision 3; 245C.24, subdivisions 1, 2, 3;
256B.0659, subdivision 11, as amended; 256B.85, subdivision 16; Laws 2020,
chapter 70, article 2, section 2; Laws 2020, chapter 71, article 1, sections 2,
subdivision 9; 9; repealing Minnesota Statutes 2018, section 119B.125, subdivision
5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
LOCAL GOVERNMENT COVID-19 RELIEF
Section 1. new text begin CORONAVIRUS RELIEF FUND; LOCAL GOVERNMENT
DISTRIBUTIONS.
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 in this
subdivision have the meanings given them.
new text end
new text begin
(b) "Commissioner" means the commissioner of revenue.
new text end
new text begin
(c) "City" means a statutory or home rule charter city.
new text end
new text begin
(d) "Eligible county" means a Minnesota county with a population less than 500,000.
new text end
new text begin
(e) "Eligible city" means a city with a population of 200 or more, or an organized town
with a population of 5,000 or more.
new text end
new text begin
(f) "Eligible town" means an organized town with a population more than 199 but less
than 5,000.
new text end
new text begin
(g) "Emergency financial assistance" means assistance to individuals and families directly
impacted by a loss of income due to COVID-19. Emergency financial assistance includes
but is not limited to amounts used to help pay overdue rent or mortgage to prevent eviction
or foreclosure or unexpected funeral costs.
new text end
new text begin
(h) "Economic support" means assistance to small businesses with costs of business
interruptions caused by required closures due to COVID-19. Economic support includes
but is not limited to assistance to businesses that close voluntarily to promote social distancing
guidelines and businesses impacted by decreased customer demand as a result of the
COVID-19 health emergency.
new text end
new text begin
(i) "Home county" for a city or town means the county where the administrative offices
of the city or town is located.
new text end
new text begin
(j) "Local government" means a city, county, or town.
new text end
new text begin
(k) "Population" means the most recently available 2018 population estimate from the
state demographer as of May 1, 2020.
new text end
new text begin Subd. 2. new text end
new text begin Local government distribution amounts. new text end
new text begin
(a) The distribution for an eligible
city is equal to a dollar amount per capita that is the same for all eligible cities. The
commissioner shall determine the per capita dollar amount so that the total amount paid
under this paragraph is equal to the amount available under subdivision 8, paragraph (c),
minus the amounts payable to eligible towns under paragraph (b) and the supplemental
amount paid to counties under paragraph (d).
new text end
new text begin
(b) The distribution for an eligible town is equal to $25 multiplied by the town's
population.
new text end
new text begin
(c) The base distribution amount for an eligible county is equal to a dollar amount
multiplied by the total county population. The dollar amount shall be the same amount for
all eligible counties and shall be determined by the commissioner so that the total amount
paid under this paragraph is equal to the amount available under subdivision 8, paragraph
(b).
new text end
new text begin
(d) An eligible county shall also receive a supplemental distribution amount equal to
the sum of: (1) the per capita amount determined under paragraph (a) multiplied by the
population of all cities in the county with a population less than 200; and (2) $25 multiplied
by the population within the county located outside of any city or eligible town. For purposes
of clause (1), a city that crosses into two or more counties is located in its home county.
Total aid to each county is equal to the base distribution amount plus the supplemental
amount.
new text end
new text begin Subd. 3. new text end
new text begin Distribution schedule. new text end
new text begin
The commissioner must distribute the amounts calculated
under subdivision 2 no later than June 30, 2020, for certifications received by June 22, 2020.
Distributions will be made for certifications received by September 15, 2020.
new text end
new text begin Subd. 4. new text end
new text begin Allowed uses. new text end
new text begin
(a) A local government must use aid distributions under this
section for purposes consistent with the requirements of Public Law 116-136. Prior to
distributing the aid, the commissioner must require each eligible local government to certify
its intent to comply with the requirements of this section. The certification must be in the
form and manner determined by the commissioner.
new text end
new text begin
(b) Notwithstanding paragraph (a), a county must use at least 10 percent of the base
distribution aid it receives under subdivision 2, paragraph (c), for emergency financial
assistance to individuals and families and for economic support to businesses. The county
must certify it will spend funds according to this section to the commissioner. Any auditing
of compliance with this section, including the ten percent amount, will occur with regular
audits of the county.
new text end
new text begin
(c) A city or town that is not an eligible city or eligible town may apply to its home
county for a reimbursement, to be paid from the county aid distribution under subdivision
2 to cover costs incurred by the city or town that are allowed uses under paragraph (a). The
county may require the city or town to provide sufficient information to demonstrate that
the cost incurred meets the requirements of Public Law 116-136. Upon appropriate
documentation, the county must make a reimbursement of up to the lesser of: (1) $75.34
multiplied by the population of the city or $25 multiplied by the population of the town; or
(2) the amount of documented allowed costs. The county, at its discretion, may increase the
reimbursement above this amount, but to no more than the amount of documented allowed
costs. Any application for a reimbursement under this paragraph must be made no later than
September 1, 2020, and any reimbursements made under this subdivision must be paid to
the city or town no later than September 20, 2020.
new text end
new text begin Subd. 5. new text end
new text begin Local government collaborative agreements. new text end
new text begin
A local government may enter
into a collaborative agreement with one or more other local governments to share aid
distributions under this section, consistent with subdivision 4. The commissioner may require
each local government to provide information about the agreement in the form and manner
determined by the commissioner.
new text end
new text begin Subd. 6. new text end
new text begin Expenditure time limits. new text end
new text begin
(a) Except as provided in paragraphs (b) and (d), any
aid amount remaining unexpended on November 15, 2020, by an eligible city or town whose
home county is an eligible county, must be sent to its home county. The transfer must be
made no later than November 20, 2020. The county may use these funds for any purpose
allowed under subdivision 4, paragraphs (a) and (b).
new text end
new text begin
(b) Except as provided under paragraph (e), any aid amount remaining unexpended on
November 15, 2020, by an eligible city or town whose home county is Hennepin County,
must be sent to the Hennepin County Medical Center which may use the funds only for
eligible expenses that meet the requirements of Public Law 116-136. Except as provided
under paragraph (e), any aid amount remaining unexpended on November 15, 2020, by an
eligible city or town whose home county is Ramsey County, must be granted to Regions
Hospital which may use the funds only for eligible expenses that meet the requirements of
Public Law 116-136. Any funds transferred or granted to the medical center or hospital
under this paragraph that are unexpended by those entities by December 1, 2020, must be
returned no later than December 10, 2020, to the commissioner and are canceled to the
coronavirus relief federal fund.
new text end
new text begin
(c) Any amount of aid under subdivision 2 or transfer under paragraph (a) remaining
unexpended by an eligible county by December 1, 2020, must be returned no later than
December 10, 2020, to the commissioner and is canceled to the coronavirus relief federal
fund.
new text end
new text begin
(d) Notwithstanding paragraph (a), any aid amount remaining unexpended by a local
government on December 1, 2020, for a local government that has entered into a collaborative
agreement under subdivision 5, must be returned no later than December 10, 2020, to the
commissioner and is canceled to the coronavirus relief federal fund.
new text end
new text begin
(e) The governing body of an eligible city or eligible town whose home county is
Hennepin County or Ramsey County may adopt a resolution to direct the aid amounts to
another hospital entity for expenditure by that hospital entity. The hospital entity must
comply with the other requirements of paragraph (b) governing eligible uses and expenditure
time limits. For the purposes of this paragraph "hospital entity" means a hospital licensed
under Minnesota Statutes, chapters 144.50 to 144.56.
new text end
new text begin Subd. 7. new text end
new text begin Repayment of improperly spent federal funds. new text end
new text begin
(a) For purposes of this
subdivision, "local government unit" means a county, city, or town.
new text end
new text begin
(b) The commissioner must recoup money from a local government unit if:
new text end
new text begin
(1) the Inspector General of the Department of the Treasury has determined that the state
of Minnesota is subject to recoupment of funds under Public Law 116-136; and
new text end
new text begin
(2) the recoupment is the result of the failure of a local government unit to expend money
distributed under this section consistent with the requirements of Public Law 116-136.
new text end
new text begin
(c) The recoupment may only come from the local government whose spending caused
a need for recoupment from the state under federal law. The commissioner must certify the
amount to be repaid by each local government unit. For the purposes of this subdivision,
the commissioner must consider costs reimbursed under subdivision 4, paragraph (c), to be
spending by the city or town that receives the reimbursement. The amount of the repayment
required from each local government unit must be equal to the state recoupment amount
attributable to that local government unit. For the purposes of this paragraph, "state
recoupment amount" means the total of the amounts determined under paragraph (b).
new text end
new text begin
(d) A local government unit must repay its share of the state recoupment amount to the
state in full within 90 days of the commissioner's certification under paragraph (c). A local
government unit may apply to the commissioner in the form and manner determined by the
commissioner for an alternative repayment schedule, not to exceed five years.
new text end
new text begin
(e) Any amounts recouped by the state must be credited to the fund from which the state
paid the amounts recouped by the Department of the Treasury.
new text end
new text begin Subd. 7a. new text end
new text begin Onetime grants. new text end
new text begin
(a) The commissioner may make onetime grants to a local
government from the money allotted under subdivision 8, paragraph (d). The grants may
be used for any allowed purpose under title V of Public Law 116-136, but preference shall
be given to the following purposes:
new text end
new text begin
(1) to a city, town, or county with high outbreaks of coronavirus;
new text end
new text begin
(2) to a city, town, or county with new and unanticipated costs associated with
COVID-19; and
new text end
new text begin
(3) to a city, town, or county establishing or conducting a recovery project or a recovery
coordination office related to the effects of COVID-19.
new text end
new text begin
(b) The commissioner of revenue may consult with the commissioner of health and the
commissioner of employment and economic development to develop guidelines and forms
for accepting applications and awarding grants under this subdivision by July 15, 2020. The
grant application must include a plan for spending the grant. Applications may be taken
from August 1, 2020, through December 1, 2020. Grants may only be expended for costs
incurred by the local government during the period beginning March 1, 2020, and ending
December 30, 2020. Any unexpended amount must be returned to the commissioner of
revenue by December 30, 2020, and is canceled to the coronavirus relief federal fund.
new text end
new text begin Subd. 8. new text end
new text begin Appropriations. new text end
new text begin
(a) $871,464,000 in fiscal year 2020 is appropriated from the
coronavirus relief federal fund to the commissioner of revenue for aid distributions under
this section. This is a onetime appropriation and is available until November 30, 2020.
new text end
new text begin
(b) A total of $462,805,200 of the appropriation in paragraph (a) must be used for the
base distribution amount for counties under subdivision 2, paragraph (c).
new text end
new text begin
(c) A total of $378,658,800 of the appropriation in paragraph (a) must be used for all
other aid and grant payments under this section.
new text end
new text begin
(d) The remainder of the appropriation under paragraph (a), after payments to eligible
towns, cities, and counties, shall be retained by the commissioner and used to make grants
under subdivision 7a.
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 2
SUPPLEMENTAL BUDGET
Section 1.
Minnesota Statutes 2018, section 119B.125, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
deleted text begin Except as provided in subdivision 5,deleted text end A county or the
commissioner must authorize the provider chosen by an applicant or a participant before
the county can authorize payment for care provided by that provider. The commissioner
must establish the requirements necessary for authorization of providers. A provider must
be reauthorized every two years. deleted text begin A legal, nonlicensed family child care provider also must
be reauthorized when another person over the age of 13 joins the household, a current
household member turns 13, or there is reason to believe that a household member has a
factor that prevents authorization. The provider is required to report all family changes that
would require reauthorization. When a provider has been authorized for payment for
providing care for families in more than one county, the county responsible for
reauthorization of that provider is the county of the family with a current authorization for
that provider and who has used the provider for the longest length of time.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 4, 2021.
new text end
Sec. 2.
Minnesota Statutes 2018, section 119B.125, subdivision 1a, is amended to read:
Subd. 1a.
Background study required.
new text begin (a) new text end This subdivision only applies to legaldeleted text begin ,deleted text end
nonlicensed deleted text begin familydeleted text end child care providers.
new text begin (b) new text end Prior to authorization, deleted text begin and as part of each reauthorization required in subdivision 1,
the county shall performdeleted text end new text begin the commissioner shall performnew text end a background study on deleted text begin every
member of the provider's household who is age 13 and older. The county shall also perform
a background study on an individual who has reached age ten but is not yet age 13 and is
living in the household where the nonlicensed child care will be provided when the county
has reasonable cause as defined under section 245C.02, subdivision 15deleted text end new text begin individuals identified
under section 245C.02, subdivision 6anew text end .
new text begin
(c) After authorization, the commissioner shall perform a background study when an
individual identified under section 245C.02, subdivision 6a, joins the household. The provider
must report all family changes that would require a new background study.
new text end
new text begin
(d) At each reauthorization, the county shall perform a background study of all individuals
in the provider's household for whom paragraphs (b) and (c) require a background study.
new text end
new text begin
(e) Prior to a background study expiring, the commissioner shall perform another
background study of all individuals for whom the background study will expire.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 4, 2021.
new text end
Sec. 3.
Minnesota Statutes 2018, section 119B.125, subdivision 2, is amended to read:
Subd. 2.
Persons who cannot be authorized.
(a) The provider seeking authorization
under this section shall collect the information required under section 245C.05, subdivision
1, and forward the information to the county agency. deleted text begin The background study must include
a review of the information required under section 245C.08, subdivisions 2, 3, and 4,
paragraph (b).deleted text end new text begin The county shall collect and forward the information to the commissioner
as directed under section 245C.05, subdivision 2b.new text end A new text begin legal new text end nonlicensed deleted text begin familydeleted text end child care
provider is not authorized under this section if new text begin the commissioner determines that new text end any
household member who is the subject of a background study is deleted text begin determined to have a
disqualifying characteristic under paragraphs (b) to (e) or under section 245C.14 or 245C.15.
If a county has determined that a provider is able to be authorized in that county, and a
family in another county later selects that provider, the provider is able to be authorized in
the second county without undergoing a new background investigation unless one of the
following conditions exists:deleted text end new text begin disqualified from direct contact with, or from access to, persons
served by the program, unless the disqualified individual is subsequently set aside under
section 245C.22.
new text end
deleted text begin
(1) two years have passed since the first authorization;
deleted text end
deleted text begin
(2) another person age 13 or older has joined the provider's household since the last
authorization;
deleted text end
deleted text begin
(3) a current household member has turned 13 since the last authorization; or
deleted text end
deleted text begin
(4) there is reason to believe that a household member has a factor that prevents
authorization.
deleted text end
deleted text begin
(b) The person has refused to give written consent for disclosure of criminal history
records.
deleted text end
deleted text begin
(c) The person has been denied a family child care license or has received a fine or a
sanction as a licensed child care provider that has not been reversed on appeal.
deleted text end
deleted text begin
(d) The person has a family child care licensing disqualification that has not been set
aside.
deleted text end
deleted text begin
(e) The person has admitted or a county has found that there is a preponderance of
evidence that fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for payment.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 4, 2021.
new text end
Sec. 4.
Minnesota Statutes 2018, section 119B.13, subdivision 1, is amended to read:
Subdivision 1.
Subsidy restrictions.
(a) deleted text begin Beginning February 3, 2014,deleted text end The maximum
rate paid for child care assistance in any county or county price cluster under the child care
fund shall be the greater of the 25th percentile of the deleted text begin 2011deleted text end new text begin 2018new text end child care provider rate
survey or the deleted text begin maximum rate effective November 28, 2011deleted text end new text begin rate in effect at the time of the
updatenew text end . For a child care provider located within the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child
care assistance shall be equal to the maximum rate paid in the county with the highest
maximum reimbursement rates or the provider's charge, whichever is less. The commissioner
may: (1) assign a county with no reported provider prices to a similar price cluster; and (2)
consider county level access when determining final price clusters.
(b) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.
(c) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.
(d) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.
(e) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:
(1) the daily rate for one day of care;
(2) the weekly rate for one week of care by the child's primary provider; and
(3) two daily rates during two weeks of care by a child's secondary provider.
(f) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.
(g) If the provider charge is greater than the maximum provider rate allowed, the parent
is responsible for payment of the difference in the rates in addition to any family co-payment
fee.
(h) All maximum provider rates changes shall be implemented on the Monday following
the effective date of the maximum provider rate.
(i) deleted text begin Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum registration
fees in effect on January 1, 2013, shall remain in effectdeleted text end new text begin Beginning September 21, 2020, the
maximum registration fee paid for child care assistance in any county or county price cluster
under the child care fund shall be the greater of the 25th percentile of the 2018 child care
provider rate survey, or the registration fee in effect at the time of the update. Maximum
registration fees must be set for licensed family child care providers and for child care
centers. For a child care provider located within the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee paid
for child care assistance shall be equal to the maximum registration fee paid in the county
with the highest maximum registration fee or the provider's charge, whichever is lessnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 18, 2020.
new text end
Sec. 5.
Minnesota Statutes 2019 Supplement, section 245A.05, is amended to read:
245A.05 DENIAL OF APPLICATION.
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially complete application after receiving notice from the
commissioner under section 245A.04, subdivision 1;
(2) fails to comply with applicable laws or rules;
(3) knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;
(4) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;
(5) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted;
(6) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted;
(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
6;
(9) has a history of noncompliance as a license holder or controlling individual with
applicable laws or rules, including but not limited to this chapter and chapters 119B and
245C; deleted text begin or
deleted text end
(10) is prohibited from holding a license according to section 245.095deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(11) for family child foster care, has nondisqualifying background study information,
as described in section 245C.05, subdivision 4, that reflects on the individual's ability to
safely provide care to foster children.
new text end
(b) An applicant whose application has been denied by the commissioner must be given
notice of the denial, which must state the reasons for the denial in plain language. Notice
must be given by certified mail or personal service. The notice must state the reasons the
application was denied and must inform the applicant of the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may
appeal the denial by notifying the commissioner in writing by certified mail or personal
service. If mailed, the appeal must be postmarked and sent to the commissioner within 20
calendar days after the applicant received the notice of denial. If an appeal request is made
by personal service, it must be received by the commissioner within 20 calendar days after
the applicant received the notice of denial. Section 245A.08 applies to hearings held to
appeal the commissioner's denial of an application.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 6.
Minnesota Statutes 2019 Supplement, section 245A.07, subdivision 1, is amended
to read:
Subdivision 1.
Sanctions; appeals; license.
(a) In addition to making a license conditional
under section 245A.06, the commissioner may suspend or revoke the license, impose a fine,
or secure an injunction against the continuing operation of the program of a license holder
who does not comply with applicable law or rulenew text begin , or who has nondisqualifying background
study information, as described in section 245C.05, subdivision 4, that reflects on the license
holder's ability to safely provide care to foster childrennew text end . When applying sanctions authorized
under this section, the commissioner shall consider the nature, chronicity, or severity of the
violation of law or rule and the effect of the violation on the health, safety, or rights of
persons served by the program.
(b) If a license holder appeals the suspension or revocation of a license and the license
holder continues to operate the program pending a final order on the appeal, the commissioner
shall issue the license holder a temporary provisional license. Unless otherwise specified
by the commissioner, variances in effect on the date of the license sanction under appeal
continue under the temporary provisional license. If a license holder fails to comply with
applicable law or rule while operating under a temporary provisional license, the
commissioner may impose additional sanctions under this section and section 245A.06, and
may terminate any prior variance. If a temporary provisional license is set to expire, a new
temporary provisional license shall be issued to the license holder upon payment of any fee
required under section 245A.10. The temporary provisional license shall expire on the date
the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
license shall be issued for the remainder of the current license period.
(c) If a license holder is under investigation and the license issued under this chapter is
due to expire before completion of the investigation, the program shall be issued a new
license upon completion of the reapplication requirements and payment of any applicable
license fee. Upon completion of the investigation, a licensing sanction may be imposed
against the new license under this section, section 245A.06, or 245A.08.
(d) Failure to reapply or closure of a license issued under this chapter by the license
holder prior to the completion of any investigation shall not preclude the commissioner
from issuing a licensing sanction under this section or section 245A.06 at the conclusion
of the investigation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 7.
Minnesota Statutes 2018, section 245A.16, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Licensed family child foster care. new text end
new text begin
(a) Before recommending to deny a license
under section 245A.05 or revoke a license under section 245A.07 for nondisqualifying
background study information received under section 245C.05, subdivision 4, paragraph
(a), clause (3), for licensed family child foster care a county agency or private agency that
has been designated or licensed by the commissioner must review the following:
new text end
new text begin
(1) the type of offense;
new text end
new text begin
(2) the number of offenses;
new text end
new text begin
(3) the nature of the offenses;
new text end
new text begin
(4) the age of the individual at the time of the offense;
new text end
new text begin
(5) the length of time that has elapsed since the last offense;
new text end
new text begin
(6) the relationship of the offenses and the capacity to care for a child;
new text end
new text begin
(7) evidence of rehabilitation;
new text end
new text begin
(8) information or knowledge from community members regarding the individual's
capacity to provide foster care;
new text end
new text begin
(9) a statement from the study subject;
new text end
new text begin
(10) a statement from the license holder; and
new text end
new text begin
(11) other aggravating and mitigating factors.
new text end
new text begin
(b) When licensing a relative to provide family child foster care, the commissioner shall
also consider the importance of maintaining the child's relationship with relatives as an
additional significant factor in determining whether an application will be denied.
new text end
new text begin
(c) The county or private licensing agency must send a summary of the review completed
according to paragraph (a), on a form developed by the commissioner, to the commissioner
and include any recommendation for licensing action.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 8.
Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision to
read:
new text begin Subd. 12a. new text end
new text begin Licensed family child foster care. new text end
new text begin
"Licensed family child foster care"
includes providers who have submitted an application for family child foster care licensure
under section 245A.04, subdivision 1. Licensed family child foster care does not include
foster residence settings that meet the licensing requirements of Minnesota Rules, parts
2960.3200 to 2960.3230.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 9.
Minnesota Statutes 2018, section 245C.05, subdivision 2c, is amended to read:
Subd. 2c.
Privacy notice to background study subject.
(a) Prior to initiating each
background study, the entity initiating the study must provide the commissioner's privacy
notice to the background study subject required under section 13.04, subdivision 2. The
notice must be available through the commissioner's electronic NETStudy and NETStudy
2.0 systems and shall include the information in paragraphs (b) and (c).
(b) The background study subject shall be informed that any previous background studies
that received a set-aside will be reviewed, and without further contact with the background
study subject, the commissioner may notify the agency that initiated the subsequent
background study:
(1) that the individual has a disqualification that has been set aside for the program or
agency that initiated the study;
(2) the reason for the disqualification; and
(3) that information about the decision to set aside the disqualification will be available
to the license holder upon request without the consent of the background study subject.
(c) The background study subject must also be informed that:
(1) the subject's fingerprints collected for purposes of completing the background study
under this chapter must not be retained by the Department of Public Safety, Bureau of
Criminal Apprehension, or by the commissioner. The Federal Bureau of Investigation will
deleted text begin only retain fingerprints of subjects with a criminal historydeleted text end new text begin not retain background study
subjects' fingerprintsnew text end ;
(2) effective upon implementation of NETStudy 2.0, the subject's photographic image
will be retained by the commissioner, and if the subject has provided the subject's Social
Security number for purposes of the background study, the photographic image will be
available to prospective employers and agencies initiating background studies under this
chapter to verify the identity of the subject of the background study;
(3) the commissioner's authorized fingerprint collection vendor shall, for purposes of
verifying the identity of the background study subject, be able to view the identifying
information entered into NETStudy 2.0 by the entity that initiated the background study,
but shall not retain the subject's fingerprints, photograph, or information from NETStudy
2.0. The authorized fingerprint collection vendor shall retain no more than the subject's
name and the date and time the subject's fingerprints were recorded and sent, only as
necessary for auditing and billing activities;
(4) the commissioner shall provide the subject notice, as required in section 245C.17,
subdivision 1, paragraph (a), when an entity initiates a background study on the individual;
(5) the subject may request in writing a report listing the entities that initiated a
background study on the individual as provided in section 245C.17, subdivision 1, paragraph
(b);
(6) the subject may request in writing that information used to complete the individual's
background study in NETStudy 2.0 be destroyed if the requirements of section 245C.051,
paragraph (a), are met; and
(7) notwithstanding clause (6), the commissioner shall destroy:
(i) the subject's photograph after a period of two years when the requirements of section
245C.051, paragraph (c), are met; and
(ii) any data collected on a subject under this chapter after a period of two years following
the individual's death as provided in section 245C.051, paragraph (d).
Sec. 10.
Minnesota Statutes 2018, section 245C.05, subdivision 2d, is amended to read:
Subd. 2d.
Fingerprint data notification.
The commissioner of human services shall
notify all background study subjects under this chapter that the Department of Human
Services, Department of Public Safety, and the Bureau of Criminal Apprehension do not
retain fingerprint data after a background study is completed, and that the Federal Bureau
of Investigation deleted text begin only retains the fingerprints of subjects who have a criminal historydeleted text end new text begin does
not retain background study subjects' fingerprintsnew text end .
Sec. 11.
Minnesota Statutes 2019 Supplement, section 245C.05, subdivision 4, is amended
to read:
Subd. 4.
Electronic transmission.
(a) For background studies conducted by the
Department of Human Services, the commissioner shall implement a secure system for the
electronic transmission of:
(1) background study information to the commissioner;
(2) background study results to the license holder;
(3) background study resultsnew text begin and relevant underlying investigative informationnew text end to county
and private agencies for background studies conducted by the commissioner for child foster
carenew text begin , including a summary of nondisqualifying results, except as prohibited by lawnew text end ; and
(4) background study results to county agencies for background studies conducted by
the commissioner for adult foster care and family adult day services and, upon
implementation of NETStudy 2.0, family child care and legal nonlicensed child care
authorized under chapter 119B.
(b) Unless the commissioner has granted a hardship variance under paragraph (c), a
license holder or an applicant must use the electronic transmission system known as
NETStudy or NETStudy 2.0 to submit all requests for background studies to the
commissioner as required by this chapter.
(c) A license holder or applicant whose program is located in an area in which high-speed
Internet is inaccessible may request the commissioner to grant a variance to the electronic
transmission requirement.
(d) Section 245C.08, subdivision 3, paragraph (c), applies to results transmitted under
this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 12.
Minnesota Statutes 2019 Supplement, section 245C.08, subdivision 3, is amended
to read:
Subd. 3.
Arrest and investigative information.
(a) For any background study completed
under this section, if the commissioner has reasonable cause to believe the information is
pertinent to the disqualification of an individual, the commissioner also may review arrest
and investigative information from:
(1) the Bureau of Criminal Apprehension;
(2) the commissioners of health and human services;
(3) a county attorney;
(4) a county sheriff;
(5) a county agency;
(6) a local chief of police;
(7) other states;
(8) the courts;
(9) the Federal Bureau of Investigation;
(10) the National Criminal Records Repository; and
(11) criminal records from other states.
(b) Except when specifically required by law, the commissioner is not required to conduct
more than one review of a subject's records from the Federal Bureau of Investigation if a
review of the subject's criminal history with the Federal Bureau of Investigation has already
been completed by the commissioner and there has been no break in the subject's affiliation
with the entity that initiated the background study.
(c) If the commissioner conducts a national criminal history record check when required
by law and uses the information from the national criminal history record check to make a
disqualification determination, the data obtained is private data and cannot be shared with
deleted text begin county agencies, private agencies, ordeleted text end prospective employers of the background study subject.
(d) If the commissioner conducts a national criminal history record check when required
by law and uses the information from the national criminal history record check to make a
disqualification determination, the license holder or entity that submitted the study is not
required to obtain a copy of the background study subject's disqualification letter under
section 245C.17, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2020.
new text end
Sec. 13.
Minnesota Statutes 2018, section 245C.14, subdivision 1, is amended to read:
Subdivision 1.
Disqualification from direct contact.
(a) The commissioner shall
disqualify an individual who is the subject of a background study from any position allowing
direct contact with persons receiving services from the license holder or entity identified in
section 245C.03, upon receipt of information showing, or when a background study
completed under this chapter shows any of the following:
(1) a conviction of, admission to, or Alford plea to one or more crimes listed in section
245C.15, regardless of whether the conviction or admission is a felony, gross misdemeanor,
or misdemeanor level crime;
(2) a preponderance of the evidence indicates the individual has committed an act or
acts that meet the definition of any of the crimes listed in section 245C.15, regardless of
whether the preponderance of the evidence is for a felony, gross misdemeanor, or
misdemeanor level crime; or
(3) an investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b).
(b) No individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact with
persons served by a program or entity identified in section 245C.03, unless the commissioner
has provided written notice under section 245C.17 stating that:
(1) the individual may remain in direct contact during the period in which the individual
may request reconsideration as provided in section 245C.21, subdivision 2;
(2) the commissioner has set aside the individual's disqualification for that program or
entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or
(3) the license holder has been granted a variance for the disqualified individual under
section 245C.30.
new text begin
(c) Notwithstanding paragraph (a), for the purposes of a background study affiliated
with a licensed family child foster care provider, the commissioner shall disqualify an
individual who is the subject of a background study from any position allowing direct contact
with persons receiving services from the license holder or entity identified in section 245C.03,
upon receipt of information showing, or when a background study completed under this
chapter shows reason for disqualification under section 245C.15, subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 14.
Minnesota Statutes 2018, section 245C.15, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Licensed family child foster care disqualifications. new text end
new text begin
(a) Notwithstanding
subdivisions 1 to 5, for a background study affiliated with a licensed family child foster
care, regardless of how much time has passed, an individual is disqualified under section
245C.14 if the individual committed an act that resulted in a felony-level conviction for:
609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.2112 (criminal vehicular homicide); 609.223, subdivision 2 (assault
in the third degree, past pattern of child abuse); 609.223, subdivision 3 (assault in the third
degree, victim under four); a felony offense under sections 609.2242 and 609.2243 (domestic
assault, spousal abuse, child abuse or neglect, or a crime against children); 609.2247
(domestic assault by strangulation); 609.25 (kidnapping); 609.255 (false imprisonment);
609.265 (abduction); 609.2661 (murder of an unborn child in the first degree); 609.2662
(murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in
the third degree); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665
(manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child
in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268
(injury or death of an unborn child in the commission of a crime); 609.324, subdivision 1
(other prohibited acts; engaging in, hiring, or agreeing to hire minor to engage in prostitution);
609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in
the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal
sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children to engage
in sexual conduct); 609.377 (malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 617.246 (use of minors in sexual performance prohibited); or
617.247 (possession of pictorial representations of minors).
new text end
new text begin
(b) Notwithstanding subdivisions 1 to 5, for the purposes of a background study affiliated
with a licensed family foster care license, an individual is disqualified under section 245C.14,
regardless of how much time has passed, if the individual:
new text end
new text begin
(1) committed an action under paragraph (d) that resulted in death or involved sexual
abuse;
new text end
new text begin
(2) committed an act that resulted in a felony-level conviction for section 609.746
(interference with privacy);
new text end
new text begin
(3) committed an act that resulted in a gross misdemeanor-level conviction for section
609.3451 (criminal sexual conduct in the fifth degree); or
new text end
new text begin
(4) committed an act against or involving a minor that resulted in a felony-level conviction
for: section 609.221 (assault in the first degree); 609.222 (assault in the second degree);
609.223, subdivision 1 (assault in the third degree); 609.2231 (assault in the fourth degree);
or 609.224, subdivision 4 (assault in the fifth degree).
new text end
new text begin
(c) Notwithstanding subdivisions 1 to 5, for a background study affiliated with a licensed
family child foster care license, an individual is disqualified under section 245C.14 if:
new text end
new text begin
(1) less than five years have passed since the termination of parental rights under section
260C.301, subdivision 1, paragraph (b);
new text end
new text begin
(2) less than five years have passed since a felony-level conviction for: section 152.021
(controlled substance crime in the first degree); 152.022 (controlled substance crime in the
second degree); 152.023 (controlled substance crime in the third degree); 152.024 (controlled
substance crime in the fourth degree); 152.025 (controlled substance crime in the fifth
degree); 152.0261 (importing controlled substances across state borders); 152.0262,
subdivision 1, paragraph (b) (possession of substance with intent to manufacture
methamphetamine); 152.027, subdivision 6, paragraph (c) (sale or possession of synthetic
cannabinoids); 152.096 (conspiracies prohibited); 152.097 (simulated controlled substances);
152.136 (anhydrous ammonia; prohibited conduct; criminal penalties; civil liabilities);
152.137 (methamphetamine-related crimes involving children or vulnerable adults); 169A.24
(felony first-degree driving while impaired); 243.166 (violation of predatory offender
registration requirements); 609.2113 (criminal vehicular operation; bodily harm); 609.2114
(criminal vehicular operation; unborn child); 609.228 (great bodily harm caused by
distribution of drugs); 609.2325 (criminal abuse of a vulnerable adult); 609.235 (use of
drugs to injure or facilitate a crime); 609.322 (solicitation, inducement, and promotion of
prostitution; sex trafficking); 609.561 (arson in the first degree); 609.562 (arson in the
second degree); 609.563 (arson in the third degree); 609.66, subdivision 1e (felony drive-by
shooting); 609.687 (adulteration); 609.749, subdivision 3, 4, or 5 (felony-level harassment
or stalking); or 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility);
or
new text end
new text begin
(3) less than five years have passed since a felony-level conviction for an act not against
or involving a minor that constitutes: section 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223, subdivision 1 (assault in the third degree); 609.2231
(assault in the fourth degree); or 609.224, subdivision 4 (assault in the fifth degree).
new text end
new text begin
(d) Notwithstanding subdivisions 1 to 5, except as provided in paragraph (a), for a
background study affiliated with a licensed family child foster care license, an individual
is disqualified under section 245C.14 if less than five years have passed since:
new text end
new text begin
(1) a determination or disposition of the individual's failure to make required reports
under section 626.556, subdivision 3, or 626.557, subdivision 3, for incidents in which the
final disposition under section 626.556 or 626.557 was substantiated maltreatment and the
maltreatment was recurring or serious;
new text end
new text begin
(2) a determination or disposition of the individual's substantiated serious or recurring
maltreatment of a minor under section 626.556, a vulnerable adult under section 626.557,
or serious or recurring maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under section 626.556 or 626.557 and meet the
definition of serious maltreatment or recurring maltreatment;
new text end
new text begin
(3) the termination of the individual's parental rights under section 260C.301, subdivision
1, paragraph (a); or
new text end
new text begin
(4) a gross misdemeanor-level conviction for: section 609.746 (interference with privacy);
609.2242 and 609.2243 (domestic assault); 609.377 (malicious punishment of a child); or
609.378 (neglect or endangerment of a child).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 15.
Minnesota Statutes 2019 Supplement, section 245C.24, subdivision 1, is amended
to read:
Subdivision 1.
Minimum disqualification periods.
The disqualification periods under
subdivisions 3 to deleted text begin 5deleted text end new text begin 6new text end are the minimum applicable disqualification periods. The commissioner
may determine that an individual should continue to be disqualified from licensure because
the individual continues to pose a risk of harm to persons served by that individual, even
after the minimum disqualification period has passed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 16.
Minnesota Statutes 2019 Supplement, section 245C.24, subdivision 2, is amended
to read:
Subd. 2.
Permanent bar to set aside a disqualification.
(a) Except as provided in
paragraphs (b) to deleted text begin (e)deleted text end new text begin (f)new text end , the commissioner may not set aside the disqualification of any
individual disqualified pursuant to this chapter, regardless of how much time has passed,
if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision
1.
(b) For an individual in the chemical dependency or corrections field who was disqualified
for a crime or conduct listed under section 245C.15, subdivision 1, and whose disqualification
was set aside prior to July 1, 2005, the commissioner must consider granting a variance
pursuant to section 245C.30 for the license holder for a program dealing primarily with
adults. A request for reconsideration evaluated under this paragraph must include a letter
of recommendation from the license holder that was subject to the prior set-aside decision
addressing the individual's quality of care to children or vulnerable adults and the
circumstances of the individual's departure from that service.
(c) If an individual who requires a background study for nonemergency medical
transportation services under section 245C.03, subdivision 12, was disqualified for a crime
or conduct listed under section 245C.15, subdivision 1, and if more than 40 years have
passed since the discharge of the sentence imposed, the commissioner may consider granting
a set-aside pursuant to section 245C.22. A request for reconsideration evaluated under this
paragraph must include a letter of recommendation from the employer. This paragraph does
not apply to a person disqualified based on a violation of sections 243.166; 609.185 to
609.205; 609.25; 609.342 to 609.3453; 609.352; 617.23, subdivision 2, clause (1), or 3,
clause (1); 617.246; or 617.247.
(d) When a licensed foster care provider adopts an individual who had received foster
care services from the provider for over six months, and the adopted individual is required
to receive a background study under section 245C.03, subdivision 1, paragraph (a), clause
(2) or (6), the commissioner may grant a variance to the license holder under section 245C.30
to permit the adopted individual with a permanent disqualification to remain affiliated with
the license holder under the conditions of the variance when the variance is recommended
by the county of responsibility for each of the remaining individuals in placement in the
home and the licensing agency for the home.
new text begin
(e) For an individual 18 years of age or older affiliated with a licensed family child foster
care program, the commissioner must not set aside the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed, if the individual
was disqualified for a crime or conduct listed in section 245C.15, subdivision 6, paragraph
(a).
new text end
new text begin
(f) In connection with a license for family child foster care, the commissioner may grant
a variance to the disqualification for an individual who is under 18 years of age at the time
the background study is submitted.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 17.
Minnesota Statutes 2019 Supplement, section 245C.24, subdivision 3, is amended
to read:
Subd. 3.
Ten-year bar to set aside disqualification.
(a) The commissioner may not set
aside the disqualification of an individual in connection with a license to provide family
child care for childrendeleted text begin , foster care for children in the provider's home,deleted text end or foster care or day
care services for adults in the provider's home if: (1) less than ten years has passed since
the discharge of the sentence imposed, if any, for the offense; or (2) when disqualified based
on a preponderance of evidence determination under section 245C.14, subdivision 1,
paragraph (a), clause (2), or an admission under section 245C.14, subdivision 1, paragraph
(a), clause (1), and less than ten years has passed since the individual committed the act or
admitted to committing the act, whichever is later; and (3) the individual has committed a
violation of any of the following offenses: sections 609.165 (felon ineligible to possess
firearm); criminal vehicular homicide or criminal vehicular operation causing death under
609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (aiding
suicide or aiding attempted suicide); felony violations under 609.223 or 609.2231 (assault
in the third or fourth degree); 609.229 (crimes committed for benefit of a gang); 609.713
(terroristic threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple
robbery); 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71 (riot);
609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a
witness); burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous
weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns);
609.749, subdivision 2 (gross misdemeanor harassment); 152.021 or 152.022 (controlled
substance crime in the first or second degree); 152.023, subdivision 1, clause (3) or (4) or
subdivision 2, clause (4) (controlled substance crime in the third degree); 152.024,
subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree);
609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable
adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or
patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure
to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter of an unborn child in
the first or second degree); 609.267 to 609.2672 (assault of an unborn child in the first,
second, or third degree); 609.268 (injury or death of an unborn child in the commission of
a crime); repeat offenses under 617.23 (indecent exposure); 617.293 (disseminating or
displaying harmful material to minors); a felony-level conviction involving alcohol or drug
use, a gross misdemeanor offense under 609.324, subdivision 1 (other prohibited acts); a
gross misdemeanor offense under 609.378 (neglect or endangerment of a child); a gross
misdemeanor offense under 609.377 (malicious punishment of a child); 609.72, subdivision
3 (disorderly conduct against a vulnerable adult); or 624.713 (certain persons not to possess
firearms); or Minnesota Statutes 2012, section 609.21.
(b) The commissioner may not set aside the disqualification of an individual if less than
ten years have passed since the individual's aiding and abetting, attempt, or conspiracy to
commit any of the offenses listed in paragraph (a) as each of these offenses is defined in
Minnesota Statutes.
(c) The commissioner may not set aside the disqualification of an individual if less than
ten years have passed since the discharge of the sentence imposed for an offense in any
other state or country, the elements of which are substantially similar to the elements of any
of the offenses listed in paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 18.
Minnesota Statutes 2018, section 245C.24, subdivision 4, is amended to read:
Subd. 4.
Seven-year bar to set aside disqualification.
The commissioner may not set
aside the disqualification of an individual in connection with a license to provide family
child care for childrendeleted text begin , foster care for children in the provider's home,deleted text end or foster care or day
care services for adults in the provider's home if within seven years preceding the study:
(1) the individual committed an act that constitutes maltreatment of a child under section
626.556, subdivision 10e, and the maltreatment resulted in substantial bodily harm as defined
in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by
competent psychological or psychiatric evidence; or
(2) the individual was determined under section 626.557 to be the perpetrator of a
substantiated incident of maltreatment of a vulnerable adult that resulted in substantial
bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional
harm as supported by competent psychological or psychiatric evidence.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 19.
Minnesota Statutes 2018, section 245C.24, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Five-year bar to set aside disqualification; family child foster care. new text end
new text begin
(a) The
commissioner shall not set aside the disqualification of an individual 18 years of age or
older in connection with a license for foster care for children in the provider's home if within
five years preceding the study the individual is convicted of a felony in section 245C.15,
subdivision 6, paragraph (c).
new text end
new text begin
(b) In connection with a license for family child foster care, the commissioner may set
aside or grant a variance to the disqualification for an individual who is under 18 years of
age at the time the background study is submitted.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 20.
Minnesota Statutes 2019 Supplement, section 256B.0659, subdivision 11, as
amended by Laws 2020, chapter 115, article 4, section 128, is amended to read:
Subd. 11.
Personal care assistant; requirements.
(a) A personal care assistant must
meet the following requirements:
(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of
age with these additional requirements:
(i) supervision by a qualified professional every 60 days; and
(ii) employment by only one personal care assistance provider agency responsible for
compliance with current labor laws;
(2) be employed by a personal care assistance provider agency;
(3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:
(i) not disqualified under section 245C.14; or
(ii) disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;
(4) be able to effectively communicate with the recipient and personal care assistance
provider agency;
(5) be able to provide covered personal care assistance services according to the recipient's
personal care assistance care plan, respond appropriately to recipient needs, and report
changes in the recipient's condition to the supervising qualified professional, physician, or
advanced practice registered nurse;
(6) not be a consumer of personal care assistance services;
(7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;
(8) effective January 1, 2010, complete standardized training as determined by the
commissioner before completing enrollment. The training must be available in languages
other than English and to those who need accommodations due to disabilities. Personal care
assistant training must include successful completion of the following training components:
basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic
roles and responsibilities of personal care assistants including information about assistance
with lifting and transfers for recipients, emergency preparedness, orientation to positive
behavioral practices, fraud issues, and completion of time sheets. Upon completion of the
training components, the personal care assistant must demonstrate the competency to provide
assistance to recipients;
(9) complete training and orientation on the needs of the recipient; and
(10) be limited to providing and being paid for up to deleted text begin 275deleted text end new text begin 310new text end hours per month of personal
care assistance services regardless of the number of recipients being served or the number
of personal care assistance provider agencies enrolled with. The number of hours worked
per day shall not be disallowed by the department unless in violation of the law.
(b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).
(c) Persons who do not qualify as a personal care assistant include parents, stepparents,
and legal guardians of minors; spouses; paid legal guardians of adults; family foster care
providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of
a residential setting.
(d) Personal care assistance services qualify for the enhanced rate described in subdivision
17a if the personal care assistant providing the services:
(1) provides covered services to a recipient who qualifies for 12 or more hours per day
of personal care assistance services; and
(2) satisfies the current requirements of Medicare for training and competency or
competency evaluation of home health aides or nursing assistants, as provided in the Code
of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
training or competency requirements.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2019 Supplement, section 256B.85, subdivision 16, is amended
to read:
Subd. 16.
Support workers requirements.
(a) Support workers shall:
(1) enroll with the department as a support worker after a background study under chapter
245C has been completed and the support worker has received a notice from the
commissioner that the support worker:
(i) is not disqualified under section 245C.14; or
(ii) is disqualified, but has received a set-aside of the disqualification under section
245C.22;
(2) have the ability to effectively communicate with the participant or the participant's
representative;
(3) have the skills and ability to provide the services and supports according to the
participant's CFSS service delivery plan and respond appropriately to the participant's needs;
(4) complete the basic standardized CFSS training as determined by the commissioner
before completing enrollment. The training must be available in languages other than English
and to those who need accommodations due to disabilities. CFSS support worker training
must include successful completion of the following training components: basic first aid,
vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and
responsibilities of support workers including information about basic body mechanics,
emergency preparedness, orientation to positive behavioral practices, orientation to
responding to a mental health crisis, fraud issues, time cards and documentation, and an
overview of person-centered planning and self-direction. Upon completion of the training
components, the support worker must pass the certification test to provide assistance to
participants;
(5) complete employer-directed training and orientation on the participant's individual
needs;
(6) maintain the privacy and confidentiality of the participant; and
(7) not independently determine the medication dose or time for medications for the
participant.
(b) The commissioner may deny or terminate a support worker's provider enrollment
and provider number if the support worker:
(1) does not meet the requirements in paragraph (a);
(2) fails to provide the authorized services required by the employer;
(3) has been intoxicated by alcohol or drugs while providing authorized services to the
participant or while in the participant's home;
(4) has manufactured or distributed drugs while providing authorized services to the
participant or while in the participant's home; or
(5) has been excluded as a provider by the commissioner of human services, or by the
United States Department of Health and Human Services, Office of Inspector General, from
participation in Medicaid, Medicare, or any other federal health care program.
(c) A support worker may appeal in writing to the commissioner to contest the decision
to terminate the support worker's provider enrollment and provider number.
(d) A support worker must not provide or be paid for more than deleted text begin 275deleted text end new text begin 310new text end hours of CFSS
per month, regardless of the number of participants the support worker serves or the number
of agency-providers or participant employers by which the support worker is employed.
The department shall not disallow the number of hours per day a support worker works
unless it violates other law.
(e) CFSS qualify for an enhanced rate if the support worker providing the services:
(1) provides services, within the scope of CFSS described in subdivision 7, to a participant
who qualifies for 12 or more hours per day of CFSS; and
(2) satisfies the current requirements of Medicare for training and competency or
competency evaluation of home health aides or nursing assistants, as provided in the Code
of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
training or competency requirements.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Minnesota Statutes 2018, section 609.855, subdivision 1, is amended to read:
Subdivision 1.
Unlawfully obtaining services; misdemeanor.
new text begin (a) new text end A person is guilty
of a misdemeanor who intentionally obtains or attempts to obtain service for himself, herself,
or another person from a provider of public transit or from a public conveyance by doing
any of the following:
(1) occupies or rides in any public transit vehicle without paying the applicable fare or
otherwise obtaining the consent of the transit provider including:
(i) the use of a reduced fare when a person is not eligible for the fare; or
(ii) the use of a fare medium issued solely for the use of a particular individual by another
individual;
(2) presents a falsified, counterfeit, photocopied, or other deceptively manipulated fare
medium as fare payment or proof of fare payment;
(3) sells, provides, copies, reproduces, or creates any version of any fare medium without
the consent of the transit provider; or
(4) puts or attempts to put any of the following into any fare box, pass reader, ticket
vending machine, or other fare collection equipment of a transit provider:
(i) papers, articles, instruments, or items other than fare media or currency; or
(ii) a fare medium that is not valid for the place or time at, or the manner in, which it is
used.
new text begin (b) new text end Where self-service barrier-free fare collection is utilized by a public transit provider,
it is a violation of this subdivision to intentionally fail to exhibit proof of fare payment upon
the request of an authorized transit representative when entering, riding upon, or leaving a
transit vehicle or when present in a designated paid fare zone located in a transit facility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021.
new text end
Sec. 23.
Minnesota Statutes 2018, section 609.855, subdivision 7, is amended to read:
Subd. 7.
Definitions.
(a) The definitions in this subdivision apply in this section.
(b) "Public transit" or "transit" has the meaning given in section 174.22, subdivision 7.
(c) "Public transit vehicle" or "transit vehicle" means any vehicle used for the purpose
of providing public transit, whether or not the vehicle is owned or operated by a public
entity.
(d) "Public transit facilities" or "transit facilities" means any vehicles, equipment,
property, structures, stations, improvements, plants, parking or other facilities, or rights that
are owned, leased, held, or used for the purpose of providing public transit, whether or not
the facility is owned or operated by a public entity.
(e) "Fare medium" means a ticket, smart card, pass, coupon, token, transfer, or other
medium sold or distributed by a public transit provider, or its authorized agents, for use in
gaining entry to or use of the public transit facilities or vehicles of the provider.
(f) "Proof of fare payment" means a fare medium valid for the place or time at, or the
manner in, which it is used. If using a reduced-fare medium, proof of fare payment also
includes proper identification demonstrating a person's eligibility for the reduced fare. If
using a fare medium issued solely for the use of a particular individual, proof of fare payment
also includes an identification document bearing a photographic likeness of the individual
and demonstrating that the individual is the person to whom the fare medium is issued.
(g) "Authorized transit representative" means the person authorized by the transit provider
to operate the transit vehicle, a peace officer,new text begin a transit agent,new text end or any other person designated
by the transit provider as an authorized transit deleted text begin providerdeleted text end new text begin representativenew text end under this section.
new text begin
(h) "Transit agent" means a peace officer, a community service officer, or a person who
is authorized by the transit provider to issue administrative citations as provided in this
section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021.
new text end
Sec. 24.
Minnesota Statutes 2018, section 609.855, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Administrative citations. new text end
new text begin
(a) Subject to requirements established by the transit
provider, a transit agent may issue an administrative citation to a person who commits a
violation under subdivision 1, paragraph (a), clause (1), or paragraph (b), or under subdivision
3, if:
new text end
new text begin
(1) the violation occurs in a transit vehicle or transit facility;
new text end
new text begin
(2) the transit vehicle or transit facility utilizes self-service barrier-free fare collection;
and
new text end
new text begin
(3) the public transit service is operated, whether in whole or in part, in the metropolitan
area, as defined in section 473.121, subdivision 2.
new text end
new text begin
(b) A transit agent has the exclusive authority to issue an administrative citation under
this subdivision.
new text end
new text begin
(c) Issuance of an administrative citation prevents imposition of a citation under
subdivision 1, paragraph (a), clause (1), or paragraph (b), or under subdivision 3, as
appropriate, and any criminal citation arising from the same conduct.
new text end
new text begin
(d) A person who is issued an administrative citation under this subdivision must, within
90 days of issuance, pay a fine of $35 or contest the citation. A person who fails to either
pay the fine or contest the citation within the specified period is considered to have waived
the contested citation process and is subject to collections, including collection costs.
new text end
new text begin
(e) The transit provider must provide a civil process that allows a person to contest an
administrative citation before a neutral third party. The transit provider may employ a person
not associated with its transit operations, or enter into an agreement with another unit of
government, to hear and rule on challenges to administrative citations.
new text end
new text begin
(f) Fines under this subdivision must be collected by the transit provider and maintained
in a separate account that is only used to cover the costs of enforcement activities under
this section.
new text end
new text begin
(g) An administrative citation must include notification that the person has the right to
contest the citation, basic procedures for contesting the citation, and information on the
timeline and consequences related to the citation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2020, and applies to violations
committed on or after that date.
new text end
Sec. 25. new text begin TRANSPORTATION APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to the appropriations
in Laws 2019, First Special Session chapter 3, article 1, to the agencies and for the purposes
specified in sections 11 and 12. The appropriations are from the trunk highway fund, or
another named fund, and are available for the fiscal years indicated for each purpose. The
figures "2020" and "2021" used below mean that the appropriations listed under them in
sections 11 and 12 are available for the fiscal year ending June 30, 2020, or June 30, 2021,
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
2020 new text end |
new text begin
2021 new text end |
|||||
Sec. 26. new text begin METROPOLITAN COUNCIL
|
||||||
|
new text begin
Transit System Operations new text end |
new text begin
-0- new text end |
new text begin
3,703,000 new text end |
||||
new text begin
This appropriation is from the general fund to
the Metropolitan Council for transit system
operations under Minnesota Statutes, sections
473.371 to 473.449, to provide additional
transit safety improvements and fare
compliance measures on Metro Transit light
rail and transitway service, including an
administrative citations program, additional
law enforcement staffing, and enhanced
monitoring.
new text end
new text begin
The base for transit system operations is
$37,551,000 in fiscal year 2022 and
$39,632,000 in fiscal year 2023.
new text end
Sec. 27. new text begin DEPARTMENT OF PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Appropriations
|
||||||
new text begin
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.
new text end
new text begin Subd. 2. new text end
new text begin
Patrolling Highways
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
7,168,000 new text end |
||
new text begin
This appropriation is for staff and operating
costs.
new text end
new text begin
The base from the trunk highway fund for
patrolling highways is $102,452,000 in each
of fiscal years 2022 and 2023.
new text end
new text begin Subd. 3. new text end
new text begin
Commercial Vehicle Enforcement
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
648,000 new text end |
||
new text begin
This appropriation is for staff and operating
costs.
new text end
new text begin
The base for commercial vehicle enforcement
is $9,686,000 in each of fiscal years 2022 and
2023.
new text end
new text begin Subd. 4. new text end
new text begin
Capitol Security
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
1,278,000 new text end |
||
new text begin
This appropriation is from the general fund
for staff and operating costs.
new text end
new text begin
The base for capitol security is $10,528,000
in each of fiscal years 2022 and 2023.
new text end
Sec. 28. new text begin TEMPORARY PERSONAL CARE ASSISTANCE COMPENSATION FOR
SERVICES PROVIDED BY A PARENT OR SPOUSE.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 256B.0659, subdivisions 3, paragraph
(a), clause (1); 11, paragraph (c); and 19, paragraph (b), clause (3), during a peacetime
emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision
2, for an outbreak of COVID-19, a parent, stepparent, or legal guardian of a minor who is
a personal care assistance recipient or a spouse of a personal care assistance recipient may
provide and be paid for providing personal care assistance services.
new text end
new text begin
(b) This section expires January 31, 2021, or 60 days after the peacetime emergency
declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an
outbreak of COVID-19, is terminated or rescinded by proper authority, whichever is earlier.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment or
upon federal approval, whichever is later. The commissioner of human services shall notify
the revisor of statutes when federal approval is obtained.
new text end
Sec. 29. new text begin PERSONAL CARE ASSISTANCE TEMPORARY RATE INCREASE.
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) "Commissioner" means the commissioner of human services.
new text end
new text begin
(c) "Covered program" has the meaning given in Minnesota Statutes, section 256B.0711,
subdivision 1, paragraph (b).
new text end
new text begin
(d) "Direct support professional" means an individual employed to personally provide
personal care assistance services covered by medical assistance under Minnesota Statutes,
section 256B.0625, subdivisions 19a and 19c; or to personally provide medical assistance
services covered under Minnesota Statutes, sections 256B.0913, 256B.092, 256B.49, or
chapter 256S. Direct support professional does not include managerial or administrative
staff who do not personally provide the services described in this paragraph.
new text end
new text begin
(e) "Direct support services" has the meaning given in Minnesota Statutes, section
256B.0711, subdivision 1, paragraph (c).
new text end
new text begin Subd. 2. new text end
new text begin Temporary rates for direct support services. new text end
new text begin
(a) To respond to the infectious
disease known as COVID-19, the commissioner must temporarily increase rates and enhanced
rates by 15 percent for direct support services provided under a covered program or under
Minnesota Statutes, section 256B.0659, while this section is effective.
new text end
new text begin
(b) Providers that receive a rate increase under this section must:
new text end
new text begin
(1) use at least 80 percent of the additional revenue to increase wages, salaries, and
benefits for personal care assistants and any corresponding increase in the employer's share
of FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers'
compensation premiums; and
new text end
new text begin
(2) use any remainder of the additional revenue for activities and items necessary to
support compliance with Centers for Disease Control and Prevention guidance on sanitation
and personal protective equipment.
new text end
new text begin Subd. 3. new text end
new text begin Capitation rates and directed payments. new text end
new text begin
(a) To implement the temporary
rate increase under this section, managed care plans and county-based purchasing plans
shall increase rates and enhanced rates by 15 percent for the direct support services.
new text end
new text begin
(b) In combination with contract amendments instructing plans to increase reimbursement
rates for direct support services, the commissioner shall adjust capitation rates paid to
managed care plans and county-based purchasing plans as needed to maintain managed
care plans' expected medical loss ratios.
new text end
new text begin
(c) Contracts between managed care plans and providers and between county-based
purchasing plans and providers must allow recovery of payments from providers if federal
approval for the provisions of this subdivision is not received and the commissioner reduces
capitation payments as a result. Payment recoveries must not exceed the amount equal to
any decrease in rates that results from this paragraph.
new text end
new text begin Subd. 4. new text end
new text begin Consumer-directed community supports budgets. new text end
new text begin
Lead agencies shall
temporarily increase the budget for each recipient of consumer-directed community supports
to reflect a 15 percent rate increase for direct support services.
new text end
new text begin Subd. 5. new text end
new text begin Consumer support grants; increased maximum allowable grant. new text end
new text begin
The
commissioner shall temporarily increase the maximum allowable monthly grant level for
each recipient of consumer support grants to reflect a 15 percent rate increase for direct
support services.
new text end
new text begin Subd. 6. new text end
new text begin Distribution plans. new text end
new text begin
(a) A provider agency or individual provider that receives
a rate increase under subdivision 2 shall prepare and, upon request, submit to the
commissioner a distribution plan that specifies the anticipated amount and proposed uses
of the additional revenue the provider will receive under subdivision 2.
new text end
new text begin
(b) By September 15, 2020, the provider must post the distribution plan for a period of
at least six weeks in an area of the provider's operation to which all direct support
professionals have access. The provider must post with the distribution plan instructions on
how to contact the commissioner if direct support professionals do not believe they have
received the wage increase or benefits specified in the distribution plan. The instructions
must include a mailing address, e-mail address, and telephone number that the direct support
professional may use to contact the commissioner or the commissioner's representative.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
This section expires January 31, 2021, or 60 days after the peacetime
emergency declared by the governor in an executive order that relates to the infectious
disease known as COVID-19 is terminated or rescinded by proper authority, whichever is
earlier.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment or
upon federal approval, whichever is later. The commissioner shall notify the revisor of
statutes when federal approval is obtained.
new text end
Sec. 30. new text begin APPROPRIATION; PERSONAL CARE ASSISTANCE.
new text end
new text begin
$21,002,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of human services to implement the personal care assistance provisions in this act.
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. 31. new text begin DIRECTION TO COMMISSIONER; ALLOCATING BASIC SLIDING
FEE FUNDS.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the
commissioner must allocate the additional basic sliding fee child care funds for calendar
year 2021 to counties for updated maximum rates based on relative need to cover maximum
rate increases. In distributing the additional funds, the commissioner shall consider the
following factors by county:
new text end
new text begin
(1) number of children;
new text end
new text begin
(2) provider type;
new text end
new text begin
(3) age of children; and
new text end
new text begin
(4) amount of the increase in maximum rates.
new text end
Sec. 32. new text begin DIRECTION TO THE COMMISSIONER; CHILD CARE AND
DEVELOPMENT BLOCK GRANT ALLOCATION.
new text end
new text begin
(a) The commissioner shall allocate $20,439,000 in fiscal year 2021, $32,710,000 in
fiscal year 2022, and $32,648,000 in fiscal year 2023 from the child care development block
grant amount in the federal fund for the rate increase under section 4, paragraph (a).
new text end
new text begin
(b) When increased federal discretionary child care development block grant funding is
used to pay for the rate increase under paragraph (a) of this section, the commissioner, in
consultation with the commissioner of management and budget, may adjust the amount of
working family credit expenditures as needed to meet the state's maintenance of effort
requirements for the TANF block grant.
new text end
Sec. 33. new text begin APPROPRIATION; SELF-ADMINISTERED MEDICATION-ASSISTED
TREATMENT.
new text end
new text begin
$28,909,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of human services for repayment to the federal Centers for Medicare and Medicaid Services
for the federal share of identified overpayments to the Leech Lake Band of Ojibwe and the
White Earth Band of Ojibwe for self-administered medication-assisted treatment from the
beginning of fiscal year 2014 through the end of fiscal year 2019. If the Leech Lake Band
of Ojibwe and the White Earth Band of Ojibwe are required by law to repay the
overpayments, the commissioner of human services may pay up to $14,666,000 to the Leech
Lake Band of Ojibwe and up to $14,242,000 to the White Earth Band of Ojibwe for each
to comply with repayment requirements. This is a onetime appropriation.
new text end
Sec. 34. new text begin APPROPRIATION; INSTITUTIONS FOR MENTAL DISEASE
PAYMENTS.
new text end
new text begin
$8,812,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of human services to reimburse counties for the value of the commissioner's estimate of the
statewide county share of costs for which federal funds were claimed, but were not eligible
for federal funding for substance use disorder services provided in institutions for mental
disease, for claims paid between January 1, 2014, and June 30, 2019. The commissioner of
human services shall allocate this appropriation between counties in proportion to each
county's estimated county share versus the estimated statewide county share. Prior to payment
of the allocated amount to a county, the county must pay in full any unpaid consolidated
chemical dependency treatment fund invoiced county share. This is a onetime appropriation.
new text end
Sec. 35. new text begin APPROPRIATIONS; DIRECT CARE AND TREATMENT.
new text end
new text begin
(a) $6,124,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of human services for forensic services programs. This is a onetime
appropriation.
new text end
new text begin
(b) $4,715,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of human services for the sex offender program. This is a onetime
appropriation.
new text end
new text begin
(c) $463,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of human services for direct care and treatment program operations costs. This is a onetime
appropriation.
new text end
new text begin
(d) $5,742,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of human services for direct care and treatment mental health and substance
abuse treatment services. The commissioner must transfer $547,000 in fiscal year 2021 to
the enterprise fund for the Community Addiction Recovery Enterprise program. This is a
onetime appropriation.
new text end
new text begin
(e) $21,066,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of human services for direct care and treatment community-based services.
The commissioner must transfer $20,582,000 in fiscal year 2021 from the general fund to
the enterprise fund for Minnesota State Operated Community Services. This is a onetime
appropriation.
new text end
Sec. 36. new text begin APPROPRIATION; MFIP SUPPLEMENTAL PAYMENT.
new text end
new text begin
(a) $13,852,000 in fiscal year 2021 is appropriated from the TANF fund to the
commissioner of human services to provide a onetime cash benefit of up to $500 for each
household enrolled in the Minnesota family investment program or diversionary work
program under Minnesota Statutes, chapter 256J, at the time that the cash benefit is
distributed. The commissioner shall distribute these funds through existing systems and in
a manner that minimizes the burden to families. This is a onetime appropriation.
new text end
new text begin
(b) $92,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of human services for administrative costs associated with distributing the cash benefit in
paragraph (a). This is a onetime appropriation.
new text end
new text begin
(c) $6,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of human services for information technology to administer the cash benefit in paragraph
(a). This is a onetime appropriation.
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. 37. new text begin APPROPRIATION.
new text end
new text begin
$100,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of human services to implement child foster care background study modifications. The base
for this appropriation is $115,000 in fiscal year 2022 and $115,000 in fiscal year 2023.
These appropriations include federal financial participation of $32,000 in fiscal year 2021
and $37,000 in fiscal years 2022 and 2023.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective if the commissioner of management and
budget determines that an act substantially similar to House File 95 (2020 First Special
Session) is enacted during the 2020 First Special Session.
new text end
Sec. 38. new text begin DEPARTMENT OF NATURAL RESOURCES; APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Chronic wasting disease. new text end
new text begin
(a) $1,300,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of natural resources for surveillance
and response to chronic wasting disease. This is a onetime appropriation and is available
until June 30, 2022.
new text end
new text begin
(b) $200,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of natural resources for enforcement activities related to chronic wasting disease. This is a
onetime appropriation and is available until June 30, 2022.
new text end
new text begin
(c) $672,000 in fiscal year 2021 is appropriated from the game and fish fund to the
commissioner of natural resources for deer research to maintain and promote a healthy deer
population. The base for this appropriation is $546,000 in fiscal year 2023.
new text end
new text begin Subd. 2. new text end
new text begin Aquatic invasive species. new text end
new text begin
$5,000,000 in fiscal year 2021 is appropriated from
the general fund to the commissioner of natural resources for aquatic invasive species
prevention, response, education, and grants. This is a onetime appropriation and is available
until June 30, 2023.
new text end
new text begin Subd. 3. new text end
new text begin Legal costs. new text end
new text begin
$500,000 in fiscal year 2020 and $3,500,000 in fiscal year 2021
are appropriated from the general fund to the commissioner of natural resources for legal
costs. Of this amount, up to $500,000 in fiscal year 2020 and $1,500,000 in fiscal year 2021
may be transferred to the Minnesota Pollution Control Agency. This is a onetime
appropriation and is available until June 30, 2023.
new text end
Sec. 39. new text begin MINNESOTA ZOO; APPROPRIATION.
new text end
new text begin
$6,000,000 in fiscal year 2021 is appropriated from the general fund to the Minnesota
Zoological Board for the Minnesota Zoological Garden. This is a onetime appropriation.
new text end
Sec. 40. new text begin VETERANS AFFAIRS; APPROPRIATIONS.
new text end
new text begin
(a) $1,000,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of veterans affairs for the operation of a Veterans Suicide Office within the
Department of Veterans Affairs. The Veterans Suicide Office must address the problem of
veteran suicide in Minnesota. The base for this appropriation is $650,000 in fiscal year 2022
and $550,000 in fiscal year 2023.
new text end
new text begin
(b) $3,165,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of veterans affairs for the provision of housing vouchers and other services
dedicated to alleviating homelessness for veterans and former service members in Minnesota.
new text end
Sec. 41. new text begin APPROPRIATION; DEPARTMENT OF CORRECTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Total appropriation. new text end
new text begin
$1,208,000 in fiscal year 2020 and $17,338,000
in fiscal year 2021 are appropriated from the general fund to the commissioner of corrections
for overtime and staffing, investment in community supervision partners, and operations
support. The appropriation for fiscal year 2020 is available for the purposes specified in
this section until June 30, 2021.
new text end
new text begin Subd. 2. new text end
new text begin Correctional institutions. new text end
new text begin
(a) Of the amounts appropriated in subdivision 1,
$481,000 in fiscal year 2020 and $9,888,000 in fiscal year 2021 are for additional
compensation costs, including overtime. The base for this appropriation is $12,338,000 in
fiscal year 2022 and $12,338,000 in fiscal year 2023.
new text end
new text begin
(b) A base reduction of $2,469,000 in fiscal year 2021 is for an anticipated reduction in
state prison beds needed by using community-based alternatives for supervision revocations.
The base reduction is $4,938,000 in fiscal year 2022 and $7,407,000 in fiscal year 2023.
new text end
new text begin Subd. 3. new text end
new text begin Community services. new text end
new text begin
(a) Of the amounts appropriated in subdivision 1,
$543,000 in fiscal year 2020 and $9,333,000 in fiscal year 2021 are for community services
as provided in this subdivision.
new text end
new text begin
(b) $205,000 in fiscal year 2020 and $8,065,000 in fiscal year 2021 are for investment
in community supervision partners as follows:
new text end
new text begin
(1) $3,925,000 in fiscal year 2021 is added to the Community Corrections Act subsidy
under Minnesota Statutes, section 401.14. The base for this appropriation is $4,911,000 in
fiscal year 2022 and $4,911,000 in fiscal year 2023;
new text end
new text begin
(2) $310,000 in fiscal year 2021 is for county probation officer reimbursement under
Minnesota Statutes, section 244.19, subdivision 6;
new text end
new text begin
(3) $205,000 in fiscal year 2020 and $430,000 in fiscal year 2021 are to provide offender
supervision services in Meeker and Renville Counties. These expenditures must be offset
by revenue to the general fund collected under Minnesota Statutes, section 244.19,
subdivision 5;
new text end
new text begin
(4) $422,000 in fiscal year 2021 is to increase offender supervision by the Department
of Corrections. The base for this appropriation is $844,000 in fiscal year 2022 and $844,000
in fiscal year 2023;
new text end
new text begin
(5) $2,613,000 in fiscal year 2021 is to establish county and regional revocation
intervention service centers for offenders who would otherwise be returned to prison. The
base for this appropriation is $5,100,000 in fiscal year 2022 and $5,100,000 in fiscal year
2023; and
new text end
new text begin
(6) $365,000 in fiscal year 2021 is for cognitive behavioral treatment, for
community-based sex offender treatment, and to increase housing alternatives for offenders
under community supervision. The base for this appropriation is $730,000 in fiscal year
2022 and $730,000 in fiscal year 2023.
new text end
new text begin
(c) $338,000 in fiscal year 2020 and $1,268,000 in fiscal year 2021 are for additional
compensation costs, including overtime.
new text end
new text begin Subd. 4. new text end
new text begin Operations support. new text end
new text begin
Of the amounts appropriated in subdivision 1, $184,000
in fiscal year 2020 and $586,000 in fiscal year 2021 are for additional compensation costs,
including overtime.
new text end
Sec. 42. new text begin APPROPRIATION; DEPARTMENT OF PUBLIC SAFETY; BUREAU OF
CRIMINAL APPREHENSION.
new text end
new text begin
(a) $4,482,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of public safety for use by the Bureau of Criminal Apprehension in storing,
tracking, and testing sexual assault examination kits; and forensic testing to combat violent
crime.
new text end
new text begin
(b) Of the amount appropriated in paragraph (a), $3,096,000 in fiscal year 2021 is to
pay for the testing of unrestricted sexual assault examination kits, storage of restricted kits,
and the development of an informational website for sexual assault survivors to learn the
status of the testing of the survivor's individual sexual assault examination kit. The base for
this appropriation is $2,067,000 in fiscal year 2022 and each year thereafter.
new text end
new text begin
(c) Of the amount appropriated in paragraph (a), $1,386,000 in fiscal year 2021 is for
staffing and operating costs to provide for training, supplies, and equipment; and renovate
space to enhance the capacity for forensic testing to combat violent crime. The base for this
appropriation is $844,000 in fiscal year 2022 and each year thereafter.
new text end
Sec. 43. new text begin APPROPRIATIONS GIVEN EFFECT ONCE.
new text end
new text begin
If an appropriation in this act is enacted more than once during the 2020 First Special
Session, it shall be given effect only once.
new text end
Sec. 44. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, section 119B.125, subdivision 5,
new text end
new text begin
is repealed.
new text end
ARTICLE 3
COVID-19 APPROPRIATIONS; CANCELLATIONS
Section 1.
Laws 2020, chapter 70, article 2, section 2, is amended to read:
Sec. 2. TRANSFER; HEALTH CARE RESPONSE FUND.
The commissioner of management and budget shall make a onetime transfer in fiscal
year 2020 of deleted text begin $150,000,000deleted text end new text begin $42,521,185new text end from the general fund to the health care response
fund under section 1, for the uses specified in section 1. deleted text begin Any unobligated and unexpended
amount in the fund on February 1, 2021, shall transfer to the general fund.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 18, 2020.
new text end
Sec. 2.
Laws 2020, chapter 71, article 1, section 2, subdivision 9, is amended to read:
Subd. 9.
Appropriation.
(a) $29,964,000 in fiscal year 2020 is appropriated from the
deleted text begin generaldeleted text end new text begin coronavirus relief federalnew text end fund to the commissioner of human services for grants
under this section. Of this amount, up to $450,000 is for Child Care Aware to administer
the grants in accordance with subdivision 1.
(b) This is a onetime appropriation and is available until December deleted text begin 31deleted text end new text begin 30new text end , 2020.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 29, 2020.
new text end
Sec. 3.
Laws 2020, chapter 71, article 1, section 9, is amended to read:
Sec. 9. TRANSFER.
deleted text begin $200,000,000deleted text end new text begin $189,048,000new text end in fiscal year 2020 is transferred from the general fund to
the COVID-19 Minnesota fund under section 7. This is a onetime transfer.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 29, 2020.
new text end
Sec. 4. new text begin APPROPRIATION.
new text end
new text begin
$107,478,815 is appropriated from the coronavirus relief federal fund to fund grants
authorized under Laws 2020, chapter 70, article 2, section 1, and for the uses authorized
under Laws 2020, chapter 70, article 2, section 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 18, 2020.
new text end
Sec. 5. new text begin COVID-19 MINNESOTA FUND CANCELLATION; COVID-19
MINNESOTA FEDERAL ACCOUNT USE; APPROPRIATION.
new text end
new text begin
(a) The commissioner of management and budget shall cancel expenditures authorized
from the COVID-19 Minnesota fund identified as Legislative COVID-19 Response
Commission Action Order No. 11.
new text end
new text begin
(b) The commissioner of management and budget shall pay for the costs of the action
orders canceled in paragraph (a) from the coronavirus relief federal fund.
new text end
new text begin
(c) $10,952,000 in fiscal year 2020 is appropriated from the coronavirus relief federal
fund for expenses related to Legislative COVID-19 Response Commission Action Order
No. 11.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 29, 2020.
new text end
ARTICLE 4
STATE LANDS
Section 1.
Minnesota Statutes 2018, section 84.63, is amended to read:
84.63 CONVEYANCE OF INTERESTS IN LANDS TO STATE deleted text begin ANDdeleted text end new text begin ,new text end FEDERALnew text begin ,new text end
new text begin AND TRIBAL new text end GOVERNMENTS.
(a) Notwithstanding any existing law to the contrary, the commissioner of natural
resources is hereby authorized on behalf of the state to convey to the United Statesnew text begin , to a
federally recognized Indian tribe,new text end or to the state of Minnesota or any of its subdivisions,
upon state-owned lands under the administration of the commissioner of natural resources,
permanent or temporary easements for specified periods or otherwise for trails, highways,
roads including limitation of right of access from the lands to adjacent highways and roads,
flowage for development of fish and game resources, stream protection, flood control, and
necessary appurtenances thereto, such conveyances to be made upon such terms and
conditions including provision for reversion in the event of non-user as the commissioner
of natural resources may determine.
(b) In addition to the fee for the market value of the easement, the commissioner of
natural resources shall assess the applicant the following fees:
(1) an application fee of $2,000 to cover reasonable costs for reviewing the application
and preparing the easement; and
(2) a monitoring fee to cover the projected reasonable costs for monitoring the
construction of the improvement for which the easement was conveyed and preparing special
terms and conditions for the easement. The commissioner must give the applicant an estimate
of the monitoring fee before the applicant submits the fee.
(c) The applicant shall pay these fees to the commissioner of natural resources. The
commissioner shall not issue the easement until the applicant has paid in full the application
fee, the monitoring fee, and the market value payment for the easement.
(d) Upon completion of construction of the improvement for which the easement was
conveyed, the commissioner shall refund the unobligated balance from the monitoring fee
revenue. The commissioner shall not return the application fee, even if the application is
withdrawn or denied.
(e) Money received under paragraph (b) must be deposited in the land management
account in the natural resources fund and is appropriated to the commissioner of natural
resources to cover the reasonable costs incurred for issuing and monitoring easements.
(f) A county or joint county regional railroad authority is exempt from all fees specified
under this section for trail easements on state-owned land.
Sec. 2.
Minnesota Statutes 2018, section 92.502, is amended to read:
92.502 LEASE OF TAX-FORFEITED AND STATE LANDS.
(a) Notwithstanding section 282.04 or other law to the contrary, St. Louis County may
enter a 30-year lease of tax-forfeited land for a wind energy project.
(b) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for a wind energy project.
(c) The commissioner of natural resources may enter a 30-year lease of land administered
by the commissioner for recreational trails and facilities.new text begin The commissioner may assess the
lease applicant a monitoring fee to cover the projected reasonable costs of monitoring
construction of the recreational trail or facility and preparing special terms and conditions
of the license to ensure proper construction. The commissioner must give the applicant an
estimate of the monitoring fee before the applicant is required to submit the fee. Upon
completion of construction of the trail or facility, the commissioner must refund the
unobligated balance from the monitoring fee revenue.
new text end
(d) Notwithstanding section 282.04 or other law to the contrary, Lake and St. Louis
Counties may enter into 30-year leases of tax-forfeited land for recreational trails and
facilities.
Sec. 3. new text begin ADDITION TO STATE PARK.
new text end
new text begin
[85.012] [Subd. 18.] Fort Snelling State Park, Dakota County. The following areas
are added to Fort Snelling State Park, Dakota County:
new text end
new text begin
(1) that part of Section 28, Township 28 North, Range 23 West, Dakota County,
Minnesota, bounded by the Dakota County line along the Minnesota River and the following
described lines:
new text end
new text begin
Beginning at the intersection of the south line of Lot 18 of Auditor's Subdivision Number
29 of Mendota, according to the plat on file in the Office of the Dakota County Recorder,
with the westerly right-of-way line of the existing Sibley Memorial Highway; thence
northerly along said westerly right-of-way line to the north line of said Lot 18; thence
westerly along the north line of said Lot 18 to the easterly right-of-way line of the
Chicago and Northwestern Railroad; thence northerly and northeasterly along said
easterly right-of-way to the east line of said Section 28;
new text end
new text begin
(2) that part of Section 33, Township 28 North, Range 23 West, Dakota County,
Minnesota, lying westerly of the easterly right-of-way of the Chicago and Northwestern
Railroad;
new text end
new text begin
(3) that part of Government Lot 6 of Section 33, Township 28 North, Range 23 West,
Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and
Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial Highway
and North of the South 752 feet of said Government Lot 6;
new text end
new text begin
(4) the North 152 feet of the South 752 feet of that part of Government Lot 6 of Section
33, Township 28 North, Range 23 West, Dakota County, Minnesota, lying East of the
easterly right-of-way of the Chicago and Northwestern Railroad and West of the westerly
right-of-way of Sibley Memorial Highway;
new text end
new text begin
(5) the North 270 feet of the South 600 feet of that part of Government Lot 6 lying
between the westerly right-of-way of Sibley Memorial Highway and the easterly right-of-way
of the Chicago and Northwestern Railroad in Section 33, Township 28 North, Range 23
West, Dakota County, Minnesota;
new text end
new text begin
(6) that part of the South 20 rods of Government Lot 6 of Section 33, Township 28
North, Range 23 West, Dakota County, Minnesota, lying East of the easterly right-of-way
of the Chicago and Northwestern Railroad and West of the westerly right-of-way of Sibley
Memorial Highway, excepting therefrom that part described as follows:
new text end
new text begin
Commencing at the southeast corner of said Government Lot 6; thence North 89 degrees
56 minutes 54 seconds West assumed bearing along the south line of said Government
Lot 6 a distance of 260.31 feet to the point of beginning of the property to be described;
thence continue North 89 degrees 56 minutes 54 seconds West a distance of 71.17 feet;
thence northwesterly a distance of 37.25 feet along a nontangential curve concave to
the East having a radius of 4,098.00 feet and a central angle of 00 degrees 31 minutes
15 seconds the chord of said curve bears North 23 degrees 31 minutes 27 seconds West;
thence northerly a distance of 127.39 feet along a compound curve concave to the East
having a radius of 2,005.98 feet and a central angle of 03 degrees 38 minutes 19 seconds;
thence North 70 degrees 22 minutes 29 seconds East not tangent to said curve a distance
of 65.00 feet; thence southerly a distance of 123.26 feet along a nontangential curve
concave to the East having a radius of 1,940.98 feet and a central angle of 03 degrees
38 minutes 19 seconds the chord of said curve bears South 21 degrees 26 minutes 40
seconds East; thence southerly a distance of 65.42 feet to the point of beginning along
a compound curve concave to the East having a radius of 4,033.00 feet and a central
angle of 00 degrees 55 minutes 46 seconds;
new text end
new text begin
(7) that part of Government Lot 5 of Section 33, Township 28 North, Range 23 West,
Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and
Northwestern Railroad and West of the westerly right-of-way of Sibley Memorial Highway,
excepting therefrom that part described as follows:
new text end
new text begin
Commencing at the southeast corner of said Government Lot 5; thence North 89 degrees
56 minutes 18 seconds West assumed bearing along the south line of said Government
Lot 5 a distance of 70.48 feet to the point of beginning of the property to be described;
thence continue North 89 degrees 56 minutes 18 seconds West along said south line of
Government Lot 5 a distance of 40.01 feet; thence North 01 degree 30 minutes 25 seconds
East a distance of 6.08 feet; thence northerly a distance of 185.58 feet along a tangential
curve concave to the West having a radius of 4,427.00 feet and a central angle of 02
degrees 24 minutes 07 seconds; thence South 89 degrees 06 minutes 18 seconds West
not tangent to said curve a distance of 25.00 feet; thence North 00 degrees 53 minutes
42 seconds West a distance of 539.13 feet; thence northerly a distance of 103.77 feet
along a tangential curve concave to the West having a radius of 1,524.65 feet and a
central angle of 03 degrees 53 minutes 59 seconds; thence northerly a distance of 159.33
feet along a compound curve concave to the West having a radius of 522.45 feet and a
central angle of 17 degrees 28 minutes 23 seconds; thence northwesterly a distance of
86.78 feet along a tangential curve concave to the West having a radius of 1,240.87 feet
and a central angle of 04 degrees 00 minutes 25 seconds; thence North 26 degrees 16
minutes 30 seconds West tangent to said curve a distance of 92.39 feet; thence
northwesterly a distance of 178.12 feet along a tangential curve concave to the East
having a radius of 4,098.00 feet and a central angle of 02 degrees 29 minutes 25 seconds
to a point on the north line of said Government Lot 5 which is 331.48 feet from the
northeast corner thereof as measured along said north line; thence South 89 degrees 56
minutes 54 seconds East along said north line of Government Lot 5 a distance of 71.17
feet; thence southeasterly a distance of 146.53 feet along a nontangential curve concave
to the East having a radius of 4,033.00 feet and a central angle of 02 degrees 04 minutes
54 seconds the chord of said curve bears South 25 degrees 14 minutes 03 seconds East;
thence South 26 degrees 16 minutes 30 seconds East tangent to said curve a distance of
92.39 feet; thence southerly a distance of 91.33 feet along a tangential curve concave
to the West having a radius of 1,305.87 feet and a central angle of 04 degrees 00 minutes
25 seconds; thence southerly a distance of 179.15 feet along a tangential curve concave
to the West having a radius of 587.45 feet and a central angle of 17 degrees 28 minutes
23 seconds; thence southerly a distance of 108.20 feet along a compound curve concave
to the West having a radius of 1,589.65 feet and a central angle of 03 degrees 53 minutes
59 seconds; thence South 00 degrees 53 minutes 42 seconds East tangent to said curve
a distance of 539.13 feet; thence southerly a distance of 187.26 feet along a tangential
curve concave to the West having a radius of 4,467.00 feet and a central angle of 02
degrees 24 minutes 07 seconds; thence South 01 degree 30 minutes 25 seconds West
tangent to said curve a distance of 5.07 feet to the point of beginning; and
new text end
new text begin
(8) that part of Government Lot 4 of Section 33, Township 28 North, Range 23 West,
Dakota County, Minnesota, lying East of the easterly right-of-way of the Chicago and
Northwestern Railroad and northerly of the following described line:
new text end
new text begin
Commencing at the southeast corner of said Government Lot 4; thence North 89 degrees
55 minutes 42 seconds West assumed bearing along the south line of said Government
Lot 4 a distance of 312.44 feet to corner B205, MNDOT Right-of-Way Plat No. 19-93,
according to the recorded map thereof; thence continue North 89 degrees 55 minutes 42
seconds West along said south line of Government Lot 4 a distance of 318.00 feet to the
easterly right-of-way of Chicago and Northwestern Railroad; thence northerly along
said railroad right-of-way a distance of 387.97 feet along a nontangential curve concave
to the West having a radius of 2,963.54 feet and a central angle of 07 degrees 30 minutes
03 seconds, the chord of said curve bears North 00 degrees 42 minutes 41 seconds East;
thence North 03 degrees 02 minutes 21 seconds West tangent to said curve along said
railroad right-of-way a distance of 619.45 feet to the point of beginning of the line to
be described; thence North 89 degrees 35 minutes 27 seconds East a distance of 417.92
feet; thence North 18 degrees 18 minutes 58 seconds East a distance of 317.52 feet to a
point on the north line of said Government Lot 4 which is 135.00 feet from the northeast
corner thereof as measured along said north line and there terminating.
new text end
Sec. 4. new text begin ADDITION TO STATE RECREATION AREA.
new text end
new text begin
[85.013] [Subd. 12a.] Iron Range Off-Highway Vehicle Recreation Area, St. Louis
County. The following area is added to Iron Range Off-Highway Vehicle Recreation Area,
St. Louis County: that part of the South Half of the Northwest Quarter of Section 15,
Township 58 North, Range 17 West, St. Louis County, Minnesota, lying northerly of the
following described line:
new text end
new text begin
Commencing at the West quarter corner of said Section 15; thence North 01 degree 24
minutes 27 seconds West, bearing assumed, along the west line of said South Half of
the Northwest Quarter a distance of 1,034.09 feet to a 3/4-inch rebar with plastic cap
stamped "MN DNR LS 44974" (DM) and the point of beginning; thence South 62 degrees
44 minutes 07 seconds East 405.24 feet to a DM; thence South 82 degrees 05 minutes
24 seconds East 314.95 feet to a DM; thence South 86 degrees 18 minutes 01 second
East 269.23 feet to a DM; thence North 81 degrees 41 minutes 24 seconds East 243.61
feet to a DM; thence North 71 degrees 48 minutes 05 seconds East 478.17 feet to a DM;
thence North 60 degrees 53 minutes 38 seconds East 257.32 feet to a DM; thence South
09 degrees 16 minutes 07 seconds East 179.09 feet to a DM; thence South 49 degrees
16 minutes 00 seconds East 127.27 feet to a DM; thence South 50 degrees 16 minutes
11 seconds East 187.13 feet to a DM; thence South 67 degrees 11 minutes 35 seconds
East 189.33 feet to a DM; thence South 67 degrees 13 minutes 16 seconds East 209.43
feet to a DM; thence South 80 degrees 39 minutes 19 seconds East 167.59 feet to a DM
on the east line of said South Half of the Northwest Quarter, and there terminating.
new text end
Sec. 5. new text begin DELETIONS FROM STATE PARKS.
new text end
new text begin Subdivision 1. new text end
new text begin [85.012] [Subd. 18.] new text end
new text begin
Fort Snelling State Park, Dakota County. The
following areas are deleted from Fort Snelling State Park, Dakota County:
new text end
new text begin
(1) all of Section 33, Township 28 North, Range 23 West of the 4th Principal Meridian
lying westerly of the westerly right-of-way line of the existing Minnesota Trunk Highway
No. 13, excepting the right-of-way owned by the Chicago and Northwestern railway
company; and
new text end
new text begin
(2) all of Section 28, Township 28 North, Range 23 West of the 4th Principal Meridian
bounded by the Dakota County line along the Minnesota River and the following described
lines: Beginning at the south line of said Section 28 at its intersection with the westerly
right-of-way line of the existing Minnesota Trunk Highway No. 13; thence northerly along
the said westerly right-of-way line of existing Minnesota Trunk Highway No. 13 to the
southerly right-of-way line of existing Minnesota Trunk Highway Nos. 55 and 100; thence
along the existing southerly right-of-way line of Minnesota Trunk Highway Nos. 55 and
100 to the westerly right-of-way line owned by the Chicago and Northwestern railway
company; thence northeasterly along the said westerly right-of-way line of the Chicago and
Northwestern railway to the east line of said Section 28, excepting therefrom the right-of-way
owned by the Chicago and Northwestern railway company.
new text end
new text begin Subd. 2. new text end
new text begin [85.012] [Subd. 60.] new text end
new text begin
William O'Brien State Park, Washington County. The
following areas are deleted from William O'Brien State Park, Washington County:
new text end
new text begin
(1) those parts of Section 25, Township 32 North, Range 20 West, Washington County,
Minnesota, described as follows:
new text end
new text begin
The West two rods of the Southwest Quarter of the Northeast Quarter, the West two
rods of the North two rods of the Northwest Quarter of the Southeast Quarter, and the
East two rods of the Southeast Quarter of the Northwest Quarter; and
new text end
new text begin
(2) the East two rods over and across the Northeast Quarter of the Northwest Quarter,
excepting therefrom the North 200 feet of said Northeast Quarter of the Northwest Quarter.
Also, the West 2 rods of the Northwest Quarter of the Northeast Quarter, excepting therefrom
the North 266 feet of said Northwest Quarter of the Northeast Quarter. Also, the South 66
feet of the North 266 feet of that part of said Northwest Quarter of the Northeast Quarter
lying southwesterly of the existing public road known as 199th Street North.
new text end
Sec. 6. new text begin PRIVATE SALE OF SURPLUS STATE LAND; CASS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of
natural resources may sell by private sale the surplus land that is described in paragraph (c).
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land to be conveyed is located in Cass County and is described as: the westerly
20.00 feet of the West Half of the Northeast Quarter, Section 16, Township 139 North,
Range 30 West, Cass County, Minnesota. The Grantor, its employees and agents only,
reserves a perpetual easement for ingress and egress over and across the above described
land.
new text end
new text begin
(d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land was returned to private ownership.
new text end
Sec. 7. new text begin PRIVATE SALE OF SURPLUS STATE LAND; LAKE OF THE WOODS
COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of
natural resources may sell by private sale the surplus land that is described in paragraph (c).
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land to be conveyed is located in Lake of the Woods County and is described
as: a strip of land lying in Government Lot 3, Section 5, Township 163 North, Range 34
West of the Fifth Principal Meridian, Lake of the Woods County, Minnesota; said strip of
land being 33.00 feet in width lying 16.50 feet on each side of the following described
centerline:
new text end
new text begin
Commencing at the southeast corner of said Government Lot 3; thence North 00 degrees
09 minutes 28 seconds West, assumed bearing, along the east line of said Government
Lot 3, a distance of 690 feet, more or less, to the south line of that particular tract of land
deeded to the State of Minnesota according to Document No. 75286, on file and of record
in the Office of the Recorder, Lake of the Woods County, Minnesota; thence South 89
degrees 50 minutes 32 seconds West, along said south line of that particular tract of
land, a distance of 200.00 feet; thence South 00 degrees 09 minutes 28 seconds East,
parallel with the east line of said Government Lot 3, a distance of 40.00 feet; thence
South 89 degrees 50 minutes 32 seconds West, a distance of 16.50 feet to the point of
beginning of the centerline to be herein described; thence South 00 degrees 09 minutes
28 seconds East, parallel with the east line of said Government Lot 3, a distance of 650.5
feet, more or less, to the south line of said Government Lot 3 and said centerline there
terminating.
new text end
new text begin
(d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land was returned to private ownership.
new text end
Sec. 8. new text begin PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner of
natural resources may convey the surplus land that is described in paragraph (c) to a local
unit of government for no consideration.
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land to be conveyed is located in St. Louis County and is described as: that part
of the Southwest Quarter of the Northwest Quarter of Section 27, Township 52 North, Range
17 West, St. Louis County, Minnesota, described as follows:
new text end
new text begin
Commencing at the quarter corner between Sections 27 and 28 of said Township 52
North, Range 17 West; thence running East 624 feet; thence North 629 feet to the point
of beginning; thence North 418 feet; thence East 208 feet; thence South 418 feet; thence
West 208 feet to the point of beginning.
new text end
new text begin
(d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land were conveyed to a local unit of government.
new text end
Sec. 9. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or
other law to the contrary, St. Louis County may sell by private sale the tax-forfeited lands
described in paragraph (c).
new text end
new text begin
(b) The conveyances must be in a form approved by the attorney general. The attorney
general may make changes to the land descriptions to correct errors and ensure accuracy.
new text end
new text begin
(c) The lands to be sold are located in St. Louis County and are described as:
new text end
new text begin
(1) Lot 5, Block 9, including part of vacated Seafield Street adjacent, Bristol Beach 1st
Division, Duluth (parcel 010-0300-01030); and
new text end
new text begin
(2) that part of the Southeast Quarter of the Northwest Quarter, Township 58, Range
15, Section 5, lying northerly of the northerly right-of-way line of the town of White road
running in an east-west direction connecting County Road No. 138 with State Highway No.
135 and lying westerly of the following described line: commencing at the northeast corner
of Government Lot 3; thence South 89 degrees 46 minutes 22 seconds West along the north
line of Government Lot 3 558.28 feet; thence South 27 degrees 50 minutes 01 second West
102.75 feet; thence South 41 degrees 51 minutes 46 seconds West 452.29 feet; thence South
28 degrees 19 minutes 22 seconds West 422.74 feet; thence South 30 degrees 55 minutes
42 seconds West 133.79 feet; thence southwesterly 210.75 feet along a tangential curve
concave to the southeast having a radius of 300 feet and a central angle of 40 degrees 15
minutes 00 seconds; thence South 09 degrees 19 minutes 19 seconds East tangent to said
curve 100.30 feet, more or less, to the north line of said Southeast Quarter of the Northwest
Quarter; thence North 89 degrees 09 minutes 31 seconds East along said north line 40.44
feet to the point of beginning of the line; thence South 09 degrees 19 minutes 19 seconds
East 148 feet, more or less, to said right-of-way line and said line there terminating. Surface
only (parcel 570-0021-00112).
new text end
new text begin
(d) The county has determined that the county's land management interests would best
be served if the lands were returned to private ownership.
new text end
Sec. 10. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; WADENA COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Wadena County and is described as: the
Northeast Quarter of the Southwest Quarter of Section 26, Township 136 North, Range 34
West, Wadena County, Minnesota, except that part described as follows:
new text end
new text begin
Beginning at the northeast corner of said Northeast Quarter of the Southwest Quarter;
thence West 10 rods; thence South 8 rods; thence East 10 rods; thence North 8 rods to
the point of beginning and there terminating.
new text end
new text begin
(d) The land borders the Redeye River. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that the state's land
management interests would best be served if the land were returned to private ownership.
new text end
APPENDIX
Repealed Minnesota Statutes: 201-UES0047-2
119B.125 PROVIDER REQUIREMENTS.
Subd. 5.
Provisional payment.
After a county receives a completed application from a provider, the county may issue provisional authorization and payment to the provider during the time needed to determine whether to give final authorization to the provider.