1.1 	A bill for an act
1.2 	relating to mandates; eliminating unnecessary state mandates; simplifying and 
1.3 	repealing mandates on school districts; relieving counties of certain mandates; 
1.4 	modifying county payment of funeral expenses; modifying provisions related to 
1.5 	children's therapeutic services and supports; modifying certain nursing facility 
1.6 	rules; providing an alternative licensing method for day training and habilitation 
1.7 	services; accepting certain independent audits; modifying health care program 
1.8 	information that a school district or charter school must provide; eliminating 
1.9 	various unfunded mandates affecting local governmental units; removing, 
1.10 	extending, or modifying certain mandates upon local governmental units or 
1.11 	officials; eliminating truth-in-taxation hearing requirements and temporarily 
1.12 	suspending advertising requirements; modifying publication correction 
1.13 	requirements; increasing the property tax amount for which installment 
1.14 	payments may be made;amending Minnesota Statutes 2008, sections 6.80, 
1.15 	by adding a subdivision; 62Q.37, subdivision 3; 120B.11, subdivision 5; 
1.16 	122A.09, subdivision 7; 123B.10, subdivision 1; 123B.143, subdivision 1; 
1.17 	123B.71, subdivisions 1, 8, 12; 124D.10, subdivision 20; 124D.19, subdivision 
1.18 	3; 124D.68, subdivision 5; 125A.57, subdivision 2; 125A.61, subdivision 1; 
1.19 	126C.44; 144A.04, subdivision 11, by adding a subdivision; 144A.43, by adding 
1.20 	a subdivision; 144A.45, subdivision 1, by adding a subdivision; 157.22; 168.33, 
1.21 	subdivision 7; 211B.37; 245.4871, subdivision 10; 245.4885, subdivision 1a; 
1.22 	256.935; 256.962, subdivision 6; 256B.0943, subdivisions 4, 6, 9; 256F.13, 
1.23 	subdivision 1; 260C.212, subdivisions 4a, 11; 261.035; 275.065, subdivisions 
1.24 	1, 3, 5a, 6; 279.01, subdivision 1; 279.10; 306.243, by adding a subdivision; 
1.25 	326B.145; 344.18; 365.28; 375.12, subdivision 2; 375.194, subdivision 5; 
1.26 	382.265; 383A.75, subdivision 3; 384.151, subdivision 1a; 385.373, subdivision 
1.27 	1a; 386.015, subdivision 2; 387.13; 387.20, subdivisions 1, 2; 429.041, 
1.28 	subdivisions 1, 2; 465.719, subdivision 9; 469.015; 471.61, subdivision 1; 
1.29 	471.661; 473.13, subdivision 1; 473.862; 609.115, subdivision 1; proposing 
1.30 	coding for new law in Minnesota Statutes, chapters 14; 245B; repealing 
1.31 	Minnesota Statutes 2008, sections 120B.11, subdivisions 6, 7, 8; 120B.39; 
1.32 	121A.06; 122A.32; 122A.628; 122A.75; 123B.92, subdivision 5; 275.065, 
1.33 	subdivisions 6b, 6c, 8, 9, 10; 373.42; 384.151, subdivisions 1, 3; 385.373, 
1.34 	subdivisions 1, 3; 386.015, subdivisions 1, 4; 387.20, subdivision 4.
1.35 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	ARTICLE 1
2.2 	EDUCATION

2.3 	Section 1. Minnesota Statutes 2008, section 120B.11, subdivision 5, is amended to read:
2.4 		Subd. 5.Report. (a) By October 1 of each year, the school board shall use standard 
2.5 	statewide reporting procedures the commissioner develops and adopt a report that includes 
2.6 	the following:
2.7 	(1) student achievement goals for meeting state academic standards;
2.8 	(2) results of local assessment data, and any additional test data;
2.9 	(3) the annual school district improvement plans including staff development goals 
2.10 	under section 122A.60; 
2.11 	(4) information about district and learning site progress in realizing previously 
2.12 	adopted improvement plans; and
2.13 	(5) the amount and type of revenue attributed to each education site as defined 
2.14 	in section 123B.04.
2.15 	(b) The school board shall publish a summary of the report in the local newspaper 
2.16 	with the largest circulation in the district, by mail, or by electronic means such as the 
2.17 	district Web site. If electronic means are used, school districts must publish notice of the 
2.18 	report in a periodical of general circulation in the district. School districts must make 
2.19 	copies of the report available to the public on request. The board shall make a copy of the 
2.20 	report available to the public for inspection. The board shall send a copy of the report to 
2.21 	the commissioner of education by October 15 of each year.
2.22 	(c) The title of the report shall contain the name and number of the school district and 
2.23 	read "Annual Report on Curriculum, Instruction, and Student Achievement." The report 
2.24 	must include at least the following information about advisory committee membership:
2.25 	(1) the name of each committee member and the date when that member's term 
2.26 	expires;
2.27 	(2) the method and criteria the school board uses to select committee members; and
2.28 	(3) the date by which a community resident must apply to next serve on the 
2.29 	committee.

2.30 	Sec. 2. Minnesota Statutes 2008, section 122A.09, subdivision 7, is amended to read:
2.31 		Subd. 7.Commissioner's assistance; board money. The commissioner shall 
2.32 	provide all necessary materials and assistance for the transaction of the business of the 
2.33 	Board of Teaching and all moneys received by the Board of Teaching shall be paid into 
2.34 	the state treasury as provided by law. The expenses of administering sections 122A.01, 
3.1 	122A.05 to 122A.09, 122A.15, 122A.16, 122A.17, 122A.18, 122A.20, 122A.21, 122A.22, 
3.2 	122A.23, 122A.26, 122A.30, 122A.32,122A.40, 122A.41, 122A.42, 122A.45, 122A.49, 
3.3 	122A.52, 122A.53, 122A.54, 122A.55, 122A.56, 122A.57, and 122A.58 which are 
3.4 	incurred by the Board of Teaching shall be paid for from appropriations made to the 
3.5 	Board of Teaching.  

3.6 	Sec. 3. Minnesota Statutes 2008, section 123B.10, subdivision 1, is amended to read:
3.7 		Subdivision 1.Budgets; form of notification. (a) Every board must publish revenue 
3.8 	and expenditure budgets for the current year and the actual revenues, expenditures, fund 
3.9 	balances for the prior year and projected fund balances for the current year in a form 
3.10 	prescribed by the commissioner within one week of the acceptance of the final audit by 
3.11 	the board, or November 30, whichever is earlier. The forms prescribed must be designed 
3.12 	so that year to year comparisons of revenue, expenditures and fund balances can be made. 
3.13 	(b) A school board annually must notify the public of its revenue, expenditures, fund 
3.14 	balances, and other relevant budget information. The board must include the budget 
3.15 	information required by this section in the materials provided as a part of its truth in 
3.16 	taxation hearing, post the materials in a conspicuous place on the district's official Web 
3.17 	site, including a link to the district's school report card on the Department of Education's 
3.18 	Web site, and publish a summary of the information in a qualified newspaper of general 
3.19 	circulation in the district.

3.20 	Sec. 4. Minnesota Statutes 2008, section 123B.143, subdivision 1, is amended to read:
3.21 		Subdivision 1.Contract; duties. All districts maintaining a classified secondary 
3.22 	school must employ a superintendent who shall be an ex officio nonvoting member of the 
3.23 	school board. The authority for selection and employment of a superintendent must be 
3.24 	vested in the board in all cases. An individual employed by a board as a superintendent 
3.25 	shall have an initial employment contract for a period of time no longer than three years 
3.26 	from the date of employment. Any subsequent employment contract must not exceed a 
3.27 	period of three years. A board, at its discretion, may or may not renew an employment 
3.28 	contract. A board must not, by action or inaction, extend the duration of an existing 
3.29 	employment contract. Beginning 365 days prior to the expiration date of an existing 
3.30 	employment contract, a board may negotiate and enter into a subsequent employment 
3.31 	contract to take effect upon the expiration of the existing contract. A subsequent contract 
3.32 	must be contingent upon the employee completing the terms of an existing contract. If a 
3.33 	contract between a board and a superintendent is terminated prior to the date specified in 
3.34 	the contract, the board may not enter into another superintendent contract with that same 
4.1 	individual that has a term that extends beyond the date specified in the terminated contract. 
4.2 	A board may terminate a superintendent during the term of an employment contract for any 
4.3 	of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall 
4.4 	not rely upon an employment contract with a board to assert any other continuing contract 
4.5 	rights in the position of superintendent under section 122A.40. Notwithstanding the 
4.6 	provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law 
4.7 	to the contrary, no individual shall have a right to employment as a superintendent based 
4.8 	on order of employment in any district. If two or more districts enter into an agreement for 
4.9 	the purchase or sharing of the services of a superintendent, the contracting districts have 
4.10 	the absolute right to select one of the individuals employed to serve as superintendent 
4.11 	in one of the contracting districts and no individual has a right to employment as the 
4.12 	superintendent to provide all or part of the services based on order of employment in a 
4.13 	contracting district. The superintendent of a district shall perform the following: 
4.14 	(1) visit and supervise the schools in the district, report and make recommendations 
4.15 	about their condition when advisable or on request by the board;
4.16 	(2) recommend to the board employment and dismissal of teachers;
4.17 	(3) superintend school grading practices and examinations for promotions;
4.18 	(4) make reports required by the commissioner; and
4.19 	(5) by January 10, submit an annual report to the commissioner in a manner 
4.20 	prescribed by the commissioner, in consultation with school districts, identifying the 
4.21 	expenditures that the district requires to ensure an 80 percent student passage rate on 
4.22 	the MCA-IIs taken in the eighth grade, identifying the highest student passage rate the 
4.23 	district expects it will be able to attain on the MCA-IIs by grade 12, and the amount of 
4.24 	expenditures that the district requires to attain the targeted student passage rate; and
4.25 	(6) perform other duties prescribed by the board.

4.26 	Sec. 5. Minnesota Statutes 2008, section 123B.71, subdivision 1, is amended to read:
4.27 		Subdivision 1.Consultation. A school district shall consult with the commissioner 
4.28 	of education before developing any plans and specifications to construct, remodel, or 
4.29 	improve the building or site of an educational facility for which the estimated cost 
4.30 	exceeds $250,000 $500,000. This consultation shall occur before a referendum for bonds, 
4.31 	solicitation for bids, or use of capital expenditure facilities revenue according to section 
4.32 	126C.10, subdivision 14, clause (2). The commissioner may require the district to 
4.33 	participate in a management assistance plan before conducting a review and comment 
4.34 	on the project. 

5.1 	Sec. 6. Minnesota Statutes 2008, section 123B.71, subdivision 8, is amended to read:
5.2 		Subd. 8.Review and comment. A school district, a special education cooperative, 
5.3 	or a cooperative unit of government, as defined in section 123A.24, subdivision 2, 
5.4 	must not initiate an installment contract for purchase or a lease agreement, hold a 
5.5 	referendum for bonds, nor solicit bids for new construction, expansion, or remodeling of 
5.6 	an educational facility that requires an expenditure in excess of $500,000 per school site if 
5.7 	it has a capital loan outstanding, or $1,400,000 per school site if it does not have a capital 
5.8 	loan outstanding, prior to review and comment by the commissioner. The commissioner 
5.9 	may exempt a facility maintenance project funded with general education aid and levy, 
5.10 	alternative facilities bonding and levy program, or health and safety revenue from this 
5.11 	provision after reviewing a written request from a school district describing the scope of 
5.12 	work. A school board shall not separate portions of a single project into components to 
5.13 	avoid the requirements of this subdivision.

5.14 	Sec. 7. Minnesota Statutes 2008, section 123B.71, subdivision 12, is amended to read:
5.15 		Subd. 12.Publication. (a) At least 20 days but not more than 60 days before a 
5.16 	referendum for bonds or solicitation of bids for a project that has received a positive or 
5.17 	unfavorable review and comment under section 123B.70, the school board shall publish a 
5.18 	summary of the commissioner's review and comment of that project in the legal newspaper 
5.19 	of the district. Supplementary information shall be available to the public.
5.20 	(b) The publication requirement in paragraph (a) does not apply to alternative 
5.21 	facilities projects approved under section 123B.59. Publication for alternative facilities 
5.22 	projects shall be as specified in section 123B.59, subdivisions 3 and 3a.

5.23 	Sec. 8. Minnesota Statutes 2008, section 124D.10, subdivision 20, is amended to read:
5.24 		Subd. 20.Leave to teach in a charter school. If a teacher employed by a district 
5.25 	makes a written request for an extended leave of absence to teach at a charter school, the 
5.26 	district must grant the leave. The district must grant a leave not to exceed a total of five 
5.27 	years. Any request to extend the leave shall be granted only at the discretion of the school 
5.28 	board. The district may require that the request for a leave or extension of leave be made 
5.29 	up to 90 days before the teacher would otherwise have to report for duty before February 1 
5.30 	in the school year preceding the school year in which the teacher wishes to begin the leave, 
5.31 	or February 1 of the calendar year in which the leave is scheduled to terminate. Except 
5.32 	as otherwise provided in this subdivision and except for section 122A.46, subdivision 7, 
5.33 	the leave is governed by section 122A.46, including, but not limited to, reinstatement, 
5.34 	notice of intention to return, seniority, salary, and insurance. 
6.1 	During a leave, the teacher may continue to aggregate benefits and credits in the 
6.2 	Teachers' Retirement Association account by paying both the employer and employee 
6.3 	contributions based upon the annual salary of the teacher for the last full pay period before 
6.4 	the leave began. The retirement association may impose reasonable requirements to 
6.5 	efficiently administer this subdivision.

6.6 	Sec. 9. Minnesota Statutes 2008, section 124D.19, subdivision 3, is amended to read:
6.7 		Subd. 3.Community education director. (a) Except as provided under paragraphs 
6.8 	(b) and (c), each board shall employ a licensed community education director. The board 
6.9 	shall submit the name of the person who is serving as director of community education 
6.10 	under this section on the district's annual community education report to the commissioner.
6.11 	(b) A board may apply to the Minnesota Board of School Administrators under 
6.12 	Minnesota Rules, part 3512.3500, subpart 9, for authority to use an individual who is not 
6.13 	licensed as a community education director.
6.14 	(c) A board of a district with a total population of 2,000 4,000 or less may identify 
6.15 	an employee who holds a valid Minnesota teacher, principal,  or superintendent license 
6.16 	under Minnesota Rules, chapter 3512, to serve as director of community education. To 
6.17 	be eligible for an exception under this paragraph, the board shall certify in writing to the 
6.18 	commissioner that the district has not placed a licensed director of community education 
6.19 	on unrequested leave.

6.20 	Sec. 10. Minnesota Statutes 2008, section 124D.68, subdivision 5, is amended to read:
6.21 		Subd. 5.Pupil enrollment.  (a) Any eligible pupil may apply to enroll in an eligible 
6.22 	program. Approval of the resident district is not required for:
6.23 	(1) an eligible pupil to enroll in any eligible program in a nonresident district under 
6.24 	subdivision 3 or 4 or an area learning center established under section 123A.05; or  
6.25 	(2) an eligible pupil under subdivision 2, to enroll in an adult basic education 
6.26 	program approved under section 124D.52.  
6.27 	(b) Notwithstanding paragraph (a), a nonresident district must first approve the 
6.28 	enrollment application of any eligible pupil who was expelled under section 121A.45 for a 
6.29 	reason stated in section 124D.03, subdivision 1, paragraph (b). 

6.30 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
6.31 	later.

6.32 	Sec. 11. Minnesota Statutes 2008, section 125A.57, subdivision 2, is amended to read:
7.1 		Subd. 2.Assistive technology device. "Assistive technology device" means any 
7.2 	item, piece of equipment, software, or product system, whether acquired commercially 
7.3 	off the shelf, modified, or customized, that is used to increase, maintain, or improve 
7.4 	functional capabilities of children with disabilities a child with a disability.  It does not 
7.5 	mean a medical device that is surgically implanted, or replacement of the device.

7.6 	Sec. 12. Minnesota Statutes 2008, section 125A.61, subdivision 1, is amended to read:
7.7 		Subdivision 1.State schools at Faribault. The Minnesota State Academy for the 
7.8 	Deaf and the Minnesota State Academy for the Blind are residential schools in Faribault. 
7.9 	They are public schools under sections 122A.15,and 122A.16, and 122A.32 and state 
7.10 	educational institutions.  

7.11 	Sec. 13. Minnesota Statutes 2008, section 126C.44, is amended to read:
7.12 	126C.44 SAFE SCHOOLS LEVY.
7.13 	(a) Each district may make a levy on all taxable property located within the district 
7.14 	for the purposes specified in this section. The maximum amount which may be levied 
7.15 	for all costs under this section shall be equal to $30 multiplied by the district's adjusted 
7.16 	marginal cost pupil units for the school year. The proceeds of the levy must be reserved and 
7.17 	used for directly funding the following purposes or for reimbursing the cities and counties 
7.18 	who contract with the district for the following purposes: (1) to pay the costs incurred for 
7.19 	the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in 
7.20 	services in the district's schools; (2) to pay the costs for a drug abuse prevention program 
7.21 	as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools; 
7.22 	(3) to pay the costs for a gang resistance education training curriculum in the district's 
7.23 	schools; (4) to pay the costs for security in the district's schools and on school property; (5) 
7.24 	to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary 
7.25 	opt-in suicide prevention tools, and violence prevention measures taken by the school 
7.26 	district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed 
7.27 	school social workers, licensed school psychologists, and licensed alcohol and chemical 
7.28 	dependency counselors to help provide early responses to problems. For expenditures 
7.29 	under clause (1), the district must initially attempt to contract for services to be provided 
7.30 	by peace officers or sheriffs with the police department of each city or the sheriff's 
7.31 	department of the county within the district containing the school receiving the services. If 
7.32 	a local police department or a county sheriff's department does not wish to provide the 
7.33 	necessary services, the district may contract for these services with any other police or 
7.34 	sheriff's department located entirely or partially within the school district's boundaries. 
8.1 	(b) A school district that is a member of an intermediate school district may 
8.2 	include in its authority under this section the costs associated with safe schools activities 
8.3 	authorized under paragraph (a) for intermediate school district programs. This authority 
8.4 	must not exceed $10 times the adjusted marginal cost pupil units of the member districts. 
8.5 	This authority is in addition to any other authority authorized under this section. Revenue 
8.6 	raised under this paragraph must be transferred to the intermediate school district.
8.7 	(c) A school district must set aside at least $3 per adjusted marginal cost pupil unit 
8.8 	of the safe schools levy proceeds for the purposes authorized under paragraph (a), clause 
8.9 	(6). The district must annually certify that its total spending on services provided by the 
8.10 	employees listed in paragraph (a), clause (6), is not less than the sum of its expenditures 
8.11 	for these purposes, excluding amounts spent under this section, in the previous year plus 
8.12 	the amount spent under this section.

8.13 	Sec. 14.  REPEALER.
 8.14 	Minnesota Statutes 2008, sections 120B.11, subdivisions 6, 7, and 8; 120B.39; 
8.15 	121A.06; 122A.32; 122A.628; 122A.75; and 123B.92, subdivision 5, are repealed the 
8.16 	day following final enactment.

8.17 	ARTICLE 2
8.18 	HUMAN SERVICES

8.19 	Section 1. Minnesota Statutes 2008, section 157.22, is amended to read:
8.20 	157.22 EXEMPTIONS.
8.21 	This chapter shall not be construed to apply to:
8.22 	(1) interstate carriers under the supervision of the United States Department of 
8.23 	Health and Human Services;
8.24 	(2) any building constructed and primarily used for religious worship;
8.25 	(3) any building owned, operated, and used by a college or university in accordance 
8.26 	with health regulations promulgated by the college or university under chapter 14;
8.27 	(4) any person, firm, or corporation whose principal mode of business is licensed 
8.28 	under sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food 
8.29 	or beverage establishment; provided that the holding of any license pursuant to sections 
8.30 	28A.04 and 28A.05 shall not exempt any person, firm, or corporation from the applicable 
8.31 	provisions of this chapter or the rules of the state commissioner of health relating to 
8.32 	food and beverage service establishments;
8.33 	(5) family day care homes and group family day care homes governed by sections 
8.34 	245A.01 to 245A.16;
9.1 	(6) nonprofit senior citizen centers for the sale of home-baked goods;
9.2 	(7) fraternal or patriotic organizations that are tax exempt under section 501(c)(3), 
9.3 	501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal Revenue Code of 
9.4 	1986, or organizations related to or affiliated with such fraternal or patriotic organizations. 
9.5 	Such organizations may organize events at which home-prepared food is donated by 
9.6 	organization members for sale at the events, provided:
9.7 	(i) the event is not a circus, carnival, or fair;
9.8 	(ii) the organization controls the admission of persons to the event, the event agenda, 
9.9 	or both; and
9.10 	(iii) the organization's licensed kitchen is not used in any manner for the event;
9.11 	(8) food not prepared at an establishment and brought in by individuals attending a 
9.12 	potluck event for consumption at the potluck event. An organization sponsoring a potluck 
9.13 	event under this clause may advertise the potluck event to the public through any means. 
9.14 	Individuals who are not members of an organization sponsoring a potluck event under this 
9.15 	clause may attend the potluck event and consume the food at the event. Licensed food 
9.16 	establishments other than schools cannot be sponsors of potluck events. A school may 
9.17 	sponsor and hold potluck events in areas of the school other than the school's kitchen, 
9.18 	provided that the school's kitchen is not used in any manner for the potluck event. For 
9.19 	purposes of this clause, "school" means a public school as defined in section 120A.05, 
9.20 	subdivisions 9, 11, 13, and 17, or a nonpublic school, church, or religious organization 
9.21 	at which a child is provided with instruction in compliance with sections 120A.22 and 
9.22 	120A.24. Potluck event food shall not be brought into a licensed food establishment 
9.23 	kitchen; and
9.24 	(9) a home school in which a child is provided instruction at home; and
9.25 	(10) group residential facilities of ten or fewer beds licensed by the commissioner of 
9.26 	human services under Minnesota Rules, chapter 2960, provided the facility employs or 
9.27 	contracts with a certified food manager under Minnesota Rules, part 4626.2015.

9.28 	Sec. 2. Minnesota Statutes 2008, section 245.4871, subdivision 10, is amended to read:
9.29 		Subd. 10.Day treatment services. "Day treatment," "day treatment services," or 
9.30 	"day treatment program" means a structured program of treatment and care provided to a 
9.31 	child in:
9.32 	(1) an outpatient hospital accredited by the Joint Commission on Accreditation of 
9.33 	Health Organizations and licensed under sections 144.50 to 144.55;
9.34 	(2) a community mental health center under section 245.62;
10.1 	(3) an entity that is under contract with the county board to operate a program that 
10.2 	meets the requirements of section 245.4884, subdivision 2, and Minnesota Rules, parts 
10.3 	9505.0170 to 9505.0475; or
10.4 	(4) an entity that operates a program that meets the requirements of section 
10.5 	245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475, that is 
10.6 	under contract with an entity that is under contract with a county board.
10.7 	Day treatment consists of group psychotherapy and other intensive therapeutic 
10.8 	services that are provided for a minimum three-hour two-hour time block by a 
10.9 	multidisciplinary staff under the clinical supervision of a mental health professional. 
10.10 	Day treatment may include education and consultation provided to families and 
10.11 	other individuals as an extension of the treatment process. The services are aimed at 
10.12 	stabilizing the child's mental health status, and developing and improving the child's daily 
10.13 	independent living and socialization skills. Day treatment services are distinguished from 
10.14 	day care by their structured therapeutic program of psychotherapy services. Day treatment 
10.15 	services are not a part of inpatient hospital or residential treatment services. Day treatment 
10.16 	services for a child are an integrated set of education, therapy, and family interventions.
10.17 	A day treatment service must be available to a child at least five days a week
10.18 	throughout the year and must be coordinated with, integrated with, or part of an education 
10.19 	program offered by the child's school.

10.20 	Sec. 3. Minnesota Statutes 2008, section 245.4885, subdivision 1a, is amended to read:
10.21 		Subd. 1a.Emergency admission. Effective July 1, 2006, if a child is admitted to 
10.22 	a treatment foster care setting, residential treatment facility, or acute care hospital for 
10.23 	emergency treatment or held for emergency care by a regional treatment center under 
10.24 	section 253B.05, subdivision 1, the level of care determination must occur within three
10.25 	five  working days of admission.

10.26 	Sec. 4. Minnesota Statutes 2008, section 256.935, is amended to read:
10.27 	256.935 CREMATION AND FUNERAL EXPENSES, PAYMENT BY 
10.28 	COUNTY AGENCY.
10.29 		Subdivision 1.Funeral expenses. On the death of any person receiving public 
10.30 	assistance through MFIP, the county agency shall attempt to contact the decedent's spouse 
10.31 	or next of kin. If the agency is not able to contact a spouse or next of kin, the agency shall 
10.32 	pay for cremation of the person's remains. If the county agency contacts the decedent's 
10.33 	spouse or next of kin and it is determined that cremation is not in accordance with the 
10.34 	religious and moral beliefs of the decedent or the decedent's spouse or the decedent's 
11.1 	next of kin, the county agency shall pay an amount for funeral expenses not exceeding 
11.2 	the amount paid for comparable services under section 261.035 plus actual cemetery 
11.3 	charges. No cremation or funeral expenses shall be paid if the estate of the deceased is 
11.4 	sufficient to pay such expenses or if the spouse, who was legally responsible for the 
11.5 	support of the deceased while living, is able to pay such expenses; provided, that the 
11.6 	additional payment or donation of the cost of cemetery lot, interment, religious service, 
11.7 	or for the transportation of the body into or out of the community in which the deceased 
11.8 	resided, shall not limit payment by the county agency as herein authorized. Freedom of 
11.9 	choice in the selection of a funeral director shall be granted to persons lawfully authorized 
11.10 	to make arrangements for the burial of any such deceased recipient. In determining the 
11.11 	sufficiency of such estate, due regard shall be had for the nature and marketability of the 
11.12 	assets of the estate. The county agency may grant cremation or funeral expenses where 
11.13 	the sale would cause undue loss to the estate. Any amount paid for cremation or funeral 
11.14 	expenses shall be a prior claim against the estate, as provided in section 524.3-805, and 
11.15 	any amount recovered shall be reimbursed to the agency which paid the expenses. The 
11.16 	commissioner shall specify requirements for reports, including fiscal reports, according 
11.17 	to section 256.01, subdivision 2, paragraph (17) (q). The state share shall pay the entire 
11.18 	amount of county agency expenditures. Benefits shall be issued to recipients by the state 
11.19 	or county subject to provisions of section 256.017.

11.20 	Sec. 5. Minnesota Statutes 2008, section 256B.0943, subdivision 4, is amended to read:
11.21 		Subd. 4.Provider entity certification. (a) Effective July 1, 2003, the commissioner 
11.22 	shall establish an initial provider entity application and certification process and 
11.23 	recertification process to determine whether a provider entity has an administrative 
11.24 	and clinical infrastructure that meets the requirements in subdivisions 5 and 6. The 
11.25 	commissioner shall recertify a provider entity at least every three years. The commissioner 
11.26 	shall establish a process for decertification of a provider entity that no longer meets the 
11.27 	requirements in this section. The county, tribe, and the commissioner shall be mutually 
11.28 	responsible and accountable for the county's, tribe's, and state's part of the certification, 
11.29 	recertification, and decertification processes.
11.30 	(b) For purposes of this section, a provider entity must be:
11.31 	(1) an Indian health services facility or a facility owned and operated by a tribe or 
11.32 	tribal organization operating as a 638 facility under Public Law 93-638 certified by the 
11.33 	state;
11.34 	(2) a county-operated entity certified by the state; or
12.1 	(3) a noncounty entity recommended for certification by the provider's host county 
12.2 	and certified by the state.

12.3 	Sec. 6. Minnesota Statutes 2008, section 256B.0943, subdivision 6, is amended to read:
12.4 		Subd. 6.Provider entity clinical infrastructure requirements. (a) To be 
12.5 	an eligible provider entity under this section, a provider entity must have a clinical 
12.6 	infrastructure that utilizes diagnostic assessment, an individualized treatment plan, 
12.7 	service delivery, and individual treatment plan review that are culturally competent, 
12.8 	child-centered, and family-driven to achieve maximum benefit for the client. The provider 
12.9 	entity must review, and update as necessary, the clinical policies and procedures every 
12.10 	three years and must distribute the policies and procedures to staff initially and upon 
12.11 	each subsequent update.
12.12 	(b) The clinical infrastructure written policies and procedures must include policies 
12.13 	and procedures for:
12.14 	(1) providing or obtaining a client's diagnostic assessment that identifies acute and 
12.15 	chronic clinical disorders, co-occurring medical conditions, sources of psychological 
12.16 	and environmental problems, and including a functional assessment. The functional 
12.17 	assessment component must clearly summarize the client's individual strengths and needs;
12.18 	(2) developing an individual treatment plan that is:
12.19 	(i) based on the information in the client's diagnostic assessment;
12.20 	(ii) developed no later than the end of the first psychotherapy session after the 
12.21 	completion of the client's diagnostic assessment by the mental health professional who 
12.22 	provides the client's psychotherapy;
12.23 	(iii) developed through a child-centered, family-driven planning process that 
12.24 	identifies service needs and individualized, planned, and culturally appropriate 
12.25 	interventions that contain specific treatment goals and objectives for the client and the 
12.26 	client's family or foster family;
12.27 	(iv) reviewed at least once every 90 days and revised, if necessary; and
12.28 	(v) signed by the client or, if appropriate, by the client's parent or other person 
12.29 	authorized by statute to consent to mental health services for the client;
12.30 	(3) developing an individual behavior plan that documents services to be provided 
12.31 	by the mental health behavioral aide. The individual behavior plan must include:
12.32 	(i) detailed instructions on the service to be provided;
12.33 	(ii) time allocated to each service;
12.34 	(iii) methods of documenting the child's behavior;
12.35 	(iv) methods of monitoring the child's progress in reaching objectives; and
13.1 	(v) goals to increase or decrease targeted behavior as identified in the individual 
13.2 	treatment plan;
13.3 	(4) clinical supervision of the mental health practitioner and mental health behavioral 
13.4 	aide. A mental health professional must document the clinical supervision the professional 
13.5 	provides by cosigning individual treatment plans and making entries in the client's record 
13.6 	on supervisory activities. Clinical supervision does not include the authority to make or 
13.7 	terminate court-ordered placements of the child. A clinical supervisor must be available 
13.8 	for urgent consultation as required by the individual client's needs or the situation. Clinical 
13.9 	supervision may occur individually or in a small group to discuss treatment and review 
13.10 	progress toward goals. The focus of clinical supervision must be the client's treatment 
13.11 	needs and progress and the mental health practitioner's or behavioral aide's ability to 
13.12 	provide services;
13.13 	(4a) CTSS certified provider entities providing day treatment programs must meet 
13.14 	the conditions in items (i) to (iii):
13.15 	(i) the supervisor must be present and available on the premises more than 50 
13.16 	percent of the time in a five-working-day period during which the supervisee is providing 
13.17 	a mental health service;
13.18 	(ii) the diagnosis and the client's individual treatment plan or a change in the 
13.19 	diagnosis or individual treatment plan must be made by or reviewed, approved, and signed 
13.20 	by the supervisor; and
13.21 	(iii) every 30 days, the supervisor must review and sign the record of indicating the 
13.22 	supervisor has reviewed the client's care for all activities in the preceding 30-day period;
13.23 	(4b) for all other services provided under CTSS, clinical supervision standards 
13.24 	provided in items (i) to (iii) must be used:
13.25 	(i) medical assistance shall reimburse a mental health practitioner who maintains a 
13.26 	consulting relationship with a mental health professional who accepts full professional 
13.27 	responsibility and is present on site for at least one observation during the first 12 hours 
13.28 	in which the mental health practitioner provides the individual, family, or group skills 
13.29 	training to the child or the child's family;
13.30 	(ii) thereafter, the mental health professional is required to be present on site for 
13.31 	observation as clinically appropriate when the mental health practitioner is providing 
13.32 	individual, family, or group skills training to the child or the child's family; and
13.33 	(iii) when conducted, the observation must be a minimum of one clinical unit. The 
13.34 	on-site presence of the mental health professional must be documented in the child's record 
13.35 	and signed by the mental health professional who accepts full professional responsibility;
14.1 	(5) providing direction to a mental health behavioral aide. For entities that employ 
14.2 	mental health behavioral aides, the clinical supervisor must be employed by the provider 
14.3 	entity or other certified children's therapeutic supports and services provider entity to 
14.4 	ensure necessary and appropriate oversight for the client's treatment and continuity 
14.5 	of care. The mental health professional or mental health practitioner giving direction 
14.6 	must begin with the goals on the individualized treatment plan, and instruct the mental 
14.7 	health behavioral aide on how to construct therapeutic activities and interventions that 
14.8 	will lead to goal attainment. The professional or practitioner giving direction must also 
14.9 	instruct the mental health behavioral aide about the client's diagnosis, functional status, 
14.10 	and other characteristics that are likely to affect service delivery. Direction must also 
14.11 	include determining that the mental health behavioral aide has the skills to interact with 
14.12 	the client and the client's family in ways that convey personal and cultural respect and 
14.13 	that the aide actively solicits information relevant to treatment from the family. The aide 
14.14 	must be able to clearly explain the activities the aide is doing with the client and the 
14.15 	activities' relationship to treatment goals. Direction is more didactic than is supervision 
14.16 	and requires the professional or practitioner providing it to continuously evaluate the 
14.17 	mental health behavioral aide's ability to carry out the activities of the individualized 
14.18 	treatment plan and the individualized behavior plan. When providing direction, the 
14.19 	professional or practitioner must:
14.20 	(i) review progress notes prepared by the mental health behavioral aide for accuracy 
14.21 	and consistency with diagnostic assessment, treatment plan, and behavior goals and the 
14.22 	professional or practitioner must approve and sign the progress notes;
14.23 	(ii) identify changes in treatment strategies, revise the individual behavior plan, 
14.24 	and communicate treatment instructions and methodologies as appropriate to ensure 
14.25 	that treatment is implemented correctly;
14.26 	(iii) demonstrate family-friendly behaviors that support healthy collaboration among 
14.27 	the child, the child's family, and providers as treatment is planned and implemented;
14.28 	(iv) ensure that the mental health behavioral aide is able to effectively communicate 
14.29 	with the child, the child's family, and the provider; and
14.30 	(v) record the results of any evaluation and corrective actions taken to modify the 
14.31 	work of the mental health behavioral aide;
14.32 	(6) providing service delivery that implements the individual treatment plan and 
14.33 	meets the requirements under subdivision 9; and
14.34 	(7) individual treatment plan review. The review must determine the extent to which 
14.35 	the services have met the goals and objectives in the previous treatment plan. The review 
14.36 	must assess the client's progress and ensure that services and treatment goals continue to 
15.1 	be necessary and appropriate to the client and the client's family or foster family. Revision 
15.2 	of the individual treatment plan does not require a new diagnostic assessment unless the 
15.3 	client's mental health status has changed markedly. The updated treatment plan must be 
15.4 	signed by the client, if appropriate, and by the client's parent or other person authorized by 
15.5 	statute to give consent to the mental health services for the child.

15.6 	Sec. 7. Minnesota Statutes 2008, section 256B.0943, subdivision 9, is amended to read:
15.7 		Subd. 9.Service delivery criteria. (a) In delivering services under this section, a 
15.8 	certified provider entity must ensure that:
15.9 	(1) each individual provider's caseload size permits the provider to deliver services 
15.10 	to both clients with severe, complex needs and clients with less intensive needs. The 
15.11 	provider's caseload size should reasonably enable the provider to play an active role in 
15.12 	service planning, monitoring, and delivering services to meet the client's and client's 
15.13 	family's needs, as specified in each client's individual treatment plan;
15.14 	(2) site-based programs, including day treatment and preschool programs, provide 
15.15 	staffing and facilities to ensure the client's health, safety, and protection of rights, and that 
15.16 	the programs are able to implement each client's individual treatment plan;
15.17 	(3) a day treatment program is provided to a group of clients by a multidisciplinary 
15.18 	team under the clinical supervision of a mental health professional. The day treatment 
15.19 	program must be provided in and by: (i) an outpatient hospital accredited by the Joint 
15.20 	Commission on Accreditation of Health Organizations and licensed under sections 
15.21 	144.50 to 144.55; (ii) a community mental health center under section 245.62; and (iii) 
15.22 	an entity that is under contract with the county board to operate a program that meets 
15.23 	the requirements of sections 245.4712, subdivision 2, and 245.4884, subdivision 2, 
15.24 	and Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must 
15.25 	stabilize the client's mental health status while developing and improving the client's 
15.26 	independent living and socialization skills. The goal of the day treatment program must 
15.27 	be to reduce or relieve the effects of mental illness and provide training to enable the 
15.28 	client to live in the community. The program must be available at least one day a week 
15.29 	for a three-hour two-hour time block. The three-hour two-hour time block must include 
15.30 	at least one hour, but no more than two hours, of individual or group psychotherapy. 
15.31 	The remainder of the three-hour time block may include recreation therapy, socialization 
15.32 	therapy, or independent living skills therapy, but only if the therapies are included in the 
15.33 	client's individual treatment plan The structured treatment program may include individual 
15.34 	or group psychotherapy and recreation therapy, socialization therapy, or independent 
16.1 	living skills therapy, if included in the client's individual treatment plan. Day treatment 
16.2 	programs are not part of inpatient or residential treatment services; and 
16.3 	(4) a preschool program is a structured treatment program offered to a child who 
16.4 	is at least 33 months old, but who has not yet reached the first day of kindergarten, by a 
16.5 	preschool multidisciplinary team in a day program licensed under Minnesota Rules, parts 
16.6 	9503.0005 to 9503.0175. The program must be available at least one day a week for a 
16.7 	minimum two-hour time block. The structured treatment program may include individual 
16.8 	or group psychotherapy and recreation therapy, socialization therapy, or independent 
16.9 	living skills therapy, if included in the client's individual treatment plan.
16.10 	(b) A provider entity must deliver the service components of children's therapeutic 
16.11 	services and supports in compliance with the following requirements:
16.12 	(1) individual, family, and group psychotherapy must be delivered as specified in 
16.13 	Minnesota Rules, part 9505.0323;
16.14 	(2) individual, family, or group skills training must be provided by a mental health 
16.15 	professional or a mental health practitioner who has a consulting relationship with a 
16.16 	mental health professional who accepts full professional responsibility for the training;
16.17 	(3) crisis assistance must be time-limited and designed to resolve or stabilize crisis 
16.18 	through arrangements for direct intervention and support services to the child and the 
16.19 	child's family. Crisis assistance must utilize resources designed to address abrupt or 
16.20 	substantial changes in the functioning of the child or the child's family as evidenced by 
16.21 	a sudden change in behavior with negative consequences for well being, a loss of usual 
16.22 	coping mechanisms, or the presentation of danger to self or others;
16.23 	(4) medically necessary services that are provided by a mental health behavioral 
16.24 	aide must be designed to improve the functioning of the child and support the family in 
16.25 	activities of daily and community living. A mental health behavioral aide must document 
16.26 	the delivery of services in written progress notes. The mental health behavioral aide 
16.27 	must implement goals in the treatment plan for the child's emotional disturbance that 
16.28 	allow the child to acquire developmentally and therapeutically appropriate daily living 
16.29 	skills, social skills, and leisure and recreational skills through targeted activities. These 
16.30 	activities may include:
16.31 	(i) assisting a child as needed with skills development in dressing, eating, and 
16.32 	toileting;
16.33 	(ii) assisting, monitoring, and guiding the child to complete tasks, including 
16.34 	facilitating the child's participation in medical appointments;
16.35 	(iii) observing the child and intervening to redirect the child's inappropriate behavior;
17.1 	(iv) assisting the child in using age-appropriate self-management skills as related 
17.2 	to the child's emotional disorder or mental illness, including problem solving, decision 
17.3 	making, communication, conflict resolution, anger management, social skills, and 
17.4 	recreational skills;
17.5 	(v) implementing deescalation techniques as recommended by the mental health 
17.6 	professional;
17.7 	(vi) implementing any other mental health service that the mental health professional 
17.8 	has approved as being within the scope of the behavioral aide's duties; or
17.9 	(vii) assisting the parents to develop and use parenting skills that help the child 
17.10 	achieve the goals outlined in the child's individual treatment plan or individual behavioral 
17.11 	plan. Parenting skills must be directed exclusively to the child's treatment; and
17.12 	(5) direction of a mental health behavioral aide must include the following:
17.13 	(i) a total of one hour of on-site observation by a mental health professional during 
17.14 	the first 12 hours of service provided to a child;
17.15 	(ii) ongoing on-site observation by a mental health professional or mental health 
17.16 	practitioner for at least a total of one hour during every 40 hours of service provided 
17.17 	to a child; and
17.18 	(iii) immediate accessibility of the mental health professional or mental health 
17.19 	practitioner to the mental health behavioral aide during service provision.

17.20 	Sec. 8. Minnesota Statutes 2008, section 256F.13, subdivision 1, is amended to read:
17.21 		Subdivision 1.Federal revenue enhancement. (a) The commissioner of human 
17.22 	services may enter into an agreement with one or more family services collaboratives 
17.23 	to enhance federal reimbursement under title IV-E of the Social Security Act and 
17.24 	federal administrative reimbursement under title XIX of the Social Security Act. The 
17.25 	commissioner may contract with the Department of Education for purposes of transferring 
17.26 	the federal reimbursement to the commissioner of education to be distributed to the 
17.27 	collaboratives according to clause (2). The commissioner shall have the following 
17.28 	authority and responsibilities regarding family services collaboratives:
17.29 	(1) the commissioner shall submit amendments to state plans and seek waivers as 
17.30 	necessary to implement the provisions of this section;
17.31 	(2) the commissioner shall pay the federal reimbursement earned under this 
17.32 	subdivision to each collaborative based on their earnings. Payments to collaboratives for 
17.33 	expenditures under this subdivision will only be made of federal earnings from services 
17.34 	provided by the collaborative;
18.1 	(3) the commissioner shall review expenditures of family services collaboratives 
18.2 	using reports specified in the agreement with the collaborative to ensure that the base level 
18.3 	of expenditures is continued and new federal reimbursement is used to expand education, 
18.4 	social, health, or health-related services to young children and their families;
18.5 	(4) the commissioner may reduce, suspend, or eliminate a family services 
18.6 	collaborative's obligations to continue the base level of expenditures or expansion of 
18.7 	services if the commissioner determines that one or more of the following conditions 
18.8 	apply:
18.9 	(i) imposition of levy limits that significantly reduce available funds for social, 
18.10 	health, or health-related services to families and children;
18.11 	(ii) reduction in the net tax capacity of the taxable property eligible to be taxed by 
18.12 	the lead county or subcontractor that significantly reduces available funds for education, 
18.13 	social, health, or health-related services to families and children;
18.14 	(iii) reduction in the number of children under age 19 in the county, collaborative 
18.15 	service delivery area, subcontractor's district, or catchment area when compared to the 
18.16 	number in the base year using the most recent data provided by the State Demographer's 
18.17 	Office; or
18.18 	(iv) termination of the federal revenue earned under the family services collaborative 
18.19 	agreement;
18.20 	(5) the commissioner shall not use the federal reimbursement earned under this 
18.21 	subdivision in determining the allocation or distribution of other funds to counties or 
18.22 	collaboratives;
18.23 	(6) the commissioner may suspend, reduce, or terminate the federal reimbursement 
18.24 	to a provider that does not meet the reporting or other requirements of this subdivision;
18.25 	(7) the commissioner shall recover from the family services collaborative any federal 
18.26 	fiscal disallowances or sanctions for audit exceptions directly attributable to the family 
18.27 	services collaborative's actions in the integrated fund, or the proportional share if federal 
18.28 	fiscal disallowances or sanctions are based on a statewide random sample; and
18.29 	(8) the commissioner shall establish criteria for the family services collaborative 
18.30 	for the accounting and financial management system that will support claims for federal 
18.31 	reimbursement.
18.32 	(b) The family services collaborative shall have the following authority and 
18.33 	responsibilities regarding federal revenue enhancement:
18.34 	(1) the family services collaborative shall be the party with which the commissioner 
18.35 	contracts. A lead county shall be designated as the fiscal agency for reporting, claiming, 
18.36 	and receiving payments;
19.1 	(2) the family services collaboratives may enter into subcontracts with other 
19.2 	counties, school districts, special education cooperatives, municipalities, and other public 
19.3 	and nonprofit entities for purposes of identifying and claiming eligible expenditures to 
19.4 	enhance federal reimbursement, or to expand education, social, health, or health-related 
19.5 	services to families and children;
19.6 	(3) the family services collaborative must continue the base level of expenditures for 
19.7 	education, social, health, or health-related services to families and children from any state, 
19.8 	county, federal, or other public or private funding source which, in the absence of the new 
19.9 	federal reimbursement earned under this subdivision, would have been available for those 
19.10 	services, except as provided in paragraph (a), clause (4). The base year for purposes of this 
19.11 	subdivision shall be the four-quarter calendar year ending at least two calendar quarters 
19.12 	before the first calendar quarter in which the new federal reimbursement is earned;
19.13 	(4) the family services collaborative must use all new federal reimbursement 
19.14 	resulting from federal revenue enhancement to expand expenditures for education, social, 
19.15 	health, or health-related services to families and children beyond the base level, except 
19.16 	as provided in paragraph (a), clause (4);
19.17 	(5) (4) the family services collaborative must ensure that expenditures submitted 
19.18 	for federal reimbursement are not made from federal funds or funds used to match other 
19.19 	federal funds. Notwithstanding section 256B.19, subdivision 1, for the purposes of family 
19.20 	services collaborative expenditures under agreement with the department, the nonfederal 
19.21 	share of costs shall be provided by the family services collaborative from sources other 
19.22 	than federal funds or funds used to match other federal funds;
19.23 	(6) (5) the family services collaborative must develop and maintain an accounting 
19.24 	and financial management system adequate to support all claims for federal reimbursement, 
19.25 	including a clear audit trail and any provisions specified in the agreement; and
19.26 	(7) (6) the family services collaborative shall submit an annual report to the 
19.27 	commissioner as specified in the agreement.

19.28 	Sec. 9. Minnesota Statutes 2008, section 260C.212, subdivision 4a, is amended to read:
19.29 		Subd. 4a.Monthly caseworker visits. (a) Every child in foster care or on a trial 
19.30 	home visit shall be visited by the child's caseworker on a monthly basis, with the majority 
19.31 	of visits occurring in the child's residence. For the purposes of this section, the following 
19.32 	definitions apply:
19.33 	(1) "visit" is defined as a face-to-face contact between a child and the child's 
19.34 	caseworker;
19.35 	(2) "visited on a monthly basis" is defined as at least one visit per calendar month;
20.1 	(3) "the child's caseworker" is defined as the person who has responsibility for 
20.2 	managing the child's foster care placement case or another person who has responsibility 
20.3 	for visitation of the child, as assigned by the responsible social service agency; and
20.4 	(4) "the child's residence" is defined as the home where the child is residing, and 
20.5 	can include the foster home, child care institution, or the home from which the child was 
20.6 	removed if the child is on a trial home visit.
20.7 	(b) Caseworker visits shall be of sufficient substance and duration to address issues 
20.8 	pertinent to case planning and service delivery to ensure the safety, permanency, and 
20.9 	well-being of the child.

20.10 	Sec. 10. Minnesota Statutes 2008, section 260C.212, subdivision 11, is amended to 
20.11 	read:
20.12 		Subd. 11.Rules; family and group foster care. The commissioner shall revise 
20.13 	Minnesota Rules, parts 9545.0010 to 9545.0260, the rules setting standards for family and 
20.14 	group family foster care. The commissioner shall:
20.15 	(1) require that, as a condition of licensure, foster care providers attend training on 
20.16 	understanding and validating the cultural heritage of all children in their care, and on the 
20.17 	importance of the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 
20.18 	1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and
20.19 	(2) review and, where necessary, revise foster care rules to reflect sensitivity to 
20.20 	cultural diversity and differing lifestyles. Specifically, the commissioner shall examine 
20.21 	whether space and other requirements discriminate against single-parent, minority, or 
20.22 	low-income families who may be able to provide quality foster care reflecting the values 
20.23 	of their own respective cultures; and
20.24 	(3) relieve relative foster care providers of the requirements promulgated as a result 
20.25 	of clauses (1) and (2) when the safety of the child is not jeopardized and as allowed 
20.26 	under federal law.

20.27 	Sec. 11. Minnesota Statutes 2008, section 261.035, is amended to read:
20.28 	261.035 CREMATION AND FUNERALS AT EXPENSE OF COUNTY.
20.29 	When a person dies in any county without apparent means to provide for that 
20.30 	person's funeral or final disposition, the county board shall first investigate to determine 
20.31 	whether that person had contracted for any prepaid funeral arrangements. If prepaid 
20.32 	arrangements have been made, the county shall authorize arrangements to be implemented 
20.33 	in accord with the instructions of the deceased. If it is determined that the person did not 
20.34 	leave sufficient means to defray the necessary expenses of a funeral and final disposition, 
21.1 	nor any spouse of sufficient ability to procure the burial, the county board shall provide for 
21.2 	a funeral and final dispositioncremation of the person's remains to be made at the expense 
21.3 	of the county. If it is determined that cremation is not in accordance with the religious 
21.4 	and moral beliefs of the decedent or the decedent's spouse or the decedent's next of kin, 
21.5 	the county board shall provide for a funeral. Any funeral and final disposition provided 
21.6 	at the expense of the county shall be in accordance with religious and moral beliefs of 
21.7 	the decedent or the decedent's spouse or the decedent's next of kin. If the wishes of the 
21.8 	decedent are not known and the county has no information about the existence of or 
21.9 	location of any next of kin, the county may determine the method of final disposition shall 
21.10 	provide for cremation of the person's remains.

21.11 	ARTICLE 3
21.12 	HEALTH CARE

21.13 	Section 1. Minnesota Statutes 2008, section 62Q.37, subdivision 3, is amended to read:
21.14 		Subd. 3.Audits. (a) The commissioner may conduct routine audits and 
21.15 	investigations as prescribed under the commissioner's respective state authorizing statutes. 
21.16 	If a nationally recognized independent organization has conducted an audit of the health 
21.17 	plan company using audit procedures that are comparable to or more stringent than the 
21.18 	commissioner's audit procedures:
21.19 	(1) the commissioner mayshall accept the independent audit and require no further 
21.20 	audit if the results of the independent audit show that the performance standard being 
21.21 	audited meets or exceeds state standards;
21.22 	(2) the commissioner may accept the independent audit and limit further auditing 
21.23 	if the results of the independent audit show that the performance standard being audited 
21.24 	partially meets state standards;
21.25 	(3) the health plan company must demonstrate to the commissioner that the 
21.26 	nationally recognized independent organization that conducted the audit is qualified and 
21.27 	that the results of the audit demonstrate that the particular performance standard partially 
21.28 	or fully meets state standards; and
21.29 	(4) if the commissioner has partially or fully accepted an independent audit of the 
21.30 	performance standard, the commissioner may use the finding of a deficiency with regard 
21.31 	to statutes or rules by an independent audit as the basis for a targeted audit or enforcement 
21.32 	action.
21.33 	(b) If a health plan company has formally delegated activities that are required 
21.34 	under either state law or contract to another organization that has undergone an audit by 
21.35 	a nationally recognized independent organization, that health plan company may use 
22.1 	the nationally recognized accrediting body's determination on its own behalf under this 
22.2 	section.

22.3 	Sec. 2. Minnesota Statutes 2008, section 144A.04, subdivision 11, is amended to read:
22.4 		Subd. 11.Incontinent residents. Notwithstanding Minnesota Rules, part 
22.5 	4658.0520, an incontinent resident must be checked according to a specific time interval 
22.6 	written in the resident'streated according to the comprehensive assessment and care plan. 
22.7 	The resident's attending physician must authorize in writing any interval longer than 
22.8 	two hours unless the resident, if competent, or a family member or legally appointed 
22.9 	conservator, guardian, or health care agent of a resident who is not competent, agrees in 
22.10 	writing to waive physician involvement in determining this interval, and this waiver 
22.11 	is documented in the resident's care plan.

22.12 	Sec. 3. Minnesota Statutes 2008, section 144A.04, is amended by adding a subdivision 
22.13 	to read:
22.14 		Subd. 12.Resident positioning. Notwithstanding Minnesota Rules, part 4658.0525, 
22.15 	subpart 4, the position of residents unable to change their own position must be changed 
22.16 	based on the comprehensive assessment and care plan.

22.17 	Sec. 4. Minnesota Statutes 2008, section 144A.43, is amended by adding a subdivision 
22.18 	to read:
22.19 		Subd. 5.Medication reminder. "Medication reminder" means providing a verbal 
22.20 	or visual reminder to a client to take medication. This includes bringing the medication 
22.21 	to the client and providing liquids or nutrition to accompany medication that a client is 
22.22 	self-administering.

22.23 	Sec. 5. Minnesota Statutes 2008, section 144A.45, subdivision 1, is amended to read:
22.24 		Subdivision 1. Rules. The commissioner shall adopt rules for the regulation of 
22.25 	home care providers pursuant to sections 144A.43 to 144A.47. The rules shall include 
22.26 	the following:
22.27 	(1) provisions to assure, to the extent possible, the health, safety and well-being, and 
22.28 	appropriate treatment of persons who receive home care services;
22.29 	(2) requirements that home care providers furnish the commissioner with specified 
22.30 	information necessary to implement sections 144A.43 to 144A.47;
22.31 	(3) standards of training of home care provider personnel, which may vary according 
22.32 	to the nature of the services provided or the health status of the consumer;
23.1 	(4) standards for medication management which may vary according to the nature of 
23.2 	the services provided, the setting in which the services are provided, or the status of the 
23.3 	consumer. Medication management includes the central storage, handling, distribution, 
23.4 	and administration of medications;
23.5 	(5) standards for supervision of home care services requiring supervision by a 
23.6 	registered nurse or other appropriate health care professional which must occur on site 
23.7 	at least every 62 days, or more frequently if indicated by a clinical assessment, and in 
23.8 	accordance with sections 148.171 to 148.285 and rules adopted thereunder, except that, 
23.9 	notwithstanding the provisions of Minnesota Rules, part 4668.0110, subpart 5, item B, 
23.10 	supervision of a person performing home care aide tasks for a class B licensee providing 
23.11 	paraprofessional services must occur only every 180 days, or more frequently if indicated 
23.12 	by a clinical assessment does not require nursing supervision;
23.13 	(6) standards for client evaluation or assessment which may vary according to the 
23.14 	nature of the services provided or the status of the consumer;
23.15 	(7) requirements for the involvement of a consumer's physician, the documentation 
23.16 	of physicians' orders, if required, and the consumer's treatment plan, and the maintenance 
23.17 	of accurate, current clinical records;
23.18 	(8) the establishment of different classes of licenses for different types of providers 
23.19 	and different standards and requirements for different kinds of home care services; and
23.20 	(9) operating procedures required to implement the home care bill of rights.

23.21 	Sec. 6. Minnesota Statutes 2008, section 144A.45, is amended by adding a subdivision 
23.22 	to read:
23.23 		Subd. 1b.Home health aide qualifications. Notwithstanding the provisions of 
23.24 	Minnesota Rules, part 4668.0100, subpart 5, a person may perform home health aide tasks 
23.25 	if the person maintains current registration as a nursing assistant on the Minnesota nursing 
23.26 	assistant registry. Maintaining current registration on the Minnesota nursing assistant 
23.27 	registry satisfies the documentation requirements of Minnesota Rules, part 4668.0110, 
23.28 	subpart 3.

23.29 	Sec. 7. [245B.031] ACCREDITATION, ALTERNATIVE INSPECTION, AND 
23.30 	DEEMED COMPLIANCE.
23.31 		Subdivision 1.Day training and habilitation or supported employment services 
23.32 	programs; alternative inspection status. (a) A license holder providing day training and 
23.33 	habilitation services or supported employment services according to this chapter, with a 
23.34 	three-year accreditation from the Commission on Rehabilitation Facilities, that has had at 
24.1 	least one on-site inspection by the commissioner following issuance of the initial license 
24.2 	may request alternative inspection status under this section.
24.3 	(b) The request for alternative inspection status must be made in the manner 
24.4 	prescribed by the commissioner, and must include:
24.5 	(1) a copy of the license holder's application to the Commission on Rehabilitation 
24.6 	Facilities for accreditation;
24.7 	(2) the most recent Commission on Rehabilitation Facilities accreditation survey 
24.8 	report; and 
24.9 	(3) the most recent letter confirming the three-year accreditation and approval of the 
24.10 	license holder's quality improvement plan.
24.11 	Based on the request and the accompanying materials, the commissioner may approve 
24.12 	alternative inspection status.
24.13 	(c) Following approval of alternative inspection status, the commissioner may 
24.14 	terminate the alternative inspection status or deny a subsequent alternative inspection 
24.15 	status if the commissioner determines that any of the following conditions have occurred 
24.16 	after approval of the alternative inspection process:
24.17 	(1) the license holder has not maintained full three-year accreditation;
24.18 	(2) the commissioner has substantiated maltreatment for which the license holder or 
24.19 	facility is determined to be responsible during the three-year accreditation period; and
24.20 	(3) during the three-year accreditation period, the license holder has been issued 
24.21 	an order for conditional license, a fine, suspension, or license revocation that has not 
24.22 	been reversed upon appeal.
24.23 	(d) The commissioner's decision that the conditions for approval for the alternative 
24.24 	licensing inspection status have not been met is final and not subject to appeal under the 
24.25 	provisions of chapter 14.
24.26 		Subd. 2.Programs with three-year accreditation, exempt from certain statutes.
 24.27 	(a) A license holder approved for alternative inspection status under this section is exempt 
24.28 	from the requirements under:
24.29 	(1) section 245B.04;
24.30 	(2) section 245B.05, subdivisions 5 and 6;
24.31 	(3) section 245B.06, subdivisions 1, 3, 4, 5, and 6; and
24.32 	(4) section 245B.07, subdivisions 1, 4, and 6.
24.33 	(b) Upon receipt of a complaint regarding a requirement under paragraph (a), the 
24.34 	commissioner shall refer the complaint to the Commission on Rehabilitation Facilities for 
24.35 	possible follow-up.
25.1 		Subd. 3.Programs with three-year accreditation, deemed to be in compliance 
25.2 	with nonexempt licensing requirements. (a) License holders approved for alternative 
25.3 	inspection status under this section are required to maintain compliance with all licensing 
25.4 	standards from which they are not exempt under subdivision 2, paragraph (a).
25.5 	(b) License holders approved for alternative inspection status under this section shall 
25.6 	be deemed to be in compliance with all nonexempt statutes, and the commissioner shall 
25.7 	not perform routine licensing inspections.
25.8 	(c) Upon receipt of a complaint regarding the services of a license holder approved 
25.9 	for alternative inspection under this section that is not related to a licensing requirement 
25.10 	from which the license holder is exempt under subdivision 2, the commissioner shall 
25.11 	investigate the complaint and may take any action as provided under section 245A.06 or 
25.12 	245A.07.
25.13 		Subd. 4.Investigations of alleged maltreatment of minors or vulnerable adults.
 25.14 	Nothing in this section changes the commissioner's responsibilities to investigate alleged 
25.15 	or suspected maltreatment of a minor under section 626.556 or vulnerable adult under 
25.16 	section 626.557.
25.17 		Subd. 5.Commissioner request to the Commission on Rehabilitation Facilities 
25.18 	to expand accreditation survey. The commissioner shall submit a request to the 
25.19 	Commission on Rehabilitation Facilities to routinely inspect for compliance with standards 
25.20 	that are similar to the following nonexempt licensing requirements:
25.21 	(1) section 245A.65;
25.22 	(2) section 245A.66;
25.23 	(3) section 245B.05, subdivisions 1, 2, and 7;
25.24 	(4) section 245B.055;
25.25 	(5) section 245B.06, subdivisions 2, 7, 9, and 10;
25.26 	(6) section 245B.07, subdivisions 2, 5, and 8, paragraph (a), clause (7);
25.27 	(7) section 245C.04, subdivision 1, paragraph (f);
25.28 	(8) section 245C.07;
25.29 	(9) section 245C.13, subdivision 2;
25.30 	(10) section 245C.20; and 
25.31 	(11) Minnesota Rules, parts 9525.2700 to 9525.2810.

25.32 	Sec. 8. Minnesota Statutes 2008, section 256.962, subdivision 6, is amended to read:
25.33 		Subd. 6.School districts and charter schools. (a) At the beginning of each school 
25.34 	year, a school district or charter school shall provide information to each student on the 
25.35 	availability of health care coverage through the Minnesota health care programs.
26.1 	(b) For each child who is determined to be eligible for the free and reduced-price 
26.2 	school lunch program, the district shall provide the child's family with information on how 
26.3 	to obtain an application for the Minnesota health care programs and application assistance.
26.4 	(c) A school district or charter school shall also ensure that applications and 
26.5 	information on application assistance are available at early childhood education sites and 
26.6 	public schools located within the district's jurisdiction.
26.7 	(d)(c) Each district shall designate an enrollment specialist to provide application 
26.8 	assistance and follow-up services with families who have indicated an interest in receiving 
26.9 	information or an application for the Minnesota health care program. A district is eligible 
26.10 	for the application assistance bonus described in subdivision 5.
26.11 	(e) Each (d) If a school district or charter school maintains a district Web site, the
26.12 	school district or charter school shall provide on their its Web site a link to information on 
26.13 	how to obtain an application and application assistance.

26.14 	Sec. 9. Minnesota Statutes 2008, section 471.61, subdivision 1, is amended to read:
26.15 		Subdivision 1.Officers, employees. A county, municipal corporation, town, school 
26.16 	district, county extension committee, other political subdivision or other body corporate 
26.17 	and politic of this state, other than the state or any department of the state, through its 
26.18 	governing body, and any two or more subdivisions acting jointly through their governing 
26.19 	bodies, may insure or protect its or their officers and employees, and their dependents, or 
26.20 	any class or classes of officers, employees, or dependents, under a policy or policies or 
26.21 	contract or contracts of group insurance or benefits covering life, health, and accident, in 
26.22 	the case of employees, and medical and surgical benefits and hospitalization insurance 
26.23 	or benefits for both employees and dependents or dependents of an employee whose 
26.24 	death was due to causes arising out of and in the course of employment, or any one or 
26.25 	more of those forms of insurance or protection. A governmental unit, including county 
26.26 	extension committees and those paying their employees, may pay all or any part of 
26.27 	the premiums or charges on the insurance or protection. A payment is deemed to be 
26.28 	additional compensation paid to the officers or employees, but for purposes of determining 
26.29 	contributions or benefits under a public pension or retirement system it is not deemed 
26.30 	to be additional compensation. One or more governmental units may determine that 
26.31 	a person is an officer or employee if the person receives income from the governmental 
26.32 	subdivisions without regard to the manner of election or appointment, including but not 
26.33 	limited to employees of county historical societies that receive funding from the county 
26.34 	and employees of the Minnesota Inter-county Association. The appropriate officer of 
26.35 	the governmental unit, or those disbursing county extension funds, shall deduct from 
27.1 	the salary or wages of each officer and employee who elects to become insured or so 
27.2 	protected, on the officer's or employee's written order, all or part of the officer's or 
27.3 	employee's share of premiums or charges and remit the share or portion to the insurer or 
27.4 	company issuing the policy or contract.
27.5 	A governmental unit, other than a school district, that pays all or part of the premiums 
27.6 	or charges is authorized to levy and collect a tax, if necessary, in the next annual tax levy 
27.7 	for the purpose of providing the necessary money for the payment of the premiums or 
27.8 	charges, and the sums levied and appropriated are not, in the event the sum exceeds the 
27.9 	maximum sum allowed by the charter of a municipal corporation, considered part of 
27.10 	the cost of government of the governmental unit as defined in any levy or expenditure 
27.11 	limitation; provided at least 50 percent of the cost of benefits on dependents must be 
27.12 	contributed by the employee or be paid by levies within existing charter tax limitations.
27.13 	The word "dependents" as used in this subdivision means spouse and minor 
27.14 	unmarried children under the age of 18 years actually dependent upon the employee.
27.15 	Notwithstanding any other law to the contrary, a political subdivision described in 
27.16 	this subdivision may provide health benefits to its employees, dependents, and other 
27.17 	eligible persons through negotiated contributions to self-funded multiemployer health 
27.18 	and welfare funds.

27.19 	EFFECTIVE DATE. This section is effective the day following final enactment; 
27.20 	applies to contributions made before, on, or after that date; and is intended as a clarification 
27.21 	of existing law.

27.22 	ARTICLE 4
27.23 	PUBLIC SAFETY

27.24 	Section 1. Minnesota Statutes 2008, section 609.115, subdivision 1, is amended to read:
27.25 		Subdivision 1.Presentence investigation. (a) When a defendant has been convicted 
27.26 	of a misdemeanor or gross misdemeanor, the court may, and when the defendant has been 
27.27 	convicted of a felony, the court shall, before sentence is imposed, cause a presentence 
27.28 	investigation and written report to be made to the court concerning the defendant's 
27.29 	individual characteristics, circumstances, needs, potentialities, criminal record and social 
27.30 	history, the circumstances of the offense and the harm caused by it to others and to the 
27.31 	community. At the request of the prosecutor in a gross misdemeanor case, the court shall 
27.32 	order that a presentence investigation and report be prepared. The investigation shall be 
27.33 	made by a probation officer of the court, if there is one; otherwise it shall be made by the 
27.34 	commissioner of corrections. The officer conducting the presentence or predispositional 
28.1 	investigation shall make reasonable and good faith efforts to contact and provide the 
28.2 	victim with the information required under section 611A.037, subdivision 2. Presentence 
28.3 	investigations shall be conducted and summary hearings held upon reports and upon 
28.4 	the sentence to be imposed upon the defendant in accordance with this section, section 
28.5 	244.10, and the Rules of Criminal Procedure.  
28.6 	(b) When the crime is a violation of sections 609.561 to 609.563, 609.5641, or 
28.7 	609.576 and involves a fire, the report shall include a description of the financial and 
28.8 	physical harm the offense has had on the public safety personnel who responded to the 
28.9 	fire. For purposes of this paragraph, "public safety personnel" means the state fire marshal; 
28.10 	employees of the Division of the State Fire Marshal; firefighters, regardless of whether the 
28.11 	firefighters receive any remuneration for providing services; peace officers, as defined in 
28.12 	section 626.05, subdivision 2; individuals providing emergency management services; and 
28.13 	individuals providing emergency medical services.  
28.14 	(c) When the crime is a felony violation of chapter 152 involving the sale or 
28.15 	distribution of a controlled substance, the report shall include a description of any adverse 
28.16 	social or economic effects the offense has had on persons who reside in the neighborhood 
28.17 	where the offense was committed.
28.18 	(d)(c) The report shall also include the information relating to crime victims 
28.19 	required under section 611A.037, subdivision 1. If the court directs, the report shall 
28.20 	include an estimate of the prospects of the defendant's rehabilitation and recommendations 
28.21 	as to the sentence which should be imposed. In misdemeanor cases the report may be oral.  
28.22 	(e)(d) When a defendant has been convicted of a felony, and before sentencing, the 
28.23 	court shall cause a sentencing worksheet to be completed to facilitate the application of 
28.24 	the Minnesota Sentencing Guidelines. The worksheet shall be submitted as part of the 
28.25 	presentence investigation report.
28.26 	(f)(e) When a person is convicted of a felony for which the Sentencing Guidelines 
28.27 	presume that the defendant will be committed to the commissioner of corrections under an 
28.28 	executed sentence and no motion for a sentencing departure has been made by counsel, 
28.29 	the court may, when there is no space available in the local correctional facility, commit 
28.30 	the defendant to the custody of the commissioner of corrections, pending completion of 
28.31 	the presentence investigation and report. When a defendant is convicted of a felony for 
28.32 	which the Sentencing Guidelines do not presume that the defendant will be committed 
28.33 	to the commissioner of corrections, or for which the Sentencing Guidelines presume 
28.34 	commitment to the commissioner but counsel has moved for a sentencing departure, 
28.35 	the court may commit the defendant to the commissioner with the consent of the 
29.1 	commissioner, pending completion of the presentence investigation and report. The 
29.2 	county of commitment shall return the defendant to the court when the court so orders.

29.3 	ARTICLE 5
29.4 	LOCAL GOVERNMENT

29.5 	Section 1. Minnesota Statutes 2008, section 6.80, is amended by adding a subdivision 
29.6 	to read:
29.7 		Subd. 8.Group applications. Local government units similarly situated for the 
29.8 	purposes of a specific administrative rule or state procedural law may submit a group 
29.9 	application for a waiver or temporary exemption. The application must provide all of the 
29.10 	information required in subdivision 2 with regard to each local government unit included 
29.11 	in the application to the extent the information differs from any other local government 
29.12 	unit included in the application. Each local government unit included must provide a 
29.13 	copy of the application to the exclusive representative certified under section 179A.12 
29.14 	to represent employees who provide the service or program affected by the requested 
29.15 	waiver or exemption. Review of the group application shall be the same as for a single 
29.16 	local government unit's application. If granted, the agreement must be the same for all 
29.17 	included in the application and it applies to each local government unit that enters into the 
29.18 	agreement with the state auditor.

29.19 	Sec. 2. [14.128] EFFECTIVE DATE FOR RULES REQUIRING LOCAL 
29.20 	IMPLEMENTATION.
29.21 		Subdivision 1.Determination. An agency must determine if a local government 
29.22 	will be required to adopt or amend an ordinance or other regulation to comply with a 
29.23 	proposed agency rule.  An agency must make this determination before the close of the 
29.24 	hearing record or before the agency submits the record to the administrative law judge if 
29.25 	there is no hearing.  The administrative law judge must review and approve or disapprove 
29.26 	the agency's determination. "Local government" means a town, county, or home rule 
29.27 	charter or statutory city.
29.28 		Subd. 2.Effective dates.  If the agency determines that the proposed rule requires 
29.29 	adoption or amendment of an ordinance or other regulation, or if the administrative law 
29.30 	judge disapproves the agency's determination that the rule does not have this effect, the 
29.31 	rule may not become effective until:
29.32 	(1) the next  July 1 or January 1 after notice of final adoption is published in the 
29.33 	State Register; or
29.34 	(2) a later date provided by law or specified in the proposed rule.
30.1 		Subd. 3.Exceptions. Subdivision 2 does not apply:
30.2 	(1) to a rule adopted under section 14.388, 14.389, or 14.3895, or under another law 
30.3 	specifying that the rulemaking procedures of this chapter do not apply;
30.4 	(2) if the agency has been directed by law to adopt the rule or to commence the 
30.5 	rulemaking process;
30.6 	(3) if the administrative law judge approves an agency's determination that the rule 
30.7 	has been proposed pursuant to a specific federal statutory or regulatory mandate that 
30.8 	requires the rule to take effect before the date specified in subdivision 1; or
30.9 	(4) if the governor waives application of subdivision 2.

30.10 	Sec. 3. Minnesota Statutes 2008, section 168.33, subdivision 7, is amended to read:
30.11 		Subd. 7.Filing fees; allocations. (a) In addition to all other statutory fees and 
30.12 	taxes, a filing fee of:
30.13 	(1) $4.50 is imposed on every vehicle registration renewal, excluding pro rate 
30.14 	transactions; and
30.15 	(2) $8.50 is imposed on every other type of vehicle transaction, including pro rate 
30.16 	transactions;
30.17 	except that a filing fee may not be charged for a document returned for a refund or for 
30.18 	a correction of an error made by the Department of Public Safety, a dealer, or a deputy 
30.19 	registrar. The filing fee must be shown as a separate item on all registration renewal 
30.20 	notices sent out by the commissioner. No filing fee or other fee may be charged for the 
30.21 	permanent surrender of a title for a vehicle.
30.22 	(b) The fees imposed under paragraph (a) may be paid by credit card or debit 
30.23 	card. The deputy registrar may collect a surcharge on the fee not to exceed the cost of 
30.24 	processing a credit card or debit card transaction, in accordance with emergency rules 
30.25 	established by the commissioner of public safety.
30.26 	(c) All of the fees collected under paragraph (a), clause (1), by the department, must 
30.27 	be paid into the vehicle services operating account in the special revenue fund under 
30.28 	section 299A.705. Of the fee collected under paragraph (a), clause (2), by the department, 
30.29 	$3.50 must be paid into the general fund with the remainder deposited into the vehicle 
30.30 	services operating account in the special revenue fund under section 299A.705.

30.31 	EFFECTIVE DATE. This section is effective for fees collected after July 31, 2009.

30.32 	Sec. 4. Minnesota Statutes 2008, section 211B.37, is amended to read:
30.33 	211B.37 COSTS ASSESSED.
31.1 		Subdivision 1.Cost of proceedings; statewide ballot questions. Except as 
31.2 	otherwise provided in subdivision 2 and section 211B.36, subdivision 3, the chief 
31.3 	administrative law judge shall assess the cost of considering complaints filed under 
31.4 	section 211B.32 as provided in this section. Costs of complaints relating to a statewide 
31.5 	ballot question or an election for a statewide or legislative office must be assessed against 
31.6 	the appropriation from the general fund to the general account of the state elections 
31.7 	campaign fund in section 10A.31, subdivision 4. Costs of complaints relating to any 
31.8 	other ballot question or elective office must be assessed against the county or counties in 
31.9 	which the election is held. Where the election is held in more than one county, the chief 
31.10 	administrative law judge shall apportion the assessment among the counties in proportion 
31.11 	to their respective populations within the election district to which the complaint relates 
31.12 	according to the most recent decennial federal census as provided in subdivision 2.  
31.13 		Subd. 2.Cost of proceedings; other ballot questions. The costs of complaints 
31.14 	relating to a ballot question other than a statewide ballot question or an election other 
31.15 	than an election for a statewide or legislative office must be paid by the parties in the 
31.16 	proportions that they agree to. Notwithstanding section 14.53 or other law, the Office of 
31.17 	Administrative Hearings is not liable for the costs. If the parties do not agree to a division 
31.18 	of the costs before the commencement of mediation, arbitration, or hearing, the costs must 
31.19 	be allocated on an equitable basis by the mediator, arbitrator, or chief administrative law 
31.20 	judge. The chief administrative law judge may contract with the parties to a matter for 
31.21 	the purpose of providing administrative law judges and reporters for an administrative 
31.22 	proceeding or alternative dispute resolution. The chief administrative law judge shall 
31.23 	assess the cost of services rendered by the Office of Administrative Hearings as provided 
31.24 	by section 14.53.

31.25 	Sec. 5. Minnesota Statutes 2008, section 306.243, is amended by adding a subdivision 
31.26 	to read:
31.27 		Subd. 6.Abandonment; end of operation as cemetery. A county that has accepted 
31.28 	responsibility for an abandoned cemetery may prohibit further burials in the abandoned 
31.29 	cemetery, and may cease all acceptance of responsibility for new burials.

31.30 	Sec. 6. Minnesota Statutes 2008, section 326B.145, is amended to read:
31.31 	326B.145 ANNUAL REPORT.
31.32 	Beginning with the first report filed by June 30, 2003, Each municipality shall 
31.33 	annually report by June 30 to the department, in a format prescribed by the department, all 
31.34 	construction and development-related fees collected by the municipality from developers, 
32.1 	builders, and subcontractors if the cumulative fees collected exceeded $5,000 in the 
32.2 	reporting year, except that, for reports due June 30, 2009, to June 30, 2013, the reporting 
32.3 	threshold is $10,000. The report must include:
32.4 	(1) the number and valuation of units for which fees were paid;
32.5 	(2) the amount of building permit fees, plan review fees, administrative fees, 
32.6 	engineering fees, infrastructure fees, and other construction and development-related 
32.7 	fees; and
32.8 	(3) the expenses associated with the municipal activities for which fees were 
32.9 	collected.

32.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

32.11 	Sec. 7. Minnesota Statutes 2008, section 344.18, is amended to read:
32.12 	344.18 COMPENSATION OF VIEWERS.
32.13 	Fence viewers must be paid for their services by the person employing them at the 
32.14 	rate of $15 each for each day's employment. $60 must be deposited with the town or city 
32.15 	treasurer before the service is performed. Upon completion of the service, any of the $60 
32.16 	not spent to compensate the fence viewers must be returned to the depositor. The town 
32.17 	board may by resolution require the person employing the fence viewers to post a bond or 
32.18 	other security acceptable to the board for the total estimated costs before the viewing takes 
32.19 	place. The total estimated costs may include the cost of professional and other services, 
32.20 	hearing costs, administrative costs, recording costs, and other costs and expenses the town 
32.21 	may incur in connection with the viewing.

32.22 	Sec. 8. Minnesota Statutes 2008, section 365.28, is amended to read:
32.23 	365.28 PUBLIC BURIAL GROUND IS TOWN'S AFTER TEN YEARS.
32.24 	A tract of land in a town becomes town property after it has been used as a public 
32.25 	burial ground for ten years if the tract is not owned by a cemetery association. The town 
32.26 	board shall control the burial ground as it controls other town cemeteries. A town that 
32.27 	has accepted responsibility for an abandoned cemetery may prohibit further burials in the 
32.28 	abandoned cemetery, and may cease all acceptance of responsibility for new burials.

32.29 	Sec. 9. Minnesota Statutes 2008, section 375.12, subdivision 2, is amended to read:
32.30 		Subd. 2.Small claims totaled. Individualized itemized accounts, claims or 
32.31 	demands allowed by the county board pursuant to section 471.38, subdivision 1, need not 
32.32 	be published pursuant to subdivision 1, if the amount allowed from each claim is $300
33.1 	$2,000 or less. The official proceedings following the itemization of accounts required 
33.2 	shall contain a statement showing the total number of claims that did not exceed $300
33.3 	$2,000 and their total dollar amount.

33.4 	Sec. 10. Minnesota Statutes 2008, section 382.265, is amended to read:
33.5 	382.265 CLERK HIRE IN CERTAIN COUNTIES.
33.6 	In all counties of this state where the amount of clerk hire now or hereafter provided 
33.7 	by law for any county office shall be insufficient to meet the requirements of said office, 
33.8 	the county officer in need of additional clerk hire shall prepare a petition and statement 
33.9 	setting forth therein the amount of additional clerk hire needed and file the same with the 
33.10 	county auditor, who shall present the same to the board of county commissioners at the 
33.11 	next meeting of said board. If the board of county commissioners shall grant said petition 
33.12 	by majority vote of all members elected to the board, then the amount of additional clerk 
33.13 	hire requested in said petition shall thereupon become effective for said office. Said board 
33.14 	shall act on any such petition within 60 days from the time it has been filed with the 
33.15 	county auditor. If the board of county commissioners shall determine that the amount of 
33.16 	additional clerk hire requested in said petition is excessive and more than is necessary for 
33.17 	said office, it shall fix the amount of such additional clerk hire to be allowed, if any, and 
33.18 	notify such officer thereof. If said county officer or any taxpayer of the county shall be 
33.19 	dissatisfied with the decision of the board of county commissioners, the officer may, at 
33.20 	the officer's own expense, within ten days after the decision of said board, appeal to the 
33.21 	district court. The district court, either in term or vacation and upon ten days' notice to 
33.22 	the chair of the board of county commissioners, shall hear such appeal and summarily 
33.23 	determine the amount of additional clerk hire needed by an order, a copy of which shall 
33.24 	be filed with the county auditor.

33.25 	Sec. 11. Minnesota Statutes 2008, section 384.151, subdivision 1a, is amended to read:
33.26 		Subd. 1a.Implementation. (a) The county board of each of the counties specified 
33.27 	in subdivision 1 of less than 75,000 population annually shall set by resolution the salary 
33.28 	of the county auditor which shall be paid to the county auditor at such intervals as the 
33.29 	board shall determine but not less often than once each month.
33.30 	(b) At the January meeting prior to the first date on which applicants may file for the 
33.31 	office of county auditor the board shall set by resolution the minimum salary to be paid the 
33.32 	county auditor for the term next following.
34.1 	(c) In the event a vacancy occurs in the office of county auditor the board may 
34.2 	set the annual salary for the remainder of the calendar year at an amount less than was 
34.3 	set for that year.
34.4 	(d) The board, in any case specified in this subdivision, may not set the annual 
34.5 	salary at an amount less than the minimums provided in this subdivision but it may set 
34.6 	the salary in excess of such minimums.
34.7 	(e) (d) The salary of the county auditor shall not be reduced during the term for 
34.8 	which the auditor was elected or appointed.
34.9 	(f) (e) In the event that duties are assigned to the auditor which are in addition to 
34.10 	duties as auditor, additional compensation may be provided for the additional duties. The 
34.11 	county board by resolution shall determine the additional compensation which shall be 
34.12 	paid and specify the duties for which the additional compensation is to be paid.

34.13 	Sec. 12. Minnesota Statutes 2008, section 385.373, subdivision 1a, is amended to read:
34.14 		Subd. 1a.Implementation. (a) The county board of each of the counties specified 
34.15 	in subdivision 1 of less than 75,000 population annually shall set by resolution the salary 
34.16 	of the county treasurer which shall be paid to the county treasurer at such intervals as the 
34.17 	board shall determine but not less often than once each month.
34.18 	(b) At the January meeting prior to the first date on which applicants may file for the 
34.19 	office of county treasurer the board shall set by resolution the minimum salary to be paid 
34.20 	the county treasurer for the term next following.
34.21 	(c) In the event a vacancy occurs in the office of county treasurer the board may 
34.22 	set the annual salary for the remainder of the calendar year at an amount less than was 
34.23 	set for that year.
34.24 	(d) The board in no case may set the annual salary at an amount less than the 
34.25 	minimums provided in this subdivision but it may set the salary in excess of the minimums.
34.26 	(e) (d) The salary of the county treasurer shall not be reduced during the term for 
34.27 	which the treasurer was elected or appointed.
34.28 	(f) (e) In the event that duties are assigned to the treasurer which are in addition to 
34.29 	duties as treasurer, additional compensation may be provided for the additional duties. 
34.30 	The county board by resolution shall determine the additional compensation which shall 
34.31 	be paid and specify the duties for which the additional compensation is to be paid.

34.32 	Sec. 13. Minnesota Statutes 2008, section 386.015, subdivision 2, is amended to read:
34.33 		Subd. 2.Board's salary procedure. (a) The county board of each of the counties 
34.34 	specified in subdivision 1 of less than 75,000 population annually shall set by resolution 
35.1 	the salary of the county recorder which shall be paid to the county recorder at such 
35.2 	intervals as the board shall determine but not less often than once each month.
35.3 	(b) At the January meeting prior to the first date on which applicants may file for the 
35.4 	office of county recorder the board shall set by resolution the minimum salary to be paid 
35.5 	county recorder for the term next following.
35.6 	(c) In the event a vacancy occurs in the office of the county recorder the board 
35.7 	may set the annual salary for the remainder of the calendar year at an amount less than 
35.8 	was set for that year.
35.9 	(d) The board in any case specified in this subdivision may not set the annual salary 
35.10 	at an amount less than the minimum provided in subdivision 1 but it may set the salary in 
35.11 	excess of such minimums.
35.12 	(e) (d) The salary of the county recorder shall not be reduced during the term for 
35.13 	which the recorder is elected or appointed.
35.14 	(f) (e) In the event that duties are assigned to the county recorder which are in 
35.15 	addition to duties as county recorder, additional compensation may be provided for 
35.16 	the additional duties. The county board by resolution shall determine the additional 
35.17 	compensation which shall be paid and specify the duties for which the additional 
35.18 	compensation is to be paid.

35.19 	Sec. 14. Minnesota Statutes 2008, section 387.13, is amended to read:
35.20 	387.13 PROHIBITIONS.
35.21 	No sheriff, or deputy sheriff, or coroner shall appear or practice as an attorney, 
35.22 	solicitor, or counselor at law in any court, or draw or fill up any process, pleading, or 
35.23 	paper for any party in any action or proceeding, nor, with intent to be employed in the 
35.24 	collection of any demand or the service of any process, advise or counsel any person to 
35.25 	commence an action or proceeding; nor shall any. This prohibition does not apply to a 
35.26 	deputy sheriff who is acting with the approval of the appointing sheriff. A sheriff be is not
35.27 	eligible to any hold other elective office. A sheriff, ordeputy sheriff, or coroner violating 
35.28 	any of the provisions of this section is guilty of a petty misdemeanor.

35.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

35.30 	Sec. 15. Minnesota Statutes 2008, section 387.20, subdivision 1, is amended to read:
35.31 		Subdivision 1.Counties under 75,000. (a) The sheriffs of all counties of the state 
35.32 	with less than 75,000 inhabitants according to the 1960 federal census shall receive yearly 
36.1 	salaries for all services rendered by them for their respective counties, not less than the 
36.2 	following amounts according to the then last preceding federal census:
36.3 	(1) in counties with less than 10,000 inhabitants, $6,000;
36.4 	(2) in counties with 10,000 but less than 20,000 inhabitants, $6,500;
36.5 	(3) in counties with 20,000 but less than 30,000 inhabitants, $7,000;
36.6 	(4) in counties with 30,000 but less than 40,000 inhabitants, $7,500;
36.7 	(5) in counties with 40,000 or more inhabitants, $8,000.
36.8 	(b) (a) In addition to suchthe sheriff's salary each, the sheriff shall be reimbursed for 
36.9 	all expenses incurred in the performance of official duties for the sheriff's county and the 
36.10 	claim for such the expenses shall be prepared, allowed, and paid in the same manner as 
36.11 	other claims against counties are prepared, allowed, and paid except that the expenses 
36.12 	incurred by such the sheriffs in the performance of service required of them in connection 
36.13 	with insane persons either by a district court or by law and a per diem for deputies and 
36.14 	assistants necessarily required under such the performance of such the services shall be 
36.15 	allowed and paid as provided by the law regulating the apprehension, examination, and 
36.16 	commitment of insane persons; provided that any sheriff or deputy receiving an annual 
36.17 	salary shall pay over any per diem received to the county in the manner and at the time 
36.18 	prescribed by the county board, but not less often than once each month.
36.19 	(c)(b) All claims for livery hire shall state the purpose for which such livery was 
36.20 	used and have attached thereto a receipt for the amount paid for such livery signed by 
36.21 	the person of whom it was hired.
36.22 	(d)(c) A county may pay a sheriff or deputy as compensation for the use of a 
36.23 	personal automobile in the performance of official duties a mileage allowance prescribed 
36.24 	by the county board or a monthly or other periodic allowance in lieu of mileage. The 
36.25 	allowance for automobile use is not subject to limits set by other law.

36.26 	Sec. 16. Minnesota Statutes 2008, section 387.20, subdivision 2, is amended to read:
36.27 		Subd. 2.Board procedure, details. (a) The county board of each of the counties 
36.28 	specified in this section of less than 75,000 population annually shall set by resolution the 
36.29 	salary of the county sheriff which shall be paid to the county sheriff at such intervals as the 
36.30 	board shall determine, but not less often than once each month.
36.31 	(b) At the January meeting prior to the first date on which applicants may file for the 
36.32 	office of county sheriff the board shall set by resolution the minimum salary to be paid the 
36.33 	county sheriff for the term next following.
37.1 	(c) In the event a vacancy occurs in the office of county sheriff, the board may 
37.2 	set the annual salary for the remainder of the calendar year at an amount less than was 
37.3 	set for that year.
37.4 	(d) The board in any case specified in this subdivision may not set the annual 
37.5 	salary at an amount less than the minimum provided in this subdivision, but it may set 
37.6 	the salary in excess of such minimums.
37.7 	(e) (d) The salary of the county sheriff shall not be reduced during the term for 
37.8 	which the sheriff was elected or appointed.

37.9 	Sec. 17. Minnesota Statutes 2008, section 429.041, subdivision 1, is amended to read:
37.10 		Subdivision 1.Plans and specifications, advertisement for bids. When the 
37.11 	council determines to make any improvement, it shall let the contract for all or part of 
37.12 	the work, or order all or part of the work done by day labor or otherwise as authorized by 
37.13 	subdivision 2, no later than one year after the adoption of the resolution ordering such 
37.14 	improvement, unless a different time limit is specifically stated in the resolution ordering 
37.15 	the improvement. The council shall cause plans and specifications of the improvement 
37.16 	to be made, or if previously made, to be modified, if necessary, and to be approved and 
37.17 	filed with the clerk, and if the estimated cost exceeds $50,000 the amount in section 
37.18 	471.345, subdivision 3, shall advertise for bids for the improvement in the newspaper and 
37.19 	such other papers and for such length of time as it may deem advisable. If the estimated 
37.20 	cost exceeds $100,000 twice the amount in section 471.345, subdivision 3, publication 
37.21 	shall be made no less than three weeks before the last day for submission of bids once 
37.22 	in the newspaper and at least once in either a newspaper published in a city of the first 
37.23 	class or a trade paper. To be eligible as such a trade paper, a publication shall have all 
37.24 	the qualifications of a legal newspaper except that instead of the requirement that it shall 
37.25 	contain general and local news, such trade paper shall contain building and construction 
37.26 	news of interest to contractors in this state, among whom it shall have a general circulation. 
37.27 	The advertisement shall specify the work to be done, shall state the time when the bids 
37.28 	will be publicly opened for consideration by the council, which shall be not less than ten 
37.29 	days after the first publication of the advertisement when the estimated cost is less than 
37.30 	$100,000 twice the amount in section 471.345, subdivision 3, and not less than three 
37.31 	weeks after such publication in other cases, and shall state that no bids will be considered 
37.32 	unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, 
37.33 	bid bond, or certified check payable to the clerk, for such percentage of the amount of the 
37.34 	bid as the council may specify. In providing for the advertisement for bids the council 
37.35 	may direct that the bids shall be opened publicly by two or more designated officers or 
38.1 	agents of the municipality and tabulated in advance of the meeting at which they are to 
38.2 	be considered by the council. Nothing herein shall prevent the council from advertising 
38.3 	separately for various portions of the work involved in an improvement, or from itself, 
38.4 	supplying by such means as may be otherwise authorized by law, all or any part of the 
38.5 	materials, supplies, or equipment to be used in the improvement or from combining two or 
38.6 	more improvements in a single set of plans and specifications or a single contract.

38.7 	Sec. 18. Minnesota Statutes 2008, section 429.041, subdivision 2, is amended to read:
38.8 		Subd. 2.Contracts; day labor. In contracting for an improvement, the council shall 
38.9 	require the execution of one or more written contracts and bonds, conditioned as required 
38.10 	by law. The council shall award the contract to the lowest responsible bidder or it may 
38.11 	reject all bids. If any bidder to whom a contract is awarded fails to enter promptly into 
38.12 	a written contract and to furnish the required bond, the defaulting bidder shall forfeit to 
38.13 	the municipality the amount of the defaulter's cash deposit, cashier's check, bid bond, or 
38.14 	certified check, and the council may thereupon award the contract to the next lowest 
38.15 	responsible bidder. When it appears to the council that the cost of the entire work projected 
38.16 	will be less than $50,000 the amount in section 471.345, subdivision 3, or whenever no 
38.17 	bid is submitted after proper advertisement or the only bids submitted are higher than 
38.18 	the engineer's estimate, the council may advertise for new bids or, without advertising 
38.19 	for bids, directly purchase the materials for the work and do it by the employment of day 
38.20 	labor or in any other manner the council considers proper. The council may have the 
38.21 	work supervised by the city engineer or other qualified person but shall have the work 
38.22 	supervised by a registered engineer if done by day labor and it appears to the council that 
38.23 	the entire cost of all work and materials for the improvement will be more than $25,000
38.24 	the lowest amount in section 471.345, subdivision 4. In case of improper construction 
38.25 	or unreasonable delay in the prosecution of the work by the contractor, the council may 
38.26 	order and cause the suspension of the work at any time and relet the contract, or order 
38.27 	a reconstruction of any portion of the work improperly done, and where the cost of 
38.28 	completion or reconstruction necessary will be less than $50,000 the amount in section 
38.29 	471.345, subdivision 3, the council may do it by the employment of day labor.

38.30 	Sec. 19. Minnesota Statutes 2008, section 469.015, is amended to read:
38.31 	469.015 LETTING OF CONTRACTS; PERFORMANCE BONDS.
38.32 		Subdivision 1.Bids; notice. All construction work, and work of demolition or 
38.33 	clearing, and every purchase of equipment, supplies, or materials, necessary in carrying 
38.34 	out the purposes of sections 469.001 to 469.047, that involve expenditure of $50,000 the 
39.1 	amount in section 471.345, subdivision 3, or more shall be awarded by contract. Before 
39.2 	receiving bids the authority shall publish, once a week for two consecutive weeks in an 
39.3 	official newspaper of general circulation in the community a notice that bids will be 
39.4 	received for that construction work, or that purchase of equipment, supplies, or materials. 
39.5 	The notice shall state the nature of the work and the terms and conditions upon which the 
39.6 	contract is to be let, naming a time and place where bids will be received, opened and read 
39.7 	publicly, which time shall be not less than seven days after the date of the last publication. 
39.8 	After the bids have been received, opened and read publicly and recorded, the authority 
39.9 	shall award the contract to the lowest responsible bidder, provided that the authority 
39.10 	reserves the right to reject any or all bids. Each contract shall be executed in writing, and 
39.11 	the person to whom the contract is awarded shall give sufficient bond to the authority for its 
39.12 	faithful performance. If no satisfactory bid is received, the authority may readvertise. The 
39.13 	authority may establish reasonable qualifications to determine the fitness and responsibility 
39.14 	of bidders and to require bidders to meet the qualifications before bids are accepted.  
39.15 		Subd. 1a.Best value alternative. As an alternative to the procurement method 
39.16 	described in subdivision 1, the authority may issue a request for proposals and award the 
39.17 	contract to the vendor or contractor offering the best value under a request for proposals as 
39.18 	described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
39.19 		Subd. 2.Exception; emergency. If the authority by a vote of four-fifths of its 
39.20 	members shall declare that an emergency exists requiring the immediate purchase of 
39.21 	any equipment or material or supplies at a cost in excess of $50,000 the amount in 
39.22 	section 471.345, subdivision 3, but not exceeding $75,000 one-half again as much as 
39.23 	the amount in section 471.345, subdivision 3, or making of emergency repairs, it shall 
39.24 	not be necessary to advertise for bids, but the material, equipment, or supplies may be 
39.25 	purchased in the open market at the lowest price obtainable, or the emergency repairs may 
39.26 	be contracted for or performed without securing formal competitive bids. An emergency, 
39.27 	for purposes of this subdivision, shall be understood to be unforeseen circumstances or 
39.28 	conditions which result in the placing in jeopardy of human life or property.
39.29 		Subd. 3.Performance and payment bonds. Performance and payment bonds shall 
39.30 	be required from contractors for any works of construction as provided in and subject 
39.31 	to all the provisions of sections 574.26 to 574.31 except for contracts entered into by 
39.32 	an authority for an expenditure of less than $50,000 the minimum threshold amount in 
39.33 	section 471.345, subdivision 3.  
39.34 		Subd. 4.Exceptions. (a) An authority need not require competitive bidding in the 
39.35 	following circumstances:
39.36 	(1) in the case of a contract for the acquisition of a low-rent housing project:
40.1 	(i) for which financial assistance is provided by the federal government;
40.2 	(ii) which does not require any direct loan or grant of money from the municipality 
40.3 	as a condition of the federal financial assistance; and
40.4 	(iii) for which the contract provides for the construction of the project upon land that 
40.5 	is either owned by the authority for redevelopment purposes or not owned by the authority 
40.6 	at the time of the contract but the contract provides for the conveyance or lease to the 
40.7 	authority of the project or improvements upon completion of construction;
40.8 	(2) with respect to a structured parking facility:
40.9 	(i) constructed in conjunction with, and directly above or below, a development; and
40.10 	(ii) financed with the proceeds of tax increment or parking ramp general obligation 
40.11 	or revenue bonds;
40.12 	(3) until August 1, 2009, with respect to a facility built for the purpose of facilitating 
40.13 	the operation of public transit or encouraging its use:
40.14 	(i) constructed in conjunction with, and directly above or below, a development; and
40.15 	(ii) financed with the proceeds of parking ramp general obligation or revenue bonds 
40.16 	or with at least 60 percent of the construction cost being financed with funding provided 
40.17 	by the federal government; and
40.18 	(4) in the case of any building in which at least 75 percent of the usable square 
40.19 	footage constitutes a housing development project if:
40.20 	(i) the project is financed with the proceeds of bonds issued under section 469.034 or 
40.21 	from nongovernmental sources;
40.22 	(ii) the project is either located on land that is owned or is being acquired by the 
40.23 	authority only for development purposes, or is not owned by the authority at the time the 
40.24 	contract is entered into but the contract provides for conveyance or lease to the authority 
40.25 	of the project or improvements upon completion of construction; and
40.26 	(iii) the authority finds and determines that elimination of the public bidding 
40.27 	requirements is necessary in order for the housing development project to be economical 
40.28 	and feasible.
40.29 	(b) An authority need not require a performance bond for the following projects:
40.30 	(1) a contract described in paragraph (a), clause (1);
40.31 	(2) a construction change order for a housing project in which 30 percent of the 
40.32 	construction has been completed;
40.33 	(3) a construction contract for a single-family housing project in which the authority 
40.34 	acts as the general construction contractor; or
40.35 	(4) a services or materials contract for a housing project.
41.1 	For purposes of this paragraph, "services or materials contract" does not include 
41.2 	construction contracts.
41.3 		Subd. 5.Security in lieu of bond. The authority may accept a certified check or 
41.4 	cashier's check in the same amount as required for a bond in lieu of a performance bond 
41.5 	for contracts entered into by an authority for an expenditure of less than $50,000 the 
41.6 	minimum threshold amount in section 471.345, subdivision 3. The check must be held by 
41.7 	the authority for 90 days after the contract has been completed. If no suit is brought within 
41.8 	the 90 days, the authority must return the amount of the check to the person making it. If a 
41.9 	suit is brought within the 90-day period, the authority must disburse the amount of the 
41.10 	check pursuant to the order of the court.

41.11 	Sec. 20. Minnesota Statutes 2008, section 471.661, is amended to read:
41.12 	471.661 OUT-OF-STATE TRAVEL.
41.13 	By January 1, 2006, The governing body of each statutory or home rule charter city, 
41.14 	county, school district, regional agency, or other political subdivision, except a town, must 
41.15 	develop have on record a policy that controls travel outside the state of Minnesota for 
41.16 	the applicable elected officials of the relevant unit of government. The policy must be 
41.17 	approved by a recorded vote and specify:
41.18 	(1) when travel outside the state is appropriate;
41.19 	(2) applicable expense limits; and
41.20 	(3) procedures for approval of the travel.
41.21 	The policy must be made available for public inspection upon request and reviewed 
41.22 	annually. Subsequent changes to the policy must be approved by a recorded vote.

41.23 	Sec. 21. Minnesota Statutes 2008, section 473.862, is amended to read:
41.24 	473.862 METRO COUNTIES OTHER THAN HENNEPIN, RAMSEY, 
41.25 	ANOKA, AND DAKOTA.
41.26 		Subdivision 1.Contents of plan. Comprehensive plans of counties shall contain at 
41.27 	least the following:
41.28 	(a) Except for the counties of Hennepin and, Ramsey, Anoka, and Dakota, a land 
41.29 	use plan as specified in section 473.859, subdivision 2, for all unincorporated territory 
41.30 	within the county;  
41.31 	(b) A public facilities plan which shall include all appropriate matters specified 
41.32 	in section 473.859, subdivision 3, including a transportation plan, and a description of 
41.33 	existing and projected solid waste disposal sites and facilities;  
41.34 	(c) An implementation program, as specified in section 473.859, subdivision 4.  
42.1 		Subd. 2.Towns with no plan by 1976. Each county other than Hennepin and,
42.2 	Ramsey, Anoka, and Dakota shall prepare, with the participation and assistance of the 
42.3 	town, the comprehensive plan for any town within the county which fails by December 
42.4 	31, 1976, to take action by resolution pursuant to section 473.861, subdivision 2 and shall 
42.5 	prepare all or part of any plan delegated to it pursuant to section 473.861, subdivision 2.  
42.6 		Subd. 3.Towns that cannot plan. Each county other than Hennepin and, Ramsey, 
42.7 	Anoka, and Dakota shall prepare, with the participation and assistance of the town, the 
42.8 	comprehensive plan for each town within the county not authorized to plan under sections 
42.9 	462.351 to 462.364, or under special law.  

42.10 	Sec. 22. RECORD RETENTION TASK FORCE; REPORT TO LEGISLATURE.
 42.11 	The Records Retention Task Force of the Minnesota Clerks and Finance Officers 
42.12 	Association, in conjunction with the Minnesota Historical Society, must conduct a study 
42.13 	to review the permanent retention schedules applicable to the records of all governmental 
42.14 	bodies in the state. The task force study must contain recommendations for future 
42.15 	methods of determining the appropriate time for the retention of various classes of records 
42.16 	maintained by the governmental bodies and the task force must report its findings to 
42.17 	the appropriate standing committees of the senate and house of representatives whose 
42.18 	jurisdiction includes the maintenance of public records by February 15, 2010. 

42.19 	Sec. 23.  REPEALER.
 42.20 	Minnesota Statutes 2008, sections 373.42; 384.151, subdivisions 1 and 3; 385.373, 
42.21 	subdivisions 1 and 3; 386.015, subdivisions 1 and 4; and 387.20, subdivision 4, are 
42.22 	repealed.

42.23 	ARTICLE 6
42.24 	TAXES

42.25 	Section 1. Minnesota Statutes 2008, section 123B.10, subdivision 1, is amended to read:
42.26 		Subdivision 1.Budgets; form of notification. (a) Every board must publish revenue 
42.27 	and expenditure budgets for the current year and the actual revenues, expenditures, fund 
42.28 	balances for the prior year and projected fund balances for the current year in a form 
42.29 	prescribed by the commissioner within one week of the acceptance of the final audit by 
42.30 	the board, or November 30, whichever is earlier. The forms prescribed must be designed 
42.31 	so that year to year comparisons of revenue, expenditures and fund balances can be made. 
42.32 	(b) A school board annually must notify the public of its revenue, expenditures, fund 
42.33 	balances, and other relevant budget information. The board must include the budget 
43.1 	information required by this section in the materials provided as a part of its truth in 
43.2 	taxation hearing, post the materials in a conspicuous place on the district's official Web 
43.3 	site, including a link to the district's school report card on the Department of Education's 
43.4 	Web site, and publish the information in a qualified newspaper of general circulation 
43.5 	in the district.

43.6 	EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 
43.7 	thereafter.

43.8 	Sec. 2. Minnesota Statutes 2008, section 275.065, subdivision 1, is amended to read:
43.9 		Subdivision 1.Proposed levy. (a) Notwithstanding any law or charter to the 
43.10 	contrary, on or before September 15, each taxing authority, other than a school district, 
43.11 	shall adopt a proposed budget and shall certify to the county auditor the proposed or, in 
43.12 	the case of a town, the final property tax levy for taxes payable in the following year.
43.13 	(b) On or before September 30, each school district that has not mutually agreed 
43.14 	with its home county to extend this date shall certify to the county auditor the proposed 
43.15 	property tax levy for taxes payable in the following year. Each school district that has 
43.16 	agreed with its home county to delay the certification of its proposed property tax levy 
43.17 	must certify its proposed property tax levy for the following year no later than October 
43.18 	7. The school district shall certify the proposed levy as:
43.19 	(1) a specific dollar amount by school district fund, broken down between 
43.20 	voter-approved and non-voter-approved levies and between referendum market value 
43.21 	and tax capacity levies; or
43.22 	(2) the maximum levy limitation certified by the commissioner of education 
43.23 	according to section 126C.48, subdivision 1.
43.24 	(c) If the board of estimate and taxation or any similar board that establishes 
43.25 	maximum tax levies for taxing jurisdictions within a first class city certifies the maximum 
43.26 	property tax levies for funds under its jurisdiction by charter to the county auditor by 
43.27 	September 15, the city shall be deemed to have certified its levies for those taxing 
43.28 	jurisdictions.
43.29 	(d) For purposes of this section, "taxing authority" includes all home rule and 
43.30 	statutory cities, towns, counties, school districts, and special taxing districts as defined 
43.31 	in section 275.066. Intermediate school districts that levy a tax under chapter 124 or 
43.32 	136D, joint powers boards established under sections 123A.44 to 123A.446, and Common 
43.33 	School Districts No. 323, Franconia, and No. 815, Prinsburg, are also special taxing 
43.34 	districts for purposes of this section.
44.1 	(e) At the meeting at which the taxing authority adopts its proposed tax levy 
44.2 	under paragraph (a) or (b), the taxing authority shall announce the time and place of its 
44.3 	subsequent regularly scheduled meetings at which the budget and levy will be discussed 
44.4 	and at which the public will be allowed to speak. The time and place of those meetings 
44.5 	must be included in the proceedings or summary of proceedings published in the official 
44.6 	newspaper of the taxing authority under sections 123B.09, 375.12, or 412.191.

44.7 	Sec. 3. Minnesota Statutes 2008, section 275.065, subdivision 3, is amended to read:
44.8 		Subd. 3.Notice of proposed property taxes. (a) The county auditor shall prepare 
44.9 	and the county treasurer shall deliver after November 10 and on or before November 24 
44.10 	each year, by first class mail to each taxpayer at the address listed on the county's current 
44.11 	year's assessment roll, a notice of proposed property taxes. Upon written request by 
44.12 	the taxpayer, the treasurer may send the notice in electronic form or by electronic mail 
44.13 	instead of on paper or by ordinary mail.
44.14 	(b) The commissioner of revenue shall prescribe the form of the notice.
44.15 	(c) The notice must inform taxpayers that it contains the amount of property taxes 
44.16 	each taxing authority proposes to collect for taxes payable the following year. In the 
44.17 	case of a town, or in the case of the state general tax, the final tax amount will be its 
44.18 	proposed tax. In the case of taxing authorities required to hold a public meeting under 
44.19 	subdivision 6, the notice must clearly state that each taxing authority, including regional 
44.20 	library districts established under section 134.201, and including the metropolitan taxing 
44.21 	districts as defined in paragraph (i), but excluding all other special taxing districts and 
44.22 	towns, will hold a public meeting to receive public testimony on the proposed budget and 
44.23 	proposed or final property tax levy, or, in case of a school district, on the current budget 
44.24 	and proposed property tax levy.The notice must clearly state for each city, county, school 
44.25 	district, regional library authority established under section 134.201, and metropolitan 
44.26 	taxing districts as defined in paragraph (i), the time and place of the taxing authorities' 
44.27 	regularly scheduled meetings in which the budget and levy will be discussed and the final 
44.28 	budget and levy determined, which must occur after November 24. The taxing authorities 
44.29 	must provide the county auditor with the information to be included in the notice on or 
44.30 	before the time it certifies its proposed levy under subdivision 1. The public must be 
44.31 	allowed to speak at the meetings. It must clearly state the time and place of each taxing 
44.32 	authority's meeting, provide a telephone number for the taxing authority that taxpayers 
44.33 	may call if they have questions related to the notice, and an address where comments 
44.34 	will be received by mail.
44.35 	(d) The notice must state for each parcel:
45.1 	(1) the market value of the property as determined under section 273.11, and used 
45.2 	for computing property taxes payable in the following year and for taxes payable in the 
45.3 	current year as each appears in the records of the county assessor on November 1 of the 
45.4 	current year; and, in the case of residential property, whether the property is classified as 
45.5 	homestead or nonhomestead. The notice must clearly inform taxpayers of the years to 
45.6 	which the market values apply and that the values are final values;
45.7 	(2) the items listed below, shown separately by county, city or town, and state general 
45.8 	tax, net of the residential and agricultural homestead credit under section 273.1384, voter 
45.9 	approved school levy, other local school levy, and the sum of the special taxing districts, 
45.10 	and as a total of all taxing authorities:
45.11 	(i) the actual tax for taxes payable in the current year; and
45.12 	(ii) the proposed tax amount.
45.13 	If the county levy under clause (2) includes an amount for a lake improvement 
45.14 	district as defined under sections 103B.501 to 103B.581, the amount attributable for that 
45.15 	purpose must be separately stated from the remaining county levy amount.
45.16 	In the case of a town or the state general tax, the final tax shall also be its proposed 
45.17 	tax unless the town changes its levy at a special town meeting under section 365.52. If a 
45.18 	school district has certified under section 126C.17, subdivision 9, that a referendum will 
45.19 	be held in the school district at the November general election, the county auditor must 
45.20 	note next to the school district's proposed amount that a referendum is pending and that, if 
45.21 	approved by the voters, the tax amount may be higher than shown on the notice. In the 
45.22 	case of the city of Minneapolis, the levy for Minneapolis Park and Recreation shall be 
45.23 	listed separately from the remaining amount of the city's levy. In the case of the city of 
45.24 	St. Paul, the levy for the St. Paul Library Agency must be listed separately from the 
45.25 	remaining amount of the city's levy. In the case of Ramsey County, any amount levied 
45.26 	under section 134.07 may be listed separately from the remaining amount of the county's 
45.27 	levy. In the case of a parcel where tax increment or the fiscal disparities areawide tax 
45.28 	under chapter 276A or 473F applies, the proposed tax levy on the captured value or the 
45.29 	proposed tax levy on the tax capacity subject to the areawide tax must each be stated 
45.30 	separately and not included in the sum of the special taxing districts; and
45.31 	(3) the increase or decrease between the total taxes payable in the current year and 
45.32 	the total proposed taxes, expressed as a percentage.
45.33 	For purposes of this section, the amount of the tax on homesteads qualifying under 
45.34 	the senior citizens' property tax deferral program under chapter 290B is the total amount 
45.35 	of property tax before subtraction of the deferred property tax amount.
46.1 	(e) The notice must clearly state that the proposed or final taxes do not include 
46.2 	the following:
46.3 	(1) special assessments;
46.4 	(2) levies approved by the voters after the date the proposed taxes are certified, 
46.5 	including bond referenda and school district levy referenda;
46.6 	(3) a levy limit increase approved by the voters by the first Tuesday after the first 
46.7 	Monday in November of the levy year as provided under section 275.73;
46.8 	(4) amounts necessary to pay cleanup or other costs due to a natural disaster 
46.9 	occurring after the date the proposed taxes are certified;
46.10 	(5) amounts necessary to pay tort judgments against the taxing authority that become 
46.11 	final after the date the proposed taxes are certified; and
46.12 	(6) the contamination tax imposed on properties which received market value 
46.13 	reductions for contamination.
46.14 	(f) Except as provided in subdivision 7, failure of the county auditor to prepare or 
46.15 	the county treasurer to deliver the notice as required in this section does not invalidate the 
46.16 	proposed or final tax levy or the taxes payable pursuant to the tax levy.
46.17 	(g) If the notice the taxpayer receives under this section lists the property as 
46.18 	nonhomestead, and satisfactory documentation is provided to the county assessor by the 
46.19 	applicable deadline, and the property qualifies for the homestead classification in that 
46.20 	assessment year, the assessor shall reclassify the property to homestead for taxes payable 
46.21 	in the following year.
46.22 	(h) In the case of class 4 residential property used as a residence for lease or rental 
46.23 	periods of 30 days or more, the taxpayer must either:
46.24 	(1) mail or deliver a copy of the notice of proposed property taxes to each tenant, 
46.25 	renter, or lessee; or
46.26 	(2) post a copy of the notice in a conspicuous place on the premises of the property.
46.27 	The notice must be mailed or posted by the taxpayer by November 27 or within 
46.28 	three days of receipt of the notice, whichever is later. A taxpayer may notify the county 
46.29 	treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises to 
46.30 	which the notice must be mailed in order to fulfill the requirements of this paragraph.
46.31 	(i) For purposes of this subdivision, subdivisions 5a and 6, "metropolitan special 
46.32 	taxing districts" means the following taxing districts in the seven-county metropolitan area 
46.33 	that levy a property tax for any of the specified purposes listed below:
46.34 	(1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325, 
46.35 	473.446, 473.521, 473.547, or 473.834;
47.1 	(2) Metropolitan Airports Commission under section 473.667, 473.671, or 473.672; 
47.2 	and 
47.3 	(3) Metropolitan Mosquito Control Commission under section 473.711.
47.4 	For purposes of this section, any levies made by the regional rail authorities in the 
47.5 	county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 
47.6 	398A shall be included with the appropriate county's levy and shall be discussed at that 
47.7 	county's public hearing.
47.8 	(j) The governing body of a county, city, or school district may, with the consent 
47.9 	of the county board, include supplemental information with the statement of proposed 
47.10 	property taxes about the impact of state aid increases or decreases on property tax 
47.11 	increases or decreases and on the level of services provided in the affected jurisdiction. 
47.12 	This supplemental information may include information for the following year, the current 
47.13 	year, and for as many consecutive preceding years as deemed appropriate by the governing 
47.14 	body of the county, city, or school district. It may include only information regarding:
47.15 	(1) the impact of inflation as measured by the implicit price deflator for state and 
47.16 	local government purchases;
47.17 	(2) population growth and decline;
47.18 	(3) state or federal government action; and
47.19 	(4) other financial factors that affect the level of property taxation and local services 
47.20 	that the governing body of the county, city, or school district may deem appropriate to 
47.21 	include.
47.22 	The information may be presented using tables, written narrative, and graphic 
47.23 	representations and may contain instruction toward further sources of information or 
47.24 	opportunity for comment.

47.25 	EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 
47.26 	thereafter.

47.27 	Sec. 4. Minnesota Statutes 2008, section 275.065, subdivision 5a, is amended to read:
47.28 		Subd. 5a.Public advertisement. (a) Except for property taxes levied in 2009 and 
47.29 	2010, a city that has a population of more than 2,500, county, a metropolitan special taxing 
47.30 	district as defined in subdivision 3, paragraph (i), a regional library district established 
47.31 	under section 134.201, or school district shall advertise in a newspaper a notice of its 
47.32 	intent to adopt a budget and property tax levy or, in the case of a school district, to review 
47.33 	its current budget and proposed property taxes payable in the following year, at a public 
47.34 	hearing, if a public hearing is required under subdivision 6. The notice must be published 
47.35 	not less than two business days nor more than six business days before the hearing.
48.1 	The advertisement must be at least one-eighth page in size of a standard-size or a 
48.2 	tabloid-size newspaper. The advertisement must not be placed in the part of the newspaper 
48.3 	where legal notices and classified advertisements appear. The advertisement must be 
48.4 	published in an official newspaper of general circulation in the taxing authority. The 
48.5 	newspaper selected must be one of general interest and readership in the community, and 
48.6 	not one of limited subject matter. The advertisement must appear in a newspaper that is 
48.7 	published at least once per week.
48.8 	For purposes of this section, the metropolitan special taxing district's advertisement 
48.9 	must only be published in the Minneapolis Star and Tribune and the Saint Paul Pioneer 
48.10 	Press.
48.11 	In addition to other requirements, a county and a city having a population of 
48.12 	more than 2,500 must show in the public advertisement required under this subdivision 
48.13 	the current local tax rate, the proposed local tax rate if no property tax levy increase 
48.14 	is adopted, and the proposed rate if the proposed levy is adopted. For purposes of this 
48.15 	subdivision, "local tax rate" means the city's or county's net tax capacity levy divided by 
48.16 	the city's or county's taxable net tax capacity.
48.17 	(b) Subject to the provisions of paragraph (g), the advertisement for school districts, 
48.18 	metropolitan special taxing districts, and regional library districts must be in the following 
48.19 	form, except that the notice for a school district may include references to the current 
48.20 	budget in regard to proposed property taxes.
48.21 	"NOTICE OF
48.22 	PROPOSED PROPERTY TAXES
48.23 	(School District/Metropolitan
48.24 	Special Taxing District/Regional
48.25 	Library District) of .........
48.26 	The governing body of ........ will soon hold budget hearings and vote on the property 
48.27 	taxes for (metropolitan special taxing district/regional library district services that will be 
48.28 	provided in (year)/school district services that will be provided in (year) and (year)).
48.29 	NOTICE OF PUBLIC HEARING:
48.30 	All concerned citizens are invited to attend a public hearing and express their opinions 
48.31 	on the proposed (school district/metropolitan special taxing district/regional library 
48.32 	district) budget and property taxes, or in the case of a school district, its current budget 
48.33 	and proposed property taxes, payable in the following year. The hearing will be held on 
48.34 	(Month/Day/Year) at (Time) at (Location, Address)."
48.35 	(c) Subject to the provisions of paragraph (g), the advertisement for cities and 
48.36 	counties must be in the following form.
48.37 	"NOTICE OF PROPOSED
49.1 	TOTAL BUDGET AND PROPERTY TAXES
49.2 	The (city/county) governing body or board of commissioners will hold a public hearing to 
49.3 	discuss the budget and to vote on the amount of property taxes to collect for services the 
49.4 	(city/county) will provide in (year).
49.5 	SPENDING: The total budget amounts below compare (city's/county's) (year) total actual 
49.6 	budget with the amount the (city/county) proposes to spend in (year).

49.7
49.8	(Year) Total Actual
Budget
	Proposed (Year) Budget
	Change from 
(Year)-(Year)
	
49.9		$
........			$
........			.....%
		
49.10 	TAXES: The property tax amounts below compare that portion of the current budget 
49.11 	levied in property taxes in (city/county) for (year) with the property taxes the (city/county) 
49.12 	proposes to collect in (year). 

49.13
49.14	(Year) Property Taxes
	Proposed (Year) Property
Taxes
	Change from 
(Year)-(Year)
	
49.15		$
........			$
........			.....%
		
49.16 	LOCAL TAX RATE COMPARISON: The current local tax rate, the local tax rate if no tax 
49.17 	levy increase is adopted, and the proposed local tax rate if the proposed levy is adopted.

49.18
49.19	(Year) Tax Rate
	(Year) Tax Rate if NO 
Levy Increase
	(Year) Proposed Tax
Rate
	
49.20		........
			........
			........
		
49.21 	ATTEND THE PUBLIC HEARING
49.22 	All (city/county) residents are invited to attend the public hearing of the (city/county) to 
49.23 	express your opinions on the budget and the proposed amount of (year) property taxes. 
49.24 	The hearing will be held on:
49.25 	(Month/Day/Year/Time)
49.26 	(Location/Address)
49.27 	If the discussion of the budget cannot be completed, a time and place for continuing the 
49.28 	discussion will be announced at the hearing. You are also invited to send your written 
49.29 	comments to:
49.30 	(City/County)
49.31 	(Location/Address)"
49.32 	(d) For purposes of this subdivision, the budget amounts listed on the advertisement 
49.33 	mean:
49.34 	(1) for cities, the total government fund expenditures, as defined by the state auditor 
49.35 	under section 471.6965, less any expenditures for improvements or services that are 
50.1 	specially assessed or charged under chapter 429, 430, 435, or the provisions of any other 
50.2 	law or charter; and
50.3 	(2) for counties, the total government fund expenditures, as defined by the state 
50.4 	auditor under section 375.169, less any expenditures for direct payments to recipients or 
50.5 	providers for the human service aids listed below:
50.6 	(i) Minnesota family investment program under chapters 256J and 256K;
50.7 	(ii) medical assistance under sections 256B.041, subdivision 5, and 256B.19, 
50.8 	subdivision 1;
50.9 	(iii) general assistance medical care under section 256D.03, subdivision 6;
50.10 	(iv) general assistance under section 256D.03, subdivision 2;
50.11 	(v) Minnesota supplemental aid under section 256D.36, subdivision 1;
50.12 	(vi) preadmission screening under section 256B.0911, and alternative care grants 
50.13 	under section  256B.0913;
50.14 	(vii) general assistance medical care claims processing, medical transportation and 
50.15 	related costs under section 256D.03, subdivision 4;
50.16 	(viii) medical transportation and related costs under section 256B.0625, subdivisions 
50.17 	17 to 18a;
50.18 	(ix) group residential housing under section 256I.05, subdivision 8, transferred 
50.19 	from programs in clauses (iv) and (v); or
50.20 	(x) any successor programs to those listed in clauses (i) to (ix).
50.21 	(e) A city with a population of over 500 but not more than 2,500 that is required to 
50.22 	hold a public hearing under subdivision 6 must advertise by posted notice as defined in 
50.23 	section 645.12, subdivision 1. The advertisement must be posted at the time provided in 
50.24 	paragraph (a). It must be in the form required in paragraph (b).
50.25 	(f) For purposes of this subdivision, the population of a city is the most recent 
50.26 	population as determined by the state demographer under section 4A.02.
50.27 	(g) The commissioner of revenue shall annually prescribe the specific form and 
50.28 	format of the advertisements required under this subdivision, including such details as 
50.29 	font size and style, and spacing for the required items. The commissioner may prescribe 
50.30 	alternate and additional language for the advertisement for a taxing authority or for groups 
50.31 	of taxing authorities. At least two weeks before November 29 each year, the commissioner 
50.32 	shall provide a copy of the prescribed advertisements to the chairs of the committees of 
50.33 	the house of representatives and the senate with jurisdiction over taxes.

50.34 	EFFECTIVE DATE. This section is effective the day following final enactment.

50.35 	Sec. 5. Minnesota Statutes 2008, section 275.065, subdivision 6, is amended to read:
51.1 		Subd. 6.Public hearing; Adoption of budget and levy. (a) For purposes of this 
51.2 	section, the following terms shall have the meanings given:
51.3 	(1) "Initial hearing" means the first and primary hearing held to discuss the taxing 
51.4 	authority's proposed budget and proposed property tax levy for taxes payable in the 
51.5 	following year, or, for school districts, the current budget and the proposed property tax 
51.6 	levy for taxes payable in the following year.
51.7 	(2) "Continuation hearing" means a hearing held to complete the initial hearing, if 
51.8 	the initial hearing is not completed on its scheduled date.
51.9 	(3) "Subsequent hearing" means the hearing held to adopt the taxing authority's final 
51.10 	property tax levy, and, in the case of taxing authorities other than school districts, the final 
51.11 	budget, for taxes payable in the following year.
51.12 	(b) Between November 29 and December 20, the governing bodies of a city that has a 
51.13 	population over 500, county, metropolitan special taxing districts as defined in subdivision 
51.14 	3, paragraph (i), and regional library districts shall each hold an initial public hearing 
51.15 	to discuss and seek public comment on its final budget and property tax levy for taxes 
51.16 	payable in the following year, and the governing body of the school district shall hold an 
51.17 	initial public hearing to review its current budget and proposed property tax levy for taxes 
51.18 	payable in the following year. The metropolitan special taxing districts shall be required to 
51.19 	hold only a single joint initial public hearing, the location of which will be determined by 
51.20 	the affected metropolitan agencies. A city, county, metropolitan special taxing district as 
51.21 	defined in subdivision 3, paragraph (i), regional library district established under section 
51.22 	134.201, or school district is not required to hold a public hearing under this subdivision 
51.23 	unless its proposed property tax levy for taxes payable in the following year, as certified 
51.24 	under subdivision 1, has increased over its final property tax levy for taxes payable in the 
51.25 	current year by a percentage that is greater than the percentage increase in the implicit 
51.26 	price deflator for government consumption expenditures and gross investment for state 
51.27 	and local governments prepared by the Bureau of Economic Analysts of the United States 
51.28 	Department of Commerce for the 12-month period ending March 31 of the current year.
51.29 	(c) The initial hearing must be held after 5:00 p.m. if scheduled on a day other than 
51.30 	Saturday. No initial hearing may be held on a Sunday.
51.31 	(d) At the initial hearing under this subdivision, the percentage increase in property 
51.32 	taxes proposed by the taxing authority, if any, and the specific purposes for which property 
51.33 	tax revenues are being increased must be discussed. During the discussion, the governing 
51.34 	body shall hear comments regarding a proposed increase and explain the reasons for the 
51.35 	proposed increase. The public shall be allowed to speak and to ask questions. At the public 
52.1 	hearing, the school district must also provide and discuss information on the distribution 
52.2 	of its revenues by revenue source, and the distribution of its spending by program area.
52.3 	(e) If the initial hearing is not completed on its scheduled date, the taxing authority 
52.4 	must announce, prior to adjournment of the hearing, the date, time, and place for the 
52.5 	continuation of the hearing. The continuation hearing must be held at least five business 
52.6 	days but no more than 14 business days after the initial hearing. A continuation hearing 
52.7 	may not be held later than December 20 except as provided in paragraphs (f) and (g). 
52.8 	A continuation hearing must be held after 5:00 p.m. if scheduled on a day other than 
52.9 	Saturday. No continuation hearing may be held on a Sunday.
52.10 	(f) The governing body of a county shall hold its initial hearing on the first Thursday 
52.11 	in December each year, and may hold additional initial hearings on other dates before 
52.12 	December 20 if necessary for the convenience of county residents. If the county needs a 
52.13 	continuation of its hearing, the continuation hearing shall be held on the third Tuesday 
52.14 	in December. If the third Tuesday in December falls on December 21, the county's 
52.15 	continuation hearing shall be held on Monday, December 20.
52.16 	(g) The metropolitan special taxing districts shall hold a joint initial public hearing 
52.17 	on the first Wednesday of December. A continuation hearing, if necessary, shall be held on 
52.18 	the second Wednesday of December even if that second Wednesday is after December 10.
52.19 	(h) The county auditor shall provide for the coordination of initial and continuation 
52.20 	hearing dates for all school districts and cities within the county to prevent conflicts under 
52.21 	clauses (i) and (j).
52.22 	(i) By August 10, each school board and the board of the regional library district 
52.23 	shall certify to the county auditors of the counties in which the school district or regional 
52.24 	library district is located the dates on which it elects to hold its initial hearing and any 
52.25 	continuation hearing. If a school board or regional library district does not certify these 
52.26 	dates by August 10, the auditor will assign the initial and continuation hearing dates. The 
52.27 	dates elected or assigned must not conflict with the initial and continuation hearing dates 
52.28 	of the county or the metropolitan special taxing districts.
52.29 	(j) By August 20, the county auditor shall notify the clerks of the cities within the 
52.30 	county of the dates on which school districts and regional library districts have elected to 
52.31 	hold their initial and continuation hearings. At the time a city certifies its proposed levy 
52.32 	under subdivision 1 it shall certify the dates on which it elects to hold its initial hearing and 
52.33 	any continuation hearing. Until September 15, the first and second Mondays of December 
52.34 	are reserved for the use of the cities. If a city does not certify its hearing dates by 
52.35 	September 15, the auditor shall assign the initial and continuation hearing dates. The dates 
52.36 	elected or assigned for the initial hearing must not conflict with the initial hearing dates 
53.1 	of the county, metropolitan special taxing districts, regional library districts, or school 
53.2 	districts within which the city is located. To the extent possible, the dates of the city's 
53.3 	continuation hearing should not conflict with the continuation hearing dates of the county, 
53.4 	metropolitan special taxing districts, regional library districts, or school districts within 
53.5 	which the city is located. This paragraph does not apply to cities of 500 population or less.
53.6 	(k) The county initial hearing date and the city, metropolitan special taxing district, 
53.7 	regional library district, and school district initial hearing dates must be designated on 
53.8 	the notices required under subdivision 3. The continuation hearing dates need not be 
53.9 	stated on the notices.
53.10 	(l) At a subsequent hearing, each county, school district, city over 500 population, 
53.11 	and metropolitan special taxing district may amend its proposed property tax levy 
53.12 	and must adopt a final property tax levy. Each county, city over 500 population, and 
53.13 	metropolitan special taxing district may also amend its proposed budget and must adopt a 
53.14 	final budget at the subsequent hearing. The final property tax levy must be adopted prior 
53.15 	to adopting the final budget. A school district is not required to adopt its final budget at the 
53.16 	subsequent hearing. The subsequent hearing of a taxing authority must be held on a date 
53.17 	subsequent to the date of the taxing authority's initial public hearing. If a continuation 
53.18 	hearing is held, the subsequent hearing must be held either immediately following the 
53.19 	continuation hearing or on a date subsequent to the continuation hearing. The subsequent 
53.20 	hearing may be held at a regularly scheduled board or council meeting or at a special 
53.21 	meeting scheduled for the purposes of the subsequent hearing. The subsequent hearing 
53.22 	of a taxing authority does not have to be coordinated by the county auditor to prevent a 
53.23 	conflict with an initial hearing, a continuation hearing, or a subsequent hearing of any 
53.24 	other taxing authority. All subsequent hearings must be held prior to five working days 
53.25 	after December 20 of the levy year. The date, time, and place of the subsequent hearing 
53.26 	must be announced at the initial public hearing or at the continuation hearing.
53.27 	(m) (a) The property tax levy certified under section 275.07 by a city of any 
53.28 	population, county, metropolitan special taxing district, regional library district, or school 
53.29 	district must not exceed the proposed levy determined under subdivision 1, except by an 
53.30 	amount up to the sum of the following amounts:
53.31 	(1) the amount of a school district levy whose voters approved a referendum to 
53.32 	increase taxes under section 123B.63, subdivision 3, or 126C.17, subdivision 9, after 
53.33 	the proposed levy was certified;
53.34 	(2) the amount of a city or county levy approved by the voters after the proposed 
53.35 	levy was certified;
54.1 	(3) the amount of a levy to pay principal and interest on bonds approved by the 
54.2 	voters under section 475.58 after the proposed levy was certified;
54.3 	(4) the amount of a levy to pay costs due to a natural disaster occurring after the 
54.4 	proposed levy was certified, if that amount is approved by the commissioner of revenue 
54.5 	under subdivision 6a;
54.6 	(5) the amount of a levy to pay tort judgments against a taxing authority that become 
54.7 	final after the proposed levy was certified, if the amount is approved by the commissioner 
54.8 	of revenue under subdivision 6a;
54.9 	(6) the amount of an increase in levy limits certified to the taxing authority by the 
54.10 	commissioner of education or the commissioner of revenue after the proposed levy was 
54.11 	certified; and
54.12 	(7) the amount required under section 126C.55.
54.13 	(n) (b) This subdivision does not apply to towns and special taxing districts other 
54.14 	than regional library districts and metropolitan special taxing districts.
54.15 	(o) (c) Notwithstanding the requirements of this section, the employer is required to 
54.16 	meet and negotiate over employee compensation as provided for in chapter 179A.

54.17 	EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 
54.18 	thereafter.

54.19 	Sec. 6. Minnesota Statutes 2008, section 279.01, subdivision 1, is amended to read:
54.20 		Subdivision 1. Due dates; penalties. Except as provided in subdivision 3 or 4, on 
54.21 	May 16 or 21 days after the postmark date on the envelope containing the property tax 
54.22 	statement, whichever is later, a penalty accrues and thereafter is charged upon all unpaid 
54.23 	taxes on real estate on the current lists in the hands of the county treasurer. The penalty is 
54.24 	at a rate of two percent on homestead property until May 31 and four percent on June 1. 
54.25 	The penalty on nonhomestead property is at a rate of four percent until May 31 and eight 
54.26 	percent on June 1. This penalty does not accrue until June 1 of each year, or 21 days after 
54.27 	the postmark date on the envelope containing the property tax statements, whichever is 
54.28 	later, on commercial use real property used for seasonal residential recreational purposes 
54.29 	and classified as class 1c or 4c, and on other commercial use real property classified as 
54.30 	class 3a, provided that over 60 percent of the gross income earned by the enterprise on the 
54.31 	class 3a property is earned during the months of May, June, July, and August. In order for 
54.32 	the first half of the tax due on class 3a property to be paid after May 15 and before June 1, 
54.33 	or 21 days after the postmark date on the envelope containing the property tax statement, 
54.34 	whichever is later, without penalty, the owner of the property must attach an affidavit to the 
54.35 	payment attesting to compliance with the income provision of this subdivision. Thereafter, 
55.1 	for both homestead and nonhomestead property, on the first day of each month beginning 
55.2 	July 1, up to and including October 1 following, an additional penalty of one percent for 
55.3 	each month accrues and is charged on all such unpaid taxes provided that if the due date 
55.4 	was extended beyond May 15 as the result of any delay in mailing property tax statements 
55.5 	no additional penalty shall accrue if the tax is paid by the extended due date. If the tax is 
55.6 	not paid by the extended due date, then all penalties that would have accrued if the due 
55.7 	date had been May 15 shall be charged. When the taxes against any tract or lot exceed 
55.8 	$50 $250, one-half thereof may be paid prior to May 16 or 21 days after the postmark 
55.9 	date on the envelope containing the property tax statement, whichever is later; and, if so 
55.10 	paid, no penalty attaches; the remaining one-half may be paid at any time prior to October 
55.11 	16 following, without penalty; but, if not so paid, then a penalty of two percent accrues 
55.12 	thereon for homestead property and a penalty of four percent on nonhomestead property. 
55.13 	Thereafter, for homestead property, on the first day of November an additional penalty of 
55.14 	four percent accrues and on the first day of December following, an additional penalty of 
55.15 	two percent accrues and is charged on all such unpaid taxes. Thereafter, for nonhomestead 
55.16 	property, on the first day of November and December following, an additional penalty of 
55.17 	four percent for each month accrues and is charged on all such unpaid taxes. If one-half of 
55.18 	such taxes are not paid prior to May 16 or 21 days after the postmark date on the envelope 
55.19 	containing the property tax statement, whichever is later, the same may be paid at any time 
55.20 	prior to October 16, with accrued penalties to the date of payment added, and thereupon 
55.21 	no penalty attaches to the remaining one-half until October 16 following. 
55.22 	This section applies to payment of personal property taxes assessed against 
55.23 	improvements to leased property, except as provided by section 277.01, subdivision 3. 
55.24 	A county may provide by resolution that in the case of a property owner that has 
55.25 	multiple tracts or parcels with aggregate taxes exceeding $50 $250, payments may be 
55.26 	made in installments as provided in this subdivision. 
55.27 	The county treasurer may accept payments of more or less than the exact amount of 
55.28 	a tax installment due. Payments must be applied first to the oldest installment that is due 
55.29 	but which has not been fully paid. If the accepted payment is less than the amount due, 
55.30 	payments must be applied first to the penalty accrued for the year or the installment being 
55.31 	paid. Acceptance of partial payment of tax does not constitute a waiver of the minimum 
55.32 	payment required as a condition for filing an appeal under section 278.03 or any other law, 
55.33 	nor does it affect the order of payment of delinquent taxes under section 280.39. 

55.34 	EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 
55.35 	thereafter.

56.1 	Sec. 7. Minnesota Statutes 2008, section 279.10, is amended to read:
56.2 	279.10 PUBLICATION CORRECTED.
56.3 	Immediately after preparing forms for printing such notice and list, and at least five 
56.4 	days before the first day for the publication thereof, every such publisher shall furnish 
56.5 	proof of the proposed publication to the county auditor for correction. When such the copy 
56.6 	has been corrected, the auditor shall return the same it to the printer, who shall publish it 
56.7 	as corrected. On the first day on which such the notice and list are published, the publisher 
56.8 	shall mail a copy of the newspaper containing the same the notice and list to the auditor. If 
56.9 	during the publication of the notice and list, or within ten days after the last publication 
56.10 	thereof, the auditor shall discover discovers that such the publication is invalid contains an 
56.11 	error, the auditor shall forthwith direct the publisher to republish the same as corrected
56.12 	publish the correct information for an additional period of two weeks. The auditor does 
56.13 	not have to direct the publisher to republish the entire list. The publisher, if not neglectful, 
56.14 	shall be is entitled to the same compensation as allowed by law for the original publication
56.15 	of the corrected information, but shall receive no further compensation therefor if such
56.16 	the republication is necessary by reason of the neglect of the publisher.

56.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

56.18 	Sec. 8. Minnesota Statutes 2008, section 375.194, subdivision 5, is amended to read:
56.19 		Subd. 5.Determination of county tax rate. The eligible county's proposed and 
56.20 	final tax rates shall be determined by dividing the certified levy by the total taxable net tax 
56.21 	capacity, without regard to any abatements granted under this section. The county board 
56.22 	shall make available the estimated amount of the abatement at the public hearing under 
56.23 	section 275.065, subdivision 6.

56.24 	EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 
56.25 	thereafter.

56.26 	Sec. 9. Minnesota Statutes 2008, section 383A.75, subdivision 3, is amended to read:
56.27 		Subd. 3.Duties. The committee is authorized to and shall meet from time to time 
56.28 	to make appropriate recommendations for the efficient and effective use of property tax 
56.29 	dollars raised by the jurisdictions for programs, buildings, and operations. In addition, 
56.30 	the committee shall:
56.31 	(1) identify trends and factors likely to be driving budget outcomes over the next 
56.32 	five years with recommendations for how the jurisdictions should manage those trends 
56.33 	and factors to increase efficiency and effectiveness;
57.1 	(2) agree, by October 1 of each year, on the appropriate level of overall property tax 
57.2 	levy for the three jurisdictions and publicly report such to the governing bodies of each 
57.3 	jurisdiction for ratification or modification by resolution; and
57.4 	(3) plan for the joint truth-in-taxation hearings under section 275.065, subdivision 
57.5 	8; and  
57.6 	(4) identify, by December 31 of each year, areas of the budget to be targeted in the 
57.7 	coming year for joint review to improve services or achieve efficiencies.
57.8 	In carrying out its duties, the committee shall consult with public employees of 
57.9 	each jurisdiction and with other stakeholders of the city, county, and school district, as 
57.10 	appropriate.

57.11 	EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 
57.12 	thereafter.

57.13 	Sec. 10. Minnesota Statutes 2008, section 465.719, subdivision 9, is amended to read:
57.14 		Subd. 9.Application of other laws. A corporation created by a political subdivision 
57.15 	under this section must comply with every law that applies to the political subdivision, 
57.16 	as if the corporation is a part of the political subdivision, unless the resolution ratifying 
57.17 	creation of the corporation specifically exempts the corporation from part or all of a law. 
57.18 	If the resolution exempts the corporation from part or all of a law, the resolution must 
57.19 	make a detailed and specific finding as to why the corporation cannot fulfill its purpose if 
57.20 	the corporation is subject to that law. A corporation may not be exempted from chapter 
57.21 	13D, the Minnesota Open Meeting Law, sections 138.163 to 138.25, governing records 
57.22 	management, or chapter 13, the Minnesota Government Data Practices Act. Any affected 
57.23 	or interested person may bring an action in district court to void the resolution on the 
57.24 	grounds that the findings are not sufficiently detailed and specific, or that the corporation 
57.25 	can fulfill its purpose if it is subject to the law from which the resolution exempts the 
57.26 	corporation. Laws that apply to a political subdivision that also apply to a corporation 
57.27 	created by a political subdivision under this subdivision include, but are not limited to:  
57.28 	(1) chapter 13D, the Minnesota Open Meeting Law;
57.29 	(2) chapter 13, the Minnesota Government Data Practices Act;
57.30 	(3) section 471.345, the Uniform Municipal Contracting Law;  
57.31 	(4) sections 43A.17, limiting the compensation of employees based on the governor's 
57.32 	salary; 471.991 to 471.999, providing for equitable pay; and 465.72 and 465.722, 
57.33 	governing severance pay;  
57.34 	(5) section 275.065, providing for truth-in-taxation hearings. If any tax revenues of 
57.35 	the political subdivision will be appropriated to the corporation, the corporation's annual 
58.1 	operating and capital budgets must be included in the truth-in-taxation hearing of the 
58.2 	political subdivision that created the corporation;  
58.3 	(6) if the corporation issues debt, its debt is included in the political subdivision's 
58.4 	debt limit if it would be included if issued by the political subdivision, and issuance of the 
58.5 	debt is subject to the election and other requirements of chapter 475 and section 471.69;  
58.6 	(7) (6) section 471.895, prohibiting acceptance of gifts from interested parties, and 
58.7 	sections 471.87 to 471.89, relating to interests in contracts;  
58.8 	(8) (7) chapter 466, relating to municipal tort liability;
58.9 	(9) (8) chapter 118A, requiring deposit insurance or bond or pledged collateral for 
58.10 	deposits;
58.11 	(10) (9) chapter 118A, restricting investments;
58.12 	(11) (10) section 471.346, requiring ownership of vehicles to be identified;  
58.13 	(12) (11) sections 471.38 to 471.41, requiring claims to be in writing, itemized, and 
58.14 	approved by the governing board before payment can be made; and  
58.15 	(13) (12) the corporation cannot make advances of pay, make or guarantee loans to 
58.16 	employees, or provide in-kind benefits unless authorized by law.

58.17 	EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 
58.18 	thereafter.

58.19 	Sec. 11. Minnesota Statutes 2008, section 473.13, subdivision 1, is amended to read:
58.20 		Subdivision 1.Budget. (a) On or before December 20 of each year, the council, 
58.21 	after the public hearing required in section 275.065, shall adopt a final budget covering its 
58.22 	anticipated receipts and disbursements for the ensuing year and shall decide upon the total 
58.23 	amount necessary to be raised from ad valorem tax levies to meet its budget. The budget 
58.24 	shall state in detail the expenditures for each program to be undertaken, including the 
58.25 	expenses for salaries, consultant services, overhead, travel, printing, and other items. The 
58.26 	budget shall state in detail the capital expenditures of the council for the budget year, based 
58.27 	on a five-year capital program adopted by the council and transmitted to the legislature. 
58.28 	After adoption of the budget and no later than five working days after December 20, the 
58.29 	council shall certify to the auditor of each metropolitan county the share of the tax to be 
58.30 	levied within that county, which must be an amount bearing the same proportion to the 
58.31 	total levy agreed on by the council as the net tax capacity of the county bears to the net tax 
58.32 	capacity of the metropolitan area. The maximum amount of any levy made for the purpose 
58.33 	of this chapter may not exceed the limits set by the statute authorizing the levy.  
58.34 	(b) Each even-numbered year the council shall prepare for its transit programs a 
58.35 	financial plan for the succeeding three calendar years, in half-year segments. The financial 
59.1 	plan must contain schedules of user charges and any changes in user charges planned or 
59.2 	anticipated by the council during the period of the plan. The financial plan must contain a 
59.3 	proposed request for state financial assistance for the succeeding biennium.
59.4 	(c) In addition, the budget must show for each year:
59.5 	(1) the estimated operating revenues from all sources including funds on hand at the 
59.6 	beginning of the year, and estimated expenditures for costs of operation, administration, 
59.7 	maintenance, and debt service;
59.8 	(2) capital improvement funds estimated to be on hand at the beginning of the year 
59.9 	and estimated to be received during the year from all sources and estimated cost of capital 
59.10 	improvements to be paid out or expended during the year, all in such detail and form as 
59.11 	the council may prescribe; and
59.12 	(3) the estimated source and use of pass-through funds.

59.13 	EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 
59.14 	thereafter.

59.15 	Sec. 12.  REPEALER.
 59.16 	Minnesota Statutes 2008, section 275.065, subdivisions 6b, 6c, 8, 9, and 10, are 
59.17 	repealed.

59.18 	EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 
59.19 	thereafter.